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MEETING PACKET MAY 2011 ` I • i i 1 C r G r' r G o' F_ L f C C fi r i U W L 4 G-.r—1 y--!W' 1'., €)rJ rJ�J JlJk.J(s!E�f�fJ(-jrj J,J CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET,4"'FLOOR TEL. (978) 741-1800 KIMBERLEY DRISCOLL FAX(978) 745-0343 MAYOR DGR I',I`,N BAU M&ALF.M.CON't 52 D;\VID Giu`fNBi\UN1,RS ri; 'y A(-,,t'IN("f-11",ALT1 i A(;I 1 NOTICE OF MEETING You are hereby notified that the Salem Board of Health will hold its regularly scheduled meeting Tuesday, May 10, 2011 at 7.00 PM City Hall Annex, 120 Washington St. Room 311 MEETING AGENDA 1. Call to order 2. Approval of Minutes from April 12, 2011 3. Appointment of Health Agent 4. Reorganization of Board: Chairperson &Clerk Elections 5. Chairperson Announcements • G. Public Health Announcements/Reports/Updates a. Health Agent b. Public Health Nurse c. Administrative d. Councilor Liaison Zia 7. Update from health agent on trash nuisance complaint, vacant lot at 103 Highland Avenue 8. BOH Exterior Paint Removal Proposed Regulations and RRP A9. Current tobacco regulations and proposed amendment to House Bill #415 that would preempt local P0 Boards of Health from further limiting smoking by local regulation. 10. Miscellaneous 11. djournme avid Green a m Acting Health Agent cc: Mayor Kimberley Driscoll, Board of Health, City Councilors • Next regularly scheduled meeting is June 14,2011 at 7pm at City Hall Annex, 120 Washington Street Room 311 Know your rights under the open meeting law MGL Chapter 39 Section 23B and City Ordinance section 2- 2028 through 2-2033 CITY OF SALEM BOARD OF HEALTH MEETING MINUTES April 12, 2011 • DRAFT MEMBERS PRESENT:Dr. Barbara Poremba, Chairperson, Marc Salinas, Kemith LeBlanc, Martin Fair, &Gayle Sullivan OTHERS PRESENT: David Greenbaum, Acting Health Agent& Councilor Liaison Thomas Furey MEMBERS EXCUSED: Dr. Larissa Lucas TOPIC DISCUSSION/ACTION 1. Call to Order Meeting called to order by Dr. Poremba, Chair, at 7:00pm. 2. Minutes of Last Meeting M. Salinas motioned to accept minutes. 2"d; 4in favor, 0 opposed (March 8, 2011) (Chair abstains per usual custom). Motion Passes 3. Chairperson Announcements Dr.Poremba raised a concern that the approved minutes for the past 3 months have not been posted on the Salem website. There has also been a significant delay in the posting of other minutes and some are still listed as"draft". D. Greenbaum acknowledged that it was his responsibility to make sure that these were done in accordance with the Sunshine Ordinance and that all minutes will be posted accurately in the future. 4. Monthly Reports-Updates A. Administrative Approved. Copy available in office Report B. Public Health Approved. Copy available in office. Nurse Report G. Sullivan stated that the first week in May is teen pregnancy prevention and is the week. On May 4`h, high school students will be encouraged to take the awareness test. The board requested that information/resources regarding teen pregnancy be added to the website. C. Acting Health Approved. Copy available in office. Agent Report A discussion took place regarding the continued requests from Mr.Harrell regarding 117 Lafayette Street. Copies of a correspondence from Paul Halfmann, Assistant Director of the Community Sanitation Program at MA DPH to Mr.Harrell regarding this matter was included in the Acting Health Agent Report. D. City Council Councilor Furey presented 3 points. Liaison Updates 1. Trash Nuisance: He received a phone call from John Lunt at 6 Greenway Rd. The vacant lot at 103 Highland Avenue is a consistent trash problem and rodent problem. He feels the Health Department is not responding to this issue in a timely manner. D. Greenbaum—Orders have been sent in the past and recently. The owners have been complying with orders sent by the Board of Health. M. Salinas suggested adding this to next month's agenda to keep on top of the issue. 2. 101h Anniversary of Smoking Regulation: The Mayor was contacted several times about the 10`h anniversary of The No Smoking Regulation however neither Councilor Furey nor the Board has heard back from the Mayor regarding this matter. Dr. Poremba would like to publicly acknowledge the • members of the board that passed the smoking regulation. 3. Executive Sessions: Councilor Furey cautioned Board of Health members to maintain all discussions in executive sessions remain private until the matter is resolved. He stated that he served on the School Committee for 12 years and has been on the City Council for 14 years. During any executive sessions all discussion needed to remain strictly confidential and shared with no one including spouses. The board appreciates this reminder will strictly comply with maintaining all executive information private until the matter is concluded. M. Fair presented possible amendments to the Exterior Paint Removal • 5. New Business regulation. Shawn Clarke, owner of Water's&Brown, was invited to present input on A. BOH Exterior Paint Removal possible amendments and proposed fines. He stated that there are not enough Regulations and RRP people educated about lead poisoning and that this new regulation will help educate people. He also stated that unless the fines were at least$500, they would not be taken seriously and that the business would just add it into the cost of the job, similar to how parking tickets are viewed. M. Salinas suggested that fines be on a graduated scale for violations of the lead regulations Dr. Poremba stated that it appeared that a fine alone would not be enough of an incentive to insure that the regulations were followed to comply with public health. She suggested that the I" fine be considered a warning and any subsequert violation be accompanied 1 by not allowing the business to receive a wermit in the city for a period of time. All agree that lead poisoning is a serious public health concern and violations should not be taken lightly. M. Fair told the board he will look into the amount we can charge for fines. M Fair will check with Providence, RI about their exterior paint removal regulations and fines and this will be added to May's agenda. Larry Ramdin was interviewed by the board. M Salinas was not present at the last meeting in executive session so he asked some questions of Mr. Ramdin B. Health Agent Interview, including: Discussion and Vote What are your duties in Reading? • What are your thoughts on applying for grants? What are the worst and best parts of being a Health Director? All questions asked by M. Salinas were answered to his satisfaction. Mr.Ramdin asked a few questions of the board What do you expect from this Regionalization Planning Grant? Is the department looking to regionalize administrative services? G. Sullivan-We would be looking into shared services such as that of a nutritionist to work for several communities. D. Greenbaum-The budget was submitted and the Mayor requested a level funded budget proposal for FYI 2. Dr. Poremba asked when Mr. Ramdin would be able to start. He responded that he could be available by May 9"'after completing his Master of Public Health degree his from Northeastern University. Mr. Ramdin was told that he would be contacted about the Health Agent's position and he was excused. G Sullivan—Motion that the Board of Health offer the position of Health Agent to Larry Ramdin pending successful completion of a background check by Human Resources. 2Id 5 in favor, 0 opposed Motion passes unanimously. D. Greenbaum brought the Funeral Director's Licenses to the meeting to be signed by the board members. 6.Miscellaneous 7. MEETING ADJOURNED: 9.02 p.m. Respectfully submitted, • Heather Lyons-Paul, Clerk of the Board Next regularly scheduled meeting is May 10, 2011 at 7pm At City Hall Annex, 120 Washington St.,Room 311. 4 • o CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH • 120 WASHINGTON STREET,4"'FLOOR TEL. (978) 741-1800 KIMBERLEY DRISCOLL FAX(978) 745-0343 MAYOR DG1tIa?NBAUM@SAI,[.,,M.COM DAVID GRF,I'.Nim.UM,RS ACTING HEAL'n-i AGENT Acting Health Agent Report April 2011 Meetings/Trainings 1. Attended a case study regarding an Anthrax investigation in New York and Pennsylvania. Discussed the investigation and epidemiology of an anthrax exposure by the FBI and Pennsylvania Department of Health. 2. Attended a budget meeting with the Mayor. The Mayor requested a level funded budget proposal. 3. Attended a seminar on Personal Protective Equipment at Tewksbury Hospital. 4. Attended the kick off meeting for the North Shore Shared Health Services proposal. 5. Attended a meeting with the City Solicitor, Police and Licensing to discuss a protocol to handle noise complaints regarding establishments • that hold liquor licenses. 6. Attended the North Shore/Cape Ann Emergency Preparedness Coalition meeting. Items discussed include upcoming deliverables and an update from the local state advisory committee. 7. Attended the monthly department head meeting. Significant Communication or Complaints from Residents 1. A letter from Paul Halfmann, Assistant Director of Community Sanitation Program for DPH was received regarding a recent inquiry from Richard Harrell. Attached as Appendix A Inquiries or Reports from the Media NONE Other Public Health Information NONE • APPENDIX A • • . • The ('onlmonwealth Of'Massachusetts Executive ()ffice of Health and I-luman Services =: Department of Public l-lealth Bureau.of Environmental Health • _= Community Sanitation Program 180 Beaman Street r)EiVAL,L.PATRICK West Boylston, MA 01583 GOVERNOR Telephone: 508-792-7880, ext. 2338 '1'IM0"1'L1Y P.MURRAY u,:Lrr1.NANl'GY)VEiRNOR I'acsrrnlle: 508-792-7706 JUDYANN nIGBY,MU I"I Y: 508-935 9796 SECRETARY JOILN A(JER13AC1{ Paul.I-ialfm.an.n(cz�,state.ma.us COMMISSIONER � April n,201 V' V Richard Harrell 2.1 I-feritage Dr.,#23 Salem,M BOARDA 01970 CITY O�F NINTH Re: 117 Lafayette St., Salem,2nd Inquiry Mr.Harrell: I have received your letter dated.March 31,201lasking me once again for my interpretation of the minimum square footage for a bedroom located in a dwelling unit.In my letter dated March 25,20111 answered this question and recommend you review my response. •You also ask,"Will you or someone at MDPH intervene under your own authority and begin to set this matter straight?"Your letter describes the process you used to measure the unit,which is consistent with my interpretation and.,because my interpretation is in agreement with Mr.Greenbaum,there is no justification for the Massachusetts Department of Public health to be involved. Sincerely, / Paut Hal inn Assistantirector,CSP,B II Cc: Steven Hughes,:Director,CSP,BEH David Greenbaum,Acting Director,Salem Health Department 410-Salem-111 Lafayette St-Square Footage-Ind Request 4-4-11 • QL w CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET,4:"FLOOR TEL. (978) 741-1800 ICNIBERLEY DRISCOLL FAx(978) 745-0343 MAYOR DGRF,FNBAUM Q@SAI.IM.COM. DAVID GREENBAum,RS ACTING HEAL n I AGENT Public Health Nurse Report April 2011 Activities Disease Prevention • In contact with North Shore Pulmonary Clinic regarding active cases and case contacts. • Investigated communicable disease cases and reported to the MDPH. Meetings/Clinics • Attended the NSCAEP meeting at the Peabody DPW. • Attended a Personal Protective Equipment Training sponsored by the Massachusetts Department of Public Health. • Attended a North Shore Elders meeting in Salem to discuss elder abuse/neglect issues in our community. A representative from Health, Fire, Police and Council on Aging will meet quarterly to discuss current cases with North Shore Elder Services. A new referral form was present to report new cases and to monitor cases screened in or out by North Shore Elder Services. • Inspected Sacred Harp with Elizabeth Salandrea for 2011 season. A Salem State Nursing student also came on the inspection. Permit issued. • Inspected two tanning salons with Elizabeth Salandrea. A Salem State Nursing student came on the inspection. Permits issued for 2011. • CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH • 120 WASHINGTON STREET,4"'FLOOR TEL. (978) 741-1800 KIMBERLEY DRISCOLL FAX(978) 745-0343 MAYOR DGRFF:NIIAUM@SAI,BM.com DAVID GlM-,NBAUM,RS ACTING HEALTH AGENT MONTHLY REPORT OF CO MMUNICABLE DISEASES APRIL 201 1 DISEASE NEW CARRY OVER DISCHARGED REPORTED CAMPYLOBACTER O 1 0 O HEPATITIS C 1 0 1 1 INFLUENZA O O O 0 GOUP A STREP 1 O 0 1 GROUP B STREP 1 0 1 1 VARICELLA 0 0 0 0 HEP C: CHRONIC 40 Y/O MALE. INVASIVE GROUP A STREP: 44 Y/O FEMALE. HOSPITALIZED. GROUP B STREP: 56 Y/O FEMALE. RECOVERED. INFLUENZA A: 39 Y/O FEMALE. t' N6 � c City Department ' Interagency Referral Form Public Health Today's Date: Date of Incident: Resident Information Name: Sex: Age: Address: Phone #: A enc re ortin circle Fire/Prevention Police Health Building 6 COyA NS Elder Services *Report to all agencies listed below* Fire/Prevention Police Health Building 6000A NS Elder Services Phone/Fax Numbers Department Contact Person Phone# Fax# Fire Chief David Cody 978-744-6990 978-745-4646 Health Tracy Giarla or David Greenbaum 978-741-1800 978-745-0343 Council on Aging Lynne Barrett or Sharon Felton 978-744-0924 X19 14 978-744-7225 Police Officer Robert Phelan 978-744-0171 x224 978-744-5325 Brief description of incident/reason for referral: Signature: Did you file a Protective Service Report with NS Elder Services? Yes No If Yes Date: Time: Pe r Health Department use only: Screened in: e ferred to NS Elder Services Date: Task force member: Screened out: *FAX THIS FORM TO ALL AGENCIES LISTED ABOVE* = The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Public Health Division of Epidemiology and Immunization Clinical Measles Alert Updated May 9, 2011 1. Five New Measles Cases in Massachusetts 2. Reminder of Immunization and Infection Control Guidelines In the past week, five new cases of measles have been confirmed in Massachusetts, ranging in age from 16 months to 65 years. This brings the total for the year to-date to 10. One new case was a visitor from Europe and one had recently returned from Spain. Three of the new cases did not travel and were not exposed to known sick contacts. There are several suspect cases currently under investigation, all without prior travel. All of these confirmed and suspect cases have either unknown or undocumented vaccination history for measles vaccine and we are not aware of any connections between the cases. Taken together, this suggests there are unidentified cases of measles in Massachusetts. Measles among unvaccinated young children has been recently reported as a national problem (hftp://www.cdc.gov/mmwr/preview/mmwrhtmi/mm6Ol3al.htm). The Massachusetts Department of Public Health (MDPH)would again like to remind clinicians of the continued risk of measles, particularly among travelers, and urge you to make sure all of your patients are appropriately vaccinated or have a documented positive titer. Maintaining high two-dose coverage with measles, mumps,and rubella (MMR)vaccination remains the most effective way to prevent outbreaks and limit them if they occur. When cases do occur, strict adherence to control recommendations is critical to prevent transmission. MDPH Recommendations for Heath Care Providers Review the.immunization status of all patients. Ensure that all patients are up-to-date with their MMR • immunizations, including: o Those with exemptions: Re-evaluate the status of those with medical or religious exemptions and offer vaccine, as indicated or appropriate. o New! Travelers: ■. Everyone a 12 months of age should receive two doses of MMR at•.least-28 days apart. ■ Children 6 to 11 months of age should receive one dose of MMR: Since the immune response to doses given before.12 months of age is variable, these children must receive a normal two-dose series starting at age 12 months. • Review the immunization status of all staff now. Ensure all health care personnel meet the latest; more stringent criteria for evidence of immunity for measles, mumps, and rubella. Two doses of MMR are.now recommended for all age groups(see below). • Have a high index of suspicion. Carefully assess all patients presenting with fever and rash and report such suspect cases to your local board of health and the MDPH immunization program (617-983-6800). • Institute control measures promptly. This is essential to prevent spread of disease and to limit disruption at your facility due to vaccination activities, exclusion of staff, etc. o In congregate settings such as schools and colleges, where measles can spread quickly, early recognition, diagnosis, and public health intervention are essential. o Vaccination within 72 hours of exposure to measles can prevent disease. Routine Vaccination Recommendations Massachusetts law requires immunity to measles, mumps, and rubella (MMR)for school attendance. The law allows only medical or religious exemptions to the MMR requirement. In accordance with MDPH regulations, if there is a case of measles, all students and staff who are exposed, and do not have evidence of immunity, will be excluded from school day 5 through day 21 after exposure, including those with medical and religious exemptions. Children. All children >12 months of age should receive their first dose of MMR at the 12-15 month routine health • care visit, and every effort should be made to identify and vaccinate children who are not up-to date. All school- aged children should have two doses of MMR vaccine. • Adults. All adults should have acceptable proof of immunity to measles (see box below). Certain groups at high risk should have received two doses of MMR, such as international travelers, health care workers, and college students. Outbreaks. During outbreaks, all individuals who received one dose of MMR vaccine should receive a second dose. Acceptable Evidence of Immunity 1. Born in the US before January 1, 1957. Exception: For health care workers, year of birth does not constitute acceptable proof of immunity. If • individuals in these groups do not have serologic proof of immunity, they should have 2 doses of MMR. 2. Two doses of measles-containing vaccine, given at least 4 weeks apart and beginning at>12 months of age, and the second dose given prior to or within 72 hours of exposure. (In health care settings, vaccination after exposure will not always guarantee avoiding exclusion.); or 3. Serologic proof of immunity. Note: Ph sician-d iag nosed disease is not acceptable for any group. Recommendations for Health Care Workers (ACIP, 2009) While being born in the US before 1957 is adequate proof of immunity for the general public, it is not acceptable for those working in the health care setting. Unless they have.serologic proof of immunity., all health care workers, regardless of age, should have 2 doses of MMR. New! Health care workers born before 1957 should have 2 doses of MMR (previously, one dose was recommended for this age group) and two doses will be required in an outbreak. Health care workers born in or after 1957 should have 2 doses of MMR. Diagnosis The collection of clinical specimens for measles testing on all individuals with.suspect measles.is extremely:i mportant.­.1 MDPH facilitates free testing at the Hinton State Laboratory. Laboratory tests for acute measles include viral culture of throat or NP swab and urine, and serologic testing for measles-specific IgM antibody on acute perum.specimens.. Commercial laboratory results are not acceptable for public health purposes. Contact an MDPH epidemiologist (available 24/7)at 617-983-6800 for technical guidance on specimen collection, necessary submission forms, and to.. arrange for transportation to the Hinton State Laboratory. Initial Management of Patients with Febrile Rash Illness • Measles is infectious for.4 days before through 4 days after onset of rash (day of onset is day 0). • Assess and screen all patients with febrile rash illness immediately on arrival. . • Escort patients to a separate waiting area or place them immediately in a private room, preferably at'negative pressure relative to other patient care areas. • Both patients and staff should wear appropriate masks/respirators (masks for patients to prevent generation of droplets,and respirators for staff to filter airborne particles). • If not admitted, maintain standard and airborne infection isolation (including while patient is exiting the facility). Patients should be told to remain in isolation at home through 4 days after rash.onset. • Measles virus can remain suspended in the air for up to 2 hours. Therefore, we recommend that the room occupied by a suspect case not be used for 2 hours after the patient's exit: Post-Exposure Control Measures • Identify all exposed patients and staff, including individuals in the waiting and examination rooms at any time while the index case was present and up to 2 hours after, and all staff both with and without direct Patient contact, Due to the airborne route of measles transmission, areas of shared air space well beyond those occupied by the patient may be considered exposed, potentially an entire facility. • Assess all exposed individuals for acceptable evidence of immunity, as outlined in the table above. • Vaccinate all susceptibles. Measles vaccine given within 72 hours of exposure may prevent disease. • Exclude all susceptible contacts from work from day 5 through day 21 after exposure. (If the case is confirmed, even those staff vaccinated within 72 hours should be excluded.) • Surveillance for early identification of secondary cases should be continued for two incubation periods. Reporting Please report all cases or suspect cases of measles to your local board of health and to the MDPH Division • of Epidemiology and Immunization at 617-983-6800. Administration Monthly Report April-II Burial Permits @$25.00 $1,700.00 Permits $1,795.00 Certificate of Fitness@$50.00 $1,200.00 Copies Fines Total Monies Collected = $4,695.00 Annual Budget Expended Finance Dept Total$Transferred on 11/8/10 Available Balance Total Salary/Longevity $337,609.00 0 $218,850.38 $4,571.66 $123,330.28 Money Available For Spending © $2,989.20 Money Available in Purchase Orders $8,974.11 Annual Budget Expended Available Balance Non-Personnel $21,200.00 0 $9,236.69 $11,963.31 Breakdown of money available for soendina Mileage Reimbursements © $2,750.00 Office Supplies $239.20 $2,989.20 i 6 • Public Health Prevent. Promote. Protect. The Honorable Brian S. Dempsey, Chair House Committee on Ways and Means State House Room 243 Boston, MA 02133 April 20, 2011 Dear Chairman Dempsey: • As leaders of local boards of health throughout the Commonwealth of Massachusetts, we call on you to ensure that the final FY12 budget does not include language that will undermine the ability of local boards of health to regulate products that are harmful to the public's health. As the House begins debate on the FY12 budget next week, you will be asked to consider whether to allow a vote on amendment number 415, filed by Representative Michlewitz. We believe that this amendment compromises the authority of local public health departments, represents a step backward in effort to reduce environmental tobacco smoke exposure in the Commonwealth and sends the wrong message to the public about the acceptability and safety of cigars and hookah (Turkish water pipes). Tobacco use continues to be the leading cause of preventable death and disease in Massachusetts.' Tobacco-related illnesses kill approximately 7,800 Massachusetts residents each year and cost the Commonwealth about$6 billion each year in excess health care costs and lost productivity.2 In recognition of the devastating effects of tobacco use, the state . legislature passed the Smoke-Free Workplace Law in 2004. This law had the effect of banning 'Massachusetts Department of Public Health,Health of Massachusetts,2010. Available at: • http://www.mass.gov/Eeohhs2/docs/dph/commissioner/health mass.pdf. 2 Id. � B smoking in most workplaces in the Commonwealth, resulting in 577 fewer heart attack deaths annually than expected in just five years.3 • Since the workplace smoking ban passed, local boards of health have worked to enforce this law and to enact local regulations that provide further protection to workers who are not adequately protected by the state law. As many as 105 Massachusetts communities, including many of the undersigned, have enacted board of health regulations that further restrict use of tobacco products in workplaces.4 These regulations include prohibitions on smoking in nursing homes, private clubs and outdoor areas adjacent to outdoor workplaces such as construction sites and loading docks. In almost 50 communities, local boards of health have passed regulations to ban or restrict operation of smoking bars, including cigar bars. In Boston, which has ten licensed smoking bars,the board of health passed regulations in December 2008 which prohibit new smoking bars from opening and provides a ten-year grace period for existing businesses to close. Cigar bar restrictions have passed in recognition of the fact that cigar smoke is no less harmful than cigarette smoke and that one large cigar contains as much tobacco as a pack of cigarettes and creates a profusion of second hand smoke.5 Allowing smoking bars to continue to operate would undermine the ability of local boards of health to protect their residents and would give the misimpression that cigars are somehow safer than cigarettes. We ask that you consider the 83 percent of Massachusetts residents surveyed in 2008 who indicated support for the smoking ban and 74 percent who said that they "strongly support" restrictions on smoking.6 We must remain faithful to the spirit of the 2004 smoke-free workplace law to ensure that we do not reverse course on progress we have made towards making Massachusetts a healthier place to live and work. We ask that you work to preserve our • ability to protect the residents of our cities and towns from the public health threat posed by smoking bars by removing this language from the final conference report. Sincerely, Diana Stein Leslie Githens, Chair Select Board Liaison to the Board of Health Malcolm Smart David Kaufman MD Board of Health Nancy Gilbert Ashland, MA Board of Health Amherst, MA Philip Leger R.S., Health Agent Board of Health Thomas G.Carbone Athol, MA 3 Massachusetts Department of Public Health Tobacco Control Program,Smoke-Free Workplace Law: 5 Years. Available at: http•//www.mass.gov/Eeohhs2/docs/dph/tobacco control/smoke free law factsheet 5year.pdf. °Massachusetts Department of Public Health Tobacco Control Program.This number reflects regulations in place as of July 1,2009. 5 American Cancer Society,Cigars: Still smoking,still harmful to health. Available at: http:/Iwww.cancer.ors/docroot/PED/content/PED 10 2X Cigar Smoking.asp?sitearga=PED. 6 Kiley&Company poll of 501 Massachusetts voters conducted 1-24-08 to 1-27-08. • i Director of Public Health • Andover, MA Jim Mooney, Health Director Christopher M. Quinn, M.D., Health Officer Christine Connolly Attleboro,MA Director of Health and Human Services Arlington,MA Mary Spinner, Chair Marilyn McMillan Board of Health Bridgewater, MA Ayer, MA Sharon Walker Mastenbrook, MA, MS, RS/REHS Paul J. Canniff, DMD Director of Public Health Board of Health Marlene Johnson, R.S., Health Agent Barnstable, MA Board of Health Burlington, MA Mary Seymour, RN Lea Susan William Risso Board of Health Board of Health Bedford, MA Carlisle, MA Donna L. Moultrup, RN, BSN, CHO Ronald Broman, Chair Director of Health Mary Ann Gray,Vice Chair • Belmont,MA Edward Sheehan Ted Whittaker Richard Berube, Director of Public Health Allen D.Ward, MD Phavy Pheng, Health Agent Judith H. Giorgio, R.S., Health Agent Angela Braun R.S., Health Agent Board of Health Billerica, MA Chatham, MA Barbara Ferrer, PhD, MPH, MEd Susan Rosa, RN, Manager of Healthcare Services Executive Director Richard Day, Director Boston Public Health Commission Board of Health Paula A.Johnson, MD, MPH Chelmsford, MA Chair, Board of Health Boston, MA Luis Prado, MSPH Health and Human Services Department Cynthia A. Coffin, R.S.,C.H.O., Health Agent Chelsea, MA Board of Health Bourne, MA Wendy W. Henderson, R.S. Director of Public Health Louise Kress,Vice-chair Dartmouth, MA Board of Health Boxford, MA Maria Amodei, Chair William B. Moeller, PhD., P.E. • Sandra Wright Board of Health Board of Health Dunstable, MA S � Terence McSweeney, R.S., Chair Dennis R. Lacourse Vincent Flaherty • Health Agent Board of Health Easthampton, MA Hanson, MA Heidi Porter, Director of Public Health Dr. Robert Insley Sean F. Connolly DPM, Chair Board of Health Luisa Dello Iacono, Member Harwich, MA Board of Health Everett, MA Rebecca L. Allen Board of Health Henry R.Vaillancourt Heath, MA Director of Health and Human Services Fall River, MA Bruce T. Capman Executive Health Officer Hingham, MA Ethan Mascoop, MPH, RS Ann McCobb, Health Director/Agent Director of Public Health Patricia J. Duffey,Vice Chair Mike Hugo, Esq., Chair Board of Health Nelson Goldin Holliston, MA Board of Health Framingham, MA Sandra J. Knipe, RN BSN Chair, Board of Health Richard Kirejczyk Hubbardston, MA Board of Health • Grafton, MA Patricia S. Emmons, RN, BSN, NCSN,Chair Board of Health Richard Bombardier,Chairman Hudson, MA Lee Lalonde, Board Member Michael Pandora, Board Member Colleen Fermon Lisa Anderson, Health Assistant Health Agent Board of Health Ipswich, MA Granby, MA Robert Baylis, Chair Gregory Mish, Chair Board of Health David Farnham Lancaster, MA Richard Tessier Board of Health Peter J. Kolodziej, Director Hadley, MA Kimberly A. Kelly, Asst. Director Tri-Town Health Department John W. DeLano, Chair Lee, Lenox and Stockbridge, MA Board of Health Halifax, MA Darlene M. O'Connor, RS Director of Public Health Lynn White MS, FNP, CDE, BC-ADM Debra A. Rigiero, Chair Board of Health Board of Health Hanover, MA Leicester, MA • i . a Jeanmarie Milne • Board of Health Deborah Ketchen, Health Agent Lenox, MA Eileen Hurley, Chair Dr. Mark Sofia Wendy Heiger-Bernays Carol Traynor Board of Health Board of Health Lexington, MA Merrimac, MA Beverly Hirschhorn, MPH,CHO Brian LaGrasse Health Director Public Health Director Longmeadow, MA Methuen, MA Jeanne Spalding Health Officer Middleborough, MA Frank Singleton, Health Director Derek Fullerton, RS, CHO, JoAnn Keegan, Chair Director of Public Health Bill Galvin Board of Health Paulette Renault Carigianes Middleton, MA Board of Health Lowell, MA Paul A. Mazzuchelli, MPH, RS/CHO Board of Health Dr.John Horne Jr. D.M.D, Chair Milford, MA • Dr. Kunwar Singh M.D. Mr.Joseph 0. Danca James M.White,Jr. RS/REHS Board of Health Director of Public Health Malden,MA Natick, MA Betty T. Benn, RN Janice Berns R.N., M.S., Ed.D, Public Health Nurse Director of Public Health Manchester-by-the Sea, MA Tara Gurge, Health Agent Needham Health Department Wayne 0.Attridge Edward Cosgrove,Vice Chair Director of Public Health Board of Health Marblehead, MA Needham, MA Robert Landry M.Ed.,R.S.,Administrator Marianne B. De Souza, R.D.H., B.A., M.S. Board of Health Director of Public Health Marlborough, MA Mary-Ellen Power, Public Health Nurse Dr. Patricia Andrade Karen L. Rose, RN,c., BA, MS Board of Health Director of Public Health New Bedford, MA Nicholas Magliano, MPH, Chairperson David Pladziewicz, MD J. David Naparstek Brian Pinelle, RN Adjunct Assistant Professor of Public Health, • Board of Health Tufts University School of Medicine Medford, MA f Retired Commissioner of Health and Human Board of Health Services Provincetown, MA Newton, MA Andrew G. Scheele, MPH Francis P. MacMillan,Jr., MD Quincy Public Health Commissioner Board of Health Vice-Chair Quincy Licensing Board North Andover, MA Quincy, MA Robert F. Davis, Health Director and Agent Larry Ramdin Don Bates, Chair Administrator Jonathan D. Maslen Reading Health Services Board of Health AnneMarie Fleming RN Philip Leger R.S., Chair Public Health Nurse Board of Health North Attleboro,MA Royalston, MA Leon J. Dumont Gayle Sullivan, R.N., B.S.N., M.S.N., Member Health Agent Board of Health Norton, MA Salem, MA Joan M.Jacobs,Chair Anthony Sciuto Board of Health Board of Health Sigalle Reiss, MPH, RS Salisbury, MA Superintendent/Director • Norwood Health Department Joe Vinard, Chair Norwood, MA Diane Serino,Vice-Chair Stephen J. Rappa Roger W. Mallet Pamela Harris Health Agent Board of Health Orange,MA Saugus, MA Jayne G. Heede, BSRN, M.Ed Jennifer L. Sullivan, R.S., C.H.O., M.S.E.H., Board of Health Director of Public Health Palmer,MA Scituate, MA Stephen S. Kalivas, R.Ph., Member Beth M. Hallal, Health Agent Board of Health Al Smith, Chair Peabody, MA Denise Curzake,Administrative Asst. Board of Health James J.Wilusz, R.S. Seekonk, MA Director of Public Health/Registered Sanitarian Ann Tierney Brian Green MD Board of Health Chair, Board of Health Pittsfield, MA Somerville, MA John B. Livingstone, M.D. Maureen Groden • Asst. Professor, Harvard Medical School Board of Health Southampton, MA Health Director • Walpole, MA Louis Fazen, MD, MPH Chair, Board of Health Steven J.Ward, Director Southborough, MA John H.Straus, M.D.,Chair Barbara D. Beck, Ph.D., Member Sharon Hart, Director of Public Health Board of Health Walter Wolf Watertown, MA Board of Health South Hadley, MA Steven Calichman R.S., C.H.O. Director of Public Health Helen Caulton-Harris Wayland, MA Director of Health and Human Services Springfield, MA Shepard Cohen, Chair Marcia Testa Simonson, MPH, PhD,Vice Chair Harriet Vines, Ph.D. Lloyd Tarlin, MD Board of Health Board of Health Stockbridge, MA Wellesley, MA Sandra J.Gabriel Richard Willecke, Chair Town Sanitarian Board of Health Board of Health Wellfleet, MA Stoughton, MA Lonny W. Ricketts,Chair • Marcia Rising Board of Health Mary E. Cormier Wendell, MA Board of Health Stow, MA Barbara A. Mard, Health Inspector Board of Health Jeffrey W.Vaughan West Boylston, MA Director of Public Health Swampscott, MA Sandy Collins, RN Director of Health Care Services Lou-Ann Clement, C.H.O. Westford, MA Director of Public Health Board of Health Elizabeth E. Swedberg, Head and Health Agent Tewksbury, MA Rita McConville,Assistant Health Agent Gerald J Topping Patricia Glover, M.D., Chair pp g Edward Simoncini Vincent F.Guerra, M.D. Peter Munro Board of Health Board of Health Topsfield, MA Westminster, MA Trish Parent Dr. David Kelley Public Health Nurse/Health Agent Dr. Raymond Jackson Upton, MA Gerald Stadnicki Robin Chapell, R.S., M.S. Board of Health j West Springfield, MA Fran Fortino, Chair • Board of Health Whately, MA Steven Calichman R.S., C.H.O. Health Agent Board of Health Winchendon, MA Derek S. Brindisi, Director Division of Public Health Leonard J. Morse, MD Commissioner of Public Health Chair, Board of Health Worcester, MA Dr. Ravindra M. Nadkarni Board of Health Wrentham, MA • CC: Speaker Robert A. DeLeo Members of the House Ways and Means Committee Chairman Jeffrey Sanchez • SALEM BOARD OF HEALTH • REGULATION #22 WORKPLACE SMOKING BAN (Replacing prior Regulation #22, "Concerning Prohibiting of Smoking in restaurants and Bars) A. Statement of Purpose: Whereas conclusive evidence exists that tobacco smoke causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose, and throat; and whereas the harmful effects of tobacco smoke are not confined to smokers but also cause severe discomfort and illness to nonsmokers; and whereas environmental tobacco smoke [hereinafter ETS], which includes both exhaled smoke and the side stream smoke from burning tobacco products, causes the death of 53,000 Americans each year(McGinnis JM, Foege W, "Actual Causes of Death in the United States", JAMA 1993 270:2207- 2212); and whereas in 2000, the Public Health Service's National Toxicology Program listed environmental tobacco smoke as a known human carcinogen (U.S. DHHS, 2000, citing Cal. EPA, 1997); now, therefore, the Board of Health of the City of Salem recognizes the right of those who wish to breathe smokefree air and establishes this regulation to protect and improve the public health and welfare by prohibiting smoking in workplaces. • B. Authority: This regulation is promulgated under the authority granted to the Salem Board of Health under Massachusetts General Laws Chapter 111, Section 31 that"boards of health may make reasonable health regulations." C. Definitions: For the purposes of this regulation,the following words shall have the meanings respectively ascribed to them by this paragraph: Business Agent: An individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of said establishment. Board: The Board of Health of the City of Salem. City: The City of Salem. Employee: Any person who performs services for an employer. Employer: A person, partnership, association, corporation, trust, or other organized group of individuals, including the City of Salem or any agency thereof, which utilizes the services of one (1) or more employees. t Enclosed: A space bounded by walls (with or without windows) continuous from the floor to the ceiling and enclosed by doors, including, but not limited to, offices, rooms • and halls. Person: Any individual, firm, partnership, association, corporation, company or organization of any kind including, but not limited to an owner, operator, manager, proprietor or person in charge of any building, establishment, business, or restaurant or retail store, or the business agents or designees of any of the foregoing. Private Club: A non-profit establishment created and organized pursuant to M.G.L. Ch. 180 as a charitable corporation with a defined membership and in accordance with 204 CMR 10.02. If a private club holds an alcoholic beverage license, said license shall be a "club license" or a"war veterans club license" as defined in M.G.L. Ch. 138, section 12 and by the Massachusetts Alcohol Beverage Control Commission. Said license is subject to the terms set forth by the local licensing authority. Public place: Any building, facility or vehicle owned, leased, operated or occupied by the municipality, including school buildings or grounds; any enclosed area open to the general public including, but not limited to, retail stores, retail food stores, libraries, museums, theaters, banks, Laundromats, indoor sports arenas, auditoriums, inn/hotel/motel lobbies, private and public educational facilities, shopping malls, common areas of residential buildings, public restrooms, lobbies, staircases, halls, exits, entrance ways, elevators accessible to the public and licensed child-care locations. Retail Food Store: Any establishment commonly known as a supermarket, grocery store, • bakery or convenience store, or any other establishment that offers food items to the public for off-premises consumption. Retail Store: Any establishment whose primary purpose is to sell or offer for sale to consumers any goods, wares, merchandise, articles or other things. Retail Tobacco Store: An establishment that neither possesses nor is required to possess a retail food permit; whose primary purpose is to sell or offer for sale tobacco products and tobacco paraphernalia and for which the sale of other products is merely incidental; that maintains a valid permit for the sale of tobacco products issued by the Board of Health; and prohibits the entry of persons under the age of 18 at all times. Smoking: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other tobacco product in any form. Workplace: Any enclosed area of a structure or portion thereof at which one (1) or more employees perform services for their employer. • D. Smoking Prohibited: 1. Smoking is prohibited in all workplaces and public places except as allowed in Section F. of this regulation. 2. It shall be unlawful for any employer or other person having control of the premises upon which smoking is prohibited by this regulation, or the business agent or designee of such person, to permit a violation of this regulation. E. Posting notice of prohibition: Every person having control of premises upon which smoking is prohibited by and under the authority of this regulation shall conspicuously display upon the premises "No Smoking" signs provided by the Massachusetts Department of Public Health and available from the Salem Board of Health or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) and comparable in size to the sign provided by the Massachusetts Department of Public Health and available from the Salem Board of Health. F. Exceptions: Notwithstanding the provisions of Paragraph D of this regulation, smoking may be permitted in the following places and/or circumstances: 1. Private residences except those portions used as a child care or health care office when operating as such. 2. Hotel and motel rooms rented to guests that are designated as "smoking rooms", provided that at least 75% of the rooms are smokefree at all times. A room so assigned shall have signs posted indicating that smoking is prohibited therein and shall have self-closing doors. No change in room designations shall take place without prior written approval of the Board of Health. 3. Private or semiprivate rooms of nursing homes and long term care facilities, which are separately ventilated, occupied by one (1) or more patients, and all of who are smokers who have requested in writing to be placed in rooms where smoking is permitted. 4. Private clubs that have a cap on all types of memberships; where key access is required for entry; where all employees are members; provided that there shall be no smoking in any part of the building when any part of the building is being used for a function open to the public or when any part of the building is used for a private social function other than club functions and at members-only functions unless the following conditions are met during such a function: • Smoking occurs only in those area(s)that are members only • Such an area, or areas, is physically separated from the rest of the building by • floor to ceiling walls and self-closing doors • Members only area is under negative pressure in comparison to function area • Such an area, or areas, has a separate working ventilation system • Such an area, or areas, has separate make-up air • All building code requirements must be met Private clubs established after the passage of this regulation shall not be considered an exception. 5. A Retail Tobacco Store separated from other establishments by a solid wall or self- closing door, all of whose entry doors bear a sign of dimensions at least 12 inches by 6 inches stating, "No one under the age of 18 is allowed." Retail Tobacco Stores established or sold after the passage of this regulation shall not be considered an exception. 6. Open-air outdoor or sidewalk seating, provided that a) said area is not artificially heated or cooled; b) said area is not enclosed, except for one side which may adjoin the building; c) the outdoor space and the indoor space are, where they adjoin, separated by a solid wall and self-closing doors such that smoke cannot enter the indoor space; and d) customers carry their own food and/or drinks to the area and are not served in this area by wait staff. G. Violations: • Any employer, or his or her business agent, who violates any provision of this regulation, the violation of which is subject to a specific penalty, may be penalized by the non-criminal method of disposition as provided in Massachusetts General Laws, Chapter 40, Section 21 D or by filing a criminal complaint at the appropriate venue. It shall be the responsibility of the employer, or his or her business agent, to ensure compliance with all sections of this regulation. The violator shall receive: 1. In the case of a first violation, a fine of one hundred dollars ($100.00). 2. In the case of a second violation within 24 months of the date of the first violation, a fine of two hundred dollars ($200.00). 3. In the case of three or more violations within 24 months of the current violation, including the current violation, a fine of three hundred dollars ($300.00). H. Enforcement: The Board of Health and its designees shall enforce this regulation. The Board of Health and its designees may inspect an establishment for compliance with this regulation during routine code enforcement inspections and/or during periodic, • I . a unannounced inspections of those establishments subject to this regulation. Any citizen • who desires to register a complaint under this regulation may request that the Board of Health initiate an investigation. I. Severability: If any paragraph or provision of this regulation is found to be illegal or against public policy or unconstitutional, it shall not affect the legality of any remaining paragraphs or provisions. J. Conflict with Other Laws or Regulations: Notwithstanding the provisions of the foregoing Paragraph D of this regulation, nothing in this regulation shall be deemed to amend or repeal applicable fire, health or other regulations so as to permit smoking in areas where it is prohibited by such fire, health or other regulations. K. Effective Date: This regulation shall be effective as of January 1, 2004 As voted by the Board of health on May13, 2003 with a vote of 3 in favor, 1 abstained, and the Chair abstained as is custom except to break a tie. • Amended December 16, 2003 to allow smoking in private clubs with conditions; and in outdoor restaurant areas not served by wait staff with a vote of two in favor, one opposed, the Chair abstained as is custom except to break a tie. Christina Harrington, Chair Date Municode Page 1 of 1 is Sec. 44-41. - General operating standards. • (a) No person driving a taxicab shall refuse to extinguish any lighted cigarette, cigar, or pipe at the request of any passenger carried therein. (b) No taxicab shall be stopped to take on or to discharge passengers at any place on any street except at the curb. (c) Every driver of any licensed taxicab shall report to the police department any suspicious actions of passengers or conditions that he may observe. (d) No person operating a taxicab shall establish and maintain therefor any route between fixed terminals under a reduced fare calculated to compete with a motorbus or street railway service. (e) The owner of a licensed taxicab must keep,on a form approved by the police traffic division, and produce upon demand of the form by the chief of police or his designee, a record of all trips made by the vehicle and containing all information requested on such form for a period of 90 days. (f) All complaints and violations of this article against taxicab drivers and owners by the public or police officers shall be brought before the city council,who shall hear the facts, and if the taxicab driver or owner is found guilty of the complaint or violation, the committee may suspend or revoke the license of the offending driver or owner. (g) Any person violating any of subsections(a)through (f)of this section shall forfeit and pay a fine not exceeding $50.00 for each offense, and any licensed owner or driver who violates any of subsections(a)through (f)of this section shall thereupon, in addition to such penalty, become liable to suspension or forfeiture of his license and may be disqualified to hold a license thereafter. (h) All owners and drivers of taxicabs shall be subject to such further rules, orders, and regulations as may be set forth by the city council. (Code 1973,§31-40) • http://library.municode.com/print.aspx?clientID=l 1521&HTMRequest=http... 4/28/2011 Page 1 of 2 David Greenbaum • From: Barbara Poremba [bporemba@salemstate.edu] Sent: Thursday, April 28, 2011 12:25 PM To: David Greenbaum Subject: FW: All is not what it seems Hi David, Please print this original email and include in the packet for submission into the records. I have not heard back from Joyce re: her comments, how other communities are dealing with this and any suggested actions for enforcement. If you could follow-up on this, I would greatly appreciate it. TY, Barb From: Barbara Poremba Sent: Thursday, April 21, 2011 4:47 PM To: 'Ken and Connie' Subject: RE: All is not what it seems Thank you for your information. I will contact Joyce Redford of Tobacco Control and bring this letter to the attention of the board. TY, Dr. Barbara Poremba, Chairperson Salem Board of Health 120 Washington St. Salem, MA 01970 • bbporemba@hotmaii.com From: Ken and Connie [mailto:gt31416@verizon.net] Sent:Thursday, April 21, 2011 3:57 PM To: Barbara Poremba Subject: All is not what it seems Good afternoon Dr. Poremba: Re:The Salem News,Thursday,April 21, 2011, Opinion page, page 13,your Letter to the Editor, "City still a leader in protecting public health." I certainly applaud your effort as a dedicated worker in Public Health, but my experience in dealing with the city of Salem in matters of public health has not produced results similar to yours. Perhaps my telling will give you a different perspective. I served for many years as a member,Secretary, on the Commission on Disabilities. We addressed all aspects relative to the safety and health concerns of persons with a disability. But one area refused to gain recognition from the current administration. I speak to transportation,specifically the use of vehicles for hire in this city. Cabs! When the Public Health of the Commonwealth enacted the State smoking ban. It also provided for a little known but vital service to the public and that was smoking in cabs. It states that there shall be NO smoking in a vehicle for hire either with passenger((s) or at standing.The idea of course is to maintain an interior free of residue that • is of a carcinogen nation. I need not go into details with you.To this day this public health mandate is violated on a daily basis. Cabs for the most part are the necessary means of travel for a population that cannot afford to provide 5/3/2011 Page 2 of 2 for themselves.This is the same population that has many medical concerns and can least afford to be unnecessarily exposed to this hazardous environment. The solution is an easy fix, it just lacks implantation. It's called enforcement. • Thank you, Kenneth Bonacci Salem, Ma. 01970 • • 5/3/2011 Page 2 of 2 for themselves.This is the same population that has many medical concerns and can least afford to be unnecessarily exposed to this hazardous environment. The solution is an easy fix, it just lacks implantation. It's I, called enforcement. Thank you, Kenneth Bonacci Salem, Ma.01970 • • 5/3/2011 Page 1 of 2 David Greenbaum _.. . --- From: Barbara Poremba [bporemba@salemstate.edu] • Sent: Thursday, April 28, 2011 12:25 PM To: David Greenbaum Subject: FW: All is not what it seems Hi David, Please print this original email and include in the packet for submission into the records. I have not heard back from Joyce re: her comments, how other communities are dealing with this and any suggested actions for enforcement. If you could follow-up on this, I would greatly appreciate it. TY, Barb From: Barbara Poremba Sent: Thursday, April 21, 2011 4:47 PM To: 'Ken and Connie' Subject: RE: All is not what it seems Thank you for your information. I will contact Joyce Redford of Tobacco Control and bring this letter to the attention of the board. TY, Dr. Barbara Poremba, Chairperson Salem Board of Health 120 Washington St. Salem, MA 01970 bbporemba hotmail.com From: Ken and Connie [mailto:gt31416@verizon.net] Sent: Thursday, April 21, 2011 3:57 PM To: Barbara Poremba Subject: All is not what it seems Good afternoon Dr. Poremba: Re:The Salem News,Thursday,April 21, 2011, Opinion page, page 13,your Letter to the Editor, "City still a leader in protecting public health." I certainly applaud your effort as a , dedicated worker in Public Health but my experience in dealing with the city of Salem in matters of public health has not produced results similar to yours. Perhaps my telling will give you a different perspective. I served for many years as a member, Secretary, on the Commission on Disabilities. We addressed all aspects relative to the safety and health concerns of persons with a disability. But one area refused to gain recognition from the current administration. speak to transportation,specifically the use of vehicles for hire in this city. Cabs! When the Public Health of the Commonwealth enacted the State smoking ban. It also provided for a little known but vital service to the public and that was smoking in cabs. It states that there shall be NO smoking in a vehicle for hire either with passenger((s) or at standing.The idea of course is to maintain an interior free of residue that is of a carcinogen nation. I need g ed o into details with you.To this day this public health mandate is violated on a daily basis. • Cabs for the most part are the necessary means of travel for a population that cannot afford to provide 5/3/2011 Amendment #415 to H03400 Page 1 of 1 Print • Amendment #415 to H03400 Cigar Bar Mr. Michlewitz of Boston moves to amend the bill by adding the following section: SECTION XX. Subsection (m) of section 22 of chapter 270 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:- (6) A local board of health or other municipal health department may make reasonable restrictions and requirements for the licensed operation of a smoking bar but it shall not unreasonably restrict or prohibit the operation of a smoking bar if the smoking bar complies with this chapter. • • http://www.malegislature.gov/Bills/1 87/House/HO3400/Amendment/415/Or... 4/28/2011 Further Amendment 9415.1 to H03400 Page 1 of 1 Print Further Amendment #415.1 to H03400 • Michlewitz Further Amendment Mr. Michlewitz of Boston moves to amend the amendment by striking the text in its entirety and inserting in place thereof the following: SECTION XX. A local board of health in a city or town with a population of more than 150,000 residents may not prohibit smoking bars licensed to operate as of January 1, 2011, as long as they continue to comply with applicable state and local laws in effect as of January 1, 2011. • • http://www.malegislature.gov/Bills/187/House/HO3400/Amendment/415.1/... 4/28/2011 In City Council March 24, 2011 Held under the rules until the next meeting on April 14, 2011 1 l' In City Council April 14, 2011 Confirmed by a roll call vote of 10 yea r, • 0 nays and 1 absent CITY OF SALEM, MASSACHUSMS Kimberley Driscoll Mayor March 24, 2011 Honorable Salem City Council Salem City Hall Salem, Massachusetts 01970 Ladies and Gentlemen of the City Council: I appoint, subject to Council approval, Robert Dionne to the Board of Health for a term to expire April 1, 2014. Mr. Dionne would be filling an empty seat on the Board. Mr. Dionne lives at 223 Loring Avenue in Salem. Mr. Dionne has extensive experience working with the public and medical institutions in Salem through his career with ambulance services in the area. From 1998 • to 2008, Mr. Dionne worked for Northshore Ambulance, Inc. as the company's Vice President and then President and CEO. Since 2008, he has worked as the Director of Business Development for Cataldo Ambulance, Inc. Through his work with ambulance companies that serve Salem, Mr. Dionne has built relationships with local health care providers and has become familiar with public health needs in Salem. I think these skills would be an excellent addition to the Board of Health. I strongly support the appointment of Robert Dionne to the Board of Health and hope that you will confirm his appointment tonight. Sincerely, Kimberley Driscoll Mayor • Salem City Hall—93 Washington Street—Salem, MA 01970-3592 Ph. 978-745-9595 Fax 978-744-9327 I [c) , 0 / C Dear Editor:. . I a0writing to commend and congratulate the role and responsibility of the Board of Health for being true Profile in Courage recipients on the local level. This marks the tenth anniversary to ban smoking in restraYnts. It was a bold,brave, and good fight to be the first city in Massachusetts to say no to smoking in restaurants. Many said the sky would fall down with devastating losses to businesses. A collaboration of local businesses put the question on the ballot, with the support of the City Council. Fortunately,.the wisdom of the voters turned down the referendum and Salem became the first clarion call in the state.It was the shot heard around the commonwealth Band the movement spread statewide. It was not easy for the Board of Health to sail against the wind of public opinion. They set a new course in banning smoking which was based on clear research. They turned the tide by standing bravely and boldly by advocating for.our public health.They gave us the audacity to dine in good healthy environment for patrons and employees who suffered the consequences of smoking,A decade later, we are the true beneficiaries-of their courage to take this commonsense, yet bold stand to dine in good health because of their good fight by being.champions for our good health. Ten years later,they are again taking brave and courageous stands from asbestos regulations to transfer stations. Their instinctive, intelligent, insightful and influential stands are genuine and good government at its best. They are critical people at critical times who give us reason to believe and hope for better government on all levels. I was very proud to support them in their emotional and heated debate and dialogue and was the only city councillor to vote no on the referendum. Ten years later,when I asked them to co- sponsor a letter to Representative Keenan and Senator Berry to support Representative Speliotis bill of twenty percent of public housing be set aside for nonsmokers,they took • the high road again in being Profile in Courage recipients on the local level. They sent letters of support to sister cities Boards of Health. I am proud and honored to be the city council liason to the Board of Health We need to celebrate good news as we celebrate the tenth anniversary of our local shot heard around the state by their professionalism and courage. Thank you. Sincerely, Councillor at Large i [o , Gr Dear Editor: • I aWwriting to commend and congratulate the role and responsibility of the Board of Health for being true Profile in.Courage recipients on the local level. This marks the tenth anniversary to ban smoking in restraYnts. It was a bold, brave, and good fight to be the first city in Massachusetts to say no to smoking in restaurants. Many said the sky, would fall down with devastating losses to businesses. A collaboration of local businesses.put the question on the ballot, with the support of the City Council. Fortunately, the wisdom of the voters turned down the referendum and Salem became the first clarion call in the state.It was the shot heard around the commonwealth 9(and the movement spread statewide. It was not easy for the Board of Health to sail against the wind of public opinion. They set a new course in banning smoking which was based on clear research. They turned the tide by standing bravely and boldly by advocating for our public health. They gave us the audacity to dine in good healthy environment for patrons and employees who suffered the consequences of smoking,A decade later, we are the true beneficiaries.of their courage to take this commonsense, yet bold stand to dine in good health because of their good fight by being.champions for our good health. Ten years later,they are again taking brave and courageous stands from asbestos regulations to transfer stations. Their instinctive, intelligent, insightful and influential stands are genuine and good government at its best. They are critical people at critical times who give us reason to believe and hope for better government on all levels. I was very proud to support them in their emotional and heated debate and dialogue and was the only city councillor to vote no on the referendum. Ten years later, when I asked them to co- sponsor a letter to Representative Keenan and Senator Berry to support Representative • Speliotis bill of twenty percent of public housing be set aside for nonsmokers,they took the high road again in being Profile in Courage recipients on the local level. They sent letters of support to sister cities Boards of Health. I am proud and honored to be the city council liason to the Board of Health We need to celebrate good news as we celebrate the tenth anniversary of our local shot heard around the state by their professionalism and courage. Thank you. Sincerely, Councillor at Large i Dear Editor: • I aWwriting to commend and congratulate the role and responsibility of the Board of Health for being true Profile in Courage recipients on the local level. This marks the tenth anniversary to ban smoking in restraYnts. It was a bold,brave, and good fight to be the first city in Massachusetts to say no to smoking in restaurants. Many said the sky would fall down with devastating losses to businesses. A collaboration of local businesses.put the question on the ballot, with the support of the City Council. Fortunately,the wisdom of the voters turned down the referendum and Salem became the first clarion call in the state.It was the shot heard around the commonwealth stand the movement spread statewide. It was not easy for the Board of Health to sail against the wind of public opinion. They set a new course in banning smoking which was based on clear research. They turned the tide by standing bravely and boldly by advocating for.our. public health. They gave us the audacity to dine in good healthy environment for patrons and employees who suffered the consequences of smoking,A decade later, we are the true beneficiaries.of their courage to take this commonsense, yet bold stand to dine in good health because of their good fight by being.champions for our good health. Ten years later,they are again taking brave and courageous stands from asbestos regulations to transfer stations. Their instinctive, intelligent, insightful and influential stands are genuine and good government at its best. They are critical people at critical times who give us reason to believe and hope for better government on all levels. I was very proud to support them in their emotional and heated debate and dialogue and was the only city councillor to vote no on the referendum. Ten years later, when I asked them to co- sponsor a letter to Representative Keenan and Senator Berry to support Representative • Speliotis bill of twenty percent of public housing be set aside for nonsmokers,they took the high road again in being Profile in Courage recipients on the local level. They sent letters of support to sister cities Boards of Health. I am proud and honored to be the city council liason to the Board of Health We need to celebrate good news as we celebrate the tenth anniversary of out local shot heard around the state by their professionalism and courage. Thank you. Sincerely7z Councillor at Large r CITY OF SALEM, MASSACHUSETTS • �-�.� BOARD OF HrAI:rI t 120 WASHINGTON S nu1 L-T,411,FLOOR Tri,.(978)741-1800 KIMBERLEY DRISCOLL FAX(978)745-0343 r MAYOR DGREI NBikUM(@SAI,I3M.COM DAVID GRI F.NBAUM ACTING HIi.AI of AGENT April 29, 2011 VIA FACSIMILE Senator Frederick E. Berry State House Room 333 Boston,MA 02133 Dear Senator Berry, 40e Salem Board of Health strongly opposes amendment number 415 proposed by Representative Michlewitz in the FY12 state budget. The Salem Board of Health believes that if amendment number 415 is included in the state budget it would dramatically limit the ability of local boards of health to promulgate reasonable public health regulations and would undermine the authority of local health departments. Furthermore,we believe that this amendment wrongly implies that second hand exposure to cigar smoke is not as dangerous as second hand exposure to smoke from cigarettes. Therefore the Salem Board of Health asks that you do not support amendment number 415 of the FY12 state budget. Sincerely, Dr.Barbara Poremba, Chair Salem Board of Health 14 ,P&7c� City still a leader in protecting public health » SalemNews.com, Salem, MA Page 1 of 2 SalemNews.com, Salem, MA Apri121, 2011 City still a leader in protecting public health To the editor: This month marks the 10th anniversary of a significant public health milestone for Salem. On April 1, 2001, Salem stepped up to become the first city in Massachusetts to restrict smoking in all restaurants and bars,leading the way for other tobacco-related public health initiatives in the new millennium. It seems surreal that there once was a time when these establishments were smoke-filled. Such a ban was predicted to cause an apocalyptic demise to all of these businesses in the city. But, of course, it has done quite the opposite. Today, Salem is the restaurant destination of the North Shore, evidence that cities can choose to protect public health and promote economic development. Three years later,in June 2004, Massachusetts followed Salem's lead and passed a statewide ban. • Leading by example and driven by health concerns, the North Shore Medical Center banned smoking at its Salem Hospital campus in November 2008. Businesses including local establishments such as Osram Sylvania and General Electric will follow this year. This pattern is being repeated by other major employers in an effort to get workers to "kick the habit" for better health and keep down the costs of health insurance, more evidence that business can protect public health and promote economic development. In September, Salem State University will become a tobacco-free campus, elevating it to a true flagship status as the first four-year, state school of higher education to pass such a bold policy. In accordance with the recommendations of the American College Health Association and the American Cancer Society in promoting tobacco-free environments,it provides the "new" university with an opportunity to dramatically impact the health and well-being of its own community while acknowledging its duty to prepare students to cope with the realities of similar restrictions in the workplace. It also affirms the university's obligation to comply with the American with Disabilities Act, which requires that persons with a respiratory disability have access to public and work places free of environmental pollutants that aggravate their condition. In a survey conducted by SSU, 25 percent of respondents reported having a respiratory condition that may be exacerbated by exposure to secondhand smoke. Given that the school has had a year to implement the policy, there has been no impact on applications for the fall enrollment, more evidence that the higher education business can choose to protect public health and still promote their economic development. • Last month, the current Board of Health endorsed State House Bill 1243,which proposes that 20 percent of public housing units be allocated smoke-free. http://www.salemnews.com/opinion/xl 812409180/City-still-a-leader-in-pro... 4/28/2011 City still a leader in protecting public health » SalemNews.com, Salem, MA Page 2 of 2 Although this may be but a small step in protecting nonsmokers from exposure to secondhand smoke, it is a great leap in recognizing that smoking is the No. 1 cause of home fires, affecting not only the smoker, but also others living with or next to them. Based on these examples, it is unlikely that this will cause any decline in applications for public housing, again providing more evidence that communities can choose to protect public health and still promote economic development. Tobacco is indisputably the single greatest cause of preventable death in the United States and worldwide; the harmful effects of smoking and secondhand smoke are well-understood. All of these policies support the goal of achieving a smoke-free generation. It is possible that smoking and smoking-related diseases and deaths will one day be a rarity, a triumph that can be accomplished by protecting and promoting public health and subsequently, resulting in economic development. I salute the courage and extraordinary achievement of the seven volunteer members of the Salem Board of Health 2000 who championed this important public health milestone: Chairperson Leonard Milaszewski, Martin Fair, Christina Harrington, Dr. Irving Ingraham, Dr. Mike I-antorosinski, Mary Leary and Dr. Marion Winfrey. I am truly inspired by their leadership. Dr. Barbara Poremba Chairperson, Salem Board of Health Professor of Public Health Nursing Salem State University http://www.salemnews.com/opinion/x 1812409180/City-still-a-leader-in-pro... 4/28/2011 CITY OF SALEM, MASSACHUSETTS HuMAN RESOURCES 120 WASI IINGTON SIREET KIMBERLEY DRISCOLL TEL.(978)745-9595 Exr.5630 MAYOR FAX(978)745-7298 LISA B.CAMMARATA DIRECTOR of HUMAN RaouRca May 2,2011 Larry Ramdin 33 Woodbury Street Arlington,Massachusetts 02476-5627 Dear Mr.Ramdin: The City of Salem is pleased to conditionally offer you the position of Health Agent This is a full-time,non-union, position with a weekly salary of salary of $1442.31. The condition of this offer is our receipt of a favorable background check on you as well as pre-employment physical,which we will commence upon your acceptance of this employment offer. The City of Salem offers health insurance to all of its full-time employees,along with dental insurance and generous annual, sick, and personal leave policies. The City of Salem will also credit your for your prior years of municipal service. I am aware,per our discussion,you will likely begin employment with the City of Salem after you have completed your educational classes in May. Thank you for your interest in working for the City of Salem,and we look forward to having you become a member of our team! If you should have any questions,please do not hesitate to contact me. Very truly yours, Lisa B.Cammarata,Esq.,Director Human Resources cc: Kimberley Driscoll,Mayor Barbara Poremba,Chair,Board of Health File