Board of Health

CITY OF MALDEN Health Department / Board of Health 215 Pleasant St., 3rd Flr Malden, MA 02148 781-397-7000 ext. 2049 (P) Christopher Webb, Director Malden Board of Health Meeting July 19, 2021, 6:00PM 215 Pleasant St, Room 108 MINUTES Members in attendance: Dr. Kunwar Singh, Chairman, Cherie, Magny-Normilus (first meeting), Mrs. Scune Carrington (first meeting) Christopher Webb, Clerk 1. Appeal to Housing Code – extension of time to correct – 79 Summit St. Attorney explained the family dynamic between the owner and her daughter, who is the complainant, and that there has been some progress between the parties to correct the issues and possibly sell the home. They have has two contractor out to give estimates. Motion by Mrs. Carrington to have a follow up on progress at the next Board meeting ( August 18, 2021), Seconded by Mrs. Magny -Normilus, with three votes in the affirmative. 2. Appeal to nuisance violation 500 Broadway. Attorney Nachev that they are negotiating the move of the tenant to another unit. This could be completed this week.. Motion by Mrs. Carrington to hold a decision in abeyance for 30 days to let the negotiations go forward., Seconded by Mrs. Magny -Normilus, with three votes in the affirmative. 3. Appeal of $1000 fine for Sales of Nicotine Products to a Minor – M&M Liquors. Mr. McQueen, Owner of M&M liquors appeared and stated that he is third generation store owner and has always tried to stay in compliance with regulations and laws applicable to his business and that he trains his staff extensively. Mr. McQueen waited on the youth used for the inspection. He stated he didn’t card her because she was tall, she was wearing a medical mask, and she looked old enough. He also stated that it can get so busy that there isn’t a way to card everyone that enters the store. He also reminded the Board that he was the only retailer that came to speak in favor of the flavored nicotine ban because he doesn’t want underage people in his store. He stated a mistake was made and that the mask the youth was wearing threw him off. Maureen Buzby, Tobacco Control Co-Ordinator, explained to the Board that a recently passed state law “Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems, 105 CMR 665.010 (A), Sale of Tobacco Products and Electronic Nicotine Delivery Systems require that all persons buying tobacco or electronic nicotine must have their age verified at the time of the sale by means of a government issued identification and that the fines  for violating sales to minors over a 36 month period is First offense $1000, Second Offense $2000 with a permit suspension of 1 to 7 days, Third Offense $5000 with a permit suspension of at least 7 days but not to exceed 30 days. Dr. Singh asked Mr. Webb if the issue before the Board was the fine or if proper procedure was followed for the sale. Mr. Webb informed Dr. Singh that it is the process used that is before the Board. Maureen Buzby informed him that the fine will have to be appealed at District Court. Motion by Mrs. Magny-Normilus the process used during the inspection is in compliance with approved policies and practices for the sales to minors. Seconded by Mrs. Carrington, with three votes in the affirmative. Mr. McQueen was informed that to appeal the fine he would have to file an appeal at District Court. Mr. Webb will forward information on that process to Mr. McQueen. 4. Appeal of $1000 fine for Sales of Nicotine Products to a Minor – Sunnyhurst Farms – Maureen Buzby informed the Board that the youth used in this inspection is the same youth and same inspection process used in the previous appeal at M&M Liquors. And that they were able to purchase cigarettes without being checked for age. The Board was informed the store had no other past violations. Mr. Saeed the owner of Sunnyhurst Farms explained that a staff person was training a new cashier and had to step away fore one minute and that this was when the sales to a minor occurred. He also stated that they have had no violations and that they try very hard to stay in compliance at all times. Motion by Mrs. Magny – Normilus. the process used during the inspection is in compliance with approved policies and practices for the sales to minors. Seconded by Mrs. Carrington, with three votes in the affirmative. Mr. Saeed was informed that to appeal the fine he would have to file an appeal at District Court. Mr. Webb will forward information on that process to Mr. Saeed. 5. Review all violations of Sales to Minors with Maureen Buzby. Mrs. Buzby informed the Board that she and the youth buyer used the same policies and procedures that they have always used as far as the sales to minors. She also went on to detail all of the new regulations and requirements. See attached summary. 6. Agent Appointment – Wayne Martineau, Inspector – Chapter I &II of the Sanitary Code Min. Standards for Human Habitation. Motion by Mrs. Carrington to appoint Wayne Martineau an Agent of the Board for lead determinations under Chapter II of the State Sanitary Code. 7. Review clinic vaccine purchase – Maria Tamagna, Public Health Nurse. Dr Singh wanted to make a statement for the record. He thanked Mrs. Tamagna for her service during the COVID clinics. Mrs. Tamagna explained the current issues with the MIIS system due to the breakdown of our refrigeration unit. She also explained the functions of the well child clinic and the Tb Clinics. 8. Meet the new Human Services Co-Ordinator – Mr. Finn was introduced and went on to describe some programs that will be developed like organized tenant advocacy groups, suicide prevention, domestic violence prevention, homelessness, food insecurity, mental health outreach and referral programs and community days to celebrate the diversity of the community.  9. Discuss the still open position of Outreach Co-Ordinator. Mr. Webb explained that we had hired an excellent candidate for this position but on her first days she let us know that her personal life had changes and that she would not be able to take the position. The job has been reposted and we are confident we will have another excellent candidate. 10. Discuss next steps in COVID vaccination program. Mr. Webb detailed the need to expand outreach to LatinX and African American communities as well as children 12 and older. These communities have been the most challenging and will be the focus of vaccination efforts for the Summer/ Fall. 11. Old/New Business – None Motion to adjourn by Mrs. Carrington, Seconded by Mrs, Magny- Normilus, with three votes in the affirmative. Meeting adjourned at 8:33 PM. Christopher Webb Clerk