Board of Health

Braintree Board of Health Meeting Held Via Zoom Thursday, February 16, 2023, 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 Lyn Frano, Substance Use Prevention Coordinator Kathleeen Mahoney, Tobacco Compliance Officer Lisa Stevens Goodnight, MMA Tobacco Control 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: January 12, 2023 Motion By: Dr. Nedelman to approve the minutes of January 12, 2023 Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes New Business: Request for Keeping of Chickens Permit, 788 Commercial Street Sammy Lau and Mia Le (applicant/owner) were present before the Board via Zoom. Ms. McGrath stated the applicant is requesting to keep 5 chickens on their property. The proposed coop and run would be 10 feet off the rear and 10 feet of the side property line. Photographs were provided of the proposed coop. The run would be buried into the ground to protect from rodents. They will be using the droppings for compost. All abutters have been notified. Two abutters have signed off on having received the notification and she has not received the notification delivery back from two abutters. Motion By: Dr. Nedelman to approve the request for keeping of 5 chickens, 788 Commercial Street Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Braintree Board of Health, February 16, 2023 Page 2 of 3 Hearing: Notice of Sale of Tobacco Product Violations: Lukes Convenience Store, 411 Pond Street, Braintree, MA Bobby Patel, Owner, was present before the Board via Zoom. Ms. McGrath stated there have been multiple violations noted by the tobacco compliance officer at this location. Ms. Mahoney stated she did an inspection on June 17, 2022 and noticed the humidor was unlocked. While she was there a customer came in and asked for menthol cigarettes. On June 23, 2022 she did a compliance check with no violations. On October 26, 2022 the FDA did a compliance check and there were no violations. On January 5, 2023 she did an inspection. During this inspection there was a lot of product out that is not allowed. There was flavored vape and she informed them this was not allowed. In the backroom in a microwave there were several boxes of Crave 5% disposable vape products. She also located a couple of sleeves of Grizzly Wintergreen and packages of Newport cigarettes with menthol. In the walk-in she found blunt wraps. Ms. Mahoney stated she talked to the manager about all of this. She packaged everything up and told him to call the owner to have these products removed right away. She, along with Ms. McGrath, met with the owner on January 9 and while they were there she observed a woman come in and ask for 5% Crave. She returned on January 13, 2023 and all the products were moved at that point. Ms. McGrath stated there were three violations of the regulations observed on January 5, 2023. Mr. Patel did make corrections, but they are violations of the regulations. This would be a first offense but there are multiple violations so it could be considered a second or third offense, that would be up to the Board. Ms. Melchionda stated since the owner took the products off the shelf this should just be a first offense. Dr. Bregoli was in agreement that this should be considered a first violation. Dr. Nedelman stated he feels this should be considered a third offense since there were multiple violations. Ms. McGrath reminded the Board there is a mandatory fine fee schedule the Board would have to follow. She stated if this was considered a first offense there would be a $1000 fine and no sale of tobacco products for five consecutive days. Motion By: Dr. Nedelman to impose first offense effective 2/17/2023 at 12 noon. Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Public Hearing: Amendments to the Regulations of the Board of Health Restricting the Sale of Tobacco Products Motion By: Dr. Nedelman to open the public hearing. Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Braintree Board of Health, February 16, 2023 Page 3 of 3 Ms. McGrath stated on February 3, 2023 a notice was sent to all tobacco permit holders informing them of the public hearing, when it would be held, and a copy of the proposed amended regulations. She also published the public hearing in the local newspaper, which she read aloud to the Board. Ms. McGrath stated there is one attendee present for the public hearing. Ms. McGrath stated this regulation had to be amended to incorporate state mandated requirements. She reviewed the state requirements and the amendments made to the regulation. Dr. Bregoli opened the meeting up to public comment. Mike Gardner, Penta-G Corporation, addressed the Board. He stated he received the notice and wanted to attend to stay informed. He stated he appreciates the level of detail provided and has no questions. Ms. McGrath stated Mr. Gardner holds two tobacco permits, one for Eddie and Mike’s Sunoco and the second for Granite Street Citgo. Ms. McGrath stated if the Board approves the amendments to the regulation she will have to publish in the newspaper a general synopsis of the amendments. She also has to send a copy of the publication and notification to the state to notify them that there has been a change to the regulation so they can review it as to form. She recommended not making the amendments effective for at least 30 to 60 days. Motion By: Dr. Nedelman to close the public hearing. Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Motion By: Dr. Nedelman to approve proposed amendments to the Regulation of the Braintree Board of Health Restricting the Sale of Tobacco Products, and amended regulation becoming effective on May 1, 2023. Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Informational: Ms. McGrath provided a copy of the 2023 meeting schedule. She reminded the Board that currently Zoom meetings are allowed through the end of March 2023 and she is not sure if the state will be extending this but will keep the Board informed. Next Meeting: March 9, 2023 Motion By: Dr. Nedelman to adjourn the meeting at 8:15 p.m. Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes