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HomeMy WebLinkAboutAug 2004 Minutes i i North Andover Board of Health j MEETING MINUTES 1 DPW 384 Osgood Street Thursday—August 19,2004 7:00 p.m. I Call to Order The Board of Health meeting was called to order at 7:05 p.m. by Mr. Jonathan Markey, Chairman of the Board Members & Staff Present Susan Sawyer, Public Health Director; Debra Rillahan, Public Health Nurse; Jonathan Markey, Chairman; Cheryl Barczak, Clerk; Thomas Trowbridge, Member. Hearin Tobacco hearing: re: revision of the current "Regulations Affecting Smoking in Certain Places and Youth Access to Tobacco", specifically Section D.3,DA, J.2. Mr. Markey introduced a draft stating we are having two to three (2-3)tobacco violations every three (3) months—which is not good enough. The Board of Health goal is to keep cigarettes from getting in the hands of children. Mr. Sam Ameen—Coventry lane. Relating to section D.4—He stated he would need an I.D. card to buy cigarettes—he thinks this is"going overboard". He does not believe a senior citizen should be required to get an LDD card. Mr. Markey stated that most sales happen by workers that are only employed for a few months. Revising this section may malce it a habit for all employees to card customers. Mr. Trowbridge stated that the intent is not for everyone to show an I.D. but one should be available. Everybody should be able to prove their age if there is a question . Mr. Trowbridge asked the group where would they draw the line. Mr. Ameen stated that they are already having a sign posted that customers will be carded. This is now an incentive for the seller to card everyone. August II.2001 -North Andover Board of Health Meeting—Agenda Page I of 3 Board of Health Members:Cheryl Barczak,Clerk; Thomas Trowbridge,DDS,AID,Member;Jonathan Markey,Chairman Health Department Staff Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Pamela DelleChiaie,Health Department Assistant i J Ms. Ann Messina of 115 Winter Street stated that there are enough regulations. As a store owner, of a liquor store, minors should not be in the store anyway. The new regulations are too intrusive—there is too much constraint placed on the consumer and retailer. A training or a class every six (6) months might be a better step for the owners instead of making the consumer provide an I.D. every time. 1 Mr. Jim Xenakis of J&M Convenience Store stated that the proposed changes are a big deal. From a business standpoint—efficiency is the issue. This will be a delayed transaction, and people will not come into the store. These businesses are very low margins. The cost of cigarettes is high, and business is already being lost to the state of New Hampshire. "What about recurring customers—I have customers that come in everyday—if they don't have I.D. with them—I can't sell to them. Why do we need the compliance checks? Nobody wants to sell to underage kids. The only time we have refused sales to a minor is during the compliance checks." We card everyone under 30 years old. This is an insult and an invasion of privacy, and is too extreme and not good for town of North Andover. Mr. Beauregard will provide the compliance rates for the town of North Andover and reviewed statistics back to 2001 to the retailers. Mr. Kevin Sharp of the Richdale store on Route 125 —stated that the current rules are tough enough and the new rules will only inconvenience the customer. Mr. Bill Buco questioned why we aren't targeting the kids—"Why can the kids smoke and nothing happens?" Mr. Beauregard discussed a proposed bill in the legislature that is divided regarding the issue in terms of whether a minor should be held responsible—cigarettes are addictive, and the approach is to help the kids. A disussion with the group ensued that the proposed J.2 changes are helpful and would let the clerks know they have responsibility. The Section D.3 proposed changes should be eliminated, and DA should state that verification"recommended" instead of"required". A motion was made to incorporate the discussed changes by Ms. Barczak and seconded by T. Trowbridge. Mr. Beauregard recommended that we add: "in addition to the state law, it is recommended ......"this was added to the motion. When the regulation changes are signed and mailed to tobacco retailers,the Massachusetts law form for employee training will be provided. August 19 2004 -North Andover Board of Health Meeting—Agenda Page 2 of 3 Board of Health Members:Cheryl Barczak;Clerk; Thomas Trowbridge,DDS,MD,Memher;Jonathan Alfarkey,Chairman Health Department Staff:Susan Sawyer,Health Director; Debra Rlllahan,Public Health Nurse;Pamela DelleChiaie,Health Department Assistant I i New Business Meeting Minutes Approval of the July Board of Health presented for signature. 1094 Salem street—presentation by Mr. Ben Osgood of New England Engineering. Motion to approve the variances as stated on the plan relating to wetlands offset and t two (2) local upgrades made by Ms. Barczak, and seconded by Dr. Trowbridge. 1 100 Laconia Street— Motion to allow three (3) feet instead of four (4) feet from water table made by Ms. Barczak and seconded by Dr. Trowbridge. Old Business 46 Elm Street—Progress Update regarding housing issues presented by Ms. Rillahan. Ms. Rillahan is going to court on Thursday, and will provide the results at the next meeting. Forest Street—Lots A & C Ms. Sawyer called Dan Ottenheimer of Mill River Consultants to set up a meeting about the situation. A letter will be issued to the owner of the properties stating the situation and course of action. From last meeting: Mr.Markey states that the pipes need to come out,and take the stone out. The sand should be taken out of the hole,and stockpile 2/3 of it. However, anything in the bottom of the hole is no good. All the soil should be placed around the hole. To test the stone for the tank,a contractor should dig next to tank on all 4 sides to the seam, and about 2 '/2 feet down,put an auger next to the tank,and you will know if you hit stone. Using this method is being ultra accommodating. We could just decide not to use any of the materials. Ms. Sawyer will follow up on these issues. Discussion and Correspondence 70 Oakes Drive—the installer dug too deep. Excavation was two (2) feet above ledge. This situation calls for involvement with the DEP, and special condition on the plan said "leave the B layer". DEP will probably not give a variance. Other options include increasing treatment, as this allows to decrease the depth of soil from four (4)to two (2). Ms. Sawyer will follow-up. Meeting Adjournment The meeting was closed at 9:10 p.m. Respectfully Submitted, Cheryl rezak, Cler North A over Board of Health August 19.2004 -North Andover Board of Health Meeting—Agenda Page 3 of 3 Board of Health Members:Cheryl Barczak,Clerk; Thomas Trowbridge,DDS,MD,Member;Jonathan Markey,Chairman Health Department Staff Susan Sawyer,Health Director Debra Rillahan,Public Health Nurse;Pamela DelleChiaie,Health Department Assistant