Board of Health

Braintree Board of Health Meeting Held Via Zoom Thursday, September 21, 2023, 7:00 p.m. IN ATTENDANCE: Dr. Arthur Bregoli, Chairman Dr. Philip Nedelman, Vice Chairman NOT PRESENT: Juliana Melchionda, Clerk ALSO PRESENT: Marybeth McGrath, Director of ML & I Dana Logan, Health Inspector Michael Minihane, Health Inspector Dr. Bregoli called the meeting to order at 7:00 p.m. by roll call vote: Dr. Bregoli-yes; Dr. Nedelman-yes Approval of Meeting Minutes: July 13, 2023 and August 17, 2023 Motion By: Dr. Nedelman to approve the minutes of July 13, 2023 Second By: Dr. Bregoli Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes Motion By: Dr. Nedelman to approve the minutes of August 17, 2023 Second By: Dr. Bregoli Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes New Business: Request for Hearing (Housing Code), Housing Order, 127 Allen Street Ms. McGrath stated a housing order was issued on August 8 after an inspection done on that same date. The violations are outlined in the order, both a 24-hour critical violation and other violations that needed to be corrected within seven days. The property owner requested a hearing before the Board. Joseph Cushing, the property owner, was present before the Board via Zoom. He stated he is in a court proceeding to evict his tenant. The smoke detectors were present in the house when it was rented. He has documentation of the purchase of the detectors and the installation by an electrician. He stated all the violations cited were due to the tenant. The water stain on the ceiling in the living room is because he flooded the heating Braintree Board of Health, September 21, 2023 Page 2 of 3 system, which is steam. The tenant claims all winter he did not have any heat. He asked that this matter be continued until after his court date. He is concerned as the tenant has weapons in the house, as well as an attack dog. He has a plumber, electrician and carpenter ready to make repairs to the house and the tenant would not let him in. Ms. McGrath stated there were a lot of things alleged that the health department is not aware of. They received a complaint and were obligated to investigate it. The housing order was issued based upon violations of the housing code that were determined by the two inspectors on site. They have no knowledge of an issue with the heating system and this was not included in the order. The smoke and carbon monoxide detectors are a 24- hour critical violation and need to be replaced. On inspection there were no detectors present, just the cradles. She stated the homeowner has not contact the health department to let them know he was having difficulty getting into the house to make repairs, as they could have intervened. She recommended the Board uphold the order as written. She stated they would be happy to mediate so the repairs can be made. Mr. Cushing stated if they can assist he will have the repairs made, with a police officer present. Dr. Nedelman asked what is necessary from the health department perspective to get these items corrected. Ms. McGrath stated all these items need to be corrected, but the most pressing issue is the smoke/carbon monoxide detectors. They can work out a time for the other items to be corrected. Mr. Minihane agreed the smoke/carbon monoxide detectors are critical items, as well as the rear door, which is difficult to open. He stated if those items can be corrected they can work with the homeowner on the other items after the court hearing. Ms. McGrath stated if there is concern about getting access to the house the homeowner could install battery operated detectors as a temporary measure. Dr. Bregoli asked how many smoke/carbon monoxide detectors would be required. Ms. McGrath stated one on each level, the basement, first floor, and second floor. Dr. Bregoli stated three detectors and repair of the back door would have to be completed. Ms. McGrath stated they will make contact with the resident tomorrow (September 22) and arrange a time to install the detectors and repair the back door. Mr. Cushing was in agreement with this plan. Motion By: Dr. Nedelman to uphold the housing order as written. Second By: Dr. Bregoli Unanimously voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes Informational: Update, Cumberland Farms, Hearing on Preliminary Injunction: Ms. McGrath stated in May Cumberland Farms came before the Board for a tobacco violation hearing. The Board determined that a violation did occur and imposed the first offense of a $1000 fine Braintree Board of Health, September 21, 2023 Page 3 of 3 and a five day suspension of their tobacco sales license. Cumberland Farms objected to this and appealed it in court. They did offer a settlement of paying the $1000 fine and holding the suspension in abeyance but the Board was not in agreement. They did go to court on Tuesday, September 19 for a motion for preliminary injunction. Ms. McGrath read a synopsis provided by Town Solicitor Crystal Huff. The judge did not rule on the injunction as he wants the case to progress to a judgement on the pleadings. A hearing on the pleadings has been scheduled for December 14, 2023. Ms. McGrath noted that if there were a compliance check at Cumberland Farms in the future and a violation was found it would follow the Board’s normal procedures, and this matter would not impact it. She stated she will keep the Board updated on this matter. Ms. McGrath stated they are waiting for the remainder of their flu vaccines so they can schedule a flu clinic in October. In the past they have gone to the middle and high schools to administer flu vaccines to those students who wanted them, however, participation has dropped in recent years. Because of this they will be offering flu shots at the town hall clinic for those families who may want their children vaccinated, using the state supplied flu vaccine. She stated they will not be offering COVID vaccines. Ms. McGrath stated they are still involved with their court hearing with the attorney general versus Skyline apartments. They continue to work with them to make corrections on significant ongoing violations, and will continue working with the attorney general’s office to get this resolved. Next Meeting: October 19, 2023 Motion By: Dr. Nedelman to adjourn the meeting at 7:34 p.m. Second By: Dr. Bregoli Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes