USA > Massachusetts > Norfolk County > Weymouth > Town annual report of Weymouth 1963 > Part 23
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No action will be taken on the Laban Pratt Fund which as of January 1, 1964 was $931, 671. 46 including 1963 income of $38, 528. 55 until such time as the South Shore Hospital has raised matching funds and a total of $2, 200, 000 is available for the Laban Pratt Memorial Wing and other alter- ations to the South Shore Hospital.
It is with pride and dignity that your Chairman recognizes the great contribution which all Laban Pratt Trustees have made in their successful handling of the Laban Pratt Fund during the past 18 years. The successful ending of a heavy and significant duty and obligation, which the Trustees have assumed for the people of Weymouth, should be of tremendous satis - faction and happiness to all who have had membership in this Board.
Special recognition is accorded to current members of the Laban Pratt Hospital Trustees for their valuable efforts toward the finalization of Laban Pratt Memorial Hospital Wing in memory of one of the greatest benefactors the Town will ever record.
The terms of office of the Laban Pratt Trustees are as follows:
Term expires in 1968 Mr. Roland T. Seabury Mr. James F. Reilly Mrs. Lucy P. Mahoney Term expires in 1967 Miss Olive Sylvester Mr. William F. Donoghue Mr. Martin Davis Term expires in 1966 Mr. Roy F. Kendall
Mr. Laughton B. Dasha Mr. Francis A. Farr Term expires in 1965 Mrs. Marguerite W. Shaftoe
Mrs. Eleanor C. Jack Mr. George H. Thompson, Esquire Term expires in 1964 Hon. Kenneth L. Nash
Mrs. Harriet S. Berry Mrs. Elizabeth M. Pruden
Respectfully submitted,
GEORGE E. LANE, Chairman MARTIN P. DAVIS, Vice Chairman FRANCIS A. FARR, Secretary
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This report for the year 1963 is hereby submitted in accordance with the provisions of Section 3 of Chapter 246 AN ACT AUTHORIZING THE ESTAB- LISHMENT WITHIN THE TOWN OF WEYMOUTH OF A HOSPITAL FOR THE INHABITANTS OF SUCH TOWN passed by the General Court of Massachusetts in 1946.
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss.
SUPREME JUDICIAL COURT WITHIN AND FOR THE COUNTY OF SUFFOLK
NO. 68972 - EQUITY
TOWN OF WEYMOUTH ACTING BY AND THROUGH ITS DULY CONSTITUTED AGENT TRUSTEES OF LABAN PRATT HOSPITAL - PETITIONER -
V. EDWARD W. BROOKE AS HE IS THE ATTORNEY GENERAL OF THE COMMONWEALTH OF MASSACHUSETTS, ET ALS. - RESPONDENTS -
FINAL DECREE
This cause came to be further heard upon motion for entry of a final decree, after the entry of an interlocutory decree overruling the respond- ents' exceptions to the report of the master, and was argued by counsel: and thereupon, upon consideration thereof, it is ORDERED, ADJUDGED and DECREED:
1. That it is impracticable to apply the funds received and held by the Town of Weymouth, acting by and through its duly constituted agent, the Trustees of Laban Pratt Hospital (a corporation created under authority of Chapter 246 of the Acts of 1946) under the first codicil to the will of the late Laban Pratt (hereinafter called "the Pratt Fund") to the particular purpose stated by the testator; and that the Pratt Fund is insufficient in amount to permit literal execution of the trust created by the provisions of said codicil for the construction and maintenance of a hospital in that part of the Town of Weymouth called Weymouth Heights and in the neighborhood of the Old North Church;
2. That the testator in his will and first codicil thereto manifested a general charitable purpose and intent which permits the application of the doctrine of cy pres;
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3. That the testator's general charitable intent and purpose can most nearly be realized by the construction of a Laban Pratt Memorial Wing to the South Shore Hospital located in the Town of Weymouth;
4. That the Town of Weymouth, acting by and through its duly con- stituted agent, the Trustees of Laban Pratt Hospital, is holding the Pratt Fund upon a general charitable trust;
5. That the South Shore Hospital (a Massachusetts corporation opera- ted as a voluntary non-profit charitable institution) is ready, willing and able to accept the Pratt Fund upon the terms and conditions hereinafter set forth in paragraph 6 hereof;
6. That the Town of Weymouth, acting by and through its duly con- stituted agent, the Trustees of Laban Pratt Hospital, be, and hereby is authorized, empowered and directed (after payment of counsel fees and reimbursement to the Town of Weymouth for expenses incurred in connection with these proceedings) to transfer and deliver the Pratt Fund to the South Shore Hospital to be held and used by it, in trust, in accordance with and subject to the following terms and conditions:
(A) That the Pratt Fund shall be used to construct an addition to the present South Shore Hospital, such additional structure or structures to contain facilities for not less than forty (40) beds.
(B) That such addition to the South Shore Hospital shall be known as the "Laban Pratt Memorial Wing" and shall be suitably marked by a placque or otherwise.
(C) That if the Pratt Fund is insufficient to cover the cost of such ad- ditional structure or structures, the South Shore Hospital shall take all measures necessary and appropriate to raise by public subscription, fed- eral aid, or otherwise, any funds necessary to complete the Laban Pratt Memorial Wing. Such additional financing shall be accomplished within a period of three years from the entry of this decree, unless such time is extended by further order of this Court.
(D) The Trustees of Laban Pratt Hospital shall not transfer or deliver the Pratt Fund to the South Shore Hospital until the Trustees of the South Shore Hospital have raised the additional finances necessary to construct and complete the Laban Pratt Memorial Wing.
(E) That the Laban Pratt Memorial Wing shall be constructed under the direction of a building committee comprised of the following five mem- bers: two members chosen from among the Trustees of Laban Pratt Hos- pital; two members from among the Trustees of the South Shore Hospital, one of whom shall be the chairman of the Building Committee of the South Shore Hospital; and a fifth member to be appointed by the President of the Board of Trustees of the South Shore Hospital, shall be a member of the medical staff of the South Shore Hospital.
(F) That the Laban Pratt Memorial Wing shall be for the use of the inhabitants of the Town of Weymouth, although not exclusively.
(G) That the South Shore Hospital shall furnish and maintain all equipment necessary for the operation of the Laban Pratt Memorial Wing.
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(H) That the South Shore Hospital shall assume and pay all costs of maintenance, repairs and operation of the Laban Pratt Memorial Wing.
(I) That the South Shore Hospital shall provide by public subscription, federal aid, or otherwise, such additional funds as may be necessary to meet any operational deficit arising from the operation of the Laban Pratt Memorial Wing.
(J) That the South Shore Hospital shall operate the Laban Pratt Memorial Wing in conjunction with, and as an integral part of, the present South Shore Hospital establishment.
7. That the trustees of the Laban Pratt Hospital pay from the trust income of the Pratt Fund the sum of Five Thousand Dollars ($5, 000. 00) to Ralph Warren Sullivan, Esquire, and Edward P. Ryan, Esquire, jointly, for legal fees and expenses in connection with their representation of res- pondents of record in these proceedings.
ENTERED: Sept. 9, 1963 By the Court ( Whittemore , J. )
/s/ Chester A. Dolan, Jr. Clerk
We assent to the entry of the foregoing Final Decree, waiving all rights of appeal therefrom.
TOWN OF WEYMOUTH, Petitioner (Acting by and through its duly constituted agent, Trustees of Laban Pratt Hospital)
By Robert H. Gaughen Town Counsel for the Town of Weymouth
By Ralph Warren Sullivan, Attorney for Respondents of Record
John F. Newton
By Edward P. Ryan,
Assistant to the Town Counsel
Attorney for Respondents of Record
SOUTH SHORE HOSPITAL, Intervenor
By James P. Lynch, Jr. Nutter, McClennen & Fish 75 Federal Street Boston, Massachusetts
COMMONWEALTH OF MASSACHUSETTS, Respondent
By Edward W. Brooke Attorney General of the Commonwealth
A true copy.
Attest:
By James J. Kelleher Assistant Attorney General
Chester A. Dolan Clerk
September 9, 1963
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A REVIEW OF THE DEPARTMENT OF PUBLIC HEALTH
OF THE TOWN OF WEYMOUTH
At the March, 1958, Annual Town Meeting of the Town of Weymouth Article 60 was presented and approved, "to see if the Town will appoint a committee of five members of the medical profession to review the ad- ministration, operation, policies, procedures, and services of the Depart- ment of Public Health and to recommend and report on the establishment of a Public Health Commissioner and such other changes as may be bene- ficial to the health of the citizens of Weymouth or take any other action in relation thereto." The town moderator appointed the following physicians to comprise this committee: Drs. James Cameron, Edward Connolly, Lloyd Hazen, Edward Nalband, and John O'Neil. To assist this committee the Town also voted an appropriation in the sum of $500. 00 to engage the services of a Public Health Consultant. The committee in its search for such a Public Health Consultant approached the Harvard School of Public Health. Through that school the committee obtained a list of possible con- sultants from which Dr. Leon J. Taubenhaus of Brookline, Massachusetts was selected. In the spring of 1960, Dr. Leon Taubenhaus began an ex- haustive review of the Board of Health facilities in the Town of Weymouth. His review was completed in the summer of 1960. Thereafter, Dr. Tauben- haus presented to this committee multiple copies of his report which was titled, "A Review of the Public Health Organization Facilities of the Town of Weymouth". This review was studied in detail by the medical committee.
A meeting was then held by the medical committee jointly with the Board of Health of Weymouth and the Weymouth Health Agent. Prior to this meeting several of the key recommendations in Dr. Taubenhaus's report had already been put in effect by the Weymouth Board of Health. Following this meeting more of Dr. Taubenhaus's recommendations were jointly ap- proved and placed into effect.
Since copies of Dr. Taubenhaus's review will be included with this committee's report, and since this committee concurs with most of the findings presented therein, a repetitive report by this committee is deemed unnecessary. However, some comments would be appropriate concerning the consultant's findings in the order presented. On Page 2 under Findings A Annual Report, the inclusion of the Mosquito Control Program is con- sidered incorrect since the agent is a commissioner, separate from the Health Department. On Page 3 under C Personnel, the remarks concerning the transportation of premature infants by the Health Agent and his nurse assistant should be further clarified. Funds are appropriated for extra nurses for this purpose when the Public Health nurse is off duty. The Health Agent then makes every effort to obtain the assistance of another nurse. It would be of benefit to have a specific nurse assigned to this duty. On Page 4, the report states that he, the Health Agent, is liked personally by the physicians in the community, but that they do not feel that he is properly trained to make decisions or give direction in the health field. This is an opinion offered by the consultant and does not necessarily re- flect the opinion of all of the physicians in the community. This committee feels that much of the pre-existing difficulty resulted from the organizational
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inadequacies pointed out very clearly by the consultant. Once these organi- zational inadequacies are corrected, many of the problems related to the Health Agent should improve. In the event that future public health programs are added in sufficient number to those already existing, it is recommended that the Board take advantage of the experience of the present health officer and retain him as a Sanitary Inspector. The staff of the department could be then enlarged by the addition of a formally trained health officer who could assume the role of the executive officer for the Board. On Page 5, paragraph 3, the Plumbing Inspector's Office is now within the Board of Health quarters. Again on Page 5, the consultant's evaluation of the Dental Assistant is correct. Ideally, dental inspections would be best performed by a dental hygienist. However, this committee wishes to emphasize that should a greater degree of dental screening be carried out, it is very likely that such a mass of work would become necessary that the situation would become very impracticable with particular reference to funds available for dental care and the availability of dentists to perform such work. Even with the present work load, there is a problem in obtaining sufficient pro- fessional care. Moreover, the determination of eligibility for dental care at public expense needs more strict enforcement than that currently in practice. The program would also benefit by improvement of public in- formation concerning such eligibility, with emphasis on the disadvantages of abuse of the system. Still on Page 5, d. Facilities, more adequate office space has been provided the Board of Health and is proving to be very satisfactory. On Page 6, E. Codes and Regulation, where the review re- fers to the absence of a local Housing Code, the Town of Weymouth has adopted the State Regulations. In the same paragraph the reference to absence of garbage regulations, although true concerning the Board of Health, is not true generally since these regulations fall under the Board of Selectmen. Although this is the existing situation, it is questionable whether it should be permitted in the future. On Page 7, the third para- graph and those which follow concerning the attitude of local physicians, represent the impression received by Dr. Taubenhaus during his multiple interviews with various people throughout the Town of Weymouth. However, the consultant's comments would make it appear that these attitudes are held by all physicians who reside in the town. This committee feels that this is not an accurate reflection of the attitude of the medical profession in the Town of Weymouth. A great deal of the misunderstanding which has existed in the past actually resulted from inadequate liaison between the Board of Health and the medical profession. Evidence of this contention on the part of this committee is the fact that since some of the consultant's recommenda- tions have been put into effect, there has been complete accord between the Board of Health and the majority of the physicians in the Town of Weymouth. Moreover, since these changes have been brought to bear, no suggestion presented by the medical profession to the Board of Health has been ignored or disregarded. At present the medical profession, the Board of Health, and the Health Agent are completely in accord, with the best interests of the citizens of Weymouth constantly in mind. On Page 9, the comments con- cerning the Rodent Control Program, although true in the past, no longer pertain. The Rodent Control Program has been improved by the Board of Health through the repeated use of professional exterminators. Again on Page 9, under Tuberculosis Control, the Board of Health has conducted a
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chest x-ray survey throughout the town. It has also arranged for a 200% increase in the screening of school children by the addition of skin testing for tuberculosis in the first and sixth grades, supplementing the previous screening of those in the eleventh grade. This program was initially car- ried out during the 1961-1962 school year. Both the Mantoux test and the much newer Heaf test were used. Chest x-rays in the case of all positive reactors constituted a thorough follow-up. It is interesting to note that this screening program showed a 3. 6% positive rate in Weymouth as op- posed to a 6% county rate, thus refuting our consultant's contention that tuberculosis control constitutes a major problem in Weymouth. On Page 10, the problem of polio immunization clinics has been fully and satis- factorily resolved. Clinics for both Salk and Sabin vaccines have been, and will continue to be, conducted. On Page 11, the recommendation concerning re-organization of the Health Department, specifically, having the Health Agent become the Executive Officer of the Board of Health has been instituted. In the second paragraph on Page 11, the recommendation concerning those who should attend the Board of Health meetings has been placed in effect. With the test of time, the Board has questioned the wis- dom of this move. There have been times when detailed information has been necessary but not available, due to the absence of either the nurse or clerk from the Board meetings. At subsequent meetings a compromise measure will be tried by having these two present during the first half-hour of each meeting of the Board. Again on Page 11, paragraph 3, the state- ment designating the agent as the personnel manager for the Board of Health has been agreed to in principle but has not always been carried out in practice. Attention should be focused on this recommendation if the agent is to carry out his functions properly. A failure here is damaging to the entire organization. On Page 12, the recommendation concerning the Visiting Nurse Association is a very complex one and deserves a great deal of examination. Although it is possible that this could be carried out in the remote future, more immediate co-ordination is highly unlikely, because of the problems in uniting a private foundation sponsored by the Red Feather, with a tax financed town Board. Since this recommendation does not present- ly seem possible, it would appear vital that a second public health nurse be added to the present personnel. The Board of Health nurse is responsible for the care of approximately 2, 450 Parochial School children as compared to 2, 000 to 2, 300 per each Public School nurse. The Health nurse also does all visual and hearing tests in her schools, whereas the Public School nurses have additional help in these fields. It seems unreasonable to then expect the Health nurse to carry on a full Public Health program as an additional duty. On Page 12, paragraph 2, the comments concerning adequate working space have already been discussed above. Again on Page 12, paragraph 3, all reports are now combined by the Agent of the Board of Health in accord- ance with the recommendation. On Page 13, paragraph 3, which recommends the appointment of a part-time Medical Health Officer by the Board of Health, has already been put into effect. It is unlikely that a review of the relation- ship between the Board of Health and the medical profession of Weymouth today would show any of the problem as stated on Page 12, paragraph 4. Dr. Taubenhaus's last recommendation presented so well on Page 14, offers a plan upon which the ultimate success of this review and the future of the health needs of our town greatly depend. Many if not all of the professional
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consultations necessitated by this plan are available, without charge, from the Massachusetts Department of Public Health. This obviates the need for routine annual appropriations suggested for this purpose.
Once this committee had completed its review, it attempted to deter- mine how the Town of Weymouth compared in this field to: 1. other towns of comparable population and, 2. ideal public health standards for a town of 50, 000 people. The answer to the first question was very favorable in nearly all respects. It was found that the second could not be answered be- cause to date, in this state, no such standards had been compiled. This committee has been advised that there is currently underway a project at the state level to establish just such a standard guide to assist municipali- ties desirous of evaluating or improving their Health Organizations.
In conclusion, this medical committee feels that the Town of Weymouth has a satisfactory Department of Public Health which can provide even better service by following the recommendations presented by Dr. Leon Taubenhaus as corrected, ammended and discussed above. We feel that the present Board and its Health Agent, Health Nurse and Clerk should be congratulated for their conscientitious and dedicated efforts to provide the best degree of Public Health possible in these swiftly changing times with a very limited budget. We find no present or immediately impending need for the establishment of a Public Health Commissioner. Changes beneficial to the health of the citizens of Weymouth, other than those discussed pre- viously, will surely follow fulfillment of these recommendations. We con- sider ourselves most fortunate as a committee to have had such capable assistance from Dr. Leon Taubenhaus and wish to express our appreciation to all those individuals whose cooperation made it possible for us to gather the information necessary for the completion of this report.
Respectfully submitted, JAMES CAMERON, M. D., Chairman EDWARD CONNOLLY, M.D. LLOYD HAZEN, M. D. EDWARD H. NALBAND, M. D. JOHN O'NEIL, M. D.
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COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss.
SUPREME JUDICIAL COURT WITHIN AND FOR THE COUNTY OF SUFFOLK
NO. 68972 Equity
TOWN OF WEYMOUTH Acting By and Through Its Duly Constituted Agent TRUSTEES OF LABAN PRATT HOSPITAL
-PETITIONER- V. EDWARD W.' BROOKE
AS HE IS THE ATTORNEY GENERAL OF THE COMMONWEALTH OF MASSACHUSETTS, et als.
-RESPONDENTS-
FINAL DECREE
This cause came to be further heard upon motion for entry of a final decree, after the entry of an interlocutory decree over-ruling the respondents' exceptions to the report of the master, and was argued by counsel: and thereupon, upon con- sideration thereof, it is ORDERED, ADJUDGED and DECREED:
1. That it is impracticable to apply the funds received and held by the Town of Weymouth, Acting by and through its duly constituted agent, the Trustees of Laban Pratt Hospital (A Corporation created under authority of Chapter 246 of the Acts of 1946) under the first codicil to the will of the late Laban Pratt (here- inafter called "The Pratt Fund") to the particular purpose stated by the Testator; and that the Pratt Fund is insufficient in amount to permit literal execution of the Trust created by the provisions of said codicil for the construction and main- tenance of a hospital in that part of the Town of Weymouth called Weymouth Heights and in the Neighborhood of the Old North Church;
2. That the Testator in his will and first codicil thereto manifested a general charitable purpose and intent which permits the application of the doctrine of CY Pres;
3. That the Testator's general charitable intent and purpose can most nearly be realized by the construction of a Laban Pratt Memorial Wing to the South Shore Hospital located in the Town of Weymouth.
4. That the Town of Weymouth, acting by and through its duly constituted agent, the Trustees of Laban Pratt Hospital, is holding the Pratt Fund upon a general charitable trust;
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5. That the South Shore Hospital (A Massachusetts Corporation operated as a voluntary non-profit charitable institution) is ready, willing and able to accept the Pratt Fund upon the terms and conditions hereinafter set forth in paragraph 6 hereof;
6. That the Town of Weymouth, acting by and through its duly constituted agent, the Trustees of Laban Pratt Hospital, be, and hereby is authorized, empowered and directed (after payment of counsel fees and reimbursement to the Town of Weymouth for expenses incurred in connection with these pro- ceedings) to transfer and deliver the Pratt Fund to the South Shore Hospital to be held and used by it, in trust, in accordance with and subject to the following terms and conditions:
(a) That the Pratt Fund shall be used to construct an addition to the present South Shore Hospital, such additional structure or structures to contain facilities for not less than forty (40) beds.
(b) That such addition to the South Shore Hospital shall be known as the "Laban Pratt Memorial Wing" and shall be suitably marked by a placque or other- wise.
(c) That if the Pratt Fund is insufficient to cover the cost of such additional structure or structures, the South Shore Hospital shall take all measures neces- sary and appropriate to raise by Public Subscription, Federal Aid, or otherwise, any funds necessary to complete the Laban Pratt Memorial Wing. Such additional financing shall be accomplished within a period of three years from the entry of this Decree, unless such time is extended by further order of this Court.
(d) The Trustees of Laban Pratt Hospital shall not transfer or deliver the Pratt Fund to the South Shore Hospital until the Trustees of the South Shore Hospital have raised the additional finances necessary to construct and complete the Laban Pratt Memorial Wing.
(e) That the Laban Pratt Memorial Wing shall be constructed under the direc- tion of a building committee comprised of the following five members: Two mem- bers chosen from among the Trustees of Laban Pratt Hospital; two members from among the Trustees of the South Shore Hospital, one of whom shall be the Chairman of the Building Committee of the South Shore Hospital; and a fifth member to be appointed by the President of the Board of Trustees of the South Shore Hospital, shall be a member of the Medical Staff of the South Shore Hospital.
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