HomeMy WebLinkAbout1995-10-12 Board of Health MinutesThe 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.
Public Hearing - Request for variance from Board of Health Rules and Regulations Section 16.2
Smoking Restrictions in Certain Places By Last Corner
Clay noted that she had spoken to the owners that afternoon and due to family circumstances
have asked that the Board table their request until a future meeting. Request tabled.
The minutes of September 14, 1995 were approved as submitted by a vote of 3:0:0 on a motion
by Nugent, seconded by Murphy.
Other Business: Clay asked the Board about a policy concerning employees bringing their
(out-of-town) families to the Employee Clinic. The Board said that that was alright. Clay asked
the Board to waive the fee for the Downtown Steering Committee to give away cider and donuts
at their event October 28. The Board voted 3:0:0 to waive the temporary food license fee of $15.
Clay told the Board that the head school nurse, Jo Ann McMahan has notified her that the school
nurses will not be offereing flu shots to school personnel this year nor will they be participating in
the program to immunize sixth graders for hepatitis b.
Public Hearing - Request for variance from Board of Health Rules and Regulations Section 16.2
Smoking Restrictions in Certain Places By Main Sail
Bob Childs noted that he has been in business for three years, losing business the first 2 112. He
gave figures for his sales since May noting that his lunch business in particular was down. He felt
that the restaurant should be able to make their own choices and that he may not make it through
the winter.
Ruth Brophy asked the Board to investigate whether a business was paying their bills before the
new regulations went into effect. Childs responded that sales, not bill paying was the issue.
Ivester said that the Board was looking for an excuse not grant variances. He noted he has gone
through a divorce and owes the state money. Childs reiterated that the Board should be doing
public education. Murphy acknowledged all the work done by the staff on public education.
Horgan counted up the number of smoking seats being requested (Chew Chews 23, Main Sail 28,
Wes Parkers 40). Gerald McDonald, Town Meeting member, said that he did not think it was the
Board's intent to hurt business but that it has turned out that way. He felt that the issue is
freedom of choice, that he teaches his children and grandchildren not to smoke, and that the
Board should grant variances.
The public hearing closed at 6:40 pm.
Murphy noted that he has talked to a number of people around town and that the Board is
supposed to make decisions based on health. He noted that the Dept of Revenue will be coming
out with some information in November that should help the Board make a decision. He noted
that it took a lot of time to make the first decision on becoming smokefree and he would like to
make sure that this decision was well thought out.
Nugent made a motion to deny the three variance requests as they were based on economic not
health issues and that the Board would put the issue on the Town Meeting warrant; seconded by
Baranofsky. Motion carried 2:1:0.
Bob Lynch noted that he would be bringing it as an Instructional Motion at the Fall Town
Meeting. He also asked some questions about the compliance checks and said that he felt that the
Board should be more strict about selling to minors.
Meeting adjourned at 7:00 pm
VJ
Ruth L. Clay, MPH
Director