1971-09-02City of Beverly, Massachusetts
Public Meeting Minutes
Board: Board of Health
Subcommittee:
Date: September 2, 1971
Place: Health Department Office
Board members present: Dr. Jacob H. Fine, chair, A. Joseph Callahan, Jr., and Angelo R. Massa
Board members absent:
Others present: Joseph W. Walsh, Jr., Acting Director of Public Health, Richard Montoni, Code
Enforcement Officer, Leo Panunzio, Milk and Food Inspector, and Robert Russo, Plumbing
Inspector
Recorder: Joseph W. Walsh, Jr.
BOARD OF HEALTH - MONTHLY MEET1NG - SEPTEMBER 2, 197l
Meeting called to order at 6:30 p.m. Members present were Dr. J. H. Fine, Chairman; Angelo R.
Massa and A. J. Callahan, Jr., Members.
Also attending were Joseph W. Walsh, Jr., Acting Director; Leo L. Panunzio, Milk and Food
Inspector; Robert Russo, Plumbing Inspector; Alfred J. Semple, Code Enforcement Inspector; and
Anthony Pearson of the Beverly Times.
The minutes of the August 5, 1971 meeting were accepted as mailed. The monthly reports of the
various staff members were read and the bill schedules were signed.
Mayor Herbert F. Grimes requested that the agenda be suspended so that he might discuss with the
Board the incorporation of the rubbish and garbage into a single collection with the ultimate disposal
being the municipal landfill.
Mayor Grimes referred to his meeting with the Board of Health on March 2, 1970 and reminded
them that he had requested at that time that a test district be set aside to check the feasibility of the
combining of rubbish into one collection. He further explained that with the new ( 1971 ) State Laws
regarding sanitary landfill operations now being enforced that the Beverly Dump was now in the
process of being converted into a properly run landfill. At this point, Mayor Grimes requested that
the Board study and evaluate his request before it was time to advertise for Garbage Collection Bids
in early 1972.
The Board of Health recognizing the complexity of the Mayor's request then suggested that a special
meeting be held on September 9, 1971 at 7:00 p.m. in the Mayor's Office to discuss in detail the pros
and cons of combining the collection of rubbish and garbage.
The Board of Health tabled any further discussion until September 9, 1971.
At this point in the meeting, Dr. Jacob H. Fine, Chairman, requested that the agenda again be
suspended so that he might discuss the Board's position regarding the recent directive from the Board
of Health to its staff members relative to the issuance of news releases or Health Department files
to the general public or news media.
Dr. Fine stated that all staff members had the right to identify themselves and speak for themselves
as individuals, but that they could not speak for the Beverly Board of Health without prior
knowledge and consent of the Board. They were not allowed to release department records or files
because it was the Board of Health's responsibility to protect all parties involved in the dispensing
of records.
Finally, the Board stated that all actions of the Beverly Board of Health were entered into the
minutes of the meeting and, therefore, public record for anybody who wanted to read them.
OLD BUSINESS
294 Elliott Street (See minutes July 1, 1971)
Mr. Leo L. panunzio, Milk and Food Inspector, reported to the Board that Edward Kiley of 55
Aberdeen Avenue, Peabody, Massachusetts has requested that they re-consider their vote of July 1,
1971 and allow him to manufacture fudge for his retail establishment located at 294 Elliott Street,
Beverly, Massachusetts.
Mr. Panunzio stated that Mr. Kiley had renovated the establishment and was planning more
renovations: e.g. floor, two component sinks, show case, etc., if granted a permit to manufacture
fudge.
Mr. Robert Russo, Plumbing Inspector, stated that the present bathroom was allowable and approved
by him.
Mr. Kiley explained the operation to the Board and that it would be a one-man shop, therefore, with
this in mind the Beverly Board of Health with Dr. Jacob H. Fine, because of his absence during the
original vote of July 1, 1971 abstaining, voted unanimously to rescind their vote of July 1, 1971.
Then, on a motion made and seconded voted unanimously to grant Mr. Edward Kiley a license to
manufacture fudge. The following restrictions are to be added to the license:
1. Restricted to a one person operation;
2. Restricted to one item - fudge manufacturing;
3. Mr. Kiley is not to employ any help to dispense his product.
This license will not take effect until all the above-mentioned renovations are completed to the
satisfaction of the Milk and Food Inspector.
Cabot Restaurant
Mr. Leo L. panunzio, Milk and Food Inspector, reported to the Board that Mr. Theodore Grevelis,
owner of the Cabot Restaurant, had not made any progress during the past month regarding the
correction of the numerous violations of Article X of the Sanitary Code listed by Mr. Panunzio.
After a brief discussion the Board of Health on a motion made and seconded, voted unanimously to
notify Mr. Theodore Grevelis that the operation of the Cabot Restaurant shall be suspended in seven
(7) days if the necessary renovations, requested August 5, 1971 are not made by him. These
renovations and corrections must be done to the satisfaction the Milk and Food Inspector.
Also, this notice shall inform the owner of his right to appeal the Board of Health's decision.
A & P Store, 11 West Street
The Board of Health discussed with the Milk and Food Inspector the pending closure of this store
by the A & P Company. After a brief discussion the Board told the Milk and Food Inspector that if
the store did not show evidence of closing by September 7 or 8, 1971 that he should follow-up his
visit with a letter asking the A & P Company to inform the Board of Health the exact date of closure.
The Board then tabled any further action until the next regular Board meeting
138 Livingstone Avenue
Mr. Robert Russo, Plumbing Inspector, reported to the Board that no attempt had been made by Mr.
James A. Dooling III to correct the discharge of effluent from a septic tank located on his property
into the Bass River.
The Board referred back to the minutes of March 4, 1971 Board of Health Meeting when they voted
to give Mr. James A. Dooling III owner of 138 Livingstone Avenue, ninety (90) days to correct his
problem by connecting to the municipal sewer.
After a brief discussion, the Beverly Board of Health instructed the Acting Director to send to Mr.
James A. Dooling III a cease and desist order to remain in effect until he has corrected the problem
to the satisfaction of the Beverly Board of Health.
Mr. Walsh to seek the advice of the City Solicitor as to the proper wording of the order. A progress
report to be submitted to the Board at its next monthly meeting.
Drug Appropriation
Project RAP sent to the Board of Health for payment a bill for services rendered to Beverly residents
for the period from January 4, 1971 to July 29, 1971 of $1,061.00.
The Board of Health signed the bill payment schedules and will forward it to Miss Patricia DonIon
the City Auditor for her approval.
RAP also submitted a copy of their agreement with the City of Beverly regarding the payment of
bills incurred while providing this service to the Beverly residents.
The Board of Health instructed Mr. Walsh, Acting Director, to discuss the contract with the City
Solicitor as to the wording of the contract and to request for the office files a signed copy of said
agreement.
NEW BUSINESS
North Shore Music Theatre
Mr. Leo L. Panunzio, Milk and Food Inspector, submitted the following letter to the Board of Health:
"The end of the season for the Noah Shore Music Theatre is coming to a close and the subject of
toilet facilities for the employees and patrons of the establishment is still with us.
Although toilet facilities for the employees and patrons are present, they are some distance from the
restaurant itself. This year sewage facilities, piping, etc., were installed for the School of Visual Arts.
We should consider, at this point, toilet facilities for the use of the restaurant employees, in as much
as piping for future use has been installed.
Mr. Russo can inform the Board as to the sewerage and plumbing recommendations.
(signed) Leo L. Panunzio
Milk and Food Inspector
The Board of Health discussed in detail Mr. Panunzio's letter and instructed Mr. Joseph W. Walsh,
Jr., Acting Director, to send a letter informing the North Shore Music Theatre that they will not be
issued a food service permit to operate the Terrace Restaurant until they provide the necessary toilet
facilities for both the employees and the patrons. The letter to state further that they shall provide
additional toilet facilities for their year round employees, who do not have facilities available in the
winter months.
Municipal Employees' Flu Clinic
The Acting Director informed the Board that plans were being formulated to hold the annual Flu
Clinic the last week of September.
The Board accepted the report as one of progress.
New Born Baby Survey
Mr. Joseph W. Walsh, Jr., Acting Director, informed the Board that Beverly was once again going
to participate in the new born baby survey which is jointly sponsored by the United States Public
Health Service and the Massachusetts Department of Public Health. The Acting Director told the
Board that Beverly's quota was forty (40) children and that the City would be reimbursed $5.00 for
each visit by the program sponsors.
The Board accepted this report as one of progress.
Change of Occupancy Regulation
Mr. Joseph W. Walsh, Jr., Acting Director, informed the Board of Health that the change of
occupancy regulation was now in effect and he would submit monthly progress reports to the Board
regarding the effectiveness of the regulation.
The Board accepted this report as one of progress.
Meeting adjourned at 8:30 p.m.
Respectfully submitted,
Joseph W. Walsh, Jr.
Acting Director of Public Health