HomeMy WebLinkAboutBrd of Health 11/02/2000
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RECEIVED
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2. Consent Agenda
Motion: To approve the consent agenda (Giangarra-Martin) All in favor. PASSES
3. Communications
1. October 26, 2000 memo from Board of Selectmen re: water connection policy
on November 16, 2000
2. Services Rendered report from Healthcare Options
3. Highlights and amendments to Quarterly Chairman's meeting on October 5
4. September 2000 Tobacco Control Act report
5. Memo re: postponement of public flu clinic
6. Letters of support on the prohibition of smoking in restaurants
4. Health Agent's Report
1. 171 Ware Street - Troy. Mr. Leite explained the case would likely be
dismissed, pending Mrs. Troy's attorney's discussions with the board's attorney.
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2. 60 Pine Street - DEP has conducted a hearing on the illegal septic system
repair. The inspector admitted he had told the homeowner the system would fail,
the homeowner requested the inspection not continue, but later called the
inspector and requested he complete the inspection. The inspector said he viewed
the trench but passed the work knowing it was an illegal repair. The DEP board
will decide whether the inspector's license will be revoked. Attorney Hannon
will then decide whether to press charges against the inspector.
3. 180 Otis Street - The septic system was installed partially on town property,
and the owner will petition Town Meeting to abandon that portion of Otis Street
rather than relocate the system to the front yard. In that location, the system
would be less than 50 feet from the wetland.
4. Hercules Dump Site - The town is going forward with remediation of the site,
and hopes to have the owner share the expense. An abutter has petitioned the
CDC for an assessment, believing neighboring children have been harmed by
pollution in the site. Mr. Leite said the assessment could take a year, but he has
no reason to believe any health problems have been caused.
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5. Registered Land Surveyor Policy - Mr. Leite said the best way to go about it
would be to apply more stringent regulations to as-built plans. While the installer
is responsible for the system being on the right part of the property, more
stringent regulations on the as-builts would help.
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6. Household Hazardous Waste Collection - Town Meeting voted to fund the
collection, which will be scheduled for April.
7. Flu Vaccines - The serum is not as available as had been hoped. A clinic was
held at the Council on Aging, but only 40 percent of those who attended received
shots. The next two clinics have been cancelled.
5. Old Business
Dr. Martin asked about the Hercules site. Mr. Leite explained the Fire
Department had done a study in t 997 and again in 1999 which found seizures to
be equally spread around town. There was no pattemof seizures either on Stearns
A venue or in the north end of town, where the factory was located.
6. New Business
There was no new business
Motion: To adjourn until 7:30 p.m. (Giangarra-Martin) All in favor. PASSES
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7. Public Hearing - Regulations Affecting Smoking and the Sale, Vending
and Distribution of Tobacco
Karen Doucette, Director of the Norton Easton Mansfield Sharon Tobacco
Control Program, explained why the Board of Health feels it is important to
establish prohibitions to protect and improve the public health.
Ms. Doucette described the proposed changes to the regulations.
A new first paragraph to the Rationale will read: "Whereas conclusive evidence
exists that tobacco smoke causes cancer, respiratory and cardiac diseases, negative
birth outcomes, irritations to the eyes, nose, and throat. .. "
The definition of "bar" has been changed from an "area" to a "business primarily
dedicated to the sale of alcoholic beverages..."
A definition of "private club" has been added.
The definition of "non-smoking" area has been amended to read "an area that is
fully enclosed... " in order to make an adjacent restaurant a truly smoke-free
environment.
Article 3, Section I, Restaurant (A) has been amended to prohibit all smoking in
restaurants.
Article 3, Section 1 (B) has been amended to post a "No Smoking" sign.
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Section 3, Retail Stores, has been amended to add that no one under 18 years be
allowed into a bar and that a "This establishment is not tobacco smoke free" sign
be posted.
Article 8, Penalties/Enforcement has been amended to describe the penalties for
non-criminal disposition violations.
Public Comment
In Favor:
Mary Hourigan, 475 Chauncy Street, a facilitator of smoking cessation
workshops, said 30 percent of young people smoke, and she does not think the
prevention materials are working. She said 25 percent of adults still smoke, and
their children are twice as likely to start smoking than children of non-smokers.
Sheila Miller, 179 Central Street, was health educator for the Tobacco Control
Program and is public health nurse in Sharon. She said as a consumer, she goes to
smoke-free restaurants, adding that all of Sharon's restaurants are smoke-free.
Lisa Doran, a tobacco outrage specialist with the organization Citizens Against
Nicotine, said this is not about taking smokers' rights away, but about helping
public health, especially restaurant workers. She cited several articles saying
there is no economic detriment to restaurants going smoke-free.
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Ms. Doucette explained that the City of Attleboro prohibits smoking in any
establishment serving children.
Charlotte Scazzafava, 20 Lancelot Lane said non-smokers should not have to be
exposed to smoke, which studies have shown causes a number of health problems.
William Sarro, owner of Fresh Catch restaurant, said he suffered a heart attack
caused by smoking. His restaurant is smoke-free and it has not hurt his business
at all. He added that all restaurants should be smoke-free with no exceptions.
Ms. Doucette said she was in favor of 100 percent smoke free restaurants and
bars, but the regulations as presented were a compromise.
Dr. Martin asked about the policies in surrounding towns. Ms. Doucette
explained Sharon is 100 percent smoke-free. Foxboro and Plainville are smoke-
free unless there is an independently vented room for smoking, which she said
would be a financial hardship for business owners. She is currently working with
Norton and Easton on their smoking policies. She explained that more towns
closer to Boston are smoke-free, and 90% of the Cape is smoke-free.
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May Clobum, American Cancer Society, said there is no safe level of exposure to
second-hand smoke, and restaurant employees are up to two times more likely to
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develop lung cancer. She said even a dedicated ventilation system cannot remove
all the second-hand smoke.
Opposed
Dan Donovan, 97 Court Street and Board of Selectmen member, was concerned
that people would go out of town to eat in smoking restaurants.
Carla Foley, owner of LaDonna Restaurant, said her business has a "Not Smoke
Free" sign on the door, so her customers are aware. She was concerned about
competition from restaurants in towns allowing smoking, saying that if her sales
go down, her expenses do not. During the week, her restaurant has a smoking
section, but is smoke-free on the weekends.
Sonny Tang, Cheng Du restaurant; said his dining room is smoke-free, but
customers smoke in the adjacent bar. He said it would be an economic hardship to
enclose the bar, and was concerned that customers will go to other towns. He said
any prohibition on smoking should be state-wide or not at all.
George Dentino, Gladiola Terrace, said restaurant owners would be impacted by
this proposal.
With no further input, Mr. Giangarra closed the public hearing.
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Dr. Martin suggested the board continue the discussion at a later meeting. Ms.
Madan agreed, saying the amendments may need to be modified.
8. Adjournment
Motion: To adjourn at 8:10 p.m. (Martin-Madan) All in favor. PASSES
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Signature of Clerk /
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Date of Approval
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