Board of Health

Braintree Board of Health Meeting Held Via Zoom Thursday, December 14, 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 Crystal Huff, Town Solicitor Kathleen Mahoney, Tobacco 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: September 21, 2023 Motion By: Dr. Nedelman to approve the minutes of September 21, 2023 Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes New Business: Public Hearing, Proposed Amendments to the Amended Regulation of the Board of Health Restricting the Sale of Tobacco Products Motion By: Ms. Melchionda to open the public hearing. Second By: Dr. Nedelman Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Crystal Huff, Town Solicitor, stated today they had oral arguments in the appeal of the Cumberland Farms case. One issue is whether the Board can suspend a permit on the first violation. She recommended continuing that decision until they have a decision from the court. She also recommended inserting a provision to expressly allow the Board of Health to impose fines as part of a penalty. She stated this would be a simple amendment. She recommended going through the proposed amendments one-by-one. Dr. Nedelman stated the regulations they had previously were much milder than the ones presently in effect. They have agreed with the state mandates and changed their regulation to match the state and he asked why they are making these changes now. Braintree Board of Health, December 14, 2023 Page 2 of 3 Ms. McGrath stated when the Board amended the regulations in February, to go into effect May 1, 2023, the biggest piece was to update the fining mechanism that matched the state requirements. There were also administrative language changes as well as things they had seen in the community that needed to be updated. Since the adoption of the current amended regulations there were some things found in the course of conducting compliance checks and through legal action that needed to be updated to be more workable for the Board and the community. Ms. Huff stated the Board has adopted a version of the model regulations for towns that have been set forth by the state. The regulations have things within them that are specific to Braintree. One of the things that they have been discussing in Section F is language prohibiting the offer for sale of flavored tobacco products, which will bring it in line with the state regulations. Also language preventing the storage of flavored tobacco products in Braintree for clarity and help with enforcement. Ms. McGrath stated in a recent violation and now litigation the item that was observed was a flavored tobacco product, and this would help strengthen the regulation and help clarify that it is not just about the sale of tobacco, but the offering for sale and storage of the product, which is prohibited. Dr. Bregoli asked if they are going to be able to change language in the regulation when there is ongoing litigation. Ms. Huff stated the litigation concerns the 2018 regulations, it does not impact these regulations. However, there are some things that have come up where they could update the current regulations to make them more compliant and more workable. She stated these changes will not impact the litigation at all. Ms. Huff stated in the amended regulations from 2020 it narrowed down who would receive a tobacco permit suspension only to an underage sale. Otherwise all other violations are just a fine. In the previous regulation everyone got a fine and a suspension of their permit. She recommended holding off on making a decision on this until the court makes a decision, but wanted to put this on the Board’s radar. Dr. Bregoli asked if the town regulations can be different than the state. Ms. McGrath stated Board of Health regulations can be more stringent than the state but cannot be less stringent. Ms. McGrath stated under the violation section, Section S-1a, Ms. Huff is recommending language that would read: In the case of a first violation a fine of $1000 shall be issued and the tobacco sales permit suspended for five consecutive days for any tobacco violation. This is being presented for future consideration, not at this meeting. Ms. Huff recommended changing S4, as it does not indicate the Board can charge fines. She recommended adding language stating after a hearing the Braintree Board of Health shall impose fines, suspend or revoke the tobacco sales permit if the Board of Health finds that a violation of this regulation occurred. Ms. Huff made the following legal recommendations:  Continuing the portion of the public hearing involving Section S-1a, proposed amendments of the regulation.  Amending Section S-4 to expressly allow for the Board of Health to impose fines. Braintree Board of Health, December 14, 2023 Page 3 of 3  Amending section H to add “offer for sale, store” language. There were no members of the public present via Zoom to offer comments or ask questions. Motion By: Ms. Melchionda to amend Section H and Section S-4 as recommended, effective immediately. Second By: Dr. Nedelman Unanimously voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Motion By: Ms. Melchionda to continue the public hearing to Thursday, February 15, 2024 to consider an amendment to Section S-1a. Second By: Dr. Nedelman Unanimously voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes Informational: Ms. McGrath stated they have a new Mayor-elect who will be sworn in on January 2, 2024. She will let members know if she hears of any future changes. Ms. McGrath reviewed the proposed 2024 meeting calendar. She stated the only conflict is March, Dr. Bregoli is not available for the proposed meeting dates. She recommended scheduling the remaining months and not scheduling a meeting in March. If an emergency were to come up in March she could schedule an emergency meeting. Board members were in agreement. Motion By: Dr. Nedelman to adjourn the meeting at 7:26 p.m. Second By: Ms. Melchionda Unanimously Voted by roll call: Dr. Bregoli-yes; Dr. Nedelman-yes; Ms. Melchionda-yes