1995-10-12 Board of Health Minutes

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The meeting of the Board of Health came to order at 5:30 pm, Thursday October 12, 1995 in the - Board of Selectmen's Meeting Room of Town Hall. Present at the meeting were members Cathy Baranofsky, William Murphy, James Nugent and staff Ruth Clay. Public Hearing - Request for variance from Board of Health Rules and Regulations Section 16.2 Smoking Restrictions in Certain Places By Wes Parkers. - -Clay read the Legal Notice. Attorney Charles Arthur-pve a short presentation saying that the regulation causes a manifest injustice and that this business is hurt more than others in Reading. Ivester gave a copy of his sales figures for January - July of 1994 and 1995. He felt that the issue will solve itself over time as smokers pass on. He asked for a return to the layout before the smoking ban, i.e., the Marilyn Munro room and the bar area. Bill Hughes, Town Meeting member and RMLD Commissioner, felt that the ban creates a severe hardship. He noted that he did not think it was the intent of the Board to hurt business and advocated Wakefield's approach. Jane Fiore identified herself as a Town employee, a 24 year resident, and Girl Scout leader for 30 years. She brought up the health of the children She noted that Tewksbury is smokefree and she and her husband, who is asthmatic, go only to smokefree restaurants. She also noted that the restaurants are worksites for the waitpeople, including her non-smoking aunt who passed away last week from lung cancer after working as a waitress for 30 years. Bill Hughes said he felt that children were being used as a ploy. Ruth Brophy, a town employee, noted that she just flew to Europe with her mother who coughed 7 1/2 hours on the plane because of smoke caused by others. She noted that there is more information now about environmental tobacco smoke and that this is a health issue not a rights issue. John Horgan noted the smokefree dining guide but that it was conceivable that he would go out of business (Chew Chews). He noted that there are only four places asking for a variance, that the public can go to others who are smokefree if they want. Kerry Brophy noted that if one restaurant gets a variance that all places will want variances. Bob Childs of the Main Sail felt that it was an issue of free choice, that the health dept. should educate the public about the dangers of tobacco and then let them make their own choice. A motion was made by Nugent, seconded by Baranofsky to close the public hearing; motion passed 3:0:0. Public Hearing - Request for variance from Board of Health Rules and Regulations Section 16.2 Smoking Restrictions in Certain Places By Chew Chew's. Clay read the Legal Notice that appeared in the Reading Times Chronicle October 5, 1995. John Horgan of Chew Chews and Winslows said that he did well in July. However, the last ten weeks he was down 11% for both places. Only four places are asking for a variance; it is a freedom of choice issue. He gave the Board a copy of his sales numbers. He noted that his expenses have gone up and that he is paying more for less. He gave it a try and it is not helping-, people are leaving town. He asked that the Board consider their losses and hardships. Bob Lynch, Town Meeting member, asked if the Wakefield Town Meeting vote was legal; could the Board grant variances until the next Town Meeting? Ron Winslow told the Board he wanted an immediate variance. A motion was made by Murphy, seconded by Baranofsky to close the public hearing-, motion passed 3:0:0.