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