Board of Health

Office of the Board of Health City Hall 166 Boulder Drive – Suite 108 Fitchburg, Massachusetts 01420 978-829-1870 An organizational meeting was held on November 1, 2018 at 5:00 pm. Present: Stephen Curry, Director; Sandra Knipe, R.N.B.S.N.; Dr. John Bogdasarian, M.D.; Ian Murray, Chairman; Stephanie Holinko, Food & Milk Inspector; Walter Kirby, Partner’s Pub; John Dombrowski, Attorney (Representing Partner’s Pub); Johnathan Dickhaut, Jim Dickhaut, Attorney Vincent Pusateri; Joan Hamlett, Tobacco Control Alliance; DJ Wilson, Mass Municipal Assoc.; Mr. Patel, Citgo Gas Station; Chris Morrison, (Representing Mr. Patel); Rose Guitare, MOC Health Educator; Jessica Savoie, Nursing Student; Sebastian Rodriguez, Sizer School Student; Delise Rodriguez, Monty Tech Student; Nazially Rodriguez; Angelica Santiago, Peer Educator at MOC, Tina Grosowsky, UMASS Medical School. Approve Meeting Minutes: Sandra Knipe made a motion to approve the October 4, 2018 meeting minutes. Motion was 2nd by Dr. Bogdasarian. All were in favor. Motion carries. Continued Hearing Review of Violations: Partner’s Pub – Walter Kirby Attorney Dombrowski stated Mr. Kirby has made several improvements and currently is in negotiations and discussions for a potential sale and is asking for a continuation of this hearing in order to allow for that transaction to be consummated while continuing making progress and addressing the list of violations. Mr. Curry asked how much time they would need. Atty. Dombrowski stated the end of the year. Mr. Curry asked Ms. Holinko for the critical list of violations that need to be addressed. Ms. Holinko stated standard operating procedures need to be established, cleaning, sanitation and disinfecting procedures and how to set up the three compartment sink as well as the ServSafe Certification for Mr. Kirby be up to date. Dr. Bogdasarian asked Mr. Dickhaut if they were to make the purchase and all the violations were not corrected by the first of the year would they move forward with the purchase, and are they prepared to make the changes the Health department requires. Mr. Dickhaut stated he has spoken with Mr. Curry and would work with the Health department to make the required changes to be compliant. Mr. Curry stated the critical violations need to be addressed and corrected if the Board is willing to grant more time. Mr. Curry proposed to the Board to restrict food being served until all the employees can demonstrate knowledge of sanitizing equipment, submit a written cleaning schedule before and after bar closing, as well as employees being ServSafe Certified as soon as possible. While lengthy discussion and reviewing the members of the Board of Health asked numerous questions to Mr. Kirby and Atty. Dombrowski. Dr. Bogdasarian made a motion to allow two weeks for Partner’s Pub to address the critical compliance issues discussed which are the cleaning, sanitation and training of the staff. Ms. Holinko would return to the establishment to ensure compliance has been reached in two weeks from November 1, 2018. Ms. Knipe added to the motion that Mr. Kirby develop a checklist for the staff to address on a daily basis. Motion was 2nd by Ms. Knipe. All were in favor, motion carries. Hearing - Tobacco Sales Regulation Violation – Citgo Gas Station, Nick Patel, Manager: Ms. Hamlett stated at the October meeting it was decided to bring Mr. Patel to this meeting to explain to the Board what happened. This is listed as a hearing for the violation but there was no violation issued to Fitchburg Citgo because this situation has not happened before and after speaking with Mr. Patel he was cooperative and he didn’t realize the event was a violation of the regulation. This event was held by the distributor that a customer could buy one pack of cigarettes and get one pack of Newport cigarettes free. Mr. Patel stated he was told by the distributor if a customer bought a pack of cigarettes the distributor would swipe his credit card and pay for the 2nd pack therefore the customer would get one pack for free. Mr. Patel stated he asked if this was legal and was told it was. Ms. Hamlett stated the DOR does not allow anywhere in Massachusetts for any product to be distributed in any way that would bring the product down to below minimum. Mr. Wilson stated Mr. Patel’s store sold the cigarettes at the retail price, therefore Fitchburg’s regulation does not apply to this violation; 1. Free Distribution and Coupon Redemption: No Person shall: 3 Sell a tobacco product, as defined herein, to consumers through any multi-pack discounts (e.g., “buy-two-get-one-free”) or otherwise provide or distribute to consumers any tobacco product, as defined herein, without charge for less than the listed or no- discounted price in exchange for the purchase of any other tobacco product. Tobacco and Nicotine Delivery Products Sales and Regulations – Tobacco Control Alliance: Ms. Hamlett stated there was an open written comment period and every retailer was given a public notice explaining the gap years. Massachusetts has passed a law that raised the age to purchase tobacco to 21, however they have grandfathered any person who has turned 18 by 12/31/2018. Which means, anyone who turns 18 by this date can legally still purchase tobacco products. Anyone who turns 18, on and after January 1, 2019 cannot legally purchase tobacco. No retailer has opposed it. Many Boards of Health in the area are reviewing the issues that the gap years present and has an option to raise the age to 21 effective Dec 30, 2018. Mr. Wilson stated 190 cities and towns who have it in place already. Sebastian Rodriguez, (student) stated the Massachusetts law age limit to purchase tobacco to 21 would not officially be raised for 4 years therefore they don’t want to delay the process in the tobacco industry as well as vaping issues target youth in the schools. Delise Rodriguez stated the Tobacco industry targets youth in three different ways; 1. The sweet tactic, there are several different flavors which in are attractive to the youth which most adults typically wouldn’t want. 2. The cheap tactic is they make their products cheap to allow the youth to purchase. 3. Advertising tactic is they advertise in many stores at the front counters. Rose Guitare, Educator stated the brain doesn’t fully develop until a person reaches their mid- 20’s, therefore if a person is 18 they still have a long way to go until there brain is fully developed. By raising the age to 21 a person is more likely to make a better decision not to get the product or to give out the product. Tina Grosowsky, UMass Medical School stated she supports regulation of raising the tobacco age to 21. The following are letters of support submitted to the Board of Health; Tina Grosowsky, Project Coordinator, UMass Medical School Tara Rivera, Fitchburg Resident Susan Bucholz, Joint Coalition on Health Cheryl Coburn, CTC Fitchburg Ms. Hamlett stated for the record the surrounding communities that held hearings and meetings that there is no opposition in any of the cities and towns. Dr. Bogdasarian made a motion to adopt the effective age for purchasing cigarettes to 21 as well as all purchases effective December 30, 2018. Motion was 2nd by Sandra Knipe. All were in favor, motion carries. Sandra Knipe made a motion to adjourn. Motion was 2nd by Ian Murray. All were in favor, meeting adjourned at 7:50PM