Board of Health

An organizational meeting of the Board of Health was held at 6:00 P.M. Present were: Ian Murray, Chairman; Sandra Knipe, R.N.B.S.N. Member; John Bogdasarian, M.D.; Stephen Curry, Director; Matthew Bernard, Sanitary Inspector; Jason Dulmaine, Sanitary Inspector; Michael Burns, Sanitary Inspector; Dr. James McNamara, Property Owner of 215 Madison St.; Kelly Visconti, occupant of 215 Madison St. Hearing Request: Kelly Visconti, 215 Madison St #3 requested a hearing on May 3, 2016. She feels there are violations in the apartment that Mr. Bernard did not issue an order to correct. This hearing is to determine: 1. Whether an Inspector failed to find violations of the law where such violations are claimed to exist, and or; 2. Whether an Inspector failed to issue and order as requested by 105 CMR 410.830. Mr. Curry stated that on March 29, 2016 Mr. Bernard received a complaint from Ms. Visconti regarding an infestation of bed bugs in her unit. Mr. Bernard stated on March 29, 2016 he did an inspection in her unit and cited a couple of code violations that did not pertain to bed bugs that day, but he did not find evidence of bed bugs at that time and told Ms. Visconti if she found any bugs to call him and he would do a re-inspection. She called the next day and said she had found more bed bugs that day. Mr. Bernard went to her unit and she did have a bug in a mason jar and a bug in a plastic bag. It was an insect but he could not verify it was a bed bug. At that time Mr. Bernard ordered the owner to exterminate the dwelling. After ordering the extermination, Mr. Bernard spoke to the tenant on the 1st floor of the building and confirmed with that occupant that there were no bed bugs or complaints of bed bugs in their unit. The occupant on the first floor did not wish to place a complaint or have an inspection of the unit. On April 28, 2016, Mr. Bernard, Mr. Burns, Mr. Dulmaine, & Mr. Leblanc went back to the unit to do a re-inspection and there was no evidence of any bed bugs in the unit. Ms. Visconti presented her case stating there are bed bugs presently in her unit and she has evidence of them which includes several photos of bugs in different areas of her apartment, letters from her physician stating this is emotionally and physically affecting her, she also claims this has become a financial burden. She contacted an exterminator. The dwelling unit was exterminated for bed bugs on February 12 and March 9, 2016 by a licensed exterminator. Dr. Bogdasarian questioned why after two exterminations they have not been successful in eradicating the insects. Ms. Visconti stated she does not know and reminded the Board that she did in fact receive a letter from Mr. Bernard that there were bed bugs and he would order the extermination. Mr. Bernard stated there were insects present but he had no verification the insects were bed bugs, however because there were insects present, he ordered the extermination. Mr. Curry stated on March 30, 2016 an order was issued for an extermination and asked if any additional exterminations have been performed, since that date. Dr. McNamara answered it’s been done twice prior to that date and there is no evidence found of any bed bugs in any of the units from the latest inspections and he feels that the issue has been dealt with. Mr. Murray asked if anyone has confirmed these insects are bed bugs. Mr. Bernard stated he could not confirm they were. Ms. Visconti is asking for her apartment to be exterminated again, for a third time. Mr. Curry stated it’s up to the Board Members to determine whether there is enough evidence to overturn Mr. Bernard’s inspection or to sustain it. The tenant has the option to ask for another inspection and/or to file in Housing Court. Mr. Curry explained the Board has the right to make a decision or table it but the decision has to be in an open meeting. Ms. Knipe made a motion that the inspector’s did not fail in their assessment following two exterminations. Ms. Visconti then left the meeting. Ian Murray seconded the motion. All were in favor. Public Hearing began at 6:10 PM. Public Hearing regarding Draft Amendments to the Regulations of the Fitchburg Board of Health Restricting the Sale of Tobacco Flavor Products: Ian Murray stated this is a public hearing to discuss amendments including but not limited to: redefining tobacco products, flavor sale restrictions, a 500 foot restriction of tobacco sales near a school, capping and other minor working changes. Copies of the proposal have been delivered to each tobacco permit holder, and made available at the Fitchburg Board of Health Office and are available tonight. The Director wants to state on record that we received one letter of opposition regarding the Tobacco Flavor Products and twelve letters of support for the Fitchburg Board of Health Tobacco Regulations. All letters were presented at the meeting for review. Letters of Opposition to Ban Tobacco Flavor: Duffy Law Office, PLC, - Stephen Duffy for the National Association of Tobacco Outlets, Inc. Letters of Support to the Board of Health Tobacco Regulations: LUK, Inc., - Richard A. Hooks Wayman Dominic Silverio – The 84 Movement Yashira Marquez – The 84 Movement Arianna Green – The 84 Movement Liliana Encarnacion – The 84 Movement Davielisse Santiago – The 84 Movement Mya Gonzalez – The 84 Movement Elizia Ashmore – The 84 Movement Nadjalee Santos – The 84 Movement Jewel Johnson – The 84 Movement Natalie Arias – The 84 Movement Tricia Pistone – MOC Joint Coalition on Health, 356B Broad St., Fitchburg, MA Ms. Pistone is here to support the Tobacco Flavor ban restrictions. Ms. Pistone stated on August 2015 the Joint Coalition On Health (JCOH) conducted a comprehensive regional health needs assessment to gather information on health status concerns and assets to the community. According to that data the percentage of young adults between the ages of 18-24 years of age who live in Fitchburg and currently smoke and smoke regularly, is higher than the state average 26.2 percent versus 22.6 percent. According to the campaign from Tobacco Free Kids research, state and national levels show that flavored products no matter what tobacco product appeal to youth and young adults. On behalf of the JCOH & MOC they support the Board of Health Proposal for Restrictions on Tobacco Flavor Products and commend the Fitchburg BOH for their proactive stand to protect our youth. They also are in support of the 500 foot restriction of tobacco sales near schools. Tina Grosowsky – UMASS Medical School, Central Mass Tobacco Free Community Partnership, Worcester, MA Ms. Grosowsky stated they work to reduce smoking and second hand smoke in Central Mass by supporting community work on changing policy and providing community education awareness in the tobacco industry and how to target youth to fight nicotine addiction. Ms. Grosowsky is here to support Fitchburg’s proactive stand on Tobacco Regulations in Fitchburg and support the board’s new proposed regulations and is hopeful that Fitchburg will be the first city in Central Mass Northern Region to enact the first Flavor Restriction and provide leadership to other communities in Central Mass. The tobacco industry targets youth to start a nicotine addiction with the flavor products including flavor cigars and electronic cigarettes. This restriction of the flavor products to adult only establishments would help further to reduce youth from starting a nicotine addiction. The goal for the future would be to have a tobacco free generation and a generation of youth that don’t start nicotine use at all and the way to do this is through policy changes like these. Asaf Khalil – Ultramart, 193 Central St, Leominster MA Mr. Khalil stated as a small business owner he feels restricting anything isn’t always the solution to any issue such as this proposed restriction of tobacco flavor. He suggests taking appropriate measures in controlling the situation such as increasing permit fees. Restrictions like these will only hurt small business owners. As a business owner in the City of Leominster we offer complete cooperation and request not to restrict the sale in the City of Fitchburg but to create a check and balance that will help in the long run and business owners and communities can help each other. Mr. Patel – JD’S Variety, 259 Franklin Road, Fitchburg, MA Mr. Patel stated the restrictions will not help small business owners and does not seem realistic. Amit Patel – Twin City, 59 Whalon St, Fitchburg, MA Mr. Patel stated referring back to the increase in cigar pricing he saw less young adults coming into his store to buy the single cigars. He would like to see data showing that the flavor tobacco is affecting younger adults in Fitchburg and has seen no evidence proving this is affecting younger kids. Darrin Plante – 115 Lunenburg St, Fitchburg MA Mr. Plante stated the loss of income for business owners here in Fitchburg would be difficult to overcome. Mr. Plante is asking to postpone this restriction of flavor tobacco until there is more information on a successful banning of the products and provide information to see how it will impact small businesses in Fitchburg. Joan Hamlett stated if anyone is not comfortable speaking, the Board of Health is accepting written comments until May 31st. William Sheldon – Rebel Smoke, 16 John Fitch Highway, Fitchburg, MA Mr. Sheldon stated he would like to know what mechanism the Board of Health has to enforce this regulation. He feels the BOH has not provided the appropriate information and feels it deprives business owners of their constitutional rights. What data has the BOH provided that has brought you to this conclusion of restricting the flavor tobacco? There has to be data that supports this restriction, such as how it will work, why it will work and the financial impact it will have on business owners. Dustin Krock – Madvape, 560 John Fitch Highway, Fitchburg MA Mr. Krock stated he doesn’t believe that selling a flavor tobacco is targeting kids. The law states you have to be eighteen years old to buy tobacco, isn’t that enough? Mr. Krock said he doesn’t know if this will affect him because he only sells electronic cigarettes and juice, but if he is labeled as tobacco and can’t sell flavor, if this regulation passes it will put him out of business. If the younger adults want to buy it and can’t get it from the local establishments they will find it somewhere else. Mr. Patel – 288 South St, Fitchburg, MA 01420 Mr. Patel stated we are not trying to target kids under eighteen years old. He suggested increasing the fines to selling to a minor. He also suggested the Board of Health hiring more agents to visit the local establishments on a regular basis. Darren Plante – 115 Lunenburg St, Fitchburg, MA Mr. Plante brought up the compliance issue, he stated he complies with all the rules, however if a customer comes in and doesn’t want to pay the price for example a cigar, they will go down the street to the store that doesn’t comply with the regulations and will get it cheaper. If there is going to be regulations in place he feels it should be enforced. Mr. Plante also stated if there are studies being done how is it affecting Fitchburg? He believes there should be a specific study in Fitchburg to see what businesses it effects and how it relates to us. Tina Grosowsky – Central Mass Community Partnership, 55 Lake Ave, Worcester, MA Ms. Grosowsky stated businesses have the right to worry about their business and the Board of Health has to worry about public health regulations and these regulations are put in place to protect the youth of our community. The data we use to base our tobacco policies on youth are several state wide and national surveys called the “Youth Risk Behavior Survey” this can be found on the Mass Department of Public Health website that will show the smoking rates for youth in Massachusetts. DJ Wilson – Tobacco Control Director at MA. Municipal Association Mr. Wilson stated anyone seeking data they can find it on the draft regulations Statement of Purpose. Also to clarify the flavor policy in 2009 the United States Government banned the sale of flavored cigarettes nationwide and several years later the City of Providence saw an explosion in other tobacco flavored products. The City of Providence passed a local law with the exception of menthol that would not allow flavored products sold except in qualifying adult only retail tobacco stores. Barry Hurd – Verc Enterprises, 129 Whalon St, Fitchburg, MA Mr. Hurd stated he doesn’t feel this flavor ban makes sense because eventually the age will go from eighteen years old to twenty one years old, if a twenty one year old can by alcohol why can’t they buy flavored tobacco. Joan Hamlett – Fitchburg Tobacco Agent, 25 West St, Leominster, MA Ms. Hamlett stated after visiting several stores, store owners have said because Massachusetts has been very progressive with cigar pricing, distributors now offer packaging without two for a dollar, seventy nine cents on it, several retailers say if we are finding that pricing somewhere more than likely it’s not coming from a legitimate distributor. Ms. Hamlet stated they have mailed regulations to Rebel Smoke in Fitchburg, also they hand delivered to every store and required a signature from a manager or owner that they received a copy of the hearing notice and a copy of the draft regulations to all the retailers in Fitchburg so they could prepare their comments or questions at the hearing. This regulation has been talked about on public agendas for a couple of months. Ms. Hamlet also stated she does have a signature from every store owner with the exception of Rebel Smoke that was emailed. Mr. Hamlet stated according to the state database from May 1, 2014 until May 4, 2016 in Fitchburg there has been; 28 electronic cigarette permit violations; 23 sales to minors of flavor products; 51 cigar violations. This is an excessive amount in a twenty four month tolling period of the current regulation. Also from January 1, 2000 until January 1, 2014 Fitchburg’s violations combined did not come anywhere near 102 violations. The regulations prior to 2014 were cigarette based, there was no compliance checks on cigars, wraps, & flavors. If retailers were doing what they were supposed to be doing, we would not be looking at this regulation right now. Asaph Khalil - 193 Central St, Leominster, MA Mr. Khalil stated as a business owner we care about the community and there needs to be a resolution not a restriction. Darren Plante – 115 Lunenburg St, Fitchburg, MA Mr. Plante would like to ask the Board if they would consider postponing this until after the 21 law takes effect and revisit this ban at that time. Tina Grosowsky – UMASS Medical School, Central Mass Tobacco Free Community Partnership, Worcester, MA Ms. Grosowsky would like to request the board not wait on this regulation and move forward on this important regulation to implement these policies. William Sheldon – Rebel Smoke, 16 John Fitch Highway, Fitchburg, MA Mr. Sheldon stated if the board decides to move forward, he strongly suggests to inquire the Massachusetts General Law in regards to open meeting and small business impact before you make any decision. He will not let this go any further than this. Mr. Murray stated any further comments can be sent in to the Board of Health until May 31, 2016. Mr. Murray made a motion to adjourn. Motion was second my Sandra Knipe. Meeting adjourned at 7:25 PM.