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
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