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MEETING PACKET JANUARY 2012 y CITY OF SALEM, MASSACHUSET"TS BOARD Or HF.Ar.;rl r 120 WASH INGTON STREET,4"'FI-OOR I TNIBERL EY DRISCOLL rFL. (978) 741-181M1 JAN -5 P 4: I g FAX (978) 745-0343 MAYOR Lramchn@,salcin.com FILE # LARRY RAI D►N,RS/Ri-a IS,c',I jo,c;i>-i;s CITY CLERK, SALEI•l. MASS. Hj,"A1111 AG r,N.I. NOTICE OF MEETING You are hereby notified[hat the Salem Board of'Heallh brill hold its regularly schechdecl meeting Tuesday, January 10, 2012 at 7.00 PM City Hall Annex, 120 Washington St. Room 311 MEETING AGENDA 1. Call to order 2. Approval of Minutes from December 13, 2011 3. Chairperson Announcements 4. Public Health Announcements/Reports/Updates a. Public Health Nurse b. Health Agent c. Administrative d. Councilor Liaison 5. Joyce Redford,North Shore Tobacco Control Director G. North Shore Cape Ann Emergency Preparedness region Mutual Aid Memoranda of Understanding 7. North Shore Regional Collaboration Grant 8. Miscellaneous 9. Adjournment Larry Ramdin Health Agent cc: Mayor Kimberley Driscoll, Board of Health, City Councilors Next regularly scheduled meeting is February 14, 2011 at 7pm at City Hall Annex, 120 Washington Street Room 311 Know your rights under the open meeting law MCL Chapter 39 Section 23B and City Q Ordinance section 2-2028 through 2-2033 'fhis notice oostod on "O�g fgiQW i�u9 n 808ifd Jity Hall Salem, Miss. on CITY OF SALEM BOARD OF HEALTH MEETING MINUTES • December 13, 2011 DRAFT MEMBERS PRESENT: Dr. Barbara Poremba, Chairperson, Martin Fair, Robert Dionne Dr. Larissa Lucas M.D. & Gayle Sullivan OTHERS PRESENT: Larry Ramdin, Health Agent, Elizabeth Gagakis, Sanitarian EXCUSED: Councilor Furey, Liaison TOPIC DISCUSSION/ACTION 1. Call to Order Meeting called to order by Dr. Poremba, Chair, at 7:00pm. 2. Minutes of Last Meetings Unanimously approved. (Oct. 11-meeting&Nov.8-notes) 3. Chairperson Announcements October was the last meeting attended by Marc Salinas. He was not reappointed to the Board and he indicated that he will not be attending any further meetings. The Chair reminded the board that the quorum remains at 4 members despite having only 5 current members (with 2 vacancies). The size of the board will be addressed at a future city council meeting and if reduced to 5'the quorum will then be 3 members. Also Dr. Poremba indicated that she is unable to attend the January meeting; Martin Fair will be Acting Chair in her absence. 4. Monthly Reports-Updates A. Administrative Presented and approved. Copy available in office • - Report Presented and approved. Copy available in office B. Public Health Only 69 people were vaccinated at the Flu clinic at Bowditch Nurse Report School. The PHN requested that the clinic be sent out on the reverse 911. However, this was not done and the board requests that this be done for all further clinics. The Chair will F/U with the Mayor's office. Presented and approved. Copy available in office. C. Health Agent J. Keough, Code Enforcement Officer, has resigned from the BOH Report effective 12/9/11. The HA would like to replace this vacancy with a Sanitarian position and is discussing this with Human Resources and the Union. The vacancy must be internally posted for one week before posting to the public. The HA also requests more clerical support and will explore this. The board supports this need. L. Ramdin, HA, is exploring enrolling in the FDA Voluntary Standards Program; it requires minimum training requirements for inspectors and promotes standard operational requirements for retail regulatory food safety programs. T. Giarla &D. Greenbaum received an award from NS Elder Services for their work on the Salem Hoarding Task Force. • The BOH & Salem State University have partnered up create walking paths in neighborhoods. Also, starting with the Point neighborhood, focus groups will also.be talking to residents about their needs to promote healthy lifestyles. The Healthy Happenings calendar for the website is pending. D. Elizabeth Gagakis - E. Gagakis provided the board with an overview of her Sanitarian responsibilities in protecting public health including food and housing inspections, trash complaints and general public health • nuisance complaints. She also demonstrated some inspection devices that are essential to monitor standards for air moisture, food temperature, and indoor light and heat. She presented examples of challenges that the sanitarian encounters in meeting compliance requirements of public health mandates/laws. E. City Council Councilor absent; none presented Liaison Updates 5. New Business A. Michael LaChapelle— The Board reviewed Mr. LaChapelle's request to allow two Requests variance for more than apprentices to work at his establishment, one per tattoo artist. M. one apprentice per Body Art LaChapelle presented a draft of apprenticeship rules. The board Establishment requests that he continue to work on these as they may be helpful for future Body Art Regulations next year. Motion by G. Sullivan to accept the variance request as stated with the following conditions; • No more than one apprentice per full time artist at one time in the establishment. • If two apprentices are working at the same time only one apprentice will be allowed to tattoo at any given time. ■ This variance will be granted for one year. The Board will • review the variance at the end of one year. 2nd by L. Lucas Motion passes unanimously B. North Shore regional The regionalization grant has been submitted to the MA Department Collaboration Grant of Public Health. We are waiting for the Governor's office to release the names of the selected communities. The HA will notify all of the results. C. NHANES Study 2012 Essex County was selected by the CDC to participate in the National Health and Nutrition Examination Survey(NHANES) 2012; Salem will be a sample city. In April, the CDC will be selecting people for surveys and from those selected will conduct home surveys. They request that the BOH support the marketing and participation in this survey. All are in agreement to support this initiative. Information available @ http://www.cdc.pov/nchs/nhanes.htm 6. MEETING ADJOURNED: 8:46pm Respectfully submitted, Heather Lyons-Paul • Clerk of the Board Next regularly scheduled meeting is January 10, 2012 at 7pm City Hall Annex, 120 Washington Street,Room 311 Salem. • Health Agent Report December 2011 Announcements • The Regional Public Health District Incentive Grant has been approved by Massachusetts Department of Public Health. The grant will fund regional public Health Wellness initiative and provide supplemental inspectional support across the region. • Elizabeth.Gagakis graduated from the Local Public Health Institute's Foundations of Local Public Health Program. The program discussed the operations, roles and functions of a Local Health Department. There were three main areas of training Administrative Procedures, Environmental Health and Community Health. • The Centers for Diseases Control(CDC) has selected Essex County as a sample site for The 2012 National Health and Nutrition Examination Survey (NHANES). Salem has been selected as a sample community. THE CDC has asked that we support their efforts through press releases; further information will be forthcoming in the upcoming months. ` Other Activities •Municipal Attorney's and Board of Health leaders met to discuss and finalize a Mutual Aid agreement between municipalities in the Northshore Cape Ann Emergency Preparedness region(Region 3D)that will allow for Public Health Mutual Aid in emergencies. Inspections • 30 Certificate of Fitness Inspections • 8 Food inspections • 19 Housing Inspections • 5 Nuisance/Trash Complaints • 1 Body Art • 1 meeting attended • 3 Court Hearings attended • • CITY OF SALEM, MASSACHUSETTS B()ARD or;I I f 120 WASHINGTON Sriu r'r,4"' 'T`I r,. (978) 741-1800 1CMBE?RI-EY D.RISCOLL FAX (978) 745-0343 MAYOR tramdin@salem.com L ARRY RAMI)IN,RS/I(I:.I IS,(]IC),CT-IDS I11S,V;rlI A(;I•;Nr Public Health Nurse Report December 2011 Activities Disease Prevention • In contact with North Shore Pulmonary Clinic regarding active TB cases and case contacts. • Investigated communicable disease cases and reported to the MDPH. • • DOT Monday through Friday for Active TB Case. Meetings/Clinics NSCAEP regional flu clinic was held at the North Shore Mall. 33 vaccinated. Office visits by appointment: 4 residents vaccinated. Assisted local Public Health Nurses with Clinics: Peabody North Shore Cape Ann Emergency Preparedness Meeting: Discussed Updates and deliverables. Attended the North Shore Elder Services REACT meeting to discuss regional efforts to advocate services for seniors on the North Shore. Commissioner John Auerbach attended the meeting. Attended the North Shore Hoarding Task Force Meeting to discuss current cases on the North Shore. • Application for enrollment in Commonwealth Medicine Insurance Reimbursement was approved. Application for renewal enrollment in Medicare B approved. • Monthly Report of Communicable Disease December 2011 Disease__ ..___ _ __ .__ New Carry over Discharged Reported Lyme disease 0 0 0 0 Salmonella o 0 0 0 Campy 1 0 1 1 Tuberculosis 1 2 0 0 • Varicella 2 0 2 2 Campylobacter: 67 y/o male. Non-Food handler. Source of infection unknown. Household contacts were not ill. Varicella: 30 y/o male. No history of disease, not vaccinated. He was exposed to Shingles case two weeks before onset. Lives alone. No children. Varicella: 47 y/o female. No history of disease, not vaccinated. No.children. Husband with history of varicella. TB: Elderly male. Arrived in US in September 2011. Abnormal CXR. 4 Household contacts will be tbtested. • Administration Anthiv Re port December-II Burial Permits @ $25.00 $1,025.00 Permits $63E ,824.00 Certificate of Fitness@$50.00 $2,050.00 Fines 10 - Total Monies Collected = $66,899.00 Annual Budget Expended Total Salary/Longevity $344,000.00 G $167,443.09 Available Balance $176,556.91 Annual Budg et 9 Expended Available Balance Non-Personnel $19,600.00 IUD $13,994.20 $5,605.80 Section 12: Implementation • l• This Agreement shall be b' local charter, binding and in effect after it is sign two , bylaws, or ordinances upon its a municipalities. and u gned in accordance with the pproval by the legislative body, of any 2• Additional parties may join this Agreement upon acceptance and execution Section 13: Term of Agreement n of it. This Agreement is to re which tune it main m effect for twenty-five may be extended in Y five years from from this A Agreement accordance with tt the date of execution, at notice to all other g ment at Massachusetts law. parties. This Y time by sending fourteen 14 Any party may remaining pies. Agreement shall continue to be in )days,Y prior written effect among the Section 14; Severability Should any portion of this Agreement gt Bement be judged gment shall not t Agreement Jud ged to be invalid b , and for this pair or invalidate Y any court of competent jurisdiction, such purpose the provisions of this A the re remainder of this Agreement are declared severable. • • 5 City of Salem • By: Date: Health Agent Salem Board of Health Approved as to form: Elizabeth Rennard Date: City of Salem Solicitor Approved by Kimberly Driscoll, Mayor, City of Salem: Date: [Recommend to add as exhibits, documents reflecting the votes or an for each health agency to join the Agreement] • • 6 ;. 4 City of Salem t • By Date: Health Agent Salem Board of Health Approved as to form: Elizabeth Rennard Dater City of Salem Solicitor. Approved by Kimberly Driscoll, Mayor, City of Salem: Date: [Recommend to add as exhibits, documents reflecting the votes or author' each health agency to join the Agreement] �zations for Q III r 6 • they will be needed; and (3) The specific place and time for staging of the Sending Agency's response and a point of contact at that location. D. The parties recognize that especially during an emergency, the requirements for protection of the public health and safety may require work, services, or supplies beyond that contained either in an oral or written request (confirmation). Nothing in this Agreement should be construed to limit the ability of either agency or its personnel to respond in any manner necessary for the preservation of the public health and safety. To the extent such services or supplies are extended, the provisions of this Agreement shall apply. Section 6: Limitations 1. The provision of mutual aid is voluntary. 2. The extent of assistance to be furnished under this Agreement shall be determined solely by the Sending Agency, and the assistance furnished may be recalled at the sole discretion of the Sending Agency; provided however, that the Receiving Agency shall determine the scope of services to be delivered by the Sending Agency. Unless otherwise specified by the Receiving Agency in its request for assistance or otherwise, persons from the Sending Agency shall have the same authority in the receiving community as other • persons serving in similar capacities in the Receiving Agency. Section 7: Supervision and Control 1. Upon entering the jurisdiction of the Receiving Agency pursuant to a request under this Agreement, the employee(s) of the Sending Agency shall report immediately to the Authorized Representative of the Receiving Agency for deployment. The Receiving Agency may use an incident command system(ICS)or unified command system. 2. Employees shall remain employees of their own agencies at all times. Each agency, sending or receiving, shall be responsible for its own employees' wages, benefits, and similar obligations, as well as well as for complying with any applicable bargaining obligations that may be required by collective bargaining agreements with its employees, and for professional liability insurance for its employees and fleet insurance for its vehicles. 3. At the conclusion of any deployment, the Receiving Agency shall have the responsibility of releasing the Sending Agency's personnel and notifying the appropriate Authorized Representatives that the deployment, and hence the need for services, has concluded, unless the Sending Agency exercises its right to recall its personnel and/or equipment sooner. Section 8: Powers and Rights Each Receiving Agency shall afford to the personnel of any Sending Agency operating 3 • within the Receiving Agency's jurisdiction the same authority as are afforded to like personnel of the Receiving Agency. Section 9: Liability 1. Each party shall be liable for the acts and omissions of its own employees and not for the employees of any other agency in the performance of this Agreement to the extent provided by the Massachusetts Tort Claims Act, M.G.L. c. 258. Each party agrees to indemnify and hold harmless the other parties to this Agreement from liability resulting from the acts and omissions of its own employees, including travel, in the performance of this Agreement to the extent the indemnifier would otherwise be liable under a direct claim pursuant to M.G.L. c. 258. 2. By entering into this Agreement, none of the parties have waived any governmental immunity or limitation of damages which may be extended to them by operation of law. 3. This Agreement is by and between the municipalities which have executed it. Each states that it is intended for their mutual benefit alone and is not intended to confer any express or implied benefits on any other person. This Agreement is not intended to confer third party beneficiary status on any person. Section 10: Workers Compensation Each party jurisdiction shall provide for the payment of workers compensation and death benefits to the personnel of its own jurisdiction, to the extent applicable. Section 11: Reimbursement 1. Under this Agreement, there is no expectation of automatic or contractual reimbursement for the provision of any mutual aid. However, the parties may develop compensation agreements separately or within the context of this Agreement. 2. In the event of an emergency requiring state or federal assistance, Sending and Receiving Agencies may apply jointly or separately for any type of state or federal assistance. 3. In any fiscal year in which a Sending Agency provides service to a Receiving Agency under this Agreement, both agencies shall keep accurate and comprehensive records of services performed, costs incurred, reimbursements and contributions received, and such other details as may be required in order to permit a comprehensive audit of the services. Such records shall be available for,and shall be subject to, audit as is otherwise required by law for municipal financial records. Such records shall also be summarized in an annual financial statement that will be issued to all participants in the Agreement no later than sixty(60) days of the close of the fiscal year. 4 within the Receiving Agency's jurisdiction the same authority as are afforded to like personnel of the Receiving Agency. Section 9: Liability 1. Each party shall be liable for the acts and omissions of its own employees and not for the employees of any other agency in the performance of this Agreement to the extent provided by the Massachusetts Tort Claims Act, M.G.L. c. 258. Each party agrees to indemnify and hold harmless the other parties to this Agreement from liability resulting from the acts and omissions of its own employees, including travel, in the performance of this Agreement to the extent the indemnifier would otherwise be liable under a direct claim pursuant to M.G.L. c. 258. 2. By entering into this Agreement, none of the parties have waived any governmental immunity or limitation of damages which may be extended to them by operation of law. 3. This Agreement is by and between the municipalities which have executed it. Each states that it is intended for their mutual benefit alone and is not intended to confer any express or implied benefits on any other person. This Agreement is not intended to confer third party beneficiary status on any person. Section 10: Workers Compensation • Each party jurisdiction shall provide for the payment of workers compensation and death benefits to the personnel of its own jurisdiction, to the extent applicable. Section 11: Reimbursement 1. Under this Agreement, there is no expectation of automatic or contractual reimbursement for the provision of any mutual aid. However, the parties may develop compensation agreements separately or within the context of this Agreement. 2. In the event of an emergency requiring state or federal assistance, Sending and Receiving Agencies may apply jointly or separately for any type of state or federal assistance. 3. In any fiscal year in which a Sending Agency provides service to a Receiving Agency under this Agreement, both agencies shall keep accurate and comprehensive records of services performed, costs incurred, reimbursements and contributions received, and such other details as may be required in order to permit a comprehensive audit of the services. Such records shall be available for, and shall be subject to, audit as is otherwise required by law for municipal financial records. Such records shall also be summarized in an annual financial statement that will be issued to all participants in the Agreement no later than sixty(60) days of the close of the fiscal year. 4 Mutual Aid Agreement among Cities and Towns in Emergency Preparedness Region 3D This Mutual Aid Agreement ("Agreement") is entered into by and between the following cities and towns: Section 1: Purpose The purpose of this Agreement is to provide for mutual aid and assistance between the municipalities entering into the Agreement when the resources normally available to a municipality are not sufficient to cope with a situation which requires public health action. The health and well being of a community will best be protected through the concerted efforts of multiple public health agencies providing assistance to one another. The promotion and coordination of this assistance through this Agreement is desirable for the effective and efficient provision of mutual aid and assistance. This Agreement is in no way intended to substitute for the ordinary public health activities of any city or town. The parties intend that designees from the Sending Agency will not operate as the sole personnel of the Receiving Agency. Section 2: Authority Pursuant to M.G.L. Chapter 40, Section 4A, mutual aid agreements may be made among municipalities or municipal agencies, with the authorization of the City Council and Mayor in a city, and of the Board of Selectmen in a town. Section 3: Definitions Authorized Representative means an official of a signatory entity who is authorized to request, offer, or otherwise provide assistance under this Agreement. A member/designee of the public health agency, if so authorized shall be the Authorized Representative. If a member/designee of the public health agency is not authorized, the Authorized Representative shall be the chief executive officer or other officer so authorized; and this officer shall work jointly with a member/designee of the public health agency. Mutual Aid means aid to another public health agency in the form of personnel, equipment, facilities, services, supplies, or other resources appropriate to public health programs, including but not limited to inspections; vaccination clinics; centers for the distribution of pharmaceuticals; administrative assistance; specimen collection, conveyance,and testing; consulting; environmental assessment; and other programs. Public Health Agency means the appropriate and legally designated health authority of the city, town, or other legally constituted governmental unit within the Commonwealth having the usual powers and duties of the board of health or health department of a city 1 or town. Receiving Agency means the public health agency requesting mutual aid from another public health agency. Region means one of the Emergency Preparedness Regions established by the Massachusetts Department of Public Health. Sending Agency means the public health agency that provides mutual aid to another public health agency. Section 4: Other Agreements This Agreement recognizes and does not supersede present and future mutual aid agreements or intermunicipal agreements among the signatories of this Agreement. This Agreement does not limit any party jurisdiction's ability to enter into mutual aid agreements in the future with neighboring municipalities and public health agencies, whether inside or outside Region 3D. Section 5: Requests for Assistance 1. The public health agency of each party jurisdiction shall designate an Authorized Representative in accordance with Section 3. The Authorized Representative of a Receiving Agency may request the assistance of another party jurisdiction by contacting the Authorized Representative of that jurisdiction. The Authorized Representative of a Sending Agency may authorize the sending of mutual aid. 2. The emergency center operations of each party jurisdiction shall maintain a list of contact information for each Authorized Representative for each party jurisdiction. If a party jurisdiction designates a new Authorized Representative, it shall immediately provide all other party jurisdictions with the new Authorized Representative's contact information. Any municipality that joins this Agreement after its effective date shall provide all existing party jurisdictions with the contact information for its Authorized Representative. 3. The provisions of this Agreement shall apply only to requests for assistance made by and to the Authorized Representative. A. Requests may be verbal or in writing, and "writing" shall include email. B. If verbal, the request shall be confirmed in writing at the earliest possible date, and the Receiving Agency shall use its best efforts to provide the written confirmation no later than five (5) calendar days following the verbal request. C. Written requests shall provide the following information: (1)A description of the function for which assistance is needed; (2) The amount and type of personnel, equipment, materials, services, supplies, and/or other resources needed, and a reasonable estimate of the length of time 2 • or town. Receiving Agency means the public health agency requesting mutual aid from another public health agency. Region means one of the Emergency Preparedness Regions established by the Massachusetts Department of Public Health. Sending Agency means the public health agency that provides mutual aid to another public health agency. Section 4: Other Agreements This Agreement recognizes and does not supersede present and•future mutual aid agreements or intermunicipal agreements among the signatories of this Agreement. This Agreement does not limit any party jurisdiction's ability to enter into mutual aid agreements in the future with neighboring municipalities and public health agencies, whether inside or outside Region 3D. Section 5: Requests for Assistance 1. The public health agency of each party jurisdiction shall designate an Authorized Representative in accordance with Section 3. The Authorized Representative of a. Receiving Agency may request the assistance of another party jurisdiction by contacting the Authorized Representative of that jurisdiction. The Authorized Representative of a Sending Agency may authorize the sending of mutual aid. 2. The emergency center operations of each party jurisdiction shall maintain a list of contact information for each Authorized Representative for each party jurisdiction. If a party jurisdiction designates a new Authorized Representative, it shall immediately. provide all other party jurisdictions with the new Authorized Representative's contact information. Any municipality that joins this Agreement after its effective date shall provide all existing party jurisdictions with the contact information for its Authorized Representative. 3. The provisions of this Agreement shall apply only to requests for assistance made by and to the Authorized Representative. A..Requests may be verbal or in writing, and "writing" shall include email. B. If verbal, the request shall be confirmed in writing at the earliest possible date, and the Receiving Agency shall use its best efforts to provide the written confirmation no later than five(5) calendar days following the verbal request. C. Written requests shall provide the following information: (1)A description of the function for which assistance is needed; ,,? (2) The amount and type of personnel, equipment, materials, services, supplies, and/or other resources needed, and a reasonable estimate of the length of time 2 Municipal Tobacco Control Technical Assistance Program Donald J.Wilson,Director c/o Massachusetts Municipal Association (617)426-7272 One Winthrop Square FAX(617)695-1314 Boston,Massachusetts 02110 djwilson@mma.org SUMMARY OF LOCAL EFFORTS -- TOBACCO SALES BAN IN PHARMACIES MUNICIPALITY(POP. RANK) ENACT DATE--EFF. DATE--TIME LAPSE- POLICY TYPE Boston (1) 88 12/11/08- 2/11/09 (2 months)—health regulation Needham (56) 4 7/14/09- 10/1/09 (2.5 months)—health regulation Newton (11) 8 11/16/09- 11/16/09 ( n/a)—city ordinance Everett* (39) 5 7/19/10- 8/15/10(1 month)—health regulation Walpole(79) 5 10/12/10- 10/21/10 (2.5 weeks)—health regulation Lancaster(215) 0 12/2/10- 2/1/11 (2 months)—health regulation .Southboro(107) 4 12/15/10- 2/13/11 (2 months)—health regulation Oxford (142) 3 2/7/11-3/1/11 (3 weeks)—health regulation Fall River (9) 22 3/22/11-4/12/11 (3 weeks)—city ordinance Wakefield (73) 4 3/19/11- 6/1/11 (2 weeks)-health regulation Westford (83) 3 5/9/11-7/1/11 (2 months)-- health regulation Worcester(2) 34 5/10/11- 6/24/11 (1.5 months)-city ordinance Wellesley(65) 4 4/28/11- 6/1/11 (6 weeks)- health regulation Somerville(12) 10 5/19/11-7/1/11 (6 weeks)- health regulation Westwood (134) 2 6/14/11- 6/30/11 (2 weeks) - health regulation • Chatham (227) 1 6/20/11-7/7/11 (2.5 weeks) -health regulation Hatfield (269) 0 3/22/11-4/1/11(1.5 weeks) -health regulation Lowell (4) 12 11/2/11- 1/1/12(8.5 weeks) -health regulation New Bedford (6) 20 11/3/11- 1/1/12 (8.5 weeks) -health regulation Brookline (18) 8 11/15/11-await AG approval-town bylaw Wareham (87) 5 11/30/11- 1/12/12 (6 weeks)- health regulation North Attleboro (58) 7 12/6/11- 1/1/12 (3.5 weeks) -health regulation Revere(24) 6 12/9/11- 1/1/12 (3 weeks)- health regulation Winchester(90) 2 12/13/11- 1/1/12 (3 weeks) - health regulation Concord (103) 3 12/20/11- 2/14/12 (8 weeks)- health regulation TOTAL 25 261 AFFECTED AFFECTED BY CHAIN ESTABS. BY CHAIN ESTABS. CVS 80 Shaws Market 6 Rite Aid (and Brooks) 38 Star Market 2 Walgreens 44 Stop and Shop 14 Walmart 6 Big Y Supermarket 2 Target 6 Price Chopper 2 Costco 1 Independent Pharmacies 58 Hannaford 1 * Has 1 pharmacy that is a retailer& wholesaler. Additional conditions apply for wholesaler customers. NOTE: Target stores typically have pharmacies but it is company policy to not sell tobacco. 26.3%of state population (1,669,688 out of 6,349,000 residents) A Technical Assistance Project for cities and towns funded through a Massachusetts Department of Public Health grant to the Massachusetts Municipal Association. • Motion The Salem Board of Health accepts the North shore- Cape Ann Emergency Preparedness Coalition: Region 3D, Mutual Aid Agreement as agreed to by the Salem City Solicitor and authorizes the Board of Health Chair to sign the Agreement on Behalf of the Board of Health. Further, the Salem Board of Health designates The Salem Health Agent and Public Health Nurse as Authorized Representatives per section 3 of the Agreement. CITY OF SALEM, MASSACHUSETTS • BOARD OF HEALTH 120 WAS:HINGTON STRETT,4P FLOOR IiIMBERLEY DRISCOLL TEL. (978) 741-18M1 JAN -5 P 4: 18 FAX,(978) 745-0343 MAYOR Iramdin@salem.com FILE ## LARRYRiMIDIN,Rs/RVI IS,afo,Cr-FS CITY CLERK, SALEM. MASS. HI,,AI;n I AG r,;N'I NOTICE OF MEETING You tire hereby notified that the Salem Board of Health will hold its regularly scheduled meeting Tuesday, January 10, 2012 at 7.00 PM City Hall Annex, 120 Washington St. Room 311 �Qc—e- >c rD MEETING AGENDA 1. Call to order 2. Approval of Minutes from December 13, 2011 3. Chairperson Announcements 4. Public Health Announcements/Reports/Updates a. Public Health Nurse b. Health Agent c. Administrative d. Councilor Liaison 5. Joyce Redford,North Shore Tobacco Control Director G. North Shore Cape Ann Emergency Preparedness region Mutual Aid Memoranda of Understanding 7. North Shore Regional Collaboration Grant 8. Miscellaneous 9. Adjournment Larry Ramdin Health Agent cc: Mayor Kimberley Driscoll, Board of Health, City Councilors Next regularly scheduled meeting is February 14, 2011 at 7pm at City Hall Annex, 120 Washington Street Room 311 Know your rights Murder the open meeting law MGL Chapter 39 Section 23B and City Ordinance section 2-2028 through 2-2033 fh1s notice ocstod on "O iQW SuR M 80afd CRY mail Salem, Mass. on !,7 ,it 11 ;1� i%) a �rfVp • a 2AA 0 CITY OF SALEM BOARD OF HEALTH MEETING MINUTES December 13, 2011• DRAFT MEMBERS PRESENT: Dr. Barbara Poremba, Chairperson, Martin Fair, Robert Dionne Dr. Larissa Lucas M.D. & Gayle Sullivan OTHERS PRESENT: Larry Ramdin, Health Agent, Elizabeth Gagakis, Sanitarian EXCUSED: Councilor Furey, Liaison TOPIC DISCUSSION/ACTION 1. Call to Order Meeting called to order by Dr. Poremba, Chair, at 7:00pm. 2. Minutes of Last Meetings Unanimously approved. (Oct. 11-meeting&Nov.8-notes) 3. Chairperson Announcements October was the last meeting attended by Marc Salinas. He was not reappointed to the Board and he indicated that he will not be attending any further meetings. The Chair reminded the board that the quorum remains at 4 members despite having only 5 current members (with 2 vacancies). The size of the board will be addressed at a future city council meeting and if reduced to 5, the quorum will then be 3 members. Also Dr. Poremba indicated that she is unable to attend the January meeting; Martin Fair will be Acting Chair in her absence. 4. Monthly Reports-Updates A. Administrative Presented and approved. Copy available in office • Report Presented and approved. Copy available in office B. Public Health Only 69 people were vaccinated at the Flu clinic at Bowditch Nurse Report School. The PHN requested that the clinic be sent out on the reverse 911. However, this was not done and the board requests that this be done for all further clinics. The Chair will F/U with the Mayor's office. Presented and approved. Copy available in office. C. Health Agent J. Keough, Code Enforcement Officer, has resigned from the BOH Report effective 12/9/11. The HA would like to replace this vacancy with a Sanitarian position and is discussing this with Human Resources and the Union. The vacancy must be internally posted for one week before posting to the public. The HA also requests more clerical support and will explore this. The board supports this need. L. Ramdin, HA, is exploring enrolling in the FDA Voluntary Standards Program; it requires minimum training requirements for inspectors and promotes standard operational requirements for retail regulatory food safety programs. T. Giarla &D. Greenbaum received an award from NS Elder Services for their work on the Salem Hoarding Task Force. The BOH & Salem State University have partnered up create walking paths in neighborhoods. Also, starting with the Point neighborhood, focus groups will also be talking to residents about their needs to promote healthy lifestyles. The Healthy Happenings calendar for the website is pending. D. Elizabeth Gagakis - E. Gagakis provided the board with an overview of her Sanitarian responsibilities in protecting public health including food and housing inspections, trash complaints and general public health • nuisance complaints. She also demonstrated.some inspection devices that are essential to monitor standards for air moisture, food temperature, and indoor light and heat. She presented examples of challenges that the sanitarian encounters in meeting compliance requirements of public health mandates/laws. E. City Council Councilor absent; none presented Liaison Updates 5. New Business A. Michael LaChapelle— The Board reviewed Mr. LaChapelle's request to allow two Requests variance for more than apprentices to work at his establishment, one per tattoo artist. M. one apprentice per Body Art LaChapelle presented a draft of apprenticeship rules. The board Establishment requests that he continue to work on these as they may be helpful for future Body Art Regulations next year. Motion by G. Sullivan to accept the variance request as stated with the following conditions; ■ No more than one apprentice per full time artist at one time in the establishment. ■ If two apprentices are working at the same time only one apprentice will be allowed to tattoo at any given time. • ■ This variance will be granted for one year. The Board will review the variance at the end of one year. 2"d by L. Lucas Motion passes unanimously B. North Shore regional The regionalization grant has been submitted to the MA Department Collaboration Grant of Public Health. We are waiting for the Governor's office to release the names of the selected communities. The HA will notify all of the results. C. NHANES Study 2012 Essex County was selected by the CDC to participate in the National Health and Nutrition Examination Survey(NHANES) 2012; Salem will be a sample city. In April, the CDC will be selecting people for surveys and from those selected will conduct home surveys. They request that the BOH support the marketing and participation in this survey. All are in agreement to support this initiative. Information available @ http://www.cdc.gov/nchs/nhanes.htm 6. MEETING ADJOURNED: 8:46pm Respectfully submitted, 9 ather Lyons-Paul Jerk of the Board Next regularly scheduled meeting is January 10, 2012 at 7pm City Hall Annex, 120 Washington Street, Room 311 Salem. • Health Agent Report December 2011 Announcements • The Regional Public Health District Incentive Grant has been approved by Massachusetts Department of Public Health. The grant will fund regional public Health Wellness initiative and provide supplemental inspectional support across the region. • Elizabeth Gagakis graduated from the Local Public Health Institute's Foundations of Local Public Health Program. The program discussed the operations, roles and functions of a Local Health Department. There were three main areas of training Administrative Procedures, Environmental Health and Community Health. • The Centers for Diseases Control(CDC) has selected Essex County as a sample site for The 2012 National Health and Nutrition Examination Survey (NHANES). Salem has been selected as a sample community. THE CDC has asked that we support their efforts through press releases; further information will be forthcoming in the upcoming months. Other Activities •Municipal Attorney's and Board of Health leaders met to discuss and finalize a Mutual Aid agreement between municipalities in the Northshore Cape Ann Emergency Preparedness region(Region 3D)that will allow for Public Health Mutual Aid in emergencies. Inspections • 30 Certificate of Fitness Inspections • 8 Food inspections • 19 Housing Inspections • 5 Nuisance/Trash Complaints • 1 Body Art • 1 meeting attended • 3 Court Hearings attended " CITY OF SALEM, MASSACHUSETTS • ;,;;fy'� BOARD OF HEALTH 120 WASHINGTON STREET,4'�`FLOOR TEL. (978) 741-1800 ILIMBERLI-?Y DRISCOLL FAX(978) 745-0343 MAYOR Iramdinnasalem.com LARRY RANMIN,RS/RI 7.1 fS,C1I0,C11-1,'S HI?AL171 ACi1;NT Public Health Nurse Report December 2011 Activities Disease Prevention • In contact with North Shore Pulmonary Clinic regarding active TB cases and case contacts. • Investigated communicable disease cases and reported to the MDPH. • DOT Monday through Friday for Active TB Case. Meetings/Clinics NSCAEP regional flu clinic was held at the North Shore Mall. 33 vaccinated. Office visits by appointment: 4 residents vaccinated. Assisted local Public Health Nurses with Clinics: Peabody North Shore Cape Ann Emergency Preparedness Meeting: Discussed Updates and deliverables. Attended the North Shore Elder Services REACT meeting to discuss regional efforts to advocate services for seniors on the North Shore. Commissioner John Auerbach attended the meeting. Attended the North Shore Hoarding Task Force Meeting to discuss current cases on the North Shore. Application for enrollment in Commonwealth Medicine Insurance Reimbursement • was approved. Application for renewal enrollment in Medicare B approved. Monthly Report of Communicable Disease December 2011 Disease _ _ New Carry over Discharged Reported Lyme disease o 0 0 0 Salmonella 0 0 0 0 Campy 1 0 1 1 Tuberculosis 1 2 0 0 •Varicella 2 0 2 2 Campylobacter: 67 y/o male. Non-Food handler. Source of infection unknown. Household contacts were not ill. Varicella: 30 y/o male. No history of disease, not vaccinated. He was exposed to Shingles case two weeks before onset. Lives alone. No children. Varicella: 47 y/o female. No history of disease, not vaccinated. No children. Husband with history of varicella. TB: Elderly male. Arrived in US in September 2011. Abnormal CXR. 4 Household contacts will be tb tested. • • • Administration Monthly Report December-II Burial Permits @$25.00 $1,025.00 Permits $63,824.00 Certificate of Fitness@$50.00 $2,050.00 Fines Total Monies Collected = $66,899.00 Annual Budget Expended Available Balance Total Salary/Longevity $344,000.00 ® $167,443.09 $176,556.91 Annual Budget Expended Available Balance Non-Personnel $19,600.00 UO $13,994.20 $5,605.80 Mutual Aid Agreement among Cities and Towns in Emergency Preparedness Region 3D This Mutual Aid Agreement ("Agreement") is entered into by and between the following cities and towns: Section 1: Purpose The purpose of this Agreement is to provide for mutual aid and assistance between the municipalities entering into the Agreement when the resources normally available to a municipality are not sufficient to cope with a situation which requires public health action. The health and well being of a community will best be protected through the concerted efforts of multiple public health agencies providing assistance to one another. The promotion and coordination of this assistance through this Agreement is desirable for the effective and efficient provision of mutual aid and assistance. This Agreement is in no way intended to substitute for the ordinary public health activities of any city or town. The parties intend that designees from the Sending Agency will not operate as the sole personnel of the Receiving Agency. Section 2: Authority iPursuant to M.G.L. Chapter 40, Section 4A, mutual aid agreements may be made among municipalities or municipal agencies, with the authorization of the City Council and Mayor in a city, and of the Board of Selectmen in a town. Section 3: Definitions Authorized Representative means an official of a signatory entity who is authorized to request, offer, or otherwise provide assistance under this Agreement. A member/designee of the public health agency, if so authorized shall be the Authorized Representative. If a member/designee of the public health agency is not authorized, the Authorized Representative shall be the chief executive officer or other officer so authorized; and this officer shall work jointly with a member/designee of the public health agency. Mutual Aid means aid to another public health agency in the form of personnel, equipment, facilities, services, supplies, or other resources appropriate to public health programs, including but not limited to inspections; vaccination clinics; centers for the distribution of pharmaceuticals; administrative assistance; specimen collection, conveyance, and testing; consulting; environmental assessment; and other programs. Public Health Agency means the appropriate and legally designated health authority of the city, town, or other legally constituted governmental unit within the Commonwealth • having the usual powers and duties of the board of health or health department of a city 1 • or town. Receiving Agency means the public health agency requesting mutual aid from another public health agency. Region means one of the Emergency Preparedness Regions established by the Massachusetts Department of Public Health. Sending Agency means the public health agency that provides mutual aid to another public health agency. Section 4: Other Agreements This Agreement recognizes and does not supersede present and future mutual aid agreements or intermunicipal agreements among the signatories of this Agreement. This Agreement does not limit any party jurisdiction's ability to enter into mutual aid agreements in the future with neighboring municipalities and public health agencies, whether inside or outside Region 3D. Section 5: Requests for Assistance • 1. The public health agency of each party jurisdiction shall designate an Authorized Representative in accordance with Section 3. The Authorized Representative of a Receiving Agency may request the assistance of another party jurisdiction by contacting the Authorized Representative of that jurisdiction. The Authorized Representative of a Sending Agency may authorize the sending of mutual aid. 2. The emergency center operations of each party jurisdiction shall maintain a list of contact information for each Authorized Representative for each party jurisdiction. If a party jurisdiction designates a new Authorized Representative, it shall immediately provide all other party jurisdictions with the new Authorized Representative's contact information. Any municipality that joins this Agreement after its effective date shall provide all existing party jurisdictions with the contact information for its Authorized Representative. 3. The provisions of this Agreement shall apply only to requests for assistance made by and to the Authorized Representative. A. Requests may be verbal or in writing, and "writing" shall include email. B. If verbal, the request shall be confirmed in writing at the earliest possible date, and the Receiving Agency shall use its best efforts to provide the written confirmation no later than five (5) calendar days following the verbal request. C. Written requests shall provide the following information: (1) A description of the function for which assistance is needed; (2) The amount and type of personnel, equipment, materials, services, supplies, • and/or other resources needed, and a reasonable estimate of the length of time 2 they will be needed; and (3) The specific place and time for staging of the Sending Agency's response and a point of contact at that location. D. The parties recognize that especially during an emergency, the requirements for protection of the public health and safety may require work, services, or supplies beyond that contained either in an oral or written request (confirmation). Nothing in this Agreement should be construed to limit the ability of either agency or its personnel to respond in any manner necessary for the preservation of the public health and safety. To the extent such services or supplies are extended, the provisions of this Agreement shall apply. Section 6: Limitations 1. The provision of mutual aid is voluntary. 2. The extent of assistance to be furnished under this Agreement shall be determined solely by the Sending Agency, and the assistance furnished may be recalled at the sole discretion of the Sending Agency; provided however, that the Receiving Agency shall determine the scope of services to be delivered by the Sending Agency. Unless otherwise specified by the Receiving Agency in its request for assistance or otherwise, persons from the Sending Agency shall have the same authority in the receiving community as other persons serving in similar capacities in the Receiving Agency. • Section 7: Supervision and Control 1. Upon entering the jurisdiction of the Receiving Agency pursuant to a request under this Agreement, the employee(s) of the Sending Agency shall report immediately to the Authorized Representative of the Receiving Agency for deployment. The Receiving Agency may use an incident command system(ICS) or unified command system. 2. Employees shall remain employees of their own agencies at all times. Each agency, sending or receiving, shall be responsible for its own employees' wages, benefits, and similar obligations, as well as well as for complying with any applicable bargaining obligations that may be required by collective bargaining agreements with its employees, and for professional liability insurance for its employees and fleet insurance for its vehicles. 3. At the conclusion of any deployment, the Receiving Agency shall have the responsibility of releasing the Sending Agency's personnel and notifying the appropriate Authorized Representatives that the deployment, and hence the need for services, has concluded, unless the Sending Agency exercises its right to recall its personnel and/or equipment sooner. Section 8: Powers and Rights • Each Receiving Agency shall afford to the personnel of any Sending Agency operating 3 • within the Receiving Agency's jurisdiction the same authority as are afforded to like personnel of the Receiving Agency. Section 9: Liability 1. Each party shall be liable for the acts and omissions of its own employees and not for the employees of any other agency in the performance of this Agreement to the extent provided by the Massachusetts Tort Claims Act, M.G.L. c. 258. Each party agrees to indemnify and hold harmless the other parties to this Agreement from liability resulting from the acts and omissions of its own employees, including travel, in the performance of this Agreement to the extent the indemnifier would otherwise be liable under a direct claim pursuant to M.G.L. c. 258. 2. By entering into this Agreement, none of the parties have waived any governmental immunity or limitation of damages which may be extended to them by operation of law. 3. This Agreement is by and between the municipalities which have executed it. Each states that it is intended for their mutual benefit alone and is not intended to confer any express or implied benefits on any other person. This Agreement is not intended to confer third party beneficiary status on any person. Section 10: Workers Compensation Each party jurisdiction shall provide for the payment of workers compensation and death benefits to the personnel of its own jurisdiction, to the extent applicable. Section 11: Reimbursement 1. Under this Agreement, there is no expectation of automatic or contractual reimbursement for the provision of any mutual aid. However, the parties may develop compensation agreements separately or within the context of this Agreement. 2. In the event of an emergency requiring state or federal assistance, Sending and Receiving Agencies may apply jointly or separately for any type of state or federal assistance. 3. In any fiscal year in which a Sending Agency provides service to a Receiving Agency under this Agreement, both agencies shall keep accurate and comprehensive records of services performed, costs incurred, reimbursements and contributions received, and such other details as may be required in order to permit a comprehensive audit of the services. Such records shall be available for, and shall be subject to, audit as is otherwise required by law for municipal financial records. Such records shall also be summarized in an annual financial statement that will be issued to all participants in the Agreement no later than sixty(60) days of the close of the fiscal year. • 4 • Section 12: Implementation 1. This Agreement shall be binding and in effect after it is signed in accordance with the local charter, bylaws, or ordinances, and upon its approval by the legislative body, of any two municipalities. 2. Additional parties may join this Agreement upon acceptance and execution of it. Section 13: Term of Agreement This Agreement is to remain in effect for twenty-five years from the date of execution, at which time it may be extended in accordance with Massachusetts law. Any party may withdraw from this Agreement at any time by sending fourteen(14)days' prior written notice to all other parties. This Agreement shall continue to be in effect among the remaining parties. Section 14: Severability Should any portion of this Agreement be judged to be invalid by any court of competent jurisdiction, such judgment shall not impair or invalidate the remainder of this Agreement, and for this purpose the provisions of this Agreement are declared severable. • • 5 • City of Salem By: Date: Health Agent Salem Board of Health Approved as to form: Date: Elizabeth Rennard City of Salem Solicitor Approved by Kimberly Driscoll, Mayor, City of Salem: Date: [Recommend to add as exhibits, documents reflecting the votes or authorizations for each health agency to join the Agreement] • 6 • Section 12: Implementation 1. This Agreement shall be binding and in effect after it is signed in accordance with the local charter, bylaws, or ordinances, and upon its approval by the legislative body, of any two municipalities. 2. Additional parties may join this Agreement upon acceptance and execution of it. Section 13: Term of Agreement This Agreement is to remain in effect for twenty-five years from the date of execution, at which time it may be extended in accordance with Massachusetts law. Any party may withdraw from this Agreement at any time by sending fourteen(14) days' prior written notice to all other parties. This Agreement shall continue to be in effect among the remaining parties. Section 14: Severability Should any portion of this Agreement be judged to be invalid by any court of competent jurisdiction, such judgment shall not impair or invalidate the remainder of this Agreement, and for this purpose the provisions of this Agreement are declared severable. • 5 City of Salem • By: Date: Health Agent Salem Board of Health Approved as to form: Elizabeth Rennard Date: City of Salem Solicitor Approved by Kimberly Driscoll, Mayor, City of Salem: Date: [Recommend to add as exhibits, documents reflecting the votes or authorizations for each health agency to join the Agreement] • 6 City of Salem By: Date: Health Agent Salem Board of Health Approved as to form: Date: Elizabeth Rennard City of Salem Solicitor Approved by Kimberly Driscoll, Mayor, City of Salem: Date: [Recommend to add as exhibits, documents reflecting the votes or authorizations for each health agency to join the Agreement] 6 • they will be needed; and (3) The specific place and time for staging of the Sending Agency's response and a point of contact at that location. D. The parties recognize that especially during an emergency, the requirements for protection of the public health and safety may require work, services, or supplies beyond that contained either in an oral or written request (confirmation). Nothing in this Agreement should be construed to limit the ability of either agency or its personnel to respond in any manner necessary for the preservation of the public health and safety. To the extent such services or supplies are extended, the provisions of this Agreement shall apply. Section 6: Limitations 1. The provision of mutual aid is voluntary. 2. The extent of assistance to be furnished under this Agreement shall be determined solely by the Sending Agency, and the assistance furnished may be recalled at the sole discretion of the Sending Agency; provided however, that the Receiving Agency shall determine the scope of services to be delivered by the Sending Agency. Unless otherwise specified by the Receiving Agency in its request for assistance or otherwise, persons from the Sending Agency shall have the same authority in the receiving community as other • persons serving in similar capacities in the Receiving Agency. Section 7: Supervision and Control 1. Upon entering the jurisdiction of the Receiving Agency pursuant to a request under this Agreement,the employee(s) of the Sending Agency shall report immediately to the Authorized Representative of the Receiving Agency for deployment. The Receiving Agency may use an incident command system(ICS)or unified command system. 2. Employees shall remain employees of their own agencies at all times. Each agency, sending or receiving, shall be responsible for its own employees' wages,benefits, and similar obligations, as well as well as for complying with any applicable bargaining obligations that may be required by collective bargaining agreements with its employees, and for professional liability insurance for its employees and fleet insurance for its vehicles. 3. At the conclusion of any deployment, the Receiving Agency shall have the responsibility of releasing the Sending Agency's personnel and notifying the appropriate Authorized Representatives that the deployment, and hence the need for services, has concluded, unless the Sending Agency exercises its right to recall its personnel and/or equipment sooner. Section 8: Powers and Rights Each Receiving Agency shall afford to the personnel of any Sending Agency operating 3 within the Receiving Agency's jurisdiction the same •J authority as are afforded to like personnel of the Receiving Agency. Section 9: Liability 1. Each party shall be liable for the acts and omissions of its own employees and not for the employees of any other agency in the performance of this Agreement to the extent provided by the Massachusetts Tort Claims Act, M.G.L. c. 258. Each party agrees to indemnify and hold harmless the other parties to this Agreement from liability resulting from the acts and omissions of its own employees, including travel, in the performance of this Agreement to the extent the indemnifier would otherwise be liable under a direct claim pursuant to M.G.L. c. 258. 2. By entering into this Agreement, none of the parties have waived any governmental immunity or limitation of damages which may be extended to them by operation of law. 3. This Agreement is by and between the municipalities which have executed it. Each states that it is intended for their mutual benefit alone and is not intended to confer any express or implied benefits on any other person. This Agreement is not intended to confer third party beneficiary status on any person. Section 10: Workers Compensation • Each party jurisdiction shall provide for the payment of workers compensation and death benefits to the personnel of its own jurisdiction, to the extent applicable. Section 11: Reimbursement 1. Under this Agreement, there is no expectation of automatic or contractual reimbursement for the provision of any mutual aid. However, the parties may develop compensation agreements separately or within the context of this Agreement. 2. In the event of an emergency requiring state or federal assistance, Sending and Receiving Agencies may apply jointly or separately for any type of state or federal assistance. 3. In any fiscal year in which a Sending Agency provides service to a Receiving Agency under this Agreement, both agencies shall keep accurate and comprehensive records of services performed, costs incurred, reimbursements and contributions received, and such other details as may be required in order to permit a comprehensive audit of the services. Such records shall be available for, and shall be subject to, audit as is otherwise required by law for municipal financial records. Such records shall also be summarized in an annual financial statement that will be issued to all participants in the Agreement no later than sixty(60) days of the close of the fiscal year. 4 i • within the Receiving Agency's jurisdiction the same authority as are afforded to like personnel of the Receiving Agency. Section 9: Liability 1. Each party shall be liable for the acts and omissions of its own employees and not for the employees of any other agency in the performance of this Agreement to the extent provided by the Massachusetts Tort Claims Act, M.G.L. c. 258. Each party agrees to indemnify and hold harmless the other parties to this Agreement from liability resulting from the acts and omissions of its own employees, including travel, in the performance of this Agreement to the extent the indemnifier would otherwise be liable under a direct claim pursuant to M.G.L. c. 258. 2. By entering into this Agreement, none of the parties have waived any governmental immunity or limitation of damages which may be extended to them by operation of law. 3. This Agreement is by and between the municipalities which have executed it. Each states that it is intended for their mutual benefit alone and is not intended to confer any express or implied benefits on any other person. This Agreement is not intended to confer third party beneficiary status on any person. Section 10: Workers Compensation • Each party jurisdiction shall provide for the f payment o workers compensation and death benefits to the personnel of its own jurisdiction, to the extent applicable. Section 11: Reimbursement 1. Under this Agreement, there is no expectation of automatic or contractual reimbursement for the provision of any mutual aid. However, the parties may develop compensation agreements separately or within the context of this Agreement. 2. In the event of an emergency requiring state or federal assistance, Sending and Receiving Agencies may apply jointly or separately for any type of state or federal assistance.. 3. In any fiscal year in which a Sending Agency provides service to a Receiving Agency under this Agreement,both agencies shall keep accurate and comprehensive records of services performed, costs incurred, reimbursements and contributions received, and such other details as may be required in order to permit a comprehensive audit of the services. Such records shall be available for, and.shall be subject.to, audit as is otherwise required by law for municipal financial records. Such records shall also be summarized in an annual financial statement that will be issued to all participants.in the Agreement no later than sixty(60) days of the close of the fiscal year. 4 • Mutual Aid Agreement among Cities and Towns in Emergency Preparedness Region 3D This Mutual Aid Agreement ("Agreement") is entered into by and between the following cities and towns: Section 1: Purpose The purpose of this Agreement is to provide for mutual aid and assistance between the municipalities entering into the Agreement when the resources normally available to a municipality are not sufficient to cope with a situation which requires public health action. The health and well being of a community will best be protected through the concerted efforts of multiple public health agencies providing assistance to one another. The promotion and coordination of this assistance through this Agreement is desirable for the effective and efficient provision of mutual aid and assistance. This Agreement is in no way intended to substitute for the ordinary public health activities of any city or town. The parties intend that designees from the Sending Agency will not operate as the sole personnel of the Receiving Agency. Section 2: Authority • Pursuant to M.G.L. Chapter 40, Section 4A, mutual aid agreements may be made among municipalities or municipal agencies, with the authorization of the City Council and Mayor in a city, and of the Board of Selectmen in a town. Section 3: Defmitions Authorized Representative means an official of a signatory entity who is authorized to request,offer, or otherwise provide assistance under this Agreement. A member/designee of the public health agency, if so authorized shall be the Authorized Representative. If a member/designee of the public health agency is not authorized, the Authorized Representative shall be the chief executive officer or other officer so authorized; and this officer shall work jointly with a member/designee of the public health agency. Mutual Aid means aid to another public health agency in the form of personnel, equipment, facilities, services, supplies, or other resources appropriate to public health programs, including.but not limited to inspections; vaccination clinics; centers for the distribution of pharmaceuticals; administrative assistance; specimen collection, conveyance, and testing; consulting; environmental assessment; and other programs. Public Health Agency means the appropriate and legally designated health authority of • the city,town, or other legally constituted governmental unit within the Commonwealth having the usual powers and duties of the board of health or health department of a city 1 or town. • Receiving Agency means the public health agency requesting mutual aid from another Public health agency. Region means one of the Emergency Preparedness Regions established b the Massachusetts Department of Public Health. Y Sending Agency means the public health agency that provides mutual aid to anoth er public health agency. Section 4: Other Agreements This Agreement recognizes and does not supersede present and future mutual.aid agreements or intermunicipal agreements among the signatories of this Agreement. This Agreement does not limit any party jurisdiction's ability to enter into mutual aid agreements in the future with neighboring municipalities and public health agencies, whether inside or outside Region 3D. Section 5: Requests for Assistance 1. The public health agency of each party jurisdiction shall designate an Authorized Representative in accordance with Section 3. The Authorized Representative of a Receiving Agency may request the assistance of another party jurisdiction by contacting the Authorized Representative of that jurisdiction. The Authorized Representative of a Sending Agency may authorize the sending of mutual aid. 2. The emergency center operations of each party jurisdiction shall maintain a list of contact information for each Authorized Representative for each party jurisdiction. If a party jurisdiction designates a new Authorized Representative, it hall immediately provide all other party jurisdictions with the new Authorized Representative's contact information. Any municipality that joins this Agreement after its effective date shall provide all existing party jurisdictions with the contact information for its Authorized d 3. The provisions of this Agreement shall apply only to requests for assistance made and to the Authorized Representative. by A. Requests may be verbal or in writing, and `writing" date,shall include email. B. If verbal, the request shall be confirmed in writing at the earliest possible and the Receiving Agency shall use its best efforts to provide the written confirmation no later than five (5) calendar days following the verbal request. C. Written requests shall provide the following information: (1)A description of the function for which assistance is needed; (2) The amount and type of personnel, equipment, materials, services, supplies, • and/or other resources needed, and a reasonable estimate of the length of time 2 b or town. Receiving Agency means the public health agency requesting mutual aid from another public health agency. Region means one of the Emergency Preparedness Regions established by the Massachusetts Department of Public Health. Sending Agency means the public health agency that provides mutual aid t public health agency. o another Section 4: Other Agreements This Agreement recognizes.and does not supersede present and future mutual.aid agreements or intermunicipal agreements among the signatories of this Agreement. This Agreement does not limit any party jurisdiction's ability to enter into mutual aid agreements in the future with neighboring municipalities and public health agencies whether inside or outside Region 3D. Section 5: Requests for Assistance 1. The public health agency of each party jurisdiction shall designate an Authoriz • Representative in accordance with Section 3. The Authorized Representative Authorized Receiving Agency may request the assistance of another party jurisdiction by contacting the Authorized Representative of that jurisdiction. The Authorized Representative of Sending Agency may authorize the sending of mutual aid. a 2. The emergency center operations of each party jurisdiction shall maintain contact information for each Authorized Representative for each art a list of ct party jurisdiction designates a new Authorized Representative, it hall ,immediatel If a provide all other party jurisdictions with the new Authorized Representative's contact information. Any municipality that joins this Agreement after its effective provide all existing party jurisdictions with th date shall e contact information for its Authorized Representative. 3. The provisions of this Agreement shall apply only to requests for assistance and to the Authorized Representative. made by A. Requests may be verbal or in writing; and °`writing"shall include email. B. If verbal, the request shall be confirmed in writing at the earliest possible date and the Receiving Agency shall use its best efforts to.provide the written confirmation no later than five(5) calendar days following the verbal request. C. Written requests shall provide the follo wing m g information: (1)A description of the function for which assistance is needed; (2) The amount and type ofpersonnel, equipment, materials, services supplies, and/or other resources needed, and a reasonable estimate ofthe length o liies, e 2 • �, / ,v • •