HomeMy Public PortalAboutBoard of Health Minutes 06-30-2015BOARD OF HEALTH MEETING
June 30, 2015
Watertown Administration Building, Lower Level Conference Room
CALL TO ORDER: Dr. John Straus called the meeting to order at 7:09 PM.
PRESENT: Dr. John Straus, Chairman, Dr. Barbara Beck, Richard Arnold, Deborah Rosati,
Director of Public Health, Kristel Bennett, Chief Environmental Health Officer, and Karen
O'Reilly, Animal Control Officer/Jr. Sanitarian.
Minutes
Richard Arnold offered a motion to approve the minutes of the May 20, 2015 meeting as
presented. Dr. Beck seconded the motion. Voted unanimously.
Public Comment
There was no public comment.
Arax Market — Variance Hearing
Present: Owner Harout Bassmajian, Jack Bassmajian
Jack Bassmajian presented a request for relief from Watertown's Board of Health "Regulation
Regarding Smoking and the Sale and Use of Tobacco and Nicotine Delivery Product" Section I 6
to allow for the sale of flavored tobacco. Jack Bassmajian advised the Board that they have been
selling hookah tobacco for years; it is part of their culture. He indicated that the tobacco is
molasses based; only one type is mint flavored. Many customers are upset that they will be
losing the sales. The towns of Norwood and Needham are allowing the sale. The hookah
tobacco is usually flavored, none is just tobacco flavored. Dr. Straus indicated that the Board
cannot just allow one location to sell flavored tobacco as there was much consideration given to
the regulations. Mr. Bassmajian indicated that because they sell food, they are prohibited from
selling the hookah flavored tobacco but the tobacco retailers are allowed to sell flavored tobacco.
Richard Arnold indicated that most of the neighboring communities are prohibiting the sale of
flavored tobacco. There was also discussion about Arax opening a separate retail shop for
tobacco.
Following further discussion, Dr. Beck offered a motion to put a stay on the prohibition of sales
of flavored tobacco products for use in hookah and on the enforcement of traditional hookah
sales, for a period of six months, to allow for further study and consideration. Richard Arnold
seconded the motion; voted unanimously.
Glow Tanning, 71 Arlington St. — Administrative Hearing
Owner: Kevin Middendorf
Present: Nanour Bedoyan
The Board acknowledged that Nanour Bedoyan who is an employee at Glow Tanning was
representing the business. She indicted that Kevin Middendorf, owner, was caring for his
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children, and that manager Jenna Wall was unable to attend. The Board thanked Ms. Bedoyan
for attending but expressed their disappointment with the failure of Kevin Middendorf to attend
this hearing.
D. Rosati indicated that Glow Tanning was issued a cease and desist order for operating the
tanning facility without a valid permit. The permit was not applied for on time and expired on
May 31, 2015. There are outstanding personal property taxes retroactive to 2009 which the
owner, Kevin Middendorf, just agreed to pay under an approved payment plan with the
Treasurer/Collector and Assessor's Offices. K. Bennett indicated that Glow Tanning also failed
to apply for a permit in 2013. D. Rosati noted that all Town notices were being sent to an old
address in Quincy, so that Mr. Middendorf was not receiving any notices.
The Board expressed concern with the business operating without a permit and failure to pay
taxes, and indicated that fines could be assessed for not less than $200 nor more than $2,000 for
non-compliance. When asked, Nanour Bedoyan indicated that they were closed for 3 1/2 days
which amounted to a loss of $3,000 to $4,000. K. Bennett also noted that there were late fees of
$125.00 incurred.
Following discussion, Dr. Beck offered a motion to issue the Tanning Facility permit through
May 31, 2016 with the condition that Mr. Middendorf be advised of the Board's disappointment
with his failure to attend this hearing, to apply for a new permit, and to notify the Town of a
change of address. Seconded by Richard Arnold; voted unanimously. The Board determined
that the loss of business and late fees that were assessed was sufficient penalty. They further
indicated that a lack of compliance could result in the suspension or revocation of the permit to
operate.
Dangerous Dog Hearing
Owner of Dog: Tom Shortt
Complainant: Tami Pester
The Board received a letter from Tami Pester of 95 King Street, requesting a hearing alleging
that the dog owned by Tom Shortt of 58 Ralph Street, Watertown, is a vicious/dangerous dog.
Deborah Rosati acted as the Moderator of the hearing, and informed the audience that the
hearing would be audiotaped for the record, and this record would be available by disk following
the hearing.
All parties who spoke at the hearing were under oath. D. Rosati acknowledged as part of the
testimony, Ms. Pester's June 12, 2015 request for a hearing with her account of the incidents of
May 27th and June 11. Ms. Pester and one witness spoke on her behalf, Mr. Shortt and two
witnesses spoke on his behalf. Other testimony included that of Animal Control Officer, Karen
O'Reilly.
Based on the Board's discussion of the testimony of the dog owner, the complainant, the
witnesses, and the Animal Control Officer, the Board of Health made the following factual
findings:
1. "Seamus" is a 2 '/2 year old male Mastiff dog owned by Tom Shortt and kept at 58
Ralph Street in Watertown.
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2. There were two separate incidents, May 27 and June 11, 2015, where "Seamus" freed
himself and confronted Ms. Pester's dog(s).
3. It is unable to be determined how "Seamus" became free on May 27t"
4. "Seamus" pulled off of his leash on June 11, 2015.
5. There are no Police reports on file relative to these incidents.
6. Ms. Pester's dogs were knocked over during the confrontations, and Ms. Pester fell to
the ground during one of the confrontations.
7. There were no other incidents of aggression reported against "Seamus" including at
the Dog Day Care that he attends.
In consideration of the testimony presented and the provisions of Mass. General Law, Chapter
140, Section 157 (A) (1-4), Dr. Beck offered a motion to dismiss the complaint alleging that
"Seamus" is a dangerous dog, with the condition that, as a result of "Seamus" becoming loose on
two occasions, effective immediately the owners shall take all reasonable steps to ensure that
"Seamus" is under their control at all times and shall comply with the provisions of the existing
Watertown Animal Control Regulations. Seconded by Richard Arnold, voted unanimously.
Moda — Watertown Mall — Variance Hearing
Present: Mansour, Owner
Mr. Mansour presented a request for a variance from the requirements of Watertown's Board of
Health "Regulation Regarding Smoking and the Sale and Use of Tobacco and Nicotine Delivery
Product" Section I Prohibited Activities, Section I (3) and (6) to allow for the sale of flavored
tobacco and to allow for the use of his existing walk-in humidor. Mr. Mansour operates a store
that has tobacco products as well as food snack items as he is located in the Watertown Mall
across from the DMV office. K. Bennett explained that the humidor is not allowed in retail food
establishments but is allowed in walk-in tobacco stores. The humidor has been in this store for
years and is a locked unit. Mr. Mansour indicated that he has removed the flavored tobacco and
placed it in the locked humidor. Dr. Straus indicated that flavored tobacco is not allowed in a
retail food store that the intent is to discourage young people from being tempted to purchase
flavored tobacco, but there was an earlier decision on hookah tobacco this evening.
Following further discussion, Dr. Beck offered a motion to allow the continued use of the
humidor as it is a pre-existing locked unit on this site, and public health protection is equally
achieved as if the cigars were being locked behind the counter. Richard Arnold seconded the
motion; voted unanimously. Dr. Beck offered a motion to deny the variance to allow the sale of
flavored tobacco; second by R. Arnold; voted unanimously.
Appointment — Natalie Miller
The Board was introduced to Natalie Miller who was an Epidemiology and Emergency
Preparedness Intern for the Brookline Health Department and is now the Tobacco Control
Coordinator. Richard Arnold offered a motion to appoint Natalie Miller as an agent of the Board
of Health for the purposes of enforcing tobacco control regulations. Dr. Beck seconded; voted
unanimously.
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The Board discussed a new State -issued flavored tobacco list that was received from Ms. Miller.
They recommended creating a memo about the State list and sending it to retailers that the list
will be enforced as banned products when it is approved.
Ms. Miller reported that two retailers sold to minors during the last compliance check:
Dyers Liquors and Arsenal Wine and Spirits. Tickets have been issued.
Discussion on Amendment to Minutes
The Board discussed a request to amend the minutes of the December 19, 2013, February 24,
March 19, and April 16, 2014, to strike the occupant's name as referenced in a housing case at
164 Galen Street. The Board was concerned about amending documents that were already
approved and have been public record. Dr. Beck offered a motion to deny the request to alter the
minutes. Seconded by Richard Arnold; voted unanimously.
Next Meeting: Date in July TBD — will be a health priorities planning meeting only.
Adjourn: Meeting was adjourned at 10:10 PM.
Respectfully submitted: Deborah M. Rosati, Director of Public Health
Approved: July 23, 2015
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