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HomeMy WebLinkAbout1969-11-17QO2 Child Care Centers Unitarian Cooperative Nursery School Undertakers Licenses John Douglass - New Address Arthur Douglass - New Address Meeting adjourned at 9:30 P.M. Dorothy Jones Clerk, Board of Health BOARD OF HEALTH SPECIAL MEETING NOVEMBER 17, 1969 A special meeting of the Board of Health was held Monday, November 17, 1969 at 7:00 P.M. in the Board of Health Office. Members present were: Dr. William Cosgrove, Chairman; Dr. Charles Colburn, Mr. James Lambie, and Robert C. Heustis, Director of Public Health. The purpose of this special meeting was to discuss with owners/managers & attorneys of Ware Daury, Blue Ribbon Dairy and Cumberland Farms the consistently high milk counts we have had on the milk samples from these plants. At 7:15 P.M. Mr. Lawrence Connors, Mr. Burns, attorney; Mr. Tom Beck, quality control man and the sales manager from WARE Wyandotte Chemical Company came before the Board representing DAIRY George E. Ware Dairy, Inc., Belmont, Massachusetts. MILK COUNTS Dr. Cosgrove: As you know': we have asked you to come ,tonight to explain to us why your bacteria and coli counts on the milk samples taken by us have been running consistently high. We have been quite tolerant but at this point this Board feels that you should tell us why we should continue to allow you to sell milk and cream in Lexington, testing as it does. We have here the results of the last testing done on November 12th and they are good. What have you done to correct your problems? Mr. Burns: If I may I will speak for Mr. Connors. I am an attorney but am not speaking as one tonight. I do represent the executor and trust of the estate of John Connor. Lawrence Connor brought me your letter about 3 or 4 weeks ago but first I would like to give you some back ground to our present prob- lems and I assure you that we have been deeply concerned and have been doing everything humanly possible. John Connor died very suddenly in March of this year. John was the person in charge of the business in the plant and he always took care of these things. Right after that one of our key men was killed in a car accident, this left Lawrence Connor zr 1 1 1 303 trying to do his job and take over the other jobs, too. We have not been able to find a man to do some of this work. I am not a technician and therefore I cannot give you any of the technical problems. We have tried everything we could think of to correct this problem. We have had our quality control man into the plant 2 and 3 days a week, we have been pricing new machines for the past three weeks and the price we have had quoted is forty thou- sand dollars. We looked at machines in New Hampshire and Vermont et eighteen to twenty thousand dollars but even a new machine would not guarantee that these counts would be corrected. We. believe that corrective sanitation will help bring this problem under control. The plant work has had to be reorganized and a strict watch made on all cleaning personel. I am not making excuses, do not think I am, I just felt you should have some background to our problems. We don't feel that the estate can afford a forty thousand dollar machine at this time. Although we have grown considerable since George E. Ware Dairy started in 1940. If you people re- voked our permit to sell milk in Lexington it would hurt our business in other towns, both retail and wholesale, therefore, it is essential that all the technical aspects be considered and we assure you we are doing all that is humanly possible to correct this problem. Mr. Beck: I am the quality control man for this dairy. I am not there full time, I run a commercial laboratory but since this problem has come up I have spent 2 or 3 days a week at the dairy. We have gone over everything and I have noticed a gradual improvement. I think it was sanitation. Dr. Colburn: These counts taken on Wednesday other than the light cream are remarkably good. These counts are the only thing we have to go on. We do have an obligation to the people of Lex- ington, therefore, why should we allow you to sell milk with counts such as you have had. We cannot permit this to go on. Mr. Lambie: These counts are certainly not acceptable. Dr. Cosgrove: Can you tell us why you cannot get these counts down and what do you think we should do. You know we cannot permit this to continue. Mr. Burns: I gave you the back ground of when our problems started. We have shown some improvement in these last counts and I am sure we will continue to improve, It would be entirely up to you gentlemen but I would like to have you grant us a probationary period. We think we have this thing licked at the present time. Dr. Colburn: Everyone of these reports have been forwarded to you, all are in violation. I do lose sympathy when these re- ports continue month after month in violation. Wyandotte Chemical Sales Manager: Since about the middle or end of July I have been working on this problem. We were called in to see if we could locate the problem. The plant was usin just hot water to clean the lines, we did change this and used a 304 BLUE RIBBON MILK COUNTS chemical for the sanitizing operation. We have spent a lot of *104 time impressing on the plant help the importance of washing their hands thoroughly after every operation on the machines, also the importance of cleaning and sanitizing the machines after every operation. Proper cleanliness is a thing you must -be very care- ful about and the ordinary help is forgetful so they must be watched and impressed constantly of the importance of the san- itizing procedures. We will watch this operation very carefully and at the slightest indication of a high count we will find the cause and effect a remedy. I think we have really found most of the things now and as you saw there is some improvement. Mr. Connors: My brother, John, has always handled these matters and with his loss it has been very hard to keep track of everything. I do feel we are now organized where I can keep my eye on these things better. Dr. Cosgrove: How long have you been delivering milk in Lexington? I have been on this Board for 15-16 years and this is the first time I remember having any of you people in. Mr. Connors: I couldn't say, John has always done this before. I know we were having trouble with the heavy cream, we got that cleared up and then it was the light cream. trol? Dr. Colburn: This has to be equipment. II Mr. Lambie: We do need some consistency in this improvement. Mr. Heustis: How many times a week do you do quality con - Mr. Beck: Two or three times a week since this problem has come up.` Mr. Lambie: Well I think.we have all the facts now, we will take this under advisement. Dr. Cosgrove: We will discuss this and let you people know our decision. Mr. Burns: We thank you gentlemen for your courtesy. certainly want to get this cleared up. Mr. Martines, Mr. & Mrs. James Martines, Mr. Joseph Mar - tines and Mr. Francis Smith, attorney came before the Board. The Martines family own and operate Blue Ribbon Dairy. Dr. Cosgrove: Well it was not too long ago you people were in here before. You .solved your problem then and now can you• tell us what has happened in the meantime. Mr.. Smith: I have been doing some legal work for the Mar - tines family and_when this matter came up they called me and asked if I would represent them. I had the whole family come in tonight because this is a family operation. Let me say I am not too familiar with the technical part of this problem but I did want you to see how this is a family operation. As I watched this operation •I was impressed with the way this family is 1 1 1 305 working together to make a living. Now I know in October they have had a new holding tank installed and have also converted to re- frigerated trucks. Mr. Martines explained tome that some of their testing is done by Mr. Howard in Amherst and they did find that with the cream they were pasteurizing into a holding tank and then bottling from the holding tank the counts were not good. This operation has been changed and they now pasteurize the cream and bottle immediately. They have had unfavorable tests from their own laboratories so they have had Leach Laboratory, Rielly Laboratory and Mr. Howard working on this and they think they are getting these problems cleaned up. Dr. Cosgrove: You had problems nottoo long ago, Dr. Colburn and Mr. Heustis went over your equipment. Is it equipment again? Joe Martines: We have been growing very rapidly and with an increase in the business we have had to increase our equipment. This holding tank was over 6 months on order. The persistence of this Board has made us wake up to the fact that as the business grows so must we spend money for proper equipment. We took your suggestion last time and have changed our suppliers which I think helped a great deal. We get as much milk locally as we can but we have expanded so we have had to get some milk from Vermont and New Hampshire. Dr. Colburn What assurance can you give us that we will not be going through this again. Joe Martines: We have been working very closely with the laboratories. Dr. Colburn: If you are going to do business in Lexington you must make sure that the milk is right. We cannot afford to let you go with reports that do not meet the minimum standards. You know our first obligation is to the residents of Lexington. Dr. Cosgrove: I don't have to tell you that we will not put up with this, you know it. After that time that Dr. Colburn and Mr. Heustis went out everything went along fine, so we know you can do it. You know, by your own laboratory reports when these counts go up, so it is up to you people to correct these things immediately. We will take this under advisement and you will hear from us. Mr. Smith: We will certainly see that things are as you want them. Mr. Heustis: If you fix the responsibility of in -plant cleaning, and watch your lab reports carefully you should be able to keep things under control. Mr. Smith: The Martines family has really built up their Lexington business. They now have 3 drivers in Lexington all the time, two other drivers part of the time and although they do not have the school milk this year they will be bidding on the contract again for next year. So they will be doing all they can to produce the kind of milk you want. 306 Mr. Smith and the Martines family thanked the Board and retired. The Board discussed the Ware Dairy and the Blue Ribbon Dairy and it was agreed that both dairies would be given a 2 month probationary period. This would give them 4 weeks to make any corrections necessary and 4 weeks to prove that they can operate in a manner so that their milk will meet minimum standards. Both companies will be notified by letter of this decision. Mr. Hershberg, Quality Control Man, for Cumberland Farm Dairy Stores came before the Board at 8:30 P.M. CUMBERLAND FARMS Dr. Cosgrove: Mr. Hershberg you know the milk counts in MILK the 2 Lexington stores have been bad. We would like to know COUNTS what steps you have been taking to correct this problem and also can you assure us this will continue to be corrected. Mr. Hershberg: I think I should tell you gentlemen I have only been with Cumberland Farms for the past 3 months. There has been a number of steps taken. We have just re- cently started to do our own sampling, prior to that it was done in a laboratory in Rhode Island. I am in the process of changing the coding system which should help a great deal. I have been isolating the products for Lexington but un- fortunately we still have some kind of problem. Mr. Heustis and I have met at both stores and both of us took samples. On one set your laboratory got one set of results and my laboratory got another set of results. This particular set of samples I ran myself so I am pretty sure of the technique. Now I know we are not "lily white" and I know that sometimes these things don't always conform but for the past few weeks I have been keeping a close watch on the products going to the Lexington Stores. The counts I have been getting from the New England Testing Laboratories in Rhode Island and what we have been receiving from your laboratory reports do not add up. Dr. Cosgrove: Where does your milk come from? Mr. Hershberg: From the Canton Plant, we also have a plant in New Hampshire. I really am not making excuses but when I went to work at this plant there was a strike going on and it was very difficult to get things done properly. I have taken the cream and put pink slips on it, tested my own sample and then sent the milk out to the Lexington Store. Let me show you reports I have from other laboratories. Mr. Lambie: There is quite a difference between your laboratory and our reports but we are also talking about reports for the past six months. Mr. Hershberg: I have only been in this position for the past 3 months and when I started the conditions were less than perfect. There was a strike, as I have explained, that is settled now, and I have been able to put on a clean-up crew which should help. We know some of the counts are not good, we are still getting coliform which is not uncommon. 1 1 307 Dr. Colburn: It is high with bacteria counts, and on the coliform we are not talking 2-7 coliforms we are talking 20 -30 - coliform counts per sample. To me there is no need of that. Mr. Hershberg: I can only speak for the period since I came there. Dr. Colburn: We are speaking for the Board of Health and our obligation to the residents of Lexington. Mr. Hershberg: My records show we have improved in the past few months. Mr. Lambie: Your records also show illegal counts. Dr. Colburn: You have been saying our laboratory reports are inaccurate. Mr. Hershberg: I am saying our laboratory results and yours do not agree. I know my laboratory results are accurate but I have seen samples put in coco cola coolers and be tipped over and that could cause trouble. Dr. Colburn: Do you suggest that we are doing something to your dairy products which will give us a consistently high bacteria count when samples are taken the same day from Whitings, Hoods, and other dairies and they test all right or are you suggesting our laboratory man is dishonest or incompetent? Mr. Hershberg: I am not saying of that, I am saying these coco cola coolers could be a problem in keeping the milk at a proper temperature on the way to the laboratory. Dr. Cosgrove: What this all boils down to is that our re- ports of your dairy products have not been good. This must be corrected, do you have any plan or suggestions. Mr. Lambie: Is there any way we can cross check these things for awhile? Mr. Heustis: Of course the perfect condition would be to have the product kept cold and also the coding should be better than you have. Mr. Lambie: As far as I can see there is only one which shows a disagreement. Do you think the trouble is in the trans- portation of the samples? Dr. Colburn: If this evidence from New Bedford is accurate it would indicate that what reports we have had was not. Could your problem be in the distribution of your product from the plant? Mr. Hershberg: New Bedford is farther away from the plant than Lexington, I would think the milk would reach here in better condition. I am perfectly willing to do what you people say to clear this up. 308 CATALD 0 DUMP FOR TOWN OF ARLINGTON Dr. Cosgrove: We have perfect faith in our laboratory work. I am not in a position to do; Mr. Heustis may be able to tell you. the fellow doing to tell you what Mr. Heustis: The difference in the counts should be checked again. Mr. Hershberg: I would be willing to have a third lab called in. Dr. Cosgrove: Why don't you and Mr. Heustis make an arrangement agreeable to both of you? We will make no de- cision immediately and give you time to take 1 dozen samples spread over a period of a few weeks and see if there are any further variations. Mr. Heustis: The difference in the counts of the Mass Avenue and the Woburn Street Store could be stock rotation. Also with the splitting of samples we should be in close agreement. Dr. Cosgrove: Will you gentlemen get together and take the split samples. If the results are the same but still high then you will have to check further for the answer. After further discussion Mr. Hershberg thanked the Board - and retired. Dr. Colburn said he had been checking the last meeting and he noticed the clerk had left of fees for septic tank permits and the filing minutes of the out the amount of subdivisions. The clerk said she had some question as to what was decided. The Board said the permit fee for septic tanks was to be $5.00 plus engineering costs and the same on subdivision approval. Mr. Ralph Cataldo and Mr. Daley, attorney came before the Board to present a written request for a permit to operate a sanitary land fill program on property owned by Ralph and Joseph Cataldo, Bow Street, Lexington. Mr. Daley: This is the same plan we had last time but we have marked in the number of feet of fill that will be used to bring this area up to the greenhouse grade. Using the green house grade as the finish grade we will be filling 12 feet, 18 feet to 21 feet down near the brook. Dr, Cosgrove: Will the Town of Arlington pipe in the brook for you? Mr. Daley: do leave about 4 table to prevent of the brook the of the brook. No, a new town by-law prohibits that but they feet of impervious material over the water any leach into the water table and on the edges land will be about 4 feet higher than the edge w obi 1 1 309 Mr. Cataldo: I met with Mr. Tarbell, Sanitary Engineer from Northeast District Health Office and he was not concerned with the water table but he said if we filled this in as we planned we would have to fill in anything below the brook level with gravel. Mr. Daley: If you people would make your recommendations we will abide by them. Mr. O'Hare, Arlington Superintendent of Public Works, said his legal department says until he has something in writing from you people they cannot act. Mr. Lambie: You said Mr. Tarbell said you would have to use gravel fill, that is not impervious and the waates could leach right through. Mr. Daley: Twelve to eighteen inches of loam on the top but down near the brook there would be the 4 feet of impervious material and of course the water would run down hill to the nearest water course. Mr. Heustis: The inverts of the brook aren't marked. Dr. Colburn: This is not under the Hatch Act because it is agriculture land. Mr. Cataldo: We have the affidavit right there. Mr. Daley: This has been a farm since 1928. Dr. Cosgrove: What if you get this all filled in and then build on it. Mr. Cataldo: It can never be built upon. There is a sewer easement and the brook easement. Dr. Cosgrove: What about the neighbors, have you talked with any of them? Mr. Cataldo: Mr. O'Hara, Arlington Public Works Supt. was coming here tonight but had to go to a selectmen's Meeting. He said this Board should make a list of regulations and then the Town of Arlington will act. Mr. Daley: The Board of Health of Arlington can take no action until after this Board acts. Mr. Cataldo: Mr. O'Hara said we should get recommendations from the Lexington Board of Health and you set forth all the regulations you want. We will get approval from Mr. Tarbell and then we can get a statement from Arlington. Dr. Colburn: I feel we should have a public hearing on this before we grant a permit. Mr. Lambie: I wonder do we have the right to issue this permit if there is a zoning by-law involved. Mr. Daley: This Board has all the authority to establish a public or private dump. 310 Mr. Lambie: What about; the zoning by-laws? Dr. Colburn: I feel we should check with Town Counsel. Mr. Daley: This Board has the exclusive permission. Dr. Colburn: In the absense of zoning information I feel we should have advice from Town Counsel and also have a public hearing and let the neighbors voice their opinions. Mr. Heustis: If there is no hearing the neighbors do have 60 days to appeal. Mr. Cataldo: This is classified as land reclamation. Mr. Daley: We do have to have a permit. Mr. Lambie: Land reclamation, yes, but it is still a dump. Dr. Colburn: I question whether we have the right to grant Arlington permission to establish a dump, it could create a nuisance, who would be responsible to see that all our regulations are followed? Mr. Daley: The Cataldo's will remain responsible and see that the dump is operated as you stipulate in your rules. Mr. Cataldo: That would be the type of contract we would have. Mr. Lambie: I would want to be assured this would not cause a flood situation in Arlington. It seems to me that this is something the Arlington Board of Health and Public Works could give us, we should not have to seek the in- formation. Mr. Heustis: Our approval could be subject to the con- ditions that Arlington Health Dept. and etc. accepts these conditions. We should also specify rodent control, access roads, length of time of operation and any other conditions we deem necessary. Mr. Daley: That is what we really would like, to present to the Town of Arlington. Dr. Cosgrove: I think we had better find out before hand the departments and etc here in town that will be affected by this operation and get their ideas on this. Mr. Heustis: There could be a lot of confusion with whose respinsibility it is if the papers started blowing around on Bow Street. Mr. Daley: It will be the Cataldo's responsibility and they will see that anything you request will be taken care of. Dr. Cosgrove: We will get legal advise from our Town