HomeMy Public PortalAboutBoard of Health -- 2019-12-18 Minutes F .
Town of Brewster BREl,l;
Vk E111WTEP i�ll,lf� CLERK�. prixr�S 2198 MAIN STREET Health Department
�1 BREWSTER, MASSACHUSETTS 026314898
Amy L. von Hone, R. S . , C.H. O.
� _ Director
y"' u r > ggPHONE : 508. 896. 3701 EXT. 1120
Q N FAX : 508 . 896.4538 Sherrie McCullough, R. S .
•y F brhealth a ,brewster-ma. eov Assistant Director
CoRPoR 3a ��\` WWW.BREWSTER-MA. GOV Tammi Mason
8, 19 As \\\\ Senior Department Assistant
BOARD OF HEALTH MEETING
WEDNESDAY DECEMBER 18, 2019 AT 7:OOPM
TOWN HALL, ROOM C
Board members present: Annette Graczewski, MT (ASCP), Chair; Carmen Scherzo, DVM, Vice Chair; Joe Ford; Penny Hausser Holeman,
MPH, MA, MS and Lucas Dinwiddie
Others present: Amy von Hone, R.S ., C. H . O ., Health Director
1 . Chairman 's announcements
The VNA will be holding a free wellness clinic, including glucose, cholesterol and high blood pressure screening, on January 28, 2020
from 10AM — 2PM at the Council on Aging . This free clinic will take place every 4th Tuesday.
If anyone is interested in the Board of Health 's monthly agenda they can contact the Health Department at 508-896- 3701 x1120 or
email brhealth@brewster- ma . aov.
2 . Citizen 's forum
There was no one present for this item .
3 . Discuss meeting dates in January
Mrs . Graczewski stated that she had met with Mrs. von Hone and as of now there is nothing lined up for the next few meetings . She
would like to know if the Board would like to hold just one meeting in January.
Motion: Hold one meeting on January 15, 2020.
Motion : Joe Ford Second: Penny Hausser Holeman Vote: 5 -0- 0 Action : Motion carried
4. Vaping/Tobacco update
Mrs. Graczewski stated that on November 27, 2019, Governor Baker signed an act modernizing tobacco control into law. The act
substantially restricts the sale of E- cigarettes, nicotine vaping products and flavored tobacco products. Certain sections of the
legislation became effective immediately prompting the Massachusetts Department of Public Health to promulgate an emergency
regulation which became effective on December 11 , 2019 and resulted in new requirements for retail establishments that sell tobacco
products.
The changes include the following :
• Non - age related establishments such as convenience stores can no longer sell tobacco products, including cigarettes and
e- cigarettes to anyone under the legal minimum age of 21
• They cannot sell any flavored electronic nicotine delivery systems such as flavored e- cigarettes and flavored vaping
products
• They cannot sell electronic nicotine delivery systems with nicotine content greater than 35mg per milliliter
BOH 12/18/2019 Minutes Page 2
• They cannot advertise tobacco products that they cannot sell or display advertisements with celebrities, cartoons or similar
endorsements
• They can sell non -flavored electronic nicotine delivery systems with the nicotine content of 35mg or less per milliliter, but
they must maintain documentation from the manufacturer that validates the nicotine content
• They must keep all tobacco products including cigarettes and e - cigarettes behind the counter out of reach of consumers
and display all required signs, which are available at Mass.gov/newtobaccolaw.org . They must be displayed in plain view
The act also establishes specific requirements for establishments whose primary purpose is the sale of tobacco products and smoking
bars who restrict entry to individuals over the age of 21 (of which Brewster has none currently) .
Additional sections of the act do not go into effect until June 1 , 2020, including a prohibition of all flavored tobacco, including menthol,
mint and wintergreen in any retail tobacco store or non -age related establishment such as a convenience store or grocery store.
The Massachusetts Cannabis Control Commission has issued an amended quarantine order for vaporized devices and products
manufactured by marijuana establishments and medical marijuana treatment centers in Massachusetts. This was effective as of
December 12, 2019 for all products produced before December 121H
The order permits the sale of devices used -to -vaporize flower for adults and medical use of marijuana and devices designed to vaporize
concentrate that do not contain usable marijuana which pass screens for vitamin E acetate and other contaminants.
For information on this people can contact the Commission by emailing them at commission@ccmas. com or calling 774415 -0200.
Mrs. Graczewski stated that the Board currently has a tobacco regulation that is less stringent than what will become effective on June 1 ,
2020. Changes will have to be made to bring it into compliance with the States regulation .
Mrs. Graczewski stated that she spoke with Bob Collet from the Cape Cod Regional Tobacco Control Program about these changes. He
told her that in anticipation of the changes coming forward, someone had come up with a new flavored product which is a flavor
enhancement product that can be added to regular tobacco. He shared some language that some other towns are using so that the
flavors are not sold in any form . If that is the direction the Board is going, they may want to look into using that language.
Mrs. Graczewski stated that she and Mrs. von Hone had spoken about the number of permits Brewster currently has. Our regulation
allows for 11 permits, currently there are 9 active ones and through the grapevine they had heard that one of them may be
relinquishing their permit in 2020. She would like to know how the Board feels about that number and if they are interested in making
it lower.
Mrs . Graczewski also asked Mrs. von Hone to reach out to Victor Staley, Building Commissioner to ask about smoking bars (which
Brewster currently does not have) and any zoning issues relative to that. Mr. Staley stated that smoking bars are not listed in the Zoning
Use Table, so it is likely that they would be prohibited . Adult only tobacco stores would be treated like any other retail establishment
which means there is nothing to prohibit them .
Mr. Dinwiddie asked when the last time these regulations were looked at and updated . Mrs . Graczewski stated that they were revised in
2019 and took effect on September 1 , 2019 .
Mrs. Graczewski would like everyone to look at Brewster's current regulation and the new changes made by the State so that our
regulation is as stringent as the States.
Mr. Ford stated that he has no problem with making Brewster's regulations consistent with the State's and no problem with the amount
of permits issued in this Town. He also believes that the Board should hold off on adding flavor enhancers to the regulation .
Dr. Scherzo agrees with Mr. Ford .
Ms . Hausser Holeman wants to bring Brewster's regulations on par with the States but also thinks they should reduce the number of
permits to 10.
BOH 12/18/2019 Minutes Page 3
Mr. Ford asked where the original number of 11 came from . Mrs. von Hone stated she was unsure. She stated that in Yarmouth, if
someone relinquished their permit and no one else picked it up in a certain amount of time, the permit goes away. Mr. Ford stated that
he would be amenable to that philosophy.
Mr. Dinwiddie agrees with bringing Brewster's regulations up to par with the State. He asked questions about the menthol, mint and
wintergreen ban . Mrs. Graczewski explained that the Town cannot be less stringent than the State. Mr. Dinwiddie stated that he
believes the "flavor enhancer" would fall under "flavored tobacco " so is shouldn 't be an issue. Mrs. Graczewski read the definition of
"Characterizing Flavor" to the Board .
Dr. Scherzo stated he had no problem with adding the language about the flavor enhancers to the regulations but he is not sure how
effective it would be .
There was back and forth discussion on this.
Mr. Ford asked what would happen if a permit holder sold to a minor. Would they be charged the fine by the State and by the Town ?
Mrs . von Hone stated that she did not believe that was the case. Mrs. Graczewski stated that it would need to be clarified .
Mrs. Graczewski would like to bring this back to the February 19, 2020 BOH meeting so that everyone has a chance to look at the State
and Town 's regulations to incorporate changes. The Board agreed to look the current regulations and the State regulations over and
bring it all back on the 191h.
s . Discuss and possibly approve new In - House Septic Upgrade Approval Policy
Mrs. Graczewski stated that the policy has already been reviewed and approved by Town Counsel and that there have already been a
few meetings on this topic and would like the Board to go ahead and vote on it.
Motion : Adopt the new In - House Septic Upgrade Approval Policy
Motion: Penny Hausser Holeman Second: Joe Ford Vote: 5 -O-O Action: Motion carried
Dr. Scherzo asked that Board of Health signature lines be added .
6. Topics the Chair did not anticipate
Mrs. Graczewski stated that she and Mrs. von Hone attended the Select Board meeting last Monday with regards to short term rentals.
They provided them with some insight as they have both have had interaction with: rental bylaws. Ultimately it was decided by the
Select Board that they will not go forward with a bylaw at this time but will look at it later on down the road .
Dr. Scherzo spoke about Winston Steadman, All Cape Environmental . He asked who licensed him as an operator. Mrs. von Hone stated
that they are licensed by the State and that he only operates 1 system in Brewster. The County is notifying his customers that they
cannot use him as an operator anymore.
7. Liaison reports
Mrs . von Hone stated that the Health Department has been busy with inspections, 2020 license renewals and end of year work.
Dr. Scherzo stated that the Select Board asked the Dog Park Committee to look at Gages Field as a possible site. He doesn 't think it is a
good choice for the dog park.
Mr. Ford spoke about the Board 's decision on the 382 Satucket Road subdivision . He stated that it turned out that there was no time
crunch for approval and that he thinks the Board has zero way of regulating the upgrade. He thinks it should have been denied and
they should have re drawn the lines and come back.
Informational items were noted .
Meeting adjourned at 8: OOPM