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HomeMy WebLinkAbout1964-11-234 X-RAY UNIT The notice of the Mobile X -Ray unit for the Public Schools would be in Town on the 5th of November was placed on file by the Board. 834 MASS Mr. Finneran reported that Mr. Carroll had again con - AVENUE tacted the Boston Edison Company in regard to installing a suitable shade on the street light in front of Mr. Edmund Hoxie's home at 834 Massachusetts Avenue and this would be taken care of as soon as a larger shade could be made. FLU CLINIC Mr. Finneran reported that 124 School Personell and 69 Town Employees took advantage of the Flu Clinic held October 14. Meeting was adjourned at 8:00 P.M. SPECIAL MEETING, BOARD OF HEALTH NOVEMBER 23, 1964 A special meeting of the Board of Health was held Nov- ember 23, 1964 at 7:00 P.M. in the Health Department Office. Members present were Mr. R.L. McQuillan, Chairman, Dr. William Cosgrove, Mr. James M. West and Director of Public Health Mr James Finneran. As all Town Board Meetings are opened to the public a representative from the Minute Man Newspaper sat in on the meeting. Mr. McQuillan explained to the Board that this special meeting had been called in order to bring the entire Board up to date on the action and events which have taken place regarding the revocation of the license and special permit issued to B.L. Cummings to deliver milk in the Town of Lex- ington. To review the case full Mr. McQuillan made the fol- lowing statement; A number of years ago Mr. Cummings, a milk dealer, was deprived of his license to deliver milk in Lexington due to the fact that he was dispensing milk which did not meet the Board of Health Regulations and the State Standatds for milk. Mr. Cummings appealed to the Board of Health to restore his license on the basis of hardship and loss of business. His license was restored with the provisions that he would dis- pense only satisfactory milk. Sometime after this his license was again revoked on account of milk which did not meet the Board of Health Reg- ulations and the State Standard for milk. He was taken to Concord District Court for delivering milk without a license and he pleaded NOLO. Again he was allowed to deliver milk in Lexington on probation, and that his milk would be up to State Standards. 49 In September 1964 Mr. Cummings again had his license revoked but he continued to deliver milk in our Town. He was taken into Concord. District Court where he was convicted and fined for del- ivering milk without a license. He again made an appeal to the Board of Health of Lexington and he wasgranted a temporary permit to deliver milk for one month and that during that month his milk would be examined each week and if his milk was up to Standard and conformed to the law he would be granted a regular permit. Each week for the one month that his milk was tested it was found to not meet the Board of Health Regulations or the State Standard and he was informed that he did not have a license to deliver milk in Lexington. Mr. Cummings continued to keep on delivering milk. He was again taken to District Court but NO action was taken due to the fact that Mr. Cummings had appealed to the Superior Court of Middlesex County and an injunction was issued by the judge prohibiting the Milk Inspector of Lexington to interefere with Mr. Cummings in his distribution of milk in our Town. Mr. Cummings is still delivering milk in Lexington in spite of every action taken by the Board of Health. This in face of the fact that Mr. Cummings license has been revoked in two other towns and that two other approved laboratories beside the one of Lexington found Mr. Cummings milk did not meet the State Standard. The Board of Health of Lexington is greatly disturbed in not being upheld in enforcing our Health Laws to keep milk which does not meet State Standard from being given to our children in this Town. In the opinion of the Supreme Court of Massachusetts (Chapter 96, Mass. Law 431, 443) it was stated regarding authority of Boards of Health. "Their action is intended to be prompt and summary. They are clothed with extraordinary power for the pro- tection of the Community from noxious influences affecting life and health, and it is important that their proceedings should be embarrassed and delayed as little as possible by the necessary observances of formalities --delay might defeat all beneficial re- sults." The Board of Health of Lexington are greatly concerned to find themselves restrained by the courts in enforcing our Health Laws regarding milk which does not meet the State Standards and enforcing our Health Laws and Regulations that have been approved by the office of the Attorney General. We are asking our Town Attorney and our Board of Selectmen to give us every assistance possible in having this matter taken to the proper source where we will be upheld in enforcing our Health Laws. I believe our Director of Public Health, Mr. Finneran, has done and is doing everything possible to have our Health taws en- forced. Mr. McQuillan also explained to the Board that he and Mr. Finneran had been to the Attorney General's Office and met with the Assistant Attorney General to discuss and receive legal opin- ions and advice in order to carry on this case in the courts. Mr. West: It is very important that the Board fight this case through. The restraining order served on Mr. Finneran by Mr. Cumming's lawyer should not be allowed to stand without fighting it. Such a thing stripes this Board of its power and leaves us no other axe to grind. I have talked to Mr. Lincoln Cole, Chairman of the Board of Selectmen and he has assured me that we may expect full cooperation from his Board and also all the assistance we require from the Town Counsel. Have we made any indication to the Town Counselthatwe intend to fight this thing, the Town Counsel must be instructed that we must fight this thing and not give in too readily. Mr.McQuillan A letter has been sent to Mr. Legro, Town Counsel, and a copy of that letter was also sent to the Board of Selectmen stating that we wanted to fight this and requesting their cooperation. If we can't do anything we might as well resign because such things as this could mean the Board of Health Laws are useless. One judge in Superior Court is stopping this action by the restraining order placed on Mr. Finneran. Mr. West: I for one will never agree to let this man back in business here in Lexington unless he is found to meet the State and Local Requirements in regard to his milk products. Mr.McQuillan The State Health Department is watching this case very closely, and they will back us as far as they can go. The hearing for Mr. Cumming's Appeal to the State Advisory Health Council is cheduled for December 8, 1964. Dr.Cosgrove Will Mr. Cummings go before this Board and will this hearing be strictly on our case? Mr.McQuillan Yes, It bothers me a great deal when I think of the kind of milk this man is putting out. Mr. West: What if a child got sick on this milk, where would that put this Board and Department. Dr.Cosgrove It is amazing that the thousands of complaints handled by this department over the years regarding Health and especially Health and Safety of the children and now if one child got sick from this milk we would be crucified, yet here we are doing everything legally possible to prevent this and our hands are being tied every place we turn. C�? reftl 1 1 1 Mr. McQuillan We will never know how dirty his milk is everyday he delivers here in Town. Dr.Cosgrove (To Mr. Finneran) When you went to Superior Court did the Town Counsel have you come into the Judge's Chambers where the case was heard. Mr. Finneran I can't say too much because of the restraining order but Mr. Legro did request that I be in the Judge's Chambers and the request was denied. We know that the case homing up tomorrow in the Concord District Court can be acted upon because the complaint was taken out before the restraining order was acted on. The re- straining order is to be in effect until December 7, 1964. Mr. West: I am glad this gentleman is here from the press as that is the only way we have of informing the public what is going on. Press: Did I understand you to say in your statement Mr. McQuillan that two other towns have revoked this man's license to deliver milk and if so could you name the towns? Mr. McQuillan Yes, they are Watertown and Waltham. Mr. West: Those Towns are letting him deliver milk even though they have either not issued a license or revoked his license. Press: I have always understood that where amatter dealt with Public Health or a case had to be settled before a certain time Counsel could request an early hearing and force this case through Superior Court right away. Mr. West: May I see the letter you sent to Mr. Legro? Mr. McQuillan I feel that Mr. Legro is so tied up in Town Affairs he does not have the time to devote to this case. We could request a special lawyer. Press: What if this Concord Case is continued again? Mr. Finneran It shouldn't be, as I understand, a ruling should be made and the case heard.. Even Mr. Gahan, Mr. Cumming's attorney, made the remark that the Concord Case could have a ruling made because the complaint was filed before the restraining order was issued. The Attorney General's Office also made the statement that the case should be heard. Mr. West: Who is Mr. Gahan you have mentioned, he is not the gentlemen who was in to our meeting when this case first started. 52 Mr. Finneran He is a new lawyer Mr. Cummings has obtained. Dr. Cosgrove Possible the other lawyer would not carry on with this case. As you remember he understood our position and when he left here he made the statement that it was entirely up to Mr. Cummings. Mr. McQuillan The Attorney General's Office told us we could go out anytime and have Mr. Cummings arrested for every time he delivered milk and for every quart of milk he delivered here in Town. Mr. Finneran has the restrain- ing order on him now but I can go out as a citizen and make the charge, then the Doctor could do the same thing and then Mr. West could do the same thing. In fact any citizen may make a citizens arrest. Mr. West: When we originally revoked Mr. Cumming's license I stopped his driver delivering milk next door to me and told him who I was and told him to get in touch with Mr. Cummings immediately and report to Mr. Cummings that I had spoken to him. When Mr. Finneran told me about the restraining order and the events leading up to this order I called Mr. Cole, Chairman of the Board of Selectmen, and he assured me that the Board of Selectmen and the Town Counsel would back us 100%. Mr. McQuillan This should prove whether the Health Laws cans be enforced in this Town. Mr. West: We are acting legally in everything we have done, it does not seem possible a restraining order can be put on our representative and enforced. Mr.McQuillan The Attorney for Mr. Cummings, Mr. Gahan, has today taken out a restraining order against Lieutenant Corr of the Police Department on the same basis as the re- straining order against Mr. Finneran. As yet this order has not been served but Lt. Corr was notified by phone late this afternoon of the order. This is the same procedure and is being handled through the same court as Mr. Finneran's order was served. This restraining order is against the individual so that still means one of us can act. Mr. Finneran Lt. Corr told Mr. Gahan when he called that a re- straining order on him did not mean that we would stop. Mr. Gahan told him he would take out a restraining order on the whole Town of Lexington. I have been wondering how long the District Court can keep this up. Press: If they do not hear this case tomorrow will you continue to go back until a ruling is made. cr trt 1 1 1