Board of Health

Easthampton Board of Health Meeting Minutes June 28, 2023 50 Payson Ave., Easthampton, MA 01027 PRESENT: Maggie Hebert (MH), Beth Rist (BR), Aimee Petrosky (AP), Brian Chapdelaine (BC), Health Inspector, Jackie Sienkiewicz, recorder. Absent: Allison Egan (AE), Health Director Also Present: Donna Bowman (DB), Abdul Butt (AB). Meeting held remotely by Google Meet. Motions A motion to open the meeting at 5:30 PM was made by BR and seconded by MH. All in favor – 3, Opposed – 0. Vote was taken by roll call. A motion to accept the meeting minutes of May 17, 2023, was made by BR and seconded by MH. All in favor – 2, Opposed – 0, Abstained -1. Vote was taken by roll call. Public Speak: None A motion was made by AP and seconded by BR to go out of order for the agenda until 5:40 when the Union Mart hearing will start. All in favor – 3, Opposed – 0. Vote was taken by roll call. ● Public Health Director- Vote in new director, Allison Egan: MH stated that the Board was required to vote in the new Health Director as an agent of the Board of Health. Allison Egan was not able to attend the meeting due to a previously scheduled vacation. MH explained that she and BR had previously met with AE and AE had begun working on June 20, 2023. A motion was made by MH and seconded by BR to approve Allison Egan as Health Director for the City of Easthampton and an agent of the Board of Health. All in favor – 3, Opposed – 0. Vote was taken by roll. ● Update from Director: BC gave an update to the Board concerning the 10 summer camps that would be permitted this summer in Easthampton. BC stated that 3 were done and the remaining 7 were scheduled to be finalized during the next few weeks. BC  reviewed the property at 140 Everett Street that was recently taken by the City for taxes. The City Treasurer and Attorney asked that the property be inspected by the Health Department, due to a history of condemnation by the owner for animal hoarding. Ten plus cats were found at the inspection. The overall condition of the house and animal situation has resulted in a lot of time devoted to sorting this out. BC stated that the Public Health Nurse was notified by the State that a customer had been diagnosed with shigella after eating at Dynasty Gourmet in late May and developing symptoms. BC explained that originally, he had planned to do an inspection of the restaurant but the 140 Everett St situation had consumed most of his time and the inspection was postponed. The Board discussed with BC options of getting another inspector to do the inspection due to the seriousness of this food borne illness. BC said he would follow up with the backup inspector and her ability to do the inspection. A motion to suspend the BOH meeting and open the Hearing for Union Mart’s appeal of the fine and permit suspension from a 4/16/23 tobacco compliance inspection at 5:41 was made by BR and seconded by AP. All in favor – 3, Opposed – 0. Vote was taken by roll call. Public Speak: AB stated that he received the letter on May 25th, concerning the violation that occurred on April 16th. AB stated that the violation occurred 40 days earlier and he does not have video of this transaction that far back. AB said that none of his employees admitted to the violation. AB stated that he needs to know the specifics of this violation including which employee, so that when he fires that employee, he doesn’t get sued. AB wanted to see a picture of the transaction and proof of the age of the secret buyer. DB introduced herself as the tobacco control officer for the Pioneer Valley Tobacco Coalition for the past 5 years. DB explained that the youth officer are properly trained through the State on how to conduct a proper compliance check. In addition, they all have permission from their parents to do so. At the time of a compliance check, youth officers are instructed to remove all items from their pockets except the cash given to them to make the purchase and a cell phone in case they need assistance or if the environment becomes hostile. The youth officers are always instructed to tell the truth if asked their age or if this is a compliance check. DB continued by saying that she will wait outside the store as the youth enters and exits the store. Youth officers return directly to the vehicle and then if there is a sale the items are bagged and tagged. DB stated for the record that the sale took place on Sunday, April 16, 2023 at about 1:47 when the youth officer entered the Union Mart located at 123 Cottage Street in Easthampton. The youth officer, asked for a package of Marlboro Reds. When the clerk could not reach them and offered to allow the youth officer to get them themselves. The youth officer declined and said whatever the clerk could reach was fine. The clerk sold the youth officer a pack of Marlboro Red Label. The youth officer left the store and returned to the vehicle with $6.75 in change. The item was tagged with the date, time, and location of the sale and a brief description of the clerk. DB told AB that was the information on the sale and would try to clarify more if needed. AB said that he needed a picture of the clerk and transaction. DB responded that they do not take pictures. AP suggested that if he needed to have pictures of this, then he would need to upgrade his camera system. AP stated that the youth officer is sworn to do their job and that the infraction stands. AB asked why did it take so long for him to get the notification. No system will have video for 40 days. DB said that the coalition notifies the local boards of violations. MH said that once our office receives the notification, it then needs to be discussed at the next meeting to determine penalties, creating a delay. MH stated that since a date and even time was given for the violation that he should be able to look at his payroll to determine who was scheduled at that time. AB again said that no employee was admitting to it and this would present a problem when he fired them, allowing the terminated employee to then sue him. The Board discussed with AB that this was his decision and not part of the Boards making process. The Board stated that the fine stands and a suspension of the permit for three days. AB asked to have a written statement. AP responded that he had the original violation letter and he would be given a copy of the meeting minutes when they were approved as well. If there were any other concerns regarding the employee, then perhaps an AB should consult an attorney. BC explained that the fine should be paid as soon as possible and to set a new date for the three day suspension. AB asked that the number of days be reduced from three days to one because tobacco sales is about seventy percent of his revenue. MH stated that the number of days had already been determined and approved at a previous meeting. The fine and number of days for the suspension stands as is. AB asked that the dates be after his vacation that starts on July 3 until the beginning of August. AB and the Board discussed the time for the suspension to be put in place prior to the vacation but AB said that it would be a headache to try and get that done before his vacation. AP responded that the real headache was selling nicotine to children that caused kids to become addicted and sick from it. AB agreed that it is a problem and he has his own kids as well. AB said anyone can make a mistake. The Board closed the public speak portion of the meeting and discussed the dates for the suspension. The Board stated that when a suspension is given, all products must be removed from the property, not just stored in a back room. A motion was made by BR and seconded by MH to have the three day suspension of the tobacco permit for Union Mart be August 4, 5 and 6 of 2023. All in favor – 3, Opposed – 0. Vote was taken by roll call. The Board instruction BC to send an order letter with the dates for the suspension to AB, giving AB plenty of notice, A motion was made by AP and seconded by BR to close the hearing for the Union Mart appeal of the fine and permit suspension at 5:44 PM. All in favor – 3, Opposed – 0. Vote was taken by roll call. A motion was made to reopen the Board of Health meeting at 5:45 by MH and seconded by BR. All in favor – 2, Opposed – 0. Vote was taken by roll call. ● Items not reasonably anticipated by the chair 48 hours in advance of the Board meeting: The Board reviewed again with BC concerning the inspection of Dynasty Gourmet. BC notified the Board that the recent budget request of a twenty hour a week inspector be added to the Health Department was not passed. Questions of why this was not passed were raised by the Board but BC had received no communication from HR or the Mayor’s office as to why. MH said that she would reach out to the Finance chair, Dan Rist to get some answers. The Board stated that Dynasty Gourmet was a good example of why a part time inspector was needed in the department. The Board was also made aware that the Public Health Nurse, Bridget Diggins, was leaving the following week for a full time position at Baystate Hospital. The Board discussed the position not being posted yet and the possibility of using the shared services coverage from Northampton until the permanent position can be filled. When asked about any other changes in staffing, BC explained that the community social worker, Liz Plouffe, would be going out on maternity leave sometime in September. A motion to close the meeting at 6:21 PM was made by AP and seconded by BR. All in favor – 3, Opposed – 0. Vote taken by roll call. NEXT MEETING: July 19, 2023