HomeMy WebLinkAbout1983-06-13 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.
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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
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 BEGS
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
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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)
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
45 Hartwell Ave Yangtze River Restaurant
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)
Sellers Corp for MIT LINCOLN LAB Main Cafe
244 Wood St
Manufacture of Frozen Desserts
Friendly's Family Restaurant
1060 Waltham Street, Lex
Friendly Ice Cream Store
60 Bedford St , Lex
380 0 PUBLIC HEARING
JULY 13, 1983
RE NON-SMOKING SECTIONS
in restaurants
"CLEAN AIR ACT"
The Board Lexingtonof Health
g 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
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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
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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