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1973-10-18City of Beverly, Massachusetts Public Meeting Minutes Board: Board of Health Subcommittee: Date: October 18, 1973 Place: Board of Health Office Board members present: A. Joseph Callahan, Jr., and Angelo R. Massa Board members absent: Dr. Jacob H. Fine, chair Others present: Joseph W. Walsh, Jr., Director of Public Health;Ernest Curelli, Sanitarian Recorder: Joseph W. Walsh, Jr. BOARD OF HEALTH - MONTHLY MEETING - OCTOBER 18, 1973 Meeting called to order at 7:30 p.m. members present were Angelo R. Massa and A. Joseph Callahan Jr. Also attending were Joseph W. Walsh Jr., Director; and Ernest Curelli, Sanitarian. Of the the minutes of the Sept. 20, 1973 Meeting were accepted as mailed. The monthly bills schedules were signed prior to the meeting in the monthly reports of the various staff members were read. Old Business Daily Reports The Board of Health review all monthly reports submitted to them by the departmental staff and noted that for the fifth consecutive month (May, June, July, August, September) Mr. Robert Russo had not complied with the Board’s request of filling out daily work reports as required by regulation #2 of the departmental rules and regulations. Landmark School The Director read the following letter from the Milk and Food Inspector: “On a complaint from Inspector Westin of the Beverly Fire Department, I inspected the Landmark School in Beverly Farms on September 25, 1973. I found the rubbish disposal practices to be very poor i.e. stock piling of rubbish and garbage bags under the rear porch. Clutter was still present in the kitchen and pot washing area. I asked Mr. Drew to have the frequency of rubbish collection increased and to provide a large dumpster to accommodate daily accumulation. He said of course he would tend to it. Respectfully submitted, (Signed) Leo L. Panunzio Milk and Food Inspector” The Board of Health discussed Mr. Penn and see his communication and accepted the report as informational and instructed the Directed to place to letter and the Landmark Schools permanent file. Youth Center Mr. Walsh reported to the Board that he had personally inspected the Miles McPherson Youth Center (October 18, 1973) and found all his previously noted violations had been corrected (see minutes August 1973 Meeting) to the Directo’rs satisfaction. The Board accepted this report as final. Low and Moderate Income Town Houses - Brimbal Avenue Mr. Walsh told Board that the Zoning Board of Appeals had denied the permit. Permit application of the Planning Office for Urban Affairs (see minutes Sept. 1973) to construct 104 townhouse dwellings adjacent to the former Brimbal Avenue Dump. He further stated that he requested an opinion from the City’s Law Department regarding the Board of Health’s areas of jurisdiction, and as of this meeting date, had not received a written opinion. The Board discussed the proposed townhouse complex and decided that the Zoning Board of Appeals decision to deny the application made our position moot. Therefore, the Board of Health, on a motion made and seconded, voted to table any further action at this time. Music Theatre The Director read the following letter for Mr. Stephen Slane to the Board: “Enclosed is an architects drawing of the proposed toilet facilities for the theatre’s Terrace Restaurant. It provides for four separate stalls - separate male and female facilities for the public and restaurant personnel. I would appreciate your sending and approval for these plans as soon as possible so that we can begin construction.” Sincerely yours, (Signed)Stephen Slane Executive Vice President The Board reviewed the plans submitted by the North Shore Music Theatre and deferred acting on them until said plans are reviewed by the Plumbing Inspector and the Milk and Food Inspector. These reports are to be submitted at the November Board Meeting. New Business Resignation of Mr. Montoni The Board of Health received the following letter for Mr. Richard Montoni, Code Enforcement Inspector: “It is with regret that I wish to notify the Beverly Board of Health that I will be resigning my position as Code Enforcement Inspector with the Health Department. In my five years of working in the Health Department, I have enjoyed my work and my co-workers. The effective date of my resignation will be September 21, 1973.” Very truly yours, Signed - Richard Montoni, Code Enforcement Inspector The Board of Health unanimously confirmed their verbal acceptance on September 21, 1973 of Mr. Richard Montoni’s resignation. Wirling Request for Chicken Permit The Board of Health received the following letter from Mr. & Mrs. Richard A. Wirling, 2 Morningside Drive, Beverly: “The Mr. Curelli; In reply to your visit on September 26, 1973, we submit this letter, as you instructed us to. We have had a dozen or so laying hens for over 20 years. This past April, with the price of food so high, we thought raising a dozen or so roosters for our own consumption was permitted. We were unaware that a permit was required to do this. We never intended for anyone to be upset over the crowing of a rooster but as there are people in this world that do complain, we feel that it is not worth all the upset to everyone concerned. So we will slaughter the roosters, at once. We do humbly ask your approval to raise these roosters to a point just before they crow for our own consumption. As stated on your visit, with this letter and the cleaning area we keep the men, they should be no problem with a steady acceptance to keep our hands begin practices which made no noise et al.), and to raise our rooms or so stated above. Thank you for your understanding.” Sincerely, Signed - Mr. & Mrs. Richard A. Wirling Mr. Walsh explained to the Board that letters had gone out to all abutters of the Wirling property and that with the exception of three abutters, all of the parties involved had shown disapproval of the issuance of said permit, with a petition signed by many residents showing disapproval of the issuance of said permit. Mr. Curelli appeared before the Board and presented his report outlining his impression of the property and whether or not it was appropriate to keep chickens there. The Beverly Board of Health, taking into consideration the fact that three direct abutters were against the issuance of the permit, on a motion made and seconded voted to deny the Wirling’s request for a permit to keep chickens on the property. Mr. Walsh to notify the Wirling’s of the Board’s decision. Permit for Keeping of a Horse. Mr. Walsh read the Board the following letter from the Zoning Board of Appeals regarding a special permit to stable 2 horses on the property of Mr. Donald A. Bugden, 2 Hull Street, Beverly: “On October 11, 1973 a hearing was held before the Board of Appeal of the Zoning Ordinance to consider the application of Donald L. Bugden for a special permit a stable two (2) horses on property located at 2 Hull Street of which the applicant is owner. At this time, it was voted by the Board to defer consideration in order to view the property and to refer said application to the Board of Health for consideration. Enclosed please find copy of application and petition submitted to the Board of Appeals by applicant. We would appreciate your reply prior to October 30, 1973. Viewers very truly, (Signed)Mary L. Angelini - Clerk. The Beverly Board of Health voted to table this matter until more information regarding land area, stable facilities, septic system location, size of paddock could be submitted by the petitioners. Blueberry Hill Nursing Home The Board of Health approved the Blueberry Hill Nursing Home for another year and signed the license application. Fiberglass Septic Tank The Director submitted to the Board the following letter from the Massachusetts Department of Public Health: “In view of the numerous inquiries received by this Office, I consider it appropriate to offer the Department of Public Health’s position regarding the approvability of fiberglass septic tanks. The Department considers fiberglass to be a durable material which satisfies the provisions of Regulation 5.7 of Article XI of the State Sanitary Code. Accordingly, fiberglass septic tanks can be approved by your Board provided that all other applicable provisions of Regulation 5 are satisfied. Please be informed that our review of the design features of various fiberglass septic tanks supplied by several manufacturers failed to reveal any apparent public health advantage over commonly used reinforced concrete septic tanks. In considering individual designs submitted to your Board for approval, you may wish to refer to the following compilation of deficiencies noted by this Department during its review of several different designs. Please be aware that each individual design did not necessarily include all or any of the following apparent deficiencies: 1. Lightweight tanks could be subject to flotation in areas of high groundwater elevation. 2. Sharp change of direction at the inlet device is conducive to clogging. 3. Spherical an oval shapes reduce the volume available for sludge and scum storage. 4. Round septic tank bottoms make it difficult to adequately compact backfill below the mid-depth of the tanks. 5. Access manholes are difficult to adapt to cast iron frames and covers to raise to finish grade or to within 12 inches of finish grade. Fiberglass covers are unsuitable in instances where covers are required to be at finished grade. 6. The structural data does not appear to preclude structural damage when a point load is imposed directly on an access covered at finished grade. 7. Accessibility of inlet and outlet devices from the access man hole extension is difficult, impractical and/or impossible for some designs. It is hope that the foregoing informational aid you in reviewing individual applications incorporating fiberglass septic tanks.” Very truly yours, (Signed) - John C. Collins, Director, Division of Environmental Health The Board accepted this Correspondence as informational. Computerizing of Clinic Data Mr. Walsh explained to the Board that he was working with the City Collector to establish a system where all Board of Health data could be compiled on the City’s computer thus eliminating the unnecessary storage of clinic records in the Health Office. The Director explained further that he had begun to use the City computer and had a printout from the latest flu clinics. The Board accepted this report is one of progress. Flu Clinics Mr. Walsh reported that the Board of Health had provided two (2) flu clinics this year - one for the Municipal Employees and another co-sponsored with the Senior Citizens Club for all residents of the City age 59 and over. The statistics for both clinics were 740 people taking advantage of these clinics. The Director also reported that he was assisting the North Shore Community College Faculty Group in the planning and executing of a flu clinic for the school faculty. The Board accepted this report as final. Proposed Regulations The Director submitted to the Board further initial approval of following proposed Board of Health Regulations: BEVERLY HEALTH DEPARTMENT Section 1. No person shall keep any fowl or animal in any part of a dwelling house, or in any place in the City where the Board of Health may deem such keeping detrimental to the health or comfort of residents of the neighborhood, or to those who may pass thereby; and said Board shall have the power to remove or cause to be removed therefrom any such fowl or animals so kept. Section 2. No swine, cattle, or horses shall be kept within the limits of the City without license first obtained therefore from the Board of Health, and then only in such places and manner as it shall direct. Beverly Board of Health Rules and Regulations for Massage, Sauna, and Other Baths As provided for under Massachusetts General Laws, Chapter 140, Section 51, the Beverly Board of Health adopted at its meeting on The following rules and regulations for the operation of massage, sauna and other baths establishments. 1. Each establishment must be licensed by the Board at a fee of $10.00; such license shall expire annually on December 31 and may be renewed upon written application to the Board of Health and payment of a fee of $10.00. Changes since the original application must be noted on the renewal application. 2. An establishment license is not transferable. 3. Each establishment must at all times meet proper Health standards as required by the Board of Health. 4. Any license may be revoked by the Board of Health for a cause after a hearing as it deems sufficient. 5. Each operator must be licensed with the Board of Health at a fee of $5.00 and shall supply such pertinent information as required; such license shall expire annually on December 31, and may be renewed upon written application to the Board of Health and payment of a fee of $5.00. 6. Each operator shall supply, with the application form, and upon each annual renewal, proof of a satisfactory physical examination by a licensed physician. 7. Each operator shall be at least 18 years of age. 8. The above requirement shall apply to new business applications effective this date; existing businesses must comply by January 1, 1974. The Board discussed the proposed Regulations with the Director and approved the intent and instructed Mr. Walsh to have the Law Department correct the regulation for proper legal form. Mr. Walsh submitted the following adjustment for a contract to exterminate rodents at the municipal landfill: City of Beverly Board of Health Proposal for Contract for Exterminate and of Municipal Landfill Rodent Control The Beverly Board of Health invited proposal for a contract for extermination of the municipal landfill - rodent control. Plans and specifications may be examined and/or obtained at the Board of Health Office, Room 23, City Hall, Beverly, Massachusetts. Proposals must be enclosed in a sealed envelope marked on the outside “Proposal for a Contract for Extermination of the Municipal Landfill - Rodent Control” and filed in the City Hall on or before 6:00 p.m. Thursday, November 15, 1973 at which time and place they will be publicly opened and read. The Board reserves the right to waive any informality in or to reject any and all bids if deemed in the best interests of the City. Per order:Beverly Board Health Jacob H. Fine, M.D., Chairman Angelo R. Massa A. Joseph Callahan, Jr. By:Joseph W. Walsh, Jr. Director of Public Health The Board approved the bid advertisement and instructed the Director to advertise as soon as possible. Code Enforcement The Director read the following letter to the Board from Mayor Grimes: “I respectfully request that the vacancy created by the resignation of Mr. Montoni, not be filled at this time, and that the Mayor’s Office be consulted prior to any definitive action in this matter on your part, for budgetary reasons. I realize I have no authority in this matter; this is merely a form of request.” Very truly yours, (Signed) - Herbert F. Grimes, Mayor The Board discussed the Mayor’s letter and instructed the Director to place it on file. Application for the position of Code Enforcement Inspector The Director read the following letter from Mr. Joseph Malloy to the Board: “I am requesting to be appointed provisionally to the position of Code Enforcement Inspector for the City and would like to be interviewed at the Board’s convenience for said position. Thank you.” For truly yours, (Signed) Joseph J. Malloy The Director explained to the Board that several people have inquired about the Code Inspector’s vacancy, however, Mr. Malloy was the only person who had formerly requested the provisional appointment However, as our statistics show, the Change of Occupancy program has progressed rapidly. We have attempted to provide “same day” service to owners of apartments requesting inspections. Owner acceptance of this program seems to be very good due to the excellent cooperation between the inspector and the owners. The Director stated that it was his feeling that a second Code Enforcement Inspector was needed to maintain the efficiency of having code enforcement in Beverly. Mr. Walsh dated that with the corporation of the code staff he could establish and administer a housing code program as efficiently and successfully as the present Change of Occupancy Permit program. The Board of Health discussed the Director’s request to fill the vacant Code Enforcement Inspector’s position and on a motion made and seconded unanimously voted to hire Mr. Joseph Malloy, 22 High Street, Beverly Farms the only applicant who expressed a written desire to be appointed to the provisional position effective October 29, 1973. Meeting adjourned at 10:10 p.m. Respectfully submitted, Joseph W. Walsh, Jr.. Director of Public Health.