1999-03-18City of Beverly, Massachusetts
Public Meeting Minutes
Board: Board of Health
Subcommittee:
Date: March 18, 1999
Place: Beverly Public Library, Program Room
Board members present: Dr. Frank Carbone, Jr., M.D, Peter Hersee, and Norman Spector
Board members absent:
Others present: William Burke, Director of Health, and Thomas Scully, Director of Community
Services, and Joseph A. Reale, Environmental Analyst.
Recorder: William Burke
The meeting was called to order at 7:30 a.m.
A motion was made by Mr. Spector to accept the minutes of the February 4, 1999 meeting;
seconded by Mr. Hersee.
Discussion of Draft Tobacco Control Regulations
Mr. Burke had provided Board members with examples of local environmental tobacco smoke
regulations from the Cleafin~ the Air, a resource manual on Environmental Tobacco Smoke for
Massachusetts, compiled by the Tobacco Control Resource Center, Mass. Association of Health
Boards and Municipal Tobacco Control Technical Assistance Program (MMA). The examples of
the draft regulations came from existing Massachusetts environmental tobacco smoke regulations,
ordinances and by-laws.
Members expressed support of a regulation that would include a complete ban in public places
including restaurants, work places and municipal buildings. Members felt a regulation covering
additional public places and the work place is necessary to protect the general public from
environmental tobacco smoke.
Mr. Burke was asked if he had any update with regard to Salem amending their regulation. Mr.
Burke replied that the health agent for the Board of Health informed him that two-three members'
positions were turning over and the subject would not be brought up for discussion until the new
members were appointed. Chairman Carbone stated that Beverly must move ahead with its
regulation.
Board members discussed and varied on opinion regarding the definition of "Workplace" which is
currently defined as "any enclosed area of a structure or portion thereof at which one (1) or more
employees perform services for their employer but not including the personal residence of the
employer." Members will continue discussion on this matter at the next meeting
Members agreed to provide a variance section in the regulation.
Mr. Spector requested that the purpose section of the regulation be replaced with language similar
to that of the town of Saugus' regulation. Members also request other minor language changes
which will be finalized at a later date. Board members discussed an effective date of the
regulations. A preliminary date of September 1, 2000 was discussed with a possible three month
extension on a case by case basis if there are extenuating circumstances.
The Board asked Mr. Burke to incorporate comments and discussions into a revised draft
regulation for the next meeting.
Members asked the audience if they had any questions. Ms. Pam McGrath, Director of the
Beve~y Chamber of Commerce, stated that regardless of what statistics may show, many people
perceive a ban as something that is going to hurt business. Mr. Scully proposed creating a
transition committee comprised of municipal officials, chamber members and tobacco coalition
employees to help with education and implementation of the regulation to minimize negative
impacts.
Discussion of Lifeguard Requirement at Semi-Public Pools
Mr. Burke stated to the Board the results of his telephone survey of other communities regarding
lifeguard requirements. The following communities were contacted:
Danvers, Peabody, Gloucester, Lynn & Swampscott. Many of the aforementioned communities
require lifeguards but exempt some residential settings.
The Board will maintain its policy of requiring lifeguards, however, pool operators who feel that
one may not be necessary may request an exclusion by applying to the office of the Board in
writing describing why such an exclusion should be granted. The department shall consider, pool
attendance, inspectional histories, percentages of minors residing at the property, etc. in making a
determination.
Preliminary FY 2000 Departmental Budget
Members were presented with a preliminary budget prepared by Mr. Burke and reviewed by Mr.
Scully. Members questioned an increase in total expenditures. Mr. Burke responded that a
majority of the increases were due to the reunion of the inspectional staff salaries and associated
expenses to the FY 2000 budget. Also, union raises and benefits contributed.
Members suggested a budgetary line item for expenses to sponsor the Health Fair. Mr. Burke to
add such line item.
Members supported the preliminary budget as long as the fiscal amounts could be adequately
justified.
Mr. Burke and Mr. Scully will continue to restructure/consolidate the budget to a more user
friendly and easily readable document. The revised budget will be presented to the Board at its
next meeting.
Director's Update
Mr. Burke provided the Board with reports from the Dental Clinic Coordinator and the Public
Health Nurse.
A tobacco compliance check of forty retail tobacco vendors was conducted in February. One
establishment, Gloria Foods, violated the Youth Access Tobacco Regulation. Violation notice is
to be sent.
The Department has scheduled a meeting to discuss licensing requirements for recreational camps
for children. All license holders are being strongly urged to attend. Mr. Howard Wensley,
Director of Community Sanitation for Mass. Dept. of Public Health will also be in attendance to
answer questions. The meeting is scheduled for Tuesday, May 4, 1999 at 10:00 a.m. in the
Beve~y Public Library.
A motion was made to adjoum at 9:00 a.m. Vote unanimous. The next meeting to be
announced.
Respectfully submitted
William T. Burke III, R.S., C.H.O.
Clerk/Director of Public Health