Loading...
HomeMy WebLinkAbout1964-09-2832 for a Morgan Colt was granted by the Board. The Board instructed Mr. Finneran to instruct Mr. Brucchi that this permission is temporary and that the area must be adequately fenced so that the colt will not become a nuisance to the abuttors. The following Child Care Licenses were signed by the Board: Iris Howard Kindergarten Nancy C. Shock, Kindergarten First Baptist Weekday Kindergarten Lexington Montessore School, Inc. Meeting was adjourned at 8:45 P.M. SPECIAL MEETING BOARD OF HEALTH SEPTEMBER 28, 1964 A special meeting of the Board of Health was held Monday, September 28, 1964 in the Board of Health Office at 7:30 P.M. Members present were Dr. William Cosgrove, Mr. James M. West and Director of Public Health, Mr. James F. Finneran. The purpose of this special meeting was to discuss with Mr. B.L. Cummings and his attorney, Mr. Todd, the action of the Milk Inspector, Mr. rinneran, revoking his license to deliver milk in Lexingtonand the action of Mr. Cummings of illegally delivering milk after his license was revoked. Mr. Cummings came in at 7:30 P.M. Mr. Todd, his attorney had not arrived so the Board granted Mr. Cummings a few minutes delay. At 7:45 P.M. Mr. Cummings came before the Board. Mr. Todd arrived shortly after Mr. Cummings. Mr. West: There are a few things I want to say if the Board does not mind. This Board is made up of three app- ointed members, who work without pay for the inter- est and the protection of the Town. You were legally deprived of your license to deliver milk in Lexington, September 16, 1964. You have been to court once for this charge and fined and still you continue to deliver milk here in Town. I myself caught your driver Saturday, September 26, at 12:35 P.M. delivering milk next door to my home at 6 Angier Road. I spoke to your driver and told him who I was. I feel that this is a downright display of arrogance on your part Mr. Cummings to def the law in this manner. You Mr. Cummings have been in the milk business long enough to know it is a highly competi- tive business and you must realize that part of the cost of this business is an adequate sanitation pro- gram for your equipment and that this is a day to day requirement. 1 1 33 Since we revoked your license I understand Waltham has also sent you notification that they have also revoked your license. Mr. Cummings: Mr. Todd: Mr. West: Mr. Todd: Mr. West: Mr. Todd: Dr. Cosgrove: Mr. Cummings: Dr. Cosgrove: Mr. Todd: I received no letter from Waltham. I have been in the milk business since 1923. Mr. Todd, my lawyer, will speak for me. Tonight we are here primarily to show you the counts we have received on tests made since the license was revoked and ask that this Board re -consider the original action and permit Mr. Cummings to carry on his business in Lexington until the State hearing is held. The publicity of this action by the Board has cost Mr. Cummings a great deal. This Board is very active and a necessary action was taken. Many warnings were issued before we took this action. We have no intention of hurting anyone but we have a responsibility to the Town of Lexington. First and foremost it is necessary that Mr. Cummings be allowed to deliver milk in this Town. Therefore, we submit the results of tests taken by Mr. Leach, Independent Testing Laboratory, additional tests were taken by the Reading Board of Health and the Stoneham Board of Health. I also believe a letter was given to Mr. Finneran by Mr. Cummings from the Arlington Board of Health stating that the plant is in satisfactory condition. Were these tests taken before or after the license was revoked? After the revocation.of the license. I have been a member of this Board for many years and this is not the first time that Mr. Cummings has been before this Board. Just a minute. I am telling you Mr. Cummings, it has been three times that we have revoked your license to sell milk. The first time I took your license away and gave you a ten tative license until the other members of the Board could meet to discuss the case. Mr. Lurvey took your license away in 1959 and took you to court for illegal delivery of milk then. As I remember before you were given back your license at that time Mr. Lurvey worked with you to get your plant in repair. In talking with Mr. Michaels of the Food and Drug Commissions he explained that the type of Bacteria count in the milk is not a dangerous type and the Bacteria counts during May and June, particularly, are very high. Many daries have high counts during the year and as Mr. Michaels said any dairy will have a high count of this pathogenic type Bacteria 34 and he wouldn't classify this as dangerous milk. Mr. Finneran: Yes it is dangerous milk. Mr. Todd: Any dealer in any one day may have a high bacteria count in milk, as I understand it so much depends on refrigeration and etc. that will effect the counts in milk. Mr. Finneran: An occassional high count is not considered hazardous but continually high counts are. Mr. Todd: The tests in this two week period have been okay, weren't they. Mr. Finneran: The count from Waltham in this period was not good. Mr. Todd: The Stoneham, heading and Leach Laboratory were good counts. Mr. West: This still did not give him the right to sell milk illegally. Mr. Todd: He must sell milk or go out of business. It comes down now to what they are doing to Mr. Cummings in this Town. Mr. Cummings: I have had about 5000 dollars worth of business cancelled in this Town already, since the newspaper came out on Thursday the 17th. Mr. Todd: This situation has been aprealed to the State Board and Mr. Michaels commented that he was surprised at the action taken by this Board. Usually when a lic- ense is revoked,a Board does not do anything until after a State hearing if an appeal is made right away. They fo not prosecute a man for selling his milk, they usually let him continue to sell his milk until after the appeal is made. This appeal could take a month before it is heard and this man's business could be destroyed. 1 1 Mr. West: Many things we have to take action on that hurt people, we do not do those things because we want to but we must uphold the law. We are not here to destroy a man's business. We realize the State appeal is pending. Mr. Todd: As I interpet the law, when an inspector of milk shall revoke a license the defendant may appeal to the State Board and then everything is suspended until the appeal is heard. From what Mr. Michaels has said to us that although the counts were high there would be no epedemic sweeping the North Shore. Mr. West: What milk tests were taken after our action. Mr. Finneran: Monday the 21st and some taken on the 16th and 17th by the Reading Board of Health. 35 Mr. Cummings: I would like to say as gentlemen to gentlemen before my counsel arrived you asked how long I had been in the milk business. I said since 1923, my father was in the business before me and his father before him. That's quite a few years in the milk business. I want to say I am not arrogant and I don't operate that way. Mr. West: Did you sell milk today? Didn't you sell milk last week after your notice was received? Mr. Cummings: I did not receive the notice that my license was revoked until 10:30 at night on the 16th. I delivered milk the next morning. By the time I had returned to my office 300 hundred customers had canceled their milk. I tried to reach Mr. Finneran and when I talked to his Secretary at 3:45 P.M. was told he was out of Town. So I immediately got in touch with Mr. Michaels of the Food and Drug Commission. Mr. Michaels was not in but his assistant, Mr. Walsh, dictated the form I should use for an appeal over the phone to me and I sent the appeal in right away. I then tried to contact Mr. McQuillan and he told me he could not see me until the next morning in Mr. Finneran's Office. I asked Mr. Finneran and Mr. McQuillan what I could do to get my license back as soon as possible. Mr. Finneran told me to get a certification from the Board of Health in Arlington regarding my plant and to have morettests taken and if they were all right I could get my license back. I returned Friday Morning and gave Mr. Finneran those things and when I returned to my office I was served with a summons to appear in Concord Court on Thursday. The other milk companies have been showing the articles in the paper to my customers and I am loosing customers every day, if this continues another week I won't need a license. I deliver in 13 towns and cities and this is the only place I have any problems with the bacteria counts on my milk, no other Town has e -Ter taken me to court. I have lost 300 hundred quarts of milk in this Town because of this. I hope that you will see fit to give me back my license so that I may hold the rest of my customers. Mr. , We st : We are not to blame. You have been notified many times of the high counts of your milk. You called the shots by not correcting the situation when Tal were notified. Er. Cummings: If it is punishment you want, let me assure you, I'm going to have a time getting my business back, I have been in this business long enough to know what this can do to me. I called Mr. Walsh, Mr. Michaels assistant and told him of the court, action and he suggested I get in touch with them when I returned and discuss this thing with them. Mr. Todd: At the Advisory Council meeting we intend to lay our cards on the table. Mr. Michaels said if we had some good counts after the action taken by this Board we 36 Mr. Mr. Dr. Mr. Mr. Finneran: Todd: Cosgrove: Todd: Finneran: Mr. Todd: Mr. Cummings: Mr. Finneran: Mr. Todd: could ask for an appeal. He also said when a license was revoked the dealer was allowed to deliver milk until after the appeal was heard. Did he mention any possible date for the appeal? Not until October 13th. This means we should permit this situation to go on. As I deal with this situation and after my talk with Mr. Michaels it is my understanding that no action is taken by the local Board after the license has been revoked if an appeal is made right away. What would be the point of revoking a license if no action was taken2 The action was taken on the strength of the law but your interpertation of the law could put a man out of business and no Statue of Laws is meant to do that. Mr. Michaels said in his opinion there is no law which permits a local Board of Health to revoke a license before a State Hearing. He is of the opinion that the Pure Food and Drug Commission supercedes any local office. Your license was revoked according to Chapter 94 Section 41 of the Massachusetts General Laws and the Rules and Regulations of the Lexington Board of Health. I quoted the things Mr. Michaels said only as back ground. What we really want to know is what will get our license re -issued. I will grant the Boards perrog- ative to revoke the license. Mr. Cummings economically speaking has no other chose but to ignore the law and deliver milk. Now on the basis of the recent counts made by Reading, Stoneham and Mr. Leach would this Board re -consider the revocation of this license and allow Mr. Cummings to deliver milk in Lexington. Mr. Cummings: If I need more counts taken I111 have that done.- What - do you want me to do to get my license back. I know delivering milk without a license is illegal but I�11 have to continue to do -it. Mr. Todd: Mr. Finneran: Just one additional point of information. When Mr. Cummings was in court I had him plead guilty and pay his fine to facilitate the re -issuance of his license rather than have him plead not -guilty and have a long court case. The license was revoked after the plate counts of the 28th of August, they were high but there was also a positive phosphate test which indicates that the milk was not properly pasteurized. 1 1 1 37 Mr. West: What have you done to improve the situation? Mr. Cummings: Er. West: Mr. Finneran: Mr. Todd: Mr. Cummings: Mr. Finneran: Mr. Cummings: Mr. Finneran: Dr. Cosgrove: Mr. West: Mr. Cummings: Mr. West: I have contacted Dean supply company and installed new thermometers on the equipment in the plant. I have changed the washing solution and ordered 2 bar- rells of new washing solution for the washing tubs. I have done everything humanly possible. The cleaning of your equipment is a day to day oper- ation and should be done every day. The Town issuing the plant license is in my opinion responsible for the sanitation of the plant. They should have the responsibility of supervising the plant. That is why the Board of Health of the Town where the plant is located is notified when the counts are high. Most Health Departments check the plant when they receive a report of that nature, because they are responsible for the issuing of the plant license. What is the cost of the tests, possible more of these would help. I don't know what the cost of a single test is. I have the Leach Laboratory do them every month and am billed by the month. I cannot understand you Mr. Finneran, you come into the plant to pick up samples and never once have you looked at the equipment. John Devine from Melrose says my plant is okay. John Devine is a paid consultant for the Town of Arlington. The City of Waltham sent you a letter on September 18th saying your license was revoked, didn't they? Never received any such letter. I talked to John Devine on September 22nd and he said he looked at your plant six (6) months ago and he told me then he could not get anything done, you did not cooperate at all in doing the things that he requested you to do in your plant. Mr. Lurvey worked with you on your plant didn't he, as I remember he spent a great deal of time with you. Your counts have been continually the worst we have on any milk being delivered in this Town. Our actin was a last resort. I have done everything humanly possible. Since this happened I have lost 300 quarts of milk here in Lex- ington and even today there were more. If this continues I won't need a license. I've had customers as far away as Melrose, Revere and Chelsea stop taking milk from me. The minutes of our meeting are public property as they are of any Board here in Town. Anyone may ask to read 9a Mr. Todd: these minutes any time and they may be printed in the paper as public news, we cannot stop that. I think we have covered this matter fully and this. Board must now go into executive session to discuss this situation and make a decission. I hope the Board will reconsider re -issuing this lic- ense on the basis of the recent tests the results of which we presented to you tonight and also the letter from the Arlington Board of Health. Itm sure Mr. Cummings has profited by this situation. We will furnish compliance with any inspection program you require of us. I will say no more and let this rest with your Board. Mr. Cummings talked at great length of his time in business here in Lexington and that he would not do anything to hurt anyone. He would not knowingly give a bad quart of milk to any customer or a dirty quart of milk. Dr. Cosgrove: If you gentlemen will excuse us we must go into an executive session to discuss this problem and I know that Mr. Cummings has another appointment he must keep. Mr. Finneran will contact you gentlemen to- morrow and let you know what decission we bade here tonight. EXECUTIVE SESSION The discussed the facts as presented by Mr. Todd, attorney for Mr. Cummings. Both Dr. Cosgrove and Mr. West agreed that the revoking of Mr. Cummings license to deliver milk was the only alter- native they had at the time but a final decission should be post- poned until the full Board could meet and discuss this matter again. Dr. Cosgrove questioned Mr. Finneran about the statement Mr. Todd and Mr. Cummings made regarding the statement by Mr. Michaels of the Food and Drug Commission regarding the revocation of a license. Mr. Finneran said he as Milk Inspector could revoke a license anytime he deemed it necessary. He felt Mr. Michaels could be referring to a plant license, but under our regulations and Chapter 94 of the General Laws the delivery of milk in a Town is governed by the Milk Inspector of that Town. A motion was made and dully carried that on the basis of the submitted evidence of the new plate counts and the letter from the Arlington Health Department Mr. Cummings would be given a temporary permit to deliver milk in the Town of Lexington pending a meeting of the full Board. This action by the Board does not mean his license has been re -instated, it only means that Mr. Cummings is permitted to service his customers until such time as the full Board can meet and act on this matter. The Board instructed Mr. Finneran to let Mr. Todd, Mr. Cummings attorney, know of this decision of the Board in the morning. 1 1 1