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HomeMy WebLinkAbout2012-04-26 Board of Health Minutes North Andover Board of Health Meeting Minutes Th 11 rsday~ April 26' 2012 7:00 p.ni- 120 Main Street, 2"" Floor Selectmen's Meeting Room North Andover, MA 01845 Present:Tbmnom Trowbridge, Larry 9ix1ur,Frank MacMillan,Joe McCarthy, Susan Sawyer,Michele Grant L CALL TO ORDER Tile mouhag was called m order u17:05p.xu. Larry Fixbr filled tutn open the meeting for Dr.Trowbridge, Chairman, who io running late. O. PLEDGE OFALLEGIANCE Ill. PUBLIC HEARINGS IV, APPROVAL OFMINUTES A. March 29,2012 Minutes are tobe presented for signature-the imcc{in8/nion(em were approved and Mr. Fixler stated that he needed to briefly review tile March niecting minutes, as there were two different versions that lie read,and lie wants to be sure lie is signing the most recent version. Mr,Fbder signed off on the minutes ur7:J5 p.m.after confirming changes were included. V. OLD BUSINESS A. Tobacco Sales in Pharmacies-follow-up comments Last nionth, Dr.Fazen presented information to tile Board of Health regarding this subject. Dr.Trowbridge reintroduced this subject and noted that there was a debate oil the issue,, He asked tile mernbers for their input regarding specific language or other alternatives oil this issue. Ron Deuuuegami had sent voznusample language oil this issue from other municipalities. However, this issue iu not before the Board vf Health for mvote. Dr.MacMillan spoke at length regarding his viewpoint oil this issue, Some summary points were: the state ix not adequately funding tobacco control and diverting money for other purposes,and rates are increasing across the commonwealth;marketing continues to be targeted towards youthful and underage sinokers;there is evidence that 90 percent of smokers stall under the age of 18 years of age;pharmacies are considered health care facilities under CMR dofiodiouand n/e also understood that pharmacies have evolved into selling a number of convenience iterns,but have also managed vaccination and opened care clinics onmitc. |&e believes that it is reasonable to consider regulation,and in fact that other cities and towns have considered on are considering regulation.The mission wf the Board o[the Board of Health ixtuprotect the health my residents lmNorth Andover. The sale and use or tobacco products ix acceptable for adults,but perhaps itis something that they should not he doing based oil numerous findings. Re believes they should consider sending n letter asking Town pharmacies to consider within |X0 days that they look a(their policy of selling or displaying tobacco products prominently,and ask them to make a voluntary choice not to sell tobacco products.Furthermore, if Town pharmacies do not choose to discontinue the sale of tobacco based Aprit 26,2012 North Andover Board"(Health Meeting-Meeting Minutes Page Iof5 Mk^e� The Board oI Health reserves rkcrightu`tnkrit,rnxootofpz6r and tn discuss and/or vote ou items that are not listed oo the agenda. Board of Health ivlernhers� Thorn wbrdg C6ai,mzm;larry Fixler,Mm^benClerk;Francis n.Muc&l0uo,}c, M.B.;Joseph McCarthy,Nlember; Edwin Pease,&{cmb,r Susan Sawyer,U,n|/6nbectoc Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pmouc6DcUcCfdaie,Health Department Assistant products,tlien tile Board of Health wants to know their reason(s)for continuing m sell u dangerous product ill tilisommmmmity. Dr. Trowbridge noted that this approach would put everyone oil the sarne page,and looking at the risks of smoking and Our interest is looking at reducing the risks of smoking and reducing smoking in the underage population,but not approaching it with just a straight regulation,such as other communities have done, such ox Haverhill. The potential good side oF not selling tobacco products in pharmacies,which are essentially u health care institution. Mr. McCarthy noted thu the pharmacies in North Andover are part of very large:chains,and this could have national ramifications. U[North Andover stops selling, what about all the other pharmacies they operate im the United States. He thinks it is doubtful that they would stop selling tobacco based products. Dr. MacMillan stated(hutyhuonnaui*s have already been stopped by regulation from selling tobacco products im large cities such xu Fall River, Springfield and Boston. Mr. McCarthy noted that hand sanitizer has 7%alcohol and that sorne children are ingesting it. Should there also huw bail oil the sale ofomnihzezeiupharmacies? He went oil no say that perhaps the best place hxtohmcootobennldisiup&muomcien,boouunephuonucionbmvotilepcnpermecboniwnoioplucxto prevent the sale uf tobacco based products tominors. ]3e stated that ifu product io legal 10 sell,then retailers should beable to sell it.. Dr. MacMillan noted that you call get high bomsucking gas 0umeo out ofwnorange gasoline tank,but it doesn't mcanmm are going to stop selling gasoline, Mr, F;x|ur inquired uoto who the letter 1m pharmacies should gwto. Ms. Sawyer noted that the permits get paid 6yu corporate v/fiumand theletter should go there, Dr. Trowbridge suggested sending i|to the local manager ae well wo{6ecorporate offiue. Dr, Trowbridge noted that tile misuse of hand sanitizer it is all abuse of a written use of something as opposed to the use of a cigarette use,there is no safe way to use cigarettes,no safe level *ftobacco, They are legal, but there are tremendous health minifiomdwnn. Mr. McCarthy noted that there is no imdicm\imoWu\utbnt phmnnmoiov sell tobacco based products tochildren under l8 years old Dr.MacMillan stated that hospital gift shops have willingly stopped selling tobacco products because they are lum facility that promotes health 0e gave all example m[n clinic where o nurse omay diagnose all illness umdpmnoihcmnoutibiodu'mudoudev/myooLooeouuaeomumdtbrd«e^'K4mdhoroxmuo"prmumdog the sale n[cigarettes. The idea ixto make u dangerous product less available. Mr. McCarthy states that the profit lost to pharmacies would hu significant. If kids want to smoke, they will find m way tosmoke. /\debate continued between Dr.MacMillan and Mr.McCarthy, including Dr.MauMi)luu`uatatornecUthat lie ioxf000er smoker and glad tobem non-smoker now for health reasons. D{e does not want tohave people live x life of disease and despair because ofn tobacco addition. About i0 percent oy people who drink are going to get addicted to alcohol vs.those who begin smoking at a young age become addicted at a rate of90percent. Tobacco ixa highly addictive substance. The majority wf replacement smokers from people who are dying due to tobacco addition are kids who are starting otunder the age of18. April 26,2012 North Andover B ardmIHexbhXl -kleeting iviinutes Page Iu[5, Note; The Board nfHealth reserves the right to tal<e items out of order and to discuss and/or vote on items thatare not listed on the agenda. Board of Health Mcnibers: Thomas Trowbridge,DDS,MD,Chairman:Larry Fixler,Mnnbcr/Cl,,k;Francis P.Mx,lvf@lun.]r. }J.D;1uxcybX,IcCmrdy.Ncm6mc Edwin Pease,Member Healtb Department Staff.Susan Sawyer,Health Dire oo ; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Parnela DelleChiaie,Health Department Assistant Dr. MacMillan feels that normalizing this product is an abdication of the responsibility of the Board of Health. There should boon effort tu make tobacco products less available. Ro would like{ogive pharmacies xu opportunity 1u make the right choice. In the future,tile Board of Health still has|horight to draft and enforce a regulation regarding the restriction of tobacco sales. A city such ay Haverhill iogoing to leayhngmhead of North Andover in enacting these{yym of regulations. &4r. Rxlernoted that in tile post,businesses in North Andover who maintained tobacco permits and had infractions selling tobacco products tomhnmm stated how much the lack of sales for n suspension period would hurt their business. This used 0o happen qnNo frequently, but there have been no violations for u long period*fdmu. Qr. MacMillan noted that when hewas iu Ohio,lie was in o pharmacy such as CVS that Would sell beer and wine. Do we have unrestricted sales of alcohol in North Andover? No`bocunoo we have o restriction ou the number of alcoholic licenses. When there in unrestricted access uo sales of alcohol,you enable some people who 600`to600votouse the product appropriately engage la bad behavior. There ianothing iUe@j1imuh:to restricting vuouvo to products that may be\eAul`have u known ability to omuoo harm. The absence wf data does not mean the absence nfevidence. VVc don't use data for most of what wmdo. We sometimes need no use good judgment, \wodo not have unfettered use of alcohol, and the same should go katohncco. Mr. McCarthy feels that as long um people are not breaking the law, itix not out-business to interfere in what they do. Dr. MacMillan noted that the Board of Health is not the"lifestyle police"as was indicated in a recent newspaper editorial. However,bioulegitimate,issue for thuBoard of Health to control tobacco access bu the Town of North Andover. Fb wants tile Board Lv come together asking the local establishments 10 restrict cigarette sales ormake the products invisible. He believes that it is incompatible for a health care facility to sell tobacco products—bottom line. Other board members agreed that they would hu curious(o see what the pharmacies viewpoint|000this issue. Tm the absence uf any response from the pharmacies after u letter im sent out frvm the Board of Health, Dr, MacMillan stated that within the span of 180 days(6 nionths)the Board of Health should revisit this issue and consider enacting ail official regulation controlling orrestricting the sale uf tobacco products. No answer ix still nnanswer. Dr. MacMillan feels that the Board ofNou|th should b:ou the vanguard o[ public perception of what io acceptable regarding health issues. This iu not ucoercive fcgmkaiow. but u � request for dialogue with oaVxb]isbmc tits offering health care. ?ho availability addictive products cumxeo the use of the product/nskyrocket. |[m town goes from having 15 licenses to0 licenses, it has made u dangerous product less available. Dr. Trowbridge will draft letter to be sent to CVS, Rite Aid, Walgreens and Stop& Shop which operate pharmacies in North Andover. \/I. NEW B0S0NG09 A. 680 Foster Street—Request from Greg Saab ofEngineering&Survey Services to: Allow the septic and punmptank to tile wetlands tohe less than 75' {|,cg Saab presented information/o the board regarding tile septic system. Mr. Saab iw proposing onew, replacement, septic system for the property at 680 Foster Street, Existing,tank is in the firont of the house. Plumbing in oil tile side of the house. Would like tanks tobo54" frwnthe wetlands. This inmnalternative system,and not the traditional pipe and stone system that,from the start,reduces the area that is needed for a vep|uucxmemteyo0cm. � Andl 26,2012 North Andover Board of Health Nl,cdog-Meeting utco Page 3o{5 Note: The Board u[Health reserves the right,o take items out oford, ^ndu`diocmoyun&hzvoremuiumst6xtnmomli,tedoo � --.°—__ Board of Healtli'Meinhers: Thomas Trowbridge,DDS,&1l),Chairman;LmzyFixlr Mernben/Clerk;Francis P.MaciNfillan`]c, M.D.;J ^Nlembo; Ednin Pease,Member Health Susan Savv Health Director; Debra OjUxb°n.Public Health Nurse;Michele Grant,Public Health inspector,Paniela DelleChiaie,Health Department Assistant Tile request for the variance is because tile front of the house is not the ideal location for the tanks, as there ism slope,and there iso fairly high groundwater table there. loaddition,along that line, (here ietest pit 1111111ber2 with u90rinch water table. The invert ofthe tanks will bu[n the water table. ]C tile grade ixraised it would be N tile middle o/tile stairway. Iftile tanks are moved*o meet tile 75 feet, tile inverts Would 6elnthe groundwater,and groundwater would pump into tile septic system. There would be major grading in tile front yard area Npitch the water away from the house. Im addition,Ms. Sawyer noted that u state variance would be: needed for anything more than all inch affecting the groundwater. Im addition,there ix ledge,and they would have k`buy ledge tanks vrhummmcz the area out tuoget tile tanks]n the ground. There ismn old access road that the trucks will use(o put the tanks in. Dr. MacMillan noted that the tanks will be behind tile leaching field and to the right side oftile existing house. These are the only areas that they can reasonably hcplaced. Mr. Gxlrr asked about the major grmd[ng,uudhox/hiAh. At tile house the grading would have tohe brought out aDbnt The old system was a gravity system,and part of tile reason it failed is because it is in the groundwater. Tile plans Mr. Saab showed were two possible options. The existing tank lu40` 0ncm the wetlands. There io just n tank with the old system,umi1|xm gravity system, Mr. Saab appeared before Conservation last night. Their Board agreed that there is no other location for the tanks. There will he4-5 trees that will need to be taken down, and the wetland inarker will have to be changed. On Flag 5,,Conservation wants to move itu few feet. Mm. Sawyer noted that if by chance it is more than a few feet,and they need a variance for a couple of feet through Conservation, it should be noted that if Conservation approves 97 feet,then the Board of Health should note in their motion that: if necessary, if Conservation approves V7 feet,the BO8 will agree with that. If they move 4 feet,i1would be 98 feet. Conservation was unable nm get out to the Site until this week. Mr. Saab hope that lie can somehow meet that |0Ofeet. Mr. Bx|er asked about last month someone was present heforodhe8oxrdofHem|d,m/k6wPr ohyoyxten`. This system iuplastic chambers that go right on the sand. Both systems allow for about a 40 percent reduction in u|ze. Motion: l. A motion was myVn by Dr.MacMillan to allow local variance ouFlag 5A 8nmm 100 feet tn stay]n line with whatever tile approval is from Conservation. The inotion was seconded by Mr. McCarthy. All were ixfavor, Post-note: Variance from Conservation not needed because the systein remained more than 100feet away b/*m the wetlands. 2. A motion was inade to allow the septic and pump tanks within 54 feet from the wetlands(less than 75 0ou0. The motion was seconded hy Mr. McCarthy. All were infavor. VU), COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. :r.Trowbridge explained that this ia for commercial machines that the state has some couoeuimuboo( because of access and being unsanitary. Mx. Sawyer explained]low it works—tile customer buys tile tobacco and they buy u canister of tubes with filters that fit ov(lie machine. Tile tobacco goes ivand primes itself,packs them and rolls itout. Tile state iv considering not allowing this. The machines are very April 26,2012 North Andover Board o{Health 64ccbug—YJeetimAI'diuutra Page 4n{5 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote oil icomsthat are not listed oil � the agenda. � Board of HealthlIvIernbers: Thomas Trowbridge,DDS,MID, � Chairman;Larry Fixler,iNlem6er/Clerk;Francis P.i'dmclAilluo.jr, ^uoJose xMcCarthy,Member; Edwin Pease,Ntenber Sawyer,Health Director; 8cbzm 0jUnbuo`Public H,altbNumc;Nfic6cle Grant,Public Health inspector;Paincla DelleChiaie,Health Department Assistant expensive, upwards of$30,000. This is an tip and coming industry that is not regulated yet. A discussion was held about the possible interest in medical marijuana. Ms. Sawyer said that this is just an introduction to the subject,and the state would like local boards of health to research it ftirther. RYO machines also do not meet the fire safety code requirements. About a year ago, all cigarette inanu fact LIMB were required to make their cigarettes go out within a short time if they are not being used by the smoker. I was noted that the tobacco regulations need to be revisited to be sure that all of the new tobacco products are encompassed within it, B. PSA(Public Service Announcement)-Dr. Trowbridge announced that the Society ofOrat Maixillofacial Surgeons,has named.April the facial trauma protection month. Children that are in contact sports have high risk injury to teeth, face,and jaw. It is also the month of Oral Cancer awareness. This cancer comprises 5%of cancers today. Head Neck Oncology showed that oral cancer is the most expensive to treat because it is detected so late in its course, Older,patient's medical costs with advanced oral cancer within the first year is$80,000. This is because of chemotherapy,surgeries,radiation costs and indirect costs of being out of work. VIII. CORRESPONDENCE/NEWSLETTERS Ix. ADJOURNMENT The meeting was adjourned at 8:20 p.m. All were in favor. Prepared by.- Pamela DelleChiaie, Health Dept.Assistant Revieived by: All Board of Health Members&Susan Saiiyer, Health Director Signedb): October 25, 201 7— ------------ L art- y"1)-4xA-,r, 0,6*of the Board Date Signed April 26,2012 North Andover Board of Health electing-Meeting Minutes Page 5 of 5 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not fisted oil the agenda. Roardof Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixlerj\,Tember/Clerk;Francis P.lMacMillanjr, MD.;Joseph McCarthy,i'viember; EdNvin Pease,Zvi ember Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Pamela DellcChiaie,Health Department Assistant