HomeMy WebLinkAbout2022-01-06 Board of Health MinutesTown of Reading
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Board - Committee - Commission - Council:
Board of Health
Date: 2022-01-06 Time: 7:00 PM
Building: Location:
Address: Session: Open Session
Purpose: Open Session - Remote Meeting Version: Final
Attendees: Members - Present:
RECEIVED
TOWN CLERK
READING, MA.
ZIL
2822 FEB -7 AM 10: 21
Chair Richard Lopez, Vice Chair Kerry Dunnell, Paula Curren; Associate
Members: Geri Cramer, Kevin Sexton
Members - Not Present:
Others Present:
Public Health Director Ade Solarin, Public Health Nurse Shuang Shen, Public
Health Nurse Kristine Harris, Administrative Specialist Jackie LaVerde,
Maureen Buzby - Tobacco Control, Nikita Patel, Nancy Docktor, Rebecca
Liberman
Minutes Respectfully Submitted By: Jacquelyn LaVerde
Topics of Discussion:
This meeting was held remotely via Zoom.
Chair Richard Lopez called the meeting to order and reviewed the evening's agenda.
Minutes:
On a motion by Dr. Lopez and seconded by Ms. Curren, the Board of Health voted
3-0-0 to approve the meeting minutes of January 3, 2022 as presented.
Roll call vote: Kerry Dunnell-Yes, Paula Curren -Yes, Richard Lopez -Yes.
Public Indoor Mask Mandate:
Following the meeting this past Monday, when the Board reviewed current data and heard
public comment on the matter, a mask mandate order for indoor public spaces was drafted,
reviewed by Town Counsel, and sent to Board members for comment. The Board reviewed
the final draft of the mandate.
On a motion by Dr. Lopez, seconded by Ms. Curren, the Board of Health voted 3-0-
0 to approve the indoor mask mandate as presented. [See attachment]
Roll call vote: Kerry Dunnell-Yes, Paula Curren -Yes, Richard Lopez -Yes.
Mr. Sexton suggested that it would be a good idea to send out a reverse -911 message to
inform the community of the mandate. He also emphasized for the community that the
Police Department is not responsible for the enforcement mandate, the Health Department
is, and he encouraged people not to confront other people not wearing masks, but to call
the Health Department or store manager. Mr. Solarin shared the phone line dedicated to
COVID related Issues: 781-942-6680.
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Regional Tobacco Control Coordinator Maureen Buzby reviewed changes to the new state
law signed by Governor Baker in December 2019. Soon after the law was signed, COVID
happened, so education of retailers and enforcement authorities was slow to roll out. The
comprehensive bill Includes: smoking cessation benefits, covered providers of cessation
counseling, tobacco prevention funding, and provisions that relate to tobacco sales. The
most well-known provision is the flavor ban effective June 1, 2020, which prohibits all
flavored tobacco products, Including mint and menthol, except in smoking bars for on -
premise use only. Another provision of the new law changes the amount of fines for
violations to $1,000 for the first violation, $2,000 for a second violation, and $5,000 for a
third violation within a three-year period.
A Department of Revenue license is now required for vape products so it can collect excise
tax. Retailers may now need up to three DOR licenses: one for cigarettes, one for cigars
and other tobacco products, and one for e -cigarettes. Retailers may also need up to eight
signs: minimum legal sales age, summary of new state law, flavor ban, cigarette warning,
cigar warning, no smoking/vaping decal, quit line phone number, and entrance restricted to
age 21+ for adult -only retailers (Reading currently does not have any 21+ stores).
Retailers must now ID all customers who purchase tobacco products. All sales to a minor
violations trigger a suspension for one to thirty days, even for a first offense. Manufacturers
letters are required for all tobacco products attesting to their Ingredients. Stores cannot
advertise products that are prohibited. Older provisions still apply Including: purchasers
must be 21, no pharmacy sales, no smoking or vaping in any workplace, local Board of
Health permit required, no out -of -package sales, liquid nicotine must be child safe, and
humidors or self-service displays must be locked or out of reach of customers.
Some local boards, rather than meet each time there is a sale to a minor, voted to impose a
set number between one and thirty days for a first violation, with three days being a
popular number. Under the new law, the second violation is set at seven days, and the
third violation triggers a 30 -day violation in a three-year period. Local boards can also
consider updating local regulations to match state law. The state program provides
technical assistance to communities looking to update their regulations.
When retailers sell to a minor, the local Health Director is notified, who issues a cease and
desist letter. In cases where there is a suspension, a retailer can appeal to the local board
if they feel protocol was not followed, but the Board does not have the authority to change
the amount of the fine. If there is a suspension, the Board decides the effective date.
When there is a suspension, the retailers must remove all tobacco products from their
shelves, box them up, tape them up, and ensure they are not easily accessible, or removed
from the premises entirely.
Tobacco Violation Review:
Mr. Solarin stated that on November V, there was a compliance check conducted by Ms.
Buzby and her team at Square Liquors where tobacco products were sold to a minor. The
violation comes with a $1,000 fine and potential suspension of the store's tobacco permit.
The store owner paid the fine in early December.
Store owner Nikita Patel stated that she was very sorry for what happened and asked the
Board to explore the possibility of waiving the suspension. She apologized for the incident
and stated that she was the one who sold the products, and admitted her mistake In not
asking for ID. She assured the Board it will not happen again in the future.
Dr. Lopez noted the differences in the Reading regulations that are not compatible with the
current state law. Under the previous laws, the Board could have waived the suspension,
but now the Board Is required to issue a suspension for between one to 30 days. He noted
that the local regulations will need to be reviewed and updated. Mr. Sexton suggested
issuing the one -day suspension for tomorrow, as it has already been determined to be a
snow day, and sales would likely be slow anyway. Board members agreed but noted that
the leniency does not suggest that it is not an important matter.
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On a motion by Dr. Lopez, and seconded by Ms. Curren, the Board of Health voted
3-0-0 to mandate a one -day suspension of tobacco products for sale for Square
Liquors for this violation, beginning at 12:01 am on January 7th, 2022, and require
Ms. Patel to remove tobacco products from the shelves before the store opens in
the morning.
Roll call vote: Kerry Dunnell-Yes, Paula Curren -Yes, Richard Lopez -Yes.
Reading Coalition Uodate:
Mr. Sexton stated that the Coalition had to cancel their December meeting, as they were
extremely busy with Mental Health First Aid training.
Incident Command Update:
Mr. Solarin stated that there is a new organization chart, as the Health Director is now
representing the Board of Health at the Command level. Command has used this new org
chart to plan a successful vaccination clinic and a test distribution event for teachers
returning after the holiday break and it seems to be working well.
Health Department Monthly Report:
Mr. Solarin provided an update on the Department for the month of December. Schools
were inspected. There was an emergency Inspection at 162 Main Street for the sprinkler
system. There were three complaint inspections that were resolved.
Public Health Nurse Kristine Harris reviewed the latest COVID data based on Maven
reporting from December 30th through January 60:
• Total Cases: 3,731
• Active Cases: 371
• Deaths: 50
• Transferred Cases: 16
• Recovered: 3,294
• Hospitalized Cases: 12
In the Schools, the total number of positive students from December 28th to January 6th is
253, a majority of them at the High School. There are 28 positive staff members.
There is a cluster at Antis Senlor Living with 30% of the residents and 16% of the staff
having tested positive. A DPH outbreak specialist was onsite and conducted an inspection
last week. The facility has enough personal protective equipment, but are running low on
test kits and may utilize the Medical Reserve Corp. There is another cluster at the
Montessori School and one at the Goddard School.
Public Health Nurse Shuang Shen shared updates on vaccines. There were 200 doses of
Moderna received today. Next week, there is a booster clinic planned for first responders
for Monday morning, and a clinic for the public on January 13th with PELMED. Information
for additional clinics will be posted online when they are scheduled.
Mr. Solarin added that the vacancy for the Health Inspector has been pasted online and
there have been a few applications so far. He is working with Human Resources to schedule
Interviews for two applicants.
He also noted that additional at-home COVID test kits have been ordered. He Is working
with community partners to try to buy more test kits in bulk, and Is working to find funding
to purchase more. Once the tests are received, they will plan a community distribution
event.
Public Comment:
Rebecca Liberman stated that she wanted to reiterate what she wrote in a letter to the
Board asking them to take into account certain indicators, such as virus levels in the
wastewater, and not put a firm end date on the mask mandate. The Board clarified that the
language in the mandate indicates that the order is in place until rescinded. They will
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review the data each time they meet and rescind the mandate when they are comfortable
that the data shows that cases are back down to a lower transmission level.
Next Meetina Agenda Items: Final Comments:
Dr. Lopez stated that at the next meeting, the Board will hear from Mark Fine and the
Metropolitan Area Planning Council (MAPC) to get their initial draft on the department
assessment. The Board expressed their hope that the results of the assessment will lay the
groundwork for a community needs assessment and development of a community health
and wellness program. Mr. Solarin stated that once the Health Department relocates to the
Police Station, and will be working in the same space as the Coalition, that can easily be
achievable and can probably start in late summer.
Mr. Solarin also noted that he would like to review the regulations at each meeting,
beginning with swimming pool regulations at the next meeting in February, and tobacco
control In March. That way the regulations can be updated by removing things that do not
apply to Reading, and adding and updating things that do.
On a motion by Dr. Lopez, and seconded by Ms. Curren, the Board of Health voted
3-0-0 to adjourn at 8:22 pm.
Roll call vote: Kerry Dunnell-yes, Paula Curren -yes, Richard Lopez -Yes.
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