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
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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.
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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