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1973-02-01City of Beverly, Massachusetts Public Meeting Minutes Board: Board of Health Subcommittee: Date: February 1, 1973 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, Ernest Curelli, Sanitarian Leo Panunzio, Milk and Food Inspector, Robert Russo, Plumbing Inspector, Alfred J. Semple and Anthony Ventresca, Code Enforcement Inspectors Recorder: Joseph W. Walsh, Jr. BOARD OF HEALTH - MONTHLY MEETING - FEBRUARY 1, 1973 Meeting called to order at 6:35 p.m. Members present were Dr. Jacob H. Fine, Chairman; Angelo R. Massa, and A. Joseph Callahan, Jr. Also attending were Joseph W. Walsh, Jr., Director, Leo L. Panunzio, Milk and Food Inspector; Thomas Bussone, Assistant City Solicitor; Anthony Ventresca and Alfred J. Semple, Code Enforcement Inspectors; Ernest Curelli, Sanitarian; Robert Russo, Plumbing Inspector. The minutes of the January 4, 1973 meeting were accepted as mailed and mended. The monthly bill schedules were signed and the monthly reports of the various staff members were read. OLD BUSINESS Senior Citizen Flu Clinic The Director explained to the Board that he had met with the Mayor and discussed the possibility of handling a flu clinic for senior citizens next fall and had requested the mayor to incorporate an additional sum of money in our maintenance account for 1973 -74 to cover the additional cost for such a service. Mr. Walsh told the Board that the Mayor suggested that rather than increase the present estimated maintenance account, that we send a separate letter to the Mayor and Board of Aldermen requesting a special appropriation cover the cost of the proposed clinic, The Board accepted this report as a progress report. Mental Health Mr. Walsh told the Board that the City Auditor has requested that before the City expend any future monies to the Greater Cape Ann Human Services, Inc. of Gloucester, MA for mental health services to Beverly residents, that a contract between the City and the mental health group be signed. Mr. Thomas Bussone, Assistant City Solicitor, explained to the Board that health group had been in contact with him and he was sending them a copy of the contract presently being used by Project RAP and the City of Beverly for them to use as an outline when drafting their contract. The Board accepted this report as informational. Combined Collection The Director reported to the Board that the publicity campaign to notify the residents of the City of our new program has begun with a mass mailing of our informative pamphlet to approximately 13,000 individual house-holders within the City. The Director also explained to the Board that he had sent fact sheets to both newspapers regarding the new collection programs and the same information sheets have been sent to both local radio stations for their use. Mr. Walsh told the Board that he was drafting a form letter to be sent by this office when notified by the municipal collectors that an individual is improperly disposing of their garbage. The Assistant City Solicitor read to the Board the following opinion from the Law Department regarding our proposed regulation for the combination of garbage and rubbish into a single collection. "January 31, 1973 Board of Health City Hail Beverly, MA 01915 Gentlemen: This letter is in response to your request for January 8, 1973, for a written opinion relative to a proposed regulation regarding the combined collection of garbage and rubbish. Please be advised that the Law Department is of the opinion that said regulation is proper as to form. Very truly yours, LAW DEPARTMENT BY: (signed) Thomas Bussone II Assistant City Solicitor Approved by: (signed) Ralph J. Edelstein, City Solicitor" "LEGAL NOTICE CITY OF BEVERLY Chapter IV of the Beverly Board of Health Regulation entitled "Nuisances" is hereby amended by the inclusion of the following sub-section entitled Combined Collection of Garbage and Refuse. Chapter VI. Nuisances All Garbage to be collected within the City of Beverly shall be properly drained, securely wrapped, placed within the household refuse, and stored in water-tight receptacles of metal or other durable material with tight-fitting covers until the weekly municipal collection. Approved by the Board of Health on and to become effective on March 20, 1973. Beverly Board of Health BY: (signed) Joseph W. Walsh, Jr. Director of Public Health" The Board of Health instructed the Director to advertise in the local newspaper, as required by law, our new health regulation. 138 Livingstone Avenue The Assistant City Solicitor reported to the Board that Judge David Doyle had rendered his opinion regarding the City of Beverly v. Mr. James A. Dooling III in favor of the Beverly Board of Health. The judge's ruling stipulated that Mr. Dooling has until April 12, 1973 to raise sufficient funds to correct the sewage problem, the dwelling must remain vacant and the judge stated that he would allow a five-in caretaker to fend off any vandalism if a chemical toilet is installed by the Doolings for the caretaker's use. The Board of Health congratulated Mr. Bussone for successfully presenting our case in the District Court. Workable Program The Director reported to the Board that he has interviewed representatives from the Housing and Urban Development Regional Office, Boston, Massachusetts; and the Massachusetts Department of Community Affairs, Boston, Massachusetts, regarding the availability of federal or state funding of housing or housing related programs. Mr. Walsh informed the Board that federal housing program funds are frozen and the majority of the present programs are going to be eliminated. The Federal government in Washington is using revenue-sharing as their means of distributing federal monies to the local community. By doing so this form of funding allows the local city to determine the needs community and how much of the Federal revenue monies should be expended for the particular program. The department of Community Affairs works primarily with federal monies and allows the same guidelines. Their answer to the need for a local housing (workable) program for community improvement is ambiguous depending on and to whom the interviewer spoke to at both HUD or the Massachusetts Department of Community Affairs. The indication is that with all Federal funds either frozen or abolished is that the workable program could be eliminated, however, they also stated that if the proposed special revenue sharing is passed, a workable program could be a prerequisite to obtaining said funds. The Board of Health tabled any further action until the status of HUD and the Federal Housing Program administered by them has been determined. Old Fort Estate Sub-division The Assistant City Solicitor read to the Board the following letter from the Law Department. "January 29, 1973 Dear Mr. Walsh: I received your supplementary letter dated January 22, 1973 in which you enclosed a photostat of a Beverly Times story purporting to quote Mr. Drinkwater, the Chairman of the Planning Board. Atter reading the newspaper quote, I called Mr. Drinkwater to inquire as to the accuracy of the newspaper account and the context to the "opinion" referred to. Mr. Drinkwater recalled a telephone conversation with me in which the subject of Health Board approval or disapproval of lots in a subdivision was discussed. It was his understanding from that conversation that if the Board of Health withheld approval of certain lots in a subdivision plan, then the Planning Board could vote to approve the sub-division plan with restrictive endorsements showing the lots that were subject to approval by the Board of Health prior to building permits being issued. I believe he was correct in his understanding, and apparently the Planning Board followed such a procedure in its approval of the Old Fort Estates Sub-division which you refer to in your letter. If, from your reading of the enclosed newspaper article, you inferred that the Law Department rendered a legal opinion which interpreted the action of the Board of Health as an unqualified or unlimited approval of a sub-division plan, then it is a misunderstanding. No such opinion was rendered. I trust that this will dear up the question you raise in your letter. Yours very truly, LAW DEPARTMENT By: (signed) Ralph J. Edelstein" The Board of Health accepted the correspondence presented by the Assistant City Solicitor and instructed the Director to incorporate the letter into the minutes of the meeting. NEW BUSINESS Hearing: Sonny's Lunch Mr. Leo L. Panunzio, Milk and Food Inspector, requested that Mr. Anthony Pelosi of 5 Elwell Street, Gloucester, Massachusetts, owner of Sonny's Lunch, located at 392 Cabot Street, Beverly, Massachusetts appear before the Board of Health to explain his plan for remodeling the three existing toilet facilities in his establishment. Mr. Pelosi explained to the Board that he is going to remodel the toilet facilities and would complete the project in 30 days. The Board of Health on a motion made and seconded voted unanimously to defer any further action until March 2, 1973. The Milk and Food Inspector to submit a report at the March Board meeting. Pony Permit The Director read a letter from Mr. William Iler of 17 Lakeshore Avenue, Beverly, Massachusetts requesting that his permit for the keeping of cows be revised to the keeping of cows and one (1) pony. Mr. Walsh told the Board that he had visited the Iler property and the paddock area was extremely well kept and the addition of one pony in this case would not, in the Director's opinion, adversely affect the neighborhood. The Board of Health on a motion made and seconded unanimously voted to grant Mr. William Iler a revised permit to include one pony. Visiting Nurses Association The Director reported to the Board that he had met with Miss Joan Pisarczyk, Supervisor, of the Beverly Visiting Nurses Association to discuss her request that the Beverly Board of Health reimburse the VNA for home visits to families of premature babies at a cost of fourteen dollars per visit. Mr. Walsh explained to the Board that Chapter 40, Section 2 of the Massachusetts General Laws Annotated gives the Board of Health the authority to contract for health services. He also explained that the Board of Health maintenance account already has a budgetary item entitled Contagion and Prematurity. The Board of Health discussed their obligation of caring for premature babies and their responsibility to provide, in addition to the standard in-hospital care, home visits when requested by the attending physician. Therefore, on a motion made and seconded, the Board of Health unanimously voted to continue the contract relationship with the Visiting Nurses Association and for home visits made by that agency to premature babies residing in Beverly. In addition, premature babies born out of town but residing within the City are to be included in the home visit program. The Board of Health on a motion made and seconded unanimously voted to use the same guidelines that we use when reimbursing families for premature births when determining the eligibility of a family for a home visit by the Visiting Nurses Association. The Board of Health on a motion made and seconded unanimously voted to reimburse the Beverly Visiting Nurses Association at a rate of fourteen dollars per visit. The Board further stipulated that this rate of remuneration was the maximum as of this date and any suggested increase at a later date would have to be renegotiated with the Beverly Board of Health. The Board of Health on a motion made and seconded unanimously voted to require for the purpose of payment monthly report of premature baby visits be submitted to the Board by the VNA. The Board instructed the Director to inform the Visiting Nurses Association of their decision. Nursing Home Licenses The Board of Health signed the license application of the Old Ladies Home 78 Lothrop Street, Beverly approving the facility for another year. EXECUTIVE SESSION Hearing: Court Cases The Assistant City Solicitor reviewed a pending Superior Court Case (Kanter Realty Trust vs. City of Beverly) with the Board and explained to the Board, the complexity of the case, and when this case is completed then we will begin prosecution of other properties in violation of Article II of the State Sanitary Code. The Board approved his action and accepted his report as informational. Vestry Street The Assistant City Solicitor discussed with the Board the options available to them and regarding the demolishing of 27 ½ Vestry Street. The Board of Health discussed the legal ramifications of acting hastily and requested the Law Department's opinion and assistance regarding the correct procedure for the Board to follow. rd accepted this report as one of progress. Sanitarian's Flyer The Board of Health approved the Civil Service flyer for the Sanitarian's position within the department. End of Executive Session. Meeting adjourned at 8:30 p.m. Respectfully submitted, Joseph W. Walsh, Jr. Director of Public Health