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1972-07-06City of Beverly, Massachusetts Public Meeting Minutes Board: Board of Health Subcommittee: Date: July 6, 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, and Robert Russo, Plumbing Inspector Recorder: Joseph W. Walsh, Jr. BOARD OF HEALTH - MONTHLY MEETING - JULY 6, 1972 Meeting called to order at 6:10 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., Director; Robert Russo, Plumbing and Sanitary Inspector; Mr.; and Mr. David Amory, Beverly Times Reporter. The minutes of the June 8, 1972 meeting were accepted as mailed. The monthly reports of the various staff members were read and the monthly bill schedules were signed. OLD BUSINESS Horse Permit (See minutes June 1972) After an on-site inspection of the Bolton property located at 222 Dodge Street, Beverly, Massachusetts on Saturday, June 10, 1972 and discussion of the application and petition sent to the Board of Health, the Beverly Board of Health on a motion duly made and seconded voted unanimously to grant their request to stable one (1) horse at 222 Dodge Street, Beverly, Massachusetts. Change of Occupancy Program Calls from Gas Company Permits issued Temporary permits issued Permits refused 162 37 0 1 Permits refused (held over) Referrals 12 0 Issued: A. Ventresca: 27; A. Semple: 7; E. Curelli: 3 other enmmercial, single family and miscellaneous not covered 124 Plumbing and Sanitary Inspector Mr. Robert Russo, Plumbing and Sanitary Inspector submitted the following letter requesting a transfer from the Health Department to the Building Department to the Board of Health: "July 6, 1972 This letter, over my signature, as per your request at the June meeting of the Board of Health relative to my transfer from this department (Health Department), will serve as my written request for such a transfer. I desire to transfer the plumbing department, including all files, budget monies, telephone #922-0760 and clerk, Mrs. Dwyer, to Building Department. Whereas Mrs. Dwyer was hired for the purpose of doing the paper work, taking phone calls, collecting plumbing fees and general office duties for the Plumbing Inspector, it is imperative that she move with the Plumbing Department. Very truly yours, (signed) Robert Russo Plumbing Inspector" Mr. Robert Russo, Plumbing and Sanitary Inspector also submitted the following letter from Mr. John T. Whitaker, Building Inspector, stating that he would accept the transfer of Mr. Russo to his department. July 6,1972 "Please be informed that I, as Inspector of Buildings, would be willing to accept the transfer of the Plumbing Inspector to this department. Yours very truly, (signed) John T. Whitaker Inspector of Buildings" The Board of Health took under advisement for the purpose of further legal study Mr. Russo's request. The Board instructed Mr. Thomas Bussone, Assistant City Solicitor to report his legal opinion to the Board as soon as possible. The Board of Health decided to study separately Mr. Russo's quest of transferring the present Health Department telephone number and the transfer of Mrs. Mary A. Dwyer, Principal Clerk, to the Building Department. The Director and Assistant City Solicitor were instructed to submit their reports to the Board at the August meeting. Employee Rules and Regulations The Board of Health reviewed the proposed departmental Rules and regulations as submitted by the Director and Assistant City Solicitor after discussing these departmental Rules and Regulations. On a motion duly made and seconded, the Board voted unanimously to adopt, effective July 10, 1972, the following Employee Rules and regulations The following is an outline of procedure established and approved by he Beverly Board of Health on July 10, 1972 and to become effective immediately. All Health Department employees are required to abide by the following subsections: 1. Attendance at Board of Health Meetings All Board of Health meetings are open to the general public, however, quests to be on the Board of Health meeting agenda by employees shall be made in writing to the Director the day before the scheduled meeting stating in writing the reasons for wanting to participate at said meeting. In an emergency situation, the request may be made to the Director at anytime prior to the meeting, either verbally or in written form, stating the reason why the emergency situation requires an addition to the agenda. All employees shall, when requested by the Board of Health, be required to attend said meeting(s) of the Board. 2. Reports to the Board All written reports or other written notices which are to be submitted by individual employee to the Board of Health shall be presented to the Director the day before the scheduled meeting. All staff members shall be required to sumbit to the Director the day before a scheduled Board meeting a detailed in-depth written report of their monthly activities. This report shall include detailed dally reports which can be summarized on the monthly report. These reports should include, but not be limited to: place of inspection, date, time, disposition, etc. All employees shall be held responsible for the factual content of their weekly and monthly reports, as submitted to the Board of Health. 3. Annual Reports and Departmental Records All staff members, except clerical personnel, are required to submit their respective annual report of their activities for the preceding year in writing to the Director by February 1st of the following year. All staff members submitting annual reports shall be held responsible for the factual content of their annual report as submitted to the Board of Health. No employee of the Health Department shall disseminate any information or records regarding departmental matters, either verbally or in written form, for release or publication, until such information and/records have been approved by the Director and/or Board of Health for release. All records, inspection reports, miscellaneous notices, etc. shall be filed in the Health Department Office and shall be available at all times to the Director and/or members of the Beverly Board of Health for their examination. 4. Office Hours DIRECTOR OF PUBLIC HEALTH Monday, Tuesday, Wednesday 8:30 a.m - 4:30 p.m. Thursday 8:30 a. m. - 7:30 p.m. Friday 8:30 a. m. - 1:00 p.m. SANITARIAN Monday, Tuesday, Wednesday 8:30 - 9:34 a. m., 1:00 - 2:00 p.m., 4:00 - 4:30 p.m., Thursday 8:30 - 9:30 a.m, 1:00 - 2:00 p.m., 6:00 - 7:30 p.m., Friday 8:30 -9:30 a.m., 12:30 - 1:00 p.m. MILK & FOOD INSPECTOR 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. PLUMBING INSPECTOR Monday, Tuesday, Wednesday 8:30 - 10:00 a.m., 1:00 - 1:30 p.m., 4:00 - 4:30 Thursday 8:30 - 10:40 a. m.,1:00 - 1:30 p.m., 6:00 - 7:30 p.m., Friday 8:30 - 10:00 a.m., 12:30 -1:00 p.m. CODE ENFORCEMENT INSPECTORS Monday, Tuesday, Wednesday 8:30 - 9:40 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. PUBLIC HEALTH NURSES AND CLERICAL STAFF Monday, Tuesday, Wednesday 8:30 a.m. - 4:30 p.m., Thursday 8:30 a.m. - 7:30 p.m., Friday 8:30 a. m - 1:00 p.m. DENTAL CLINIC Monday, Tuesday, Wednesday, Thursday, Friday 8:30 a.m. - 2:15 p.m. during the school year. 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, then 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. 5. Annual Vacation Employees including clerical, nursing, and inspectors shall submit to the Director in writing, before May 1st of each year, the tentative dates of their annual vacation. In case of duplication of vacation dates, the employee having seniority in the job classification shall have, when possible, the vacation preference. 6. Sick Leave All staff members to be entitled to sick leave without loss of pay shall notify the Director of his absence and the cause thereof before expiration of the first hour of said absence. 7. Personal Time All employees to be entitled to personal time off without loss of pay shall notify the Director in writing forty-eight (48) hours in advance of the requested day(s) off, unless an emergency situation exists, then the employee shall contact the Director as soon as possible. 8. Staff Expenses Incurred All employees of the Board of Health requesting re-imbursement for attending any professional meeting, seminar, or school during normal working hours and within the scope of the Board of Health's Annual budget shall submit in writing to the Director twenty-four hours in advance of the professional meeting, seminar, or school's date their request to attend said professional meeting, seminar, or school. All other miscellaneous expenses to be incurred by any staff member shall be approved by the Director in advance of said expenditure. 9. Director's Absence During the absence of the Director because of illness, vacation, or other days off, the Sanitarian or other employee as designated by the Board of Health shall assume the responsibilities and duties the of Director and perform said duties until the retum of the Director, unless otherwise specified by the Board of Health. 10. Discipline Any breach of these rules and regulations will constitute sufficient grounds for disciplinary action by the Board of Health. 11. Partial Invaliditv If any paragraph, sentence, clause, phrase, or word of these departmental rules and regulations shall be declared invalid for any mason whatsoever, that decision shall not affect any other portion these rules and regulations which shall remain in full force and effect and to this end the provisions of these rules and regulations are hereby declared severable. 12. Saving Clause Notwithstanding the provisions that may be in conflict with the Massachusetts General Laws, the Revised Ordinances of the City of Beverly, the Charter of the City of Beverly, and City Hall Associates Contract, rules and regulations will be binding upon all parties concerned. A true copy attested, (signed) Jacob H. Fine, M.D., Chairman Angelo R. Massa, Member Augustine J. Callahan, Jr., Member" Bathing Beach Water Sampling Program The Director reported that the water sampling program has revealed the results were beneath the standards allowed for bathing beach water by the Massachusetts Department of Public Health. He further reported that the water sampling of the streams as they exit from the municipal landfill operation are also beneath the same standards. The Board accepted this report as one of progress. NEW BUSINESS Premature Baby Request The Director submitted a request for payment of hospital bills for a premature baby born to Mr. & Mrs. Stephen Oakes of 21 r Beckford Street, Beverly, Massachusetts. The Board of Health after reviewing the Massachusetts General Laws pertaining to payment of bills for hospital care of infants prematurely born, instructed the Director to refer the application to the Massachusetts Welfare Department. Board tabled any further action on this request. School Dentist Mr. Joseph W. Walsh, Jr., Director, informed the Board of Health that an eligibility list for the part-time position of school dentist has been sent to the Health Department by Civil Service, and one dentist, Dr. Richard S. Helman, 2 Scribner Road, West Peabody, Massachusetts, had indicated that he would accept the part-time position. The Board of Health after discussion of the Dental Clinic structure and its general staff instructed the Director to contact Civil Service and determine whether we are required to appoint a dentist from the list and/or can we abolish the civil service requirement to work as a part-time dentist. The Board tabled further action until the August meeting. Adoption of Plastic Plumbing. Pipes for Multi-family Houses The Board of Health was mailed the following letter from the Massachusetts Department of Community Affairs and State Examiner of Plumbers. June 16, 1972 The Honorable Herbert F. Grimes Mayor of the City of Beverly 191 Cabot Street Beverly, Massachusetts 01915 Dear Mr. Mayor: This Office serves in a liaison capacity between State and Federal agencies, and as such has been involved with those workable program requirements affecting building codes. You have been advised recently by the HUD Area Office that unless the State Plumbing Code meets with their requirements that no workable programs will be certified or re-certified. We have had many deliberations with the State Board of Examiners of Plumbers and HUD officials regarding this problem. It is my recommendation and that Board is in agreement (reference attached letter) that the most expeditious remedy is for the cities and towns so affected petition the Board (reference attached draft) for variances. All such petitions, which will be honored by the Board must be received as soon as possible, but not later than June 30, 1972. If it should prove impossible for Board of Health members to meet to this date, please notify this office immediately when this action will take place, so that we can notify the appropriate individuals accordingly. Sincerely yours, (signed) Charles J. Dinezio, Coordinator Office of Code Development June 15, 1972 Charles J. Dinezio, Coordinator Office of Code Development Department of Community Affairs 141 Milk Street- 5th floor Boston, Massachusetts 02109 Dear Mr. Dinezio: In response to your letter of June 14, 1972 pertaining to those local cities and towns mentioned in your letter, who will lose federal fund because of questions raised by HUD relative to the Massachusetts State Plumbing Code, it would appear that only one major issue remains to be resolved and that is the extended use of ABS or PVC for DWV systems. The Board agrees with you that these municipalities do have a course of action available to them. They can, under Section 13 of Chapter 152 of the Massachusetts General Laws as most recently amended Chapter 604, Section 2 of the Acts of 1971, petition for a variance. Therefore, upon receipt by the Board of a petition from any city or town for the extended use of BAS or PVC plastic pipe Schedule 40 in multi-family dwellings up to and including six stories in height and signed by the majority members of their respective Boards of Health or by the Commissioners of their Health Departments. The Board will take the appropriate action. It is not the intent of the Board to create any undue hardship; it is its belief this would be the best approach to resolving this specific problem. Very truly yours, (signed) Irving J. Rissi Executive Secretary After discussing both letters the Board of Health instructed the Director to find out whether we would lose HUD funds if they fail to request adoption of this new standard. The Board instructed the plumbing inspector to survey neighboring communities to determine whether they have petitioned the State Board of Examiners for permission to adopt the new standard. The Board of Health tabled any further action until the Director and Plumbing Inspector submit their respective reports at the August meeting. Meeting adjourned at 8:00 p.m. Respectfully submitted, Joseph W. Walsh, Jr. Director