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North Andover Board of Health
Meeting Minutes
Thursday—April 17, 2014 1
7:00 pun.
120R Main Street, Senior Center
North Andover, MA 01845
Present: Thomas Trowbridge,Larry Fixler,Frank MacMillan,Edwin Pease,Joseph McCarthy,Susan
Sawyer,Lisa Blackburn
I. CALL TO ORDER
The meeting was called to order at 7:04 pm.
II. PLEDGE OF ALLEGIANCE
IIL. PUBLIC HEARINGS
IV. APPROVAL OF MINUTES
A. February 27,2014 minutes were submitted for approval.
Motion was made by Dr.MacMillan to approve the minutes,the motion was seconded by Mr.Pease,
all were in favor and the minutes were approved.
V. OLD BUSINESS
A. Continuation of discussion on proposed revisions to the Town of North Andover Board of Health
Regulations Affecting Smoking in Certain Places and Youth Access to Tobacco.Discussions
included but not limited to#3,#6,#8,411,#13,#14(of attached Summary of Proposed Tobacco
Control Regulations of North Andover).
Dr.Trowbridge discussed the subcommittee that was formed a few months ago.Dr.Frank MacMillan
and Ron Beauregard,North Andover's Tobacco Inspector,worked to put together a document using
the state model as a starting point,and then did revisions that were unique to North Andover.That
document was presented to the Board at the February 27,2014 BOH meeting.BOH members
submitted seven agenda items for editing or modification to be discussed.These extracted items will be
discussed at tonight's meeting and no final vote will be made to implement any regulations. The
summary of the proposed changes is a working document that will be reviewed at the public hearing
on May 22,2014. Dr.Trowbridge reviewed the list of six items that are in disagreement along with
adding the topic of signage that wasn't originally included on the agenda.Dr. Trowbridge also
discussed notes that were made by Mr.Pease to discuss the transferring of permits.The rest of the
items will remain on the proposed summary for the public hearing.
MOTION:Dr.MacMillan motioned to have the items that were not extracted for the meeting to be
discussed at the public hearing on May 22,2014 and to just discuss matters of disagreement.Dr.
Trowbridge seconds the motion.All were in favor with no abstaining votes.
April 17,2014 North Andover Board of Health Meeting Page 1 of 4
Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Cleriz;Francis P.MacMillan,Jr.,
M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra
Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistant
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#3-capping the number of establishments holding tobacco sales permits(Section 4,4.4.012).Mr.
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Pease suggested striking the proposed clause.Mr.Pease felt as though it interferes with the future
growth of the town. Mr.McCarthy felt that it discriminated against new businesses and agreed with
Mr.Pease.Dr.Trowbridge asked if the board thought that the entire clause should be stricken.Mr.
Pease agreed.A discussion ensued with Dr.MacMillan pointing out the importance of the proposed
regulation.Nicotine is an addictive substance and the purpose of the clause is to prevent the
recruitment of youthful smokers and limit the number of places where youths can purchase tobacco.
Data suggests that restricting access to an addictive substance reduces the addiction that is in the
population.A discussion ensued why Mr.McCarthy disagreed with the proposed clause stating that it
would hurt local businesses.Dr.MacMillan disagreed stating businesses could always come before the
Board to ask for a variance. Mr.Fixler agreed that tobacco is a health hazard and an addictive
substance however it is an accepted product and how can you limit a new business that wants to sell
tobacco. Dr.MacMillan stated he felt that not having the clause would let access to tobacco increase in
town and the purpose of the clause is to protect the youth of North Andover.Mr. Pease agreed with
preventing smoking,however,the clause has more of an effect on businesses selling a legal product.
Mrs. Sawyer stated that the Selectmen recently chose to put a cap on Mobile Food Trucks in town to
four permits per year and wanted to point out that it is somewhat similar to this clause.Dr.MacMillan
stated that this protects current business owners and stated that it is the Board's responsibility to
protect the health of the public which is why he supports the regulation.Mr.McCarthy stated that he
disagrees with the clause and could not support.Mr.Pease again suggested striking the clause
completely. Dr. Trowbridge, Mr.Fixler,Mr. McCarthy all were in favor.Dr.MacMillan was opposed.
#6-requiring retailers to ID customers before selling nicotine delivery products regardless of
age(section 3,4.3.003). Dr.Trowbridge reviewed the clause.A discussion ensued regarding age 1
requirements in the clause and penalties for selling to someone underage.Mrs. Sawyer stated that if the
age is changed,new signage would need to be made.There are currently twenty one businesses in
town with tobacco permits.Dr.MacMillan suggested amending the clause and going back to the old
language but moving the age to 30.All Board members were in agreement.
#8-prohibiting smoking electronic cigarettes in any place where smoking is prohibited(section
16, 16.003).A brief discussion ensued regarding electronic cigarettes.It was decided unanimously that
the amended clause will remain in the proposed regulation for the public hearing.
#11-prohibiting smoking in "smoking bars" (section 2,4.2.019).Mr. Fixler moved to remove this
proposed clause.A discussion ensued regarding what a hookah bar is and if there is a certain type of
zoning needed for a hookah bar.Dr.MacMillan stated that his opinion was it doesn't make sense to
have a hookah bar in North Andover. It was his opinion that hookah bars belong in larger cities,not
towns.A discussion ensued regarding what is involved in the operations of a hookah bar and the
culture of it.Mr.Fixler was also concerned about where this type of business could be opened as far as
zoning is concerned. Mr.Fixler stated that he doesn't want to dictate what businesses can come to
town and what businesses can't.Dr.MacMillan reiterated the purpose of the proposed clause is to
prevent youths from getting addicted to nicotine and to promote public health.Mr.McCarthy stated he
was in favor of leaving this proposed clause in.After a discussion on the subject and understanding
more about it,Mr.Fixler withdrew his suggestion to remove the proposed clause.Dr.Trowbridge
stated that the proposed clause will remain in the proposed regulation for the public hearing.All Board
members were in agreement.
#13-end coupon redemptions allowing purchasing tobacco products for free/below minimum
pricing laws(section 7).Dr.MacMillan asked if the Board could consult with Ron Beauregard,
Tobacco Inspector,regarding the use of coupon redemption.A discussion ensured regarding the use of
coupons.Dr. Trowbridge stated that he would consult with Mr.Beauregard and get clarification on the
status of the Massachusetts general law and state regulations.Dr.MacMillan suggested having the
entire regulation in front of the Board highlighting the items for discussion.Mr.Pease was in favor of
leaving the proposed clause on the agenda for the public hearing.All were in favor and the proposed
clause will remain on the agenda for the public hearing.
April 17,2014 North Andover Board of Health Meeting Page 2 of 4
Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry ftxler,Member/Clerk;Francis P.MacMillan,Jr.,
M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff.Susan Sawyer,Health Director; Debra
Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistant
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North Andover Board of Health
Meeting Minutes
Thursday._April 17, 2014
7000 p.m.
120R Main Street, Senior Center
North Andover, MA 01845
Dr.MacMillan also asked that the proposed draft be projected at the public hearing on May 22,2014
showing the original proposed regulations with the edits from tonight's meeting.
#14-prohibiting the sale of tobacco products in colleges/educational institutions.Mr.McCarthy
stated the proposed clause discriminated against a segment of the adult population and suggested
striking it. A discussion ensued regarding the regulation.Dr.MacMillan gave his input on why the
proposed regulation should remain. It is the Board of Health's obligation to permit and regulate the
licensing of nicotine use.Merrimack College was discussed as an example for this proposed clause.
Dr.Trowbridge stated that the clause also helps reduce smoking in the dorms,reduce second hand
smoke and the risk of fires.A discussion ensued regarding the proposed clause. Mr.Fixler stated it is
the rights of an adult smoker to use tobacco.Dr.MacMillan stated that there is a difference between
the rights to consume a substance versus the rights to sell a substance.Dr. Trowbridge stated that it is
the Board of Health's obligation to permit and regulate the licensing of nicotine use. Mr. Fixler
suggested striking the proposed clause.Mr.McCarthy agreed.Dr.MacMillan,Dr.Trowbridge,and
Mr. Pease were opposed.(2 for/3 against)The clause will remain in the proposed regulation for the
public hearing.
Signage—Mr.Fixler suggested reducing the amount of signage and wording used. Dr.Trowbridge
asked what amount of signage/wording are enough and what would the board support.It was suggested
to add electronic cigarettes to the existing language and expand the language to nicotine delivery
devices.Mr.Pease also asked about smoking cessation signs.Dr.Trowbridge suggested maybe Mr.
Beauregard could bring examples of signs to the public hearing in May.Dr.MacMillan suggested
more information needed to be gathered before making any changes to the proposed clause. It will
remain open for discussion at the public hearing.
4.4.008—A tobacco/nicotine delivery product sales permit is non-transferable.A discussion
ensued on transferring of permits.Mrs. Sawyer discussed how the tobacco permitting process works.
Mrs. Sawyer discussed the Health Department's permitting process including the responsibilities of
Ron Beauregard,North Andover's Tobacco Inspector.Mrs. Sawyer stated that the Health Department
has never denied a tobacco permit to anyone who has applied for one in the past.Mr. Pease proposed
striking clause 4.4.008.Mr.Fixler seconded the motion. Mr.McCarthy agreed.Dr.MacMillan and Dr.
Trowbridge were opposed.The clause will be stricken.
Dr.Trowbridge asked the Board members if there were any other specific phrases or clauses that were
missed that needed to be brought up for discussion.
#5—Requires that cheap cigars(priced less than$2.50)be packaged in groups of at least four
units.Mr.McCarthy stated section 5 should be deleted.A discussion ensued regarding the regulation
April 17,2014 North Andover Board of Health Meeting Page 3 of 4
Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr.,
M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra
Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistant
and Dr.MacMillan stated that the reason for the proposed regulation is to try to keep the price point
from getting too low. Since this was not removed from the consent agenda for discussion,Dr.
Trowbridge stated he would not strike the entire section.It will remain on the agenda for the public
hearing.
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Dr.Trowbridge stated he would work with Lisa Blackburn to create a document with edits to reflect
changes that were made for clarification. Dr.Trowbridge will work with Mr.Beauregard for other J
clarification.Mrs. Sawyer stated that Mr. Beauregard will do the advertising for the public hearing. r
Notices will also go out to Merrimack College,the new applicant of Den Rock Wine and Spirits, and
the current tobacco permit holders.
VI. NEW BUSINESS
VII. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION
1, Mr.Fixler would like to present a discussion on food poisoning at the next BOH meeting if time
permits.It will be added to next month's BOH agenda under discussions.
2. Dr. MacMillan inquired about this year's Mosquito Best Management Practices since he was not
at last month's meeting.There are no changes to this year's Best Management Practices.
3. Mrs. Sawyer discussed the recent ServSafe Course that was held by the Health Department.There
were very positive reactions to the course. She is hoping to hold another class in possibly six
months. She also stated that this year's Food Safety Focus is on the use of hair nets.Letters were
sent out to food establishments and Megan fi-om PPS will be out enforcing the regulation and
giving out the hair nets to people who need them.
4. Mrs. Sawyer discussed the Zostavax shingle shots now being issued by Deb Rillahan,Public
Health Nurse. If insurance covers the shot,there is no charge.If insurance does not cover the shot,
the fee charged is$50.00.
5. The Health Department has not yet had any inquiries regarding a summer internship. The Health
Department will however will be hosting a Public Health intern from Merrimack College. She
needs 150 hours and will be working this fall.
6. Summer Camp applications and pool applications have started to come in to the Health
Department. Applications are due May IS'.A discussion ensued regarding summer camps,
recreational camps and Christian's Law.
7. Dr. Trowbridge would like the public to know that April is National Facial Protection Month.A
discussion ensued on the importance of wearing mouth guards and face masks when engaging in
sports, especially children.
VIII. CORRESPONDENCE/NEWSLETTERS
IX. ADJOURNMENT `
MOTION made by Mr. Fixler to adjourn the meeting. Mr.McCarthy seconded the motion and all
were in favor.The meeting was adjourned at 9:15pm.
Prepared by:
Lisa Blackburn, Health Dept.Assistant
Reviewed b):
All Board of Health Members&S11sCW Smvyer, Health Director
Signed bX:
Larry viler Clerk the Board Date Signed
April 17,2014 North Andover Board of Health Meeting Page 4 of 4
Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr.,
M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra
Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistant