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HomeMy WebLinkAbout2014-5-22Minutes for May 22, 2014, adopted July 17, 2014 BOARD OF HEALTH Town of Nantucket 2 Fairgrounds Road 9PQRAi�� Nantucket, Massachusetts 02554 H www.nantucket - ma.gov y Commissioners: Malcolm MacNab, MD, PHD, (chair), James Cooper (Vice cha,, 1 0end -Weld, RN, Stephen Visco, Rick Atherton CO Staff: Richard Ray, Artell Crowlev -- MINUTES -- I" Thursday, May 22, 2014 4 Fairgrounds Road, Community Room – 4:00 pm r- Called to order at 4:00 p.m. ` Staff in attendance: Richard Ray, Health Director; Terry Norton, Minutes Taker Attending Members: Malcolm MacNab, MD, PHD; James Cooper; Helene Weld, RN; Stephen Visco; Absent Members: Rick Atherton, Board of Selectmen Agenda adopted by unanimous consent 1. None 1. \pril 17, 0214 – Approved by unanimous consent. 1. 19 & 16 Massachusetts Avenue – Madaket Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Staff Variance regarding placement of a repaired septic system. Residents wish for the septic to continue to be for year -round use; it is an alternate technology system. Recommend approval. Representative None Discussion Cooper – Asked if the well shown on the plan is the applicant's or the neighbor's. Ray – The resident's well is within the confines of the house, the exterior well is the abutters. Cooper – Asked who would be responsible if there is a problem crossing Massachusetts Avenue. Ray – The applicant's. Will include that the owners of 19 Massachusetts Avenue are responsible for all piping and force mains leading to the septic. Action Motion to Approve. (made by: Weld) (seconded by: Cooper) Vote Carried unanimously Page 1 of 4 Minutes for May 22, 2014, adopted July 17, 2014 PUBLIC 1. Town of Nantucket Board of Health Regulation 72.00 — Restricting the Sale of Tobacco Products and Nicotine Delivery Products Sitting MacNab, Cooper, Weld, Visco Recused None Documentation Supporting documents and plans, staff recommendations. Staff Have written a set of regulations provided by counsel for tobacco control and includes nicotine dispensing products: e -cigs, blunt raps, and coupons. Speakers Donald J. Wilson, Municipal Tobacco Control Technical Assistance Program Bob Collett, Director Cape Cod Regional Tobacco Control Program Public Hearing Public hearing opened at 4:05 p.m. Wilson —114 other Massachusetts towns have expanded their regulations to require a customer to be 18- years -old to purchase nicotine dispensing products. National statistics show that in one year usage of cigarettes has doubled among minors who have tried e -cigs. Explained why blunt wraps are included in the regulations. The trend has gone down in the use of 49 -cent flavored cigars, which he attributed that to the increased cost; a number of Massachusetts towns have regulated the minimum price for cigars to be $2.50. MacNabb — Asked about the wording in regards to blunt wraps not having an age attached. Wilson — That is due to the fact that the city of Boston was sued for banning blunt wraps; it was decided this was the safest legal thing to do. Weld — The National Association of Tobacco Outlets (NATO) states there are no facts or findings showing the blunt wraps lead to increased use. Wilson — It is nearly impossible to track how regular rolling papers are used: for cigarettes or marijuana. Likewise it is very difficult to research whether or not blunt wraps are being used for illegal products. Noted that a lot of the products have marijuana symbols on them. Cooper — In the towns that have included e- cigarettes, are there numbers showing whether or not there has been a decrease in use among minors. Wilson — The regulations have not been in place long enough. The trade association for e- cigarettes manufacturers has agreed not to tell minors. MacNabb — An article in "Lancet" suggested e- cigarettes are safe compared to tobacco, but they are addicting. Wilson — There are fewer chemicals in second -hand vapor compared to second -hand smoke, but because they are unregulated it is hard to ensure the purity of the refills. Action Motion to Close the Public hearing closed at 4:12 p.m. (made by: Weld) (seconded by: Cooper) Vote Carried unanimously Discussion Ray — He would like the board to make a recommendation on the effective date of the regulation. The regulation would be policed by the BOH or its designated agent, which would be the Tobacco Control Program of Cape Cod. Collett — The Program would inspect the stores to ensure they are compliant with State and Local regulations. If items which constitute a violation are found for sale, it would be reported to Mr. Ray and then enforced. Ray — Explained how an establishment would be managed if found to be in violation. Cooper — Asked where the age of 27 came from. Wilson — It's consistent with what alcohol regulations require, the nine -year differentiation. Ray — Concerned about an effective date. Suggest a date of June 1, 2014. Collett — Recommend BOH give retailers an opportunity to sell down current stock. Page 2 of 4 Minutes for May 22, 2014, adopted July 17, 2014 MacNab — Recommend July 1, 2014 to provide time to inform retailers. He is concerned about the blunt wraps being included without facts to back it up. Asked about the distribution of coupon redemption. Wilson — The city of Providence passed an ordinance the banned the redemption of all coupons for all tobacco products; NATO sued and lost in the federal court of appeals. NATO is indicating what happens in New York City, which doesn't matter here. Cooper — Asked why it is a problem for people over 18 to have a coupon. Wilson — The Federal Court of Appeals found in the Providence case that coupons are seen as driving people to smoke more. Weld — Asked the process once the regulations are approved. Ray — All retailers will be notified and sent a copy of the new regulations. MacNab — Asked a sense of the board in regards to blunt wraps and coupon dispensing. Cooper — Would like those two items exclude at this time. Weld — Has no concerns with leaving them in. Discussion about the ramifications of impairing people over 18. Wilson — There is data which supports keeping the price up to deter smoking and that is why coupons are discouraged. The idea is to get kids and adults to smoke less. Massachusetts has set the minimum pricing. MacNab — The consensus is 2 -2 on keeping blunt wraps and coupons in the regulations. An option is to issue the regulations without items 6 & 7 (blunt wraps and coupons) and amending the regulations at a later date when the fifth member is present. Stated he might change his mind once he looks at the data. Ray — Would rather wait for a full board. Discussion about keeping the hearing open for the next board meeting. Action Motion to re -open the public hearing at 4:26 p.m. (made by: Cooper) (seconded by: Weld) Vote Carried unanimously 1. Tick -borne Disease Video Sitting MacNab, Cooper, Weld, Visco Discussion MacNab — The producer has hired a writer. 2. Tick -borne Disease Work Group Sitting MacNab, Cooper, Weld, Visco Discussion MacNab — Will set that up next week. 3. Summer Symposium Sitting MacNab, Cooper, Weld, Visco Discussion Weld — Set up for August 2; Dr. Abrar Qureshi is available. Discussion is ongoing for another physician. BOH is responsible for securing the room and advertising. Staff — BOH will have a budget by July 1 for advertising. MacNab — Asked the advertising be coordinated with the hospital to avoid duplication. 4. Tick -borne Disease Inns & Hotels Sitting MacNab, Cooper, Weld, Visco Discussion Staff — The Inns and hotels seems to be acceptant of utilizing the information. The summer intern will start June 1 who is in her third year of pre -med. Will be doing training through the hospital. Page 3 of 4 Minutes for May 22, 2014, adopted July 17, 2014 5. Tick -borne Disease Mice vaccination Sitting MacNab, Cooper, Weld, Visco Discussion MacNab — Met with the CEO of the company that produces this vaccine and a scientist. Decided Nantucket is not quite ready for this. Would like to see more data. Staff — Wants it clear that this is an oral vaccine. Weld — Learned the mice have to ingest the vaccination five times. MacNab — Feels this program needs more development. 1. Licensed Waste Haulers Sitting MacNab, Cooper, Weld, Visco Recused None Staff The final total of waste haulers who should be licensed is 109; only 20 are licensed. Will be going after the others reminding them they need to submit a check and required information or will be fined. Discussion None 2. Mandatory Sewer Connection Letters Sitting MacNab, Cooper, Weld, Visco Recused None Staff Have a list of 138 individuals are not connected to sewers abutting their properties. Letters have gone out mandating they connect to sewer. They have six months to respond. Discussion None 3. Housing issues Sitting MacNab, Cooper, Weld, Visco Recused None Staff As the newspaper reported, housing is an issue; people end up living in inadequate and hazardous housing. Have had to go back to a property that was condemned, reinstate and is going back to condemnation. Anticipate this to be the biggest problem this summer. Discussion Cooper — When someone looks for people who come from overseas, isn't it the employers responsible for making sure they have housing? Ray — No, it is stated in correspondence that housing will not be provided by the employer and it is up to the individual. What is available is has no emergency egress, no windows in bedrooms, no smoke detectors, no heat detectors, and no carbon - monoxide detectors. 4. Mosquito Control Sitting MacNab, Cooper, Weld, Visco Recused None Staff None Discussion Weld — The home rule petition for Mosquito control board has passed the Massachusetts house. It now moves on for approval by the senate. Discussion about the Health Department's problem with e -coli infected hamburger and budgetary concerns that could interfere with inspections. Mr. Ray explained that his department is responsible in handling the tainted meat and what must be done. VIII. ADJOURNMENT Motion ••.• 4:41. Submitted by: Terry L. Norton Page 4 of 4