##VIDEO ID:1pDmwmrLfIU## this is a Board of Health meeting October 10th 2024 7M in the land use room hybrid meeting President at the meeting is subasa Patricia Dr Patricia Dr Terry putam Jim oh my God Tom Hibert our health director and Samantha brundon our secretary do we have any public comment not having to do with what we're going to be discussing at our meeting no okay so therefore I have a motion to go into public hearing for the tobacco I so move grief um all in favor suasa yes TR VC yes Terry yes okay oh and I should mention too we're in the hearing but we'll come back out of the hearing before we go into the next hearing which is the fee schedule okay so this first hearing I will read the notice notice is hereby given pursuant to masteral laws chapter 111 section 31 that the South Lake Board of Health will hold a hybrid public hearing on Thursday October 10th 2024 7 p.m. via zoom and in the land use hearing room at 4:54 College Highway South Mass 01077 on the following topic propose amended regulation regulations limiting youth access to tobacco products and nicotine products adopted August 4th 2016 the proposed regulation can be found on the Southwick site Amendment include prohibition of smoking bars prohibition of tobacco products by educational and Health Care institutions prohibition of non-residential roll yourown machines adoption of fining consistent with state law fines and a separate finding structure for lesser violations of the local regulations this came about mainly because well other than for limiting youth access and our public health and saf we discovered that our originally regulations from 2016 were not in line not as strict as the state regulations and the state regulations overseed ours so with the help of the pioner valley tobacco Coalition and the Massachusetts Municipal Association they draft help draft up regulations taking into consideration the state regulations and our regulations so I'll open discussion if anybody has anything they want to say just introduce yourself um and where you're from your title narith Jeff dying in anyone have anything to say no folks I'm not here to say ne necessarily anything unless there's any questions that you might have from the materials that I sent or any any conversations around that but I'm hearing just we haven't done is um we took off the nicotine pouches part of it until we get more information we haven't we haven't gotten to that point yet on once we review that we'll decide if we want to include it or not include it just want to be here just in case you guys had any questions okay all right Diane Gail yes Diane question for you if you decide later uh or or will there be a second public hearing if you decide make a decision on whether you're going to include the nicotine pouches or not yes we would even though okay have to have a hearing other than a Title Five hearing we would have one okay thank you anyone else any you want to sign in in the book do you have any comment or anything you need want to say uh what did like what you did you guys any decide what to do um right now we're just taking comment on these regulations that we revised I don't know if you heard the first part of it where we took our regulations and the state regulations and we combined so like you decide you gonna go up the age no the age isn't changing no age is staying the same mostly it's um the fines the suspensions um and we added a few other prohibitions for educational healthare institutions and roll your own machines any comment for who just joined um hi I just joined my name is Heather Warner um I am the um Hampshire Franklin tobac free Community Partnership coordinator um out of the collaborative for Educational Services um are you taking public comment yes yes okay um I I'm sorry that I'm a little bit late um I wasn't sure if you were including the oral pouches in this draft we are not okay um and I I also um didn't see the um anything about capping or reducing the density no yeah so density of what uh like how many outlets um there are in the have is about not so many feet away from right school uhhuh um so I mean I could still speak out about the need for oral the oral pouch ban um uh yeah I don't want to use your time though if that's not something that's worth speaking about anything else um just a a great appreciation for your community that is looking at these tobacco regulations and updating them to be consistent with the state you know and even going Beyond those state regulations in some cases um you know I know that um youth really are the tobacco industry is always one step ahead of us and so the need to keep updating these regulations is consist you know it happens more often than we'd want it to but it's just about staying ahead of it and you know I do think that some things like the flavored blunt wraps and the oral pouches are yet one more way that the industry is trying to continue to hook a new generation of users um particularly around the pouches because the concentrations can be so high and the nicotine salts which is synthetic you know are absorbed in a much different way than say chewing tobacco so um it's they're really highly addictive as opposed to being a cessation device which they're not regulated as they're not regulated as a cessation device so that's it for me thank you for listening thank you thank you um anyone else no okay so I guess we'll make a motion to close the hearing and go back to regularly a regular meeting and then we can go into the next hearing we want to discuss this so someone want to make the motion I move that we close to close the hearing and and uh go on to the next phase he second the motion all in favor P subasa yes yes okay all right so do we want to a decision now and do that before we do that um I do have a few questions I can find My Notes um do we provide signage for the places that sell tobacco because it says in here that they're available from the south of Board of Health um yes I Meredith if you could confirm that I believe when the Piner Valley tobacco poition inspectors go out they have they have signage to provide if the stores don't already have it it's also available online through the um Public Health Clearing House through from s dph okay yeah absolutely that's correct that's one of the um things that we see more often than not is the signs either being misplaced or covered up so our Tobacco Control Officers always carry an extra set of signs and um make them available to the merchants okay so we do have that um on our application that we send to the businesses do we have in there um do we provide them with our regulation do we provide them with an area to sign that they read those regulations uh well once these regulations are approved I'll send out a copy to everyone um and we are with our pending switch to e permitting um I can make sure that's in the new application I don't remember I'll stop my head if it's on our our current one okay so that's on page seven of 13 under tobacco product sales permit um and two and they required to sign the statement declaring that theyve read it that they're responsible for whatever happens okay um under number eight sale of flavored tobacco products prohibited do we check this that the retailers obtain documentation from the manufacturer certifying that the products aren't flavored is that something we check when we go out yeah I believe so we pvtc does as well Tom yeah okay thank you all right I think those let me see what else was the sh that I fixed okay then the other thing was the non-criminal disposition okay so for the minor violations no signage something like that then that would be non-criminal disposition it's going to be under $300 um but and I think we talked about this how are we finding people are you just sending a letter or how is it being handled yeah there's a um like a draft letter from the state that that we use follow that model and um send it out or or hand deliver it to the the retailer so would we use that also for the ones the minor RS the minor violations or we the non-criminal disposition do you have pad or whatever um are Meredith if you want me to help out yeah sure um so yeah we'll use the same finding structure for both the state and your local regulations um and it's a cease and toist template that I provide um I provide to the boards of health and this way if there's an appeal the appeal is heard at the Board of Health hearing and we don't have to go to we used to go to distri district court for the appeals and things could have gotten thrown out because of process errors where at the Board of Health meetings or hearings um you know if we didn't dot our eyes or cross our tees you know correctly it wouldn't be thrown out so it just it's more streamlined and it's about the violation not about process so that's why we switched about we started switching about five or six years ago to this method so should we not include non-criminal disposition for the minor violations because we can use your form for both yes I'm just look um maybe Lisa could answer that I'm looking that up in the rug I'm sorry it's on page 11 section 19 is there anything any downside to including it if if we're giving businesses this I think it has everything yeah so that they understand ahead of time if we should rewrite this I would think it says may be penalized by non-criminal disposition so we wouldn't have to do it that way right but you'd have the option of doing it if you wanted and that's the old fashioned using the tickets um so do we want 21d tickets pardon me so do we want to reward that if that's the oldfashioned way of doing it you mean replace May with SH no no just this whole non-criminal disposition to I think I think the best thing would be leave it as is and we don't have to follow the non-criminal disposition but it's an OP it's another option if we leave it as is do you have any thought on this yes uh so so yeah you do you want to leave it in because for the fines that are under $300 that is the kind of the the most common way for it to proceed and that's the way that it allows you to to issue the the ticket um it's it's it's probably the thing that actually enables you to to collect the the tickets that Meredith Sprites that are not for State violations for the local violations um and that's just kind of like the the the way that the non-criminal disposition statute is written if you don't have that language you are foreclosed from using the non-criminal disposition process completely um for those regulations so you have to include it in order to use it um again because it says may you don't have to use it um but you wouldn't be able to use it if you didn't have that language there it okay um so we're looking at this no nicotine pouches in it until we get more information is there anything anyone wants to add Trish Terry Tom no I think it's I think it's good I think we've covered it and I don't think we've no additional burden on anybody correct compared to what we have we're not we're not limiting anything that people are selling now no there's there's if if any of the any the things that we've prohibited um if there's anyone doing that currently in town they're not doing it legally because we don't know about it so um but as far as I know there's no non-residential role your own there's no um health care or educational institutions that are selling tobacco um and there's no smoking bars so um so there's no burden on that yeah a lot of it is is kind of um just updating making sure it's consistent and accurate and um nothing uh nothing major and then we took our regulations prohibition of smoking and membership associations which we had from 2007 I think we talked about this and included it yeah included in the meeting so we took our regulations the states and the smoking bar and put them all together into one okay I move that we adopt the regulations as written hold on do we want to rename them Originals were limiting you access to tobacco products and nicotine delivery products do we want to keep that title do we or we want to the regulations restricting the sale of tobacco products I would keep it as is because it addresses more than just the youth restricting youth I mean it's yeah it's it's more encompassing than than that okay agree all right goad make your motion I move that we adopt the regulation the new regulations as you described I second in the motion okay um all in favor to yes subasa yes Trish yes okay so that's that for that one so Tom um send this to the clerk's office and this and D meet monitors all the or compiles all the Board of Health regulations are you are your copy did print one copy without the watermark if you guys want to pass it down and I'll sign it Tom would you scan in a copy of the signed cop uh the signed version to me as well yeah we do record great thank you board for all of your thought and process and the tobacco regulations and we'd be happy to come back and talk further about nicotine pouches or any other topics that you'd like to thank you for helping us and Lisa and Jeff and do you have Jeff's information Tom y we'll go through your information Jeff so thank you okay great thank you guys thanks for your work um so the original's going to go in our book yeah okay no doesn't matter yeah original go in our book and the copy goes downstairs and copy L of the state yeah okay so now for this next hearing do I um we just vote to go into it do I have to read the yeah might as well read that top section again at least I read the top section and then adopt proposed okay so make a motion to go I make a motion to go into the next hearing or make a motion to close the meeting and go into the next hearing meetings don't close the meeting but just go into the next hearing okay okay I move that we go into the next hearing I second that motion okay Terry putam in favor subas in favor in favor okay so let me read it again notice is hereby given pursuant to Mass General laws chapter 11 section 31 that the Board of Health will hold a hybrid public hearing on Thursday October 10th 2024 at 7M via zoom and in the land use hearing room at 4 54 College Highway south mnth 01077 on the following topic adopt proposed updated Fe schedule for board of health permits okay and we are increasing some of our fees not so much the um restaurants or retail food to be more in line with other towns and on Town's recommendation and they've all been increased pretty much by $25 except for mobile food unit permit which we can discuss later after we get out of the hearing so do we have any discussion on this from um the public from Tom from yeah I don't know I just want to I had one other idea that we hadn't talked about previously so I'll just introduce it before if I just doesn't seem like anyone from the public wants to comment but just in case um in talking with the E permitting um full circle Technologies they suggested as a um in order to promote the use of the e- permitting um because people will still have the option to do paper permits um to do either uh increase fee if someone does a wants to do a paper permit which is what the building department currently does um that the select board had voted on years ago it's $5 extra um if someone wants to do a paper permit or a little friendlier way of doing it is you could do we could do a $5 discount if anyone does a permit through the through the system um we're increasing all the permit fees by 25 so if we did if except the restaurants but that wouldn't be a huge uh I don't think that would be a huge loss in fees um and it would just it's not a lot of money but just a little bit to encourage businesses to to do it on the e-ting system and you know save a little little bit of money um so that's something that we can we can do we don't have to do um and just wanted to throw it out there in case any public or you guys wanted to discuss it later yeah we will discuss this after we get out of the hearing okay all right and I have something too I want to discuss too that I mentioned to Tom which I should probably discuss that after too not bringing up now yeah I guess so after okay um any discussion about the increased fees from the public from anybody okay um and as as I mentioned it's basically it doesn't include so much the food permits other than the um mobile food units and then we made a cottage permit too okay I guess we can close this hearing Gary I moved to close the hearing a second all in favor ter plam subasa yes yes okay so I think you did that correctly okay I think so um and I also wanted to bring up the Mobile Food unit permit I know Terry was concerned that um the Mobile Food units take business away from our established businesses in town who pay taxes so I was thinking what if we what if the mo mobile food units which have a base in town we decreased their fee and then the people that don't have a base in town aren't paying taxes in town we keep that at 150 I'm not sure who that applies to when you say a base in town what what does that mean malicious is in town and they have yeah a few units um do you know do they use those in Southwick though I think they use those outside of Southwick he does mostly he does um temporary permits he just does like one day events like the the um Motocross um there are a few other food trucks that are based in Southwood I I do think I don't know I think we would want to get legal opinion if we were going to do something like that um because my understanding of the way the the laws are written for permitting is the intent is is the the permit is kind of supposed to C the uh or at least offset the amount of work done by the health department by Me by Samantha and Karen processing the permits and the time that we put into the inspections and all that stuff um and is it that coordination you have to coordinate it with another service besides yeah with the fire department as well so if we were to say that it was going to be one I don't know I it might be fine I I understand the sentiment behind it and I I like that actually but um I would think if we were going to do something like that um we could we would want to get legal opinion before we do that I disagree with that because we have the schools in town and we don't charge them we now have the bathing beach permit but we're not going to charge South the town of Southwick but if someone else had one that wasn't town of Southwick we would charge them um so that's my thought on well but I mean I think that's different because that's that's actually the town of southw not just people who live or work at Southwick um so what we one thing we could do we could just table we could leave the Mobile Food permit as is for now adopt everything else and we could always Circle back to that one or if it makes people more comfortable we can reduce it from 150 to you know 125 um I I I I understand that that it is based upon the work right and does the do you have to coordinate two different services to go in for a school to check the school or the yeah the school I just do the inspection for the school I can I I understand that a little more than than but the Mobile Food unit now comes to the town hall also you want to take a vote or or if we want to P it but what's your thought Trish I'm just curious because I was already mentioned how often for example malicious are they really doing it in town as opposed to out of town and if it's really well no if they go out of town they get get so how much are they actually utilizing that in town they get a temporary permit when they do he gets temporary permits for the for the wick and has one um one I think one that he gets a year on license for um and there's a few there's a new one um chappie uh he's from Southwick um and he goes to he's been going to um Tractor Supply he's been there a couple days a week um but I'm I'm looking more than someone who has a restaurant in town a restaurant in town and then has a mobile food unit from that restaurant as opposed to just somebody who lives in town maybe I miss whatever as opposed to someone who just lives in town and then has a mobile food unit yeah I think I I wouldn't be comfortable doing something like that without legal running it by I think when you draw a line in the sand like that people on one side or the other are going to say oh that's not fair that they have to pay we have to pay more or whatever are they doing in other towns one Fe yeah yeah just based on on what it is I mean I would be comfortable lowering it some um but but keeping it consistent you it doesn't have to be the 150 and but I I I I would keep it consistent Trish I can understand Tom in this aspect with the the cost of things need to be done I I'm more um after to leave it where it is so you're more after to 150 or I mean I would be good at 125 or 150 but I I I would agree I think if we base it on on coordination and and the amount of work I would I would keep it the same so you want to keep it at 150 or 125 we can discuss that first so we'll keep one fee that I guess that's consensus do you want to keep it at 150 or do you want to go down a 125 I'd be good with what I mean you know more about the work I'd be good with 125 that's still an increase to recognize um yeah either way i' I'd be I'd be fine Trish what do you think 150 125 25 is fine 125 is fine and when they get this permit is it daily how long it last yeah so for the mo for the Mobile Food unit permit it's an annual permit um calendar year yeah so they they um you know that's more for like the the full-on food drucks um that are have everything they need the fridges and all the cooking equipment they have a vent Hood in them a lot of them um and then they can do any any event in Southwick and they're licensed for the year um and then that we have the seasonal which Jen I think the only person that got a seasonal this year was um the north side creamy uh who did an event at uh running a car show Monday nights at The Daily Grind um so that way they're not applying for a you know 10 different temporary food permits I just get the one seasonal and um they have more of like a tent setup like you would see at a um like a fair or something and then the temporary food permit that is a mix um for the most part we just get those at at the wick um and then there's always a few food truck s here and there that you know we're we're just doing a one-off event at the Westfield River Brewery or there's a few that go to um the I can never remember the name of it where Norah's was uh the bar shop um sometimes they'll go there and if they're not gonna it's not going to be a regular thing sometimes they say I'd rather pay for just the 25 the one day then get an annual license so um that's kind of the the three mobile is permits are we um okay so if it's a nonprofit We don't charge them for well it says nonprofit and food establishments with a license so not is it food establishments with a license and then okay and or nonprofits I think so that would be a nonprofit so if uh um so the church the church or some they did a temporary food permit um they would be they' have to get the permit but they' be ex but they wouldn't have to pay um and then food establishments with a license um they would be exemp I think they would be yeah how's that worded there I am my interpretation would be they would be exempt from paying not exempt from getting a license um are exempt from payment yeah we'll clarify that because I would still want to know right um but if you know if any restaurant was going to do a temporary event in Southwick we would still want them to let us know where they're going to be what they're going to be doing make sure they're going to have the proper equipment for whatever they're going to be doing away from their establishment but I I think that's reasonable to not not charge them and should it be or so nonprofit and or because it sounds as if you got to be a food establishment license and a nonprofit so should it be or nonprofit or yeah establish I guess that makes sense okay where the license are exempt from payment does that sound okay yeah and that's just for temporary right that's just for temporary okay so do we want to vote on these with these minor changes now or do you want the changes made and written I'm good with them what are what are your thoughts on the discount or uh extra charge if they want to do a paper paper versus e permit my thought is let's not do it this year because it's all new to them yeah maybe next year the discount can think the discount yeah because this year would be Fair yeah that sounds good I think that's reasonable and then before you vote one last thing to consider would be the effective date um most of the I don't know I was going to say we would do January 1 but everyone renews their annual permit before January 1st so we might want to when are they um going to go out November 1 ideally November or late October um I I think I'm hoping next week we'll have the first version a test out of thew should be on passage okay that works oh also we didn't decide here my thought with the tobacco thing is effective data it was regulation take effect upon passage yeah and since this really didn't need a hearing and it doesn't need a regulation it's just something we're voting on do you want to um because my my one concern is on the fee schedule we have a lot of annual permits but then also the the septic and the perks um which they people just apply when they need it for a septic permit so you want so should for we could do I don't know would it make sense to do those effective January 1 so then we can notify by everyone the price is changing um because I I'd feel bad if someone someone could have called Karen and said how how much is a perk today and she said oh it's you know uh 1 150 and then they come in tomorrow and when're oh now it's 175 other than the the annual permits like the uh construction perks well yeah what else would there be um I think that's it really everything else is annual what it looks like yeah well for the haulers and things like that do they those are annual but but when do they get them like in the spring or do they do they actually get those they usually get them in the in the spring or or but they still they still expire December 31st yeah yeah yeah we don't have a rotating yeah okay so to have those be in effect um Disposal system construction permit Disposal system construction component replacement permit or was it or do you want a component repair permit component replacement okay um percolation test for new percolation test for repair and a well permit yeah would be in effect January 1st 2025 yeah I like that and the rest of them would be now yeah and that way when people people renew for their next year's permit will have the proper fee advertised and that what they'll pay through the system is that's I'll give this to the company and they can program all that in and then make sure Karen knows if she gets calls and SM the nose so we ready for a motion yes we are I move that we accept the fee schedule with the minor changes that we made second the motion all in favor Terry putam yes subasa yes TR LEC yes so that passes and takes effect upon passage except for the ones that are going January 1 and even though you say Terry and Trish I have Samantha say do Patricia Dr Terry when she refers to us except for hiber yeah okay that takes care of that that do we need to close this well in a regular yeah so just to and we don't want to have anything else on the agenda and the minutes we haven't read yet so who's still with us on Zoom we got Diane gaale but she's not sitting at her computer so she could be doing something else and Ken everyone El hi Ken didn't realize you were there hello glad you could join us yes I'm glad I could be here right um so does anyone have anything else to add anything you want to say uh just have a question not for this hearing like something else well you can ask yes because you were you missed the public comment go ahead yes so the town getting more license from the state like beer wine or liquor in future that's not under our jurisdiction that would be under the select board select board yeah okay just I have just want to wonder in keep I'm getting more license from the state or yeah that'd be the select board select board and you can like make it I don't know you need to go to the meeting to ask that or you can just any dur any day during the day you could go to the select Board office and the um Town Administrator would probably be able to answer that for you yeah Nicole Parker is her name Lisa Lisa no Lisa Lisa's actually moved down to the um the senior center okay so so uh that's where Lisa's office used to be um there's a new there's a new secretary there Margaret and then the um the chief administrative officer uh is Nicole Parker okay so Nicole would know great thank you so our next meeting is November um November what Samantha oh boy first Thursday November November 7th yes okay dang it just as I pulled it up all right and we have all the um we have all the new applications correct that yeah that we did in the just got to fix the tobacco one because it has to have all the regulations and sign off or something that they read read them yeah um and we need a cottage permit application too or you going to include that on the flu of the food you yeah I think we we might be able to rework the food one because I I think the um through the e- permitting the the way they do it is like all the foods are in one permit and then it'll be check boxes and then it will print out one permit so if someone has um like a the frozen dessert um oh that's not not that it's not on there we voted on the fee though can we add that we can probably add that in um what was our fee do you remember I'll look it up and confirm was it I think it was it was 25 25 yeah that but so that way if someone has if someone has retail food service and frozen dessert it would be one permit and it just has those boxes checked off that's from the ones I've seen that looks like how that's how they do it through the soft I think it's called what manufacturer a frozen dessert yeah yeah um okay well I'll I'll put in $25 and I'll send it to you in word and you can um if and if it's more than that you can okay fix it perfect yeah I'm I'm pretty sure we stuck with we stuck with 25 manufactur frozen dessert um we had that for a long time and then it disappeared yeah somehow disappeared but it's a state ulation so basically it's a soft surf machine um or for for malicious um Joe makes his own ice cream so he he's actually manufacturing it but um like McDonald's uh The Summer's house just forgetting the the premixed bags popping them in the machine you need it's you're technically by the state law you're a manufacturer of frozen dessert um Bas basically the public health risk is that the the spigot um or whatever you would call it is outside of temperature control so if they don't when they change the bags at the end of each day or whatever if they don't properly clean it the uh coliforms can go way up and they have to be tested what once a month they test them monthly they'll bring a sample to a a food lab and get the cfor count and then we're supposed to get a copy Y and we do we do yeah from the three yeah do we need a motion to add this I don't think so because we voted on that se separately so I this is the last year we I mean may maybe we should just to be safe but I don't I think we're good because we can go back to the minutes and see it so we did it back in January February March or something yeah okay um make a motion there's a motion I move that we dismiss at at whatever at uh 7:46 the second motion all in favor T putam yes subasa yes yes okay stop reporting bye K by have a good