MEETING PACKET MAY 2013 •
NOTICE OF MEETING
You are hereby notified that the Salem Board of Health will hold its regularly scheduled meeting
Tuesday May 14, 2013 at 7:00 PM
City Hall Annex, 120 Washington St. Room 314
MEETING AGENDA
1. Call to order
2. Approval of Minutes from April 10, 2013
3. Organization of BOH
4. Chairperson Announcements
5. Public Health Announcements/Reports/Updates
a. Health Agent
b. Public Health Nurse Report
c. Administrative
d. Council Liaison
6. Miscellaneous
7. Adjournment
Larry Ramdin
Health Agent
cc: Mayor Kimberley Driscoll, Board of Health, City Councilors
Next regularly scheduled meeting is June 11, 2013 at 7pm at City Hall Annex, 120
Washington Street Room 312
Know your rights under the open meeting law MGL chapter 30A ss 18-25 and City
Ordinance section 2-2028 through 2-2033
i
` CITY OF SALEM
BOARD OF HEALTH
MEETING MINUTES
April 8, 2013
IR
EMBERS PRESENT: Dr. Barbara Poremba, Chairperson, , Martin Fair, Gayle Sullivan &Dr. Larissa Lucas
IP
OTHERS PRESENT: Larry Ramdin Health Agent, Council Liaison Thomas Furey
MEMBERS EXCUSED: None
TOPIC DISCUSSION/ACTION
1. Call to Order 7:20 pm
2. Minutes of Last Meeting Motion to approve of minutes 2/5/13 by M. Fair. 2"d
(February 5, 2013) 3 for, 0 against, 1 abstention. Motion passes.
3. Chairperson Announcements BOH invoked the Rule of Necessity to hold February's meeting;
Since then, City Solicitor Beth Rennard advised that rule of
necessity to permit meetings without a quorum should only be used
for elected Boards per state ethics rules. Salem BOH is appointed.
Beth Rennard will consult with state ethics commission.
The board reviewed the events at the council hearing held on
3/15/13 at which all board members were present and made
statements to the council in support of the repeal of the amendment.
The Board discussed the reduction of the size of the Board from 7
members to 3 members and decided to send a letter to the council
• requesting that they repeal the 1972 amendment and revert to the
original 1912 Mass General law of a 3 member board which is in
keeping with other communities.
Motion by Martin Fair that a request be sent to City Council to
approve a home rule petition for submission to the
Massachusetts legislature to repeal special act, Chapter 654 of
the Acts of 1972. The repeal will effectively reduce the size of
the Salem Board of Health to 3 members in keeping with MGL
Chap 111§26. 2"d L Lucas. 4 for, 0 against, 0 abstentions.
Motion passes unanimously.
Councilor Furey supports this request and will present it to the City
Council. All 4 members also signed a letter to be sent to all
members of city council via snail and email.
4. Monthly Reports-Updates
A. Health Agent Presented and approved. Copy available in BOH office.
Report *Mercury thermometer drop off is in place at the Board of Health
office. The BOH requested that Larry Ramdin put out a press
release and add information about this to the website.
*Contract is out to bid for sharps container. It will be located at the
Fire Station on Derby Street. The BOH requested that Larry
• Ramdin put out a press release and add information about this to the
website when it is available to the public.
I
*An additional clerk has been asked for in FY 14 budget. This is a
critical need and has the full support of the BOH.
* H7N9 flu strain in China is being carefully monitored. Will
update the board as available.
• * FAQ about state Medical Marijuana Regulations given to Board
for informational purposes.
* Maria's Sweet Something's: There has been an open door issue
with this establishment since 2006.Several citations have been
written but according to the HA, Maria Harris, the owner, has
ignored the public health requirement to keep the door closed. Ms.
Harris was previously advised to make request for a minor
modification to the Design Review Board and the Salem
Redevelopment Authority in order to install screen doors, if she
wishes to keep her doors open. L. Ramdin requested that the BOH
authorize him to send a letter indicating options to remediate this
problem and consequences for keeping doors open which includes
suspension of the permit to operate a food establishment.
Motion by G. Sullivan to direct Larry Ramdin to send a letter
to the owner of Maria's Sweet Something's outlining
requirements, options and consequences of keeping doors open
in a Food establishment. Failure to comply will result in the
suspension of the Food establishment permit. 2"d L Luccas.
Motion passes unanimously.
B. Public Health Presented and approved. Copy available in BOH office.
Nurse's Report
• C. Administrative Presented and approved. Copy available in BOH office.
Report
D. City Council None presented
Liaison Updates
5. Food Establishment Food Establishment Enforcement Policy reviewed and discussed.
Enforcement Policy Motion by M. Fair to approve Food Enforcement Policy with
corrections. 2"d L. Lucas
Motion passes unanimously.
6 Meeting Adjourned 8:40 PM
Respectfully submitted,
Heather Lyons-Paul
Clerk of the Board
• Next regularly scheduled meeting is May 14, 2013 at 7pm
At City Hall Annex, 120 Washington Street,Room 311 Salem.
•
JUSTINA POLVERE RN,BSN
SALEM BOARD OF HEALTH
PUBLIC HEALTH NURSE
P p,]QC ALTH NITRSE REPORT
Reporting on April 4th-May7th 2013
Disease Prevention
■ Investigated 6 reportable diseases and reported case information to MDPH
■ In contact with North Shore Pulmonary Clinic on current active cases
• Health Promotion
o Blood pressure screenings/medication Q&A every Monday at the Salem Council on
Aging
o Investigated a foodborne illness complaint; educated on foodborne illness prevention and
accompanied Elizabeth Gagakis and David Greenbaum on a full inspection
o Sent all Salem, Ma Recreational Summer camps a camp packet; included information on
Christian's law
o Hosted an education day at the Salem Board of Health—had students from the Salem
Community Charter School at the BOH to learn the roles of each member; brought
students on a"mini-inspection" of a local restaurant
o Posted article on tick and mosquito prevention and sun safety on The Patch, WordPress,
Facebook, and Twitter
o Sent information to Salem, Ma school district on possible mumps outbreak at Boston
College
o Updates on Facebook and Twitter on Asthma and Allergy Awareness Month(Mayl-31)
and World Asthma Day May 7, 2013
•
Meetings/Clinics
•
o Attended The Global TB Institute's "TB Intensive Program" from April 23-261" in
Newark, NJ
o Completed "Foundations to Local Public Health" and attended graduation ceremony in
Boylston, Ma
Monthly Report of Communicable Disease
Disease Reported # Of Cases New Carry Over Discharged
Tuberculosis 2 1 1 1
Malaria 1 1 0 1
Campylobacter 2 2 0 2
Hep A- suspect 1 1 0 1
Varicella- suspect 1 1 0 1
Summary of Communicable Diseases
• TB:
Case#1: Case being followed by MDPH and treated in Boston since 2011
Case#2: This is a LTBI case; case is a new arrival—referrals to pulmonary clinic have been made
Malaria:
Case#1: Case emigrated from another country and is a new arrival to the U.S. Shortly after arrival
became symptomatic; case treated and fully recovered.
Camplylobacteria:
Case#1: Case fully recovered after antibiotic treatment. Case is not a food handler and does not work in a
daycare. Case has no close contacts that are ill.None of the close contacts work in a daycare or are food
handlers. Full investigation conducted; no identifiable cause noted.
Case#2: Case fully recovered after antibiotic treatment. Case is not a food handler and does not work in a
daycare. Case has no close contacts that are ill.None of the close contacts work in a daycare or are food
handlers. Full investigation conducted; no identifiable cause noted.
Hep A
Case#1: This was investigated and it is not an active case. Case has been vaccinated from Hep A in the
• past.
• Varicella:
Case#1: This was not a laboratory confirmed case. Case is up-to-date on vaccinations. Case excluded
from school as recommended. All close contacts are vaccinated or immune. Case has fully recovered.
a CITY OF SALEM MASSACHUSETTS
• BOARD OF HEALTH IV
120 WASHINGTON STREET 4"'FLOOR PublicHealth
Prevent.Promote.Protect.
TEL. (978) 741-1800 FAx(978) 745-0343
KIMBERLEY DRISCOLL Iramclin@,salein.com
Lr\RRl'1Zr\b'1DLN,RS/RI?FIS,Clio,CP-FS
MAYOR HF.'AL'n-1 A(A'N'r
May 14, 2013
Maria Harris
Maria's Sweet Somethings
26 Front Street
Salem Ma 01970
Dear Ms. Harris,
RE: Order to correct violation and notice to suspend permit for failure to comply with 105CMR.590
The Salem Board of Health has issued several violations and tickets associated with open doors at your establishment.
Despite these fines and warnings your establishments continues maintain open doors, in one instance the afternoon
after a ticket was issued for keeping the doors open the doors were found to be open once more, this indicates an utter
sregard for the requirements of the Massachusetts Food Establishment regulations food 105CMR590.00 and the
169 Food Code §6.202.15.
Outer Openings, Protected.
1. (A) Except as specified in¶¶(B), (C), and (E) and under¶(D)of this section, outer openings of a food
establishment shall be protected against the entry of insects and rodents by:
1. (1) Filling or closing holes and other gaps along floors,walls, and ceilings;
2. (2) Closed, tight-fitting windows; and
3. (3) Solid, self-closing, tight-fitting doors.
2. (B)Paragraph (A) of this section does not apply if a food establishment opens into a larger structure, such as
a mall, airport, or office building, or into an attached structure, such as a porch, and the outer openings from
the larger or attached structure are protected against the entry of insects and rodents.
3. (C)Exterior doors used as exits need not be self-closing if they are:
1. (1) Solid and tight-fitting;
2. (2)Designated for use only when an emergency exists, by the fire protection authority that has
jurisdiction over the food establishment; and
3. (3)Limited-use so they are not used for entrance or exit from the building for purposes other than the
designated emergency exit use.
4. (D)Except as specified in¶¶(B) and (E)of this section, if the windows or doors of a food establishment, or of
a larger structure within which a food establishment is located, are kept open for ventilation or other purposes
or a temporary food establishment is not provided with windows and doors as specified under¶(A) of this
section, the openings shall be protected against the entry of insects and rodents by:
1. (1) 16 mesh to 25.4 mm(16 mesh to 1 inch) screens;
2. (2) Properly designed and installed air curtains to control flying insects; or
3. (3) Other effective means.
5. (E)Paragraph (D) of this section does not apply ifflying insects and other pests are absent due to the location
of the establishment, the weather, or other limiting condition.
At our visits you have made several claims of the inadequate ventilation and the building being historic and you
cannot make the suggested correction of installing screen doors. We have contacted the Historic Commission staff
liaison and the building you occupy does not have a historic prohibition or fall under their purview. Also, we have
observed that there is a window air conditioner installed on one of your windows, use of this air conditioner may
alleviate the ventilation problem. As the operator of a food establishment, you are required to ensure that there is
adequate ventilation at your facility. Further, we have advised that the simplest solution that will allow for you to
have open doors is to install screen doors at your facility. We have contacted the pertinent city departments and they
have indicated that screen doors are permitted at the site your establishment is located and all you have to do is file
the necessary applications with the Design Review Board and Salem Redevelopment Authority. You may contact
Andrew Shapiro Staff Planner assigned to the both Boards for further information at 978-745-9595 ext. 5685.
Please be advised that the Salem Board of Health orders that all outer openings comply with the requirements
of the 1999 Food Code 6.202.15. Failure to comply with this order will result in the suspension of your Food
Establishment permit pursuant to 105 CMR 590.014(B)
Please be advised that you have the right to a hearing before the Board of Health and such hearing must be
requested in writing within 10 days of receipt of this notice.
Yours very truly
Larry Ramdin •
Health Agent
Salem Board of Health
Delivered BY: Qs Nfc-,�
Printed name Signature
Received By: �o
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Printed name Signatu
• Maria's Sweet Somethings
26 Front Street
Salem,MA 01970
978-825-9111
May 22,2013
City of Salem,Massachusetts
Board of Health
120 Washington Street,4th Floor
Salem,MA 01970
Attention: Larry Ramdin,Health Agent
Reference: Order to correct violation to comply with 105CMR.590
Dear Mr.Ramdin:
As per your letter I am requesting a hearing before the Board of Health within the
• 10-day limit of your notice dated May 14,2013,and received on May 16,2013.
As per your recommendation and the prior recommendations of your other health
inspectors,David Greenbaum and Delilah Castro,I have purchased an air curtain to
place over the doorway in question. It is larger than I expected so 1 will need to hire
someone to install it I hope to have it installed by this weekend.
If you have any questions regarding this matter,please call me at your convenience.
S7ztal<
4L,l--7
Maria Harris,owner
Maria's Sweet Somethings
cc Board of Health board members
i,�r, RECEIVED
M MAY) MAY 23 Z013
?ut ig '5011 CITY OF SALEM
C" 1 BOARD OF HEALTH f
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