2000-11-16
City of Beverly, Massachusetts
Public Meeting Minutes
Board: Board of Health
Subcommittee:
Date: November 16, 2000
Place: Council on Aging, Conference 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 and Thomas Scully, Director of
Community Services.
Recorder: Judith A. Balboni
The meeting was called to order at 7:30 a.m.
The Board reviewed, approved and accepted the minutes of the October 16,2000 meeting.
Anchor Pub owner, Terese Savageau, is requesting to modify previous variance. Owners are
asking permission to permit smoking throughout the entire bar after 2 p.m. when it would also
stop serving full meals.
Board members question whether the ventilation system is adequate enough to be smoke-free for
the breakfast customers at 6:30 a.m. The Anchor Pub would have to agree to limit food service to
snack-type food after 2 p.m.
The Board asked Mr. Burke to check further as to the elimination of smoke by early morning
hours. Mr. Burke asked for written documentation from the HV AC professionals servicing the
establishment.
Cracker's owners, Paul Kelly and Pete Peabody are requesting changes in a previous variance.
They are seeing a big decline in food business after 9 p.m. and more of a bar crowd without
having enough space and therefore would like to stop serving meals and allow smoking in the
restaurant side after 9 p.m.
As with the Anchor, the Board asked Mr. Burke to check further and gave Mr. Burke the
authority to give temporary permission to both restaurants as long as they can show that their
ventilation! smoke-eaters will ensure restaurants will be smoke-free when meals start being served
the next day.
Chairman Carbone requests that a representative from the tobacco consortium come to our next
meeting. We need to have a list of what has been allowed and what compliance is expected.
Unannounced visits may be necessary to check the 'blackboard specials' and monitor somewhat
until they know what 'incidentals' are expected.
Mr. Burke presented to the Board the results of the tobacco compliance checks done last week.
Twenty-one Beverly stores sold cigarettes to a 17 year-old volunteer working with the North
Shore Tobacco Control Collaborative. Ten were repeat offenders, two were third time
offenders.
The Board and Mr. Burke agree we need to enforce the penalties that we have. In Beverly, any
store caught selling cigarettes to minors under eighteen receives a warning letter. A second
offense is $100 fine, a third time is $200 fine and a two-five day suspension oflicense to sell
tobacco. For a fourth offense the fine is $300 and a 30-to 60-day suspension oflicense to sell
tobacco.
First time offenders last week were: Cabot Liquor, 285 Cabot St.; Sunoco Service, 131 Brimbal
Ave.; No.Beverly Sunoco, 44 Enon St.; CVS, 65 Dodge St.; No. Beverly Food Mart, lA Dodge
St.; George's Texaco, 449 Cabot St.; Stop & Shop Supermarket, 224 Elliott St.; Pisani's Market,
122 Rantoul St.; Citgo Gas, 83 Bridge St.; and Citgo Gas, Rantoul St.; 7-11#32483, 11 West St.
Second time offenders were: Gibbs Oil, 295 Cabot St.; L'il Peach, 160 Essex St.; L'il Peach, 52
Cabot St.; Getty Gas, 491 Cabot St.; Shaw's Supermarket, 65 Dodge St.; Pump & Pantry, 44
Dodge St.; Walgreens, 54 Elliott St.; CVS, 446 Rantoul St.; Borah's, 175 Rantoul St.; and
Mutual Gas, 127 Bridge St.
Board member Mr. Spector suggested having the two 3rd time offenders come to the next meeting
for discussion of suspension. We should also check if selling during suspension.
Mr. Burke presented the Board with an update on Flu Clinic. The Annual Clinic will be held on
November 18, 2000 at the First Baptist Church. A makeup clinic will be scheduled for December
7, 2000 at 4:30-6p.m. at the Senior Center. We have received 1000 doses of vaccine and expect
the remaining 700 doses by December 1st.
Leo Panunzio has been helping the Health Dept. with the inspections of restaurants. Mr. Burke
and Mr. Reale expect that it will be quite hectic with the renewal time coming up and the
introduction of the new state food code. Also, other amendments to the Sanitary Code and
adoption of local regulations have strained inspectional compliance.
Mr. Burke informed the Board that he has been working with Mr. Scully and Mr. L'Italien
regarding the public health nurse position. Five candidates were interested and then narrowed
down to two. Interviews have taken place. Chairman Carbone thanked Mr. Burke and Mr. Scully
for interviewing the candidates.
The next scheduled meeting is December 12, 2000 at the Senior Center at 7:30 AM.
Meeting adjourned at 8:40 a.m.
Respectfully submitted,
~~~dL,~
fudith- Balboni