1972-11-02City of Beverly, Massachusetts
Public Meeting Minutes
Board: Board of Health
Subcommittee:
Date: November 2, 1972
Place: Health Dept. 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., Director of Public Health, Thomas Bussone II, Assistant City
Solicitor, Mayor Herbert F. Grimes, Edgar Mitchell, Public Works Commissioner, Leo Panunzio,
Milk and Food Inspector, and Richard Montoni, Code Enforcement Inspector
Recorder: Joseph W. Walsh, Jr.
BOARD OF HEALTH - MONTHLY MEETING - NOVEMBER 2. 1972
Meeting eatled to order at 6:00 p.m. Members present: Dr. J. H. Fine, Angelo R. Massa and A.
Joseph Callahan, Jr.
Also attending were Joseph W. Walsh, Jr., Director; Thomas Bussone, Assistant City Solicitor;
Mayor Herbert F. Grimes; and Edgar Mitchell, Public Works Commissioner; Richard Montoni, Code
Enforcement Inspector; Paul Hayworth, Beverly Times Reporter.
The minutes of the October 10, 1972 meeting were accepted as mailed. The monthly bill schedules
were signed and the monthly reports of the serious staff members were read.
The Board of Health requested more detailed information regarding monthly reports of the staff
members. The reports, as they are presently being submitted, are incomplete.
OLD BUSINESS
Sanitarian' s Examination
The Director explained to the Board that he had received from Civil Service a notice that an open
competitive examination has been ordered for the position of Sanitarians within the department and
that arrangements are being made to hold this examination at an early date. The Board accepted this
report as informational.
Combined Collection of Garbage and Rubbish
Mayor Herbert F. Grimes and Edgar Mitchell, Public Works Commissioner, met with the Board to
finalize plans for the combination of garbage and rubbish into a single municipal collection by the
Public Works Department. Mayor Grimes discussed the following three (3) areas that had to be
cleared up in the next month:
The first: delivery of an additional packer truck to the PWD; the second being two (2) laborers to be
assigned to the rubbish collection driver of the PWD; and the third, the acquisition of a compactor
to be used exclusively at the municipal landfill.
The Public Works Commissioner discussed the sanitary landfill operation and how it has improved
during the past six months. He also explained the pollution ejection station to divert leachate from
the dump and pipe it to the municipal sewer located on Brimbal Avenue which will be installed next
spring.
The Director showed the Board of Health his proposed release for the local papers and an
advertisement to announce the new program. The Director told the Board of Health that Paul
Hayworth, Editor of the Beverly Times had assisted him in preparing the news release and pamphlet.
The Board accepted this report as one of progress.
138 Livingstone Avenue
Mr. Thomas Bussone II, Assistant City Solicitor, explained to the Board that Mr. James A. Dooling
III had been given another 30 days continuance by the District Court. The Assistant City Solicitor told
the Board that a conference had taken place between counsel for Mr. James A. Dooling and himself
and that the Doolings wanted, because of financial problems, a six month continuance and permission
for Mr. James A. Dooling, Jr. (Father of James A. Dooling III) to live in the house for the six month
period to help curb vandalism.
The Board of Health, on the recommendation of Mr. Thomas Bussone II, approved the Dooling's
request and set a deadline of May 15, 1973 for compliance with the stipulation, if possible, that the
caretaker use a chemical toilet.
Director to submit a report of the November 30, 1972 court hearing at the December meeting.
Plumbing Inspector Transfer Request
The Director presented to the Board the following memorandum from Thomas Bussone, Assistant
City Solicitor:
October 26, 1972
Board of Health
City Hall
Beverly, MA 01915
MEMORANDUM RE: PLUMBING INSPECTION
The question is being asked as to whether or not the plumbing inspector can be transferred from the
Board of Health to the Building Inspector's Office.
Though it is the opinion of the Law Department of the City of Beverly that such a transfer is possible,
there are steps that must be taken in order to effectuate the transfer.
First, the position of Plumbing Inspector is a classified Civil Service position. Therefore, it is essential
that permission to transfer be given by Civil Service to the Board of Health. In all likelihood,
permission will be granted if, and only if, all parties concerned agree to the transfer. The parties in
question are the Board of Health, the Plumbing Inspector, and the Building Inspector. All three
parties would have to sign the transfer request that will be sent to Civil Service for its permission.
Section 10-5 of the Beverly Revised Ordinance reads as follows:
"The Board of Health shall appoint one or more inspectors of plumbing who shall devote their entire
time to the duties of the office. The Board of Health may fix their compensation, but the mount of
such compensation shall not exceed the mount appropriated therefore by he Board of Aldermen".
Thus the power of appointing a plumbing inspector is vested in the Board of Health by ordinance.
Therefore, if Civil Service approves the transfer, an ordinance change will be required to change the
appointing authority from the Board to the Building Inspector. This a logical step if in fact the
transfer is going to be made. Otherwise, the Board of Health would be appointing someone to work
in the Building Inspector's office.
Further, it is my understanding that the City of Beverly's Plumbing Inspector does part-time work for
the Board of Health as a sanitary inspector. Also, it is my understanding that the City now has a full
time sanitarian. If the transfer is completed, a decision should made as to whether or not this part time
job should be continued. First of all, there is a question as to whether or not an employee of the City
can be paid by more than one department simultaneously. Secondly, by maintaining both job
descriptions, it could cause a conflict between duties of the inspector and the time allowed to each
department. In essence, the inspector would have two bosses.
Finally, the Board of Health should make the determination that the transfer is necessary for the good
of the City and the betterment of both departments. A transfer for the sake of a transfer could set a
precedent that could prove to be detrimental in the future.
Respectfully submitted,
LAW DEPARTMENT
By: (signed) Thomas Bussone, II"
After discussing the solicitor's memorandum, the Beverly Board of Health and with the best intents
of the City of Beverly in mind, on a motion made and seconded voted unanimously to deny Mr.
Robert Russo's request to be transferred to the Building Department.
The Board of Health commended Mr. Thomas Bussone II for his diligent work in researching the
State laws and local ordinances before rendering his opinion.
EXECUTIVE SESSION
Employee Tardiness
The Director presented to the Board of Health the following letter sent to Mr. Richard Montoni,
Code Enforcement Inspector:
October 20, 1972
Mr. Richard Montoni
City Hall
Beverly, Mass.
Dear Mr. Montoni:
This is to inform you that as the Director of Public Health, I have noted that you have been in
violation of rule 14 of the Department to wit:
4. Office Hours
CODE ENFORCEMENT INSPECTORS
Monday, Tuesday, Wednesday, 8:30 - 9:00 a.m., 1:00 - 1:30 p.m., 4:00 - 4:30 p.m.
Thursday, 8:30 - 9:00 a.m., 1:00 - 1:30 p.m., 6:00 - 7:30 p.m.
Friday 8:30 - 9:00 a.m., 12:30 - 1:00 p.m.
All Board of Health employees including clerical, nursing and inspectors shall abide by their office
hours unless their appointments timetable does not permit them to return, and they shall call the office
during their scheduled office hours, to ascertain whether there are any additional calls for inspection
or complaints for them to investigate.
It is my intention to report this to the Board of Health at their meeting of November 2, 1972.
Therefore, I request your presence at that meeting so that you may explain your position to them.
Very truly yours,
(signed) Joseph W. Walsh, Jr.
Director"
The Board of Health after discussing the letter with Mr. Richard Montoni decided that there was no
need for disciplinary action at this time.
End of Executive Session
Land Swap for Municipal Dump
The Board of Health discussed with the Commissioner of Public Works the proposed land swapping
by the City of Beverly and the YMCA.
The Board discussed the proposal with the Commissioner and told him that before the land could be
used by the City for an extension of the existing dumping area it had to be approved by the Board of
Health.
Meeting adjourned at 8:00 p.m.
Respectfully submitted,
Joseph W. Walsh, Jr.
Director