1 00:00:07,440 --> 00:00:14,559 Hey there. Good evening. Hello. All right, Amy, 2 00:00:14,559 --> 00:00:20,455 you're making all the board members co hosts. 3 00:00:20,455 --> 00:00:38,250 Okay. Great. And your staff, obviously. So who 4 00:00:38,250 --> 00:00:41,130 are we waiting for? We're waiting for Janet. 5 00:01:25,480 --> 00:01:27,640 Welcome everyone. I'm gonna wait one more minute 6 00:01:27,640 --> 00:01:39,880 to see if Janet arrives. Ami, are you 7 00:01:39,880 --> 00:01:55,295 letting in the public? I am. There she 8 00:01:55,295 --> 00:02:17,585 is. There she is. Yeah. Joanne, do you 9 00:02:17,585 --> 00:02:20,785 see Janet? Yes. She just came in. Okay. 10 00:02:20,785 --> 00:02:32,810 To unmute. There she is. Hi. Amy, Trish 11 00:02:32,810 --> 00:02:37,205 Allen is part of the garden group so 12 00:02:37,205 --> 00:02:40,805 I'm not sure why her video is on 13 00:02:40,805 --> 00:02:47,444 from your perspective. Not your bad Trish, just 14 00:02:47,444 --> 00:02:52,980 we're trying to. Them's the rules. Yeah. That's 15 00:02:52,980 --> 00:02:57,780 there you go. Trish Allen. Should not be 16 00:02:57,780 --> 00:03:01,459 a cohost. Not yet. Yeah. No. They're not 17 00:03:01,459 --> 00:03:07,805 now. So let me. Been promoted, Trish. Let 18 00:03:09,245 --> 00:03:25,170 me see how to do that. I'm hearing 19 00:03:25,170 --> 00:03:27,650 some background noise. Anybody know where that's from? 20 00:03:28,850 --> 00:03:39,175 No. And what about Sally? Yeah, Sally shouldn't 21 00:03:39,175 --> 00:03:42,295 be on the video either. Some I mean, 22 00:03:42,295 --> 00:03:46,295 it's nothing it's not bad, but Yeah. I 23 00:03:46,295 --> 00:03:51,970 don't know how that happened. What kind of 24 00:03:51,970 --> 00:03:55,170 background noise are you hearing? It's off now. 25 00:03:56,129 --> 00:03:58,050 I'm not sure who's that was. Okay, I 26 00:03:58,050 --> 00:04:03,215 think we're ready. Welcome everyone. This is a 27 00:04:03,215 --> 00:04:06,255 city of Northampton Board of Health meeting. It's 28 00:04:06,255 --> 00:04:15,739 01/19/2023. Time is 05:33. Tonight we have all 29 00:04:15,739 --> 00:04:19,899 members of our board present Doctor. Cynthia Swopis, 30 00:04:19,899 --> 00:04:24,060 Doctor. Suzanne Smith, Nurse Dallas Dukar, Janet Grant, 31 00:04:24,139 --> 00:04:27,340 and myself, Doctor. Joanne Levin. We also have 32 00:04:27,340 --> 00:04:32,845 some staff from the Department of Health, Director 33 00:04:33,005 --> 00:04:39,085 Amy Hutchins of the Department of Environmental Health 34 00:04:39,085 --> 00:04:43,485 and Human Services. And I'll ask you later 35 00:04:43,485 --> 00:04:46,445 to introduce the other staff members. Great. Yeah. 36 00:04:47,110 --> 00:04:51,110 Great. First, we'll start with the public comment 37 00:04:51,110 --> 00:04:54,630 session. We would we're always interested in hearing 38 00:04:54,630 --> 00:04:57,030 from the public. We ask that you limit 39 00:04:57,030 --> 00:05:00,470 your comments to two minutes. And Suzanne, are 40 00:05:00,470 --> 00:05:04,365 you up for being timer? Oh, you're muted. 41 00:05:04,365 --> 00:05:10,525 Yes. Great. And because of the way our 42 00:05:10,525 --> 00:05:13,005 Zoom is set up that the public doesn't 43 00:05:13,005 --> 00:05:18,430 generally have their videos enabled. We can't see 44 00:05:18,430 --> 00:05:20,750 you if you're waving. So for people who 45 00:05:20,750 --> 00:05:22,670 want to give public comment, please use your 46 00:05:22,670 --> 00:05:25,310 electronic hand, which is found in the reactions 47 00:05:25,310 --> 00:05:28,785 department down in your lower menu. So if 48 00:05:28,785 --> 00:05:30,705 you would like to give public comment, please 49 00:05:30,705 --> 00:05:39,105 raise an electronic hand. I don't see anyone 50 00:05:39,745 --> 00:05:43,100 give it one more minute anyone here for 51 00:05:43,100 --> 00:05:49,020 public comment okay I don't see anyone here 52 00:05:49,020 --> 00:05:51,900 for public comment session we'll close the public 53 00:05:51,900 --> 00:05:58,245 comment session Then would someone like to make 54 00:05:58,245 --> 00:06:03,205 a motion to open to convene the meeting 55 00:06:03,205 --> 00:06:06,085 of the Northampton Board of Health? Move to 56 00:06:06,085 --> 00:06:11,200 open. Is there a second? Second. Any comment 57 00:06:11,200 --> 00:06:14,800 or discussion? All in favor, we'll do a 58 00:06:14,800 --> 00:06:19,520 roll call for votes. Cynthia? Yes. Suzanne? Yes. 59 00:06:20,155 --> 00:06:26,155 Dallas? Yes. Janet? Yes. And me. Yes. Okay. 60 00:06:26,155 --> 00:06:29,035 Board of Health meeting is now open. Welcome, 61 00:06:29,035 --> 00:06:38,330 everyone. This meeting is being recorded. And I've 62 00:06:38,330 --> 00:06:40,570 already mentioned who's here. We are all here. 63 00:06:41,290 --> 00:06:43,530 I'm just gonna mention that, I may need 64 00:06:43,530 --> 00:06:45,370 to leave early if we are going to 65 00:06:45,370 --> 00:06:49,725 go for an extended time, but we'll see 66 00:06:49,725 --> 00:06:54,125 how that goes. The first thing on our 67 00:06:54,125 --> 00:06:57,165 agenda was a continuation of the hearing for 68 00:06:57,165 --> 00:07:01,245 Jim's Variety. Do we have a representative from 69 00:07:01,245 --> 00:07:05,210 Jim's Variety here? Amy, do you know if 70 00:07:05,210 --> 00:07:07,210 they were invited to come to the department? 71 00:07:07,530 --> 00:07:09,610 They were and we reached out to them 72 00:07:09,610 --> 00:07:11,050 to see if they'd like to join us 73 00:07:11,050 --> 00:07:13,930 at the department itself because they had some 74 00:07:13,930 --> 00:07:17,995 technical difficulties last time and they assured that 75 00:07:17,995 --> 00:07:19,275 they were going to be all set and 76 00:07:19,275 --> 00:07:22,715 that they would be here. Okay do you 77 00:07:22,715 --> 00:07:25,435 see any of these names representing? I don't 78 00:07:25,435 --> 00:07:30,410 and the only The one thing is that 79 00:07:30,410 --> 00:07:33,450 it appears on the agenda that the hearing 80 00:07:33,450 --> 00:07:36,810 is to start at 05:45. Oh, that's a 81 00:07:36,810 --> 00:07:39,530 very good point. So we need to give 82 00:07:39,530 --> 00:07:45,415 them that time. Okay, good. Let's move on 83 00:07:45,415 --> 00:07:47,015 and we'll come back to them. Let's move 84 00:07:47,015 --> 00:07:49,495 to public health nursing updates. Do you want 85 00:07:49,495 --> 00:07:55,335 to introduce your staff, Amy? Absolutely. Kelly Hughes 86 00:07:55,335 --> 00:07:57,335 is with us tonight. She's our new public 87 00:07:57,335 --> 00:08:00,340 health nurse. Kelly, if you'd like, why don't 88 00:08:00,340 --> 00:08:02,660 you tell us a little bit about yourself 89 00:08:02,660 --> 00:08:07,379 and what you do at DHHS? Hi there. 90 00:08:07,379 --> 00:08:10,500 Is everybody able to hear me? I'm going 91 00:08:10,500 --> 00:08:13,605 to mute myself because I'm hearing Oh, you're 92 00:08:13,605 --> 00:08:16,405 here twice. Of my voice. You're actually You're 93 00:08:17,605 --> 00:08:20,005 here twice. Are you able to hear me 94 00:08:20,005 --> 00:08:24,165 if I do that? Yes. Yes? Okay. Hi, 95 00:08:24,645 --> 00:08:26,965 sorry about that. So, my name is Kelly 96 00:08:26,965 --> 00:08:30,060 Hughes. I'm an LPN that's been working in 97 00:08:30,060 --> 00:08:33,419 ambulatory care, primary care in the Valley for 98 00:08:33,740 --> 00:08:36,540 about eight years or so, seven, eight years. 99 00:08:37,500 --> 00:08:39,980 I worked with the health department as part 100 00:08:39,980 --> 00:08:44,735 of the COVID-nineteen contact tracing nurse collaborative for 101 00:08:44,735 --> 00:08:47,134 a couple of years, and that's how I 102 00:08:47,134 --> 00:08:49,375 got connected with the health department. And I'm 103 00:08:49,375 --> 00:08:53,950 also an MRC volunteer from about 2016 till 104 00:08:53,950 --> 00:08:57,870 now. I'm excited to join the team and 105 00:08:58,029 --> 00:09:00,269 work with Amy and Elliot and Meredith and 106 00:09:00,269 --> 00:09:04,430 everybody else seems really lovely. I'm excited to 107 00:09:04,750 --> 00:09:08,274 start this new adventure. Great. Well, thank you 108 00:09:08,274 --> 00:09:12,995 and welcome. Thank you. Thank you, Elliot's also 109 00:09:12,995 --> 00:09:15,074 with us. I think Elliot's going to do 110 00:09:15,074 --> 00:09:18,195 an update on the respiratory illness. Yeah. So 111 00:09:18,195 --> 00:09:23,980 I'm going to share my screen. And I'm 112 00:09:23,980 --> 00:09:29,019 sharing straight from the Northampton City website where 113 00:09:29,019 --> 00:09:31,019 anyone who wants to can find this information 114 00:09:31,019 --> 00:09:35,180 every week. So, here's our dashboard for this 115 00:09:35,180 --> 00:09:37,985 week. Now, we had a pretty significant bump 116 00:09:37,985 --> 00:09:40,705 over the holidays, and I know last week, 117 00:09:41,425 --> 00:09:44,385 our test positivity rate rose to eleven percent. 118 00:09:45,025 --> 00:09:46,705 So, that was kind of worrying. But then, 119 00:09:46,705 --> 00:09:48,465 when you dig into the numbers, it was 120 00:09:48,465 --> 00:09:51,345 actually for the week that included New Year's, 121 00:09:51,560 --> 00:09:56,360 and there were very few tests performed, which 122 00:09:56,360 --> 00:09:58,120 I think just meant that the only tests 123 00:09:58,120 --> 00:10:00,600 that were being done basically were probably through 124 00:10:00,600 --> 00:10:03,079 like hospitals and things like that, where they're 125 00:10:03,079 --> 00:10:04,600 testing people who are sicker. So, I think 126 00:10:04,600 --> 00:10:08,395 that's positivity rate temporarily like doubled for only 127 00:10:08,395 --> 00:10:13,515 a week. Our hospitalization rate in the county 128 00:10:13,515 --> 00:10:16,955 is about the same as it was, and 129 00:10:16,955 --> 00:10:19,675 our wastewater has had a huge decline. So, 130 00:10:20,510 --> 00:10:24,190 it's all pretty good to see. It seems 131 00:10:24,190 --> 00:10:28,350 like we're probably coming down from our holiday 132 00:10:28,350 --> 00:10:31,470 peak, particularly based on the wastewater and the 133 00:10:31,470 --> 00:10:36,155 fact that our hospitalizations have stopped climbing. Although, 134 00:10:36,155 --> 00:10:39,995 of course, we know hospitalizations lag cases, so 135 00:10:40,155 --> 00:10:43,035 they're still kind of high. So you can 136 00:10:43,035 --> 00:10:46,155 see our wastewater data here. The blue is 137 00:10:46,395 --> 00:10:50,250 Northampton, the green is Hampshire County, and the 138 00:10:50,250 --> 00:10:52,890 gray is nationally. And you can see our 139 00:10:53,210 --> 00:10:55,529 two local numbers here, they've declined quite a 140 00:10:55,529 --> 00:10:58,490 lot. They're kind of back to almost pre 141 00:10:58,490 --> 00:11:06,025 Thanksgiving levels. And flu, luckily, seems to have 142 00:11:06,025 --> 00:11:09,305 collapsed. I mean, if you look at it, 143 00:11:09,305 --> 00:11:13,720 we're really back to a typical season. Flu 144 00:11:13,720 --> 00:11:16,120 is not gone, but it's not at these, 145 00:11:16,120 --> 00:11:18,280 like, extremely high levels that we were seeing 146 00:11:18,280 --> 00:11:21,240 for a while, which is great to see. 147 00:11:22,360 --> 00:11:24,360 Now, I know that experts are predicting that 148 00:11:24,360 --> 00:11:26,040 later in the season, most likely we're going 149 00:11:26,040 --> 00:11:27,880 to get a second spike of flu B. 150 00:11:28,545 --> 00:11:32,225 It's hard to say how bad that'll be, 151 00:11:32,225 --> 00:11:35,904 but I know that I was hearing from 152 00:11:35,904 --> 00:11:38,305 DPH that they are expecting a second spike 153 00:11:38,305 --> 00:11:40,225 later in the season for flu. And then 154 00:11:40,225 --> 00:11:42,145 we know RSV is still circulating but at 155 00:11:42,145 --> 00:11:45,630 pretty low levels, so that also has quieted 156 00:11:45,630 --> 00:11:49,070 down. So all in all, right now, seems 157 00:11:49,070 --> 00:11:52,830 like cautiously good news for the time being 158 00:11:52,830 --> 00:11:57,195 in terms of respiratory illnesses. And as always, 159 00:11:57,274 --> 00:12:00,714 people should use the same techniques they've been 160 00:12:00,714 --> 00:12:04,795 using in terms of social distancing, masking, indoor 161 00:12:04,795 --> 00:12:08,634 ventilation, testing, staying home if they're sick, and 162 00:12:08,634 --> 00:12:17,710 all of that. Elliot, just the transmission rate. 163 00:12:17,710 --> 00:12:19,470 I'm sorry. The slide went by really quickly. 164 00:12:19,470 --> 00:12:24,045 We're still high with the transmission rate? Yeah, 165 00:12:24,045 --> 00:12:25,805 so we are still at the high level. 166 00:12:26,125 --> 00:12:30,125 Okay. And our best indicator now because of 167 00:12:30,125 --> 00:12:34,445 PCR testing and home testing is wastewater, is 168 00:12:34,445 --> 00:12:38,445 that correct? It seems like it. And I 169 00:12:38,445 --> 00:12:42,900 just was in a webinar with the CDC 170 00:12:42,900 --> 00:12:46,020 about wastewater today, and they were saying that 171 00:12:46,740 --> 00:12:52,740 wastewater has very, very reliably predicted hospitalizations. And 172 00:12:52,740 --> 00:12:55,545 so they're seeing that it really is a 173 00:12:55,545 --> 00:13:02,265 pretty good indicator. Great. Thank you. Thank you. 174 00:13:02,505 --> 00:13:04,745 I think, what I see at the hospital 175 00:13:04,745 --> 00:13:08,459 also reflects what you were saying. We had, 176 00:13:08,459 --> 00:13:10,380 and I don't remember which week it was, 177 00:13:10,380 --> 00:13:12,459 maybe the week after Christmas, we had an 178 00:13:12,459 --> 00:13:16,220 enormous jump in hospitalizations, like doubled, like wild, 179 00:13:16,220 --> 00:13:18,940 and then it went right back down. So 180 00:13:19,100 --> 00:13:20,620 I'm not, you know, I think it was 181 00:13:20,620 --> 00:13:25,175 real, but definitely in a better place than 182 00:13:25,175 --> 00:13:33,895 it was. Any questions for Elliot? Okay, thank 183 00:13:33,895 --> 00:13:39,400 you so much. All right, I think we'll 184 00:13:39,400 --> 00:13:45,640 go back to our hearing. Amy do you 185 00:13:45,640 --> 00:13:47,720 remember, do we need to officially open and 186 00:13:47,720 --> 00:13:54,095 close the hearing. Does anybody remember? I'm gonna 187 00:13:54,095 --> 00:13:56,495 think we do do that. I feel like 188 00:13:56,495 --> 00:13:58,334 we do. I don't know that for sure. 189 00:13:58,815 --> 00:14:04,680 Yeah. Okay. It would be safer to do 190 00:14:04,680 --> 00:14:09,560 that. Yeah. Yeah. And I thought oh, there's 191 00:14:09,560 --> 00:14:14,360 Hamed. Do you wanna let mister Habib be 192 00:14:14,360 --> 00:14:27,195 a cohost? You got it. Okay. Where is 193 00:14:27,195 --> 00:14:35,030 he? Mister Habib, are you with us? Hi. 194 00:14:35,030 --> 00:14:38,470 Yes. Hi. How are you today? Good. Welcome. 195 00:14:38,470 --> 00:14:40,150 Do you want to turn on your video? 196 00:14:40,150 --> 00:14:42,310 You don't have to, obviously. But you are 197 00:14:42,310 --> 00:14:46,125 welcome to if you want to. There you 198 00:14:46,125 --> 00:14:49,805 are. Okay, great. So would someone like to 199 00:14:49,805 --> 00:14:54,125 make a motion to open the hearing regarding 200 00:14:54,125 --> 00:14:58,285 Jim's Variety Store? I'll motion. Is there a 201 00:14:58,285 --> 00:15:03,820 second? Second. Thank you. Any discussion? All in 202 00:15:03,820 --> 00:15:10,140 favor? Suzanne? Yes. Dallas? Yes. Janet? Yes. Cynthia? 203 00:15:10,380 --> 00:15:15,735 Yes. Joanne, yes. Okay. Welcome back, Mr. Habib. 204 00:15:15,735 --> 00:15:20,935 Thank you. Thank you so much. So the 205 00:15:20,935 --> 00:15:23,894 last time we met, we had talked about 206 00:15:26,454 --> 00:15:32,870 the findings. And we had talked about the 207 00:15:32,870 --> 00:15:37,430 fact that we were using the new state 208 00:15:37,430 --> 00:15:41,910 regulations and that we had proposed the fine 209 00:15:41,910 --> 00:15:47,215 of $1,000 but we were undecided about what 210 00:15:47,615 --> 00:15:56,335 is appropriate for that ban on sales. Meredith, 211 00:15:56,335 --> 00:16:00,810 unfortunately, couldn't be here tonight, but her recommendation 212 00:16:00,810 --> 00:16:10,330 is that because they cited rule six sixty 213 00:16:10,330 --> 00:16:14,235 five, which is the state reg, that we 214 00:16:14,235 --> 00:16:17,514 couldn't use our local reg. And then there 215 00:16:17,514 --> 00:16:19,915 was the whole issue about the state regs 216 00:16:19,915 --> 00:16:22,154 sort of because they were new, everyone was 217 00:16:22,154 --> 00:16:27,269 sort of starting fresh. There was a question 218 00:16:27,269 --> 00:16:30,709 that Meredith had at that time about whether 219 00:16:30,709 --> 00:16:35,990 there was a mandatory ban on sales in 220 00:16:35,990 --> 00:16:38,470 the state reg. But we discovered later that 221 00:16:38,470 --> 00:16:40,834 that was only true if sales to a 222 00:16:40,834 --> 00:16:42,834 minor was the issue, which was not the 223 00:16:42,834 --> 00:16:47,954 issue here. So Meredith's recommendation is that we 224 00:16:47,954 --> 00:16:51,235 go with the fine and not with the, 225 00:16:51,875 --> 00:16:57,030 sales ban and complete this case. Does anybody 226 00:16:57,030 --> 00:17:08,734 have any comments? And Cheryl, welcome. Cheryl Sabar 227 00:17:08,734 --> 00:17:10,895 is with Thank you. I had a hard 228 00:17:10,895 --> 00:17:17,454 time getting on. What's new? So Cheryl, maybe 229 00:17:17,454 --> 00:17:20,000 I'll ask you to introduce yourself. So we 230 00:17:20,000 --> 00:17:21,599 have some new members, and maybe we'll go 231 00:17:21,599 --> 00:17:24,880 around and introduce ourselves because of this hearing, 232 00:17:24,880 --> 00:17:29,600 there may be questions for you. Sure. I 233 00:17:29,600 --> 00:17:32,159 am Cheryl Sabara. I am the Executive Director 234 00:17:32,159 --> 00:17:35,315 and Senior Staff Attorney for the Massachusetts Association 235 00:17:35,555 --> 00:17:38,035 of Health Boards. And in that capacity, I 236 00:17:38,035 --> 00:17:41,715 provide legal education and technical assistance to boards 237 00:17:41,715 --> 00:17:44,755 of health throughout the Commonwealth. I think what 238 00:17:44,755 --> 00:17:49,850 occurred here is that the state law now 239 00:17:49,850 --> 00:17:55,450 requires a suspension for the first offense of 240 00:17:55,450 --> 00:17:58,730 selling to someone under the age of 21. 241 00:17:59,610 --> 00:18:04,315 But that is the only mandatory suspension requirement 242 00:18:04,315 --> 00:18:07,355 in the state law for a first sale. 243 00:18:07,755 --> 00:18:12,794 And I believe that's why Meredith is suggesting 244 00:18:12,875 --> 00:18:17,710 that the fine alone would suffice in this 245 00:18:17,710 --> 00:18:24,909 case. Any questions for Mr. Habib, for me, 246 00:18:24,910 --> 00:18:32,365 or for Cheryl? I guess I kind of 247 00:18:32,365 --> 00:18:34,125 have a question, although I don't know who 248 00:18:34,125 --> 00:18:38,045 it's for. I just, pretty new to the 249 00:18:38,045 --> 00:18:40,285 Board of Health, and this was the first 250 00:18:40,679 --> 00:18:43,799 thing like this that has come up. I 251 00:18:45,720 --> 00:18:50,120 remember, Meredith saying that this actually had not 252 00:18:50,120 --> 00:18:53,399 been a first offense. And I don't know 253 00:18:53,399 --> 00:18:56,625 how that's counted or, you know, I think 254 00:18:56,625 --> 00:18:58,945 it was maybe, it was a first offense 255 00:18:58,945 --> 00:19:02,385 since these new regs, but it's not overall 256 00:19:02,385 --> 00:19:05,585 the first offense. So I find that a 257 00:19:05,585 --> 00:19:09,185 little concerning. I can give a little explanation 258 00:19:09,185 --> 00:19:13,040 of that if I'm allowed to. Sure, go 259 00:19:13,040 --> 00:19:16,960 ahead. So I'm managing the store since last 260 00:19:16,960 --> 00:19:22,400 ten years. Currently, I was actually going through 261 00:19:22,400 --> 00:19:25,355 the state rules and regulations that if you 262 00:19:25,355 --> 00:19:27,435 have a violation and then for the next 263 00:19:27,435 --> 00:19:30,235 three years, you do not have any more 264 00:19:30,235 --> 00:19:33,835 violation than the previous one gets expunged from 265 00:19:33,835 --> 00:19:36,555 your record. So if after three years you 266 00:19:36,555 --> 00:19:40,300 have a new offense, new violation, then that 267 00:19:40,300 --> 00:19:43,740 is considered as the first one. So far 268 00:19:43,740 --> 00:19:46,700 in ten years, we never had any state 269 00:19:46,780 --> 00:19:53,500 related violations. For the city of Northampton, we 270 00:19:53,500 --> 00:19:58,175 did had two violations before, but that also 271 00:19:58,175 --> 00:20:00,735 been a very, very long time ago. Our 272 00:20:00,735 --> 00:20:04,495 first violation was about eight years ago. It 273 00:20:04,495 --> 00:20:06,335 was selling to a miner. At that time 274 00:20:06,335 --> 00:20:08,909 we had a new employee and same thing 275 00:20:08,909 --> 00:20:13,389 happened. It's almost four years now since our 276 00:20:13,389 --> 00:20:18,190 last violation. So as far as anything else 277 00:20:18,190 --> 00:20:22,830 is concerned, this is our first violation on 278 00:20:23,525 --> 00:20:29,125 not selling to a minor. A point of 279 00:20:29,125 --> 00:20:33,285 clarification is that we have local regulations which 280 00:20:33,285 --> 00:20:36,164 are slightly different from the state ones, and 281 00:20:36,164 --> 00:20:39,419 ours tend to be more strict. And so 282 00:20:39,419 --> 00:20:44,460 our regulations say that there is no, what 283 00:20:44,460 --> 00:20:46,380 they call, tolling period, meaning you get to 284 00:20:46,380 --> 00:20:49,020 wipe your slate clean after three years, even 285 00:20:49,020 --> 00:20:53,065 though the state offers that. Our regulations don't, 286 00:20:53,065 --> 00:20:54,745 and that is something on our agenda tonight 287 00:20:54,745 --> 00:21:01,385 to discuss going forward. Cheryl, tell me if 288 00:21:01,385 --> 00:21:04,184 I'm correct. Because ours are more strict, we 289 00:21:04,184 --> 00:21:09,080 can go by ours. Yes, you can. That 290 00:21:09,080 --> 00:21:13,000 the state law specifies that if the local 291 00:21:13,000 --> 00:21:16,600 regulation is stricter, then you certainly can use 292 00:21:16,600 --> 00:21:20,885 your own regulation. And I'd like to add 293 00:21:20,885 --> 00:21:23,684 Donna Bowman, Inspector Bowman is here with us 294 00:21:23,684 --> 00:21:26,804 who did the inspection and has the file 295 00:21:26,804 --> 00:21:29,365 for Jim's variety. So I'm not sure if 296 00:21:29,365 --> 00:21:32,804 you'd like her to speak to the history 297 00:21:32,804 --> 00:21:36,610 as well and that side to it. If 298 00:21:36,610 --> 00:21:39,090 you guys have any questions regarding that, Donna 299 00:21:39,090 --> 00:21:42,450 is here with us. Sure. Donna, do you 300 00:21:42,450 --> 00:21:43,730 have anything you want to add? I think 301 00:21:43,730 --> 00:21:46,450 we reviewed the specifics last time, but I 302 00:21:46,450 --> 00:21:47,730 don't know if you want to summarize them. 303 00:21:48,365 --> 00:21:51,965 Thank you for coming. Sure. Hi. Good evening, 304 00:21:51,965 --> 00:21:53,885 everyone. I don't have anything to add. I 305 00:21:53,885 --> 00:21:57,165 know we have reviewed everything that was on 306 00:21:57,885 --> 00:22:01,245 the violation list. There is nothing new or 307 00:22:02,765 --> 00:22:07,990 different to be reviewed. So, I don't have 308 00:22:07,990 --> 00:22:14,230 anything else to offer with more news. Thank 309 00:22:14,230 --> 00:22:17,855 you. Cheryl, just one question is, I guess 310 00:22:17,855 --> 00:22:22,095 Meredith had recommended that or said that the 311 00:22:22,095 --> 00:22:24,894 state had recommended that everybody get a clean 312 00:22:24,894 --> 00:22:28,414 slate because these new regs came in and 313 00:22:28,414 --> 00:22:29,934 we had sort of old regs and new 314 00:22:29,934 --> 00:22:32,575 regs. How do you recommend we approach that? 315 00:22:32,710 --> 00:22:38,310 Well, is the recommendation normally given because of 316 00:22:38,310 --> 00:22:40,950 the different tolling periods, because the effective date 317 00:22:40,950 --> 00:22:44,790 of the regulation was during COVID, and boards 318 00:22:44,790 --> 00:22:48,735 weren't out actually enforcing for some time, And 319 00:22:48,735 --> 00:22:53,615 what the standard operating procedure at most boards 320 00:22:53,615 --> 00:22:56,495 was to start new with the thirty six 321 00:22:56,495 --> 00:23:00,575 months. However, with with Northampton, because you don't 322 00:23:00,575 --> 00:23:05,490 have a tolling period at all, the tolling 323 00:23:05,490 --> 00:23:07,890 period really isn't the issue. The issue is 324 00:23:07,890 --> 00:23:13,890 how do you wanna wipe out the old 325 00:23:13,890 --> 00:23:16,530 ones just because of the new law or 326 00:23:16,530 --> 00:23:18,495 do you wanna keep them in? And that's 327 00:23:18,495 --> 00:23:21,855 a judgment call that the board needs to 328 00:23:21,855 --> 00:23:30,255 make. Yeah. Meredith's recommendation is to let everyone 329 00:23:30,255 --> 00:23:36,100 start fresh, But it's up to you guys. 330 00:23:36,260 --> 00:23:49,815 Any thoughts? But does that impact this particular 331 00:23:49,815 --> 00:23:57,255 case? Or is that another discussion? Because Mr. 332 00:23:57,255 --> 00:24:00,055 Habib is acknowledging I don't have the data 333 00:24:00,055 --> 00:24:01,495 in front of me that this is this 334 00:24:01,495 --> 00:24:06,450 third offense, Yeah. It would impact this discussion 335 00:24:06,450 --> 00:24:11,809 if we decided not to let him start 336 00:24:11,809 --> 00:24:13,970 fresh and have this be his first offense, 337 00:24:13,970 --> 00:24:15,250 then we'd have to look at our regs, 338 00:24:15,250 --> 00:24:18,745 what the consequences are for a third offense 339 00:24:18,745 --> 00:24:22,425 if I'm reading the letter correctly that was 340 00:24:22,425 --> 00:24:27,625 sent to Mr. Habib it's listed as a 341 00:24:27,625 --> 00:24:32,600 first violation that That is what we notified 342 00:24:32,600 --> 00:24:36,200 him about. So I would think that it 343 00:24:36,200 --> 00:24:38,520 would not be right at this point to 344 00:24:38,520 --> 00:24:42,360 change that. Oh, actually, the law that was 345 00:24:42,360 --> 00:24:45,075 cited was the state law. So this was 346 00:24:45,075 --> 00:24:49,475 the first offense under the state law. But 347 00:24:49,795 --> 00:24:53,315 it was, that is how he was notified. 348 00:24:53,795 --> 00:24:56,515 So this would be, I don't think that 349 00:24:56,515 --> 00:25:00,650 this would be an opportune time to change 350 00:25:00,650 --> 00:25:05,370 that to a second or third offense. Does 351 00:25:05,370 --> 00:25:07,930 anyone have any other questions or thoughts or 352 00:25:07,930 --> 00:25:11,865 would someone like to make a proposal? May 353 00:25:11,865 --> 00:25:13,945 I just say, I apologize, but may I 354 00:25:13,945 --> 00:25:17,385 just say one other thing that I always 355 00:25:17,385 --> 00:25:19,305 say, and again, this is something for the 356 00:25:19,305 --> 00:25:23,465 board to consider, but what public health is, 357 00:25:23,465 --> 00:25:26,320 what we try to do in public health 358 00:25:26,320 --> 00:25:28,560 is to get to compliance. We're not about 359 00:25:28,560 --> 00:25:32,400 punishment, we're about compliance. That's the goal of 360 00:25:32,400 --> 00:25:34,960 everything that we do. So I just want 361 00:25:35,040 --> 00:25:36,880 that to be out on the table in 362 00:25:36,880 --> 00:25:41,445 public. Can I add something on on that 363 00:25:41,445 --> 00:25:46,325 part? We we have the tobacco as well 364 00:25:46,325 --> 00:25:49,124 as beer and wine in our store, and, 365 00:25:49,524 --> 00:25:54,500 we have some strong rules and regulations in 366 00:25:54,500 --> 00:25:56,580 the store as well as far as checking 367 00:25:56,580 --> 00:25:59,220 IDs and making sure that none of the 368 00:25:59,220 --> 00:26:01,940 miners in our community are getting what they're 369 00:26:01,940 --> 00:26:05,825 not supposed to get. Beer and wine, as 370 00:26:05,825 --> 00:26:08,145 everybody knows, is required to have at least 371 00:26:08,145 --> 00:26:11,505 21 and over. We have zero violations in 372 00:26:11,505 --> 00:26:15,105 the history of this store. For the tobacco, 373 00:26:15,105 --> 00:26:17,770 yes, we had two selling to minor one, 374 00:26:17,770 --> 00:26:20,730 eight years ago, one, four years ago. Again, 375 00:26:20,730 --> 00:26:23,610 it's 100% agree that should not have happened. 376 00:26:23,610 --> 00:26:28,410 But when an employee changes, we get a 377 00:26:28,410 --> 00:26:30,845 new employee sometime. It does get a little 378 00:26:30,845 --> 00:26:33,405 difficult, but then I also understand that is 379 00:26:33,405 --> 00:26:35,405 our problem just to make sure that we 380 00:26:35,405 --> 00:26:39,885 have everything in place to train new employees 381 00:26:39,885 --> 00:26:44,639 better. So as far as compliance is concerned, 382 00:26:44,640 --> 00:26:47,120 we have a very strict rules and regulations. 383 00:26:47,120 --> 00:26:50,240 And if I have to make those stricter, 384 00:26:50,720 --> 00:26:53,279 I will do anything to make sure that 385 00:26:53,600 --> 00:26:57,635 these mistakes won't happen in the future. We 386 00:26:57,635 --> 00:27:00,355 appreciate that. You know, we take these regulations 387 00:27:00,355 --> 00:27:06,035 quite seriously. I myself have a 15 year 388 00:27:06,035 --> 00:27:07,395 old and a nine year old, and I 389 00:27:07,395 --> 00:27:11,110 definitely understand that how our community, you know, 390 00:27:11,110 --> 00:27:14,149 people feel if their kids, you know, either 391 00:27:14,550 --> 00:27:17,830 smoking or, you know, drinking under the age 392 00:27:17,830 --> 00:27:21,510 of 21, I completely understand that being father 393 00:27:21,510 --> 00:27:25,565 myself. So I am doing it, plus further 394 00:27:25,565 --> 00:27:28,684 I'll do anything in my hands to make 395 00:27:28,684 --> 00:27:33,565 sure that these violations don't happen again. Great. 396 00:27:35,485 --> 00:27:40,790 Board members, anybody have any other questions? Or 397 00:27:40,790 --> 00:27:49,430 would someone like to make a motion? I 398 00:27:49,430 --> 00:27:53,845 move to impose the $1,000 fine for this 399 00:27:53,845 --> 00:27:58,325 violation of our tobacco regulations and the fine 400 00:27:58,325 --> 00:28:05,845 only. I second. Any other comments, discussion, questions? 401 00:28:07,120 --> 00:28:11,040 I mean, think actually procedurally we had already 402 00:28:11,040 --> 00:28:13,920 done that. Had already I think we talked 403 00:28:13,920 --> 00:28:15,600 about it, but I think we didn't vote. 404 00:28:15,600 --> 00:28:20,815 That's what Meredith said. Oh, okay. I thought 405 00:28:20,815 --> 00:28:23,455 we had separated the fine from the suspension. 406 00:28:26,495 --> 00:28:34,175 Any other questions or comments? All in favor, 407 00:28:34,175 --> 00:28:41,369 Suzanne? Yes. Dallas? Yes. Janet? Yes. Cynthia? Yes. 408 00:28:41,530 --> 00:28:45,049 Joanne? Yes. Thank you very much. Thank you 409 00:28:45,049 --> 00:28:47,370 for coming, Mr. Habib. Thank you so much. 410 00:28:47,370 --> 00:28:50,215 And Wishing you good luck in the future. 411 00:28:50,215 --> 00:28:55,895 Thank you so much. Would someone like to 412 00:28:55,895 --> 00:29:02,855 close the hearing? Go ahead. Go ahead, Suzy. 413 00:29:03,700 --> 00:29:07,299 Motion to close the hearing. Thanks, Suzanne. Second. 414 00:29:08,100 --> 00:29:14,179 Any questions or comments? All in favor, Suzanne? 415 00:29:14,180 --> 00:29:21,915 Yes. Dallas? Yes. Janet? Yes. Cynthia? Yes. Joanne, 416 00:29:21,915 --> 00:29:25,995 yes. Thank you all. I, I actually do 417 00:29:25,995 --> 00:29:30,635 have one comment just, listening to what Mr. 418 00:29:30,635 --> 00:29:33,035 Habib said about, you know, wanting to do 419 00:29:33,035 --> 00:29:36,100 anything he can to try to make sure 420 00:29:36,100 --> 00:29:39,940 that it doesn't happen, particularly sales to minors. 421 00:29:39,940 --> 00:29:43,140 And I just really wanna emphasize the idea 422 00:29:43,140 --> 00:29:48,419 of training new employees, making them feel what 423 00:29:48,419 --> 00:29:52,325 you feel as a father young, you know, 424 00:29:52,325 --> 00:30:00,085 of young people. Then periodically checking in with 425 00:30:00,085 --> 00:30:04,245 them about it. I 100% agree with that. 426 00:30:04,245 --> 00:30:07,040 I'm already have started that. In fact, sometime 427 00:30:07,040 --> 00:30:09,680 I use my family members or friends that 428 00:30:09,680 --> 00:30:12,240 my employees haven't seen. I send them in 429 00:30:12,240 --> 00:30:16,320 the store, hey, try to go. I sent 430 00:30:16,320 --> 00:30:18,720 my niece who's 17 years old and I 431 00:30:18,720 --> 00:30:21,005 sent her that, hey, try to go biopsy 432 00:30:21,005 --> 00:30:23,485 and let's see what happens. And I'm glad 433 00:30:23,485 --> 00:30:25,645 that, you know, it was in compliance. So 434 00:30:25,645 --> 00:30:27,565 I'm doing stuff like that as well just 435 00:30:27,565 --> 00:30:30,924 to make sure that, you know, we are 436 00:30:30,924 --> 00:30:37,780 there. Great. Thank you. Great. Thank you. And, 437 00:30:37,780 --> 00:30:40,019 mister Habib, if you could turn off your 438 00:30:40,260 --> 00:30:41,940 if you could mute and turn off your 439 00:30:41,940 --> 00:30:45,540 video, that would be helpful. Thank you. Okay. 440 00:30:52,554 --> 00:30:58,475 Is Robin here? Robin's here. Amy, can you 441 00:30:58,475 --> 00:31:05,210 unmute Robin and Rachel, please. Our next business 442 00:31:05,210 --> 00:31:08,330 is discussing racism at the community gardens. We 443 00:31:08,330 --> 00:31:14,330 have Robin McKeown and Rachel Ehrlich with us 444 00:31:15,875 --> 00:31:19,794 to present. You have documents you've received regarding 445 00:31:19,794 --> 00:31:22,195 this, both a letter that they sent to 446 00:31:22,195 --> 00:31:24,914 the board in December, as well as a 447 00:31:24,914 --> 00:31:29,330 statement that they proposed that they're looking for 448 00:31:29,330 --> 00:31:35,330 our endorsement. So Robin and Rachel, you may 449 00:31:35,330 --> 00:31:39,490 take it away. Thank you. Good evening. Thank 450 00:31:39,490 --> 00:31:41,490 you, Chair Levin, members of the board for 451 00:31:41,490 --> 00:31:44,515 having us tonight to discuss the racial equity 452 00:31:44,515 --> 00:31:48,195 initiative at the community garden in Northampton. I'm 453 00:31:48,195 --> 00:31:50,915 joined by several community gardeners and community members 454 00:31:50,915 --> 00:31:53,395 who are involved in this effort, including, I 455 00:31:53,395 --> 00:31:55,635 believe, Ellie Cook as well as Rachel Ehrlich. 456 00:31:55,680 --> 00:31:57,760 Ellie and Rachel and I are the three 457 00:31:57,760 --> 00:32:00,560 cosigners of the letter submitted to the board 458 00:32:00,560 --> 00:32:03,840 last month describing the initiative, its proposal, and 459 00:32:03,840 --> 00:32:06,400 the request that the board endorse the proposal. 460 00:32:06,720 --> 00:32:08,080 So I'm gonna turn it over here to 461 00:32:08,080 --> 00:32:10,160 Rachel to present a summary of the initiative, 462 00:32:10,305 --> 00:32:12,625 the proposal, and our request to the board. 463 00:32:12,705 --> 00:32:15,105 And following that, we're all available to address 464 00:32:15,105 --> 00:32:18,385 any questions you may have. Amy, could you 465 00:32:18,385 --> 00:32:24,410 also give Ellie make her co host so 466 00:32:24,410 --> 00:32:27,530 she can put on her video and unmute. 467 00:32:28,170 --> 00:32:30,490 Is l oh, is Ellie the oh, there 468 00:32:30,490 --> 00:32:34,250 we go. The e. Yep. And I see 469 00:32:34,250 --> 00:32:37,050 Robin. Where is Rachel? I got I am 470 00:32:37,050 --> 00:32:39,355 right here. Nice to meet There you are. 471 00:32:39,355 --> 00:32:42,075 Can everyone hear me all right? Yes. Great. 472 00:32:42,075 --> 00:32:45,195 Good evening, Chair Levin and other members of 473 00:32:45,195 --> 00:32:46,795 the Board of Health. We're really happy to 474 00:32:46,795 --> 00:32:49,355 be here. Thank you so much for taking 475 00:32:49,355 --> 00:32:51,550 the time to hear from us tonight about 476 00:32:51,550 --> 00:32:54,270 the Racial Equity Initiative at the Northampton Community 477 00:32:54,270 --> 00:32:57,710 Garden. I'm Rachel Ehrlich. I use sheher pronouns. 478 00:32:57,710 --> 00:32:59,550 I'm a gardener at the community garden and 479 00:32:59,550 --> 00:33:01,070 part of a group of gardeners that have 480 00:33:01,070 --> 00:33:04,030 been working on this initiative. I'm going to 481 00:33:04,030 --> 00:33:06,510 present tonight a brief summary of the initiative, 482 00:33:06,510 --> 00:33:09,174 its nexus us to public health, and our 483 00:33:09,174 --> 00:33:11,815 request for the board's endorsement of our proposal. 484 00:33:12,375 --> 00:33:15,095 The Northampton Community Garden is located on Burt's 485 00:33:15,095 --> 00:33:18,934 Pit Road. It offers four twenty garden pots, 486 00:33:18,934 --> 00:33:21,510 garden by over two fifty gardeners. It's a 487 00:33:21,510 --> 00:33:24,390 program of the Parks and Recreation Department, and 488 00:33:24,390 --> 00:33:26,870 is managed by a volunteer garden committee and 489 00:33:26,870 --> 00:33:30,309 maintained by a community of gardeners. In recent 490 00:33:30,309 --> 00:33:34,115 years, multiple black gardeners have left the community 491 00:33:34,115 --> 00:33:36,674 gardens because of failures to address concerns of 492 00:33:36,674 --> 00:33:39,875 racial bias, and both past and present Black 493 00:33:39,875 --> 00:33:42,835 gardeners and other gardeners of color continue to 494 00:33:42,835 --> 00:33:45,154 report acts of bias and racism in our 495 00:33:45,154 --> 00:33:49,549 garden community. Recognizing the need to address the 496 00:33:49,549 --> 00:33:52,349 impacts of racial bias and related issues of 497 00:33:52,830 --> 00:33:56,029 safety, access, equity, and dignity on our community, 498 00:33:56,029 --> 00:33:58,029 a growing group of gardeners has been working 499 00:33:58,029 --> 00:33:59,455 for the past year and a half to 500 00:33:59,455 --> 00:34:02,015 ask that the Northampton Community Garden address these 501 00:34:02,015 --> 00:34:05,135 issues in both its policies and its practices. 502 00:34:06,095 --> 00:34:08,655 This group of gardeners has developed a proposed 503 00:34:08,655 --> 00:34:12,574 equity sustainability statement, which you have for adoption 504 00:34:12,574 --> 00:34:15,135 by the community garden. You've seen this statement 505 00:34:15,300 --> 00:34:18,820 and accompanying FAQs. They were submitted to the 506 00:34:18,820 --> 00:34:21,380 board last month as attachments to the letter 507 00:34:21,380 --> 00:34:24,820 that we sent. The proposed statement articulates both 508 00:34:24,820 --> 00:34:29,054 an explicit commitment to addressing racial equity and 509 00:34:29,054 --> 00:34:32,094 importantly establishes a framework for development by the 510 00:34:32,094 --> 00:34:35,214 community gardeners of a plan of action. The 511 00:34:35,214 --> 00:34:38,494 group's proposal specifically asks that the Northampton Community 512 00:34:38,494 --> 00:34:43,690 Guard, one, adopt this equity and sustainability statement, 513 00:34:43,690 --> 00:34:47,369 and two, create a dedicated committee position on 514 00:34:47,369 --> 00:34:50,489 the garden committee for a volunteer representative to 515 00:34:50,489 --> 00:34:54,889 coordinate implementation of specific actions in support of 516 00:34:54,889 --> 00:34:59,325 this initiative. Similar initiatives undertaken by other community 517 00:34:59,325 --> 00:35:01,965 gardens have resulted in a range of actions, 518 00:35:01,965 --> 00:35:05,565 including implementation of frameworks to address equity and 519 00:35:05,565 --> 00:35:08,750 access in the assignment of garden plots, development 520 00:35:08,750 --> 00:35:11,870 of safety protocols that reflect alternatives to increase 521 00:35:12,109 --> 00:35:16,270 police presence, providing educational resources to gardeners, and 522 00:35:16,270 --> 00:35:19,790 partnering with local organizations to help amplify and 523 00:35:19,790 --> 00:35:23,425 enhance the effectiveness of this work. I want 524 00:35:23,425 --> 00:35:25,984 to briefly now summarize the outreach that we've 525 00:35:25,984 --> 00:35:28,385 conducted to date. Over the past year and 526 00:35:28,385 --> 00:35:31,105 a half, this initiative has included outreach to 527 00:35:31,425 --> 00:35:34,224 the Parks and Recreation Department, the Garden Committee, 528 00:35:34,224 --> 00:35:37,829 gardeners, and neighbors to the garden, community members, 529 00:35:37,829 --> 00:35:40,710 and city representatives. The garden committee and parks 530 00:35:40,710 --> 00:35:43,430 and recreation have in the past indicated that 531 00:35:43,430 --> 00:35:45,990 they don't have the expertise or capacity to 532 00:35:45,990 --> 00:35:48,915 address these issues. And while we have deep 533 00:35:48,915 --> 00:35:50,915 respect for their work, we also believe that 534 00:35:50,915 --> 00:35:54,195 making real progress on an existing municipal commitment 535 00:35:54,355 --> 00:35:57,075 to issues of safety, equity, and dignity cannot 536 00:35:57,075 --> 00:36:00,275 be further delayed. So we continue our efforts 537 00:36:00,275 --> 00:36:02,619 while we look forward to a future opportunity 538 00:36:02,619 --> 00:36:04,300 to work with the garden committee and the 539 00:36:04,300 --> 00:36:08,060 parks and recreation toward these goals. In the 540 00:36:08,060 --> 00:36:11,580 meantime, this past August, we began additional outreach 541 00:36:11,580 --> 00:36:14,714 to gardeners to share the proposal. And despite 542 00:36:14,714 --> 00:36:17,595 starting somewhat late in the gardening season, over 543 00:36:17,595 --> 00:36:20,075 20% of gardeners have been already reached and 544 00:36:20,075 --> 00:36:22,474 signed on to support of the proposal. This 545 00:36:22,474 --> 00:36:24,315 fall and into the winter, we continued a 546 00:36:24,315 --> 00:36:27,035 series of informal conversations with community members and 547 00:36:27,035 --> 00:36:30,540 city representatives to familiarize themselves with them with 548 00:36:30,540 --> 00:36:33,900 the initiative. Responses to all of this outreach 549 00:36:33,900 --> 00:36:38,700 has been really overwhelmingly positive and supportive. Finally, 550 00:36:38,700 --> 00:36:39,980 and I know thank you so much for 551 00:36:39,980 --> 00:36:41,660 continuing to listen. I know I've been talking 552 00:36:41,660 --> 00:36:43,175 for a bit. I want to address the 553 00:36:43,175 --> 00:36:45,575 nexus to public health. As all of you 554 00:36:45,575 --> 00:36:48,135 are aware, the social conditions in the environments 555 00:36:48,135 --> 00:36:51,575 where we live, learn, work and recreate affect 556 00:36:51,575 --> 00:36:54,295 our health and our quality of life. Racism 557 00:36:54,295 --> 00:36:57,279 and racial bias in these environments correlate to 558 00:36:57,279 --> 00:37:02,160 significant measurable negative health outcomes. Understanding this, both 559 00:37:02,160 --> 00:37:03,760 the City Council and the Board of Health 560 00:37:03,760 --> 00:37:06,960 have adopted resolutions that explicitly identify racism as 561 00:37:06,960 --> 00:37:10,255 an ongoing public health crisis, identify action at 562 00:37:10,255 --> 00:37:13,295 the local level as essential and importantly, commit 563 00:37:13,295 --> 00:37:15,695 to ongoing action to address this public health 564 00:37:15,695 --> 00:37:18,575 crisis. As you know, the Board of Health's 565 00:37:18,575 --> 00:37:21,055 twenty twenty resolution declaring racism a public health 566 00:37:21,055 --> 00:37:23,935 emergency acknowledged that the ongoing public health crisis 567 00:37:23,935 --> 00:37:26,869 of racism results in health disparities and unequal 568 00:37:26,869 --> 00:37:29,670 access. And for those reasons, the board resolved 569 00:37:29,670 --> 00:37:32,070 to commit to ongoing work around racial justice. 570 00:37:32,630 --> 00:37:35,430 In that context, endorsement of our proposal is 571 00:37:35,430 --> 00:37:37,269 aligned with the City Council and the Board 572 00:37:37,269 --> 00:37:40,815 of Health's resolutions, and represents a small but 573 00:37:40,815 --> 00:37:43,055 real step toward the stated commitment to address 574 00:37:43,055 --> 00:37:44,895 the public health crisis of racism in our 575 00:37:44,895 --> 00:37:50,175 community. Underscoring this, the racial equity initiative underway 576 00:37:50,175 --> 00:37:51,855 at the Community Garden has been presented to 577 00:37:51,855 --> 00:37:54,300 the Northampton Human Rights Commission, and the Human 578 00:37:54,300 --> 00:37:57,420 Rights Commission has voted to endorse the proposal. 579 00:37:58,700 --> 00:38:01,500 Finally, in closing, we're heartened to know that 580 00:38:01,500 --> 00:38:03,100 both the City Council and the Board of 581 00:38:03,100 --> 00:38:05,740 Health have explicitly committed to addressing racial equity 582 00:38:05,740 --> 00:38:09,305 and racial disparities as a public health concern. 583 00:38:09,385 --> 00:38:11,385 In keeping with this commitment, we're here tonight 584 00:38:11,385 --> 00:38:13,545 to request that the Board of Health stand 585 00:38:13,545 --> 00:38:16,505 with the Northampton Human Rights Commission and endorse 586 00:38:16,505 --> 00:38:19,065 the proposal that the Northampton Community Garden adopt 587 00:38:19,065 --> 00:38:22,829 the equity and sustainability statement with its embedded 588 00:38:22,829 --> 00:38:26,190 framework for action and create a dedicated position 589 00:38:26,190 --> 00:38:28,829 on the garden committee for a volunteer representative 590 00:38:28,829 --> 00:38:33,230 to coordinate implementation of this necessary work. Should 591 00:38:33,230 --> 00:38:35,630 the board vote to endorse this proposal, we 592 00:38:35,630 --> 00:38:38,204 ask that the board consider summarizing its endorsement 593 00:38:38,204 --> 00:38:40,925 in a brief written statement or titled letter. 594 00:38:41,404 --> 00:38:43,244 I want to end by thanking you all 595 00:38:43,244 --> 00:38:44,845 for your time, and note that there are 596 00:38:44,845 --> 00:38:46,365 several of us here tonight who would be 597 00:38:46,365 --> 00:38:48,605 happy to answer questions. Thank you again so 598 00:38:48,605 --> 00:38:56,550 much for listening. Thank you so much. Board 599 00:38:56,550 --> 00:38:59,910 members, does anybody have any questions? We've got 600 00:38:59,990 --> 00:39:04,310 Rachel, Robin and Ellie here representing folks from 601 00:39:04,310 --> 00:39:07,585 the garden. Any questions? You should have received 602 00:39:07,585 --> 00:39:10,385 the copy of the letter as well as 603 00:39:10,385 --> 00:39:13,585 the statement that they're asking for us to 604 00:39:13,585 --> 00:39:22,460 endorse. Any questions? Comments? I have two questions. 605 00:39:24,700 --> 00:39:27,020 As we move forward to try to help 606 00:39:27,020 --> 00:39:31,435 address racism as a public health issue, information 607 00:39:31,435 --> 00:39:33,675 about what's going on would be very helpful 608 00:39:33,675 --> 00:39:38,555 to me. So acknowledging that you've said that 609 00:39:38,555 --> 00:39:41,675 there have been events, it would help me 610 00:39:41,675 --> 00:39:45,510 to know the nature of these, the context 611 00:39:45,510 --> 00:39:49,190 in which they occurred. That would just help 612 00:39:49,190 --> 00:39:51,830 me on a personal level. And my second 613 00:39:51,830 --> 00:39:55,350 question is, how will our support help your 614 00:39:55,350 --> 00:40:05,245 efforts? Those are excellent questions. Thank you so 615 00:40:05,245 --> 00:40:07,485 much. Robin, I'm gonna ask you to unmute 616 00:40:07,485 --> 00:40:09,245 if it's okay so we can address this 617 00:40:09,245 --> 00:40:13,725 together. Robin, would you start by detailing just, 618 00:40:13,885 --> 00:40:15,485 so first of all, I wanna say, Chris, 619 00:40:15,485 --> 00:40:17,470 thank you so much for your question. We're 620 00:40:17,470 --> 00:40:19,710 not in a position, obviously, to detail all 621 00:40:19,710 --> 00:40:21,550 of the events that have been experienced by 622 00:40:21,550 --> 00:40:24,430 black gardeners or gardeners of color, but we're 623 00:40:24,430 --> 00:40:26,830 happy to enumerate an example of the kinds 624 00:40:26,830 --> 00:40:29,390 of things that we have heard. Robin, would 625 00:40:29,390 --> 00:40:30,750 you take that, and then I'll answer the 626 00:40:30,750 --> 00:40:34,225 second part of Chris's question. Sure. I'm aware 627 00:40:35,585 --> 00:40:39,585 from conversations with gardeners of color of a 628 00:40:39,585 --> 00:40:41,425 range of experiences. And I'll just start with 629 00:40:41,425 --> 00:40:43,665 my own experience as a white gardener. I've 630 00:40:43,665 --> 00:40:45,505 been a gardener for over ten years. I've 631 00:40:45,505 --> 00:40:47,105 spent a lot of time in the garden, 632 00:40:47,330 --> 00:40:50,050 and I have never once been questioned as 633 00:40:50,050 --> 00:40:53,570 to whether I belong there, when I'm gardening 634 00:40:53,570 --> 00:40:56,050 or walking through the garden. The most common 635 00:40:56,050 --> 00:40:59,890 story that I've heard is the level of 636 00:40:59,890 --> 00:41:03,045 interrogation that gardeners of color experience over time, 637 00:41:03,045 --> 00:41:06,005 the questioning about whether they belong, what are 638 00:41:06,005 --> 00:41:08,645 they doing in that plot, is it their 639 00:41:08,645 --> 00:41:12,485 plot, those types of interactions. There was an 640 00:41:12,485 --> 00:41:14,485 event, a little over a year and a 641 00:41:14,485 --> 00:41:17,580 half ago that spurred on this current work. 642 00:41:18,619 --> 00:41:23,819 A young black child was verbally assaulted and 643 00:41:23,819 --> 00:41:29,099 accused of theft. And that event, in combination 644 00:41:29,099 --> 00:41:31,985 with others, led to multiple black gardeners leaving 645 00:41:31,985 --> 00:41:34,225 the garden, feeling that there was a failure 646 00:41:34,225 --> 00:41:37,345 to address both what had transpired in that 647 00:41:37,345 --> 00:41:39,265 event and and the larger issue of of 648 00:41:39,265 --> 00:41:41,185 racial bias and and white privilege and how 649 00:41:41,185 --> 00:41:42,545 all of these things play out in a 650 00:41:42,545 --> 00:41:45,740 majority white space, which is what this community 651 00:41:45,740 --> 00:41:50,940 garden is. I each of the gardeners of 652 00:41:50,940 --> 00:41:53,260 color, past and present, that I have spoken 653 00:41:53,260 --> 00:41:55,660 with have had their own story to tell 654 00:41:55,660 --> 00:42:00,055 about an experience. And, you know, as Rachel 655 00:42:00,055 --> 00:42:04,215 said, it's not my place really to, I 656 00:42:04,215 --> 00:42:06,695 think, go much further into their stories and 657 00:42:06,695 --> 00:42:10,135 their experiences in the garden. But to say 658 00:42:10,135 --> 00:42:13,690 that these are the stories we hear all 659 00:42:13,690 --> 00:42:16,329 over our country, right, coming out of majority 660 00:42:16,329 --> 00:42:18,569 white spaces. I don't think there's I don't 661 00:42:18,569 --> 00:42:21,369 think we're an outlier, in the community garden. 662 00:42:21,529 --> 00:42:25,484 But I think that as with the rest 663 00:42:25,484 --> 00:42:27,724 of our our community and our communities across 664 00:42:27,724 --> 00:42:29,964 this country, we we do need to acknowledge 665 00:42:29,964 --> 00:42:31,565 that these things are happening and we need 666 00:42:31,565 --> 00:42:34,204 to act. So I hope that answers enough 667 00:42:34,204 --> 00:42:37,885 of your question, Chris. Yeah. Regarding the nature 668 00:42:37,885 --> 00:42:41,270 and context. I apologize. That's the wrong name. 669 00:42:45,030 --> 00:42:48,310 I'm Suzanne. Oh, I'm so sorry. I'm so 670 00:42:48,310 --> 00:42:50,310 sorry too. Sorry about that, Suzanne. You have 671 00:42:50,310 --> 00:42:52,630 no way of knowing. How would you know? 672 00:42:53,295 --> 00:42:54,734 Has to be changed at the beginning of 673 00:42:54,734 --> 00:42:58,815 the meeting and skip right past that. That's 674 00:42:58,815 --> 00:43:03,615 very helpful to me. In reading through the 675 00:43:03,615 --> 00:43:07,694 materials, recognize you need to honor people's privacy 676 00:43:08,440 --> 00:43:13,880 and not trigger people by having their particular 677 00:43:13,880 --> 00:43:19,160 stories spoken about in public without their consent. 678 00:43:19,880 --> 00:43:23,445 But I had no idea the nature of 679 00:43:23,445 --> 00:43:26,165 what you were referring to. So what you 680 00:43:26,165 --> 00:43:30,325 have said was very helpful. Rachel, did you 681 00:43:30,325 --> 00:43:33,045 want to answer the second question? I'm happy 682 00:43:33,045 --> 00:43:40,059 to answer the second question. Change specifically around 683 00:43:40,059 --> 00:43:42,380 racism in this country and in our community 684 00:43:42,380 --> 00:43:48,300 is slow. And the endorsement of your body 685 00:43:48,300 --> 00:43:51,260 in particular in relation to issues of public 686 00:43:51,260 --> 00:43:54,644 health and emphasizing that this is a public 687 00:43:54,644 --> 00:43:57,845 health issue amplifies this issue in the community, 688 00:43:58,085 --> 00:44:00,005 and that is necessary in order for us 689 00:44:00,005 --> 00:44:03,444 to continue to spur change. We're trying to 690 00:44:03,444 --> 00:44:06,900 put some pressure to move and also create 691 00:44:06,900 --> 00:44:09,380 some collaborative bodies that will help us continue 692 00:44:09,380 --> 00:44:12,099 to do this work. Robin, did you want 693 00:44:12,099 --> 00:44:13,700 to add anything else to the second part 694 00:44:13,700 --> 00:44:19,380 of that question? No, that's perfect, Rachel. So 695 00:44:19,380 --> 00:44:25,515 I have some questions. I don't know a 696 00:44:25,515 --> 00:44:27,275 whole lot about the garden. I'm not a 697 00:44:27,275 --> 00:44:31,035 gardener, but I live very close by and 698 00:44:31,035 --> 00:44:36,315 walk through there. And my understanding is that 699 00:44:36,315 --> 00:44:42,090 the guarding committee itself is all volunteer. So 700 00:44:42,730 --> 00:44:46,650 I guess I'm just wondering, I mean, honestly, 701 00:44:46,890 --> 00:44:48,250 to me, this is a little bit of 702 00:44:48,250 --> 00:44:51,210 a no brainer in terms of what you're 703 00:44:51,210 --> 00:44:57,315 asking, but I'm wondering why it I understand 704 00:44:57,315 --> 00:44:59,395 the second part about getting the endorsement from 705 00:44:59,395 --> 00:45:04,675 the Board of Health, but I'm wondering why 706 00:45:05,635 --> 00:45:09,119 the guarding committee just hasn't said, Sure, if 707 00:45:09,119 --> 00:45:13,920 you wanna have a representative, great. So that's 708 00:45:13,920 --> 00:45:15,920 a question, I guess. I know they're all 709 00:45:15,920 --> 00:45:22,640 very hardworking volunteers with good intent, so that's 710 00:45:22,640 --> 00:45:26,935 a question. I'm wondering if there are any 711 00:45:29,015 --> 00:45:31,975 Black or brown people that are part of 712 00:45:31,975 --> 00:45:36,535 your group, thinking about the whole thing of 713 00:45:37,670 --> 00:45:41,430 nothing about us without us. It feels a 714 00:45:41,430 --> 00:45:45,990 little funny to me if everybody in your 715 00:45:45,990 --> 00:45:49,670 group are white people who are saying this 716 00:45:49,670 --> 00:45:52,565 is what kind of needs to happen. So 717 00:45:52,565 --> 00:45:54,165 there's that. And I guess the third thing 718 00:45:54,165 --> 00:45:57,525 is just around governance in general of the 719 00:45:57,525 --> 00:46:02,165 guarding committee. Is there a decision making process 720 00:46:02,165 --> 00:46:04,805 for how things happen there? What is the 721 00:46:04,805 --> 00:46:10,849 governance so that this could move forward? If 722 00:46:10,849 --> 00:46:12,130 you don't mind, I'm gonna take your questions 723 00:46:12,130 --> 00:46:13,809 a little bit out of order and speak 724 00:46:13,809 --> 00:46:16,210 to first the fact that we are a 725 00:46:16,369 --> 00:46:18,289 group of white people, although I will say 726 00:46:18,289 --> 00:46:20,289 that some gardeners of color have signed on 727 00:46:20,289 --> 00:46:22,825 to our initiative, but as a body of 728 00:46:22,825 --> 00:46:24,425 people who has been working together, we are 729 00:46:24,425 --> 00:46:29,305 the delight people. In no way would we 730 00:46:29,305 --> 00:46:32,345 ever presume to speak for or stand in 731 00:46:32,345 --> 00:46:34,760 the way of any initiative brought to the 732 00:46:34,760 --> 00:46:38,680 garden by people of color. And I firmly 733 00:46:38,680 --> 00:46:41,640 believe that this is a white problem that 734 00:46:41,640 --> 00:46:43,640 exists in the community garden, and it's time 735 00:46:43,640 --> 00:46:45,640 for white people to step up and respond 736 00:46:45,640 --> 00:46:47,995 to that problem so that people of color 737 00:46:47,995 --> 00:46:50,395 can go about the business of gardening in 738 00:46:50,395 --> 00:46:52,555 the garden in a safe and thoughtful and 739 00:46:52,555 --> 00:46:55,355 in a way that in which they feel 740 00:46:56,795 --> 00:46:59,755 welcomed and white people have not created that. 741 00:46:59,755 --> 00:47:03,420 So I agree with what you said, you 742 00:47:03,420 --> 00:47:07,180 know, nothing for us without us. I think 743 00:47:07,180 --> 00:47:11,260 that that is excellent, and I also believe 744 00:47:11,260 --> 00:47:12,780 that it's time for white people to do 745 00:47:12,780 --> 00:47:16,060 this work. I will say that at one 746 00:47:16,060 --> 00:47:19,484 point in the process, shortly after the incident 747 00:47:19,484 --> 00:47:23,885 that Robin mentioned, we were offered to take 748 00:47:23,885 --> 00:47:27,005 a seat on the garden committee to speak 749 00:47:27,005 --> 00:47:30,980 to issues of racism and racial equity. And 750 00:47:30,980 --> 00:47:33,700 that offer was retracted. And we don't really 751 00:47:33,700 --> 00:47:37,059 know why that is. The only thing we've 752 00:47:37,059 --> 00:47:40,420 heard with regard to why the garden committee 753 00:47:40,420 --> 00:47:42,339 has not been able to work with us 754 00:47:43,235 --> 00:47:46,835 is a response about capacity and timing. And 755 00:47:46,835 --> 00:47:48,515 I think Robin can speak a little bit 756 00:47:48,515 --> 00:47:50,595 more to some of the opaqueness of how 757 00:47:50,595 --> 00:47:56,700 the garden committee works. Well, my answer to 758 00:47:56,700 --> 00:47:58,780 the question about governance structure and how it 759 00:47:58,780 --> 00:48:00,140 works is that I I I don't I 760 00:48:00,140 --> 00:48:04,620 don't know. I I have the same questions, 761 00:48:04,620 --> 00:48:07,020 I think, that you do. I know some 762 00:48:07,020 --> 00:48:08,700 of the members of the committee, though I'm 763 00:48:08,700 --> 00:48:10,865 not aware of who all of them are. 764 00:48:10,865 --> 00:48:14,305 We have, throughout the process of doing this 765 00:48:14,305 --> 00:48:16,625 work, reached out a number of times to 766 00:48:16,625 --> 00:48:18,625 the committee to share our concerns, to share 767 00:48:18,625 --> 00:48:21,665 our suggestions, to share our interest, to provide 768 00:48:21,665 --> 00:48:25,105 updates. But, the response we've received is that 769 00:48:26,250 --> 00:48:27,530 at one point, it was that they didn't 770 00:48:27,530 --> 00:48:29,770 have the expertise to discuss the issue. At 771 00:48:29,770 --> 00:48:31,210 another point, it was that they didn't have 772 00:48:31,210 --> 00:48:32,810 time to meet with us. So I I 773 00:48:32,810 --> 00:48:36,250 I don't know enough about the governance structure 774 00:48:36,250 --> 00:48:38,890 or how committee members are selected or how 775 00:48:38,890 --> 00:48:41,015 decisions are made to to answer that question. 776 00:48:41,015 --> 00:48:43,815 I apologize about that. I wish I did. 777 00:48:44,055 --> 00:48:46,215 I just want to Oh, could I say 778 00:48:46,215 --> 00:48:50,135 something, Rachel? Are you Okay. Thing number one, 779 00:48:50,135 --> 00:48:53,735 it's very opaque. The whole governance governance of 780 00:48:53,735 --> 00:48:56,510 the garden committee is opaque. There are a 781 00:48:56,510 --> 00:48:59,550 couple of people who seem to be running 782 00:48:59,550 --> 00:49:02,750 everything and they get a lot of work 783 00:49:02,750 --> 00:49:05,790 done and they're very effective in the actual 784 00:49:05,790 --> 00:49:08,135 work of the garden in terms of you 785 00:49:08,135 --> 00:49:10,135 know getting the hay the straw to be 786 00:49:10,135 --> 00:49:12,855 delivered and the compost and all that and 787 00:49:12,855 --> 00:49:15,575 to get people to do some garden work 788 00:49:15,575 --> 00:49:17,415 but I'd also like to point out that 789 00:49:17,415 --> 00:49:20,214 we have very few black gardeners or brown 790 00:49:20,214 --> 00:49:22,615 ones either and I think that a lot 791 00:49:22,615 --> 00:49:24,910 of that is because quite a few of 792 00:49:24,910 --> 00:49:30,830 them have left and the one I've spoken 793 00:49:30,830 --> 00:49:32,990 to a couple of the black gardeners who 794 00:49:32,990 --> 00:49:35,630 are actually more than a couple the brown 795 00:49:35,630 --> 00:49:38,350 gardeners just aren't interested in getting involved in 796 00:49:38,350 --> 00:49:41,155 this They just don't want to. And I 797 00:49:41,155 --> 00:49:43,474 spoke to one black gardener and he said 798 00:49:43,474 --> 00:49:48,195 he just just was like no because he 799 00:49:48,195 --> 00:49:50,915 was I think he was afraid but I 800 00:49:50,915 --> 00:49:54,560 don't know that. I've also seen, I've witnessed 801 00:49:54,720 --> 00:49:59,520 evidence of this kind of challenging people of 802 00:49:59,520 --> 00:50:02,000 color who come to the garden for some 803 00:50:02,000 --> 00:50:04,720 reason or another, and they're asked why they're 804 00:50:04,720 --> 00:50:07,704 there. And I've seen that happen twice in 805 00:50:07,704 --> 00:50:10,425 my time there which I'm sure it's happened 806 00:50:10,425 --> 00:50:13,224 more often and we do have one black 807 00:50:13,224 --> 00:50:16,744 gardener who thought about leaving when everybody else 808 00:50:16,744 --> 00:50:20,184 left but she decided to stay and she 809 00:50:20,619 --> 00:50:24,859 has a beautiful garden, amazing garden and she 810 00:50:24,859 --> 00:50:27,180 and so does the gentleman who didn't want 811 00:50:27,180 --> 00:50:29,740 to be involved and she and there aren't 812 00:50:29,740 --> 00:50:32,220 that many there just aren't that many black 813 00:50:32,220 --> 00:50:35,474 people. There are quite a few there's like 814 00:50:35,474 --> 00:50:41,474 a large contingent of Guatemalan gardeners formerly Guatemalan 815 00:50:41,474 --> 00:50:46,515 now American gardeners who are really prolific gardeners 816 00:50:46,515 --> 00:50:49,020 wonderful gardeners but they are not just not 817 00:50:49,020 --> 00:50:52,780 interested in all the ins and outs of 818 00:50:53,100 --> 00:50:56,940 our discussion so that's my been my experience 819 00:50:56,940 --> 00:51:00,060 and I walked around asking people to sign 820 00:51:00,380 --> 00:51:03,105 so I've had a lot of experience just 821 00:51:03,105 --> 00:51:06,785 trying to figure out who was interested and 822 00:51:06,785 --> 00:51:09,505 who wasn't or who was afraid and I 823 00:51:09,505 --> 00:51:12,545 felt fear you know from the man and 824 00:51:12,545 --> 00:51:15,905 from the woman she's willing to join on 825 00:51:15,905 --> 00:51:18,145 and I'm pretty sure she will be part 826 00:51:18,145 --> 00:51:22,560 of this group our group very soon. So 827 00:51:23,599 --> 00:51:25,760 other than that, I mean, think I know 828 00:51:25,760 --> 00:51:28,480 of only one other black gardener besides those 829 00:51:28,480 --> 00:51:30,640 two I mentioned, and there may be more, 830 00:51:30,880 --> 00:51:32,715 but this this is the problem. We're not 831 00:51:32,715 --> 00:51:35,435 we're not making it accessible we're not bringing 832 00:51:35,435 --> 00:51:38,075 people in and so if we're not bringing 833 00:51:38,075 --> 00:51:40,635 people in and people have left it gets 834 00:51:40,635 --> 00:51:43,595 wider and wider and wider you know okay 835 00:51:43,595 --> 00:51:45,035 so that's really all I had to say 836 00:51:45,035 --> 00:51:49,579 I'm sorry. Thanks, Sally. Is it true that 837 00:51:49,579 --> 00:51:53,339 the garden falls under Parks and Recreation? That 838 00:51:53,339 --> 00:51:55,819 is correct. It's a program of the Department 839 00:51:55,819 --> 00:51:58,299 of Parks and Rec. Have you approached them 840 00:51:58,299 --> 00:52:00,925 at all about how what what the governance 841 00:52:00,925 --> 00:52:02,525 structure is and how one gets on the 842 00:52:02,525 --> 00:52:04,925 garden committee and that kind of thing? We 843 00:52:05,565 --> 00:52:08,445 all of the conversation that we have had 844 00:52:08,445 --> 00:52:11,885 about, our work has been transmitted both to 845 00:52:11,885 --> 00:52:14,270 the garden committee and to the parks and 846 00:52:14,270 --> 00:52:19,950 rec commissioner. Actually, director of the department. Sorry. 847 00:52:19,950 --> 00:52:21,950 And the director of the department of recs. 848 00:52:21,950 --> 00:52:27,095 And again, the response back has been minimal 849 00:52:27,095 --> 00:52:32,214 at best. Thank you. Any other questions or 850 00:52:32,214 --> 00:52:38,230 comments from the board members? I'd just like 851 00:52:38,230 --> 00:52:42,950 to comment that the city has a gem 852 00:52:42,950 --> 00:52:46,710 with the community garden, this beautiful piece of 853 00:52:46,710 --> 00:52:51,110 land. I just want to harken back to 854 00:52:51,110 --> 00:52:55,145 some work Grow Food Northampton does, not owned 855 00:52:55,145 --> 00:52:58,425 by the city but on city property, and 856 00:52:58,425 --> 00:53:07,430 how they outreach to several populations equating food 857 00:53:07,430 --> 00:53:10,630 and justice and health as all the same 858 00:53:10,630 --> 00:53:14,790 thing. For their plots and their land, the 859 00:53:14,790 --> 00:53:17,829 process is completely transparent. As a matter of 860 00:53:17,829 --> 00:53:22,355 fact, it's on sliding scale and land is 861 00:53:22,355 --> 00:53:26,835 often donated to gardeners of color. Gardeners of 862 00:53:26,835 --> 00:53:28,755 color that may not even know how to 863 00:53:28,755 --> 00:53:31,770 farm or garden are taught that. And so 864 00:53:31,770 --> 00:53:35,530 we have an example in the community. It's 865 00:53:35,530 --> 00:53:38,330 a nonprofit. And I just think we have 866 00:53:38,330 --> 00:53:41,290 so much potential to do the same thing 867 00:53:41,370 --> 00:53:44,435 in the city's community garden. And I just 868 00:53:44,435 --> 00:53:47,155 want to harken back to the city council's 869 00:53:47,155 --> 00:53:51,395 resolution similar to our resolution. The city council 870 00:53:51,395 --> 00:53:53,715 said in 2020 that they were going to 871 00:53:54,595 --> 00:53:57,955 establish a department of diversity, equity and inclusion. 872 00:53:58,770 --> 00:54:02,210 They never have. So the Human Rights Commission 873 00:54:02,210 --> 00:54:06,210 is kind of carrying that and with very 874 00:54:06,210 --> 00:54:11,730 little authority. We too adopted a resolution saying 875 00:54:11,730 --> 00:54:17,415 linking racism to health. And so I think 876 00:54:17,415 --> 00:54:20,775 we have an opportunity here. So I hope 877 00:54:20,775 --> 00:54:26,455 we can endorse the recommendations and also perhaps 878 00:54:26,455 --> 00:54:29,770 write a letter of support. I'm going to 879 00:54:29,770 --> 00:54:33,690 share, see if I can share my screen, 880 00:54:33,690 --> 00:54:37,050 and I'll just put up the proposed language. 881 00:54:38,650 --> 00:54:51,445 Let's see if this works. Does that work? 882 00:54:55,670 --> 00:55:00,309 Okay. So this is the statement that, the 883 00:55:00,309 --> 00:55:02,710 garden committee that you guys are looking for 884 00:55:02,710 --> 00:55:05,589 us to endorse. And we would put it 885 00:55:05,589 --> 00:55:13,585 in a letter form. Joanne, may I add 886 00:55:13,585 --> 00:55:17,185 one thing? Sure. Mhmm. Just to clarify, the 887 00:55:17,185 --> 00:55:18,865 proposal that we would be looking for you 888 00:55:18,865 --> 00:55:22,599 to endorse is essentially two parts. One is, 889 00:55:23,000 --> 00:55:25,640 adoption of the statement, and the second is 890 00:55:25,720 --> 00:55:28,440 creation of a dedicated seat on the garden 891 00:55:28,440 --> 00:55:32,440 committee to essentially lead facilitate implementation of the 892 00:55:32,440 --> 00:55:34,040 effort. So there's the two parts to the 893 00:55:34,040 --> 00:55:40,025 proposal. Well, I think as part of the 894 00:55:40,105 --> 00:55:42,665 in the role of Board of Health, we 895 00:55:42,665 --> 00:55:45,945 can choose to adopt a statement. But, I 896 00:55:45,945 --> 00:55:47,785 mean, I think we could support the idea 897 00:55:47,785 --> 00:55:49,850 of a dedicated position on the garden committee, 898 00:55:49,850 --> 00:55:52,730 but obviously we don't have authority over that. 899 00:55:53,050 --> 00:55:57,050 My thought was simply endorsement of our proposal. 900 00:55:57,050 --> 00:55:58,970 Of course, you don't have authority to enact 901 00:55:58,970 --> 00:56:08,875 any of those things. Right. Any other comments? 902 00:56:08,875 --> 00:56:19,020 Does anyone want to make a motion? I 903 00:56:19,020 --> 00:56:22,300 think your work is certainly in line with 904 00:56:22,300 --> 00:56:27,065 the statement that we put together a couple 905 00:56:27,065 --> 00:56:30,904 of years ago about racial disparity and health 906 00:56:30,904 --> 00:56:37,384 and how they're intertwined. Would anyone like to 907 00:56:37,384 --> 00:56:44,560 make a motion? I move that the Board 908 00:56:44,560 --> 00:56:48,640 of Health adopt and support the resolution that 909 00:56:48,640 --> 00:56:51,119 was presented to us by the, what's called 910 00:56:51,119 --> 00:56:58,635 the Community Garden Committee and perhaps write a 911 00:56:58,635 --> 00:57:03,115 formal endorsement as well. So you're proposing adopting 912 00:57:03,115 --> 00:57:08,849 that statement or acknowledging that statement and supporting 913 00:57:08,849 --> 00:57:11,890 the dedicated position on the garden committee, both 914 00:57:11,890 --> 00:57:18,130 parts? Yes. With a letter. Did that affect? 915 00:57:19,650 --> 00:57:24,545 Yes. Thanks, Joanne. Is there a second for 916 00:57:24,545 --> 00:57:28,785 that? I'll second it. Thank you, Dallas. Any 917 00:57:28,785 --> 00:57:39,710 other discussion? I guess I just wish we 918 00:57:39,710 --> 00:57:44,030 had a little more information from the guarding 919 00:57:44,030 --> 00:57:47,630 committee itself or the Parks and Rec, like 920 00:57:51,724 --> 00:57:59,724 Because I just don't understand why with the 921 00:57:59,724 --> 00:58:04,260 explanation that this group has been given, which 922 00:58:04,260 --> 00:58:11,700 is not really an explanation, I I don't 923 00:58:11,700 --> 00:58:13,940 know if there's something, if we're going to 924 00:58:13,940 --> 00:58:18,644 do this, if we can also in our 925 00:58:18,644 --> 00:58:24,085 letter make a statement about how we, I 926 00:58:24,085 --> 00:58:30,579 mean, all the boards, everything's interconnected an effort 927 00:58:30,579 --> 00:58:35,700 to be a healthy community. So we would 928 00:58:35,700 --> 00:58:41,140 want to see, like, the Parks and Rec 929 00:58:41,140 --> 00:58:51,535 Committee be involved in this? Do you want 930 00:58:51,535 --> 00:58:56,815 to make an amendment to Cynthia's proposal that 931 00:58:57,135 --> 00:58:58,815 asks for Parks and Recs to have transparency? 932 00:59:00,039 --> 00:59:01,880 Well, I guess I'd like to know what 933 00:59:01,880 --> 00:59:10,599 Board members think of that idea. I just 934 00:59:10,599 --> 00:59:15,215 think that asking Parks and Rec to come 935 00:59:15,215 --> 00:59:18,335 to the Board of Health meeting on this 936 00:59:18,335 --> 00:59:24,895 particular issue, think I have to trust the 937 00:59:24,895 --> 00:59:27,775 presenters having gone to the Parks and Rec 938 00:59:28,495 --> 00:59:31,870 Commission And also, I think you all went 939 00:59:31,870 --> 00:59:34,510 to their meetings, right, and made statements. Have 940 00:59:34,510 --> 00:59:39,710 you done that, just to clarify? So I 941 00:59:39,710 --> 00:59:44,545 can address that. Our anticipated, next stop, and 942 00:59:44,545 --> 00:59:47,745 we've been making our choices about who we've 943 00:59:47,745 --> 00:59:49,905 spoken with and who we presented to based 944 00:59:49,905 --> 00:59:53,025 on really support and recommendations we've been receiving 945 00:59:53,025 --> 00:59:57,520 from individuals and representatives throughout the city, I 946 00:59:57,599 --> 01:00:00,079 I anticipate our next stop is to go 947 01:00:00,079 --> 01:00:02,319 back to parks and rec to the Commission. 948 01:00:02,319 --> 01:00:04,480 HAB We were hoping to be added to 949 01:00:04,480 --> 01:00:06,319 their agenda I'm not sure that that's going 950 01:00:06,319 --> 01:00:08,559 to happen, so I expect our next stop 951 01:00:08,559 --> 01:00:11,454 will be public comment at a Parks and 952 01:00:11,454 --> 01:00:16,015 Rec Commission meeting. One of the and so 953 01:00:16,015 --> 01:00:18,655 to be able to appear there with the 954 01:00:18,655 --> 01:00:20,575 same message we provided to you and to 955 01:00:20,575 --> 01:00:23,535 indicate support from both the Human Human Rights 956 01:00:23,535 --> 01:00:27,030 Commission and Board of Health would be powerful, 957 01:00:27,590 --> 01:00:30,230 I think. But that that is our anticipated 958 01:00:30,230 --> 01:00:33,990 next stop, if that helps fill in some 959 01:00:33,990 --> 01:00:38,710 of them. That's good. Yeah. I think that 960 01:00:38,710 --> 01:00:42,905 that's appropriate. Absolutely, appropriate than perhaps us calling 961 01:00:42,905 --> 01:00:45,945 in or calling out parks and recs this 962 01:00:45,945 --> 01:00:48,585 point. Yeah, no, I wasn't suggesting that we 963 01:00:48,585 --> 01:00:53,530 do that. I just was trying to figure 964 01:00:53,530 --> 01:00:58,970 out how we do understand them, understand what 965 01:00:58,970 --> 01:01:06,145 is the perspective. Mhmm. Rachel? It might be 966 01:01:06,145 --> 01:01:07,825 useful to hear, and I'm sorry that I 967 01:01:07,825 --> 01:01:09,265 didn't mention this earlier, and I know that 968 01:01:09,265 --> 01:01:10,785 you're in the middle of a vote, that 969 01:01:10,785 --> 01:01:15,184 the outreach to the garden committee when black 970 01:01:15,184 --> 01:01:20,000 gardeners left the garden was significant. Several gardeners 971 01:01:20,000 --> 01:01:23,600 wrote letters, several garden neighbors wrote letters. There 972 01:01:23,600 --> 01:01:38,915 was Oh, we've lost you. We lost you 973 01:01:38,915 --> 01:01:41,795 for a minute, Rachel. Are you back? I'm 974 01:01:41,795 --> 01:01:44,435 back. I'm back. Can you did you hear 975 01:01:44,435 --> 01:01:46,035 the part that I said that after several 976 01:01:46,035 --> 01:01:48,130 black gardeners left the garden? So let me 977 01:01:48,130 --> 01:01:51,170 reiterate. After several black gardeners left the garden, 978 01:01:51,330 --> 01:01:55,330 there was tremendous outreach from gardeners and garden 979 01:01:55,330 --> 01:01:59,570 neighbors to the garden committee to to say 980 01:01:59,570 --> 01:02:01,730 this is a problem, and there was no 981 01:02:01,730 --> 01:02:06,265 response to any of those. So, Janet, your 982 01:02:06,825 --> 01:02:09,865 I share in your being confounded about the 983 01:02:09,865 --> 01:02:13,145 lack of responsiveness. The only thing that we 984 01:02:13,145 --> 01:02:14,985 have been told is that it's a capacity 985 01:02:14,985 --> 01:02:17,465 and timing issue. We haven't heard anything else. 986 01:02:18,579 --> 01:02:24,900 Dallas? Yeah. Thank you. To me, this feels 987 01:02:25,060 --> 01:02:26,579 you know, while it's important to know the 988 01:02:26,579 --> 01:02:29,940 context and important to know what you know, 989 01:02:29,940 --> 01:02:31,380 how Parks and Rec and others may have 990 01:02:31,380 --> 01:02:35,085 responded or not or the the garden committee, 991 01:02:35,405 --> 01:02:38,125 the proposal on the table around the equity 992 01:02:38,125 --> 01:02:41,005 and sustainable statement in advancing racial equity and 993 01:02:41,005 --> 01:02:43,965 enhancing the health of the natural environment. I 994 01:02:43,965 --> 01:02:46,445 mean, that seems like something that would be 995 01:02:46,445 --> 01:02:49,900 in line of what we voted before as 996 01:02:49,900 --> 01:02:52,540 a board in our philosophy in general. And 997 01:02:52,540 --> 01:02:56,140 so regardless of how others may have reacted 998 01:02:56,140 --> 01:02:58,860 to this, it seems like the proposal on 999 01:02:58,860 --> 01:03:02,234 the table is in line with what our 1000 01:03:02,234 --> 01:03:08,395 mission generally. Right? Thank you. Any other comments? 1001 01:03:08,395 --> 01:03:11,195 We do have a proposal on the table. 1002 01:03:12,714 --> 01:03:21,960 Any other discussion? Comments? Board members? Cynthia, do 1003 01:03:21,960 --> 01:03:24,680 you want to restate your or is that 1004 01:03:24,680 --> 01:03:29,480 too hard? I think you wanted to adopt 1005 01:03:30,845 --> 01:03:33,645 the proposal, which was two parts, adopt the 1006 01:03:33,645 --> 01:03:41,885 statement and support their interest in a dedicated 1007 01:03:41,885 --> 01:03:43,964 position on the garden committee, and we would 1008 01:03:43,964 --> 01:03:47,520 put that information in a letter. Was that 1009 01:03:47,520 --> 01:03:51,359 your Well said for the motion. Thank you. 1010 01:03:52,400 --> 01:04:02,525 Point of clarification, letter to whom? I mean, 1011 01:04:02,525 --> 01:04:05,485 I'm just thinking here. I would recommend the 1012 01:04:05,485 --> 01:04:10,200 director of Parks and Recreation and also perhaps 1013 01:04:10,200 --> 01:04:14,119 the mayor. I was going to say Parks 1014 01:04:14,119 --> 01:04:16,280 Recreation, the mayor and city council. I mean, 1015 01:04:16,280 --> 01:04:20,599 this should be sort of. It's my understanding 1016 01:04:20,599 --> 01:04:22,839 that some city councilors are involved in this 1017 01:04:22,839 --> 01:04:25,960 initiative. Robin or Rachel, can you verify that 1018 01:04:26,275 --> 01:04:28,675 or have been made aware of this issue? 1019 01:04:28,755 --> 01:04:30,995 There are a number of city councilors who've 1020 01:04:30,995 --> 01:04:32,835 been made made aware of the issue whom 1021 01:04:32,835 --> 01:04:35,555 we've had informal conversations with. Those that I'm 1022 01:04:35,555 --> 01:04:38,750 aware of have all expressed strong support. I 1023 01:04:38,750 --> 01:04:41,390 believe there are still a handful we may 1024 01:04:41,390 --> 01:04:44,670 not have yet had conversations with, but I 1025 01:04:44,670 --> 01:04:47,790 believe the majority is aware of this initiative. 1026 01:04:49,390 --> 01:04:54,425 All right. Any other questions or comments? You're 1027 01:04:54,425 --> 01:04:56,905 ready for a vote? I'm going go around 1028 01:04:56,905 --> 01:05:05,465 my screen. Suzanne? Yes. Cynthia? Yes. Janet? Yes. 1029 01:05:05,785 --> 01:05:10,960 Dallas? Yes. Joanne? Yes. Thank you very much. 1030 01:05:10,960 --> 01:05:12,640 Thank you all for your hard work. We 1031 01:05:12,640 --> 01:05:15,040 appreciate your coming, and we appreciate all that 1032 01:05:15,040 --> 01:05:18,640 you have done. You've taken a lot of 1033 01:05:18,640 --> 01:05:21,120 time and gathered a lot of people to 1034 01:05:21,280 --> 01:05:25,895 do this work. So thank you. Thank you 1035 01:05:25,895 --> 01:05:29,735 so much. Will formalize that and get a 1036 01:05:29,735 --> 01:05:32,455 copy of that to you. Thank you so 1037 01:05:32,455 --> 01:05:34,055 much to all of you. We really appreciate 1038 01:05:34,055 --> 01:05:38,130 your time and engagement and support. Thank you. 1039 01:05:38,130 --> 01:05:43,730 Thank you so much. Thank you. All right. 1040 01:05:45,570 --> 01:05:48,370 I apologize to the other people on our 1041 01:05:48,370 --> 01:05:50,770 agenda for having to wait around, but we're 1042 01:05:50,770 --> 01:05:56,985 moving along. Amy, do you want to introduce 1043 01:05:56,985 --> 01:06:00,345 Kiko? Hi, Kiko. Welcome. If you'd like to 1044 01:06:00,345 --> 01:06:02,585 introduce yourself, tell us a little bit about 1045 01:06:02,585 --> 01:06:06,040 you and what you do at DHHS. Thanks, 1046 01:06:06,040 --> 01:06:08,520 Amy, and hello, everyone. Thank you, Chair Levin 1047 01:06:08,520 --> 01:06:10,440 and everyone for having me this evening. Can 1048 01:06:10,440 --> 01:06:14,280 you hear me okay? Yes. Okay. So my 1049 01:06:14,280 --> 01:06:16,600 name is Keiko Mallon, and I am the 1050 01:06:16,600 --> 01:06:19,095 Prevention Team Director for the City of Northampton 1051 01:06:19,095 --> 01:06:21,015 Department of Health and Human Services, and I'm 1052 01:06:21,015 --> 01:06:23,815 grateful to Commissioner O'Leary for making some time 1053 01:06:23,815 --> 01:06:28,855 on the agenda for me today. I would 1054 01:06:28,855 --> 01:06:30,215 love to learn more about all of you 1055 01:06:30,215 --> 01:06:32,215 and what you do. I've met Dallas before, 1056 01:06:32,215 --> 01:06:34,840 but everyone else I don't know. But I 1057 01:06:34,840 --> 01:06:36,119 guess my goal here is just to tell 1058 01:06:36,119 --> 01:06:38,359 you a little bit about myself and what 1059 01:06:38,359 --> 01:06:41,560 I do at DHHS. I don't know how 1060 01:06:41,560 --> 01:06:43,640 much background you all have about this work, 1061 01:06:43,640 --> 01:06:44,599 so I'm just going to try to give 1062 01:06:44,599 --> 01:06:46,599 a high level overview. If there are questions, 1063 01:06:47,655 --> 01:06:50,215 please feel free to jump in. Just a 1064 01:06:50,215 --> 01:06:52,695 little bit about myself. I am a seasoned 1065 01:06:52,695 --> 01:06:54,695 public health professional. I've been doing public health 1066 01:06:54,695 --> 01:06:58,375 work for more than three decades. I'm a 1067 01:06:58,375 --> 01:07:00,535 Massachusetts native. I grew up in the Boston 1068 01:07:00,535 --> 01:07:02,490 area, but I moved out West in the 1069 01:07:02,490 --> 01:07:05,770 late 80s. First public health job was working 1070 01:07:05,770 --> 01:07:08,090 for a feminist women's health center in Portland, 1071 01:07:08,090 --> 01:07:10,490 Oregon. We were an abortion provider, so I 1072 01:07:10,490 --> 01:07:12,810 cut my public health teeth on public health 1073 01:07:12,810 --> 01:07:15,450 activism, women's health, and being on the front 1074 01:07:15,450 --> 01:07:17,610 lines of a very controversial line of work. 1075 01:07:18,805 --> 01:07:20,805 From there, did lots of other things, ended 1076 01:07:20,805 --> 01:07:23,365 up in California when I did my master's 1077 01:07:23,365 --> 01:07:25,685 in public health at UC Berkeley, and also 1078 01:07:25,685 --> 01:07:28,645 social work. I have a dual degree. I 1079 01:07:28,645 --> 01:07:30,645 came back to the East Coast actually after 1080 01:07:30,645 --> 01:07:32,245 that, and I was in Vermont for a 1081 01:07:32,245 --> 01:07:35,900 while running a startup nonprofit called Grounds for 1082 01:07:35,900 --> 01:07:37,819 Health, which is still in existence today that 1083 01:07:37,819 --> 01:07:40,059 was founded by Green Mountain Coffee Roasters and 1084 01:07:40,059 --> 01:07:42,220 a couple of other coffee companies in Vermont 1085 01:07:42,220 --> 01:07:45,020 to provide healthcare services to women in coffee 1086 01:07:45,020 --> 01:07:48,135 growing communities. So that was a wonderful I 1087 01:07:48,135 --> 01:07:50,775 really loved being back in New England. California 1088 01:07:50,775 --> 01:07:52,535 called me back. I went back for another 1089 01:07:52,535 --> 01:07:55,255 almost two decades and I'm now back in 1090 01:07:55,255 --> 01:07:58,455 Massachusetts because my mother is getting older and 1091 01:07:58,830 --> 01:08:00,510 felt the need to be closer by. So 1092 01:08:00,510 --> 01:08:02,590 I'm actually living in a big house with 1093 01:08:02,590 --> 01:08:06,510 my husband, my father-in-law, and my mother, which 1094 01:08:06,510 --> 01:08:09,950 has been interesting. In making this huge plan 1095 01:08:09,950 --> 01:08:11,870 to come to Western Mass, I was so 1096 01:08:11,870 --> 01:08:14,675 fortunate to meet Meredith and to be able 1097 01:08:14,675 --> 01:08:17,314 to find this job that I'm now loving 1098 01:08:17,314 --> 01:08:19,555 at the Department of Health and Human Services. 1099 01:08:19,555 --> 01:08:21,555 So my background really is in maternal child 1100 01:08:21,555 --> 01:08:22,835 health. Most of the work that I've done 1101 01:08:22,835 --> 01:08:25,314 is women's health, maternal child health. I'm learning 1102 01:08:25,314 --> 01:08:28,620 about substance misuse prevention, substance use prevention. That's 1103 01:08:28,620 --> 01:08:30,940 the work that our prevention team does. But 1104 01:08:30,940 --> 01:08:33,979 my knowledge of public health principles, my commitment 1105 01:08:33,979 --> 01:08:36,380 to racial equity this last conversation is very 1106 01:08:36,380 --> 01:08:37,660 much in line with so much of the 1107 01:08:37,660 --> 01:08:39,625 work that I've done in public health. My 1108 01:08:39,625 --> 01:08:41,705 last job was working for Alameda County Public 1109 01:08:41,705 --> 01:08:44,185 Health Department, which has a pretty good national 1110 01:08:44,185 --> 01:08:46,425 reputation for being on the cutting edge of 1111 01:08:46,425 --> 01:08:48,984 understanding that public health is social justice and 1112 01:08:48,984 --> 01:08:51,304 that racial justice is integral to ensuring the 1113 01:08:51,304 --> 01:08:54,550 health of all members of our community, that 1114 01:08:54,550 --> 01:08:56,390 no one is free when others are oppressed. 1115 01:08:56,390 --> 01:08:58,949 This is certainly an ideology that I embody 1116 01:08:58,949 --> 01:09:01,109 in all of my work. Getting to know 1117 01:09:01,109 --> 01:09:03,109 the demographics here in Western Mass, which are 1118 01:09:03,109 --> 01:09:05,750 very different from those of Oakland, California, I 1119 01:09:05,750 --> 01:09:08,034 think you can probably imagine. So that's been 1120 01:09:08,034 --> 01:09:09,395 a shift. A big part of my work 1121 01:09:09,395 --> 01:09:11,554 in the past has been looking at the 1122 01:09:11,554 --> 01:09:14,354 disparate rates of infant mortality, that Black babies 1123 01:09:14,354 --> 01:09:15,875 die at two to three times the rate 1124 01:09:15,875 --> 01:09:18,114 of White babies, Black mamas die at three 1125 01:09:18,114 --> 01:09:19,954 to four times the rates of White mamas, 1126 01:09:19,954 --> 01:09:21,474 and how this is something that is a 1127 01:09:21,474 --> 01:09:23,750 result of structural racism and can only be 1128 01:09:23,750 --> 01:09:27,430 addressed by dismantling structural racism. So, is the 1129 01:09:27,430 --> 01:09:29,110 sort of the viewpoint that I bring into 1130 01:09:29,110 --> 01:09:31,350 my work. What I do at the Department 1131 01:09:31,350 --> 01:09:33,030 of Health and Human Services is I have 1132 01:09:33,030 --> 01:09:35,670 five staff who report to me. One of 1133 01:09:35,670 --> 01:09:38,164 them is the Hampshire Hope Coalition Coordinator. So 1134 01:09:38,164 --> 01:09:40,404 Hampshire Hope is our coalition that was founded, 1135 01:09:40,404 --> 01:09:43,284 I believe, in 2015 to address the opioid 1136 01:09:43,284 --> 01:09:49,925 epidemic, a multidisciplinary, very diverse stakeholder organization that's 1137 01:09:49,925 --> 01:09:53,219 been doing incredible work engaging people in the 1138 01:09:53,219 --> 01:09:55,460 community to understand how we can work together 1139 01:09:55,460 --> 01:09:59,300 to reduce deaths from opioid overdoses. Out of 1140 01:09:59,300 --> 01:10:01,699 that program, so the Hampshire Hope coordinator is 1141 01:10:01,699 --> 01:10:04,020 a fairly new person named Taylor McAndrew, who's 1142 01:10:04,020 --> 01:10:05,985 been on the job for about six months. 1143 01:10:05,985 --> 01:10:08,145 She reports to me and is beginning to 1144 01:10:08,145 --> 01:10:10,545 think deeply with the coalition about the opioid 1145 01:10:10,545 --> 01:10:12,304 settlement funds and how those can be used 1146 01:10:12,304 --> 01:10:16,625 to address this ongoing issue in our community 1147 01:10:16,625 --> 01:10:19,080 and really the voices of people who use 1148 01:10:19,080 --> 01:10:21,480 drugs and their families and understanding the best 1149 01:10:21,480 --> 01:10:24,840 way to spend that money, which was people 1150 01:10:24,840 --> 01:10:26,520 who were hurt by what happened in the 1151 01:10:26,520 --> 01:10:28,280 opioid industry are the ones who should be 1152 01:10:28,280 --> 01:10:29,640 helping us to figure out how to spend 1153 01:10:29,640 --> 01:10:32,005 those funds. So excited about that work that 1154 01:10:32,005 --> 01:10:34,804 she'll be thinking about. Out of Hampshire hope 1155 01:10:34,804 --> 01:10:36,965 came a program called the Drug Addiction Recovery 1156 01:10:36,965 --> 01:10:39,284 Team or DART, which is fairly well known 1157 01:10:39,284 --> 01:10:43,684 in Northampton. We've expanded from Northampton out into 1158 01:10:43,684 --> 01:10:46,140 many communities in Hampshire County, as well as 1159 01:10:46,140 --> 01:10:49,100 Hampden County and Berkshire County. The Drug Addiction 1160 01:10:49,100 --> 01:10:51,980 Recovery Team is a post opioid overdose outreach 1161 01:10:51,980 --> 01:10:54,620 effort. So we work with first responders, law 1162 01:10:54,620 --> 01:10:57,660 enforcement, EMS, fire. It varies from community to 1163 01:10:57,660 --> 01:11:00,054 community. The people who are responding to the 1164 01:11:00,054 --> 01:11:02,215 scene of an overdose and helping to get 1165 01:11:02,215 --> 01:11:05,094 that person the attention that he or she 1166 01:11:05,094 --> 01:11:07,655 or they might need. So really very client 1167 01:11:07,655 --> 01:11:11,175 centered, the referral is made into our system, 1168 01:11:11,175 --> 01:11:13,470 and then we connect person with a recovery 1169 01:11:13,470 --> 01:11:16,030 coach who can really understand what that person's 1170 01:11:16,030 --> 01:11:19,390 goals are. Harm reduction focused really just it's 1171 01:11:19,390 --> 01:11:21,950 about saving lives. It's not necessarily about getting 1172 01:11:21,950 --> 01:11:24,910 people to detox or mandating recovery. It's about 1173 01:11:24,910 --> 01:11:27,315 understanding what's going on with folks and connecting 1174 01:11:27,315 --> 01:11:28,995 them to those resources that they most need 1175 01:11:28,995 --> 01:11:31,395 to be the healthiest they can be. That 1176 01:11:31,395 --> 01:11:34,755 program is an amazing program that is going 1177 01:11:34,755 --> 01:11:36,755 through lots of changes now as we expand, 1178 01:11:36,755 --> 01:11:39,180 and we have also two new staff, our 1179 01:11:39,180 --> 01:11:41,180 two DART coordinators who report to me who 1180 01:11:41,180 --> 01:11:42,860 are doing this work and getting to know 1181 01:11:42,860 --> 01:11:45,340 them and getting to know our partners and 1182 01:11:45,340 --> 01:11:47,580 understanding how we can strengthen and further expand 1183 01:11:47,580 --> 01:11:49,500 the DART program has been really interesting for 1184 01:11:49,500 --> 01:11:51,020 me in these last six months that I've 1185 01:11:51,020 --> 01:11:54,565 been on the job. We also have Kara 1186 01:11:54,565 --> 01:11:58,725 McLaughlin, who is the Northampton Prevention Coalition Coordinator. 1187 01:11:58,725 --> 01:12:02,245 So that's our primary prevention coalition. So substance 1188 01:12:02,245 --> 01:12:05,340 use prevention, she works mostly with youth in 1189 01:12:05,340 --> 01:12:07,900 the Northampton Public School System, primarily in the 1190 01:12:07,900 --> 01:12:11,020 high school, but is also engaged with elementary 1191 01:12:11,340 --> 01:12:13,260 school staff and students, as well as the 1192 01:12:13,260 --> 01:12:16,540 middle school. And Kara is also somebody who 1193 01:12:16,540 --> 01:12:19,074 is really a champion for and racial equity 1194 01:12:19,074 --> 01:12:23,074 in our community and involving young people. So 1195 01:12:23,074 --> 01:12:25,474 again, nothing about us without us, really wanting 1196 01:12:25,474 --> 01:12:28,915 to have much more authentic youth engagement on 1197 01:12:28,915 --> 01:12:31,875 the coalition and to encourage everyone to think 1198 01:12:31,875 --> 01:12:36,710 about our privilege as white people. Many of 1199 01:12:36,710 --> 01:12:39,110 us in this work are white people. I'm 1200 01:12:39,110 --> 01:12:40,630 used to working in an environment that's much 1201 01:12:40,630 --> 01:12:42,710 more diverse. So I think we're all really 1202 01:12:42,710 --> 01:12:44,790 thinking about what that means and how we 1203 01:12:44,790 --> 01:12:46,865 can diversify our work workforce, and Cara is 1204 01:12:46,865 --> 01:12:49,905 certainly at the forefront of that conversation. And 1205 01:12:49,905 --> 01:12:52,625 then finally, I work also with Melissa Alouisi, 1206 01:12:52,625 --> 01:12:55,105 who is a brilliant technology manager who is 1207 01:12:55,105 --> 01:12:58,385 helping us to think about our database infrastructure 1208 01:12:58,385 --> 01:13:02,600 and a burgeoning health information exchange data repository 1209 01:13:02,600 --> 01:13:04,680 that will be a place where we can 1210 01:13:05,240 --> 01:13:09,160 sort of collect data sets of publicly available 1211 01:13:09,320 --> 01:13:12,304 de identified data related to opioid overdose, but 1212 01:13:12,304 --> 01:13:14,304 also other public health concerns that the public 1213 01:13:14,304 --> 01:13:16,864 can access. We're working on building that. It's 1214 01:13:16,864 --> 01:13:18,945 a ways off, but she is the person 1215 01:13:18,945 --> 01:13:21,105 championing that and is really doing a wonderful 1216 01:13:21,105 --> 01:13:23,105 job. I didn't mention the names of the 1217 01:13:23,105 --> 01:13:25,824 two DART coordinators. They are Kathy Cotunio and 1218 01:13:25,824 --> 01:13:28,730 Kate Shapiro. So I think that's kind of 1219 01:13:28,730 --> 01:13:30,090 the high level of what I do. I 1220 01:13:30,090 --> 01:13:32,250 also have some responsibility for the Public Health 1221 01:13:32,250 --> 01:13:34,170 Excellence Grant, which I think some of you 1222 01:13:34,170 --> 01:13:36,650 may be familiar with, which is really about 1223 01:13:36,890 --> 01:13:40,245 regional infrastructure building for public health in the 1224 01:13:40,245 --> 01:13:43,925 Commonwealth Of Massachusetts and in Western Mass, where 1225 01:13:43,925 --> 01:13:46,245 we have fewer public health resources compared to 1226 01:13:46,245 --> 01:13:48,405 the Eastern part of the state. So really 1227 01:13:48,405 --> 01:13:50,245 thinking about how we can share our expertise 1228 01:13:50,245 --> 01:13:52,480 in the city of Northampton to help smaller 1229 01:13:52,480 --> 01:13:54,400 boards of health be able to meet the 1230 01:13:54,400 --> 01:13:56,080 public health needs in their communities. I do 1231 01:13:56,080 --> 01:13:59,679 some administrative responsibilities related to that grant. I 1232 01:13:59,679 --> 01:14:02,320 know I'm a fast talker, something that East 1233 01:14:02,320 --> 01:14:03,760 Coast people are a little bit more open 1234 01:14:03,760 --> 01:14:05,760 to than West Coast people, but I hope 1235 01:14:05,760 --> 01:14:08,564 I didn't overwhelm you with too much information. 1236 01:14:08,565 --> 01:14:10,885 That was fairly clear, and I'm happy to 1237 01:14:10,885 --> 01:14:13,764 take any questions. Thank you. That was very 1238 01:14:13,764 --> 01:14:18,244 clear and very comprehensive, and welcome. You. Board 1239 01:14:18,244 --> 01:14:21,780 members, any questions? Do we say your name 1240 01:14:21,780 --> 01:14:27,860 Kiko? It's Kiko. Yeah, Kiko Mallon. Questions? Comments? 1241 01:14:28,740 --> 01:14:31,460 Not a question. Just so happy you're here. 1242 01:14:31,460 --> 01:14:33,060 It's just going to be great to work 1243 01:14:33,060 --> 01:14:35,995 with you. Thank you so much. It's wonderful 1244 01:14:35,995 --> 01:14:37,595 to meet all of you and to listen 1245 01:14:37,595 --> 01:14:39,835 to this conversation today. Really appreciate all of 1246 01:14:39,835 --> 01:14:43,675 your thoughts about these issues. Thank you for 1247 01:14:43,675 --> 01:14:49,530 coming. Sure. Thanks, Kiko. Oh, I forgot one 1248 01:14:49,530 --> 01:14:50,810 thing. Could I if I just could have 1249 01:14:50,810 --> 01:14:52,970 one more minute, which is that February is 1250 01:14:52,970 --> 01:14:55,850 Black History Month. And I was chatting with 1251 01:14:55,850 --> 01:14:58,330 Meredith about what we might do as a 1252 01:14:58,890 --> 01:15:00,890 Department of Health and Human Services to recognize 1253 01:15:00,890 --> 01:15:03,534 that. I'm thinking about it's an opportunity to 1254 01:15:03,534 --> 01:15:06,175 obviously reinvigorate our commitment to racial justice, but 1255 01:15:06,175 --> 01:15:08,895 it's also really an opportunity to celebrate Black 1256 01:15:08,895 --> 01:15:12,655 excellence, Black joy. What is it that we 1257 01:15:12,655 --> 01:15:15,135 want to do? I don't know that we've 1258 01:15:15,135 --> 01:15:18,270 decided just yet. We're thinking about APHA and 1259 01:15:18,270 --> 01:15:22,910 other public health associations will obviously put out 1260 01:15:22,910 --> 01:15:25,630 language and messaging about Black History Month, and 1261 01:15:25,630 --> 01:15:28,350 we may do some posts on our Facebook 1262 01:15:28,350 --> 01:15:30,510 page. There was maybe some thought about a 1263 01:15:30,510 --> 01:15:33,445 proclamation or some kind of statement, So I 1264 01:15:33,445 --> 01:15:35,125 just wanted to raise that as something maybe 1265 01:15:35,125 --> 01:15:37,285 for you all to think about as we 1266 01:15:37,285 --> 01:15:42,085 also figure out what we're doing internally. If 1267 01:15:42,085 --> 01:15:45,445 anybody has any recommendations or thoughts about that, 1268 01:15:46,300 --> 01:15:48,540 we could send them to Kiko or Meredith. 1269 01:15:48,540 --> 01:15:50,620 And if you have a proposal for us, 1270 01:15:50,620 --> 01:15:53,340 why don't you bring that through Meredith, and 1271 01:15:53,340 --> 01:15:55,260 she can send it to us. How's that? 1272 01:15:55,660 --> 01:15:57,980 That sounds great. I'll do that. Thank you. 1273 01:15:57,980 --> 01:16:04,994 Great. Thank you so much. All right. Darrell, 1274 01:16:04,994 --> 01:16:09,394 thanks for staying with us. No problem. All 1275 01:16:09,394 --> 01:16:12,675 right. Next on our agenda is to review 1276 01:16:12,835 --> 01:16:24,390 the model, state tobacco regulation recommendations. And so 1277 01:16:24,390 --> 01:16:26,630 we got a lot of information and some 1278 01:16:26,630 --> 01:16:32,465 confusing documents. So we have a document that's 1279 01:16:32,465 --> 01:16:35,905 called twenty twenty two model regs. And that 1280 01:16:35,905 --> 01:16:38,945 has some checkboxes on that front page. And 1281 01:16:38,945 --> 01:16:42,350 then we got one that was 2023. And 1282 01:16:42,350 --> 01:16:44,430 it's a little confusing because there was nothing 1283 01:16:44,430 --> 01:16:47,870 checked on the front of that one. But 1284 01:16:47,870 --> 01:16:51,550 I think I reviewed this with Meredith and 1285 01:16:51,550 --> 01:16:53,550 I think we're going to use the 2023 1286 01:16:53,550 --> 01:16:56,110 document. And what I did is I sort 1287 01:16:56,110 --> 01:16:59,005 of checked off the boxes on that front 1288 01:16:59,005 --> 01:17:00,685 page. So let me see if I can, 1289 01:17:01,405 --> 01:17:04,525 we can use that front page as sort 1290 01:17:04,525 --> 01:17:07,805 of a way to frame our discussion, of 1291 01:17:07,805 --> 01:17:10,205 take a topic, one topic at a time. 1292 01:17:10,365 --> 01:17:14,920 Cynthia? Yes. Joanne, can I just give a 1293 01:17:14,920 --> 01:17:17,239 little background for our Yes, yes, sure? So 1294 01:17:19,719 --> 01:17:24,440 this is really making the sausage, Janet, and 1295 01:17:24,440 --> 01:17:26,765 Dallas. So What we have done up to 1296 01:17:26,765 --> 01:17:29,165 this point has been a little bit different. 1297 01:17:30,605 --> 01:17:33,565 To let you know, Cheryl Sabara has been 1298 01:17:33,565 --> 01:17:36,525 in the tobacco world work for many, many 1299 01:17:36,525 --> 01:17:43,390 years. Forty five. Oh, jeez. Okay. Hi, Janet. 1300 01:17:43,870 --> 01:17:46,270 I worked with her for the first ten 1301 01:17:46,270 --> 01:17:50,190 of them maybe. And the reason Cheryl's here 1302 01:17:50,190 --> 01:17:52,270 is because she has so much history. And 1303 01:17:52,270 --> 01:17:54,030 the reason we do what we do here 1304 01:17:54,030 --> 01:17:57,605 is that Meredith reminded me today we had 1305 01:17:57,605 --> 01:18:01,605 regs in 2012, '20 '14, '20 '15, '20 1306 01:18:01,605 --> 01:18:05,284 '18 and 2020. So about every two years 1307 01:18:06,325 --> 01:18:10,090 what happens is the tobacco companies get smart 1308 01:18:10,090 --> 01:18:12,970 and then people like Cheryl go to court 1309 01:18:13,130 --> 01:18:15,290 and find out if we could just tweak 1310 01:18:15,290 --> 01:18:17,370 our language a little bit we wouldn't have 1311 01:18:17,370 --> 01:18:19,770 lost so many cases. And so that's why 1312 01:18:19,770 --> 01:18:22,650 Cheryl is here. And so I think I'm 1313 01:18:22,650 --> 01:18:24,330 going to steal your word Cheryl, this is 1314 01:18:24,330 --> 01:18:27,725 a whack a mo game doing this kind 1315 01:18:27,725 --> 01:18:30,605 of policy. We do it on a regular 1316 01:18:30,605 --> 01:18:33,565 basis. It appears to be pretty tedious but 1317 01:18:33,565 --> 01:18:37,485 I think the way it's outlined tonight, what 1318 01:18:37,780 --> 01:18:40,420 our history in Northampton has been is that 1319 01:18:40,420 --> 01:18:44,980 we're a little bit more aggressive in our 1320 01:18:44,980 --> 01:18:47,780 tobacco regulations. Is that the right word Cheryl? 1321 01:18:48,180 --> 01:18:52,565 Yes, although the state law was much more 1322 01:18:52,565 --> 01:18:56,165 comprehensive than we ever anticipated it would be. 1323 01:18:56,325 --> 01:18:59,685 And when did state law get updated? That 1324 01:18:59,685 --> 01:19:01,525 was just this fall? It was passed by 1325 01:19:01,765 --> 01:19:04,245 It was signed by Governor Baker in November 1326 01:19:04,245 --> 01:19:08,270 of twenty nineteen. It went into effect immediately 1327 01:19:08,510 --> 01:19:12,110 as to the electronic nicotine delivery systems. The 1328 01:19:12,110 --> 01:19:15,150 combustible pieces went into effect in June of 1329 01:19:15,150 --> 01:19:18,270 twenty twenty. Oh, I thought it was more 1330 01:19:18,270 --> 01:19:21,864 recent than that. Well, COVID makes it seem 1331 01:19:21,864 --> 01:19:24,025 much more recent because there wasn't a lot 1332 01:19:24,025 --> 01:19:27,305 of activity, when the law actually went into 1333 01:19:27,305 --> 01:19:30,905 effect because no one was going into stores. 1334 01:19:30,905 --> 01:19:33,969 Yeah. So just to give you that history, 1335 01:19:33,970 --> 01:19:36,370 the state had a set of regulations but 1336 01:19:36,370 --> 01:19:39,330 we always had a stronger set in this 1337 01:19:39,330 --> 01:19:43,330 community because we really take serious the impact 1338 01:19:43,330 --> 01:19:46,534 of tobacco on children. So now the state 1339 01:19:46,534 --> 01:19:48,375 has kind of upped its game, but we 1340 01:19:48,375 --> 01:19:51,815 want to make sure that our regulations reflect 1341 01:19:52,054 --> 01:19:54,695 with this board how we want to approach 1342 01:19:54,695 --> 01:19:57,255 this particular issue. I just wanted to give 1343 01:19:57,255 --> 01:19:59,815 you that background. Suzanne has been here forever. 1344 01:20:00,260 --> 01:20:03,060 She knows how we tweak these things and 1345 01:20:04,900 --> 01:20:07,620 we have some opportunities tonight to do some 1346 01:20:07,620 --> 01:20:10,580 different things. Just wanted to provide you with 1347 01:20:10,580 --> 01:20:11,780 that because I know there were a lot 1348 01:20:11,780 --> 01:20:14,385 of documents going back and forth But I 1349 01:20:14,385 --> 01:20:16,224 think the latest latest one you got that 1350 01:20:16,224 --> 01:20:18,224 says yes and no and may not have 1351 01:20:18,224 --> 01:20:20,465 colors on it. I think, we could walk 1352 01:20:20,465 --> 01:20:23,184 through that. So thank you for that time. 1353 01:20:23,744 --> 01:20:26,784 Yeah. So Cheryl has been our guide and 1354 01:20:26,784 --> 01:20:30,730 we often and usually take her recommendations. I'm 1355 01:20:30,730 --> 01:20:33,370 going to share let's try my share my 1356 01:20:33,370 --> 01:20:44,645 screen again. So this is the 2023 sample 1357 01:20:44,645 --> 01:20:47,845 regulations. And what I did is I answered 1358 01:20:47,845 --> 01:20:51,365 these yesno questions. Meredith put it in this 1359 01:20:51,365 --> 01:20:55,045 format basically to say which things we already 1360 01:20:55,045 --> 01:20:57,880 have in our regulations and which things we 1361 01:20:57,880 --> 01:21:01,240 need to discuss. So if it says yes, 1362 01:21:01,240 --> 01:21:03,640 that means we've already approved it and it's 1363 01:21:03,640 --> 01:21:07,320 in our current local regs. And if it's 1364 01:21:07,320 --> 01:21:09,400 no, that it's something we need to address 1365 01:21:09,400 --> 01:21:11,094 whether we want to include it or how 1366 01:21:11,094 --> 01:21:15,574 we want to include it. So Meredith suggested 1367 01:21:15,574 --> 01:21:17,735 that we go through this checklist. I thought 1368 01:21:17,735 --> 01:21:20,135 we'd do that first and then we can 1369 01:21:20,135 --> 01:21:22,775 go through the document. And I have colors 1370 01:21:22,775 --> 01:21:24,375 on my document. I don't know if you 1371 01:21:24,375 --> 01:21:27,010 do, but I have green and yellow, yellow 1372 01:21:27,010 --> 01:21:30,770 being the state regs and green being the 1373 01:21:31,010 --> 01:21:33,170 proposed local regs. But we can do that 1374 01:21:33,170 --> 01:21:37,010 in a minute. I'm sorry, Joanne. Meredith asked 1375 01:21:37,010 --> 01:21:39,105 me to remind everyone that we are not 1376 01:21:39,105 --> 01:21:42,224 voting on anything. We are just having a 1377 01:21:42,224 --> 01:21:46,224 discussion about a direction and then we'll get 1378 01:21:46,224 --> 01:21:49,985 a draft and then probably another draft. So 1379 01:21:49,985 --> 01:21:52,065 there's no votes tonight. That's the way I 1380 01:21:52,065 --> 01:21:55,590 understand it, right? Right. Yeah. So once we 1381 01:21:55,590 --> 01:21:57,430 sort of have this discussion and sort of 1382 01:21:57,430 --> 01:21:59,590 have a proposal of what we would want 1383 01:21:59,590 --> 01:22:02,470 to include in our new regs, Meredith will 1384 01:22:02,470 --> 01:22:04,870 put it all together. And we'll have a 1385 01:22:04,870 --> 01:22:08,585 draft document. And we can discuss that. And 1386 01:22:08,585 --> 01:22:10,345 we're not actually going to vote on it 1387 01:22:10,345 --> 01:22:12,905 until we have a hearing, a forum, a 1388 01:22:12,905 --> 01:22:16,185 public forum, so we can get input from 1389 01:22:16,185 --> 01:22:18,105 the public. And that would be the time 1390 01:22:18,105 --> 01:22:20,105 that we vote. But we would probably want 1391 01:22:20,105 --> 01:22:22,570 to come to a consensus on what we 1392 01:22:22,570 --> 01:22:25,290 are interested in including in our proposal that 1393 01:22:25,290 --> 01:22:28,889 goes that gets presented to the public. Does 1394 01:22:29,449 --> 01:22:33,290 that sound right, Cheryl? Yes. So let's go 1395 01:22:33,290 --> 01:22:37,545 through these. No permit renewal if there's an 1396 01:22:37,545 --> 01:22:41,065 outstanding fine. We already have that in our 1397 01:22:41,065 --> 01:22:44,504 regs. Unless someone has a problem with that, 1398 01:22:44,905 --> 01:22:46,344 I don't think we need to have any 1399 01:22:46,344 --> 01:22:48,264 further discussion. Just stop me if you have 1400 01:22:48,264 --> 01:22:51,970 a question. No permit renewal if three sales 1401 01:22:51,970 --> 01:22:54,930 to persons 21. I believe we already have 1402 01:22:54,930 --> 01:22:58,690 that in our regs. I need to I 1403 01:22:58,690 --> 01:23:03,570 don't think you do. But we can check 1404 01:23:03,570 --> 01:23:07,555 on that. Okay. Because that's a relatively new 1405 01:23:07,555 --> 01:23:11,555 strategy. Do you have any comments on We 1406 01:23:12,515 --> 01:23:16,115 had started going through this before. I can't 1407 01:23:16,115 --> 01:23:17,955 see the top of this. Is this still 1408 01:23:17,955 --> 01:23:20,929 say 2022 on it? This top of this 1409 01:23:20,929 --> 01:23:24,770 one is the 2023. It's slightly different. This 1410 01:23:24,770 --> 01:23:27,570 the last thing that got sent out? Yes. 1411 01:23:27,570 --> 01:23:30,530 Just went with the agenda, but there were 1412 01:23:30,530 --> 01:23:32,850 lots of documents. At least on my computer, 1413 01:23:33,365 --> 01:23:35,045 they end up all over the page and 1414 01:23:35,045 --> 01:23:37,845 I miss some of them. A little confusing, 1415 01:23:37,845 --> 01:23:41,765 but I do, I have, when we started 1416 01:23:41,765 --> 01:23:44,245 going over the same thing that said 2022 1417 01:23:44,245 --> 01:23:46,645 on the top. They really are the same. 1418 01:23:46,645 --> 01:23:50,230 It did say that we had discussed that 1419 01:23:50,230 --> 01:23:53,510 we did have that number two. That's what 1420 01:23:53,510 --> 01:23:57,270 Meredith has said. What I have for your 1421 01:23:57,270 --> 01:24:02,550 2022 says you don't. But I can just 1422 01:24:02,550 --> 01:24:04,390 follow-up with that. That's no big deal. Okay. 1423 01:24:05,344 --> 01:24:07,344 Well, let's talk about it. How do people 1424 01:24:07,344 --> 01:24:09,425 feel about that? If there's three sales to 1425 01:24:09,425 --> 01:24:11,585 persons 21, which we think is sort of 1426 01:24:11,585 --> 01:24:19,740 a big no no, Do we not renew 1427 01:24:19,740 --> 01:24:24,460 their permit? Cheryl, the state regs are thirty 1428 01:24:24,460 --> 01:24:27,420 six months? The state regs are thirty six 1429 01:24:27,420 --> 01:24:30,620 months and what you would do before you 1430 01:24:30,620 --> 01:24:32,735 would not renew a permit, you would have 1431 01:24:32,735 --> 01:24:35,855 them in for a hearing determine whether or 1432 01:24:35,855 --> 01:24:42,655 But if our regs say that the, what 1433 01:24:42,655 --> 01:24:44,735 do you call it, tolling? Tolling period. The 1434 01:24:44,735 --> 01:24:47,135 tolling period. That's a question you're going to 1435 01:24:47,135 --> 01:24:50,630 have to decide. Right, because like in the 1436 01:24:50,630 --> 01:24:54,230 case we just discussed, if the three times 1437 01:24:54,230 --> 01:24:56,790 happened over a period of eight years, that's 1438 01:24:56,790 --> 01:24:59,990 a very different thing to consider than if 1439 01:24:59,990 --> 01:25:02,070 it happened over a period of thirty six 1440 01:25:02,070 --> 01:25:05,784 months. That's one of the issues that you 1441 01:25:05,784 --> 01:25:08,505 need to think about. You want to keep, 1442 01:25:08,905 --> 01:25:13,625 well, we're jumping all over right now, there 1443 01:25:13,625 --> 01:25:18,749 are two potentials here. Number one, you could 1444 01:25:18,830 --> 01:25:22,429 go with the state penalty and tolling period 1445 01:25:22,670 --> 01:25:26,989 if you want for all of the sections 1446 01:25:26,989 --> 01:25:29,715 that are in the state law, And you 1447 01:25:29,715 --> 01:25:33,795 could continue doing what you do locally, which 1448 01:25:33,795 --> 01:25:37,395 is no tolling period for those that are 1449 01:25:37,395 --> 01:25:41,235 unique to Northampton. That's one approach. The other 1450 01:25:41,235 --> 01:25:44,150 approach would be to get rid of tolling 1451 01:25:44,150 --> 01:25:48,870 periods altogether and just go back to the 1452 01:25:48,870 --> 01:25:51,989 beginning of time and if, you know, there 1453 01:25:51,989 --> 01:25:57,030 are three violations in twenty years or whatever, 1454 01:25:58,705 --> 01:26:01,105 you know, you could do it that way. 1455 01:26:01,105 --> 01:26:03,745 It's really up to you how you want 1456 01:26:03,745 --> 01:26:06,304 to do that. Do you have any, do 1457 01:26:06,304 --> 01:26:10,304 you have a recommendation? Well, I mean, years 1458 01:26:10,304 --> 01:26:17,050 is a long time. I don't know. It 1459 01:26:17,050 --> 01:26:19,770 would really be up to you and your 1460 01:26:19,770 --> 01:26:22,810 staff. Do you have records that would go 1461 01:26:22,810 --> 01:26:25,210 back? I mean, how long do your records 1462 01:26:25,210 --> 01:26:30,175 go back? I don't know. You know, and 1463 01:26:30,175 --> 01:26:32,574 how long do they go back for each 1464 01:26:33,455 --> 01:26:37,455 retailer? Is it different? I don't know. So, 1465 01:26:38,770 --> 01:26:41,170 I've been asked this question once before and 1466 01:26:41,170 --> 01:26:43,330 now I think it's probably, it was probably 1467 01:26:43,330 --> 01:26:46,610 Lisa, my colleague from MMA, that asked it 1468 01:26:46,610 --> 01:26:50,290 because of you. We don't have any municipalities 1469 01:26:50,290 --> 01:26:53,805 that don't have any tolling period. In fact, 1470 01:26:53,805 --> 01:26:57,485 most municipalities had either twenty four or thirty 1471 01:26:57,485 --> 01:27:01,165 six months. Now they can, the twenty four 1472 01:27:01,165 --> 01:27:05,005 months are invalid because they're less strict than 1473 01:27:05,005 --> 01:27:07,870 the state. But again, you know, I it's 1474 01:27:07,870 --> 01:27:10,750 it's up to you. You don't have, you 1475 01:27:10,910 --> 01:27:13,550 could have, you know, forty eight month, you 1476 01:27:13,550 --> 01:27:14,990 could have a four year instead of a 1477 01:27:14,990 --> 01:27:19,870 three year. It's really your decision. It's it's 1478 01:27:19,870 --> 01:27:25,195 not frequent that we, well, we haven't seen 1479 01:27:25,435 --> 01:27:30,635 no tolling period at all. But except in 1480 01:27:30,635 --> 01:27:34,395 Northampton. I guess our goal was just not 1481 01:27:34,395 --> 01:27:40,150 to continue to permit recurrent offenders like what's 1482 01:27:40,150 --> 01:27:44,070 going to change? Well, that is why and 1483 01:27:44,070 --> 01:27:46,870 I checked your regulation does not have it. 1484 01:27:47,110 --> 01:27:50,070 Your current regulation does not have it. But 1485 01:27:50,305 --> 01:27:54,465 if someone sells three times within a three 1486 01:27:54,465 --> 01:27:58,145 year period, that's egregious and you may want 1487 01:27:58,145 --> 01:28:01,345 to revoke that permit, not suspend it, but 1488 01:28:01,345 --> 01:28:05,280 revoke it. There's another section in the new 1489 01:28:05,280 --> 01:28:08,400 regulation that would say if there's any, if 1490 01:28:08,400 --> 01:28:12,560 if the board thinks any violations, if if 1491 01:28:12,560 --> 01:28:14,640 you have four or more violations and they're 1492 01:28:14,640 --> 01:28:18,145 egregious, then you may want to revoke it. 1493 01:28:18,145 --> 01:28:21,265 I mean, it's, there are two different sections 1494 01:28:21,265 --> 01:28:26,545 that deal with revocations of permits. So it's, 1495 01:28:28,000 --> 01:28:30,880 you may just want to reconsider it, whether 1496 01:28:30,880 --> 01:28:35,200 you want to do no time limit at 1497 01:28:35,200 --> 01:28:37,840 all, or you want to stay with what 1498 01:28:37,840 --> 01:28:42,425 the state law says. I'm looking at the 1499 01:28:42,425 --> 01:28:45,065 proposed regulations here in the case of four 1500 01:28:45,065 --> 01:28:50,425 violations or repeated egregious violations of any section 1501 01:28:50,425 --> 01:28:53,625 of the regulation as determined by the Board 1502 01:28:53,625 --> 01:28:56,425 of Health and what we put in here 1503 01:28:56,490 --> 01:28:59,290 is within a thirty six month period, the 1504 01:28:59,290 --> 01:29:01,530 board shall hold a hearing, and after the 1505 01:29:01,530 --> 01:29:04,490 hearing, may permanently revoke the tobacco sales permit. 1506 01:29:04,890 --> 01:29:07,050 That's a pretty big stick if you're going 1507 01:29:07,050 --> 01:29:09,705 to permanently revoke it. What do you consider 1508 01:29:09,705 --> 01:29:11,625 egregious? Are there some things that are more 1509 01:29:11,625 --> 01:29:14,745 egregious than others? Well, yeah. I mean, I 1510 01:29:14,745 --> 01:29:17,705 think not having signs up is probably not 1511 01:29:17,705 --> 01:29:21,225 egregious. I think selling to someone under the 1512 01:29:21,225 --> 01:29:26,320 age of 21 once a year is pretty 1513 01:29:26,320 --> 01:29:31,120 egregious. I think selling flavored tobacco products is 1514 01:29:31,120 --> 01:29:34,720 pretty egregious and what we're seeing, what's happening 1515 01:29:34,720 --> 01:29:38,435 now is that because the law is so 1516 01:29:38,435 --> 01:29:41,875 strict, the state law is so strict, those 1517 01:29:41,875 --> 01:29:44,915 stores that are tobacconists, you call them, we 1518 01:29:44,915 --> 01:29:47,955 call them adult only retail tobacco stores, those 1519 01:29:47,955 --> 01:29:51,820 stores now cannot sell flavored products. So the 1520 01:29:51,820 --> 01:29:57,100 only advantage they have over a regular convenience 1521 01:29:57,100 --> 01:29:59,660 store is that they can sell high test 1522 01:29:59,660 --> 01:30:02,955 liquid nicotine. That's it. They can't sell anything 1523 01:30:02,955 --> 01:30:05,995 else. So what we're seeing across the state 1524 01:30:06,155 --> 01:30:12,075 is we're seeing these stores, needing to either 1525 01:30:12,075 --> 01:30:15,675 change their business plan or they're selling illegal 1526 01:30:15,675 --> 01:30:19,510 product product because they can't survive as a 1527 01:30:19,510 --> 01:30:22,790 smoke shop that can only sell unless they're 1528 01:30:22,790 --> 01:30:25,830 high end tobacconists that sell, you know, that 1529 01:30:25,830 --> 01:30:29,990 have always sold, you know, high expensive cigars. 1530 01:30:30,435 --> 01:30:36,034 Otherwise, smaller tobacconists, their business plan is not, 1531 01:30:36,034 --> 01:30:38,994 has been basically wiped out by the new 1532 01:30:38,994 --> 01:30:42,675 state law. Cheryl, would we not have to 1533 01:30:42,675 --> 01:30:48,880 define egregious, which sounds like a complicated matter? 1534 01:30:49,040 --> 01:30:52,160 Well, egregious is one of those words that 1535 01:30:52,160 --> 01:30:56,720 I would not have used, but for violations 1536 01:30:56,720 --> 01:31:01,515 or repeated violations. So if, you know, we 1537 01:31:01,515 --> 01:31:06,235 have some really unfortunately, we have some stores 1538 01:31:06,235 --> 01:31:10,715 that are selling out of the back windows. 1539 01:31:10,715 --> 01:31:15,460 They're hiding their flavored tobacco products in microwaves, 1540 01:31:16,180 --> 01:31:18,739 and taking them out when they know people 1541 01:31:18,739 --> 01:31:23,380 that are coming in. They're selling tobacco that 1542 01:31:23,380 --> 01:31:26,215 doesn't have any excise stamps on it or 1543 01:31:26,215 --> 01:31:29,655 that has out of state excise stamps on 1544 01:31:29,655 --> 01:31:35,015 them. The DOR is confiscating cases and cases 1545 01:31:35,015 --> 01:31:41,480 of menthol tobacco. So, think it's egregious is 1546 01:31:41,480 --> 01:31:45,960 really, it's hard when you see it, you 1547 01:31:45,960 --> 01:31:49,079 know it. When they've been reported to the 1548 01:31:49,079 --> 01:31:52,965 Department of Revenue and, you know, you're getting 1549 01:31:52,965 --> 01:31:55,445 calls and complaints about them. You know, we 1550 01:31:55,445 --> 01:31:59,045 caught a furniture store selling flavored tobacco products 1551 01:31:59,045 --> 01:32:01,445 to the kids that knew to go to 1552 01:32:01,445 --> 01:32:05,320 that furniture store after school. So if it 1553 01:32:05,320 --> 01:32:06,920 walks like a duck and talks like a 1554 01:32:06,920 --> 01:32:10,520 duck, it's a duck and that's where the 1555 01:32:10,520 --> 01:32:15,080 egregious piece comes in. So, I would go 1556 01:32:15,080 --> 01:32:17,800 ahead. I'm sorry, go ahead, Suzanne. I was 1557 01:32:17,800 --> 01:32:20,804 gonna say, if we're at the point of 1558 01:32:22,164 --> 01:32:30,324 contemplating withdrawal of a licensure, think there would 1559 01:32:30,324 --> 01:32:34,420 be substantial pushback if we had not defined 1560 01:32:34,420 --> 01:32:39,540 egregious. I hope we don't get there, but 1561 01:32:39,540 --> 01:32:43,780 that all leads me to the fact that 1562 01:32:43,780 --> 01:32:47,074 I think that we had, I go back 1563 01:32:47,074 --> 01:32:49,955 to a wise person, Cheryl Sabaro, who once 1564 01:32:49,955 --> 01:32:52,515 said earlier on this call, we're all about 1565 01:32:52,515 --> 01:32:59,955 compliance. Compliance, right. Not being punitive. And I 1566 01:32:59,955 --> 01:33:05,180 think that there's trying to get to compliance 1567 01:33:05,180 --> 01:33:08,140 and the other is confusing people who have 1568 01:33:08,140 --> 01:33:10,860 to follow these regulations. And I think when 1569 01:33:10,860 --> 01:33:15,715 we diverge from the state regs, especially updated 1570 01:33:15,715 --> 01:33:21,475 state regs, we cause confusion, which does not 1571 01:33:21,475 --> 01:33:26,995 help compliance. Correct. So by and large, unless 1572 01:33:26,995 --> 01:33:29,940 there's something that really jumps out at me 1573 01:33:29,940 --> 01:33:34,420 in this list, my perspective is to go 1574 01:33:34,420 --> 01:33:39,220 with the new regs. Well, I think it's 1575 01:33:39,220 --> 01:33:41,795 not really a question of going with the 1576 01:33:41,795 --> 01:33:43,715 new regs. We have to take the state 1577 01:33:43,715 --> 01:33:46,755 regs. No, I mean not going any stricter. 1578 01:33:47,235 --> 01:33:50,995 We've always gone stricter. Half of our statement 1579 01:33:50,995 --> 01:33:56,929 has been things other than And Cheryl's recommendation 1580 01:33:57,409 --> 01:34:00,130 have been items that have not been in 1581 01:34:00,130 --> 01:34:03,730 the state reg. So we've always done that. 1582 01:34:04,145 --> 01:34:05,985 Can I jump in for a second? I 1583 01:34:05,985 --> 01:34:09,505 know that, when we, do adapt regulations and 1584 01:34:09,505 --> 01:34:11,745 we go to the hearing and it passes 1585 01:34:11,745 --> 01:34:14,065 that the plan would be to have like 1586 01:34:14,065 --> 01:34:17,510 a really strong education plan to like get 1587 01:34:17,510 --> 01:34:21,190 them there because it is confusing for them. 1588 01:34:21,190 --> 01:34:23,510 They're still confused on no menthol so we 1589 01:34:23,510 --> 01:34:26,870 want to you know really do our best 1590 01:34:26,870 --> 01:34:28,870 to to get them there. And then I 1591 01:34:28,870 --> 01:34:31,495 know I'm jumping because Cheryl said we're still 1592 01:34:31,495 --> 01:34:33,974 up at like, I think number two. But 1593 01:34:33,975 --> 01:34:36,135 Cynthia, when we talked to Meredith today and 1594 01:34:36,135 --> 01:34:39,335 we talked about the first violation, the state 1595 01:34:39,335 --> 01:34:41,335 says one in seven, she was clear on 1596 01:34:41,335 --> 01:34:44,230 saying one and second violation, seven days and 1597 01:34:44,230 --> 01:34:47,350 third violation, thirty days. She wanted to say 1598 01:34:47,350 --> 01:34:54,230 fourth violation would be permit revocation. That whether 1599 01:34:54,230 --> 01:34:59,625 regardless of egregious, that would be her step 1600 01:34:59,625 --> 01:35:04,665 as far as, like, the the violations that 1601 01:35:04,665 --> 01:35:06,585 then will match up, I think, with the 1602 01:35:06,585 --> 01:35:10,489 fines. Well, and then you need to consider 1603 01:35:10,490 --> 01:35:13,050 if you don't have a tolling period, it's 1604 01:35:13,050 --> 01:35:16,650 four violations from the beginning of time. Yeah. 1605 01:35:16,650 --> 01:35:19,130 And I think that's what Suzanne was getting 1606 01:35:19,130 --> 01:35:22,250 at, was saying we're about compliance, not about 1607 01:35:22,250 --> 01:35:25,355 punishment. If someone hasn't had an offense for 1608 01:35:25,355 --> 01:35:29,995 ten years and then has one that's technically 1609 01:35:29,995 --> 01:35:33,115 a fourth offense, but they happened back in 1610 01:35:33,115 --> 01:35:38,280 the 30s, do you really, does that, is 1611 01:35:38,280 --> 01:35:41,000 that, are you getting compliance there or are 1612 01:35:41,000 --> 01:35:44,040 you punishing? Right, right. Well, I think we 1613 01:35:44,040 --> 01:35:47,480 would start fresh from these new regs. So, 1614 01:35:47,480 --> 01:35:49,639 me just tell you what Conquer did a 1615 01:35:49,639 --> 01:35:52,795 couple of nights ago. They did something that 1616 01:35:52,795 --> 01:35:57,594 Suzanne has sort of suggested here. They have 1617 01:35:57,594 --> 01:36:00,715 asked me to draft a reg that just 1618 01:36:00,715 --> 01:36:04,909 incorporates the state law and that also has 1619 01:36:04,909 --> 01:36:09,790 whatever is currently in existence in your own 1620 01:36:09,790 --> 01:36:15,630 regulation, your own local strategies that are already 1621 01:36:15,630 --> 01:36:18,425 in this reg. And that's what they wanted 1622 01:36:18,425 --> 01:36:22,585 to do first. And they wanted to vote 1623 01:36:22,585 --> 01:36:25,784 on that. And then, you know, a little 1624 01:36:25,784 --> 01:36:28,585 bit, you know, further down the line, they 1625 01:36:28,585 --> 01:36:32,310 would consider looking at other issues. And one 1626 01:36:32,310 --> 01:36:34,630 of the reasons they wanted to do that 1627 01:36:34,949 --> 01:36:40,309 is because right now, every retailer in Northampton 1628 01:36:40,710 --> 01:36:43,270 has to comply with the state law, whether 1629 01:36:43,270 --> 01:36:45,745 it's in your regulations or not. And Donna 1630 01:36:45,745 --> 01:36:51,265 can attest to that. The collaborative and Meredith, 1631 01:36:51,265 --> 01:36:53,825 there's been a lot of education, a lot 1632 01:36:53,825 --> 01:36:56,225 of outreach, a lot of visits about what 1633 01:36:56,225 --> 01:37:00,190 the state law says. Everyone's aware of what 1634 01:37:00,190 --> 01:37:02,590 the state law says or should be because 1635 01:37:02,590 --> 01:37:07,469 they've received written information, emails, and in person 1636 01:37:07,469 --> 01:37:11,675 visits. So if you did just adopt the 1637 01:37:11,675 --> 01:37:16,315 state, incorporate the state sections into what you 1638 01:37:16,315 --> 01:37:19,995 currently have, you could do that even without, 1639 01:37:19,995 --> 01:37:22,155 you could do it by voting, but you 1640 01:37:22,155 --> 01:37:23,915 wouldn't even need to hold a public hearing 1641 01:37:23,915 --> 01:37:28,449 because you're not changing anything. You're just incorporating 1642 01:37:28,449 --> 01:37:31,810 what is already the law and then ones 1643 01:37:31,810 --> 01:37:34,929 that have been the law since 2020. That's 1644 01:37:34,929 --> 01:37:43,005 one approach that's pretty simple. Although in your 1645 01:37:43,005 --> 01:37:44,765 case you would have to determine what you 1646 01:37:44,765 --> 01:37:48,445 want to do with that tolling period. So 1647 01:37:48,925 --> 01:37:52,365 I'm a little confused. Are you proposing that 1648 01:37:52,365 --> 01:37:55,110 we keep our local regs and sort of 1649 01:37:55,110 --> 01:37:56,870 mix in the state regs, which is what 1650 01:37:56,870 --> 01:37:59,030 we're I'm saying that's an easy way to 1651 01:37:59,030 --> 01:38:03,510 do it, but it doesn't incorporate some of 1652 01:38:03,510 --> 01:38:06,955 the new strategies that we have. But it 1653 01:38:06,955 --> 01:38:10,715 doesn't eliminate the strategies we've already put in 1654 01:38:10,715 --> 01:38:14,554 place. It does not eliminate them at all, 1655 01:38:14,795 --> 01:38:17,514 but it doesn't add some of the strategies, 1656 01:38:18,155 --> 01:38:20,795 like the density strategies that are out there 1657 01:38:20,795 --> 01:38:25,970 now. It doesn't incorporate them, you know, then 1658 01:38:25,970 --> 01:38:27,970 you can do it the traditional way and 1659 01:38:27,970 --> 01:38:30,290 just we'll look at all of this, we'll 1660 01:38:30,290 --> 01:38:32,370 have a few working sessions, we'll go through 1661 01:38:32,370 --> 01:38:36,370 it. There aren't that many new strategies that 1662 01:38:36,370 --> 01:38:39,614 are in here for you because you've adopted 1663 01:38:40,094 --> 01:38:43,855 a lot of these already. So it's up 1664 01:38:43,855 --> 01:38:46,014 to you how you want to do this. 1665 01:38:46,335 --> 01:38:48,494 And I know we're just on number two 1666 01:38:50,574 --> 01:38:55,310 now. Yeah. There's so much to discuss. It 1667 01:38:55,310 --> 01:38:58,510 seems to me that the tolling period's really 1668 01:38:58,510 --> 01:39:03,469 crucial. It is. In all of these in 1669 01:39:03,469 --> 01:39:06,875 all of It is. Mean, shouldn't we start 1670 01:39:06,875 --> 01:39:11,034 with that knowing and making a decision about 1671 01:39:11,034 --> 01:39:14,715 that? I that would be a prudent way 1672 01:39:14,715 --> 01:39:18,155 to approach it because that really colors everything. 1673 01:39:19,670 --> 01:39:23,590 Right. If I can just jump in for 1674 01:39:23,590 --> 01:39:25,190 one second, I want to reiterate something that 1675 01:39:25,190 --> 01:39:27,430 Cheryl just brought up, being a tobacco control 1676 01:39:27,430 --> 01:39:30,790 officer with the Pioneer Valley Tobacco Control, we 1677 01:39:31,190 --> 01:39:34,594 visit each and every store in Western Mass, 1678 01:39:34,915 --> 01:39:39,715 29 towns, actually 31 towns now, multiple times 1679 01:39:39,715 --> 01:39:43,315 throughout the year. Not only educating, we're visiting 1680 01:39:43,315 --> 01:39:45,870 and doing price checks for the state. We're 1681 01:39:45,870 --> 01:39:48,110 bringing youth in to try and purchase tobacco. 1682 01:39:48,110 --> 01:39:49,870 But the education part of it is the 1683 01:39:49,870 --> 01:39:51,870 biggest part we do. And we spend a 1684 01:39:51,870 --> 01:39:53,870 lot of time with the owners and the 1685 01:39:53,870 --> 01:39:56,989 clerks, any anybody who's working at the store, 1686 01:39:56,989 --> 01:40:01,555 answering questions, pointing out some of the items 1687 01:40:01,555 --> 01:40:04,435 that they're carrying that may be, something they 1688 01:40:04,435 --> 01:40:06,835 shouldn't have on their shelves, including still menthol 1689 01:40:06,835 --> 01:40:09,955 and flavored items as they've known, you know, 1690 01:40:09,955 --> 01:40:12,275 in three years now. So, we're repeating and 1691 01:40:12,275 --> 01:40:15,875 repeating and repeating and repeating, the same information 1692 01:40:16,010 --> 01:40:18,970 over and over. So, that egregious word comes 1693 01:40:18,970 --> 01:40:22,090 in because I think mainly because, you know, 1694 01:40:22,090 --> 01:40:25,050 you still get after all this education over 1695 01:40:25,050 --> 01:40:26,970 and over and over multiple times throughout the 1696 01:40:26,970 --> 01:40:28,730 year, they still say, oh, I didn't know. 1697 01:40:29,205 --> 01:40:32,085 So, it's hard to really, you know, say, 1698 01:40:32,085 --> 01:40:34,645 Oh, okay. So, how do we get that 1699 01:40:34,645 --> 01:40:39,445 point across? We really do spend a lot 1700 01:40:39,445 --> 01:40:40,645 of time with each and every one of 1701 01:40:40,645 --> 01:40:42,980 them. We give out our cards, we give 1702 01:40:42,980 --> 01:40:45,860 them our personal numbers, you know, we're constantly 1703 01:40:45,860 --> 01:40:49,700 bringing in, guidance, you know, handouts, you know, 1704 01:40:49,700 --> 01:40:52,580 answering any questions they might have, any anything 1705 01:40:52,580 --> 01:40:55,175 at any time. If they have even a, 1706 01:40:55,175 --> 01:40:57,094 you know, a vendor in the store saying, 1707 01:40:57,094 --> 01:40:58,454 You can buy these, go ahead. You know, 1708 01:40:58,454 --> 01:40:59,895 you can carry these. Don't worry about it. 1709 01:40:59,895 --> 01:41:02,375 It's not in your estate laws. They can 1710 01:41:02,375 --> 01:41:04,054 call us and say, Hey, before I purchase 1711 01:41:04,054 --> 01:41:05,574 this, what do you think about this? Are 1712 01:41:05,574 --> 01:41:07,494 they pulling the wool over our eyes? So, 1713 01:41:07,494 --> 01:41:09,730 I mean, we really are out there giving 1714 01:41:09,730 --> 01:41:12,849 them an abundance of education on where these 1715 01:41:12,849 --> 01:41:18,210 laws are and even their local laws. Thank 1716 01:41:18,210 --> 01:41:29,575 you. So, where to start? Well, I think 1717 01:41:29,575 --> 01:41:32,535 Janet is on to something, but I think 1718 01:41:32,535 --> 01:41:35,735 we can go through the checklist if you 1719 01:41:35,735 --> 01:41:39,840 want to share your screen again. I think 1720 01:41:39,840 --> 01:41:44,639 we if we just concentrate on these strategies 1721 01:41:44,639 --> 01:41:46,880 and whether you have them or don't have 1722 01:41:46,880 --> 01:41:50,239 them, I think that's a good idea. And 1723 01:41:50,239 --> 01:41:56,145 is that this is, is that how you 1724 01:41:56,145 --> 01:41:58,864 circle these? Because normally when we circle these, 1725 01:41:58,864 --> 01:42:00,465 we circle these as to this is what 1726 01:42:00,465 --> 01:42:03,825 I like to include in the regulation. This 1727 01:42:03,825 --> 01:42:08,650 is whether they're currently in our policy or 1728 01:42:08,650 --> 01:42:10,650 not. So I think number two is written 1729 01:42:10,650 --> 01:42:12,730 wrong, as you say, that you think that's 1730 01:42:12,730 --> 01:42:16,170 not currently in our policy. Number three is 1731 01:42:16,170 --> 01:42:19,594 wrong, and number three is wrong also. We 1732 01:42:19,594 --> 01:42:22,155 do have a cap, but I guess we 1733 01:42:22,155 --> 01:42:24,955 do a Yes. Yeah. We do, but the 1734 01:42:24,955 --> 01:42:27,275 question was whether we wanted to modify that. 1735 01:42:28,554 --> 01:42:30,715 Okay. Well, you have a simple cap and 1736 01:42:30,715 --> 01:42:36,280 you have the reducing cap. Okay. And I 1737 01:42:36,280 --> 01:42:38,840 don't know you have a different license for 1738 01:42:38,840 --> 01:42:42,679 a tobacconist than you do for a retail 1739 01:42:42,679 --> 01:42:52,385 tobacco store. We do. Yep. I don't know 1740 01:42:52,385 --> 01:42:54,864 what the difference is because I don't see 1741 01:42:55,185 --> 01:42:58,705 a difference in the capping, but we can 1742 01:42:58,705 --> 01:43:00,305 look at it. But you do. You have 1743 01:43:00,305 --> 01:43:03,870 a separate, you have a tobacconist establishment permit 1744 01:43:03,870 --> 01:43:08,910 holder and a regular permit holder. Oh, it's 1745 01:43:08,910 --> 01:43:11,790 not clear whether that includes both? The cap 1746 01:43:11,790 --> 01:43:18,455 includes both? No, the tobacco establishment is your 1747 01:43:18,455 --> 01:43:23,574 definition of tobacconist, which is a store that 1748 01:43:23,574 --> 01:43:28,650 doesn't allow anyone in who's 21. So you 1749 01:43:28,650 --> 01:43:30,489 have two different permits and then you have 1750 01:43:30,489 --> 01:43:33,370 a permit holder. So you have a tobacconist 1751 01:43:33,370 --> 01:43:37,370 permit holder and a permit holder. I'm not 1752 01:43:37,370 --> 01:43:42,005 sure why you have two. Well, think the 1753 01:43:42,005 --> 01:43:44,885 tobacconists used to be able to sell flavors. 1754 01:43:44,885 --> 01:43:46,965 Is that right? Yes, they did use to 1755 01:43:46,965 --> 01:43:50,165 be able to sell flavors. Right. So maybe 1756 01:43:50,165 --> 01:43:53,045 that's why you, but so did the, well, 1757 01:43:53,570 --> 01:43:55,970 so did the convenience stores, but I, that's 1758 01:43:55,970 --> 01:43:58,130 all right. Well, we can work on, I 1759 01:43:58,130 --> 01:43:59,970 don't know that you need two separate permits 1760 01:43:59,970 --> 01:44:04,290 is what I'm Unless you want to cap 1761 01:44:04,290 --> 01:44:08,115 the number of tobacconists in the town versus 1762 01:44:08,115 --> 01:44:11,075 the number of permit holders. Sounds like the 1763 01:44:11,075 --> 01:44:14,594 new regulations cap Make it so strict. Yeah. 1764 01:44:16,595 --> 01:44:19,955 There's no advantage to being a tobacconist anymore 1765 01:44:20,119 --> 01:44:24,199 Unless you're a high end cigar shop and 1766 01:44:24,199 --> 01:44:28,119 then you've always been that. I think Meredith 1767 01:44:28,119 --> 01:44:30,599 wanted to look at what was our cap 1768 01:44:30,679 --> 01:44:32,840 and then if we were under our cap, 1769 01:44:33,079 --> 01:44:36,755 could we reduce it to where we were 1770 01:44:36,755 --> 01:44:39,075 now? So say our cap is 20 and 1771 01:44:39,075 --> 01:44:41,475 we only have 16 permits out there, let's 1772 01:44:41,475 --> 01:44:43,715 reduce it to 16 and then we could 1773 01:44:43,875 --> 01:44:45,555 always keep going if that's what we wanted 1774 01:44:45,555 --> 01:44:47,870 to do, or we could stay there. I 1775 01:44:47,870 --> 01:44:49,790 I Yeah. What we norm what the normal 1776 01:44:49,790 --> 01:44:52,350 language is is that you set a cap 1777 01:44:52,510 --> 01:44:54,510 and then the way you do it, also 1778 01:44:54,510 --> 01:44:57,230 have the advanced cap so you would retire 1779 01:44:57,230 --> 01:45:01,230 permits that were not that were returned because 1780 01:45:01,230 --> 01:45:04,215 the person doesn't sell tobacco anymore or they 1781 01:45:04,215 --> 01:45:07,335 close the business and don't sell it to 1782 01:45:07,335 --> 01:45:09,735 someone else who wants a convenience store. And 1783 01:45:09,735 --> 01:45:12,215 then you put language in there that says 1784 01:45:12,215 --> 01:45:16,215 and the number of permits shall be reduced 1785 01:45:17,140 --> 01:45:19,060 based on the number of permits that have 1786 01:45:19,060 --> 01:45:21,700 been turned in. Right now your reg says 1787 01:45:21,700 --> 01:45:30,605 29. Right. I remember discussion about the difficulty 1788 01:45:30,605 --> 01:45:35,645 in reducing the cap upon a sale of 1789 01:45:35,645 --> 01:45:39,965 a business. We've cleaned that up. Okay. In 1790 01:45:39,965 --> 01:45:44,780 the new language, it's much more clear. This 1791 01:45:44,940 --> 01:45:48,300 is why I advocate starting from the position 1792 01:45:48,300 --> 01:45:50,620 of the new state regs. Yeah, but the 1793 01:45:50,620 --> 01:45:53,660 new state regs, of course, doesn't, don't address 1794 01:45:53,660 --> 01:45:57,695 capping in the new state regs. So we've 1795 01:45:57,695 --> 01:46:00,974 cleaned up, the TA providers have cleaned up 1796 01:46:00,974 --> 01:46:04,175 the language on the capping section that I 1797 01:46:04,175 --> 01:46:05,935 think will make you very happy because it 1798 01:46:05,935 --> 01:46:09,660 it it's much cleaner. And you clearly, I 1799 01:46:09,660 --> 01:46:13,180 don't think you have 29 anymore, right? Yeah, 1800 01:46:13,180 --> 01:46:15,260 I don't think so. Yeah, so you would 1801 01:46:15,260 --> 01:46:18,620 start with whatever the current number is. At 1802 01:46:18,940 --> 01:46:20,460 one of the meetings I was at, and 1803 01:46:20,460 --> 01:46:23,205 I've only been to a few, I think 1804 01:46:23,205 --> 01:46:25,605 Meredith must have said that we have 24 1805 01:46:25,605 --> 01:46:30,325 currently. Okay, that would make sense. So we 1806 01:46:30,325 --> 01:46:32,805 could start there and then decrease them as 1807 01:46:32,805 --> 01:46:35,780 they get returned. It seems as though we 1808 01:46:35,780 --> 01:46:38,420 have decreased that cap every single time we 1809 01:46:38,420 --> 01:46:41,139 have revisited these regs. Yeah. Which is great 1810 01:46:41,139 --> 01:46:45,940 news. Which is great. That's a success. Absolutely. 1811 01:46:46,735 --> 01:46:49,535 So if a business is sold, they can 1812 01:46:49,535 --> 01:46:53,935 still transfer that license? The business, and this 1813 01:46:53,935 --> 01:46:57,935 is a political decision, if the business is 1814 01:46:57,935 --> 01:47:01,780 sold, let's say one convenience store is selling 1815 01:47:01,780 --> 01:47:05,540 their entire business to a new owner. Okay. 1816 01:47:06,260 --> 01:47:08,900 The new owner has the ability to capture 1817 01:47:08,900 --> 01:47:12,420 that permit because when you're selling your business, 1818 01:47:12,420 --> 01:47:14,500 you're selling your business with all the permits 1819 01:47:14,500 --> 01:47:20,045 that you have. So, Newburyport tried years ago 1820 01:47:20,205 --> 01:47:22,765 to change that and say once the business 1821 01:47:22,765 --> 01:47:25,645 was sold, the permit gets retired and caught 1822 01:47:25,645 --> 01:47:27,645 so much heat for it because the person 1823 01:47:27,645 --> 01:47:31,910 who was selling their business had certain permits 1824 01:47:31,910 --> 01:47:35,110 that allowed that business to operate. If they 1825 01:47:35,110 --> 01:47:37,910 got rid of the tobacco sales permit, then 1826 01:47:37,910 --> 01:47:40,950 that business wasn't as valuable as it was 1827 01:47:41,030 --> 01:47:43,705 when it had the tobacco sales permit. So, 1828 01:47:43,705 --> 01:47:45,785 as much as we might want to say 1829 01:47:45,785 --> 01:47:49,385 we can't convert to a new owner, it 1830 01:47:49,385 --> 01:47:52,665 just doesn't work politically. As long as it's 1831 01:47:52,665 --> 01:47:55,510 a bonafide purchaser for value. You don't want 1832 01:47:55,510 --> 01:47:57,510 sham sale. You want to make sure it's 1833 01:47:57,510 --> 01:48:00,070 a real person who's coming in and buying 1834 01:48:00,070 --> 01:48:02,070 it and someone's not just transferring it to 1835 01:48:02,070 --> 01:48:05,350 their spouse or their child or something along 1836 01:48:05,350 --> 01:48:07,990 those lines. I think our regs say that 1837 01:48:07,990 --> 01:48:09,510 they can do that, but they have to 1838 01:48:09,510 --> 01:48:12,935 reapply. Yes. We just clean the language up 1839 01:48:12,935 --> 01:48:16,935 so that it's much easier to make sense 1840 01:48:16,935 --> 01:48:21,575 of. So can I do we want to 1841 01:48:21,575 --> 01:48:24,375 agree on that about reducing to whatever our 1842 01:48:24,375 --> 01:48:32,260 current number is? Any comments on that? That's 1843 01:48:32,260 --> 01:48:34,260 been our history and it's worked well for 1844 01:48:34,260 --> 01:48:37,860 us. Yeah. Anybody else? You can't reduce it 1845 01:48:37,860 --> 01:48:40,179 lower than what you currently have because then 1846 01:48:40,179 --> 01:48:42,285 somebody has to turn in their permit for 1847 01:48:43,325 --> 01:48:45,405 Yeah, I think actually one year we did 1848 01:48:45,405 --> 01:48:48,285 the number we had plus one or something 1849 01:48:48,285 --> 01:48:53,965 like that. Yeah, yeah, probably. Any other comments 1850 01:48:53,965 --> 01:49:01,080 about that? Recommendation about no new permits within 1851 01:49:01,080 --> 01:49:03,400 500 feet of a school. We don't have 1852 01:49:03,400 --> 01:49:08,200 that. No, we don't. Permits within existing within 1853 01:49:08,200 --> 01:49:11,000 certain number of feet of an existing permitee. 1854 01:49:11,665 --> 01:49:16,784 So those are density strategies. Meredith thought we 1855 01:49:16,784 --> 01:49:21,824 should hold off on those because looking at 1856 01:49:21,824 --> 01:49:27,750 environmental justice considerations. Yep. It's a thought and 1857 01:49:27,750 --> 01:49:33,670 what you usually will find and DPH can 1858 01:49:33,750 --> 01:49:36,150 run this for you is when you look 1859 01:49:36,150 --> 01:49:39,565 at where your sales permits are and you 1860 01:49:39,565 --> 01:49:42,764 map it out, you'll see that they're normally 1861 01:49:42,764 --> 01:49:48,844 clustered in EJ districts. That's where you see 1862 01:49:48,844 --> 01:49:53,900 the most permits, which is why there's the 1863 01:49:53,900 --> 01:49:56,860 no new permit within x number of feet 1864 01:49:56,860 --> 01:49:58,780 from an existing one to try to get 1865 01:49:58,780 --> 01:50:02,860 to those clusters. But I get that. If 1866 01:50:02,860 --> 01:50:05,994 you wanna wait on those two, then wait 1867 01:50:05,994 --> 01:50:09,275 on those two. Cheryl, am I understanding that 1868 01:50:09,275 --> 01:50:11,994 the four and five are not in the 1869 01:50:11,994 --> 01:50:16,474 new state regs? Yes, those are local. Are 1870 01:50:16,474 --> 01:50:18,715 local. Those are local strategies. All the capping 1871 01:50:18,715 --> 01:50:23,600 strategies are local. Okay. So the things that 1872 01:50:23,600 --> 01:50:26,239 we do currently have is the ban of 1873 01:50:26,239 --> 01:50:28,960 smoking bars. It's not in this regulation. It's 1874 01:50:28,960 --> 01:50:30,880 in our indirect It's in your secondhand smoke 1875 01:50:30,880 --> 01:50:36,304 regulation. Minimum cigar packaging You have that. Pricing. 1876 01:50:37,105 --> 01:50:39,425 Banning blunt wraps, we have that. You have 1877 01:50:39,425 --> 01:50:43,105 that. Banning free distribution, we have that. You 1878 01:50:43,105 --> 01:50:46,909 have the coupons. You have the self-service. You 1879 01:50:47,710 --> 01:50:50,270 don't have an exemption for tobacconists, but I 1880 01:50:50,270 --> 01:50:52,989 don't think you I don't know. I mean, 1881 01:50:52,989 --> 01:50:56,270 the reason we added that exemption language is 1882 01:50:56,270 --> 01:51:00,244 just because now that youth can't get into 1883 01:51:00,244 --> 01:51:03,764 those stores, is there a rationale anymore for 1884 01:51:03,764 --> 01:51:09,844 banning self-service displays? That's a decision you can 1885 01:51:09,844 --> 01:51:12,450 make. And with some of these that you 1886 01:51:12,450 --> 01:51:15,570 already have, we do have some better language, 1887 01:51:16,850 --> 01:51:21,090 but it's the same regulation. So that's what's 1888 01:51:21,090 --> 01:51:23,490 highlighted in green in the rest of this 1889 01:51:23,490 --> 01:51:25,890 document is sort of Yeah, the green are 1890 01:51:25,890 --> 01:51:32,215 the local strategies, know, statewide the local strategies. 1891 01:51:32,535 --> 01:51:35,095 Yellow are the ones that are in the 1892 01:51:35,095 --> 01:51:43,240 state law. So number 12. We have educational 1893 01:51:43,240 --> 01:51:49,560 institutions. Right. Then the finding structure. That's the 1894 01:51:49,560 --> 01:51:51,960 big one. It's a big one and the 1895 01:51:51,960 --> 01:51:55,965 tolling period. Thirteen and fourteen. We want to 1896 01:51:55,965 --> 01:52:00,205 align our finding structure to be the same 1897 01:52:00,205 --> 01:52:05,805 as the state and basically I think Meredith's 1898 01:52:05,805 --> 01:52:08,205 proposal is you take the state regs and 1899 01:52:08,205 --> 01:52:10,845 our local regs and make them one document 1900 01:52:11,220 --> 01:52:14,980 so that local stores have one document to 1901 01:52:14,980 --> 01:52:18,180 look at. It's all in one place and 1902 01:52:18,180 --> 01:52:20,900 our finding structure would be at the end 1903 01:52:20,900 --> 01:52:23,380 and it's the same as the state structure. 1904 01:52:24,045 --> 01:52:26,525 So it's not so confusing. Like, you know, 1905 01:52:26,525 --> 01:52:28,925 we were all confused with this last hearing 1906 01:52:28,925 --> 01:52:30,605 because is it a state reg or a 1907 01:52:30,605 --> 01:52:33,324 local reg and all that stuff. So I 1908 01:52:33,324 --> 01:52:36,605 think that's the proposals we do what the 1909 01:52:36,605 --> 01:52:40,450 state does. Does that sound right, Cheryl? Yeah, 1910 01:52:40,450 --> 01:52:43,250 that's what what many people are doing. Some 1911 01:52:43,650 --> 01:52:47,490 municipalities like Medford, for instance, their Board of 1912 01:52:47,490 --> 01:52:53,330 Health did not want to find someone a 1913 01:52:53,330 --> 01:52:57,945 thousand dollars for a local penal for a 1914 01:52:57,945 --> 01:53:01,465 local violation because they were concerned that these 1915 01:53:01,465 --> 01:53:04,425 fines are so high and most of their 1916 01:53:04,425 --> 01:53:08,389 stores are mom and pop stores. So they 1917 01:53:08,389 --> 01:53:11,030 wanted to separate them out because their board 1918 01:53:11,030 --> 01:53:15,190 was very concerned about the high level of 1919 01:53:15,190 --> 01:53:20,710 fines. The other option the rationale behind unifying 1920 01:53:20,710 --> 01:53:23,695 them is that it's really hard for a 1921 01:53:23,695 --> 01:53:30,494 collaborative that has 31 different municipalities to know 1922 01:53:30,575 --> 01:53:35,775 which are the local strategies versus the state 1923 01:53:35,775 --> 01:53:40,179 strategies if they're working with an old regulation. 1924 01:53:40,500 --> 01:53:45,219 Our new regulation, we have a program that 1925 01:53:45,219 --> 01:53:47,620 we divide them out so that it's very 1926 01:53:47,620 --> 01:53:52,885 clear for your tobacco inspectors to see which 1927 01:53:52,885 --> 01:53:56,085 are state and which are local. So those 1928 01:53:56,085 --> 01:53:58,485 are the pros and cons of both of 1929 01:53:58,485 --> 01:54:03,364 them. So the fining structure is not in 1930 01:54:03,364 --> 01:54:06,340 the new state regs? Yes, it is. Oh, 1931 01:54:06,340 --> 01:54:09,940 it is. It is. The fining structure for 1932 01:54:09,940 --> 01:54:14,420 the violations of the state law are 1,000, 1933 01:54:14,500 --> 01:54:20,094 two thousand, five thousand. You determine the days 1934 01:54:20,335 --> 01:54:24,255 of suspension, but it's 1,000, 2 thousand, 5 1935 01:54:24,255 --> 01:54:27,775 thousand. So that's for selling to someone 21, 1936 01:54:28,094 --> 01:54:32,250 not having the signage, selling flavored tobacco products, 1937 01:54:32,250 --> 01:54:36,330 not having the manufacturer's letters, it's it's it's 1938 01:54:36,330 --> 01:54:40,490 for almost any everything. Ban on free distribution, 1939 01:54:40,490 --> 01:54:43,370 self-service out of package, those are all state 1940 01:54:43,370 --> 01:54:47,975 laws. Selling without a permit, having a high 1941 01:54:47,975 --> 01:54:52,775 nicotine contact in electronic delivery systems, most of 1942 01:54:52,775 --> 01:54:57,094 the stuff is pursuant to the state law. 1943 01:54:57,094 --> 01:54:59,895 The ones that wouldn't be are the sale 1944 01:54:59,895 --> 01:55:04,730 of blunt wraps, ban on smoking bars, that 1945 01:55:04,730 --> 01:55:08,970 those are local, the regulation of cigars, having 1946 01:55:08,970 --> 01:55:13,610 tobacco sales in healthcare institutions and educational institutions, 1947 01:55:14,975 --> 01:55:18,815 a requirement of displaying the mass DOR licenses, 1948 01:55:19,615 --> 01:55:25,935 you know, violating the density minimums, those would 1949 01:55:25,935 --> 01:55:28,700 be local. So the vast majority are state 1950 01:55:28,700 --> 01:55:31,020 and then there are like a dozen or 1951 01:55:31,020 --> 01:55:34,940 so local penalties. It would seem to me 1952 01:55:35,420 --> 01:55:40,539 having two different fining structures would be extraordinarily 1953 01:55:40,940 --> 01:55:44,865 confusing to us going forward and to the 1954 01:55:44,865 --> 01:55:48,625 people with these licenses. Yeah, I yeah, that's 1955 01:55:48,625 --> 01:55:54,865 what most people think. Are most municipalities keeping 1956 01:55:54,865 --> 01:55:57,025 these documents separate or are they merging them 1957 01:55:57,025 --> 01:56:03,000 into one? They're merging them. Janet? I guess 1958 01:56:03,000 --> 01:56:06,200 I'm unclear about the idea of the two 1959 01:56:06,200 --> 01:56:08,680 in terms of the fines with what you 1960 01:56:08,680 --> 01:56:10,840 just said about, I think you said Medford. 1961 01:56:11,000 --> 01:56:15,845 Because doesn't Medford, like all of us have 1962 01:56:15,845 --> 01:56:19,925 to, I mean, might feel that it's too 1963 01:56:19,925 --> 01:56:22,645 high a fine, but they still have to 1964 01:56:22,645 --> 01:56:24,885 fine. Oh yeah, they have to fine at 1965 01:56:24,885 --> 01:56:28,320 the 1,000, 2 thousand 5 thousand, except for 1966 01:56:28,320 --> 01:56:31,119 the ones that I just talked about. Instance, 1967 01:56:31,440 --> 01:56:34,639 they have a cigar packaging regulation that's not 1968 01:56:34,639 --> 01:56:37,360 in the state law. So if you violate 1969 01:56:37,360 --> 01:56:40,515 the cigar packaging regulation, you can get a 1970 01:56:40,515 --> 01:56:42,755 $100 fine because it's not part of the 1971 01:56:42,755 --> 01:56:45,875 state law. Okay. But so did they keep 1972 01:56:45,875 --> 01:56:48,195 it as two separate documents or not? No, 1973 01:56:48,195 --> 01:56:50,355 they put it in one document. Right. And 1974 01:56:50,355 --> 01:56:52,595 then I can't share my screen right now, 1975 01:56:53,050 --> 01:56:55,850 but then we have a list of which 1976 01:56:55,850 --> 01:56:59,050 policies are subject to the state law fines 1977 01:56:59,130 --> 01:57:01,690 and which are subject to the local regulation 1978 01:57:01,690 --> 01:57:04,090 fines. So even though they thought that a 1979 01:57:04,090 --> 01:57:07,885 thousand is too much. They can't do anything 1980 01:57:07,885 --> 01:57:09,885 about that. I just wanted to be clear 1981 01:57:09,885 --> 01:57:12,285 about that. Yeah, except if it's just a 1982 01:57:12,285 --> 01:57:15,325 local strategy, not a state one. And we 1983 01:57:15,325 --> 01:57:17,405 put them in one document. You still are 1984 01:57:17,405 --> 01:57:19,725 just gonna have one document. You're just gonna 1985 01:57:19,725 --> 01:57:22,980 have two columns with which fines are state 1986 01:57:22,980 --> 01:57:24,980 fines and which fines are just local. And 1987 01:57:24,980 --> 01:57:28,659 is your organization willing to actually put that 1988 01:57:28,659 --> 01:57:31,940 document together? We've already done it. I mean, 1989 01:57:31,940 --> 01:57:38,475 for us. Meredith sent you over a sample 1990 01:57:38,475 --> 01:57:41,195 template. Oh, yeah. Just scroll down and you'll 1991 01:57:41,195 --> 01:57:43,675 see it. It all the way up to 1992 01:57:43,675 --> 01:57:47,755 13. Yeah. So this combines so that what's 1993 01:57:47,755 --> 01:57:51,580 in green is Key local. And what's yellow 1994 01:57:51,580 --> 01:57:53,900 is mandatory is from the state. So But 1995 01:57:53,900 --> 01:57:56,140 keep going. Go. Go. Go. Go. All the 1996 01:57:56,140 --> 01:57:58,780 way down to 13, and you'll see how 1997 01:57:58,780 --> 01:58:03,275 it's set up, Janet. The fines? Yes. I 1998 01:58:03,275 --> 01:58:04,955 mean, it just So here you go, next 1999 01:58:04,955 --> 01:58:07,195 page. So here's what we did. Again, we 2000 01:58:07,195 --> 01:58:10,155 should have only one document. This is one 2001 01:58:10,155 --> 01:58:12,875 document. But here it is. If you go 2002 01:58:12,875 --> 01:58:16,080 with not unifying the fines, then you have 2003 01:58:16,080 --> 01:58:19,840 a list that we created this list. Obviously, 2004 01:58:19,840 --> 01:58:22,639 that's all the state fines, which is the 2005 01:58:22,639 --> 01:58:25,840 same for everyone. And then the local policies 2006 01:58:25,840 --> 01:58:28,400 are going to be unique to Northampton, whatever 2007 01:58:28,400 --> 01:58:31,645 Northampton has, which isn't hard for us to 2008 01:58:32,285 --> 01:58:35,485 take out. Right, so as long we decide 2009 01:58:37,325 --> 01:58:39,565 that we wanna stick with all of what 2010 01:58:39,565 --> 01:58:42,045 the state says and not go Then we 2011 01:58:42,045 --> 01:58:45,770 take out both of these columns. Right. The 2012 01:58:45,770 --> 01:58:49,050 columns are there for those folks like Medford 2013 01:58:49,050 --> 01:58:54,730 who want separate finding structures. So now I'm 2014 01:58:54,730 --> 01:58:56,650 confused, Ian, because I thought what you're saying 2015 01:58:56,650 --> 01:58:59,405 is we wouldn't have, we'd have the same 2016 01:58:59,405 --> 01:59:01,965 finding structure for all the things that are 2017 01:59:01,965 --> 01:59:05,485 under state reg. Yes. But then for additional 2018 01:59:05,485 --> 01:59:07,885 things, we have to have our own finding 2019 01:59:07,885 --> 01:59:09,805 structure because you don't have a finding structure 2020 01:59:09,805 --> 01:59:11,565 for things that aren't in the state regs. 2021 01:59:11,790 --> 01:59:14,190 No, I'm making it more confusing than it 2022 01:59:14,190 --> 01:59:18,669 needs to be. You can have these fines 2023 01:59:18,829 --> 01:59:21,230 have to be 1,000, 2 thousand, 3 thousand 2024 01:59:21,230 --> 01:59:24,429 for those that are state. Those that are 2025 01:59:24,429 --> 01:59:28,215 in your local regulation, you can either choose 2026 01:59:28,215 --> 01:59:31,255 to make all the fines the same as 2027 01:59:31,255 --> 01:59:34,935 the state's or you have the legal authority 2028 01:59:35,175 --> 01:59:40,489 to make your own violations 100, two hundred, 2029 01:59:40,489 --> 01:59:42,489 three hundred or whatever. You can do whatever 2030 01:59:42,489 --> 01:59:45,850 you want with ones that with violations that 2031 01:59:45,850 --> 01:59:50,730 are not state violations. Right. Is that clear? 2032 01:59:51,065 --> 01:59:53,945 Yeah. Okay. And then we put it all 2033 01:59:53,945 --> 01:59:55,784 on one document. You put it up like 2034 01:59:55,784 --> 01:59:57,784 this. You put it all on one document. 2035 01:59:59,705 --> 02:00:02,264 Then you will have, if you see, you 2036 02:00:02,264 --> 02:00:04,905 know, we say for the violations of all 2037 02:00:04,905 --> 02:00:10,070 sections specific to Northampton, the fines are one, 2038 02:00:10,070 --> 02:00:13,990 two, and three, or whatever it is. And 2039 02:00:13,990 --> 02:00:15,830 then there's a section that says for those 2040 02:00:15,830 --> 02:00:18,630 that are state violations, the fines are this. 2041 02:00:18,630 --> 02:00:19,750 And the state one is going to be 2042 02:00:19,750 --> 02:00:21,784 above that, I think. I think it'll be 2043 02:00:21,784 --> 02:00:24,824 on page 11 or something. Yes. And we 2044 02:00:24,824 --> 02:00:28,104 specify here, if you go back down, I'm 2045 02:00:28,985 --> 02:00:31,545 sorry. If you go back down under the 2046 02:00:31,545 --> 02:00:35,570 penalty section, you'll see violations. And then we 2047 02:00:35,570 --> 02:00:39,250 have option one, which is to have state 2048 02:00:39,250 --> 02:00:43,010 local distinctions between the fines. And then we 2049 02:00:43,010 --> 02:00:47,650 have an option two, which is to have 2050 02:00:47,650 --> 02:01:01,105 unified fines. Option two. Unified fines. And you 2051 02:01:01,105 --> 02:01:03,540 don't need to make this decision tonight. You 2052 02:01:03,540 --> 02:01:05,940 know, I can draft a regulation for you 2053 02:01:06,020 --> 02:01:08,100 that has both of these options and you 2054 02:01:08,100 --> 02:01:11,220 can decide, you know, when you're good and 2055 02:01:11,220 --> 02:01:18,405 ready, what you what you wanna do. You 2056 02:01:18,405 --> 02:01:22,005 want me to go home, I'm sure. Or 2057 02:01:22,005 --> 02:01:25,765 just leave the meeting. So do you have 2058 02:01:25,765 --> 02:01:29,285 a recommendation? So you said Medford is having 2059 02:01:29,285 --> 02:01:32,965 their own? Well, I think it's much easier 2060 02:01:33,660 --> 02:01:37,500 to just have a unified finding structure, especially 2061 02:01:37,500 --> 02:01:39,980 since the vast majority of the regulations are 2062 02:01:39,980 --> 02:01:43,740 going to be state violations anyway. But it's 2063 02:01:43,740 --> 02:01:46,300 also, you know, you're increasing a fine from 2064 02:01:46,300 --> 02:01:51,255 $100 for not selling cigars in the right 2065 02:01:51,255 --> 02:01:55,095 packaging to a thousand. So, you know, it's 2066 02:01:55,095 --> 02:01:59,175 unfortunately or fortunately for me, it's a decision 2067 02:01:59,415 --> 02:02:03,110 that you need to make. Can I ask 2068 02:02:03,110 --> 02:02:05,430 Donna a question about that Donna as far 2069 02:02:05,430 --> 02:02:07,909 as like writing up that order to correct 2070 02:02:07,990 --> 02:02:12,470 cease and desist stopping selling flavored tobacco and 2071 02:02:12,470 --> 02:02:15,350 then defining both the state fines at a 2072 02:02:15,350 --> 02:02:19,795 different price and then the local fines at 2073 02:02:19,795 --> 02:02:22,514 their currently lower price? Does that make it 2074 02:02:22,514 --> 02:02:26,114 more difficult or does it make sense? No, 2075 02:02:26,114 --> 02:02:27,635 no, makes it more difficult as long as 2076 02:02:27,635 --> 02:02:30,489 it's clear in the regulation on what the 2077 02:02:30,489 --> 02:02:33,369 fine structure is and what falls under those. 2078 02:02:33,770 --> 02:02:37,530 It's pretty clear. Okay. That's why we did 2079 02:02:37,530 --> 02:02:39,929 the columns so that an inspector would have 2080 02:02:39,929 --> 02:02:42,889 the regulation and could see which is which. 2081 02:02:44,965 --> 02:02:46,805 Where it gets tough is when you have 2082 02:02:46,805 --> 02:02:50,405 different, communities, different municipalities that are doing different 2083 02:02:50,405 --> 02:02:53,045 things. Just got to familiarize yourself with what 2084 02:02:53,045 --> 02:02:54,965 they're doing, and take a look at that. 2085 02:02:54,965 --> 02:02:56,965 Which is challenging. Yeah, it is. That's where 2086 02:02:56,965 --> 02:03:02,770 it gets confusing. And the suspension periods we 2087 02:03:02,770 --> 02:03:07,650 decide? Yeah, the state requires that they be 2088 02:03:07,650 --> 02:03:11,010 not less than or not, yeah, for a 2089 02:03:11,010 --> 02:03:15,114 second offense, it's not less than one or 2090 02:03:15,114 --> 02:03:18,474 more than seven unless a municipality wants them 2091 02:03:18,474 --> 02:03:22,155 to be higher. So they give a lot 2092 02:03:22,155 --> 02:03:25,594 of leeway on, except for that first sale 2093 02:03:25,594 --> 02:03:28,480 to someone under 20 one. So yeah, you 2094 02:03:28,480 --> 02:03:31,840 can set them. I think Meredith talked about 2095 02:03:32,000 --> 02:03:34,880 where first violation says one to seven. She 2096 02:03:34,880 --> 02:03:37,520 was just thinking one and then second violation 2097 02:03:37,520 --> 02:03:40,560 seven. I think that makes perfect sense. And 2098 02:03:40,560 --> 02:03:43,905 the third thirty. Third thirty. And then fourth, 2099 02:03:43,905 --> 02:03:46,625 she really was talking about bringing them in 2100 02:03:46,625 --> 02:03:48,225 to see whether they want to revoke the 2101 02:03:48,225 --> 02:03:53,185 permit. And we have municipalities that have revoked 2102 02:03:53,185 --> 02:03:57,850 permits, which has never happened before. We have 2103 02:03:57,850 --> 02:04:00,330 this non no tolling period, but I've been 2104 02:04:00,330 --> 02:04:02,409 on this board. I don't know how many 2105 02:04:02,409 --> 02:04:05,290 years it is now. Fourteen, fifteen years. We've 2106 02:04:05,290 --> 02:04:11,744 never revoked one. But we could have today. 2107 02:04:11,744 --> 02:04:14,304 We could have in the hearing. Yeah. Based 2108 02:04:14,304 --> 02:04:20,160 on So, I mean, it just shows how 2109 02:04:20,160 --> 02:04:26,480 having a lack of a tolling period means 2110 02:04:26,480 --> 02:04:31,120 you could be giving different judgments to different 2111 02:04:31,120 --> 02:04:35,815 establishments based on number of years or how 2112 02:04:35,815 --> 02:04:39,574 closely they're clustered or whatever, which is a 2113 02:04:39,655 --> 02:04:44,695 judgment call. It's cleaner if we just use 2114 02:04:44,695 --> 02:04:55,560 a unified finding structure does anyone have any 2115 02:04:55,560 --> 02:04:57,800 thoughts about the tolling period because our current 2116 02:04:57,800 --> 02:05:00,040 regs say no tolling period but it is 2117 02:05:00,040 --> 02:05:08,735 pretty harsh Any other thoughts on that? Has 2118 02:05:08,735 --> 02:05:10,335 it ever gotten in the way of anything 2119 02:05:10,335 --> 02:05:17,489 that we tried to do? I would have 2120 02:05:17,489 --> 02:05:21,730 to I think the way to I'm wondering, 2121 02:05:21,730 --> 02:05:23,489 and I don't know the answer to this, 2122 02:05:23,489 --> 02:05:28,050 but I'm wondering if Northampton is actually looked 2123 02:05:28,050 --> 02:05:31,585 at when someone violates the law, if they 2124 02:05:31,585 --> 02:05:34,945 actually look at the previous offenses. I don't 2125 02:05:34,945 --> 02:05:36,705 know. And I don't know if Donna would 2126 02:05:36,705 --> 02:05:39,585 know, because I don't think she's You've been 2127 02:05:39,585 --> 02:05:41,585 doing this for a few years, right? Yeah, 2128 02:05:41,585 --> 02:05:44,760 I've been doing the control of the CCO 2129 02:05:44,760 --> 02:05:47,320 for about five years, but not at Northampton. 2130 02:05:47,880 --> 02:05:51,400 Yeah, so going back, I don't remember Meredith 2131 02:05:51,400 --> 02:05:57,080 ever mentioning to me a revocation because someone 2132 02:05:57,080 --> 02:06:00,485 had three offenses that went back. No, no. 2133 02:06:00,485 --> 02:06:02,965 I don't recall that either. I haven't I've 2134 02:06:02,965 --> 02:06:04,965 looked back at some of the violations that 2135 02:06:04,965 --> 02:06:06,804 have happened in the city and I've never 2136 02:06:06,804 --> 02:06:09,685 seen where that's ever happened. Yeah. So I 2137 02:06:09,685 --> 02:06:12,005 don't know whether you've been She has looked 2138 02:06:12,005 --> 02:06:15,050 back like in this case, we did hear 2139 02:06:15,050 --> 02:06:17,369 that there were two violations in the I 2140 02:06:17,530 --> 02:06:20,170 don't know how far back they go. And 2141 02:06:20,170 --> 02:06:22,010 I think moving forward, if we did it, 2142 02:06:22,010 --> 02:06:24,329 we would start fresh. Everyone would have to 2143 02:06:24,329 --> 02:06:28,085 start fresh because it's all new. But I 2144 02:06:28,085 --> 02:06:30,165 guess that brings up the question is having 2145 02:06:30,165 --> 02:06:35,285 no tolling period, is that fair? Well, you're 2146 02:06:35,285 --> 02:06:37,125 also, I think, gonna have to look at 2147 02:06:37,125 --> 02:06:41,750 what the violation actually is because selling to 2148 02:06:41,750 --> 02:06:46,309 someone 21 is a relatively new law. So 2149 02:06:46,309 --> 02:06:48,789 are you gonna go you probably could go 2150 02:06:48,789 --> 02:06:51,989 back to someone 18 with not too much 2151 02:06:52,725 --> 02:06:58,405 resistance, but selling flavored tobacco products, you did 2152 02:06:58,405 --> 02:07:02,405 it in 2020. So there wasn't that law 2153 02:07:02,405 --> 02:07:08,280 in effect fifty years ago. So would you 2154 02:07:08,280 --> 02:07:09,960 know, I don't know how I mean, you'd 2155 02:07:09,960 --> 02:07:12,119 have to look at what the violation is. 2156 02:07:13,079 --> 02:07:15,960 Then years and years ago, the violation was 2157 02:07:15,960 --> 02:07:19,000 just selling to someone 18. There weren't all 2158 02:07:19,000 --> 02:07:21,614 of these other do you have a permit? 2159 02:07:21,614 --> 02:07:24,014 Do you sell flavor? Do you sell e 2160 02:07:24,014 --> 02:07:28,414 cigarettes? They didn't exist. So the tolling period, 2161 02:07:28,415 --> 02:07:33,215 someone could argue that, wait a minute, isn't 2162 02:07:33,454 --> 02:07:40,040 a second violation because never because it's a 2163 02:07:40,040 --> 02:07:43,640 new law. I mean, could be argued. I 2164 02:07:43,640 --> 02:07:47,000 mean, defend against that by saying, look, but 2165 02:07:47,000 --> 02:07:50,655 you've had violations for tobacco sales before. But 2166 02:07:50,655 --> 02:07:53,295 I don't. And so, the other thing I 2167 02:07:53,295 --> 02:07:55,534 can mention too, is that we also get 2168 02:07:55,534 --> 02:07:59,614 notices from state, who do their own, and 2169 02:07:59,614 --> 02:08:01,215 also FDA who go in and do their 2170 02:08:01,215 --> 02:08:03,135 own. So, they will let us know that 2171 02:08:03,135 --> 02:08:05,219 they've had a sale. So, it may not 2172 02:08:05,219 --> 02:08:07,059 be us locally doing it and it may 2173 02:08:07,059 --> 02:08:10,019 not be the coalition doing it, but, we're 2174 02:08:10,019 --> 02:08:13,539 getting notices that it's happening elsewhere also. Are 2175 02:08:13,539 --> 02:08:15,539 sales happening. And as far as the tolling 2176 02:08:15,539 --> 02:08:16,820 period, when, you know, I do a lot 2177 02:08:16,820 --> 02:08:18,579 of hearings in a lot of different towns 2178 02:08:18,905 --> 02:08:21,305 and when the, where the tolling period kind 2179 02:08:21,305 --> 02:08:23,465 of comes into play is when, you know, 2180 02:08:23,465 --> 02:08:25,225 they have repeat offenders and they're trying to 2181 02:08:25,225 --> 02:08:26,905 go back to see when the last sale 2182 02:08:26,905 --> 02:08:28,905 was. And when they have that tolling period 2183 02:08:28,905 --> 02:08:30,985 in place, it never fails. They just missed 2184 02:08:30,985 --> 02:08:32,905 it by a day or a week. And 2185 02:08:32,905 --> 02:08:35,199 they're like, well, we got to throw that 2186 02:08:35,199 --> 02:08:38,239 one out because we just passed that thirty 2187 02:08:38,239 --> 02:08:42,239 six month mark. What about the fact that 2188 02:08:42,400 --> 02:08:44,560 I think with this last one that we 2189 02:08:44,560 --> 02:08:48,000 had, there was more than one violation. So 2190 02:08:48,000 --> 02:08:51,165 are those count, is it I mean, you 2191 02:08:51,165 --> 02:08:54,365 went in, Donna, at one time, but there 2192 02:08:54,365 --> 02:08:57,725 were many violations. So municipalities do that. They 2193 02:08:57,725 --> 02:08:59,405 compile. So if you go in and you 2194 02:08:59,405 --> 02:09:01,885 find multiple violations, they can say, here's number 2195 02:09:01,885 --> 02:09:04,045 one, here's number two, here's number three, boom, 2196 02:09:04,045 --> 02:09:06,750 you're already at that Right, so then you 2197 02:09:06,750 --> 02:09:11,230 get to keep that. Most municipalities don't stack 2198 02:09:11,230 --> 02:09:14,430 them unless it's a really bad actor, but 2199 02:09:14,430 --> 02:09:16,750 that's certainly up to you whether you want 2200 02:09:16,750 --> 02:09:23,685 to stack them or not. It sounds harsh 2201 02:09:23,685 --> 02:09:26,085 what we're doing but it also gives us 2202 02:09:26,645 --> 02:09:30,805 a history right? I mean as opposed to 2203 02:09:30,805 --> 02:09:32,965 the clock stopped and now we have a 2204 02:09:32,965 --> 02:09:36,670 clean slate is I don't know it's a 2205 02:09:36,670 --> 02:09:39,630 little bothersome to me. Well you could also 2206 02:09:39,630 --> 02:09:43,310 increase the tolling period if you want to 2207 02:09:43,310 --> 02:09:47,310 five years or to ten years. I'm just 2208 02:09:47,310 --> 02:09:51,255 concerned with no tolling period at all. Okay. 2209 02:09:51,975 --> 02:09:54,775 But you could certainly you could be stricter 2210 02:09:54,775 --> 02:09:56,695 than the state law and have a much 2211 02:09:56,695 --> 02:10:04,230 longer tolling period if you want. Our local 2212 02:10:04,230 --> 02:10:06,550 regs as they are now, is it may 2213 02:10:07,430 --> 02:10:10,230 suspend and not shall? It shall. No, it 2214 02:10:10,230 --> 02:10:12,390 shall. It is shall. Okay. Because I was 2215 02:10:12,390 --> 02:10:14,310 wondering why maybe that's why we didn't have 2216 02:10:14,310 --> 02:10:16,710 suspensions because we could make that discretion. But 2217 02:10:16,710 --> 02:10:23,225 if it was shall, then So we gave 2218 02:10:23,225 --> 02:10:26,665 an exemption to our own regs earlier this 2219 02:10:26,665 --> 02:10:33,900 evening. Well, because the regs, the violation was 2220 02:10:33,900 --> 02:10:35,659 on the state regs and the state regs 2221 02:10:35,659 --> 02:10:39,820 were new. Right. That was Meredith's recommendation. Yeah, 2222 02:10:39,820 --> 02:10:42,219 that make, that's what everyone has been doing. 2223 02:10:42,219 --> 02:10:50,865 Okay. Shell and may could be very important 2224 02:10:51,905 --> 02:10:56,225 if we don't have a tolling period and 2225 02:10:56,225 --> 02:10:59,989 we purposely closed shell because we didn't want 2226 02:10:59,989 --> 02:11:04,150 to have the wiggle room to be swayed 2227 02:11:04,150 --> 02:11:08,870 by one factor or another. We wanted to 2228 02:11:08,870 --> 02:11:12,264 be make sure we were fair to everyone. 2229 02:11:14,824 --> 02:11:25,660 That's why you have Shell. So I think 2230 02:11:25,660 --> 02:11:28,060 the two issues that are still outstanding are 2231 02:11:28,060 --> 02:11:31,100 the tolling period and whether we're going to 2232 02:11:31,100 --> 02:11:33,340 keep the state fines for everything or have 2233 02:11:33,340 --> 02:11:38,380 our own fines. Yep. And you've already you've 2234 02:11:38,380 --> 02:11:40,795 got the cap. We know we want to 2235 02:11:40,795 --> 02:11:43,755 reduce the core number and then we want 2236 02:11:43,755 --> 02:11:46,715 to clean up the language. We're going to 2237 02:11:46,715 --> 02:11:50,074 hold off on the buffer zone around schools 2238 02:11:50,074 --> 02:11:54,610 and around new retailers. I don't know whether 2239 02:11:54,610 --> 02:11:57,969 you want to increase the the price amount 2240 02:11:57,969 --> 02:12:01,250 for the minimum cigar packaging. Oh, that was 2241 02:12:01,250 --> 02:12:03,969 a yeah. Yeah. We tied it to the 2242 02:12:03,969 --> 02:12:09,135 consumer price index and it went up. Cheryl, 2243 02:12:10,175 --> 02:12:18,495 if we specify a price, do we need 2244 02:12:18,495 --> 02:12:20,974 to redo the regs every time we change 2245 02:12:21,375 --> 02:12:26,950 that price? You would need to amend the 2246 02:12:26,950 --> 02:12:33,110 reg because it's now a stricter Well, it's 2247 02:12:33,110 --> 02:12:35,465 tied to the consumer price index. Okay, well 2248 02:12:35,465 --> 02:12:36,824 that So you wouldn't need to because it 2249 02:12:36,824 --> 02:12:38,425 says right in it, it's tied to the 2250 02:12:38,425 --> 02:12:41,145 consumer price index. So no, you wouldn't need 2251 02:12:41,145 --> 02:12:42,905 to do that. You would just send a 2252 02:12:42,905 --> 02:12:45,545 notice to all the retailers saying due to 2253 02:12:45,545 --> 02:12:49,429 the CPI, the prices are now this because 2254 02:12:49,510 --> 02:12:51,350 they know it's tied to the consumer price 2255 02:12:51,350 --> 02:12:56,310 index. That's the adjustment that I was looking 2256 02:12:56,310 --> 02:12:58,949 for. Yeah. Or else we have to have 2257 02:12:58,949 --> 02:13:03,355 a new hearing? No, you don't have to 2258 02:13:03,355 --> 02:13:06,315 do that. Even though it's stricture, but you 2259 02:13:06,315 --> 02:13:07,675 would want to send a letter out to 2260 02:13:07,675 --> 02:13:12,395 them. Sure. All right, I think it's reasonable 2261 02:13:12,395 --> 02:13:22,570 to include that. So tolling period, fining, suspensions, 2262 02:13:24,250 --> 02:13:36,445 and revoking where we're stuck. And it's just 2263 02:13:36,445 --> 02:13:39,085 a draft, right? You might want to talk 2264 02:13:39,085 --> 02:13:45,165 more to Meredith about that and see what 2265 02:13:45,165 --> 02:13:52,860 she thinks. Amy? Because I'm just not certain. 2266 02:13:54,380 --> 02:13:56,700 And again, she would know and Donna would 2267 02:13:56,700 --> 02:13:58,700 know much better than I am, whether you've 2268 02:13:58,700 --> 02:14:00,700 run into cases where you've had to go 2269 02:14:00,700 --> 02:14:04,165 back like twenty years and see what the 2270 02:14:04,165 --> 02:14:07,285 violations have been. I just don't do you 2271 02:14:07,285 --> 02:14:11,365 know Donna whether you've. Yeah, we haven't had 2272 02:14:11,365 --> 02:14:12,805 to go back twenty years, but I don't 2273 02:14:12,805 --> 02:14:14,805 think we would be able to find that 2274 02:14:14,805 --> 02:14:20,150 much history. That's what I'm thinking. You're sort 2275 02:14:20,150 --> 02:14:22,550 of saying even logistically it doesn't make sense. 2276 02:14:23,110 --> 02:14:25,349 Logistically you should have some kind of cap 2277 02:14:25,349 --> 02:14:29,030 on it. Every time someone has come to 2278 02:14:29,030 --> 02:14:32,724 us I just know no matter who the 2279 02:14:32,724 --> 02:14:37,125 inspector was there always was a history. It 2280 02:14:37,125 --> 02:14:40,724 seems like we had the history I don't 2281 02:14:40,724 --> 02:14:43,045 know if the filing system has changed or 2282 02:14:43,045 --> 02:14:46,460 whatever. Well, you would have had the history 2283 02:14:46,460 --> 02:14:50,140 for, let's see, how many Dennis Lacourse did 2284 02:14:50,140 --> 02:14:54,540 some of your inspections, right? Would be records 2285 02:14:54,540 --> 02:15:00,175 of that. Before Dennis, I don't know. Well, 2286 02:15:00,175 --> 02:15:04,015 let's put it, tobacco control, the regulation started 2287 02:15:04,015 --> 02:15:08,575 in about 1994. So I think that's when 2288 02:15:10,175 --> 02:15:13,500 the history probably, the history wouldn't go back 2289 02:15:13,500 --> 02:15:16,540 before that, put it that way. Yeah. Sure. 2290 02:15:17,020 --> 02:15:18,860 Yeah. Most of our stores probably have new 2291 02:15:18,860 --> 02:15:24,665 owners since then, but Yeah. Not all. True. 2292 02:15:24,665 --> 02:15:26,505 So then you'd have to take that into 2293 02:15:26,505 --> 02:15:29,545 consideration because the violation goes with the owner. 2294 02:15:29,865 --> 02:15:34,905 Right. Instead of saying amount of years, can 2295 02:15:34,905 --> 02:15:38,560 we say going back say till 2010, like 2296 02:15:38,560 --> 02:15:41,360 put a year on it? Sure, you can 2297 02:15:41,360 --> 02:15:45,920 do anything. So it'll keep getting longer as 2298 02:15:45,920 --> 02:15:48,400 time goes on, but it wouldn't be anything 2299 02:15:48,400 --> 02:15:52,685 prior to your You could do that. For 2300 02:15:52,685 --> 02:15:54,764 some reason, and I don't know what it 2301 02:15:54,764 --> 02:15:57,485 is, Amy, when you and I were meeting 2302 02:15:57,485 --> 02:16:01,244 with Meredith today, she was, no, we're gonna 2303 02:16:01,244 --> 02:16:04,045 continue our current practice. Well, then that's why 2304 02:16:04,045 --> 02:16:06,140 I said you may wanna talk to because 2305 02:16:06,620 --> 02:16:10,140 they have a reason and she may have 2306 02:16:10,140 --> 02:16:13,820 a strategy and a standard operating procedure for 2307 02:16:13,820 --> 02:16:17,820 this that we just don't know. Yeah. I 2308 02:16:17,820 --> 02:16:19,500 mean, far as fines go, I would say 2309 02:16:19,500 --> 02:16:21,340 let's go with the state fines. They're higher, 2310 02:16:22,515 --> 02:16:24,675 You know, let's just go with that. They 2311 02:16:24,675 --> 02:16:27,875 are. It is easier. Easier. I I mean, 2312 02:16:27,875 --> 02:16:30,915 I feel comfortable with that. With the unified, 2313 02:16:30,915 --> 02:16:34,594 right? Yeah. And then we'll take the lower 2314 02:16:34,594 --> 02:16:36,516 end of the suspensions of one, seven and 2315 02:16:36,516 --> 02:16:41,840 thirty. Mhmm. And potentially the fourth as a 2316 02:16:42,160 --> 02:16:45,440 permit revocation. Mhmm. And we can take out 2317 02:16:45,440 --> 02:16:50,799 the word egregious. Because his hand doesn't like 2318 02:16:50,799 --> 02:16:54,075 this. Well, just think I don't blame you. 2319 02:16:54,075 --> 02:16:57,596 If it's not defined, I think people can 2320 02:16:57,596 --> 02:17:00,315 always protest it and I would prefer it 2321 02:17:00,315 --> 02:17:04,090 to be cleaner. You know, Suzanne, that word 2322 02:17:04,090 --> 02:17:06,410 came up again this afternoon when Amy and 2323 02:17:06,410 --> 02:17:10,330 I were talking Meredith and Donna you probably 2324 02:17:10,330 --> 02:17:13,770 know this that each inspector sort of has 2325 02:17:13,770 --> 02:17:16,730 a sense of what's egregious or not and 2326 02:17:17,290 --> 02:17:20,405 know and it's one of those gut level 2327 02:17:20,405 --> 02:17:24,405 things and to put a definition around it 2328 02:17:24,805 --> 02:17:30,004 it's situational it is contextual. Oh I appreciate 2329 02:17:30,004 --> 02:17:36,101 that but if we're going to have the 2330 02:17:36,340 --> 02:17:41,459 our penalties based on egregious and we haven't 2331 02:17:41,459 --> 02:17:44,975 defined it, I think that's problematic. I totally 2332 02:17:44,975 --> 02:17:46,415 agree with you. It's just funny the word 2333 02:17:46,415 --> 02:17:49,295 just keeps coming up. Well, I guess the 2334 02:17:49,295 --> 02:17:51,535 question is, you know, if someone's having a 2335 02:17:51,535 --> 02:17:54,334 fourth violation and where you know can revoke 2336 02:17:54,334 --> 02:17:57,455 their permit, and their only violation is that 2337 02:17:57,455 --> 02:18:02,080 they charge $2.50 a whatever a cigar instead 2338 02:18:02,080 --> 02:18:04,400 of $2.90. Are we going to feel good 2339 02:18:04,400 --> 02:18:08,721 about that? Well, believe the language for that, 2340 02:18:08,799 --> 02:18:18,334 for the egregious section, says May. May permanently 2341 02:18:18,334 --> 02:18:22,174 revoke. So there's discretion there with the egregious 2342 02:18:22,174 --> 02:18:25,215 piece. So if we're for violations of not 2343 02:18:25,215 --> 02:18:28,734 having a sign or selling a single cigar, 2344 02:18:29,190 --> 02:18:31,990 you may revoke it. You don't have to 2345 02:18:31,990 --> 02:18:35,270 revoke it. Mhmm. That's the only place where 2346 02:18:35,270 --> 02:18:44,245 it says May. And what about like the 2347 02:18:44,245 --> 02:18:50,725 signs, signage? The signage drives me crazy. Because 2348 02:18:50,725 --> 02:18:54,830 not only, you know, the DPH, when they 2349 02:18:54,830 --> 02:18:58,351 draft, when DPH drafted the regulations that accompany 2350 02:18:58,351 --> 02:19:02,110 this law, they added an additional $50 fine 2351 02:19:02,110 --> 02:19:05,311 for not having the signs. So it's technically 2352 02:19:05,391 --> 02:19:08,511 a thousand dollars and a thousand $50 if 2353 02:19:08,511 --> 02:19:11,785 you don't have these signs, which we testified 2354 02:19:12,186 --> 02:19:14,425 in opposition to that, but they left it 2355 02:19:14,425 --> 02:19:17,065 in. When I say we, was at the 2356 02:19:17,065 --> 02:19:19,065 time it was I testified in opposition to 2357 02:19:19,065 --> 02:19:21,706 it and DJ did at the public council 2358 02:19:22,186 --> 02:19:33,150 hearing, but they left it in. So, yeah. 2359 02:19:34,030 --> 02:19:38,235 It seems silly to me. But again, inspectors 2360 02:19:38,235 --> 02:19:39,995 do, and I'm sure Donna does it as 2361 02:19:39,995 --> 02:19:41,834 well, if they don't have the signs, you 2362 02:19:41,834 --> 02:19:43,516 go in and you bring them the sign. 2363 02:19:44,314 --> 02:19:46,555 You don't fine them a thousand dollars and 2364 02:19:46,555 --> 02:19:48,795 a thousand $50, you just bring them the 2365 02:19:48,795 --> 02:19:51,609 sign and they put it Don't you think 2366 02:19:51,609 --> 02:19:53,689 Donna it's more like when you go in 2367 02:19:53,930 --> 02:19:56,250 and you find menthol and you find this 2368 02:19:56,250 --> 02:19:58,569 and you find the no excise and then 2369 02:19:58,569 --> 02:20:00,649 they don't have the signs then you. Right, 2370 02:20:00,729 --> 02:20:03,210 then it almost seems blatant that they're just 2371 02:20:03,210 --> 02:20:06,995 like you know, I'm with Charlotte, the sign 2372 02:20:06,995 --> 02:20:09,075 thing can drive you crazy. You know, there's 2373 02:20:09,075 --> 02:20:10,436 always a reason why they don't have them, 2374 02:20:10,436 --> 02:20:12,195 either they took them down to paint or 2375 02:20:12,275 --> 02:20:13,636 they fell down, they needed a new one, 2376 02:20:13,636 --> 02:20:15,795 it wore out, it's behind something. It's, you 2377 02:20:15,795 --> 02:20:17,716 know, lottery comes in and covers it. So, 2378 02:20:17,716 --> 02:20:20,050 try to peel it, it's gone. So, I 2379 02:20:20,050 --> 02:20:22,850 go through signage. I think the state wants 2380 02:20:22,850 --> 02:20:24,290 to kill me for how much signage I 2381 02:20:24,290 --> 02:20:26,050 go through, but I carry it with me 2382 02:20:26,050 --> 02:20:28,370 every time I go out and I hand 2383 02:20:28,370 --> 02:20:32,290 them out like it's candy. It's, one of 2384 02:20:32,290 --> 02:20:34,290 those things. You just got to keep giving 2385 02:20:34,290 --> 02:20:36,765 them to them. So you, so basically you 2386 02:20:36,765 --> 02:20:40,604 wouldn't cite someone for just that. You just 2387 02:20:40,604 --> 02:20:41,725 give them a sign. No, I would give 2388 02:20:41,725 --> 02:20:43,165 them a sign. And we always put it 2389 02:20:43,165 --> 02:20:44,525 in their notes, you know, when we're educating 2390 02:20:44,525 --> 02:20:45,885 them, know, when we're putting it into post 2391 02:20:45,885 --> 02:20:47,325 or putting it in our reports, we do 2392 02:20:47,325 --> 02:20:50,181 say delivered signage, delivered signage. So, you can 2393 02:20:50,181 --> 02:20:51,460 always go back and look and see that 2394 02:20:51,460 --> 02:20:53,221 history is there. You know, if you were 2395 02:20:53,221 --> 02:20:56,101 trying to come up with, you know, where 2396 02:20:56,101 --> 02:20:57,540 do we go with this? If you're having 2397 02:20:57,540 --> 02:20:58,740 a hearing, where do we go with this? 2398 02:20:58,740 --> 02:21:00,341 You can look at the history and see, 2399 02:21:01,141 --> 02:21:02,645 you know, and kind of use some of 2400 02:21:02,645 --> 02:21:04,565 that to your advantage to say, okay, we've 2401 02:21:04,565 --> 02:21:06,965 been in your store 18 times in the 2402 02:21:06,965 --> 02:21:09,045 last three years, and we've given you signs 2403 02:21:09,045 --> 02:21:13,979 15 of those 18 times. What gives? So 2404 02:21:13,979 --> 02:21:16,939 even though we don't have discretion, you know, 2405 02:21:16,939 --> 02:21:19,580 our regs will say shall fine or shall 2406 02:21:19,580 --> 02:21:22,620 whatever, you have a lot of discretion in 2407 02:21:22,620 --> 02:21:25,660 what you present to us, right? What's education 2408 02:21:25,660 --> 02:21:29,215 and what's what you cite. So that's where 2409 02:21:29,215 --> 02:21:32,495 the discretion comes in. Right. And and municipalities 2410 02:21:32,495 --> 02:21:34,255 are different. Some municipalities are to say, hey, 2411 02:21:34,255 --> 02:21:35,695 we just want you to go in, give 2412 02:21:35,695 --> 02:21:37,455 them that education. If you find things, let 2413 02:21:37,455 --> 02:21:39,535 us know. But we're not out handing out 2414 02:21:39,535 --> 02:21:41,775 tickets and and saying, you know, we got 2415 02:21:41,775 --> 02:21:43,370 you again. We got got you again. We're 2416 02:21:43,370 --> 02:21:46,330 educating, educating, giving them the tools they need. 2417 02:21:46,890 --> 02:21:48,970 And then, you know, the municipalities take it 2418 02:21:48,970 --> 02:21:51,610 from there. Oh, how do you keep it 2419 02:21:51,610 --> 02:21:56,490 straight? Yeah. And do you have municipalities that 2420 02:21:56,490 --> 02:21:58,305 will tell you that even when it comes 2421 02:21:58,305 --> 02:22:02,465 to selling to underage? They don't want you 2422 02:22:02,465 --> 02:22:03,984 to give they don't want you to fine? 2423 02:22:03,984 --> 02:22:06,064 Yeah, we don't do it there. It's up 2424 02:22:06,064 --> 02:22:08,305 to them. Actually make the decision on whether 2425 02:22:08,305 --> 02:22:15,370 the fine is going to happen. And I 2426 02:22:15,370 --> 02:22:17,529 have many towns there are a few towns 2427 02:22:17,529 --> 02:22:19,850 out here in Western Mass that have hold 2428 02:22:19,850 --> 02:22:25,905 permits. Just that's it. They've had more than 2429 02:22:25,905 --> 02:22:30,945 two or three sales too underage. There's no 2430 02:22:30,945 --> 02:22:33,426 questioning. It's in their regs and they pull 2431 02:22:33,426 --> 02:22:36,730 it. They even discuss it. It's a third 2432 02:22:36,730 --> 02:22:41,690 hit and it's done. It sends a pretty 2433 02:22:41,690 --> 02:22:44,971 strong message to the other establishments in their 2434 02:22:44,971 --> 02:22:47,290 towns. I mean, it does, you know, the 2435 02:22:47,290 --> 02:22:49,130 news spreads like wildfire. They talk to each 2436 02:22:49,130 --> 02:22:56,096 other. It's strict, but it's the way they 2437 02:22:56,096 --> 02:22:59,535 chose to write their own. Right. That's the 2438 02:22:59,535 --> 02:23:03,840 end of a business. And it so depends 2439 02:23:03,840 --> 02:23:05,920 on the municipality, I guess, and how they 2440 02:23:05,920 --> 02:23:07,760 feel about it because then other ones will 2441 02:23:07,760 --> 02:23:13,439 say don't even find them. Does the finding, 2442 02:23:13,439 --> 02:23:15,604 do you know this Cheryl, does the fine, 2443 02:23:15,604 --> 02:23:17,364 the fee, does it go into the general 2444 02:23:17,364 --> 02:23:18,965 fund of the municipal? It goes into the 2445 02:23:18,965 --> 02:23:21,845 general fund unless you've set up a special 2446 02:23:21,845 --> 02:23:24,885 fund, a revolving fund for tobacco. And I 2447 02:23:24,885 --> 02:23:27,779 don't think you've done that in Northampton. Yes, 2448 02:23:27,779 --> 02:23:29,140 I mean, you'd set up a special fund 2449 02:23:29,140 --> 02:23:31,220 like maybe for education or would go back 2450 02:23:31,220 --> 02:23:32,979 to the department. You would set up a 2451 02:23:32,979 --> 02:23:36,659 fund that would help you, that would give 2452 02:23:36,659 --> 02:23:38,979 you more resources to use in your time. 2453 02:23:40,226 --> 02:23:42,386 But most of the if you don't have 2454 02:23:42,386 --> 02:23:44,306 a special fund set up, it goes into 2455 02:23:44,306 --> 02:23:51,905 the general fund for the All right. It 2456 02:23:51,905 --> 02:23:55,025 sounds like we need more time to talk 2457 02:23:55,025 --> 02:24:02,729 about fines and suspensions and tolling period. And 2458 02:24:02,729 --> 02:24:05,290 I can start working on the draft and 2459 02:24:05,290 --> 02:24:08,569 I can speak with Meredith and she can 2460 02:24:08,569 --> 02:24:10,649 tell me why, well, and you guys can 2461 02:24:10,649 --> 02:24:13,105 also tell me why she feels strongly that 2462 02:24:13,105 --> 02:24:15,025 she doesn't want a tolling carrier. There's some 2463 02:24:15,025 --> 02:24:23,025 reason, I'm sure. I can't say why. I 2464 02:24:23,025 --> 02:24:25,105 just know that as a group in the 2465 02:24:25,105 --> 02:24:28,700 past, we wanted to be generally strict and 2466 02:24:28,700 --> 02:24:31,420 didn't want repeat offenders to just continue business 2467 02:24:31,420 --> 02:24:33,420 as usual, pay a fine and keep doing 2468 02:24:33,420 --> 02:24:39,436 it. But logistically keeping records, it sounds like 2469 02:24:39,436 --> 02:24:41,355 we really wanna make sure that we do 2470 02:24:41,355 --> 02:24:45,436 it right. We need more information about that. 2471 02:24:46,875 --> 02:24:50,716 Any other comments? I think we could probably 2472 02:24:52,190 --> 02:24:56,510 finish this discussion now and know that Cheryl 2473 02:24:56,510 --> 02:24:58,590 and Meredith would make up a draft, then 2474 02:24:58,590 --> 02:25:02,030 we'll just continue the discussion again. Yeah. We 2475 02:25:02,030 --> 02:25:07,035 just have something to work from. Great. Donna, 2476 02:25:07,035 --> 02:25:11,275 One thing. One of the other forms that, 2477 02:25:11,436 --> 02:25:13,035 Meredith sent you, know she sent you many, 2478 02:25:13,035 --> 02:25:14,875 so they're a bit confusing. She did send 2479 02:25:14,875 --> 02:25:16,875 one that was highlighted in yellow and green 2480 02:25:17,210 --> 02:25:20,810 that, we had done, comparing our regulations to 2481 02:25:20,810 --> 02:25:22,810 the state regulations. And a lot of the 2482 02:25:22,810 --> 02:25:25,610 highlighted yellow are the things that, really just 2483 02:25:25,610 --> 02:25:29,530 changes the language of what's in our regulations 2484 02:25:29,530 --> 02:25:31,745 right So, it's not necessarily adding anything, it's 2485 02:25:31,745 --> 02:25:33,585 just changing the language. And that's really important 2486 02:25:33,585 --> 02:25:37,265 to know because, really making it Yeah, because 2487 02:25:37,265 --> 02:25:39,105 we've run into a lot of, you know, 2488 02:25:39,105 --> 02:25:40,705 what really is a flavor and what really 2489 02:25:40,705 --> 02:25:42,305 is an enhancer and what really is a 2490 02:25:42,305 --> 02:25:45,540 blunt wrap? What really is manufacturer of letter? 2491 02:25:45,540 --> 02:25:49,221 Right, right. So, just clarifies, you know, what 2492 02:25:49,700 --> 02:25:52,020 that means. You know, we're constantly telling them 2493 02:25:52,020 --> 02:25:53,540 what it is and explaining to them what 2494 02:25:53,540 --> 02:25:55,301 it is. But, you know, when you go 2495 02:25:55,301 --> 02:25:57,460 back and you read the regulation, it's really 2496 02:25:57,460 --> 02:26:04,944 not clear. So it sounds like the state 2497 02:26:04,944 --> 02:26:07,585 regs have helped clean up our language quite 2498 02:26:07,585 --> 02:26:13,280 a bit. Yes. Good. Well, you, Cheryl and 2499 02:26:13,280 --> 02:26:15,280 Donna. Thank you so much for your Thank 2500 02:26:15,280 --> 02:26:19,841 you. Guidance. And it's complicated subject, for sure. 2501 02:26:20,240 --> 02:26:24,240 Sure is. We will take it up again. 2502 02:26:24,721 --> 02:26:27,545 Okay. Thank you. Thanks, folks. So much. You. 2503 02:26:27,545 --> 02:26:29,705 Good to see you, Cheryl. Bye bye. All 2504 02:26:32,425 --> 02:26:37,865 right, any closing thoughts about this topic? We'll 2505 02:26:37,865 --> 02:26:40,190 discuss it again. We can take as much 2506 02:26:40,190 --> 02:26:44,270 time as we want. To get it right 2507 02:26:44,351 --> 02:26:47,150 before we have a public forum on it, 2508 02:26:48,030 --> 02:26:51,070 and the only urgency is the fact that 2509 02:26:51,630 --> 02:26:54,351 we now have state regs and our own 2510 02:26:54,351 --> 02:26:56,766 local regs that are different. We have no 2511 02:26:56,766 --> 02:26:59,726 tolling period. There's these two different sets of 2512 02:26:59,726 --> 02:27:03,006 fines, and it's sort of complicated to manage 2513 02:27:03,165 --> 02:27:06,926 for us if there's violation between now and 2514 02:27:06,926 --> 02:27:12,100 when we finalize our regs. So, it'd be 2515 02:27:12,100 --> 02:27:16,979 good to get it together soon. Any other 2516 02:27:16,979 --> 02:27:20,340 thoughts about that? The only other question I 2517 02:27:20,340 --> 02:27:22,260 have is that I noticed a gas station 2518 02:27:22,260 --> 02:27:25,535 Speedway closed so they must have been selling 2519 02:27:25,535 --> 02:27:29,615 tobacco. They weren't? No, I think it had 2520 02:27:29,615 --> 02:27:32,575 more to do with their gas pumps required 2521 02:27:32,575 --> 02:27:36,016 a lot of upgrading and the financial cost 2522 02:27:36,016 --> 02:27:39,159 to that. Yeah. It wasn't why as much 2523 02:27:39,159 --> 02:27:43,080 as if there was another license available. Is 2524 02:27:43,080 --> 02:27:45,960 that the one on Route 10? King Street. 2525 02:27:51,125 --> 02:27:53,285 What happens in the just like you said, 2526 02:27:53,285 --> 02:27:55,205 Joanne, what happens in the interim while we're 2527 02:27:55,205 --> 02:27:56,965 deciding this? Do we just defer to state 2528 02:27:56,965 --> 02:27:59,125 regs at this point like we did today 2529 02:27:59,125 --> 02:28:02,245 because the citation was under state regs if 2530 02:28:02,245 --> 02:28:06,180 there is a violation? I think if there's 2531 02:28:06,180 --> 02:28:08,260 a violation of state regs, we have to 2532 02:28:08,260 --> 02:28:10,500 do what the state says. And if there's 2533 02:28:10,500 --> 02:28:12,500 a violation of local regs, we use our 2534 02:28:12,500 --> 02:28:16,739 current policy. Okay. I think so. It really 2535 02:28:16,739 --> 02:28:19,444 depends what they're cited for. As long as 2536 02:28:19,444 --> 02:28:24,164 it's stricter. As long as it's stricter, you 2537 02:28:24,164 --> 02:28:26,404 said? As long as ours are stricter than 2538 02:28:26,404 --> 02:28:29,445 the states, we can go with ours. Okay. 2539 02:28:29,604 --> 02:28:31,685 We can't be more lenient than the state. 2540 02:28:32,120 --> 02:28:34,280 Yeah. If ours are above and beyond, then 2541 02:28:34,280 --> 02:28:37,560 we do that. But if they didn't violate 2542 02:28:37,560 --> 02:28:39,319 a state reg, they don't have to have 2543 02:28:39,319 --> 02:28:42,920 the state penalty. I think that's I think 2544 02:28:42,920 --> 02:28:47,205 that's how I understand it. Yeah. All right 2545 02:28:47,205 --> 02:28:51,046 so it's to be continued next time. Shall 2546 02:28:51,046 --> 02:28:53,365 we do minutes? Did everyone have a chance 2547 02:28:53,365 --> 02:28:59,840 to look at minutes? November minutes do want 2548 02:28:59,840 --> 02:29:03,040 me to bring them up. Anybody have any 2549 02:29:03,040 --> 02:29:05,199 comments about them let's see if I have 2550 02:29:05,199 --> 02:29:12,720 a couple. Me see if I can find 2551 02:29:12,720 --> 02:29:14,535 them I thought I had them here a 2552 02:29:14,535 --> 02:29:36,850 second. Okay. One second. Where's my share screen? 2553 02:29:36,850 --> 02:29:56,095 It's covering up my share screen. Okay. Suzanne? 2554 02:29:58,550 --> 02:30:02,230 New business first paragraph. I think it would 2555 02:30:02,230 --> 02:30:05,750 be very helpful if in the second line, 2556 02:30:05,830 --> 02:30:10,070 if after COVID wastewater, if it said virus 2557 02:30:10,070 --> 02:30:19,095 concentration. Rather than just wastewater. That is true 2558 02:30:19,095 --> 02:30:31,010 also for the December minutes. Okay. Okay, and 2559 02:30:31,010 --> 02:30:33,330 also in that paragraph, I think it would 2560 02:30:33,330 --> 02:30:36,930 be very helpful if the sentence about flu, 2561 02:30:37,175 --> 02:30:40,135 Elliot reported that seven cases of flu, if 2562 02:30:40,135 --> 02:30:44,535 that came at the end, because the following 2563 02:30:44,535 --> 02:31:04,765 two sentences are about COVID again. Yep. Okay. 2564 02:31:04,925 --> 02:31:09,564 And then discussion of future board under new 2565 02:31:09,564 --> 02:31:17,245 business third paragraph. There. The last sentence, Commissioner 2566 02:31:19,580 --> 02:31:24,300 O'Leary. I didn't even notice that suggested having 2567 02:31:24,300 --> 02:31:30,380 a consultant. And that's what I have. This 2568 02:31:30,380 --> 02:31:32,300 is just a suggestion this doesn't have to 2569 02:31:32,300 --> 02:31:34,585 be done. But as I was looking through 2570 02:31:34,585 --> 02:31:37,306 the department updates, it seemed to me that 2571 02:31:37,306 --> 02:31:40,025 it would be much easier to read if 2572 02:31:40,025 --> 02:31:43,945 the department update dates were bulleted. Because this 2573 02:31:43,945 --> 02:31:46,505 is a paragraph of a lot of unrelated 2574 02:31:46,505 --> 02:31:50,400 topics. Not to change anything but it for 2575 02:31:50,400 --> 02:32:00,800 the future. Okay. Okay. That's it. Okay. Anybody 2576 02:32:00,800 --> 02:32:09,895 else. I'll do the bullets. Is it ready? 2577 02:32:11,654 --> 02:32:18,561 Yep. Does anybody wanna make a motion? I 2578 02:32:18,561 --> 02:32:24,480 make a motion to accept the minutes. Second. 2579 02:32:24,480 --> 02:32:30,561 With edits? With the edits, yes. Any other 2580 02:32:30,561 --> 02:32:38,854 discussion? And all in favor? Dallas? Yep. Suzanne? 2581 02:32:38,854 --> 02:32:44,774 Yes. Janet? Yes. Cynthia? Yes. Joanne? Yes. Thank 2582 02:32:44,774 --> 02:32:48,780 you. And December. Let's see if I can 2583 02:32:48,780 --> 02:33:32,705 find December minutes. Okay. Anybody? Suzanne, do you 2584 02:33:32,705 --> 02:33:35,745 have something else? Yeah, I have just a 2585 02:33:35,745 --> 02:33:42,580 couple. Data updates three, roman numeral three the 2586 02:33:44,899 --> 02:33:50,500 second there is was increased I think it 2587 02:33:50,500 --> 02:33:54,695 should the is should probably go And then 2588 02:33:54,695 --> 02:33:59,976 there should be an and there. No. And 2589 02:34:00,455 --> 02:34:04,855 then also the next line is the wastewater 2590 02:34:04,980 --> 02:34:30,485 virus concentration again. Yeah. Alright. Anything else? Spelling. 2591 02:34:32,030 --> 02:34:37,790 I'm sorry. Old business. I'll fix the spelling 2592 02:34:37,790 --> 02:34:48,035 of concentration. I'm sorry. Old business Roman numeral 2593 02:34:48,035 --> 02:34:57,154 five. Doctor Levin, Cheryl Savaro unable to and 2594 02:34:57,154 --> 02:35:01,970 that the state had just released new model 2595 02:35:01,970 --> 02:35:10,770 regulations. That's it. Alright. Anybody else? If you 2596 02:35:10,770 --> 02:35:14,965 go up to Jim's Variety, I think there's 2597 02:35:14,965 --> 02:35:20,325 an apostrophe after Jim and Jim's. Another grammar 2598 02:35:20,325 --> 02:35:26,165 snob, yay. And I can't recall, so I 2599 02:35:26,165 --> 02:35:28,550 don't know, but I can't recall if counselor 2600 02:35:28,550 --> 02:35:30,870 Mayori also talked about gender affirming care or 2601 02:35:30,870 --> 02:35:35,910 if that was brought up by myself. But, 2602 02:35:37,670 --> 02:35:39,670 yeah, I don't know if there's an edit 2603 02:35:39,670 --> 02:35:45,385 there necessarily. I think that was brought up 2604 02:35:45,385 --> 02:35:47,465 by you and she thought that that might 2605 02:35:47,465 --> 02:35:49,465 be included in her work. Did she say 2606 02:35:49,465 --> 02:35:52,745 that? I just know as a result of 2607 02:35:52,745 --> 02:35:56,470 this, Elliot had created a separate webpage on 2608 02:35:56,470 --> 02:35:59,189 the city's website for gender affirming care, but 2609 02:35:59,189 --> 02:36:01,189 I cannot recall if that was included in 2610 02:36:01,189 --> 02:36:06,790 this discussion. We did talk about putting information 2611 02:36:06,790 --> 02:36:11,695 on the website. And that is up now, 2612 02:36:11,695 --> 02:36:14,735 by the way. Right. Should I put that 2613 02:36:14,735 --> 02:36:22,655 in here? The city information about reproductive health 2614 02:36:22,655 --> 02:36:24,335 care and gender affirming care will be put 2615 02:36:24,335 --> 02:36:31,189 on the city website. Or is on our 2616 02:36:31,189 --> 02:36:37,510 website? It's on the city northamptonma.gov. Oh, it 2617 02:36:37,510 --> 02:36:40,125 is? Okay. Great. The link to it for 2618 02:36:40,125 --> 02:36:43,245 gender affirming care. And then on the sidebar, 2619 02:36:43,564 --> 02:37:03,200 there's also abortion. That sound look right? Yep. 2620 02:37:03,439 --> 02:37:12,675 Mhmm. Anything else? Okay. I might actually sorry. 2621 02:37:12,995 --> 02:37:18,435 I might go back up and put information 2622 02:37:18,435 --> 02:37:22,120 about abortion and reproductive healthcare or just reproductive 2623 02:37:22,120 --> 02:37:31,720 healthcare and strike women's. Okay. Okay, anything else? 2624 02:37:35,565 --> 02:37:39,485 Great. Anybody want to make a motion? I 2625 02:37:39,485 --> 02:37:43,966 motion to approve the minutes as edited. Second. 2626 02:37:44,925 --> 02:37:54,500 Any other discussion? All in favor, Dallas? Yes. 2627 02:37:55,620 --> 02:38:01,996 Suzanne? Yes. Janet? Yes. Cynthia? Yes. Joanne? Yes. 2628 02:38:03,355 --> 02:38:06,636 Thank you. I think oh, the last thing 2629 02:38:06,636 --> 02:38:09,436 to we were gonna go over the calendar. 2630 02:38:13,115 --> 02:38:17,051 So, Janet, you had some conflicts? I do. 2631 02:38:17,051 --> 02:38:21,530 I it was travel that was planned before 2632 02:38:21,530 --> 02:38:25,210 I had the meeting dates for both, unfortunately, 2633 02:38:25,210 --> 02:38:29,465 both February and March. I'm not expecting you 2634 02:38:29,465 --> 02:38:32,425 to change the meeting unless it's problematic for 2635 02:38:32,425 --> 02:38:39,465 others as well. That's it for the year. 2636 02:38:41,720 --> 02:38:44,680 I can't find that document. Meredith was going 2637 02:38:44,680 --> 02:38:45,800 to send it out, but I don't think 2638 02:38:45,800 --> 02:38:49,160 she sent it to me. Does anybody else 2639 02:38:49,160 --> 02:38:51,960 have it? No, but I have a conflict 2640 02:38:51,960 --> 02:38:55,405 in July. So I guess that brings up 2641 02:38:55,405 --> 02:38:57,806 the question which has come up before if 2642 02:38:57,806 --> 02:39:00,205 someone has a conflict do we try to 2643 02:39:00,205 --> 02:39:03,325 move the date, or if only one person 2644 02:39:03,325 --> 02:39:06,285 has a conflict we keep the date. We 2645 02:39:06,285 --> 02:39:08,859 certainly want to have a quorum and it's 2646 02:39:08,859 --> 02:39:12,300 certainly helpful for a lot of us and 2647 02:39:13,180 --> 02:39:16,700 Meredith's office and and to have some regularity 2648 02:39:16,700 --> 02:39:20,140 and predictability and for the public as well. 2649 02:39:22,945 --> 02:39:28,385 How would you like to handle that? I 2650 02:39:28,385 --> 02:39:29,825 I don't think you should move it for 2651 02:39:29,825 --> 02:39:33,025 one person because you'll still have a quorum. 2652 02:39:33,425 --> 02:39:38,420 Mhmm. It becomes very complicated to find another 2653 02:39:38,420 --> 02:39:47,380 date that we all can agree upon. It 2654 02:39:47,380 --> 02:39:49,780 makes we we have a full board now. 2655 02:39:49,780 --> 02:39:52,854 Right? Yes. It makes sense now that we 2656 02:39:52,854 --> 02:39:55,095 have a full board and a schedule for 2657 02:39:55,095 --> 02:39:58,375 the year that we would all be able 2658 02:39:58,375 --> 02:40:01,175 to plan out for the entire year. Mhmm. 2659 02:40:01,175 --> 02:40:06,980 Right. Right. Yep. I would agree not to 2660 02:40:06,980 --> 02:40:14,340 change it. So if someone can't come, they 2661 02:40:14,340 --> 02:40:15,940 should let me know because then if I 2662 02:40:15,940 --> 02:40:18,365 hear from two people then then maybe we 2663 02:40:18,365 --> 02:40:21,966 would consider changing it. A quorum is three, 2664 02:40:21,966 --> 02:40:24,205 right? So we need at least three. I 2665 02:40:24,205 --> 02:40:25,966 guess we could go forward with three, although 2666 02:40:25,966 --> 02:40:29,840 we wouldn't necessarily feel good about voting when 2667 02:40:29,840 --> 02:40:33,840 almost half of us are gone, but, it's 2668 02:40:34,000 --> 02:40:40,240 it would be legal. So I think if 2669 02:40:40,319 --> 02:40:42,319 one person's out, we'll keep it the same. 2670 02:40:42,319 --> 02:40:44,185 If two people are out, we could put 2671 02:40:44,185 --> 02:40:46,104 out a notice and see if there's an 2672 02:40:46,104 --> 02:40:50,265 easy fix. And if there isn't, then we'd 2673 02:40:50,265 --> 02:40:51,865 leave it. And if three people are out, 2674 02:40:51,865 --> 02:40:57,720 we can't really have the meeting. All right. 2675 02:40:57,720 --> 02:41:02,680 So our next scheduled meeting is February 16. 2676 02:41:03,560 --> 02:41:05,800 So right now, everyone can come except for 2677 02:41:05,800 --> 02:41:09,880 Janet. And we'll talk a lot more about 2678 02:41:09,880 --> 02:41:20,405 tobacco. Okay. Anything else? Thank you for all 2679 02:41:20,405 --> 02:41:22,966 your work tonight. It was a lot. Thank 2680 02:41:22,966 --> 02:41:27,061 you. Thank you. Thank all. Alright. We'll see 2681 02:41:27,061 --> 02:41:29,380 you next time. Alright. Feel better. Do we 2682 02:41:29,380 --> 02:41:32,740 have to move to adjourn? Oh, yeah. Move 2683 02:41:32,740 --> 02:41:38,180 to adjourn. Second. Let's race to be to 2684 02:41:38,180 --> 02:41:43,985 second that. Any discussion? All in favor? Dallas? 2685 02:41:43,985 --> 02:41:50,306 Aye. Yes. Suzanne? Yes. Janet? Yes. Cynthia? Yes. 2686 02:41:50,545 --> 02:41:53,186 Joanne, yes. We do it verbally because the 2687 02:41:53,186 --> 02:41:56,460 recording has to hear it, So can't can't 2688 02:41:56,460 --> 02:42:00,700 record our waves. Okay. Thank you, Amy. Alright. 2689 02:42:00,700 --> 02:42:02,061 Thank you. You guys have a good night. 2690 02:42:02,061 --> 02:42:02,540 Bye, everyone.