Board of Health

CITY OF SALEM BOARD OF HEALTH MEETING MINUTES May 14, 2024 MEMBERS PRESENT: Sara Moore, Chair, Datanis Elias, Jeremy Schiller, Geraldine Yuhas, Paul Kirby MEMBERS EXCUSED: OTHERS PRESENT: David Greenbaum, Health Agent, Councillor John Harvey, James Wellock, Assistant City Solicitor, Rory Will via Zoom TOPIC DISCUSSION/ACTION 1. Call to Order 7:03pm 2. Approval of Minutes P. Kirby motioned to approve the minutes. G. Yuhas 2 nd. (April 9, 2024) All in favor, Motion passed by a vote of 5 to 0. 3. Rory Will, 2 Cabot – Request to Mr. Will informed the Board that he was attending the meeting to appeal be heard relative to the health the letter he received from the Health Department regarding short-term department decision regarding medical stays at his property 2 Cabot Street. His goal is to determine what short-term medical stays at this the guidelines are for them to offer medical stays. They had been advised address. (Vote Anticipated) by several people in town hall as far back as 2019-20 that if they had a contract with a registered non-profit in MA, they could host people for medical stays, and we haven’t received any other guidance on how to comply with the exemption, and that is what we are trying to figure out. S. Moore asked D. Greenbaum for context regarding this matter. D. Greenbaum explained that in 2021 Mr. Will did contact the Planning and Building Departments inquiring about the exemption around short-term medical stays in the ordinance. He was advised, as he stated, that if he had the agreement with the registered non-profit to offer the medical stays he would be complying with the exemption. He was further advised by a representative of the Planning Department that he should provide all documentation about the short-term medical stays and the agreement with the non-profit to the health inspector at the time of inspection for review. He did not provide this information to the inspector at the time of inspection. In the fall of 2023 Mr. Will contacted the Parking Department requesting parking passes for the guests at his short-term rental. At this time, the Parking Department notified D. Greenbaum about this unregistered short-term rental, and Mr. Will was advised that the exemption did not allow for short-term medical stays and traditional short- term rentals, it was either one or the other, but not both. J. Schiller asked if this was a year ago, and D. Greenbaum explained this was in the fall, September, or October. Mr. Will has an attorney that contacted the City Solicitor’s office regarding this matter, there was some discussion about what they could and couldn’t do at this address. They were advised they could do the short-term medical stays, but they could not 1|Page operate a traditional shot-term rental as they do not live at the property. S. Moore asked, with short-term rentals are medical stays the only exemption in the ordinance. Assistant City Solicitor James Wellock informed the Board that there is also an exemption for short-term business stays, or if you are housing your employees. These types of rentals are not considered short-term rentals under the ordinance. S. Moore asked if Mr. Will has been advertising on Airbnb or VRBO, how did this listing come to the attention of the department. D. Greenbaum explained that the units were being advertised on a short- term rental website and that the City had requested the listing be removed for non-compliance with the city ordinance. D. Greenbaum advised the Board the City has reviewed the short-term rental ordinance and has tightened up some of the loopholes around some the exemptions. Regarding this exemption, this can only be applied when offering the unit for the purpose of short-term medical stays. S. Moore asked Mr. Will if he is asking to be exempt because he is only offering his unit for medical stays. Mr. Will stated that they do book through Airbnb. All the non-profits they work with book through Airbnb because their API handles the lock codes, housekeeping, billing, and payment processing. We are also part of Airbnb Open Homes, through Airbnb allows us to take folks who are seeking stays on a medical basis. We feel we have been complying until we received this letter last fall. We are trying to figure out what the guidelines are around medical stays. There doesn’t seem to be a lot of guidance regarding why we are not exempt. Assistant City Solicitor Wellock explained it is the use that is exempt, not the property. S. Moore asked if all the guests that have stayed at the property have stayed for exempt reasons, like medical stays. Mr. Will stated yes, and if there is way that can be clarified. Does the City want him to add a statement on the Airbnb listing that this is for medical stays only, does the City want the guest to affirm and attest that they are staying at the property for a medical stay, or what language can we include that would demonstrate we are operating as an exempt property? Assistant City Solicitor Wellock stated the agreement would be with a non- profit, a medial facility, or one of the other organizations listed in the ordinance, not the individuals staying at the property. Mr. Will stated they have that agreement. D. Greenbaum stated, the organization who you have the agreement with would be the ones to book the stays, not Airbnb or VRBO. Mr. Will explained that the individual books the stay, not the agency who they contract with. That is not how they or the agency operate. P. Kirby stated maybe the agency doesn’t have the technical capacity to make the booking. S. Moore asked if the amended ordinance states anywhere what the process is, there is a list of agencies to choose from, or the reservation must be booked through a certain entity. Is the ordinance that specific? J. Wellock stated he believed the stay would have to be contracted through one of those agencies but did not have the ordinance to reference. J. Schiller asked how this falls under the jurisdiction of the Board of Health. D. Greenbaum explained that the short-term rental ordinance requires the 2|Page unit to have an annual pre-rental inspection that is conducted by the Board of Health. Discussion took place regarding the ordinance and the exemption. D. Elias inquired of Mr. Will regarding the email instructing him to speak with the health inspector about the agreement with the medical facility, but when he completed the application for a certificate of fitness, he checked off that the unit would not be used as a short-term rental and why the discrepancy. Mr. Will explained there is no way in the system to indicate that the unit is being used for medical stays and is therefore exempt under the ordinance. I did speak with the inspector that came, I provided them with a copy of the contract with Patient Support Network, they said they would file it. I told them what I was doing. I thought the property was exempt under the ordinance because I was using it for short-term medical stays. It wasn’t clear that the health department was handling this, I didn’t realize until I received this letter that the department of health was handling this. D. Elias referenced an email dated October 21, 2021, from Amanda Chiancola, where she specifically directs you to reach out to the health department. D. Greenbaum advised the Board that he spoke with the inspector of record for this inspection, he does not recall being given a copy of the lease agreement. The inspection took place in 2021, and the lease agreement is dated a year later in December of 2022. Mr. Will stated they renewed the lease agreement, and he could provide the 2021 lease if necessary. S. Moore reviewed the requirements of the ordinance around the need for a contract with a health care facility or a non-profit, but it is not specific as to who is allowed to book the reservations and based on the contract provided how do we move forward. D. Greenbaum explained that based on the current contract Mr. Will could continue to offer the unit for short-term medical stays, but his interpretation of the ordinance would not allow for the advertisement or bookings on sites like Airbnb or VRBO. S. Moore agreed there should be some language in the listing stating this is only for short-term medical stays. Assistant City Solicitor Wellock explained the City did not consider these types of rentals would be advertised on Airbnb or VRBO, when we saw them, they raised concerns over what type of rentals they were. Mr. Will added that the Cities of Boston, Cambridge, and Somerville have identical rules and regulations, and they allow this type of medical stay to be booked through a booking platform. This is the most convenient way for all involved to book stays of this nature. Airbnb also provides our insurance if there is damage or if something breaks in the unit. He does not know if it would be feasible to continue without this sort of protection. Additionally, all arrangements are made through the platform, and it makes the process seamless to send automated messages and communicate with guests. D. Greenbaum recommended taking the matter under advisement while the City explored how best to find a solution to these issues. Discussion took place about the status of this listing, and it was recommended that we contact the City of Boston to determine how they are handling situations like this. P. Kirby asked if a tourist is interested in visiting Salem, and looking at 3|Page Airbnb would they see this listing? Mr. Will replied, yes, they would see this listing. P. Kirby further inquired what would happen if they tried to book the property. Mr. Will explained that a message is sent to the client informing them that the unit is for medical stays, however, they do not ask any questions regarding the clients stay, what medical procedure are you having, or what is the medical reason for your trip. We don’t feel that is appropriate for us to ask. We can send a pre-booking message that you are affirming your stay is for a medical reason, however Boston doesn’t require that. Additional discussion ensued regarding the ability to book the property, and while the organization and Mr. Will may be operating in good faith tourists wishing to visit the City at peak tourist season may not operate in the same manner. P. Kirby asked Mr. Will, do all people looking for bookings for a medical stay come through the organization he mentioned. Mr. Will explained they come through a variety of ways, we are on a Facebook group, sometimes it is word of mouth, and the volume requires that it be automated. D. Greenbaum expressed to the Board that from an enforcement perspective, if one person claiming this exemption doesn’t operate in good faith and others see that then many operators will begin to claim this exemption and operate in the same manner. This would be a logistical nightmare for enforcement. Mr. Will stated that has not been an issue in Boston. D. Greenbaum explained that this is not Boston, and he did not know what the enforcement policy was in Boston. Salem is trying to regulate short-term rentals in a manner that is appropriate for Salem. He further stressed that Salem has one hospital, compared to Boston or Cambridge, the opportunity for people to operate in bad faith is greater in Salem than in Boston. Additionally, there have been updates to this ordinance and there will be other changes coming that could increase the opportunity for people to take advantage of exemptions like this. Mr. Will stated he is willing to add language to his listing, and if there is an increase in bad faith actors, he is not opposed to changes in the ordinance to prevent that from happening. G. Yuhas asked if these rentals were cheaper than Airbnb. Mr. Will explained clients that are referred directly from approved organizations receive a discount. D. Greenbaum explained his interpretation of the ordinance was that the organization that was being contracted with would be the ones to make the bookings and that would ensure the property was being used for medical stays only. It may be best for the City to review this internally to determine the best path forward. Discussion took place regarding the interpretation of the ordinance and the short-term medical stays. D. Elias asked if the violation was issued to Mr. Will while the property was under a lease agreement with Patient Support Network. D. Greenbaum explained that apparently there was an agreement, but it was not provided to us. Clarification about the agreement was provided and what that allowed. P. Kirby asked Mr. Will if he was still hosting clients for medical stays 4|Page  since the listing had been removed from Airbnb. Mr. Will explained they have only been providing stays of 31 or more days that would not fall under the purview of the short-term rental ordinance. Additionally, his mother, who is also an owner of the property, is living in the second-floor unit. S. Moore asked, would this be an owner-occupied short-term rental. It was explained that they would have to register and be inspected as such. Mr. Will expressed the desire to continue to operate as a short-term medical stay and gain clarity around the guidelines to do so. Clarification was provided regarding the length of stays currently being offered at this property. 4. Public Health Announcements Discussion took place regarding meetings of the Chairs North Shore /Reports/Updates Boards of Health and if they have met or will be meeting. S. Moore to follow up. D. Greenbaum advised the Board that his budget hearing will take place on June 12, 2024, in front of City Council; he doesn’t foresee any issues with the budget. The second passage of the camping ordinance passed on June 9 th; we will be at the encampment on Wednesday to conduct rodent control. This will be carbon monoxide treatment for all rodent burrows, so all tents will have to be vacated during this treatment. J. Schiller asked if there was a decision that had been made to allow the encampment or not. D. Greenbaum explained that now that the ordinance had passed, the people in the encampment would have some time to remove their belongings and go to the auxiliary shelter. The Police Department would be responsible for storing their belongings and the encampment would be removed. Councillor further explained the process for removing the encampment from the South River. Mr. Will asked what the next steps would be regarding the short-term rental ordinance and when he might receive guidance regarding the medical stay’s exemption. It was explained that he would hear from D. Greenbaum once a determination was made what the guidance would be. Councillor Harvey asked if Airbnb could place a link on the booking that was submitted directly to the Board of Health. Discussion took place about whether this would be feasible or not and if it would have any effect on those booking the property. a. Chairperson NONE Communications b. Administrative Report Copy available at BOH office. c. Council Liaison Updates NONE d. New Business/Scheduling NONE of Future Agenda Items 5|Page  5. Items that could not be NONE anticipated prior to the posting of the agenda. J. Schiller stepped out of meeting. MEETING ADJOURNED: P. Kirby motioned to adjourn. G. Yuhas 2nd. Motion passed by a vote of 4 to 0. Meeting Adjourned: 7:45 PM Next regularly scheduled meeting is Tuesday, June 9, 2024, 2024 at 7:00pm at City Hall Annex, 98 Washington Street, 1st Floor, Salem, MA Respectfully submitted, David Greenbaum Health Agent 6|Page