Board of Health

FITCHBURG CITY CLERK Oct 11 2024 4:03 pm Office of the Board of Health City Hall 718 Main Street Fitchburg, Massachusetts 01420 978-829-1870 This was a regular meeting of the Board of Health held in the Legislative Building at 700 Main Street and recorded by FATV Studios, Thursday, September 12, 2024. The meeting was called to order by Dr. Bogdasarian. Present: Stephen Curry, Director, Dr. John Bogdasarian, Chair, Ian Murray, BOH Member, Diane Tousignant, BOH Member, Karen Membrino, Clerk Stenographer. Public Forum: Mr. Kim Goodwin stated this item was on the City Council agenda last week there was supposed to be a report by the Board of Health that was not given. No one from the Board of Health was present at that meeting Mr. Goodwin said they are disappointed that did not happen because it appears to be just another delay of getting this resolved. He would like the report sent to him with the update from Greif. Mr. Goodwin also commented that last evening the smell woke them from a sound sleep and its constant now and not getting any better so we're disappointed with the reaction and the fact that it's taking so long to even make some progress. Dr. Bogdasarian apologized for not being appearing at the City Council meeting and wasn’t aware that they were being asked to and will look into the miscommunication. Mr. Curry stated it’s on the agenda for Tuesday, September 17. Mr. Goodwin asked for the exact numbers and dates on See Click Fix. Mr. Curry stated there are 113 and will provide Mr. Goodwin the information. Mr. Curry stated he did an investigation this afternoon about 2:00. There were 5 or 6 complaints today and two or three last evening about odors. There were no odors present at the condos where Mr. Goodwin resides and Mr. Curry did not notice any odors in the Ward St. area this afternoon, however there was a cardboard/sewer odor at the entrance of the Greif Mill on the Fitchburg side and also noticed a very similar and stronger odor up by the Mill. Mr. Curry did not notice any odors of any kind by the Batch tanks, one of them does appear empty as it has a hole in the side of it and that is part of the improvement process. Mr. Curry stated he received a report from the third party this morning that they received a complaint at 7:59 AM from the Ward St area, it was investigated at 10:45am. There was a two out of five rated mill odor this morning. A complaint from Park Hill area, no odor detected from the third party, a complaint from Beech Street, no odor detected, a complaint from 85 Westminster St. and the rating was a one out of the five from the third party on that issue. Mr. Curry clarified the third party is an Engineering firm that comes out to investigate the odors. This firm is connected to our complaint system See Click Fix. The complaint goes directly to the Health Department as well as the third party so the third party can immediately respond to the complaint. Hearing Requests: (Continued from August 8, 2024 for review/update) 1. Greif Paper – 100 Newark Way – Odor Complaints; Joe Michaud-Vice President Manufacturing, Mill Group Mr. Curry stated Joe Michaud from Greif couldn’t be here today but has an update from him. As of September 3rd we remain on track for commissioning the project in mid- October 2024 with an expectation that we will start the SBR’s (Sequencing Batch Reactors), which are the two large tanks on site. The first tank has been completely emptied and found there were considerable amounts of solids in the tank which could contribute to odors. Vac trucks have been working on cleaning out those solids and that operation is complete. Major accomplishments to date: • SBR (Sequence Batch Reactors) unit was completed and online August 1st but operated as a Biologically Activated Aerated Treatment system until we have the programmable logic controller built in program for operation as an SBR as an operation tank. • SBR unit had considerable solids in the bottom and the cleaning of that tank is nearing completion in the first couple of weeks into September. • We will remove the components that must be replaced in September and commission this unit for service later this month. We do not anticipate any issues with the mechanical portion of this project and all components are on site and ready for installation. • They expect to start to fill this unit and establish the healthy biomass needed for treatment at the end of September and then install the floating and mixing components in early October. • The control portion of this project is underway and expect to have the system ready for commissioning by mid to late September. This has been a struggle with the original vendor reporting that they were unable to meet the original date promised so they moved programming to another outfit that has been able to dedicate the labor to the project and they expect to remain on track for mid- October.  Dr. Bogdasarian asked for patience until this process gets completed toward the end of the month and is hopeful this is the remedy, if not then we'll have to look into other potential causes. However believes this is the quickest way that this could be accomplished. Mr. Curry recommended an order issued by the Health Department may help if we were to have to pursue this legally. It appears the Board is not doing anything because no orders have been issued. The City Council is interpreting that there really is no future to this and it's just ongoing. Ms. Tousignant asked if Greif can scale back production back until it's taken care of. Dr. Bogdasarian stated he doesn’t know how they could scale back and what that entails or economically what that means for the whole region laying off workers. Mr. Murray stated he feels Greif is taking this seriously and they would not have done this rebuild of the tanks. We have negotiated with them in good faith that October would be the deadline for this and we've made that the deadline and it seems they're on the finish line to get to that deadline. Jason Lizotte, Resident in West Fitchburg stated why wait until the end of October to write an order, why not get it documented and get the process going. If it doesn't resolve you're one step further to the violations of the MGL's (Massachusetts General Laws) and feels there should be an order written by the Board. Dr. Bogdasarian made a motion the Board of Health create an order to Greif demanding a remedy to this odor problem as of October 10th, 2024. Motion was 2nd by Ms. Tousignant. All were in favor, motion carried. Michael and Mary Ann O’Farrell, 62 Old Deerfield Road – Postponed Matthew Thibeault, 177 Etonian Park – to request a variance or variances of the City of Fitchburg Board of Health Regulations regarding Private Wells; Mr. Thibeault stated he is currently building his house at 177 Etonian Parkway, he drilled the well and went down about 1205’ yielding 1 gallon a minute. A special permit was granted for a low yielding well, that was approved 1 ½ years ago. He went to set the pump in August and discovered the drilled well collapsed, he then discovered there was an existing Well House approximately 14’ x 14’ on the property that use to feed a couple of the houses, but it's falling down. It’s approximately 200 feet from the septic from the leach field and 100 feet from the neighbor’s property which their septic is another 150-200 feet from there. It's about 20’ feet deep about a 10 foot diameter, there's approximately 8’ feet of water in the well since the beginning of August. Pumped out approximately 1,200 gallons which then fully recovered within 1 week. Mr. Thibeault stated Skillings & Sons performed a Water Quality Test and can provide the results. The pH levels are high so they will install a system to address the pH level as well as put a filter on there to keep the dirt and the sediment out. Also install a UV system as a precaution to avoid bacteria in the water. Mr. Thibeault stated he is here to ask the Board to grant permission to use that well to provide water for the house. This is a two-bedroom house. Another option would be to try drill another well, spend maybe another $25,000 with no guarantee. He would like to attempt to use that to water the house. Mr. Curry suggested annual testing or more than annual to be sure that no one is drinking contaminated water on a regular basis. The UV system will more than likely work however the purpose of the Well Regulations is why we adopted regulations to avoid this happening. Dr. Bogdasarian made a motion that we allow use of the backup well with the requirement that the water is tested in six months to assure its safety and then one year after that. If on that second test the water passes, we wouldn’t ask for any additional testing. Motion was 2nd by Ms. Tousignant, all were in favor, motion carried. Petition Requests: 1. Jacquelyn Wehtje – requesting the Board of Health repeal all local Tobacco regulations, leaving only the state regulations in place. Ms. Wehtje stated she is a Fitchburg resident. She stated that the local tobacco regulations are a burden on small businesses and harm our commercial tax base. In many cases they duplicate state regulations and increase fines and suspensions beyond what is reasonable. All have struggled with these cases seeking to lower penalties and numerous instances. Penalties that do not take into account individual circumstances. The Tobacco Agent herself at a recent hearing, recommended a case be continued without a finding. These are all signs that your regulations are too strict. One meeting the BOH heard three cases all involving individuals quoting that they were notified of regulations via written material left with a clerk that may or may not have reached them. This material is in English which is not the first language of these businesses. In many cases businesses are victims of entrapment as minors who are 19 and 20 year old adults that are old enough to join our armed forces and die for our country, are sent to try to lure the business into selling tobacco to them. Our proximity to New Hampshire where regulations are looser already makes it hard for these businesses. The list of forbidden products constantly shifts and manufacturers do not provide up-to-date information. In many cases the items are openly displayed because the retailer is unaware they are illegal and the regulations are based on faulty assumptions. An example is the local ban on blunt wraps. People don't smoke marijuana to get a fruity taste which they could get from a piece of candy, they smoke to relax and forget their problems for a while. Prohibitions don't work. As we speak, there is someone in Fitchburg selling Newport, probably out of the trunk of their car or their house. Smoking is prevented on the demand side and you are now addressing demand with the Mass Call 3 Coordinator, which is great. It's time to repeal the local tobacco rules and Ms. Wehtje is thrilled that so many small business owners are here to tell you their first hand experiences with these regulations. Public Comment: Mr. Jamini stated his concerns and supports repealing the local tobacco regulations. Attorney Yael Magen joined the meeting via zoom and stated she is representing business owners who are present today. One of the laws that just got enacted is 105 CMR 665. This law came into effect on August 30th and it prohibits the sale of any type of flavor tobacco which has already been enacted in Massachusetts. Up until August 30th, a business owner now has to get a letter from a manufacturer saying that the products they are selling are legal or meets FDA protocol and certification. An Inspector has the right to check the product and if they thought the product was neither legal or had a flavor, they could restrict that product. This shifted the burden of proof from the towns or an alliance to the business owners and now every single business owner has to go to the manufacturer and get a letter that states every single product they are selling from the manufacturer is not flavor. This is something that is specific to Massachusetts. These letters are not easy to get from the manufacturer and went into effect on August 30th. The fines of not having these letters include $1000 per business for the first offense and $2000.00 for the second offense. The Board of Health is part of the Board of Health Alliance on tobacco which is directed by the Leominster Alliance Tobacco Board enacted in 2018 and includes now 47 towns signed into that alliance for three years. Due to COVID, in 2021 all of these towns automatically were extended for another three years. What happens with this Alliance is one person has jurisdiction on the 47 towns and is sometimes much stricter than the state of Massachusetts allows. They have the right to go into what is called a smell and sniff test to determine whether each product is flavored or not flavored, even if they've received the letter from the manufacturer. The 47 cities and towns that are inside this alliance are held to a stricter jurisdiction than other towns and they're losing businesses. Instead of going to buy products in Fitchburg, they're going to buy products in other places. We are requesting the Board of Health to review this Alliance and know what the jurisdiction is. Do they have the right for enforcement, and education, and what is the relationship with this Alliance and how much does it cost the town to be part of the Alliance and whether being part of the Alliance really benefits the town, residents and the business owners. Business owners are losing money but also the town is going to be losing taxes and customers etc. Attorney Magen also said there are two issues, which is both the stricter laws in Fitchburg that are putting a burden on the business owners, and the new law coming into effect with the citations. They are asking you, the BOH to either put that on pause or not allow the Alliance to give citations to the business owners at least for a time period of three to six months in order to allow the business owners to prepare for this new law. The hearing for this new law was on August 26th and business owners only got four days to get thousands of letters from these manufacturers. Mr. Patel, business owner in Fitchburg stated the state tobacco regulations are strict enough and gives them a hardship in the business and considers this unfair business practice in city. Mr. Amit, business owner and investor in Fitchburg stated he is in favor of repealing all the local tobacco rules and regulations. Mr. Patel, business owner in Fitchburg stated there is a lot of confusion with many products that can be sold in Massachusetts but not in Fitchburg. Mr. Patel’s concern to the Board is he doesn’t know how the regulations are being observed. Mr. Rush Patel, speaking remotely stated he manufactures and markets a line of non- tobacco, non-nicotine smoking accessories. Mr. Patel gave a presentation on his products. Joan Hamlett, Tobacco Control Alliance Agent via remote stated tonight’s agenda was on the local regulation and 90% of what was discussed in this meeting is in fact a federal law requirement or a state law requirement. Ms. Hamlett asked the Board to move this agenda item to the next meeting where she can do a presentation to clear up many of the inaccuracies that were presented tonight. Ms. Hamlett stated the one thing to clear up tonight is Tobacco Control Alliance’s educational material packets are distributed annually every year since 1994 and have addressed language equities. The packets were hand delivered to the stores at the end of July and first week of August, each store signs that they received it and we don't know exactly when it got in the owner's hands but this was an in store hand delivery with Ms. Hamlett’s phone number on it to call if there was any questions or concerns. Ms. Hamlett stated for the record that on the cover page there was a paragraph that said, here is the education packet for the FY25 year if you have any language equity issues or need this to be provided for yourself or any employees please contact us. We put that paragraph in seven languages and not one retailer from Fitchburg has ever called us and asked for it in any other language since the start of our program. One of the issues regarding the local regulation for Fitchburg is the state law that has been implemented. This law mandates that a Board of Health enforces the state law. The local regulation is outdated but the state law is stricter in almost every aspect than the local regulation. The Board of Health and Tobacco Control Alliance as your agents, have been enforcing the state law. The only components in the local regulation that are stricter than the state law is the local blunt wrap ban which has been in effect for over 13 years. Ms. Hamlett continued discussing different products that cause confusion with local business owners. Mr. Lincoln Patel, business owner stated he received the letter stating they can only sell FDA approved product after August 30th. He said at the supermarkets there are thousands of SKU’s that are not FDA approved and they are still able to sell the products. The Supreme Court agreed on July 2nd, 2024 considering whether the FDA acted unlawfully in refusing the approval on vape. A lengthy discussion ensued the members of the Board of Health asked numerous questions to Ms. Hamlett. Ms. Wehtje stated she doesn’t know if the BOH would be voting on the petition today because the Tobacco Control Agent did want this continued to another meeting. Ms. Wehtje suggested the BOH consider withdrawing from the Tobacco Control Alliance. Mr. Murray stated he would not make a motion. Ms. Wehtje stated the percentage of tax revenue that’s paid by businesses has gone down, the percentage of tax revenue that’s falling on residents keeps increasing even after going to a single tax rate is still increasing and feels the city should appreciate small businesses and have people enforcing the laws who are more business friendly. Mr. Murray made a motion to table the vote to a future meeting with Joan Hamlett present. Motion was 2nd by Ms. Tousignant. All were in favor, motion carried. Meeting Minutes: Mr. Murray recused himself from the vote. Ms. Tousignant was not able to review the minutes from August 8, 2024. Minutes tabled until the October meeting. Announcements: Thursday, September 19, 2024, Recovery Month Outreach celebration held at River Front Park from 10:00am – 2:00pm. Speakers, lunch and games along with many recovery support resources. Thursday, October 17, 2024, Health Resource Fair being held at the Fitchburg Senior Center, 14 Wallace Ave from 4:00-7:00pm. There will be many resources in attendance including Housing, Shelter Assistance, Elder Services, Veteran Support, Medical Care, Mental Health Services, Healthy Eating, Employment Assistance as well as city departments and state agencies. A walk-in COVID and flu clinic will be available. Mr. Murray made a motion to adjourn. Motion was 2nd by Ms. Tousignant. Meeting adjourned at 6:35pm.