Board of Health

Braintree Board of Health Meeting Held Via Zoom Thursday, September 15, 2022, 7:00 p.m. IN ATTENDANCE: Dr. Arthur Bregoli, Chairman Dr. Philip Nedelman, Vice Chairman Juliana Melchionda, Clerk ALSO PRESENT: Marybeth McGrath, Director of ML & I Kathleen Mahoney, Tobacco Control Inspector/ Compliance Officer Dr. Bregoli called the meeting to order at 7:00 p.m. by roll call vote: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Approval of Meeting Minutes: August 11, 2022 Motion By: Ms. Melchionda to approve the minutes of August 11, 2022 Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes List of Complaints: The Board reviewed a list of complaints received from August 8-September 9, 2022. Ms. McGrath stated they have been getting a variety of restaurant complaints regarding cleanliness. There have been a lot of rodent complaints spread throughout town and assorted housing complaints, but nothing unusual. New Business: Request for Animal Permit (Chickens) Robin & Thomas Bertoni, 447 Union Street Robin & Thomas Bertoni were present before the Board via Zoom. Ms. McGrath stated the applicant is requesting a permit for the keeping of up to 12 chickens. This is a very large property and an inspection has been conducted. The proposed location of the coop is well over the minimum 10 feet required. All abutters have been notified and she has received no comments for or against this proposal. Braintree Board of Health, September 15, 2022 Page 2 of 4 Mr. Bertoni stated the coop will be 6 x 6 feet and 5.5 feet tall. There will be an 8 foot run which will be protected underground. Waste will be placed in their trash bags and disposed of properly. Their plan is to start with 8 chickens and see how it goes. Motion By: Dr. Nedelman to approve the animal permit for the keeping of chickens at 447 Union Street. Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Wei Song, 9 Fairmount Avenue Ryan Son was present before the Board via Zoom. Ms. McGrath stated the request is for the keeping of ten chickens. A property visit was conducted. There is a shed in the rear of the property and an existing coop with chicks. The coop is located 6 feet from the property line and the applicant has been instructed that the regulation requires it be located 10 feet from the property line. Abutter notices were sent out earlier this week and she has not received receipts back at this time. The coop is small and the run is not enclosed. A neighbor did contact Ms. McGrath to express concern with approval of this permit. Dr. Nedelman asked how many abutters there are to this property. Ms. McGrath stated there are four direct abutters. Ms. Melchionda recommended tabling this discussion until all neighbors have received their notifications and have an opportunity to respond. Ms. McGrath asked if the Board would like to do anything about the chickens that are currently located on the property without a permit. It was decided to wait until the next meeting and hear what concerns, if any, the abutters may have. Motion By: Dr. Nedelman to table the agenda item until the coop is moved and enclosed and verification of notifications to abutters has been received. Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Sale of Tobacco Violation, 777 Lucky Corner, 250 Granite Street Attorney Kimberly Kroha, representing Diya Patel, owner, was present before the Board via Zoom. Also present was Kathleen Mahoney, Tobacco Control Inspector/Compliance Officer for the town. Ms. McGrath stated this is a retail store located at the South Shore Plaza. Ms. Mahoney stated on July 29 she sent a youth inspector into the establishment and he was able to purchase a package of Marlboro cigarettes. He was not asked for an identification. Braintree Board of Health, September 15, 2022 Page 3 of 4 Ms. McGrath stated the state regulations require a fine of $1000 for a first offense. This fine has been paid by Mr. Patel. The local regulation requires a five day suspension of their sale of tobacco permit for a first offense. Merchant education is also required. Dr. Bregoli asked if the tobacco products would have to be removed from the premises during the suspension. Ms. McGrath stated for insurance purposes the Board has allowed previous offenders to store their product locked and secured at the premises, but in a location away from the sales floor. Kimberly Kroha stated her client takes this very seriously. They do not know exactly what happened in this instance. They were notified of this three weeks after the event and their security cameras only keep recordings for 20 days. The clerk could not recall what happened when notified three weeks later. She requested that the suspension not be imposed due to the timeframe of notification and not being able to review factual information to determine what happened when the compliance check occurred. Dr. Nedelman stated he would like to proceed with imposing the suspension. Dr. Bregoli stated the Board has always been consistent in imposing the suspensions in these instances. Attorney Kroha asked that they be given a few days to a week before the suspension begins. Motion By: Ms. Melchionda to impose the 5-day suspension of the tobacco sales permit beginning at 12 noon on Friday, September 16, 2022 through Wednesday, September 21, 2022 at 12 noon. Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Ms. Mahoney stated all tobacco products must be removed during the suspension, including vape products, cigarettes, electronic devices, chewing tobacco, smokeless tobacco, and cigars. Review Draft Amendment/Update to Existing Restricting the Sale of Tobacco Products Regulation: Lisa Stevens-Goodnight of the MA Municipal Association Tobacco Control Program, as well as Kathleen Mahoney, were present to assist with a discussion regarding amending/updating the town’s existing Restricting the Sale of Tobacco Products Regulation. Ms. McGrath reviewed the items in the Board’s packet. She stated the state amended their tobacco regulations in many areas, including fines. Braintree’s fining system is $100 for the first offense, $200 for the second offense, and $500 for the third offense, as compared to the state’s fines which are $1000 for the first offense, $2000 for the second offense, and $5000 for the third offense. She recommended that the Board update their regulations to reflect the state fining system. Additional language in the local regulations will also have to be updated to reflect the state’s changes. Braintree Board of Health, September 15, 2022 Page 4 of 4 Ms. Stevens-Goodnight stated by changing the language in the regulation they will be able to provide retailers with a document that has all the information they need in one place, they will not have to look up the town and then the state regulations to know what they have to do to be in compliance. Ms. McGrath stated Ms. Stevens-Goodnight, Ms. Mahoney, and Lyn Frano have helped to review the current regulation and have made proposed changes. The proposed changes were reviewed with the Board. An in depth discussion was held and all questions from the Board members were addressed. Motion By: Dr. Nedelman to endorse the draft regulation with the changes made. Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Ms. McGrath stated the draft regulation will have to go to the town solicitor for review. A public hearing will have to be scheduled allowing enough time for notification to the vendors as well as the newspaper. It was decided to hold a public hearing at the December meeting. A decision will be made at a future date on whether the meeting in December will be held in person or via Zoom. Informational: Ms. McGrath stated beach testing has ended for the season. Both Smith Beach and Sunset Lake came back with high readings during the last week of testing. She stated rain was probably the likely reason for the readings. Ms. McGrath announced a flu clinic will be held on Sunday, October 16. They are hoping to offer a COVID Bivalent booster clinic if they can obtain enough doses. The state is trying to get an additional supply of Moderna and they will see what is being offered at that time. Ms. McGrath stated the Skyline Apartments case is ongoing. There is another court hearing in October and they are hoping the management company is continuing to make improvements on the property. In August they had asked the judge to put the property into receivership, however, he was not willing to do so as he felt they were making some progress with improvements. He will reconsider this request at the October hearing depending on how much progress has been made. Next Meeting: October 13, 2022 Motion By: Dr. Nedelman to adjourn the meeting at 8:25 p.m. Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes