Board of Health

Approved BOH Meeting 8.7.24 PRESENT: Jo-Ann Keegan, Chairperson William Galvin, III Board Member Erin Gendron, Board Member Kathleen Cullen-Lutter, Board Member Alison Keegan, Board Member - Absent Lisa Golden, HHS Director Cesar Pungirum, Tobacco Control Director Board of Health Chairperson Jo-Ann Keegan called June 5, 2024 meeting of the Board of Health to order at 6:01PM 6/5/2024 – Minutes 1. NEW BUSINESS 1.I. For Acceptance: Minutes of the May 1, 2024 Meeting of the Lowell Board of Health Motion: To accept the minutes of the May 1, 2024 Meeting of the Lowell Board of Health made by Erin Gendron, seconded by Kathleen Cullen-Lutter. All in favor. 1.II. Request to Address the Board relative to Health & Safety Concerns Ms. MaryBeth Murphy, Clinical Director - Megan House Foundation, and Ms. Kerrie D’Entremont, Executive Director of the Greater Lowell Health Alliance of CHNA 10, were present to address the Board regarding their concerns regarding the availability of Kratom. The Board discussed what Kratom is, what it is used for, its availability to the citizens of Lowell, and regulations that other cities may have. Tobacco Control Director Cesar Pungirum was asked by the Board to reach out to the Mass Department of Public Health to determine if there is an ongoing state-wide conversation regarding the regulation of Kratom. Motion: to Request Health and Human Services Director Lisa Golden and Tobacco Control Director Cesar Pungirum to create a proposal to regulate the sale and consumption of Kratom made by William Galvin, seconded by Erin Gendron. All in favor. 1.III. For Review: Tobacco Control Monthly Report Submitted by Cesar Pungirum, Program Director Tobacco Control Director Cesar Pungirum reviewed the monthly report with the Board noting that there are ongoing education efforts with the establishments regarding Delta 8 and Delta 9 products. Due to the educational efforts, there are currently no citations being issued but that will change when education outreach is completed. Mr. Pungirum also informed the Board that there are Nicotine-Free Generation (NFG) policies that are starting to develop in various municipalities and states. 1.III.i. Tobacco Control Suspension Hearing - Second Offense Establishment Date of Violation Fine Status Yaya Cigars & Vapes, Inc. 309 Chelmsford St 1/12/2024 $2,000 Paid Mr. Jaques About, the establishment’s owner and Mr. Thareun Vudeha, the employee at the time of the violation, were present to speak to the Board. Mr. Pungirum reviewed the circumstances of the violation with the Board. Mr. Pungirum noted that this violation was not a sale to a minor but rather a violation of the State Tobacco Regulations which restrict persons under the age of twenty-one (21) from entering the store for any reason. Mr. Pungirum recommended to the Board that the suspension, per state law, be for seven (7) consecutive business days beginning at the start of business on June 17, 2024 through the close of business on June 23, 2024.  BOHM06052024 Page 2 Mr. Pungirum also informed the Board of an additional violation which occurred on June 4, 2024 regarding the presence of Delta 8 and Delta 9 products in violation of the State Tobacco Regulations. Mr. Pungirum indicated to the Board that the pattern of violations at this establishment is raising his concerns. Mr. Vudeha addressed the Board regarding the violation. Mr. Abbout also addressed the Board regarding the circumstances of the violation. Mr. Abbout informed the Board that he would close the establishment for the length of the suspension because the majority of the establishment’s sales were tobacco products. Mr. Pungirum did inform the Board that the establishment had other products that could still be sold during the suspension. Motion: to suspend the tobacco sales permit for seven (7) consecutive business days as recommended made by Erin Gendron, seconded by Kathleen Cullen-Lutter. All in favor 1.IV. For Review: Monthly Development Services Reports Submitted by Sr. Sanitary Code Inspector Jimmy Le Senior Sanitary Code Inspector Jimmy Le reviewed the reports with the Board. Mr. Le informed the Board that he would be leaving the employ of the City at the end of the month. Mr. Le also noted that he has spoken with Banner Pest regarding the changing of the bait in the traps located at the Café in the High School and that it came to light that the storeroom is locked, and the school custodian does not have access to it. Mr. Le would also like the Café staff to keep a log of rodent sightings and for Banner to note when the bait is changed. Chairperson Jo-Ann Keegan asked Mr. Le to update HHS Director Golden on the status of obtaining the key prior to leaving. The Board thanked Mr. Le and wished him the best with his future endeavors. 1.V. For Review: PrideStar EMS, Inc. Reports and Notifications submitted by Jon Kelley The Board had no questions regarding the report. 1.VI. Informational: CMMCP Monthly Mosquito Spraying information - June 2024 The Board had no questions/comments regarding the information. 1.VII. Informational: National Grid 2024 update to Yearly Operational Plan The Board had no questions/comments regarding the YOP. 2. OLD BUSINESS 2.I. For Review: Cashins & Associates Air Quality Report The Board had no questions/comments regarding the report. 2.II. Body Art Regulations Motion: to set the public hearing for the August 7, 2024 meeting of the Board of Health made by Erin Gendron, seconded by Kathleen Cullen-Lutter. All in favor. 3. DIRECTOR'S REPORT 3.I. Departmental and Divisional Reports and Updates HHS Director Golden reviewed the reports with the Board noting that the more families were expected at the Inn & Conference Center after the end of the school year, and that the children were receiving vaccines from the state contractor Cataldo Ambulance Service. Director Golden also informed the Board that the City Council approved the proposed City Budget and she was happy with the amount that HHS received. 4. Motion: To Adjourn Motion: To adjourn at 7:02 PM made by William Galvin, seconded by Erin Gendron. All in favor. THE NEXT MEETING OF THE LOWELL BOARD OF HEALTH WILL BE HELD AT 6:00PM ON AUGUST 7, 2024 AT THE MAYOR’S RECEPTION ROOM, CITY HALL, 375 MERRIMACK ST 2ND FLOOR