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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. MAW 1 1 ?1I LK 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. 1 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. 1 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. 2 iT 204 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. 0,4 1 1 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 1 2 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. us, cr wm 1 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. 2 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 2O 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 1 1 1 1 1 1 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. 209 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. Z MANI 1 1 2.1.1 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. 212. 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 1 1 1 213 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. 214 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. 1 1