Chairman Stephanie Wilkie called the meeting to order at 10:35 AM in the Town Hall Auditorium. Present were Vice Chairman Edward Sheehan, Clerk, Susan Sullivan, and Director of Public Health Thomas Carbone.
MOTION - Mr. Sheehan made a motion to close the hearing with no action. The motion was seconded by Ms. Wilkie and voted 2-0. Mrs. Sullivan did not participate in the voting.
Melissa Stockwell from the Tobacco Control Program appeared for all the Show Cause Hearings.
Ms. Stockwell stated that on October 26, 2002 a compliance check was done and cigarettes were sold to a minor at Alinda’s Market. This is the second offense. Said Benachater and Kalid Steigera appeared. Mr. Steigera stated that the minor was a regular customer and she stated that she didn’t want to go out in the rain to get an ID. He stated that she also looked about 25 years old.
Ms. Wilkie asked how much is made a month on cigarette sales. Mr. Benachater replied about $3,000. Ms. Wilkie stated that she was willing to waive the fee and suspension if the owner purchased the card swipe machine.
MOTION - Ms. Wilkie made a motion to waive the fee and suspension provided that the owner of Alinda’s Market provides proof prior to the next meeting that the card swipe machine has been purchased and is in the process of being implemented. The motion was seconded by Mr. Sheehan and unanimously voted 3-0.
MOTION - Ms. Wilkie made a motion that if the owner of Alinda’s Market is unable to implement the card swipe machine than this board will institute a $50 fine and 3-day suspension of the license to sell tobacco. The motion was seconded by Mr. Sheehan and unanimously voted 3-0.
Ms. Stockwell stated that on October 26, 2002 a compliance check was done and cigarettes were sold to a minor at Market Basket. This is the second offense. Mr. Billington stated that the clerk did not check the ID, that it was busy and the girl entered the wrong date into the register. The girl was reprimanded and re-educated on how to handle cigarette purchases. Mr. Billington stated that they have safeguards in place and that the sale of cigarettes requires a date entry. The “swipe machine” will not be any better. Mr. Billington added that the clerk who made the first sale is no longer an employee, but this second employee is usually a very good employee.
Mr. Sheehan stated that he is willing to waive the fee.
Mrs. Sullivan asked if there could be a refresher course for the employees. Mr. Billington stated that it was already done.
Mr. Carbone suggested that the fine be held in abeyance for a year.
MOTION - Mr. Sheehan made a motion to hold the
$50.00 fine and 3 day suspension in abeyance for 1-year and if there were any
future violations, then both the fine and suspension would be in affect. Also, re-training of all employees who sell
cigarettes is required. The motion was
seconded by Ms. Wilkie and unanimously voted 3-0.
Ms. Stockwell stated that on October 26, 2002 a compliance check was done and cigarettes were sold to a minor at the Tewksbury Center Mobil. This is the third offense. John Greige appeared for Tewksbury Center Mobil. Mr. Greige stated that his father was behind the counter visiting on this day. His father doesn’t speak English, so when the girl came in asking for cigarettes, a customer went behind the counter and gave them to her. Tobacco Control Program Inspector Tim Considine appeared at the meeting and stated that there were two people behind the counter and he assumed that both were employees. Mr. Greiger stated that the customer had once owned the station. Mr. Greige stated that they don’t sell that many cigarettes and may give up the license.
Ms. Wilkie stated that there are three options: 1) fine and suspension, 2) give up the license, or 3) buy a card swipe machine. Mr. Greige stated that they never made the sale, but are willing to go with the fine and suspension.
MOTION - Ms. Wilkie made a motion to issue a $100 fine and a 14-day suspension, which will start at midnight on November 21, 2002. The motion was seconded by Mr. Sheehan and unanimously voted 3-0.
Ms. Stockwell stated that on October 26, 2002 a compliance check was done and cigarettes were sold to a minor at the Shell Food Mart. This is the second offense. Mr. Sideropoulos stated that the cashier was familiar with the buyer. Mr. Sideropoulos stated that he has purchased the card swipe machine for both stores and is already in the process of installing it. Mr. Sideropoulos stated that he would be interested in any material that would help him educate his employees.
Ms. Wilkie asked how much is made a month on cigarette sales. Mr. Sideropoulos replied approximately $25,000.
Mrs. Sullivan asked if the clerks look at the picture ID when swiping them. Mr. Sideropoulos replied yes.
MOTION - Ms. Wilkie made a motion to waive the fine and suspension in lieu of the purchase of the card swipe machine. The motion was seconded by Mr. Sheehan and unanimously voted 3-0.
Ms. Stockwell stated that on October 26, 2002 a compliance check was done and cigarettes were sold to a minor at the Motel Caswell. Russ Caswell stated that there was a new person on the desk. The clerk thought he knew her. Mr. Caswell stated that he only sells about 2 or 3 cartons a week, so it’s not worth him buying a card swipe machine.
Ms. Wilkie asked Mr. Caswell what he wanted to do with the license. Mr. Caswell stated that he wanted to surrender his license.
MOTION - Mr. Sheehan made a motion to allow Mr. Caswell to surrender his license with no renewal. The motion was seconded by Ms. Wilkie and unanimously voted 3-0.
MOTION - Ms. Wilkie made a motion that this issue would be continued until December 5, 2002 due to a conflict with Mr. Kelley’s attorney. The motion was seconded by Mr. Sheehan and unanimously voted 3-0.
Ms. Wilkie asked what should be done with the remaining balance from White Hen Pantry education program from last year. Ms. Wilkie suggested putting it towards the summer program. Ms. Stockwell stated that she would like to purchase workbooks with the money.
Ms. Wilkie thanked Ms. Stockwell and Mr. Considine for all her good work in the past years.
Mrs. Sullivan asked if Northmeadow would be made aware of these changes. Mr. Carbone replied that he would send out notification to everyone who is affected by these changes. Mr. Carbone added that these changes would take awhile to go into effect.
Ms. Wilkie stated that she wants all pools to have lifeguards when open. Mr. Sheehan and Mrs. Sullivan agreed.
Mr. Carbone stated that the other major change is that the 911 call box be placed within 25 feet of the pool.
MOTION - Ms. Wilkie made a motion to adopt the Swimming Pool Regulations Amendments as presented. The motion was seconded by Mr. Sheehan and unanimously voted 3-0.
MOTION - Ms. Wilkie made a motion to adopt the Animal Regulation Amendments as presented. The motion was seconded by Mr. Sheehan and unanimously voted 3-0.
MOTION - Ms. Wilkie made a motion to approve the Board of Health minutes of October 3, 2002. The motion was seconded by Mr. Sheehan and voted 2-0. Mrs. Sullivan abstained from voting.
MOTION - Ms. Wilkie made a motion to approve the
Board of Health minutes of October 17, 2002.
The motion was seconded by Mrs. Sullivan and unanimously voted 2-0. Mr. Sheehan abstained from voting.
Director’s Report
Mr. Sheehan asked if Mr. Carbone received the messages about the beavers on Dirlam Circle. Mr. Carbone replied he didn’t get the message but he would look into this.
Ms. Wilkie stated that the World Gym has started a kids program to encourage exercise.
Ms. Wilkie stated that there is a federal grant called “Smart Moves”. Ms. Wilkie will work with Roy Patterson on this issue.
Mr. Carbone updated the board on the video from Mr. Ly regarding the Demoulas Warehouse and the latest correspondence from the town. Ms. Wilkie stated that she has had numerous correspondences with Mr. Ly and he is concerned with the quality of life.
Mr. Carbone stated that he spent the last few days at a MEMA conference. They talked about emergency plans after 9/11.
Mr. Carbone stated that in the next six months the State would run a needs assessment regarding biological warfare. Part of the money will be used by DPH to coordinate the response and planning with Board of Health representatives.
Mr. Carbone stated that the town will need to start thinking about a small pox vaccination procedure.
Mr. Sheehan asked if the insurance companies would give grant money to continue the Tobacco Control Program.
Mrs. Sullivan asked if the fees and fines from the violations and licenses were used to support personnel of the Tobacco Control Program. Mr. Carbone stated that the money collected has to go to the general fund.
MOTION - Ms. Wilkie made a motion to adjourn at 12:18 PM. The motion was seconded by Mr. Sheehan and unanimously voted 3-0.