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HomeMy WebLinkAbout2016-10-27 Board of Health Minutes North Andover Board of Health Meeting Minutes Thursday—October 27, 2016 7:00 p.m. North An ver Police Department Community Room 1475, Osgood St. North Andover, MA 01845 Present: Thomas Trowbridge,Frank MacMillan Jr.,Larry Fix ter,Joseph McCarthy,Edwin Pease, Brian LaGrasse,Lisa Hadge 1. CALL TO ORDER The meeting was called to order at 7:05 pm. 11. PLEDGE OF ALLEGIANCE III. PUBLIC HEARINGS A.Sam's Mobil Mart—Tobacco Violation Mr.LaGrasse summarized Sam's Mobil Mart tobacco sale to a minor. This is the second violation of selling tobacco to a minor within a 24 month period.The retailer was notified by certified mail to appear before the Board. Sam's Mobil Mart is appealing the tobacco fine with the Clerk Magistrates office.Ron Beauregard—Healthy Communities Tobacco Control Program, summarized the routine compliance check he performed at Sam's Mobil Mart on 9/23/16.A discussion ensued regarding the compliance check. Sam's Mobil Mart was issued a citation of$,200 since they had a previous,violation on December 30,2015.They are also subject to a seven day revocation of their tobacco sales license. Mr.Beauregard stated that the employee who sold the tobacco product was very upset with himself and Mr. Beauregard encouraged the employee to offer to appear before the Board meeting with his employer.Mr.Beauregard stated that there was a follow up inspection done within a couple weeks of the sale.He stated that the focus,of the program is educational.Mr. Beauregard stated that since North Andover's policy of restricting the sale of flavored tobacco and the minimum pricing of cigars,the owner Mr. Ameen,has dramatically trimmed down his tobacco stock and is predominantly selling cigarettes. Mr. McCarthy stated that Sam's Mobil Mart has had eight violations since 2 1.He questioned what their basis is on contesting their,fine in court which they have done with past fines.Mr. McCarthy suggested the seven day tobacco permit suspension, ID-all law (Fenway rule),along with additional training at no cost to them. Mr. Fixler agreed that they are not educating their employees well enough to maintain minimum standards to not sell cigarettes to minors and agreed with Mr.McCarthy on the seven day permit suspension. Dr.Trowbridge stated that there are two parts to the violation, including the fine and suspension of their permit. The Board's regulation does not allow for a reduction of the fine.The Board hearing is against the suspension only. A discussion ensued regarding the fine,contesting,the fine,the seven day permit suspension, ID-all law and additional training. Dr.MacMillan stated that under the regulation,the Board has the right to issue a suspension and the owner has the right to propose an alternative to the suspension.If the Board issues the Fenway rule,they have no mechanism of enforcing it other than reinstating a suspension. Mr. LaGrasse stated that he would get legal advice on it but believed that as the permitting authority,the Board has the ability to apply additional 2016 North Andover Board of Health Meeting Page I of 2 Board of Health Members: Thomas Trowbridge,DDS)MD,Chairman-Larry Filer,Member/Clerk-Francis P.MacMillan,Jr., MR;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Brian LaGrasse,Health Director,Debra ill ahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa badge,Health Department Assistant conditions to the permit holder.The permit is issued yearly so the conditions would be placed upon the current one year permit. Mr.LaGrasse stated that back in 2o05,the Board applied a six month ID-all policy to Sam's Mobil as well as a,three day permit suspension.Dr. MacMillan.stated,that since the employee asked for the ID and still,sold the cigarettes,without an ID being provided shows a willful violation of the regulations.A discussion ensued regarding the tobacco regulations. MOTION made by Mr.McCarthy for a mandatory seven day sus ens",ion of Sam's Mobil Mart tobacco permit for selling tobacco products to a minor and provide additional training by the government at no cost to them. Mr. Fixler seconded the motion. There was a discussion on the motion regarding training.Mr. Beauregard and Mr. La Grasse will provide the free training to Sam's Mobil,Mart. Mr. LaGrasse will send out a suspension letter with all the information and make sure it is done as soon as possible. Sam's Mobil Mart will be responsible for removing all tobacco products off site during the suspension time. MOTION made by Mr.Fixler to amend Mr.McCarthy's original motion to include Sam's Mobil Mart to choose the seven day suspension window within the next 3,0 days. All were in favor and the amended motion passed with unanimous consent. The main motion passed.with unanimous consent. Mr.Filer suggested updating the regulations at a later date. Fines and penalties should be reviewed.Any changes would require a public hearing. IV. APPROVAL OF MINUTES Meeting minutes from August 23,2016 were presented for signature. Motion was made by Mr.Fixter to approve the minutes from August 23,2016,the motion was seconded by Mr.McCarthy,all were in favor and the minutes were approved. V. OLD,BUSINESS V1. NEW BUSINESS A. 2017 BOH Meeting Agenda The Board members accepted the report for planning purposes. V11. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Board Priorities—Mr.LaGras,se has been working on the priority list that was previously discussed at the last Board meeting.Mr. Fixler suggested working on the items that can easily be accomplished first.Dr. Trowbridge asked if there was anything that should be prioritized. A discussion ensued regarding the list of items. Priorities include Trash Truck enforcement, ServSafe training, Incident Command Training,health and safety courses, inviting Public Protection Specialists to come to a future Board meeting as well as development of a rental housing inspection program. VIII. CORRESPONDENCE/NEWSLETTERS Ix. ADJOURNMENT' MOTION made by Dr. MacMillan to adjourn the meeting.Mr. McCarthy seconded the motion and all were in favor.The meeting was add ourned at 8:10 pm. eared by: Lisa Hadge, Health Dept Assistant Reviewed by.- All Board ofHealth M an LaGrasse, Health Director Signed by: Larry , , Ork oitAe Board Date Signed