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2002-01-24City of Beverly, Massachusetts Public Meeting Minutes Board: Board of Health Subcommittee: Date: January 24, 2002 Place: Beverly Council on Aging, Arts & Crafts Room Board members present: Frank S. Carbone Jr., MD, Norman Spector and Peter Hersee. Board members absent: Others present : William Burke, Director of Public Health, Thomas Scully, Director of Community Services, Joseph Reale, Environmental Analyst and Pat Zingariello, Public Health Nurse. Also, Pat Goelhert, Tobacco Control Program Recorder: Judith Balboni Chairman Carbone called the meeting to order at 7:30 a.m. The Board reviewed and accepted the minutes of December 18, 2001. First on the agenda was Robert Panunzio from the Cabot Street YMCA requesting a second variance for location of thermostat at the Spa. The Sanitary Code requires that the thermostatic control be only accessible to the pool operator. The control is located at the spa and is accessible to patrons. Mr. Panunzio stated, if the control was relocated, the re-circulating jets would not ° work. It was also noted that the thermostat upper limit is 104 which corresponds to the maximum temperature allowed by code. A motion was made by Mr. Spector to grant the variance with the condition that a second thermometer be used to monitor temperatures and results to be maintained in a log. Seconded by Mr. Hersee, vote unanimous. The State Department of Public Health must also review variance request and may approve or deny. Derek Duffy, owner of The Pickled Onion, formerly Freddie’s, submitted a floor plan and requested a variance to allow smoking after 9 p.m. until closing. Chairman Carbone wants to review the regulation, while Mr. Spector questioned the ventilation. Mr. Duffy said he has two Smoke Eaters and he will be putting in new windows. He also has four ceiling fans. Mr. Burke requests ventilation system specifications. Motion made by Mr. Hersee to deny any new variances of the ETS Regulations. Seconded by Mr. Spector. Vote unanimous. Peter Flink for Griffin Engineering representing Mr. Tom Carnevale requests an amendment of 1977 Board of Health building restrictions at 200 Bridge Street, former municipal dumping ground. After reviewing the “Post-Closure Use Application” dated October 2001, prepared by Griffin Engineering Group, and consulting the Massachusetts Department of Environmental Protection (D.E.P.), the Board voted unanimously to amend its previously issued restrictions; specifically, not to require the excavated waste to be removed from the site and to reduce the waste removal distance from around any foundations from ten feet to three feet. The amended restrictions were issued with the condition that development activities strictly conform with the “Post-Closure Use Application,” D.E.P. regulations and guidelines, and that the engineering firm oversee said activities and provide written documentation to the Board that all site work and development has been done in accordance with D.E.P. approved Post-Closure Use Plan. Next on the agenda, was a review of Food Establishment Environmental Tobacco Smoke Compliance Check Report. The Board was disgusted with results of recent checks. Six out of thirteen restaurants checked were in violation of the Board’s smoking regulations in a sting conducted last month by Coastal North Shore Boards of Health Tobacco Control Collaborative. Chairman Carbone spoke with disappointment and anger. Several restaurants had been granted variances from regulations to allow smoking at certain times and with some stipulations. It seems now that they are taking advantage of board’s leniency. Plans will begin for discussing a 100% smoke-free restaurant ban. The Board wants to meet with boards of surrounding communities to discuss a regional effort. Mr. Burke will set meeting with Salem Board. Pat Goelhert from tobacco program told the Board, fourteen other communities including Boston and Cambridge have already joined, to pursue a ban on regional basis by locally adopting the Cahill Bill. Mr. Burke had several updates for the Board. The Health Department received first installment of Delta Dental Grant for $8,500.00. Premiere Award-received 2001 Applicants Merit Certificate. th Department will sponsor an essay contest for 4 graders in February, in recognition of Dental Health Month, theme “How can I have great dental health for a lifetime?” Mr. Burke and Diane Kurkjian have been working on licensing Beverly’s first Body Art Establishment and Practitioners. Mr. Burke and Pat Zingariello met with Elise Bernstein, member of one of the study groups established by Mayor Crean. An overview of departmental operations and responsibilities was discussed. Ms. Zingariello has applied for a mini grant through CHNA. Ms. Zingariello has completed all senior HMO billing. To date, $700.00 has been received from Secure Horizons and $700.00 anticipated from other HMO’s not including Medicare. The next scheduled meeting is February 14, 2002. Meeting was adjourned at 8:25 a.m. Respectfully submitted, Judith Balboni .