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HomeMy WebLinkAbout1995-03-09 Board of Health MinutesBoard of Health The meeting of the Board of Health came to order at 7:00 p.m. on March 9, 1995 in the Board of Selectmen's Meeting Room of Town Hall. Present at the meeting were Board members William Murphy, James Nugent and Cathy Baranofsky and staff Ruth Clay. Minutes of the February 16, 1995 meeting were approved with one addition. Board of Health regulations Section 16 Smoking in Certain Places and Youth Access to Tobacco and Section 1 Administration: Murphy welcomed everyone back. He noted that the public meeting was open to the public for listening and answering any question that Board may have but that the public comment period has been closed. Murphy said that he wanted to make a few points clear. First to answer that the Board of Health is receiving selected information.. • The Board mailed out copies over a month in advance • The Board had an informational breakfast meeting for the restaurants and retail food operators • There was a public hearing which was advertised in the local newspaper. At that meeting the Board listened to all sides. • He has received phone calls from restaurant owners, interested citizens and a state representative as well as written correspondence and has read the local newspaper coverage. Baranofsky noted that she answered all calls. Nugent noted that he had received numerous letters. He noted that the Wes Parkers letter was well thought out and reflected a lot of work. He also noted receiving a letter from Mrs. Hoyt and a call from the Main Sail. Murphy noted that the regulations were the Board's initiative and that they instructed Clay to write a draft. Clay did not decide what would go into the draft and many changes have been made since the original. Nugent noted that the grant process was initiated by the Board with its goals to address smoking issues. Baranofsky agreed and noted that she looked at a number of regulations and that the Board instructed Clay what to put in the regulations. Murphy noted that he requested two changes be made in the draft. The first was to exclude child care centers from the sign requirement. He asked other members for their input. Nugent said that when you open your home to a business things change. He noted that a sign reminds the public when they walk into a public building or doctor's office. Murphy made a motion, seconded by Baranofsky to Include the phrase "Excluding licensed child care facilities" from the signage section. Motion passed 3:0:0. Clay noted that the other change was in wording to clarify that service bar areas were to be smokefree. William Murphy made the following statement: I have collected all of the information and gone over it all. I support the proposed regulations and encourage the other Board of Health members to vote for them also. have done a lot of research on Environmental Tobacco Smoke (ETS) and the single most reason I am voting for these regulations is the data is overwhelming (that ETS is a carcinogen and harmful to health). I could not even get through it all there was so much information. Specifically, what I focused on was acute exposure to small doses, not chronic exposure. The data showed that low levels of exposure can have adverse health effects including diminished lung functions, aggravates and triggers asthma attacks, and increase the risk of middle ear infections. ETS is a know human carcinogen; it is our obligation to act on this information. As the Board of Health, our role is clear and spelled out in law. Our obligation is to protect the public health. By a vote in support, I feel we are supporting the food establishments who are already smokefree. This is an ongoing process. We should evaluate these regulations in two years as well as evaluate other public places (besides restaurants). I am instructing the Health Department staff to aggressively promote Reading as a smokefree town. We should continue to tirelessly campaign for a statewide ban. James Nugent made the following statement: c 1 I am not going to repeat what Bill has just said. I have had calls and letters referring to the economics (of smokefree restaurants.) I have called both chains and individual restaurants in Andover. In Wakefield I called a hotel chain who said they would have no problem if Wakefield went smokefree. I spoke to the 99 Restaurant on Route 1 in Lynnfield who said they were voluntarily closing in July to remodel to isolate the bar area from the restaurant (so the restaurant area could be smokefree). There was no loss of business, a concern of the Board of Selectmen and restaurants. Business issues aside, we are charged to do a public health review and I would support smoking ban because of it (the public health review). Cathy Baranofsky read the following statement: Cigarette smoke without question poses a serious and dangerous health threat. This danger is not limited to smokers. Environmental tobacco smoke (ETS) which includes both exhaled smoke and the sidestream smoke from a burning cigarette causes the death of 53,000 non-smoking Americans each year. Environmental tobacco smoke is one of the most widespread and harmful indoor air pollutants. In 1993 the Environmental Protection Agency (EPA) classified ETS as a Class A carcinogen, joining a list which includes such substances as benzene and asbestos. Scientific evidence suggests that no reasonable amount of ventilation will eliminate environmental tobacco smoke from an enclosed area. At the same time the EPA Nugent made a motion seconded by Baranofsky to adopt Section 16 as proposed in the draft dated 3/9/95 with the change of the effective date of July 1, 1995. Motion passed 3:0:0. Baranofsky made a motion, seconded by Nugent to adopt the three definitions of "restaurant, vending machine and retail tobacco store" to Section 1.1 Administration. Motion passed 3:0:0. Baranofsky made a motion, seconded by Nugent to repeal Section 6 upon the effective date of Section 16. Motion passed 3:0:0. Ken Ivester of Wes Parker's said that his correspondence was mistaken, he meant the Health Department not the Board of Health. Nugent noted the amount of time put into Ivester's correspondence with the Board. Murphy and Baranofsky acknowledged the people who did not support the regulations. Baranofsky noted that she eats at both. Sally Hoyt approached the Board and noted that she was away for two weeks which was why they had not heard from her earlier. Preliminary Subdivision Plan - Cory Lane Estates: Jack Rivers gave a presentation on the preliminary plans. Board of Health voted 3:0:0 to approve the plans with the condition that minimum cellar floor elevations are to be two feet above high groundwater levels. Definitive Subdivision Plan - Beacon Circle: Jack Rivers gave a presentation on the definitive plans. Board of Health voted 3:0:0 to approve the plans with the condition that minimum cellar floor elevations are to be two feet above high groundwater levels. Variance request from Berson's Pharmacy from 10SCMR590.061A: Motion made by Murphy, seconded by Baranofsky to approve the variance request with the condition that notice of an insect or rodent would nullify the variance. Motion passed 3:0:0. Regional alcohol servers training program: Clay gave an update on a planning meeting to be held in Winchester for a free regional seminar to be offered. Board supported co-sponsoring the program with the Police Dept. Other business: Clay alerted the Board to three senate bills filed which would preempt local Boards of Health to make tobacco related decisions. Board endorsed letter to state representatives and senator opposing S. 508, 34 and 43. Meeting adjourned at 8:00 pm. : v ~A recognizes there is no safe level of exposure to Class A carcinogens. Therefore, environmental tobacco smoke must be eliminated from enclosed areas open to the public to remove the health risk. As a recipient of a Tobacco Grant from the Commonwealth of Massachusetts the Board of Health is supposed to be looking at regulations which would be appropriate for the Town of Reading. The Board has spent time examining many different regulations. The Board then directed Ruth Clay to draw up the regulations we are now proposing. I wish to make it clear that these regulations were drawn up at the direction of the Board. We have not been given "selective information." There are successful cessation education programs being conducted through the Health Department for those who choose to stop smoking. The latest class just completed has 8 of 10 smokefree. Enforcement of the law forbidding the selling of tobacco products to minors has been stepped up. Education of our young citizens to cut down on the number of future smokers is an ongoing project. The Board of Health also has an obligation to protect the non-smoking public from the hazards of cigarette smoke for all of the reasons previously stated. The restaurant owners are concerned with the possible impact these proposed regulations will have on their client base. The restaurants were all sent copies of the proposed regulations four weeks before the public hearing. The Board of Health invited all the restaurant owners to a 7 a.m. meeting at the Town Hall on February 1, 1995. This meeting was held early in the morning to accommodate the schedules of restaurant owners. We held a public hearing on this issue on February 16, 1995. We listened to all testimony from all in attendance and read all letters sent to us at Town Hall. We decided that evening to postpone the decision on this issue in order to have time to re-read and study all the information. Since that hearing, we have received many more phone calls and letters from persons concerned with this issue. Out of the 34 restaurants which will be affected by the proposed regulations we have heard repeated negative reactions from two. I feel that the silence from all the other 32 is deafening. I have listened and have spent a long time thinking and studying the issue. To have it state that taking to the Board of Health is like "Talking to a Wall" and that we are not listening is very unfair and does not reflect the time, effort and energy we have spent on this issue. As a member of the Board of Health, my function is to protect the public health of all of the citizens of the Town of Reading. I feel that the evidence is overwhelming that cigarette smoke is a health hazard and a threat to the public health.