Board of Health

Approved BOH Meeting 10.2.24 PRESENT: Jo-Ann Keegan, Chairperson William Galvin, III Board Member Erin Gendron, Board Member Alison Keegan, Board Member Kathleen Cullen-Lutter, Board Member Lisa Golden, HHS Director Cesar Pungirum, Tobacco Control Director Board of Health Chairperson Jo-Ann Keegan called September 4, 2024 meeting of the Board of Health to order at 6:01PM 9/4/2024 - Minutes 1. NEW BUSINESS 1.I. For Acceptance: Minutes of the August 7, 2024 Meeting of the Lowell Board of Health Motion: To accept the minutes of the August 7, 2024 meeting of the Lowell Board of Health made by Erin Gendron, seconded by Alison Keegan. All in favor. 1.II. For Review: PrideStar EMS, Inc. Reports and Notifications submitted by Jon Kelley Mr. Kelley Revised the reports with the Board and noted the new beta test for the quarterly report. This test report will continue to be done and the Board will review in six months. 1.III For Review: Monthly Development Services Reports Submitted by Matthew Sheehan The Board reviewed the reports which were submitted by Sr. Sanitary Code Inspector Matthew Sheehan who was not present at this meeting. Board Member William Galvin would like to know why the Empire Hunan Restaurant did not have an inspection for one year. Chairperson Jo-Ann Keegan noted there that is a discrepancy between the report list and the failed inspection report. HHS Director Lisa Golden will follow up regarding the restaurant with Sr. Inspector Matthew Sheehan. Director Golden also informed the Board that the schools are in the process of being inspected and should be in the October report. 1.IIV. For Review: Tobacco Control Monthly Report Submitted by Cesar Pungirum, Program Director Discussion: Relative to the availability and sale of Kratom products Tobacco Control Director Cesar Pungirum provided a draft of possible regulations regarding Kratom. Mr. Pungirum gave the Board an overview of the proposal and noted that this is only to restrict the sale to Over-21 Tobacco Establishments with a valid Tobacco Sales permit from the City without a separate permitting process. The regulations will also address the presence of Kratom in other establishments, fines, and suspensions. Discussion on how the Commonwealth is regulating Kratom and any FDA regulations/oversight occurred. Mr. Pungirum informed the Board that they would be able to delegate anyone as an Agent of the Board of Health for enforcement purposes. The Board will review the proposal from Mr. Pungirum for the next meeting so that suggestions can be made and submitted to the Law Department for review prior to a public hearing being scheduled. Chairwoman Keegan inquired if any person present would like to address the Board on the issue. Paulette Renault-Caragianes, 84 Beech St Lowell, addressed the Board in favor of regulating the sale or ban of Kratom products. Mike Overstreet, 64 Chino Ave Worcester, addressed the Board on how Kratom benefited his health and how the industry self-regulates. Mr. Overstreet noted that he felt a ban should not occur but is in favor of age restrictions. Nelson Ferrera, 150 Wood St Lowell, addressed the Board and noted his establishment has sold this product for years. Mr. Ferrera would favor age restrictions but not a ban.  BOHM09042024 Page 2 Holly Trouville, 230 Pawtucket Blvd Lowell, addressed the Board in favor of a ban on the sale of Kratom products noting that her child passed away after consuming a drink containing Kratom. Mr. Trouville noted that Kratom is an unregulated product, and that the active ingredient can change depending on the location the plant is grown. Eric Gitschier, 34 Livingston Ave Lowell, addressed the Board on behalf of the City Council in favor of a ban on the sale of Kratom products noting that Lowell should be a front-runner on this subject. Mr. Gitschier inquired on regulations in other municipalities such as Belchertown. Mr. Pungirum indicated that he will look at their regulations, but he believes that they restricted sales rather than banned the product. Chairwoman Keegan will request the subject be placed on the agenda for further review next month on proceeding on either regulating or banning Kratom products. Public Hearings The following establishments will be subject to tobacco permit suspension hearings stemming from failed compliance checks conducted in the month of May 2024. Public hearings began at 6:55PM. Establishment Address Date of Violation Fine Status Highland Variety 146 Pine Street 5/17/24 $2,000 Paid Mr. Pungirum reviewed the circumstances of the sale with the Board and recommends a seven (7) day suspension starting on September 23, 2024. Mr. Lionell St. Onge, 433 Central St., was present to represent the establishment and addressed the Board. Motion: To Suspend the Tobacco Sales permit for seven (7) consecutive business days beginning on September 23, 2024 made by William Galvin, seconded by Kathleen Cullen-Lutter. All in favor. VOTE: Jo-Ann Keegan – Yes William Galvin – Yes Erin Gendron – Yes Alison Keegan – Yes Kathleen Cullen-Lutter – Yes F & Y Grocery 499 Broadway 5/17/24 $1,000 Paid Mr. Pungirum reviewed the circumstances of the sale with the Board and noted this is the first offence for the sale to a minor. Mr. Fernando Rio, 499 Broadway St, was present to represent the establishment and addressed the Board. Motion: To Suspend the Tobacco Sales permit for three (3) consecutive business days beginning on September 23, 2024 made by Erin Gendron, seconded by William Galvin. All in favor. VOTE: Jo-Ann Keegan – Yes William Galvin – Yes Erin Gendron – Yes Alison Keegan – Yes Kathleen Cullen-Lutter – Yes 7-Eleven 63 Mammoth Road 5/17/24 $ 2,000 Paid Mr. Pungirum reviewed the circumstances of the sale with the Board and noted this is the second offence for the sale to a minor. No person was present to represent the establishment. Motion: To Suspend the Tobacco Sales permit for three (3) consecutive business days beginning on September 23, 2024 made by Alison Keegan, seconded by Kathleen Cullen-Lutter. All in favor. VOTE: Jo-Ann Keegan – Yes William Galvin – Yes Erin Gendron – Yes Alison Keegan – Yes Kathleen Cullen-Lutter – Yes  BOHM09042024 Page 3 Varnum Market 863 Varnum Avenue 5/13/24 $1,000 Paid Mr. Pungirum reviewed the circumstances of the sale with the Board and noted this is the first offence for the sale to a minor. Mr. Thomas Pappadopofulos was present to represent the establishment and addressed the Board. Motion: To Suspend the Tobacco Sales permit for three (3) consecutive business days beginning on September 23, 2024 made by Erin Gendron, seconded by Alison Keegan. All in favor. VOTE: Jo-Ann Keegan – Yes William Galvin – Yes Erin Gendron – Yes Alison Keegan – Yes Kathleen Cullen-Lutter – Yes Village Variety 1301 Pawtucket Blvd 5/13/24 $1,000 Paid Mr. Pungirum reviewed the circumstances of the sale with the Board and noted this is the first offence for the sale to a minor. Mr. Pravin Patel, 1301 Pawtucket Blvd was present to represent the establishment and addressed the Board. Motion: To Suspend the Tobacco Sales permit for three (3) consecutive business days beginning on September 23, 2024 made by William Galvin, seconded by Kathleen Cullen-Lutter. All in favor. VOTE: Jo-Ann Keegan – Yes William Galvin – Yes Erin Gendron – Yes Alison Keegan – Yes Kathleen Cullen-Lutter – Yes Drum Hill Gulf 1299 Westford Street 5/13/24 $1,000 Paid Mr. Pungirum reviewed the circumstances of the sale with the Board and noted this is the first offence for the sale to a minor. Mr. Nathan Doitow, 736 Princeton Blvd was present to represent the establishment and addressed the Board. Motion: To Suspend the Tobacco Sales permit for three (3) consecutive business days beginning on September 23, 2024 made by Kathleen Cullen-Lutter, seconded by Alison Keegan. All in favor. VOTE: Jo-Ann Keegan – Yes William Galvin – Yes Erin Gendron – Yes Alison Keegan – Yes Kathleen Cullen-Lutter – Yes Frank and Ernest 810 Central Street 5/13/24 $1,000 Paid Mr. Pungirum reviewed the circumstances of the sale with the Board and noted this is the first offence for the sale to a minor. Ms. Tine Khakeo was present to represent the establishment and addressed the Board. Ms. Khakeo informed the Board that she had just recently purchased the business and had misread the letter regarding the suspension and had already removed the tobacco products for three days. Ms. Khakeo requested the Board to not enforce the suspension again. Mr. Pungirum noted that he could not confirm that the products had been removed and that the letter was clear regarding the hearing process. Motion: To Suspend the Tobacco Sales permit for three (3) consecutive business days beginning on September 23, 2024 made by Alison Keegan Erin Gendron, seconded by Erin Gendron. All in favor. VOTE: Jo-Ann Keegan – Yes William Galvin – Yes Erin Gendron – Yes Alison Keegan – Yes Kathleen Cullen-Lutter – Yes  BOHM09042024 Page 4 Board Member Gendron requested that, in regard to the Kratom regulations, that two versions of proposed regulations be presented to the Board. One would be with age/sales location restrictions and the other would involve banning the product. Mr. Pungirum will prepare these for the next meeting. 1.V. Communication: CMMCP September Spray Schedule HHS Director Golden informed the Board that the Department had just received notification that residential spraying was stopping; however, spraying would continue to the first frost for reported WNV mosquitoes caught in traps. 2. OLD BUSINESS 2.I. For Review: EMSL Analytical Inc Report - Pawtucket Memorial 8.24.24 The Board Reviewed the documents regarding the Pawtucket Memorial and noted that the inside levels are testing below the outdoor levels. Board Member Galvin inquired if the recommendations previously sent to the School Department were accepted and circulated to the school staff. HHS Director Golden noted that the School Committee accepted the letter and placed it on file. Director Golden reviewed the report with the Board and indicated that the room with high levels also had outside rug brought in by the teacher. This was one of the items which had been discouraged in the Board letter to the School Committee. Director Golden also participated in a tour of the building in which items such as tennis balls on the feet of chairs, outside rugs, and Febreze Plug-ins were still present in the classroom. These items were also included in the letter of recommendations that was sent to the School Committee for inclusion in their Health & Wellness protocols. Chairwoman Keegan noted that other recommendations provided by the State last year were also not being followed. The Board requested that Director Golden resend the letter to the Superintendent, School Committee, and school Principals and request that it be sent to all the teaching staff. Director Golden informed the Board that testing will be continued through next summer. Motion: To resend the Board’s previous letter to the Superintendent and School Committee with the State recommended mitigation guidelines and request that it be disseminated to the school principals and staff. 3. DIRECTOR'S REPORT 3.I. Departmental and Divisional Reports and Updates HHS Director Golden reviewed the reports with the Board and noted that the Retiree/Employee Flu clinic has been scheduled. The Department is also anticipating public flu vaccination clinics to be on October 22nd and October 29th at the Health Department Clinic area and flyers will be created once the dates are finalized. The Department will be attempting to purchase COVID vaccines once they become available to smaller clinics like the Health Departments. Board Member Galvin inquired why there were no community events listed for the Syringe Pick-up Team and if it was going to remain a zero count that it be removed from the report. Director Golden noted that the team participated at the Folk Festival and would look into why it wasn’t included in the report. Chairwoman Keegan inquired if vaccinations given at the ICC for immigrant families were included in the report. Director Golden noted that was a mobile clinic held by another entity. 4. Motion: To Adjourn Motion: To adjourn the September 4, 2024 meeting of the Lowell Board of Health at 7:37 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 OCTOBER 2, 2024 AT THE MAYOR’S RECEPTION ROOM, CITY HALL, 375 MERRIMACK ST 2ND FLOOR