Board of Health

BOH MEETING MINUTES 04-04-2022 Council Committee Room, 140 Main Street Jim Griffin, Chair Joseph Tennyson, MD, Vice-Chair Also in attendance: Director John Garside and Clerk Tina Nolin The meeting was called to order at 6:30 pm. Reading and Approval of Minutes • Minutes for the March 7, 2022 meeting: Vice-Chair Tennyson motioned to approve and place the minutes on file with one correction; Rnaught should be Rt in the first paragraph on page two. Chairman Griffin seconded the motion; the motion passed with a 2-0 vote. New Business • Public Hearing Regarding Cease & Desist Order And Tobacco Permit Suspension at AAA Smoke & Vape Shop - 3rd violation in a 36 Month Time Period. The following individuals were also in attendance for this hearing: Ashraf Youssef, owner of AAA Vape, 530 Boston Post Road East Olivia Dufour, Program Manager for the Metrowest Tobacco Control District Sergeant James O’Malley from the Marlborough Police Department. Chairman Griffin opened the public hearing and asked Ms. Dufour to provide a chronological history of their non-compliance. AAA Smoke & Vape Enforcement Timeline - MetroWest Tobacco Control District February 3, 2021 Initial routine inspection found flavored products (non-nicotine herbal vapes), missing signs, and no DOR permits posted. Given a warning as this was the first visit by MWTC District. February 11, 2021 A follow-up to Feb 3rd visit. No violations at this time. September 16, 2021 A routine inspection by the DOR seized 400 untaxed electronic nicotine delivery systems, resulting in a 30-day suspension of the license. Also, the DOR seized untaxed cigarettes and cigar/smoking tobacco products which resulted in warnings w/o suspensions of their DOR permits. September 16, 2021 An agent from the Marlboro Health Department inspected and found an additional package of flavored products not seized by the DOR. As a result, a first violation fine ($1,000) was issued. November 2, 2021 A compliance check by MWTC found no violations.  Board of Health Minutes April 4, 2022, P a g e | 2 November 19, 2021 State notifies MWTC of warnings on AAA’s Cigarette and Cigars/ Smoking Tobacco licenses and a 30-day suspension (November 5 - December 5, 2021) on their electronic nicotine delivery system. December 1, 2021 Tobacco Control Manager stopped at the establishment, witnessed the sale of flavored tobacco products, and found 300 disposable flavored vapes. This resulted in a $2,000 fine issued per Massachusetts General Law and a 7-day permit suspension per the Marlborough Board of Health Tobacco Regulations, which was set in place for December 16, 2021 - December 22, 2021, inclusive. December 15, 2021 Before the suspension started, the Tobacco Control Manager visited AAA Vape to remind them of their responsibilities. The store owner said that they were closing the store for the duration of the suspension, and therefore they were not asked to remove their tobacco products from the shelves. December 17, 2021 Health Agent Nick Corcoran from the Marlborough Health Department went to AAA Smoke & Vape. The door was unlocked, and people were coming in and out of the store. He instructed the owner to close and did not observe a sale of a tobacco product at that time. December 19, 2021 The tobacco control manager stopped by at ~5:30 pm to ensure that the store was closed. When they arrived, the lights were on, but the Open light was shut off. A customer walked out with a tobacco product as the TCM walked in. The owner claimed it was a misunderstanding with one of the employees. The owner closed the store. The Marlborough Health Department was made aware of this incident. The store remained closed for the duration of its suspension, and the $2,000 fine was paid. March 25, 2022 The Marlborough Police Department was sent to investigate suspicious activity in the parking lot of AAA Smoke & Vape. They determined the business has a car parked outside where patrons can walk up & purchase flavored vape products for cash. March 28, 2022 Marlborough Health Director John Garside and Tobacco Control Manager Olivia Dufour jointly issued a cease and desist /correction order for the sale of flavored products. Because this is the 3rd offense within the 36-month tolling period from the first fine. The fine issued is for $5,000, and the tobacco permit suspension will be determined by the Marlborough Board of Health at the public hearing tonight, April 7, 2022.  Board of Health Minutes April 4, 2022, P a g e | 3 Director Garside reviewed the Correction/Cease and Desist Order served to AAA Vape dated 03/28/2022. The Order stated that AAA Vape was offering a flavored tobacco product or tobacco product flavor enhancer for sale. It was the establishment’s third violation within a 36-month period from the first violation. A fine of Five Thousand ($5,000.00) Dollars was assessed, and a permit suspension of at least seven (7) consecutive business days and up to thirty (30) days as required by state law or for a longer-term as promulgated in local regulation. Whereas, per the Marlborough Board of Health Regulations, a permit shall be suspended for thirty (30) consecutive business days upon a third violation within a 36-month period, the Board of Health suspended the Tobacco Retailer’s Permit from April 5, 2022, thru May 4, 2022, inclusive. Also included in the Order was the date and time that the Board of Health would conduct a hearing relative to this matter to determine whether to sustain, revoke or modify the Order. Sergeant O’Malley from the Marlborough Police Department was also present and reviewed the police report from their March 25, 2022, investigation of suspicious activity in the parking lot where AAA Smoke & Vape is located. Chairman Griffin asked if there were any other comments from the public. There were none. He then asked Ashraf Youssef, the owner of AAA Smoke & Vape, if he had any comments to make on the Tobacco Control Manager’s or Sergeant O’Malley’s reports of events or anything else he wished to say. Mr. Youssef apologized, saying he misunderstood what he could and could not do, and he had stopped the sales in question. Chairman Griffin asked if the Board had any further questions or needed any discussion on the suspension as written in the draft Correction/Cease and Desist Order; there were no questions or comments; Chairman Griffin motioned to accept as written the 3/28/22 Correction/Cease and Desist Order, which assessed a $5,000 fine and 30-day permit suspension. Vice-Chairman Tennyson seconded the motion. A roll call vote of the Board was 2-0 in favor of the motion. Director Garside reviewed what needed to happen now at AAA Smoke & Vape. Specifically, all tobacco products would need to be removed from the store for 30 days. Mr. Youseff agreed the store would remain open to sell smoking and vaping paraphernalia but that he would remove all tobacco/vaping products. Director Garside also explained that a health agent would inspect his store tomorrow (3/8/2022) at 10:00 am to ensure that all tobacco/vape products were removed from the store. Additionally, Director Garside stated that as a result of this hearing, another order would be served to Mr. Youssef explaining the actions of the Board that were taken this evening. COVID-19 Update COVID-19 Cases Today, according to Department of Public Health (DPH) data in MAVEN, our communicable disease surveillance system, we have 13 active cases in the city. Cumulative weekly new cases over the past week were 25. Director Garside also reported that DPH had redefined the definition of a COVID-19 death, changing the qualifying time the deceased had COVID-19 before death from 90 days down to  Board of Health Minutes April 4, 2022, P a g e | 4 60 days. This brought our COVID-19 fatalities down from 155 since the pandemic started to 134. Since March 11th we have had no new deaths. Vaccinations: Citywide vaccine rates are 87% of our eligible residents have had at least one dose, 76% are fully vaccinated, and 39% have received a booster. Clinic outreach activities: We continue to do weekly clinics at city hall and pop-up clinics as our schedule allows. Our most recent pop-up clinic was last Friday at Kennedy’s Restaurant, where we administered 20 or so vaccines. We also have a pop-up scheduled tomorrow at Classic Pizza during lunchtime hours. We also have ThaiRiffic scheduled for the 11th. Director’s Update The Director stated that he met with the City Council’s Public Service Subcommittee regarding the Sewer Ordinance. They talked about the proposed amendment to the sewer ordinance, the variance process, and the proposed betterment program. The proposed amendment to the ordinance would require connection to the sewer at the time of property transfer or failure of the system, and would not be required solely because the sewer is currently available on the street. It still needs to be officially passed, but that is the direction it appears to be going. The subcommittee requested more information from the finance director regarding the Betterment Program before making any recommendations. The Director also reported on the new marijuana dispensary opening at 505 Boston Post Road West called KOSA, and that it should be opening within the next month. Subdivision Review The Director presented a subdivision plan off of Steven’s Street known as Colchester Drive for review by the Board. After review and some discussion, Vice-Chair Tennyson motioned to approve the plan upon the City Engineer’s approval. Chairman Griffin seconded the motion. A roll call vote of the Board vote was 2-0 to accept the motion. Scheduling of Next Meeting The Board’s next regular monthly meeting will be on Monday, May 2nd at 6:30 pm. ADJOURN Vice-Chairman Tennyson motioned to adjourn the meeting at 7:07 pm; Chairman Griffin seconded the motion. The motion passed with a 2-0 vote. Respectfully submitted, 6/6/2022 James H. Griffin Dated