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HomeMy WebLinkAbout1983-06-13b BOARD OF HEALTH MEETING JUNE 13, 1983 The regular meeting of the Board of Health was held Monday, June 13, 1983 at 7:15 p.m. in Room G-1 (Recreation Office) of the Town Office Building. Members present were: Mr. James W. Lambie, Chairman; Linda Roemer, Ph.D. and Mr. George A. Smith, Director of Public Health. Minutes of the May 9, 1983 meeting were approved as read. The Board discussed briefly that they would like to read the monthly reports from Dave Henley, Superintendent of the East Middlesex Mosquito Control Project. V.N.A. Miss Virginia Brady, R.N., of the Visiting Nurses Association came before the V.N.A. Board at 7:30 p.m. She introduced Susan Kearns, R.N. as the new nurse that will be in charge of Lexington. Miss Brady told the Board that the new contract of the Visiting Nurses with the Town of Lexington will be increased $2.00 per visit more than last year. The services will be the same as last year's contract. The Board thought that was rather a high increase per visit from last year. Dr. Roemer told Miss Brady and Mrs. Kearns that when Town Meeting is in session, the Town Meeting Members are questioning each budget that comes before them more than in the past, and they want more detailed reports from the Town and the organiza- tions that we have contracts with. The Board did question what "health promotions visits" were that the Board of Health pays for. They feel they should have more of an explanation. The Board would like a report stating the reason for the home visits. After further discussion, Miss Virginia Brady and Mrs. Susan Kearns thanked the Board and retired. CHICKEN At 8:00 p.m. Mr. James Kyprianos of 519 Lowell Street came before the Board, with PERMIT his mother, Mary Dugas, in regard to a permit he had filed with the Health Depart- ment to keep some chickens. Mr. Kyprianos had the chickens before he applied for a permit. Mr. Kyprianos explained how he planned to build a coop, etc. Mr. Smith told Mr. Kyprianos that all the abuttors had sent their cards back objecting to his having chickens. Mr. Smith made plans to meet Mr. Kyprianos the next day to check out the property and see what plans he had to build a larger coop to keep the chickens in. After further discussion, Mr. Kyprianos and his mother thanked the Board and re- tired. VERSAI- At 8:20 p.m. Mr. Paul Sidman, owner of the Versailles Restaurant came before the LLE Board in regard to having sidewalk tables and chairs outside of the restaurant REST. to serve food to the patrons. There will be 5 tables and 20 chairs and luncheon will be served from 11:30 a.m. 1 1 1 1 1 3 to 2:30 p.m. and from 2:30 p.m. on their will be light lunches until the dinner trade starts. Mr. Sidman went over all the Board's recommendations with the Board and said it will be no problem that he will abide with all the Board's decisions. This permit will be good until September 30, 1983. The Board suggested that Mr. Sidman file a permit for outside dining separately from his regular inside permit to operate a food service establishment. This way, if it did not work out the permit to operate inside would not be affected at all. Mr. Sidman said he would go into the Health Office in the morning and file. He thanked the Board and retired. Mr. Smith told the Board that the Selectmen/Town Manager had decided to make no comment in relation to Emerson Hospital's Certificate of Need. Mr. Smith said that he had hired a new "health intern" for the Department. After interviewing the applicants he has decided to hire Miss Debbie Motyka to fill the vacancy. Mr. Smith told the Board that Mrs. Ciccolo of 22 Bowker Street has finally con- nected to the Town sewer. Residents of 16 Green Lane had a pesticide Company, Louden of Needham come and spray their trees. People called because some of the pesticides were spilled on the street. Mr. Smith contacted the company and had them come back and clean up the street. Mr. Smith told the Board that there was an article in the Journal of Environmental Health about the Hazardous Wast Day in Lexington. The swimming pools (public/semi-public) are being inspected at this time. There is a house in the Follen Hill area that was being sandblasted by the National Sandblasting Company. The dust, etc. went into the pool of the next-door resident. The sandblasting company had the responsibility of cleaning the pool. The house was never finished being sandblasted. 7 The Board discussed the "No Smoking" regulations for restaurants. They finalized NO the draft of the regulations that was decided upon and the next step will be to SMOKING send them to the restaurants. REGS. Mr. Smith read the By -Law amendment he received from Miss McDonough. She sends it to the Attorney -General and he has 90 days to approve the By -Law. In the meantime, the regulations will be published in the Lexington newspaper and a public hearing will be held. The Board decided to hold a public hearing on Wednesday, July 13, 1983 at 8:00 p.m. in Estabrook Hall. Mr. Smith reported to the Board about the mosquito control activities. He told MOSQUITO them of the different areas the work was being done in and that Mr. Henley, Supt.CONTROL of East Middlesex is going to start collecting mosquitoes for testing next week. The Director also told the Board that the three pamphlets had been distributed to all public elementary schools to be taken home to the parents. A message has been sent to the cable t.v. to put on and he will change the message every week. The Department also sends Mr. Henley a list of the people complaining and the area that they live in. Mr. Smith said the mosquitoes are now laying their eggs in the mud and these mosquitoes will develop in August. Mr. Lambie would like some kind of a report from East Middlesex of what work is being accomplished dollar -wise. The Board feels that is a good idea. Mr. Smith said that Mr. Henley also has a "back pack" spray that they can walk into the woods with and adulticide in swampy areas. Mr. Smith said that he would like Mr. Henley to come to one of the Board of Health meetins soon to talk to the Board. Mr. Smith said a Mr. Robert Peterson from Collaborative Research was over to see him. They want to do some research in Lexington. Mr. Smith said the Town should have more than "just regulations". He said he has spoken to Mr. Peter DiMatteo in regard to a special permit for biological research and Mr. Smith also feels that the Planning Board should be involved. The Board agreed to draft a letter to be sent to various Town Boards including the Board of Selectmen and the Town Manager relative to their concerns on genetic research within the Town. Mr. James Lambie, Chairman, Board of Health has agreed that he would make an initial attempt to draft this letter. Permits signed by the Board (next page). 1 1 1 1 1 1 379 The following permits were signed by the Board: Retail Food Store Highland Farms Markets, Inc. Hancock Market 321 Marrett Rd. 6 North Hancock St. Cumberland Farms #3306 Doran Greenhouses, Inc. 189 Mass. Ave. 150 East Street Gloria Food Store Town Food Store 137 Mass. Ave. 93 Mass. Ave. Concord Hill Market Medi Mart Drug Store 2219 Mass. Ave. 60 Bedford St. Stop & Shop Companies, Inc. Joel's at Lexington Ctr. Candy Store 36 Bedford St. 1740 Mass. Ave. Royal Pastry Shop, Inc. Alexander's Convenient Store 317 Marrett Rd. 335 Woburn Street Li'l Peach of Mass. Colonial Pharmacy, Inc. 1721 Mass. Ave. 1754 Mass. Ave. Food Service Establishments Canteen Corp. at Raytheon Corp. Yangtze River Restaurant 45 Hartwell Ave. 21-25 Depot Square LeBellecour Restaurant Friendly's Ice Cream Store 10 Muzzey St. 1060 Waltham St. Lexington Golf Club Canteen for Raytheon - Research Div. 55 Hill St. 131 Spring St. Servomation Corp. for W. R. Grace Co. Canteen Corp. for Raytheon Executive Bldg. 55 Hayden Ave. 141 Spring St. Peking Garden Restaurant Alexander's Pizza Shop 27 Waltham Street 180 Bedford St. Hancock Market Seilers Corp. for MIT LINCOLN LAB "D" Cafe. 6 North Hancock St. 244 Wood St. (inplant cafeteria) Manufacture of Frozen Desserts Friendly's Family Restaurant 1060 Waltham Street, Lex. Friendly Ice Cream Store 60 Bedford St., Lex. Sellers Corp. for MIT LINCOLN LAB. Main Cafe 244 Wood St. 380 PUBLIC HEARING JULY 13, 1983 RE: NON-SMOKING SECTIONS in restaurants "CLEAN AIR ACT" The Lexington Board of Health held a public hearing on July 13, 1983 in Esta - brook Hall (lower Cary Hall) in regard to "proposed no smoking regulations". Members present were: James W. Lambie, Chairman; Linda Roemer, Ph.D., Michael S. Erdos, M.D., Deborah J. Motyka, Health Sanitarian/Intern and George A. Smith, Director of Public Health. Attending this public hearing were representatives from: Sheraton -Lexington Motor Inn, Raytheon Executive Building Cafeteria, Chadwick's, W. R. Grace Co., Yangtze River Restaurant, Itek Corporation, Arty's Restaurant and Mario's Restau- rant. Several residents, including the people that had put the article into the warrant for Town Meeting, were also in attendance. Mr. Lambie opened the hearing by stating that Town Meeting had passed this By -Law and it comes under the jurisdiction of the Board of Health to draw up a proposal of "No Smoking" regulations to be implemented with restaurants that have 50 seats or more. He explained the Board was having this public hearing to get comments from anyone involved before before the regulations were adopted. A copy of the proposed regulations were passed out to everyone in attendance. Mr. Lambie explained that the Attorney General must approve these regulations and this should be completed and approved by the Fall. The restaurant owners were confused as to who would enforce this. The Board said the managers of the restaurants would have to speak to the customers if they were smoking in a non-smoking section. Ask them to refrain from smoking or move to a smoking section. Some restaurant or cafeteria managers would like to change the percent of seats that they would have to set aside. Dr. Roemer said 25% is a very slight amount of seats. She also said again that the manager should be the one to ask the person to put out the cigarette or move to a smoking section. The manager at Mario's said their restaurant is a very open dining room. He wondered if he could get a variance. Dr. Erdos said 12 seats should be set aside for non-smokers, others would have to wait. The Board stated that on the basic requirement, it would be unlikely that they would give a variance. Robin Ong, Manager of the Yangtze River Restaurant was confused as to who would police his restaurant. 1 381 The Board said to set aside the proper number of seats, mark the area as such for non-smokers. It would not be the job of the waitress or waiter but the manager to see that people comply with this by-law. The Board had added cafeterias to their proposed regulations. The Town Meeting had only specified restaurants. The Board felt that cafeterias should also be included as employees eat there every day and it is a problem for the non-smokers that eat in these cafeterias. Mr. Smith said that he get complaints from employees of the different business but they remain anonymous because they are afraid they will get fired. They find the smoking in the cafeteria very annoying. Most restaurant managers seemed to be afraid to offend their customers. The girl from Chadwick's said people ask them to tell someone tb put out a cigarette and she tells the person that is offended to speak to the smoker themselves. She also feel the penalty should be done away with. She also wants the percentage of seats to be 18% instead of the 25%. It is unclear among the group of managers just who is responsible for the penalty. The penalty (#5) of the proposed regulations, is unclear to the managers of the restaurants. Mrs. Miley, former Selectman, said a Selectman in Acton had gone into a restaurant in that Town and was asked where they would like to sit, (smoking or non-smoking). The restaurant said that business had really improved since he separated these sections. There were several people in the audience that stressed they would prefer to go to restaurants with a non-smoking section. Laura Derby, one of the proponents of the bill, said she doesn't expect restaurant owners to spend large amounts of money on ventilation systems, she is just asking that the restaurant owners set aside a section for those that do not smoke. A discussion took place with representatives of the cafeterias. Some were all for these by-laws, others were concerned about the % of seats being set aside. Roger Marshall from the Raytheon food services, feels that he is in agreement with this by-law. He said that there is a reduction in smoking and that they are taking out 3 cigarette machines because of lack of interest in using them. Dr. Roemer said at the beginning, this will be a trial period to see how things are going. She said we should meet again with the people here to discuss what has happened. I think you will see it is working out just fine, she said. Marshall Derby, one of the proponents, asked since there is going to be a phase-in period, he would suggest that no variances be given during this period. Robin Ong, Yangtze River Restaurant, asked when this will be in effect. Mr. Lambie said that we have no date until the Attorney -General signs the by-law. Mr. Lambie did say that he hopes the restaurants and cafeterias could go ahead now and set this up on their own. Dr. Roemer stated, to those in attendance, that she is one member of the Board that does not believe in variances, they always cause problems. 382 After further discussion, Mr. Lambie asked if there were any more comments. They all said that there was not. Mr. Smith said if there are any comments or suggestions, we would appreciate a letter or written comments. Mr. Lambie told those in attendance that the Board appreciated their coming this evening. Hearing ended at 9:15 p.m. 1 1 1