HomeMy WebLinkAbout1968-07-19BOARD OF HILALTH MEETING
JULY 19, 1968
The regular meeting of the Board of Health was held
Friday, July 19, 1968 at 7:00 P. M. in the Selectmen's Room
of the Town Office Building. Members present were R. L.
McQuillan, Chairman, Dr. William Cosgrove, Dr. Charles Col-
burn and Director of Public Health, Robert C. Heustis.
The minutes of the June 14, 1968 meeting were approved
as read.
The violation notice to the Bamboo Hut, Chuck A. Tee, BAMBOO
propietor, was discussed by the Board. Mr. Heustis reported HUT
that the material used on the floor in December had worn
through, evidently the grease and fats used in the cooking
acts as a solvent on the material used. He said he had -ordered
the deck boards they were using in front of the sink be removed
because it is impossible to keep these clean.
The Board asked if any action was necessary at this time.
Mr. Heustis said "No" he had given Bamboo Hut until July
23, to correct the violations, a re -inspection would be made
on that date and he would hope everything would be corrected.
The letter from Dr. Rudolph Fobert was read by the Board.
Dr. Fobert stated, in this letter, that the school committee
had discussed the position of the Dental Hygienist in the DENTAL
schools and had decided not to assume the financial respon- CLINIC
sibility of this position at this time. He also requested that
the Dental Equipment and furniture in the clinic be moved by
mid-August in order that the room could be used when school
is resumed in September.
The letter to iirs. Isabel Finn ,
-,esarding the decision of the school committee was read and
placed on file.
Dr. Cosgrove reported he has had the dental equipment
appraised and has talked to Mr. McArdle, Executive Sec eta:
for the Town of Tewksbury, who is interested in purchasing
some of the equiprent. The Doctor also said 'were -were other
people interested in purchasing some of the smaller iters.
Dr. Colburn. Y cTu ne c` and to w 1 0ne J from this
equipment was paid.
The Clerk explained the money was Raid to the 'oard of
iloalth fx.nd c.. :-: ovo , na Town Treasurer as cash re-
ceipts.
Mr. McQuillan explained to the Board that he would like
to discuss the high milk counts on the Health Officer's report
before the people scheduled for appointments arrive.
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COUNTS Mr. McQuillan went on to say he was very disturbed with
the milk counts and he wondered what could be done about them.
Mr. Heustis said he had sent violation notices to Cumber-
land Farms, Deary Bros., Stop & Shop, Ware Dairy, Blue
Ribbon Dairy after the June lath analysis. He also ex-
plained that the 3 samples of a single kind of milk on the
July 716th analysis, labeled 1, 2, 3 were for official
sampling according to the Milk Regulations Board procethr .
The Board asked if the local health office in the
town where the pasteurization plant was located were in-
formed of these high counts, and had any of them been in
touch with Mr. Heustis.
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Mr. Heustis said "Yes" but to date he has not heard
from anyone. He went on to say that if he had a pasteuri-
zation plant in his town he would check with the plant
immediately if he had received reports such as these.
Dr. Cosgrove asked if he belonged to a health officer's
organization and if so why didn't he bring this up at one
of the meetings.
Mr. McQuillan said he thought that possible a meeting
of the milk dealers would be a good idea, this meeting
would be a closed meeting and then they could discuss this
problem and see if there was an answer to this problem.
The Board agreed and instructed Mr. Heustis to notify the
dealers of this meeting and also to contact Mr. John Con-
don, Laboratory man, to attend. The meeting will be ar-
anged later and the Board notified.
The swab testing on eating utensils were also discussed.
SWAB The Board questioned the continued high counts on the
TESTS frappe machines and the ice cream scoops.
Mr. Heustis explained that the law required ice cream
scoops to be kept in running water while in use. The frappe
machines could gather an accumulation on the lip of the
machine after repeated use. This is just an educational
type procedure.
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Mr. McQuillan asked what he was going to do about it.
I don't believe it is good to have these continued high
counts if nothing is done about correcting them.
Mr. Heustis said he has mentioned these things to
the propietors.
Dr. Cosgrove said he would like to know what the
solution is on the ice cream scoops.
Mr. Heustis said that actually this was an educational
thing, and there was no record of any epidemics being caused
by ice cream scoops of high bacteria from this type of thing.
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Dr. Cosgrove said that wasntt the point he wanted
to know what the solution to the whole problem was.
Mr. Heustis said he had suggested that some of the
dealers keep the ice cream scoops in the freezer,
Mr. McQuillan said he did not like these continued high
counts and he thought something should be done about it.
Mr. Heustis said if he could get into a place before
they served their first customer he would probably find every-
thing all right.
Dr. Colburn said in other words if I was the first cus-
tomer in a shop I could be assured of getting bacteria free
ice cream but if I came in later in the day I would be getting
ice cream that had many more bacteria than was allowed. He
went on to say that in all the reports he noticed we never took
any bacteria counts on ice cream.
Mr. Heustis said we have never done any analyizing on ice
cream. The State checks the ice cream plants.
Dr. Colburn mentioned that ice cream has a different stand-
ard on bacteria counts than other dairy items, they were not
as stringent as for milk, therefore, the bacteria on the ice
cream scoops could come from the ice cream.
The Board discussed this for a few minutes and agreed that
Mr. Heustis should talk to the proprietors of the various food
establishments and see if a solution could be reached on these
things. As the Board pointed out their duty was to protect
all the people in Lexington and when the bacteria counts con-
tinued as they have with the milk and cream and eating utensils
then it was up to this Board to find a solution to the problem.
Mrs. Scigliano, reporter from the Lexington Minute Man
Publication had come in to the meeting during this discussion
and Mr. McQuillan requested that if this portion of the meet-
ing was written up for the paper that no names be mentioned
because furthertesting would have to be done before any defi-
nite statements were made by this Board. Mrs. Scigliano agreed
that she would mention no names at the present time.
Mr. & Mrs. David Nitzberg, 22 Stimson Ave. came before FLUORIDA-
the Board to discuss the fluoridation of the Lexington Water TION
supply.
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Mr. Nitzberg explained he was a biostatitician and was
very much in favor of fluoridation and he wanted to discuss
any plans the Board might have for the fluoridation of water
also as a biostatitician he thought he could be of service
to the Board and he would be very pleased to help in any way
he could so that this program could be started as soon as
possible.
Mr. McQuillan and the Board said they had gone on record
of being in favor of fluoridation, but as they understood the
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law this bill cannot be enforced for 90 days after the
Governor has signed the bill. Also this bill gave the
local Boards of Health the power to have the water fluoridated
but also the Commissioner of Public Health had to approve
the local board's recommendation.
They also went on to say that even though they rec-
ommended fluoridating the water supply for Lexington the
people still had the power to put this question on a ref-
erendum vote.
Mr. Nitzberg: If this went to a referendum vote and
5 to 10% opposed it would a vote of 20% for fluoridation
be required to pass it. Would studies have to be made of
the costs or anything of that type have to be made before
your Board would recommend fluoridation, if so I am here
to offer my services in anyway possible in order to push
this along as fast as we can. As you can see I am very
much in favor of fluoridation.
Mr. McQuillan: We are very much in favor of fluori-
dation, too. I would imagine that Public Works will have
to be contaced. As I understand it, the water is coming
into Lexington in four different sections of Town and Lex-
ington sells water to other places, such as the Air Base,
Metropolitan State Hospital and a few other places so some
of those problems would have to be looked into.
Dr. Cosgrove: The greatest expense is the initial
equipment after that it costs very lettle, about 10¢ per
person.
Mr. Nitzberg: I would think that the raise in water
rates would cover this program. I noticed on our last
bill that the rates were raised, not in dollars and cents
but in reducing the minimum rate from 1 year to 6 months.
Dr. Colburn: We could request public works to assess
the sale of water to others and what effect fluoridation
would have on that, also before we take a public stand we
will have to know how much the equipment will cost and what
the approximate cost of the project will be, and what it
will involve.
Mr. McQuillan: We will have to contact the Commissioner
of Public Health for approval, that we will do right away.
Mr. Nitzberg: Is there anything along these lines that
I can be of any assistance to you.
Dr. Cosgrove: From past experience, I imagine -I when
we do recommend this there will be some opposition then
I can assure you, Mr. Nitzberg, we will need all the help
we can get.
The Board assured Mr. Nitzberg they would start laying
the ground work for fluoridation right away. A letter would
be written to the Commissioner of Public Health and also to
the Superintendent of Public Works in the hope that when this
bill became law the health department would be ready to re-
quest the fluoridating of the Lexington water supply.
The Board thanked Mr. Nitzberg for his interest and as-
sured him they would keep in touch with him and appreciated
his offer to assist the Board in any way he could. The Board
thanked Mr. Nitzberg and his wife for coming in.
The letters to the Board of Selectmen regarding the riding
of horses on the sidewalk and also the letter requesting the HORSES ON
driveway of the L.V.N.A. office be plowed by the Town were SIDEWALK
read by the Board. &
L.V.N.A.
Mr. McQuillan said the matter of the horses on the side- PLOWING
walk had been reported to the police and the Board of Select-
men had agreed that the driveway would be plowed for the
L.V.N.A. as part of the Town 0ffioes as long as they worked
under contract for the Board of Health.
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Mrs. Jones said one of the Funeral Directors have re- BURIAL
quested that Burial Permits be left in the Police Station for PERMITS
week -ends and holidays. She explained she would sign them,
the funeral director could fill in his own permit. This would
be for a convenience only.
The Board said that this arrangement if agreeable to the
Police Department would be all right.
The permit to operate a swimming pool at the Lexington LEX.
Indoor Tennis Club was signed by the Board upon the recommenda- TENNIS
tion of Mr. Heustis. This was anew permit. CLUB
POOL
Renewal permits for the following were signed by the Board:
ITEK Cafeteria -Food Establishment renewal.
Mass. Cafeteria -Food Establishment (Systems Development)
Lexington Manor Nursery & Kindergarten -renewal.
A public hearing was held at 8:15 P.M. on the rules and REGULATION
regulations for public bathing places. These regulations SWIMMING
will be adopted by the Board and then become a part of our AREAS
present regulations.
Although this hearing was advertised in the local paper
there were only five interested citizens attending this hearing.
Mr. McQuillan explained to the group that this hearing was
not necessary according to law but in view of the present prob-
lem with the development of the Lexington "Res" he felt it only
fair that the people have a chance to ask questions and etc.
because these regulations will become a permanent part of our
regulations and other areas that might be developed will be
affected by them.
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Mr. Heustis explained that these proposed regulations
did not apply to any swimming pools now under Article VI of
the State Sanitary Code. These regulations would only apply
to natural swimming areas.
Mr. McQuillan requested that Mr. Heustis read the Gen-
eral Law Chapter 111, Section 31, concerning the adoption
of health regulations by boards of health. This law states
that a board of health may adopt health regulations by a
vote of the board and after these regulations are published
in the local newspaper they are then law.
Mr. McQuillan again stressed that this hearing was for
the peoples information and not necessary for the board to
adopt these regulations. He also explained that the Town
of Winchester had adopted similar rules earlier this year.
Dr. Colburn: Will these rules have to be published
in the paper again?
Mr. McQuillan: Yes, I think we should have them
published again. The first set published were a point of
information for the people, but I think to make sure
everything is legal a second publishing should be made,
this time they can be put in legal print as a legal ad.
Mr. Adamski: Will you people set particular hours that
the swimming areas can be used, such are now used at the
Center Pool, girls one time, boys another etc?
Board: That is entirely up to the Recreation Committee.
Mr. Adamski: I understood the "Res" would be a family
type area. Yet now we understand there is questions about
the area and this will not be developed as soon as we hoped
it would be.
Dr. Colburn: The Board of Health was in favor of the
development of the "Res" and has gone on record stating
that it favored this area if it could be developed in such
a manner to meet the minimum requirements for a bathing
area of this type. We certainly do not want this area de-
veloped and then have to go in and shut it down because it
does not come up to minimum standards.
Mr. McQuillan: This Board is very much in favor of
the development of the "Res". We have met with Mr. Cortel,
the Recreation Committee and the Board of Selectmen a num-
ber of times regarding this. Right now I believe Mr. Cortel
is conducting more tests and as soon as these are completed
will report back to us and we have also requested the aid
of State Engineers in assisting in the development of the
area.
Dr. Colburn: We were called upon to approve the "Res"
area and we made the statement that we would approve this
area if it met the State Standards. The State Engineer
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requested further testing of the area and that is what Mr.
Cortel is doing now. Also, when we were approached on this
area we had no regulations to refer to and use as a guide line
that is why we are adopting these regulations tonight, in
the future we will have something to refer to.
Mr. McQuillan: If we have no further questions at this
time I will have Mr. Heustis read the two regulations to be
added to the ones published in the paper.
Mr. Heustis read the additional regulations to be added
to the regulations as they were printed in the Minute Man
Newspaper. One was on water clarity to be regulation 11, the
other an addition to regulation 2, section D, Permits (see
entire regulations as adopted).
There were a few questions asked about the governing of
the clarity of the water. The necessity of showers and sani-
tary facilities and a few of the safety regulations mentioned
but no objections to the regulations were made by the public
to the regulations as published nor to the additions read by
Mr. Heustis.
Mr. McQuillan: Is there any further questions regarding
these regulations and the two additions as read? If there are
no questions I will ask for a motion that these regulations
be adopted.
As there were no further questions or additions Dr. Col-
burn made a motion that the regulations governing bathing places
be approved and adopted by the Board of Health. Motion seconded
by Dr. Cosgrove and duly passed by the Board.
The following rules and regulations were duly adopted by
the Board of Health on July 19, 1968 and will be published in
their entirety in the Lexington Minute Man Newspaper on July 25,
1968 at which time they will become a permanent part of the
Regulations of the Board of Health adopted November 20, 1953
and all auunendments and additions duly adopted October 26, 1961.
RULES AND REGULATIONS GOVERNING BATHING PLACES
Authority and Scope: The Board of Health of the Town of Lex-
ington, Massachusetts, under the authority of Section 31 and
Section 122 of Chapter 111 of the General Laws of Massachusetts,
and after a public hearing on July 19, 1968, does hereby adopt
the following rules and regulations governing existing and
future bathing places as defined below.
REGULATION 1 - Definitions
A. Bathing Place means all public and semi-public places
where the general public participates in swimming, wading,
bathing and other recreational purposes. This includes
natural places such as lakes, ponds, streams, and rivers,
together with shores, bathhouses, equipment and appurten-
ances, but does not include artifical indoor or outdoor
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swimming pools as defined in Article VI of the
Massachusetts Department of Public Health Sanitary
Code.
B. Operator means any person who
1. alone or jointly or severally with others owns
a public or semi-public bathing place regulated by
these regulations.
2. has care, charge or control of such bathing places
as agent or lessee of the owner or as an independent
contractor.
C. Person means every individual, partnership, corpora-
tion, firm, association, or group, including town,
country or other governmental unit.
D. Board of Health means the Lexington Board of Health,
its Director of Health or its authorized agents or
representatives.
REGULATION 2 - Permits
A. No Person, including any political subdivision of
the Commonwealth, shall establish, operate, or main-
tain any bathing place without written annual per-
mission of the Board of Health. The permit shall
state the number of trained lifeguards required. The
permit shall be subject to the requirements of these
rules and regulations governing bathing places.
B. The operator shall post the permit in a conspicious
location near the swimming, wading or bathing area.
C. All permits shall expire December 31st following the
date of issue, and may be revoked or suspended for
cause at any time by the Board of Health.
D. Applications for a permit shall be made on a form
supplied by the Board of Health and shall show
construction details of the related facilities in-
cluding any proposed water treatment equipment and
any additional information that the Board of Health
may request to determine the suitability of the site
for bathing.
Applications for a permit may be made to the Board
of Health 15 days before the expiration of an ex-
isting permit or otherwise at least 15 days before
the opening of the bathing place.
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REGULATION 3 - Lifeguards
A. The operator shall provide lifeguards holding current
Red Cross Senior Lifesaver's Certification, National
Y.N.C.A. Senior Lifesaver's Certificates or equal.
B. The number of trained lifeguards necessary will be
determined by the Board of health and shall be in
constant attendance during bathing hours and no bather
shall be admitted to the bathing area unless this
number of lifeguards is present.
REGULATION 4 - Safety Equipment
The operator shall provide, in a readily access-
ible location at least one shepards crook pole with
minimum handle length of 12 feet, and two (2) ring
buoys with a. minimum inside diameter of 15 inches
weighing 22 pounds and with a i inch rope attached
which is no less than 50 feet in length. The operator
shall provide additional safety equipment as may be
determined by the Board of Health.
REGULATION 5 - First Aid Equipment
The operator shall provide a standard Red Cross
24 -unit first-aid kit or its equivalent. The telephone
number of local police, fire departments, and hospital
shall be posted in a conspicuous place. A telephone,
other than a pay station, shall be available within 100
yards of the bathing place.
REGULATION 6 - Bathhouse and Sanitary Facilities
A. The operator shall provide for each sex adequate
and seperate dressing and sanitary facilities located
adjacent to every bathing place. Rooms shall be of
ample size and well lighted, drained, ventilated, and
so planned and constructed that good sanitation ca be
maintained throughout the building at all times.
Bathers shall be so routed that the crossing of street,
shoe and wet barefoot traffic is kept to a mimimum.
In general impervious materials and light colors should
be used throughout.
B. The operator of a public bathing place shall main-
tain seperate showers for each sex at convenient location
the number to be determined by the Board of Health.
C. The operator of a public bathing place shall pro-
vide and shall maintain in a sanitary condition, for
each sex adequate water closets at convenient loca-
tions, the number to be determined by the Board of
Health.
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D. The operator of a public bathing place shall
provide and shall maintain in a sanitary condition
at least one wash basin adjacent to each water closet.
E. The operator shall provide a room designated and
equipped for the emergency care of sick or injured
bathers at a public bathing place. The location of
such a room shall be approved by the Board of Health.
Minimum equipment shall include a cot and blanket and
may include the standard 2L -unit first-aid kit re-
quired under Regulation 5.
H. The operator shall provide adequate storage space
for sanitorial equipment and supplies and instructional
equipment.
I. Foot showers or baths are optional.
J. The operator shall be responsible for maintaining
adequate lighting in all parts of the bathhouse, toilets,
and bathing areas by sunlight or artificial lighting, or
both, under all conditions of bathing place use. Arrange-
ments and design of lighting shall allow lifeguards and
attendants to see clearly every part of the bathing place,
walkway, diving platform, and other appurtenances without
being blinded by the lights. All lighting shall be so
installed and maintained as not to create a hazard.
K. All bathhouses, dressing rooms, shower rooms, and
toilets shall be properly and adequately ventilated.
L. The operator shall provide sanitary drinking water
facilities from a source approved by the Board of
Health.
M. The operator shall be familiar with the provisions
of these rules and every other applicable law and
regulation pertaining to bathing places. A copy of
these regulations must be available on the premises
at all times.
REGULATION 7 - Water depth markings.
Water depth shall be plainly marked indicating
non -swimming, swimming and diving areas. Markings
shall be in dark colors on face and side of diving
board platforms, rafts, buoys, floats, or other means
approved by the Board of Health. The boundaries of
the bathing area to be used shall be enclosed with
floats attached by line.
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REGULATION 8 - Diving Boards
A. Diving equipment shall be rigidly constructed
and properly anchored with sufficient bracing to
insure stability under the heaviest reasonable load.
Diving boards shall be of sound construction, free
from splinters or dangerous cracks, and shall be
capable of supporting the heaviest load under con-
ditions of reasonable use. Diving boards and plat-
gdrms shall be covered or finished with durable non-
slip material.
B. No diving board or platform more than 10 feet
above the water level shall be permitted for general
public use in any public bathing place. At least 13
feet free and unobstructed head room shall be provided
above diving boards and platforms.
REGULATION 9 - Bacteriological Quality
The Board of Health shall cause samples of swim-
ming or bathing water for bacteriological analysis to
be taken from the bathing area whenever the Board
considers it necessary. The bacteriological quality
of water shall be considered satisfactory if the water
contains an MPN of coliform organisms not over 2400
per 100 ml.
REGULATION 10 - Orders; Service Content
If an examination or inspection reveals the ex-
istence of a health or safety hazard at any bathing place,
the Board may, as it considers necessary, issue an order
which revokes or suspends a permit. Such an order shall
be compiled with in accordance with its directions and
no person shall be permitted to enter the water of the
bathing place unless and until the permit has been re-
issued or the order has been revoked in writing by the
Board of Health.
REGULATION liiater Clarity
At all times the swimming and wading areas shall
be sufficiently clear to meet the approval and recommenda-
tions of the Massachusetts Department of Public Health
for water clarity in outdoor bathing areas, other than
those listed in Article VI of the State Sanitary Code.
REGULATION 12 - Hearing
The person or persons to whom any order served
pursuant to these rules and regulations has been directed
may request a hearing before the Board of Health by
filing, within 7 days after the day the order was served,
in the office of the Board of Health a switten petition
requesting a hearing on the matter. Upon receipt of such
petition, the Board of Health shall set a time and a
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place for such hearing and shall inform the petitioner
thereof in writing. The hearing shall be commenced not
later than 10 days after the day on which the petition
was filed; provided, that upon application of the
petitioner the Board of Health may postpone the date
of the hearing for a reasonable time beyond such 10 day
period if in the judgement of the Board of Health the
petitioner has submitted a good and sufficient reason
for such postponement.
B. At the hearing the petitioner shall be given an
opportunity to be heard and to show why the order should
be modified or withdrawn.
C. After the hearing the Board of Health shall sustain,
modify, or withdraw the order and shall inform the
petitioner in writing of its decision. If the Board of
Health sustains or modifies the order, it shall be carried
out within the time period allotted in the original order
or in the modification.
D. ? := Every notice, order, or other record prepared by the
Board of Health in connection with the hearing shall be
entered as a matter of public record in the office of
the Board of Health.
E. If a written petition for a hearing is not filed in
the office of the Board of Health within 7 days after
an order has been sustained in any part, each day's
failure to comply with the order as issued or modified
shall constitute an additional offense.
REGULATION 13 - Unconstitutuinality clause
Should any section, item, paragraph, sentence, clause,
or phase of these rules and regulations be declared un-
constitutional or invalid for any reason the remainder
of said rules and regulations shall not be affected
thereby.
Mr. McQuillan toldthe people at the hearing he hoped
everything would work out well for them as far as the 'Res"
was concerned and these regulations adopted tonight would,
he felt, give adequate health and safety protection for the
operation at the 'Res".
During this time Mr. Kula of 66 Spring Street, came into
the hearing, and he did arrive after the regulations had been
adopted (around 9:00 P.M.). Mr. Kula said he had been at
the Cape all day and that was whyhl he was late but he did want
to go on record as saying that he thought this hearing was
government at its worse. He was very much opposed to reg-
ulations and he thought the Board of Health was trying to
kill the whole idea of the "Res" development; asking Mr.
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Cortel to put up a bond that would guarantee that his
recpmmendations would work; requiring showers; and dressing
rooms, and phones within so many feet of the swimming area.
He went on to say that he had just come from Cape Cod and
if these regulations were necessary then the whole of Cape
Cod was contaminated. He went on to say the Board was
actually saying that Cape Cod was completely contaminated.
Dr. Colburn replied we did not say Cape Cod unsanitary,
you just said that.
Mr. Kula said on the face of these regulations that you
have adopted tonight then that is what you are saying. I
cant see that these regulations are necessary for any area.
Mr. McQuillan tried to explain that the regulations were
adopted in order that the people using the "Res when it is
developed and any other place in town that is developed in
the future would have adequate protection, but in other words
Mr. Kula wanted no protection for anybody.
Mr. Kula was very unreasonable and rude in his remarks
and left the Board with the impression that he would not
be agreeable to any regulations.
One of the residents attending the bearing asked if this
was a swimming area why there was a need of showers.
Mr. Heustis answered that this was recommended by the
Board of Health based on the people that would pass from
the swimming area to the locker room and walking in the
sand, etc. It did not mean that it would be necessary to
take a shower before entering the swimming area..
Mr. Adamski asked about life guards.
Mr. Heustis replied that a lot of the questions now being
asked would be up to Mr. Bertini and the recreation committee.
Mr. McQuillan again explained that this hearing was not
necessary to adopt these laws and that was made clear at the
start of the hearing. The only thing necessary is to see that
the "Res" and any other place that may be developed later is
kept safe and clean enough for yours and anyone elses youngsters
to swim in. The public and semi-public pools are checked by
this Board, therefore, a place of this type should have the
same protection. I know as a father and grandfather I would
want my children protected for health and safety. The regu-
lations adopted tonight were published in last weeks paper and
will be published again this week as legal notices and they
are now a part of the Board of Health Regulations. This Board,
the selectmen and the recreation committee are all working together
toward the development of the area of the "Res", but it must
be done in such a way that it will be safe and sanitary for
all people to use it and will not after the town has spent a
number of dollars developing it have to be shut down because
it cannot be kept clean.
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