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HomeMy WebLinkAbout2014-09-29 Board of Health Minutes North Andover Board of Health Meeting Minutes Monday_Septeinber 29' 20114 7:00 p.00. � 120 Main Street,%"«Floor Selectmen's Meeting Rwwnu North Andover, B0/& 01845 | � | Pnmod: Thomas Trowbridge,Larry FixJmr,Frank MacMillan,Edwin Pease,Joseph McCarthy,Susan | Sawyer,Lisa Blackburn L CALL TO ORDER The meeting was called to order ot7:0%pm. 1L PLEDGE OFALLEGIANCE 0. PD0}JC HEARINGS Public hearing opened at 7:15 p.m. on Section 6 of proposed regulations concerning the sale and use of tobacco and nicotine delivery products. Section 6 would prohibit the sale of any flavored tobacco or | nicotine delivery product. / Donald(DJ)Wilson,Tobacco Control Director of the Massachusetts Municipal Association,approached | the podium.Do presented dboBouu{n'bbbdbrou8ioure8u/dingtboMnniciyn|TobaouoConbn/Inu6uical Assistance Program regarding flavored tobacco and towns which have already banned flavored tobacco products.8o presented thuboozdwitzouoploaofdifferen1flavorodtu6uccop/oduotxwbiobho1eolotargotu the youth.He supports the ban on flavored tobacco products.Dr.Trowbridge asked why menthol flavors � weren't included.Mr. Wilson stated that the Federal government did not include these flavors in the cigarette buo. SnoprovidoJU`ninnmottnoneyvvhbaumploroguUutinuaGnmothertopmotbu1buveo flavored tobacco bans.The Town attorney is aware and still maintains the same warning of lawsuit risk. Mr.McCarthy brought up the subject of the town being sued if they approve the flavored tobacco ban.A � discussion ensued on this topic.Dr.Trowbridge then stated that the purpose of the public hearing ia for the merchants who sell tobacco to share their input oo the flavor bail. Diane Knight,Director North East Tobacco Free Community Partnership,thanked the Board for their consideration of the flavor ban on flavored tobacco products. She gave her opinion on supporting the ban of the sale of flavored tobacco. Rob Beauregard,Healthy Communities Tobacco Control Program,approached the podium.He thanked the Board for their consideration of the flavor ban and presented to the board samples of the flavored tobacco products he purchased from local North Andover merchants.He discussed his interactions with some of the merchants in North Andover who are tobacco permit holders.In his opinion,he believes that be doesn't see u great push back from the retail community ou this type oCrestriction.Mi.Bemougard presented data from the Mass Department of Public Health.He referred to the 2009 data regarding use of cigars among teen high school students.It was found that the use of flavored cigars was about the same as cigarette use.A discussion ensued regarding this duto Y�r.Pnoa�oukcdifa|l��proJuu�tbNp/��poyn�duronodtod6o � . � � board members would be banned if the flavor ban was agreed upon. Since the products passed around are � 2014 North Andover Board of Health Meeting Page Iof4 Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler.K8cm6o/C|,zk;Francis Y.MacMillan,]c, M.D.joseph McCarthy,Member; Edwin Pease,Member Health Susan Sawyer,Health Director; Debra hao.Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistant l i all flavored,they would all be banned except in retail tobacco stores(which North Andover does not currently have). A discussion ensued on whom is buying and using the flavored cigars and the compliance check rates on the merchants selling these items.Dr.MacMillan read an article off his cell phone from the Center of Disease Control and Prevention,National Youth Tobacco survey regarding targeting youth with flavored tobacco.A discussion ensued regarding the article. Mr.McCarthy stated his opinion on the flavored products being sold and banning them,however,still has a concern with the possibility of the town being sued.Dr.Trowbridge addressed this concern.He stated that all the merchants were notified of the i public hearing and the absence of merchants at the public hearing shows that there isn't a great concern for t the possible flavor ban.He also discussed that if there was a demand to buy the flavored tobacco,there is currently no restriction of a tobacco stare that could be opened in North Andover.An application could be submitted to the Health Department without having to go before the Board for approval.Mr.Pease asked if flavored tobacco products are a new product.A discussion ensued regarding this issue.Mr.Wilson stated that the 2009 ban on flavored cigarettes brought about the explosion in the development of flavored tobacco products.Mr.Fixler asked Mr.Beauregard if he talked with the tobacco permit holders and if they understood the reason for the public hearing.Mr-.Beauregard stated that he did talk with the permit holders; however,there wasn't much discussion about it.Mr.Beauregard stated in his opinion,he didn't get the impression that the flavored cigars are a coveted item to the permit holders.He feels he has a good relationship with the permit holders and they each have their own opinions regarding the issue.Dr. MacMillan stated that the flavoring that is put into the tobacco products is targeting youth smokers.The ban would at least keep it out of the youths of non-driving age since they would be unable to drive to another town to obtain the products.Mr.McCarthy referred to the package of cigars that was previously passed around.In his opinion,the package looked like cigarettes.He asked what the difference between a pack of cigars vs.a pack of cigarettes.Mr.Wilson approached the podium to explain the difference between the two.A discussion ensued on the differences.Dr. MacMillan asked Mr.Wilson if the language in section 6 of the proposed regulation meets the standards in the Providence decision.He is concerned about exposing the town to liability.A discussion ensued regarding the topic of the possibility of the decision being challenged or sued.Mr.Wilson stated that there is a severability clause. MOTION made by Dr.MacMillan motioned to close the public hearing.Mr.Pease seconded the motion.All were in favor and the hearing was closed at 8:26 p.m.which stopped testimony from the public. IV. APPROVAL OF MINUTES Meeting minutes from August 28,2014 were presented for signature.July 24,2014 meeting minutes were not presented for signature and will be presented at the October 2014 meeting. Motion was made by Mr.Fixler to approve the minutes for August 28,2014,the motion was seconded by Mr.McCarthy,all were in favor and the minutes for August 28,2014 were approved. V. OLD BUSINESS The Board continued discussion on the proposed regulations governing the sale of tobacco products and smoking.Once a vote is made on the regulation,Dr.Trowbridge will work with Mrs. Sawyer to fix any numbering issues that may result from Section being included or excluded.There won't be any substantial change to the language.The vote will take place on the entire regulation today and will be signed at a later meeting.Mr.Fixler stated that the Board did a good job on what has been done on the proposed regulations and wanted to thank and congratulate Dr.MacMillan and Mr.Beauregard for their hard work.Mr.Fixler stated that the town attorney's opinions should be considered when dealing with the regulations.A discussion ensued regarding the attorney's suggestions. MOTION made by Dr.MacMillan to include section 6 and the associated definitions in the final draft of tobacco regulation,Mr.McCarthy seconded the motion.All were in favor.The motion was approved unanimously. The discussion continued regarding the proposed regulation.Mr.Beauregard suggested rewording section 4.5.001 regarding cigar packaging.He handed out rewording of the language.He is recommending the following change:"A package of four or more cigars The ur pac must be priced at the retail market price or at five($5.00)dollars,whichever price is higher".Mr•.Wilson explained what prompted the rewording for the pricing of cigars. MOTION made by Dr.MacMillan to amend the proposed regulation by addition and deletion and striking"The four pack"and adding"A package of four or more cigars".Motion seconded by Mr. Fixler.All were in favor and the motion was approved. Dr.Trowbridge discussed the previous draft regulation and would like to add a section 23 to the new draft regulation.He proposed adding language to the section that says"This regulation supersedes the prior regulation titled"Regulations Affecting Smoking in Certain Places and Youth Access to Tobacco,"as adopted on January 1,2002 and thereafter amended." 1 I Forth Andover Board of Health 1 Meeting Minutes Monday ---September 29, 2014 7:00 p.m. 120 Main Street,2"d Floor Selectmen's Meeting Room North Andover, MA 01845 MOTION made by Dr.MacMillan to pass the proposed amended regulations governing the sale of tobacco products and smoking.Motion seconded by Mr.Fixler.All were in favor and the proposed amended regulations governing the sale of tobacco products and smoking were approved. Dr.Trowbridge suggested choosing a date for the regulation to take effect. Since tobacco permits in North Andover run from July to July,to vote on a regulation and leave it until the next July isn't ideal. A discussion ensued regarding what would be a good time for the regulation to go into effect and how the tobacco permit holders should be notified. MOTION made by Dr.MacMillan to approve the regulation to take place on February 2,2015.Mr. McCarthy seconded the motion,All were in favor and the motion was approved. MOTION made by Dr.MacMillan to approve the proposed tobacco regulation as amended.Mr. Fixler seconded the motion.All were in favor and the Board passed the regulation unanimously. VI. NEW BUSINESS The meeting began with William Foster,Foster and Cote Contracting,representing the owner of 51 Hay Meadow,Mr.Ralph.Enos.Mr.Foster approached the podium requesting a variance to the local Subsurface Disposal Regulation.The owners are requesting a reduction of the Design Requirement for the distance from a Deck on Footings,to the soil absorption system,from 1.0 feet to7 feet.This distance is between a repair septic system in relation to a replacement of a deck and home addition.Mr.Foster explained details of the new proposed addition/deck and the existing septic system located in the back yard. The existing system failed during the course of approving the proposed addition.Mr.Foster discussed the previous plans for placing the proposed septic system in the front of the yard,but was not able to since it was discovered during soil testing that the water level in the front yard was a few feet below grade.They decided to place the proposed septic back into the back yard. They wanted to keep the new system out of the 100 foot buffer zone for Conservation while allowing the new addition to be guilt.He is requesting that the footings be within 7 feet of a leach field as opposed to 10 feet that is in North Andover's Subsurface Disposal Regulation,since moving the proposed system would be a hardship to the homeowners as well as a longer waiting period. Susan Sawyer asked why the addition couldn't be shifted to allow the proposed septic system.Mrs. Sawyer stated that Mill River Consulting,our septic reviewers,suggested a shift to the left in the addition would allow the proposed system to fit.A discussion ensued on why the addition could or couldn't be shifted or made smaller.Mrs. Sawyer reviewed Title 5 regulations and North Andover's regulations and the differences between the two. She reviewed the proposed paper septic plans with the Board members, 2014 North Andover Board of Health Meeting Page 3 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 i Mr.Foster continued with his explanation of the proposed septic plan.Mrs. Sawyer reiterated to the Board that if the variance was granted,it could set a precedent to the local regulation.The Board may have to look at the location regulation in the future and change it if they agree with this type of distance being granted. Mrs. Sawyer believed that the design plan was created by Bill Dufresne of Merrimack Engineering, r believing that he was following the code. He didn't realize it was a local regulation.Mr.Dufresne decided to go for a variance instead of fixing the issue since he didn't agree with the 10 foot local regulation and didn't feel it was necessary.Another discussion ensued regarding relocating the current proposed septic plan.Mrs. Sawyer stated that the Board does give variances that are allowed by Title 5 for hardships as in reduction of a water table but this is a local regulation which is different. Granting the variance for what Mr.Foster feels is a hardship could create a concern in the future regarding North Andover's local regulation.The Board did not feel that there is a hardship for the request for the variance. Granting the request would set a precedent. Mr.Foster will go back to Mr.Dufresne to shift the plan to fit the septic system in regards to the proposed addition and present it to the Health Department for approval VII. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION Mrs. Sawyer spoke regarding the upcoming flu season.There will be three upcoming flu clinics.There will be no high dose flu vaccine available.Elderly and High Risk Flu Clinic: October 2❑d 1:00-2:00 pm and October 15"' 1:30-2:30 pm at the Senior Center.Family Flu Clinic: October 20th 4:00-7:00pm at North Andover Middle School Cafeteria. Dr.Trowbridge reminded residents that on Saturday October 18th there will be a Household Hazardous Waste Day at the TBI facility,210 Holt Rd.9:00am—1:00 pm Mrs. Sawyer reminded residents that any unused pharmaceuticals can be brought to North Andover Police Department anytime. She encouraged residents not to flush unused pharmaceuticals down the toilet. 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 9:05 pm. Prepared bv: Lisa Blackburn, Health Dept.Assistant Reviewed bv: All Board of Health Merrrbers&Susan Sativyer, Health Director Signed b Larry F',-.er erk f the Board Date Signed r