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HomeMy WebLinkAbout1966-01-03 this free vaccine would be in order, also he had contacted Mr . Collins of the Welfare Office so that he could submit a list of children who would be eligible for this service. The Child Care Center renewal license for the Church of Our Redeemer Kindergarten was signed by the Board. The Health Officer ' s report was checked and the Board CONCORD instructed Mr . Finneran to notify the Concord Dairy, 22 Sud- DAIRY bury Road, Concord Mass . that because of the continued high Coli and Plate Counts recorded on the Milk Analysis Report a series of test would be conducted of their products and if a correction is not made their license to deliver milk in Lexington would be revoked. Willow Farm is also to be notified of the high plate count on the milk analysis report . As there was no further business to come before the meeting the meeting was adjourned at 8 30 P .M. Clerk BOARD OF HEALTH MEETING JANUARY 3, 1966 The regular meeting of the Board of Health was held on January 3, 1966 in the Health Department Office. Members present were Dr . William Cosgrove, Acting Chairman, Mr . James M. West, and James F. Finneran, Director of Public Health . Minutes of the December 6, 1965 Meeting were approved as read. A hearing was held with residents in the Five Field area 12 FIELD RD. who had requested that the Board review the permit granted PONY PERMIT March, 1965, to Alfred Mosley, 12 Field Road to keep one ( 1 ) pony. Mr . Finneran reported that five homeowners, all on Barberry Road, had written requesting a review of this permit. Mr . Trefethen, 23 Barberry Road was the only abuttor to 12 Field Road and at the time the permit was granted he had given his approval . Mr . Nash, 11 Field Road, reversed his no objection statement to objecting to the pony at this time because of a slight increase II of flies and the possibility of vermin. Mr . Trefethen stated that there could be a slight increase in the number of flies but there was no odor from the barn or manure . 88co Q. The hearing was adjourned at 9 00 P .M. and the Board told tO mbg the residents of the Five Field area that they would take this matter under advisement. CUMMINGS Mr . Finneran presented the copies of the letter from Mr. CASE James C. Gahan, Jr . , Attorney for B.L. Cummings , and the Findings Rulings and Order for Decree from Superior Court on the B.L . Cummings Case vs Alfred L. Frechette and Members of the State Health Council . These letters were sent to James Corr , Lexington Police Chief. The Board discussed these findings and Mr . Finneran ex- plained that the Plea was based on the Milk Regulations Board rules and regulations and according to the General Laws the local Boards of Health Rules and Regulations superceed these. The Board instructed Mr . Finneran to contact the State Health Department and see if they were going to file an appeal . They also instructed Mr . Finneran to write a letter to Donald Legro, Town Counsel , requesting advice and counsel pertaining to other statues and regulations under which the milk licensing program of the Board has been effected. This letter to be sent certified, return receipt requested. Mr . Finneran reported that our case against Mr. Cummings in District Court was postponed pending action by the State Health Department . DOCTOR ' S The Board approved the forming of a doctor ' s council as COUNCIL suggestted by Dr . Ellicott. Mr . Finneran was instructed to contact Dr . Pyle and Dr . Ellicott on this matter . CARROLL ' S The hearing in District Court on the Carroll ' s Piggery PIGGERY was reported on. The Carroll Brothers pleaded guilty and were fined $100 00 but the case was continued for a month during which time if the pigs are disposed of the fine will not be imposed. 3 & 6 FAIR- The two cases of over-flowing sewage at 3 Fairbanks Road BANKS ROAD and 6 Fairbanks Road were also heard in District Court . Mr . Finneran reported that the owner of #6 Fairbanks Road had paid his deposit to Public Works but the owner of #3 Fairbanks Road was going to argue the case. Both cases were continued for a month . CONCORD The letter from Ernest Verrill , Vice President of Concord DAIRY Dairy was presented to the Board. Mr . Verrill assured the Board that every precaution would be taken to rectify the pro- blem of the high coliform and bacteria counts in the milk. Mr . Finneran reported that the last two counts taken a week apart were very satisfactory. 89 Mr . John J . Connors , president of Ware Dairy, Belmont WARE DAIRY wrote a letter informing the Board that he had changed his source of supply from Bellows Falls Cooperative Co. to United Farmers of New England, Inc. The letters from Mr . Lincoln Cole, Chairman, Board of COMMON VICTU- Selectmen, regarding Common Victulars Licenses was placed on LARS LICENSES file. Mr . Cole seems satisfied with the present form of reports made by the Director of Public Health. A complaint was received from Electric Sewer Cleaning Co JOHN BRUCCH (Dick Rodenhisor ) regarding an abuse of a sewage truck disposing of sewage at the manhole on Bow Street . Mr . Finneran reported that upon checking the truck registration it was found to be owned by John Brucchi . A letter of warning has been sent to Mr . Brucchi and the Board agreed that when his permit for renewal was reviewed another warning would be sent, or further action would be taken. The subdivision Marrettwood, Section 1 , was approved by MARRETTWOOD the Board for drainage according to the Whitman & Howard re- SECTION 1 port. Mr . Finneran reported that this subdivision will be public sewered. The application for assistance for premature infant Devino PREMATURE was approved for payment by the Board. Mr . Finneran reported INFANT that we would be responsible for 15 days payment and then Mr . DEVINO Devino' s insurance would pay the balance. This will be $ 180 00 that the Health Department will pay at $12 .00 per deim. The animal permit for 1 horse at 23 Rangeway Road was ANIMAL PER- approved. Mr . Finneran reported that Mrs . Anne Butler, owner MIT 23 RANGE of the property, had sufficient area to house and corral the WAY ROAD horse. Renewal permits for Garbage, Rubbish and Sewage were signed by the Board. Mr . Finneran reported that all trucks were inspec- ted and found satisfactory. Meeting adjourned at 9 45 P.M. Clerk 1 0 D" ZO ROAD OFHEALTH MEETING Irani JMUARY 3, 1966 HEARING - HORSE PERMIT, 12 FIELD ROAD Mr . Finneran explained to the Board that a number of residents in the Five Field area had written requesting a review by the Board of a permit granted to keep one ( 1 ) pony by Alfred Mosley at 12 Field Road. Mr Finneran explained that at the time the permit was granted the abuttors at number 8, 9 , 11 , 15, 10 Field Road and 23 Barberry Road were contacted and no objections were received. Mr . Trefethen, 23 Barberry Road, was in Australia at that time but he was co ntacted and the Health Department .has a letter from him stating that he had no objections to the issuing of a permit and hoped that the Board would find it possible to approve the applica- tion . The Board of Health approved the permit at the March lb, 1965 Meeting andsthe permit was issued . On December 20, 19b5 a letter was received by the Board from Mr . & Mrs Trefethen stating that they did not understand what keeping a horse on Mr. Mosley ' s property would involve and requested the Board review this permit again. Letters were also received from Mr . & Mrs . Herbert Weiss , 28 Barberry Road, Mr Samuel Berman, 11 Barberry goad, Pfter Richman, 22 Barberry Road, and Mr. & Mrs . V. A. Katz, 16' Barberry Road. The Board read the letters from these residents and noted that other than asking for a review of the permit only one person mentioned a health complaint . ^ t 7 30 P.M. about 25 homeowners from Five Fields area met in the conference room and the hearing was opened by Dr Cosgrove Mr Finneran gave the background on the issuing of the permit and stated that until this past month he had received no complaints or requests for an inspection. He did an inspection after receiving Mr . Trefethen ' s letter of December 20, 1965 and found that Mr. Mosley was constructing a two story frame barn which consisted of a stall and tack room with storage area on the second floor . Mi . Mosley stated at that time he collected the manure weekly and transported it to the Town Barn, he also stated that he does not allow the pony on the public street . Dr . Cosgrove In the letters received from you people we find no reasons, pertaining to health, why this permit should be withdrawn Mr . West That is right , what are your objections ? Trefethen Unfortunately when we received the letter from Mr . Mosley asking if we had any objections to keeping a pony we did not realize what this would involve. We made the large mistake of writing to the Board of !-ealth giving our per- mission to issue the permit Actually we had an idea the 1. HE!\kIHT 12 FIELD tO D z January 3, 196o pony would be tethered in the yard occasionally. ye did not realize than the grantinrj ot this permit would involvea::o-rals and stables 'a made a lerc;e misLaLe When we arrived in to l nd rror rustralia we received word from the Five Fields Cooperation of 'chat the 1eepinp of a pony involved In ,eptember when we arrived home and reviewed Lhis situation e recretted our earlier action le did notice a slight incre ,se in flies in our home but no other heelth aranlems , definitely no odor of manure Mr •'est "le con only rule on matters of Health and our decisions must be ',,sed on things which endanger the H•-alth ot a community Mr. lest requested that the letters received from the residenLa of Ci \, a Fields rc ardin ! _his situation be read to tIe grouc o / Mr Finneran The letters were read Dr . Cosgrove Pr Trefethen did ;cu notice a great many more flies in your home? Mr. Trefet-ien Ordinarily we would ha„e no flies in the houae This year we did have n few. de could not use our dining oatio in September because of the flies there Mr West ,nyaody else in the area bothered with more flies than usual M'"s 3ishoa I leased Mr Tretethen ' s home the year they were away from Jjly, 1064 to -,eptember, 1965 and I noticed an increase in flies this past summer Mr Cotter , lttorney for Mr Mosley Mr . Trefethen, were these ordinary House flies? Is your dining patio screened or unscreened ' Mr Trefethen Ordinary house flics , and the patio is un,creened Mrs 30ylc , Attorney for Mr Trefethen Mr Trefethen, how far is your Nous from the corral fence? Mr Trefethen I believe we are the closest , we are abut (3') or /0 feet from the fence ' Mrs Bayle Is your house nearest_ to the corral ? Mr Trefethen Yes Mrs . TrefeL en I find it veru repulsive `o look out of my windows on a corral fence and a Dons all the time cr - 1 FILLJ - Januar / 3 , 1 ,;*:..(: tC Mr Cotter May I re -id this letter N,rs . Trefethen wrote to the Mnsleys from rustralia hL,r athey fir,, t requested permission tr J- ren a non !? Permission jranted . Mr . Cotter read a most enthusiastic letter written a ; Mrs . Trefethen regarding the pony for Mr Mosley ' s daughter , Melinda. Mr Trafernea Pt tie time I didn ' t realize wh-2t -ceping a pony involved . I realize I did not have an adequate anderstrinding of keeping a Pow, That is thc reason f- r tail meetinn. Dr . Cosgrove Has tne pony neon loose on an / occasion? tr . Moslb, :Dr! two occasions , once then the bars vere let down on the corral fence and another time when the gate was removed 3nth times the bon, was in the street for a matter of minutes . , before he was brouyht back to the corr.-- 1 pnd secured. I have since Ins tall ' i-. wire liner fcici, in the corral and have replaced the hint.,e3 on the gate. The only other time the pony is out of the corral is when he is out on the truckto go to the trainer ' s The children are not allowed to ride him in the street . Mr . lest Cn1 / H Leith Ji-obl( m so far is the objection to a few flies Is tnere on'/ other objection' hr . 'lash I live at 11 Field 0P,d . I would lireverse my ori in 1 decisin of no objection I have noticed ln increase of flies and a saple could ,,ttrsct vermin Mr . ,est Is anyone here in favor of the non ; hr Molcy I did not as' anyone to appear on my behalf. Mrs . Baile This meeting wo,.; requested because v,a feel this type of noi ( hborhood is unsuitable for keening a aony . Mr West We have had no particular health problem mentioned other than a slight increase of flies . I feel this is a neighborhoold problem that you vent us to settle and we can, as I have said before, act on] , on health problems . Mr . Mosle; I have talLed many times mr Tr-etc-then and have shown him t landscape arciitnet ' s plan for the area once the barn is finished. He will not accent tiem. Mr i,allen Tmn re,- ident of Five Fields Cooperation and would lile to as! a few questions regarding the Common Land in the rear of Mr . Mnsley ' s property hs know, we have a swimming HE 2I'•! 1 - 12 FIFLn 'O/ D -4- January 3 , lqbb pool , s!• atin rin , and n-neral nlaygrcund fcr the children and adults in the area, and this Common Land abutts Mr Mnsley ' s property, Put we were not contacted i' hrn the permit was granted. If '. e hac been cont cted a meeting of th 1oard of Directors would ha\•e h-^n callyd, and a lot more people contacted in regard tc the granting of this permit . Did the Board expect Mr . Mosley to use the Common Lane for riding and crazing this cony when they granted this hermit? Mr Finneran We do not i -sue permits for animals unless we feel tnat the property owners ' land is large enough for the particu- lar animal as stated on the permit. The vacant 1 nd, or Common L-nd, had notninq to do with the issuing- of this permit. Mr . West If the horse is kept in the pen, and the peen is clean, where is the. health menage? Mr Wall =n e :re an abutter and we were not contact d, we are not fi, l ' in about a health menace. Mr Cotter vnur veterinarian made an inspection on Je premises Oe have here his report Mr Mosley gave Mr Finneran Dr . Benton ' s renort. Mr . Finneran Thic is a form used by the veterinarian on his yearly insnectiens , and it rives a blanket anproval of the premises, and states that the animal is in good Physical condi ion Mr 'lest ; 'e have no definite complaints except a few extra flies , the lool of things, and the possibility of vermin Mrs Bayle Has the Board recei"ed a letter rpm Dr Paul ? He is now in Florida , but he has sent a letter regarding this matter. Mr. Finn-ran We have not received any letter yet. Nr ',fest I really feel we are being dr 'wn into a neighborhood argument, and I think f the gentlemen concerned would meet and tall this matter over possibly they could cone to some sort of an agreement Mrs . Bayle You say ,'ou contacted all the abuttors in person Some say j" phone. Mr. Finneran I try to reach everyone by ringing door bells . In some cases it is by phone. I only contact toe immediate abuttors , and in this case received no onposition. Pfter much further discussion regarding the use of the Common Land., the area, etc , Dr Cosgrove declared the hearing closed, and assured all concerned that this hearing wou l d tbe taken under advisement BOARD OF HEALTH ME_ TT ' ' 040 FEDJE Y /, 1tbb I n The regular meeting of the Begird of Health was Monday, � held February / , 1 ob .7 00 P M. in the Health Department Office. Members present were Dr rilliam Cosgrove, 'cline Chairman, Mr James H. Lest, and Mr James F Finneran, Director of Public Elea l r_h. At the request of the Board, Mr. L0gro, Town Counsel , attended this meeting in order to explain and answer any cuestions the Board had regardine the Cummings Case and the rulings of the courts in this case. The Board reviewed the "Findinos, ,2ulings and Order for CUMMINGS Decree" made by Judge Frank W. Tomassello of the Superior Court CAGE on the plea of review by B. L . Cummings, Inc. , petitioner vs . Alfred L. Frechette, i,ommissioner of Public H„alth and all Members of the Public Health Council . Mr. Legro suggested the Board discuss t„e points of this case, and the rulings gist were not clear to teem, and he would try to clarify these things . Dr . Cosgrove Our impression has always been that our laws (Rules and Regulations ) supercede the laws that this Finding was based on. fir L.ecro This case vas not based on your regulations This is the law of this case, and all Findings are binding on the Town 01 Lexington. Mr . West In other words , our laws do not cover tris case. Mr LAgro The local laws are inconsistent sto the Milk Regula- tions Board Laws . I do' L- agree with the Findings . The method of sampling as stated in the Milk -;equlations Board Laws are binding on the local Boards . Neithersthe State H.alth Department Laws , nor the Local health Laws give any specific metnod of sampling, and therefore the Mil Regulation Board ' s Laws must supercede these laws . I have checled this case, and have been in contact with the Attorney General ' s Office, and reouested trey file e plea on this case before Mr . Cummings lawyer files his final decree. Mr . 'lest ipparently they made these Findings in spite of "our good work They did not up-hold the Public Heath Council You sai ; the ' ttorney general ' s Office said theY would appeal . Mr . Finneran fhese Findings can go on until a final decree is filed with the Court Mr Leeero 0 cenrrlarion do not specify the method of sampling, the Mil ! Pegulaticns Board does . If our regulations =a 95 -7 - specified the method of sampling approved by the Mill R,gulations Board, teen our lavas would orevail Mr . Finneran How about State ieeulations regarding an excessive coliform count? Mr . Legro You as Licensee have no control over pant pasteurization Mr. Finneran ;ead our Regulation which states only Pasteur- ized milk ma" be offered for sale in Lexington. Mr. Legro The Mill ;eaulation' Board Lays cool to tais riven situation . Mr. Jest In spite of our ! cenli tionz, and according _o tlis , 'i` can not do our wor! . ste can ' t even enforce tie high bacteria count laws ,=t up by the local and State Health Department Rules . Mr . Legro You must do your sampling according to the Milk Regulations Board Mr Finneren You can ' t correct deficiencies established ±y Public H.--alth !regulations under the Milk Regulation Board kequlations Mr LF,gro There isn ' t any question in m, mind ' ou had a pretty rood record to go on when we appeared before tnc- Health Council . I thin! we got in evidence. c' had to get in to support our poaition. When Mr . Ole", of ' Ialtnam, issued a license with no s-.tpport for his action, and no good sampling, it was the best statement of record we could have. The court should have confined this plea to the records as presented tc _he Public Health Council , but JuHac Tomasselo did not use those records in making these Findin -s . I have -sled Dave 3erman, of the '\ttorne ' "'cnerel ' s Offic-, to file an onpeal on the records of the Public 'H-al `h Douncil Meeting, and he has agreed tnat a plea should be filed when a final decree is made. Mr . Berman also said that the Health Lms were not given any consideration in tiese F;ndincs of the J ego_ There must be a final decree filed based on the facts . I have hinted to Mr . Berman tent possibly h'' cnnld file a final decree based on the Health Lavas I still ay you should sample Mr Cummin-s ' mill , and fol low tie procedures of the Mill Regulations Board. Mr. Finneran I refer to Section 35 of the General Laws in the sampling of mill When I was sampling Mr rumminas ' mil ! , I carried i' it'h re at all times the _,teril er'uinnant in order to salit samples for him He never bothered to ask for a split sample This is required in Section 35 . 96 cr to Mr Legro You could continue to take coliform counts following the Mil ' !regulation Board procedures of sampling. ' You don ' t agree with it. Mr. Finneran Mi ll Regulation Board refers to producers mil ! . It does not have any bearing on the licenses granted by the Local Boards of H- a1th. The Mill. ;'egulation Board can set the bacterin coLnt at 4000 or 5000 and would be upheld, but the law says that local Boards can be more stringent but not less than that which is set un by the State. 'e are designated as the licensing agent by the State. The American Public Hpalth Associ - ation has established the method of shmpling for easteurized mill , and this has been stated as the method in our regulations Our local la'.'s require pasteurized mill . Mr West I feel this Board of H,alth needs help You are only one person, and with ell the other To' 'n wor' you have to take care of, I feel this is too much. I feel we should have a lawyer to take this thing and work it through, it has been held up long enough Mr . Duro I have worked on this case longer than on any other Town nutter, and I have talked with many other Town Counsels and Solicitors , and none of then can offer any help. They just tell me I am beating my head against a wall , but I continue to fight this thing. If this could have been tried, and even if the findings were on behalf of Cummings, then the proper netition for judicial review g,rnntcd to hold the revocation. All our evidence before the Public Health Council was not mentioned in this decree. Did Mr. Cummings apply for a license since the revocition'' Mr Finneran lo, all licenses were renewable Ma / 31 . He has never uopliced for a license since men ember 164 Mr. !lest I feel this has gotten very highly political Mr. Finneran "!gat about the case that is pending in District Court? Mr Cummings pleaded guilty to the first charge. Mr Legro I have suggested to Chief Corr not to lot the case drop Mr . West ghat about the injunction? Mr. L; qro That still stands as is . Mr. West I have calls on this case. ^.m I supposed to say anything?