Canton, Massachusetts · Saved source text
Oct 6 2016
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TOWN OF CANTON CANTON, MASSACHUSETTS Minutes of the Canton Board of Health Meeting on October 6, 2016. PRESENT: Ms. Ruth Slattery, Chairperson Dr. Richard N. Levrault, Vice Chairperson Dr. Julie Goodman, Clerk ALSO PRESENT: Mr. John L. Ciccotelli, Health Director Ms. Jane Pratt, Public Health Nurse Ms. Karen D. Murphy, Recording Secretary Dr. Levrault opened the Meeting at 7:05 p.m. in the Salah Meeting Room, Memorial Hall, 801 Washington Street, Canton, Massachusetts. REQUEST FROM CONSERVATION COMMISSION (CON COM), FOR THE CANTON BOARD OF HEALTH (CBOH) TO APPOINT A CBOH MEMBER TO A NEW COMMITTEE THE CON COM HAS REQUESTED THE BOARD OF SELECTMEN TO CREATE, TO ASSIST IN UPDATING THE 1997 OPEN SPACE & RECREATION PLAN FOR THE TOWN OF CANTON. Upon a motion from Dr. Goodman seconded by Dr. Levrault, Ms. Slattery was appointed to be the Board of Health member; to a new committee the Conservation Commission has requested the Board of Selectmen to create, to assist in updating the 1997 open space & recreation plan for the Town of Canton. VOTED: 3 — 0. PERMITS/LICENSES Disposal Workers Installer— Christian Farland: Upon a motion from Dr. Goodman seconded by Ms. Slattery, the Board voted to approve a disposal works installer permit for Christian A. Farland, P.E., Farland Corp, 401 County Road, New Bedford, MA. VOTED: 3 — 0. Tobacco Products — Canton Wash & Gas: Present was Mr. Brian Gilles, current owner of Canton Wash & Gas at 683 Turnpike Street; prospective owners Mr. Syed Iqbar and Mr. Saeed Rahman; Ms. Carla DiFazio, stenographer, and Mr. Paul Schneiders, attorney for Mr. Gilles. Mr. Schneiders provided a summary of Mr. Gilles' efforts to sell his property to Messrs. Iqbr and Rahman. The sale of the property began in July. The tobacco permit paperwork was picked up at the Health Office on August 30. The application to the DOR for a State license to sell tobacco (cigar sales) was received by the State on September 19. Mr. Ciccotelli noted that the Board imposed a moratorium on tobacco sales at their September 12, Board of Health meeting.. He raised some concerns with the paperwork that was submitted for the tobacco permits to the State and that after calling the DOR, it was established that the applicants had applied for their State license to sell tobacco (cigars) on September 19, contrary to a hardcopy application completed by hand with an anonymous hand stamped date of September 07, 2016. There appears to be inconsistencies with the dates on the paperwork and the checks (# 1013 and # 1019). The Board discussed the situation, in particular the timeline of when the process was started relative to the moratorium.
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Canton Board of Health October 6, 2016 Page 2 of 3 Permit to Sell Tobacco Products — Canton Gas & Wash: Upon a motion from Dr. Goodman, seconded by Ms. Slattery, the Board voted to approve a tobacco permit to Canton Wash & Gas, 683 Turnpike Street due to a change of owner. VOTED: 3 — 0. Food Service Permit — Canton Gas & Wash: Upon a motion from Dr. Goodman, seconded by Ms. Slattery, the Board voted to approve permits for retail food service and milk & cream (coffee only) to Canton Wash & Gas, 683 Turnpike Street due to a change of owner. VOTED: 3 — 0. Retail Food Service — The Paper Store: Upon a motion from Dr. Goodman, seconded by Ms. Slattery, voted to approve a retail food service permit at The Paper Store, LLC at 95 Washington Street. VOTED: 3 — 0. Food Service Permit — Giovanni's Ice Cream: Upon a motion from Dr. Goodman, seconded by Ms. Slattery, the Board voted to approve food service A (0 — 50 seats) and milk & cream permits to Giovanni's Ice Cream at 598 Washington Street due to a change in ownership. VOTED: 3 — 0. PUBLIC HEARING Proposal to Amend the "Prohibition of the Sale of Tobacco Products to Minors": The Board had an extensive and in-depth discussion about amending the current tobacco regulations in Canton. Present were Ms. Sarah McColgan and Ms. Larissa Swenson, both advocates from anti-smoking agencies. There are currently 25 tobacco permits in Canton. The Board discussed the merits of creating a moratorium on issuing new tobacco sales permits and only renewing permits for businesses currently holding valid tobacco sales permits. It was noted that tobacco sales permits, like all Board of Health permits, are not transferrable. and so new businesses or businesses that were sold or transferred would have to be issued new permits for them to be able to sell tobacco products. So in this scenario, the Board would no longer be issuing new permits when one lapses; and allowing permits to be acquired only if the establishment is transferring within a family. While all agreed that this is a public health issue, and it should be a primary consideration of the Board, several issues were raised on the merits of limiting tobacco permits in Canton. Ms. Slattery noted that adults who smoke will purchase them in a neighboring town, denying Canton the income. Mr. Ciccotelli noted that when the smoking age was raised to 21, the meeting room was full of people to speak on the topic. Tonight, no one was present. Canton was the second town to raise the smoking age to 21. There are now 132 towns, or nearly a third, in the state that have raised the purchase age. In addition, of the 25 permits issued in Canton, only three of the holders are Canton residents. Currently, Billerica and Newburyport no longer allow new tobacco permits to be issued, and eventually, they will no longer allow the sale of tobacco in their towns. Sarah McColgan from the Tobacco Control Program with the Massachusetts Health Officers' Association spoke about the mission of the Board of Health to make decisions based on the best health for the citizens of Canton. She noted some things to consider, including limiting the number of permits, which is how towns handle alcohol permits. Another option is raising the fines for any violations. She recommended that Canton adopt the model regulation. She claimed it has strong support among anti-smoking advocates, and it was written by attorneys with comprehensive language. She offered to work with Mr. Ciccotelli to review the current by-laws in Canton and provide recommendations for the amendment. The Board began deliberations on a possible motion that would include clearing up and adding language to the current Regulation that would prohibit nicotine products other than e -cigarettes and removing
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Canton Board of Health October 6, 2016 Page 3 of 3 flavored tobacco products from business, and that would also allow businesses transferred to family members to be allowed to continue to obtain tobacco sales permits. Ms. Swenson from the Bay State Community Partnership spoke about improving wording and terminology in the by-law to limit flavored tobacco products and better define which tobacco items are restricted, especially products that appeal to youth who often use these products before trying cigarettes. On hearing Ms. McColgan speak further about the "Model Regulation sponsored by her organization, Dr. Levrault announced that the topic will be tabled. Abandoned Housing: There are two houses in Canton that have been identified and cited as abandoned. The State will be notified, and the full legal process will begin to get the properties up to code. Health Fair –The annual Health Fair will be on Saturday, October 22 from 10:00 am to 1:00 pm. at the High School. Flu shots available for anyone over 6 years of age: no nasal shots will be administered. Residents are reminded to bring their insurance cards. ADMINISTRATION Regular Session Minutes – September 12, 2016: Upon a motion from Dr. Goodman, seconded by Ms. Slattery the Board voted to approve the minutes of September 12, 2016 as presented. VOTED: 3 – 0. BILLS AND VOUCHERS Bills and Vouchers: Upon a motion from Dr. Goodman, seconded by Ms. Slattery, the Board voted to approve the bills and vouchers as presented. VOTED: 3 – 0. ADDITIONAL ITEMS Tobacco Survey: Dr. Goodman is reviewing the data from the annual survey, and she will present the findings at the November meeting. Next Meeting: The next board meeting is scheduled for November 7, 2016 at 7:00 p.m. INFORMATION Adjournment: Upon a motion by Dr. Goodman, seconded by Ms Slattery, the Board voted to approve adjourning the meeting at 8:47 p.m. VOTED: 3– 0. Respectfully submitted, � IL�64-^— Julie Goodman, Ph.D. Clerk