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1973-05-17City of Beverly, Massachusetts Public Meeting Minutes Board: Board of Health Subcommittee: Date: May 17, 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, Leo Panunzio, Milk and Food Inspector, and Robert Russo, Plumbing Inspector Recorder: Joseph W. Walsh, Jr. BOARD OF HEALTH - MONTHLY MEETING - MAY 17. 1973 Meeting called to order at 6:30 p.m. Members present were Dr. J. H. Fine, Chairman; Angelo R. Massa and A. Joseph Callahan, Jr. Also attending were Joseph W. Walsh, Jr., Director; Thomas Bussone II, Assistant City Solicitor; Leo L. Panunzio, Milk and Food Inspector; and Robert Russo, Plumbing Inspector. The minutes of the April 12, 1973 meeting were accepted as mailed. The momhly bill schedules were signed prior to the meeting and the momhly reports of the various staff members were read. OLD BUSINESS Sanitarian's Exam The Director told the Board that the civil service test date for the Sanitarian's position had been set for June 16, 1973 and the test announcement included the pre-requisite of being registered as a Sanitarian to being eligible to take the examination. The Board accepted this report as informational. Clinics The Director reported to the Board that the Lazy-Eye ( Amblyopia) Clinic, Rubella ( German Measles ) and Mumps Clinic, and the Diphtheria Tetanus Clinic, were all a success. He also stated that from all indications the heating clinic is going to be a great success also. Mr. Walsh told the Board that the credit for the success of these clinics should go to the many volunteers and co-sponsors of the clinics in addition to the health department staff. A statistical report of all four clinics will be available in June. The Board accepted this report as informational. Combined Collection of Garbage and Rubbish The Director reported to the Board that the combination of garbage and rubbish program is progressing smoothly and the transition from separate collections to a joint collection is a success. Mr. Walsh stated that during the past month not a single citizen or public works department complaint was recorded by the Board of Health Office. The board accepted this report as one of progress. Housing The Director told the Board that he and the Assistant City Sohcitor are working together to try via the use of certain general laws to remove two structures owned by Mr. James Cullivan and numbered 9 and 11 Central Court, Beverly, Massachusetts. The Director read to the Board correspondence produced from the Fire Chief stating that "these two buildings be demolished in the best interest of public safety". The Board instructed the Director to continue to seek the proper legal avenues available for the demolition of the two structures and submit a report at the June meeting. NEW BUSINESS Application to Stable a Horse The Director read the following letter from Mr. Emile Belanger of 37 Millbrook Road, Beverly, Massachusetts requesting permission to stable one horse on his property. "5/10/73 To the Director of the Board of Health, I am requesting for a permit to board one horse on my land at 37 Millbrook Road. Land and boarding area are shown on diagram enclosed with this letter. Feed hay and shavings to be stored on premises are as listed below. 3 bales of hay 3 bales of shavings 200 lbs. of feed water supply - tap water I am also requesting at this time for a dump permit to discard all waste material, once or twice a week, conditions demanding. Thank you. (signed) Emile Belanger" The Director reported that letters were sent to the four direct abutters and three indirect abutters apprising them of Mr. Belanger's request and soliciting their opinion regarding the issuance of said permit. Mr. Walsh read to the Board six letters of opposition from the the following individuals: Eugene Comeau, 35 Millbrook Road; Edmund Michalski, 29 Millbrook Road; Hyman Rubenstein, 15 Scenna Road; Warren Chouinard, 28 Millbrook Road, Cosmo Sisto, Jr., 30 Millbrook Road, James Powers, 32 Millbrook Road; no reply was received from Mr. Lawrence W. Gallant, 17 Scenna Road; and an adverse report from Mr. Ernest Curelli, Sanitarian for the Health Department. The Board of Health on a motion made and seconded unanimously voted not to issue a permit to stable a horse at 37 Millbrook Road to Mr. Emile Belanger. Dental Clinic The Director told the Board that a local dentist, Dr. Maurice Cutler, had donated to our Dental Clinic his used office equipment consisting of an x-ray unit, dental chair, a combination cabinet and sink, two compressors and dental drill. Mr. Walsh explained that during the summer vacation period the new equipment will be installed. Mr. Walsh also told the Board that he had sent an appropriate letter of thanks to Dr. Cutler. The Board accepted this report as informational. High Rise Apartment Application Mr. John T. Whitaker, Building Inspector, met with the Board to discuss an application for construction of high rise apartment buildings for elderly persons of low or moderate income to be located at 47-49 Bow Street and 215-235 Rantoul Street. He has also received a second application for construction of high rise apartment building for the elderly and the handicapped to be located at 17 Stone Street. The Board of Health discussed with the building inspector and Assistant City Solicitor just what their responsibilities and what areas of control the Board of Health has in the granting of a variance to allow construction of both buildings. The Board of Health determined that their responsibility was to insure that an adequate sewerage disposal system and adequate water supply was readily available for both buildings. The Board of Health instructed the Director to send the appropriate letter to the Zoning Board of Appeals apprising them of their opinion and for him to represent the Board at both Zoning Board meetings. 407-411 Cabot St. The Milk and Food Inspector read the following letter sent to Mr. Bernard Goldberg, owner of the shopping plaza: "Mayl 1, 1973 Samuel Goldberg & Son 75 Elliott Street Beverly, MA Att: Mr. Bernard Goldberg Dear Sir: On the many inspections that I have made at your shopping plaza located at 407-411 Cabot Street, Beverly, Massachusetts, I have observed more often than not, a deplorable condition in the parking lot, e.g. refuse and litter. Conversations with licensees, Dunkin Donuts, Beverly Fruitland, and Kentucky Chicken informed me that responsibility and obligation to maintaining the outside premises is limited to the marquee only, not the parking lot. I am recommending to the Board of Health the taking of necessary steps to rectify this situation under Article II, Section 15.5 of the State Sanitary Code. Very truly yours, BOARD OF HEALTH (signed)Leo L. Panunzio Milk and Food Inspector P/d co: Board of Health,, The Board discussed the conditions of the parking lot and number of citizen complaints regarding the refuse and litter strewn in the parking lot with the Milk and Food Inspector. The Board instructed Mr. Panunzio to send immediately a very strenuous compliance order to Mr. Goldberg. The Board further instructed the Milk and Food Inspector that should Mr. Goldberg fall to comply then the Director should request him to appear before the Board of Health to show just cause why a complaint should not be filed in the District Court against him. Landmark School The Milk and Food Inspector read the following letter to the Board of Health: "Apri118,1973 Board of Health City Hall Beverly, Massachusetts Gentlemen: I would like to call to your attention, a situation at the Landmark School, Hale Street, Beverly, which I believe needs correcting. When this school first applied for a food service permit, we were talking about sixty (60) children plus personnel, to be serviced by the kitchen facilities. This number is now up to approximately two hundred (200). Because of poor kitchen layout and the constant expanding and growth population of the school, we have a continuous condition of unauthorized personnel in the kitchen, clutter, improper disposal of refuse and what appears to be a lack of knowledge of the Sanitary Code. I cannot hold the chef responsible for this situation. I believe we should call in the administrators of this school and ask for a definite plan for remodelling to accomodate, in a proper manner, a large number of people and try to ascertain the future growth of this establishment. Very truly yours, (signed) Leo L. Panunzio Milk and Food Inspector" The Board of Health discussed with the Milk and Food Inspector the problems of overcrowding and poor kitchen layout and requested him to make an evaluation of the facilities and submit his recommendations to the Board prior to the next meeting. The Board of Health on a motion made and seconded unanimously voted to request Dr. & Mrs. Drake, owners of Landmark School, to appear at the June Board meeting to discuss their plans for expanding their kitchen facilities to accomodate the increased enrollment at their school. Monthly Reports The Board of Health sent the following letter to Mr. Robert Russo, Plumbing Inspector, for the department. "May 4, 1973 Mr. Robert Russo Plumbing Inspector City Hall Beverly, Massachusetts 01915 Dear Mr. Russo: This is to inform you that the Beverly Board of Health has noted that you have been in violation of Rule #2 of the Departmental and Regulations to wit: 2. Reports to the Board All written reports or other written notices which are to be submitted by any 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 submit to the Director the day before a scheduled Board meeting a detailed in-depth written report of their activities. This report shall include detailed daily 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. This violation has occurred from the time period beginning January 1, 1973 to March 31, 1973. Therefore, we request your presence at the May 17, 1973 Board of Health meeting so that we may hear your reasons and explanations for not complying with Regulation #2 of the Departmental Rules and Regulations. Very truly yours, (signed) Jacob H. Fine, Chairman A. Joseph Callahan, Jr., Member Angelo R. Massa, Member" Mr. Russo explained to the Board that he felt that it was not necessary for him to make out daily reports of his activities as requested by the Board of Health. He submitted to substantiate his belief numerous plumbing forms, cards, and receipts and inspection tags to indicate that in his opinion he was being buffed with paperwork and refused to add any more forms to his load. One of the Board members rebutted Mr. Russo's statement by discussing each form with him, and it was revealed during this question period that persons other than the plumbing inspector made out the forms, and in fact the only form made out by him was the green inspection tag. Mr. Robert Russo, Plumbing Inspector, told the Beverly Board of Health he refused to comply with the Board's request of filling out daily reports. When questioned further regarding his failure to comply with Regulation 2 of the Health Department Employee Rules and Regulations, Mr. Russo stated adamantly that he refused to fill out any more forms and would not fill out daily reports. The Board dismissed Mr. Russo, and on a motion made and seconded, unanimously voted to send Mr. Robert Russo, Plumbing Inspector, an official reprimand with a copy to be sent to Civil Service for his refusal to comply with Regulation 2 of the departmental Rules and Regulations. Meeting adjourned at 7:45 p.m. Respectfully submitted, Joseph W. Walsh, Jr. Director of Public Health