HomeMy Public PortalAboutBoard of Health -- 2020-12-02 Minutes Town of Brewster
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F,k Amy L . von Hone, R. S . , C . H. O .
Director
PHONE : 508 . 896 . 3701 EXT. 1120
Q FAX : 508 . 896 .4538 Sherrie McCullough, R. S .
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Board of Health Meeting
Wednesday December 2, 2020 at 7 :OOPM
Remote Participation MeetingOV
Board members on remotely: Carmen Scherzo, DVM , Chair; Penny Holeman, MPH , MA, MS, Vice Chair; Annette
Graczewski, MT (ASCP); Joe Ford and Jeannie Kampas
Others present remotely: Amy von Hone, R. S ., C . H . O ., Health Director; Tammi Mason, Senior Department Assistant,
Saumil Patel, Owner of Brewster Farms; Charlie Sumner from the Brewster Charter Committee and Bob Collet, Cape Cod
Regional Tobacco Control Program
Dr. Scherzo stated that for anyone wanting to listen to the meeting can do so via the Town of Brewster livestream at
http :/Lvideo , brewster - ma . gov/` /` cablecastPublicSite/? channel = l or on Channel 18 and anyone that has a question or
comment could email them to .healtboardmeeting@brewster- ma . gov
1 . Call to Order
Meeting was called to order at 7 : OOPM
2 . Chairman 's announcements
Yesterday, The Center for Disease Control (CDC) announced revised quarantine guidelines . After a possible exposure to
Covid - 19, the new guidelines state that instead of a 14 day quarantine, once you quarantine for 7 days after a negative
Covid - 19 test or once you quarantine for 10 days if not tested, as long as there are not symptoms, you can resume normal
activities .
Dr. Scherzo asked that Mrs . von Hone give an update on Covid - 19 .
Mrs . von Hone stated that as of today the total cumulative cases in Brewster are 154 . 8 of those are new cases over the
last 2 weeks, that' s been split between cases in the general population and in long term care facilities . The long term care
places are now testing their staff and residents on a weekly basis .
A first case in the schools appeared about 2 weeks ago . The school did a great job following all the protocols and we
haven 't experienced any additional cases from that initial case . The nurses in all the schools have been really great to work
with .
Brewster is still in the lowest risk category despite the cases we have seen in the last few weeks . This is just a reminder
that we still need to remain vigilant and stay home whenever possible . We do anticipate more cases over the next few
weeks because of the Thanksgiving holiday.
BOH December 2, 2020 Minutes Page 2
We have not received much information about the vaccine . The Department of Public Health is working closely with the
CDC at the Federal level . We do anticipate receiving vaccine over the next few weeks with the initial doses going to
healthcare workers . The vaccine for the general public probably won't be available until early spring .
This is where the last 15 years of our emergency planning is going to come into full effect. I am happy to say that
Brewster has done an amazing job with that whole piece . Sherrie McCullough, Assistant Health Director has been very
active with this and has done a great job .
Additional testing sites are going to be set up here on Cape . We will be receiving additional funding from the State to
establish 3 new testing sites thanks to a few representatives on Cape . These will be going up at the Barnstable County
fairgrounds in Falmouth, another in Hyannis and we are working on getting one set up for the lower Cape . The goal is to
test as many people as possible .. These testing sites should be up and running in a few weeks .
We just heard tonight that additional State funding for Covid - 19 expenses has been approved . It will be an additional 4 .4
million dollars that will be distributed to the various health districts across Massachusetts . We don 't know yet how much
will come to Barnstable County,
Dr. Scherzo thanked Mrs . von Hone and stated to the public to please stay vigilant with handwashing, social distancing
and not sharing food . There were over 4,000 new cases of Covid - 19 last week in Massachusetts .
3 . Citizen 's Forum
None ,
4. Draft Charter Discussion
Dr. Scherzo told the Board that that they had been asked to give their comments on the draft Charter by December 7th
Charlie Sumner, member of the Charter Committee gave a brief summary of what has taken place so far.
Mr. Sumner stated that there were a number of conflicts between Town Bylaws and State enabling legislation . This is part
of why the Town is trying to create a Town Charter to resolve some of the inherent conflicts . He stated that they are trying
to establish clear lines of authority and responsibility.
He noted that in Brewster, everyone works well together due in large part to Town Officials and volunteers putting in a lot
of effort over many years .
He thinks the adoption of a Town Charter through the mechanism of a special act would get the Town to the point it
should be at to move forward . One of the more significant changes in the Town Charter that is being proposed for the
Annual Town Meeting in May of 2021 will be to change and create the position of Town Manager.
Dr. Scherzo asked about elected officials being removed from office for attendance issues .
Mr. Sumner stated that there is a provision for attendance where the Select Board have a process to remove someone for
non - attendance at meetings . It would be the Charter Committee' s intention to include elected officials . He stated he
would look further into it .
Dr. Scherzo stated that under the draft charter, it states that the Town Manager hires the Health Director. This would be a
significant change and he doesn 't agree with it. He suggested that is should include that the Town Manager would
consult with the Board of Health with regards to the hiring of a Health Director.
BOH December 2, 2020 Minutes Page 3
Mr. Sumner stated that the hiring would be after consultation with the department head of with members of the elected
board .
Mr. Ford spoke about the Personal Bylaw that promotes hiring from within when applicable.
Mrs . Graczewski stated that she sees both sides .
Mr. Ford asked about the section in the draft charter that talks about delegating authority to the Town Manager for
issuance and enforcement of licensing .
Mr. Summer stated that it is not uncommon for towns to have separate licensing boards . What the Charter says is that
they " could " delegate the authority to the Town Manager or a licensing Board .
Ms . Holeman stated that she sees both sides also .
Mr. Sumner believes that it is in the best interest of the Town to allow the Town Manager to do the hiring but also believes
that any good Town Manager would consult with Department Heads or Boards .
Most of the Board thinks because of how often Board members change, it would be more appropriate to leave the hiring
to the Town Manager,
Mr. Sumner will speak directly to Peter Lombardi , Town Administrator about the absence issue.
5 . Brewster Farms Tobacco Violation
Bob Collet, Cape Cod Regional Tobacco Control Program was present. He stated that a routine inspection was done at
Brewster Farms on 11 /6/2020 . The following violations were noted :
1 . Humidor was open (was also found open on a previous inspection)
2 . Pronto King blunt wraps were for sale
Mr. Collet stated that the Board could consider this as a possible oversight . With Covid and all the issues retailers have
had, the Board could consider just issuing a warning .
Mrs . Graczewski asked about the required signs . Mr. Collet sated that new signage is out and he is going around to
retailers and handing them out . This was just a really an " educational " warning .
Mr. Collet believes that all the local BOH 's should issue a letter about the sale of " Pronto King " blunt wraps and remind
them that it is illegal under local regulations .
Mr. Ford asked about the self- serve Juul Pod violation . He stated that he has never seen the case open . He has also not
seen the humidor open on the public side, usually only to employees . He has seen all the required signage every time he
has been in the store .
Mr. Collet stated that he doesn 't remember the Juul violation .
Mr. Ford stated that in 2011 the BOH prohibited the sale of blunt wraps in Brewster and based it off of the fact that Pot
was illegal as well as flavored tobacco . Pot is legal now and people should be able to buy this product. He strongly urged
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the Board to not fine the store for this .
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Mr. Collet stated that " Pronto King " is not a tobacco product, it is a blunt wrap .
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BON December 2, 2020 Minutes Page 4
Mr. Ford thought the Board should revisit this part of the regulation since pot is no longer illegal and people use this for
that purpose .
Mrs . Graczewski stated that this is the second violation in 24 months and asked Mrs . von Hone what the prior violation
was .
Mrs . von Hone stated that on 2/ 13/2019 the violations were that Juul pods were being sold (in a self- serve case) the
humidor was unlocked and a 20 pack of cigars was being sold for $ 2 . 99 .
Mr. Collet stated that he does not believe there was a Juul pod violation in this latest inspection . That may have been
from an old letter.
Saumil Patel , Owner of Brewster Farms stated that they used to sell 30 different kinds of blunt wraps but they have all
been removed from the shelves . When he got the letter aboutthecurrent violation he did some research and pulled the
" Pronto King " wraps from the shelves also . He doesn 't believe that they violate the regulation as they are a non -flavored
tobacco product. He noted that all the required signage was in place and that the Juul case cannot be accessed by the
public, only an employee . As for the humidor being open, he has talked with all his employees and they understand that it
needs to be kept locked . Unfortunately, they opened it for a customer and forgot to lock it back up again . He stated that
he will try harder to make sure that it is kept locked .
Mr. Ford asked if Juul pod accessories and chargers are allowed to be sold in the store . Mr. Collet stated that they can
only be sold in adult only stores .
Mr. Collet stated that he forwarded a letter from DJ Wilson to Mrs . von Hone with regards to " Pronto King " and some new
draft language .
Motion : Request that Brewster Farms move the humidor or keep it locked at all time . The store must continue to keep
the " Pronto King " blunt wraps off the shelves until or if the regulation changes . If another violation occurs before February
2021 , the Board will enforce the penalties and fines . This will be the final warning about the humidor.
Motion : Joe Ford Second * Annette Graczewski Vote: Penny Holeman — yes Action : Motion carried
Annette Graczewski — yes
Joe Ford — yes
Jeannie Kampas — yes
Carmen Scherzo - yes
6 . Matters not reasonably anticipated by the Chair
Dr. Scherzo stated that if things are really busy for the Health Department and the next meeting would be a burden, the
Board should consider cancelling the next meeting .
7 . Next meeting : December 16, 2020
Already mentioned in #6 .
Information items were noted .
Meeting adjourned at 8 : 20PM