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MEETING PACKET APRIL 2015 CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 W ASHINGTON STREET,4"FLOOR %bliCHeakh TEL. (978) 741-1800 FAx(978) 745-0343 Prevent.Promote.Protect. KIMBERLEY DRISCOLL lramdin@salem.com LARRY RAMDI.N,RS/REFIS,CIIO,CP-FS MAYOR HEALTH AGENT NOTICE OF MEETING You are hereby notified that the Salem Board of Health will hold its regularly scheduled meeting Tuesday April 14, 2015 at 7.00 PM 120 Washington Street 3rd Floor Room 312 MEETING AGENDA 1. Call to order 2. Approval of Minutes Q 3. Chairperson Communications Z, 33 4. Public Health Announcements/Reports/Updates n w a. PHN Report 70 b. Health Agent w C. Administrative , o ' o 5. Continuance of executive session: Purpose 1, per MGL Ch30A S21 (a)(1): To discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual. 6. Continuance of nuisance complaint 69 Orchard Street 7. Council Liaison Updates 8. New Business/Scheduling of future fgig�bi osted on "Officia Bulletin Board",-,,, City Hall, Salem, Mass. on - 8; 02-10 at in in accordance ith MGL Chap. 30A, Larry Ram in Sec ions 18-25. Health Agent cc: Mayor Kimberley Driscoll, Board of Health, City Councilors Next regularly scheduled meeting is May 12, 2015 at 7pm at City Hall Annex, 120 Washington Street 3rd Floor 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 March 10, 2015 DRAFT MEMBERS PRESENT: Dr. Shama Alam(Chair), Janet Greene, Paul Kirby &Dr. Danielle Ledoux OTHERS PRESENT: Victoria Caldwell, Assistant City Solicitor, Mark Danderson new Board of Health member, Suzanne Doty, Public Health Nurse, Council Liaison Beth Gerard, Larry Ramdin Health Agent, & Heather Lyons-Paul Clerk of the Board TOPIC DISCUSSION/ACTION 1. Call to Order 7:15pm 2. Minutes of Last Meeting J. Greene motioned to accept the minutes. Dr. Ledoux 2"d (February 11, 2015) Motion Passed 3. Chairperson Announcements Dr. Alam welcomed the new Board member, Mark Danderson. Since Mr. Danderson has not been sworn in under oath, he will be observing at this meeting. Dr. Alam discussed meeting protocol with the Board 4. Monthly Reports-Updates A. Public Health Nurse's Copy available at the BOH office Report B. Health Agent's Report *L. Ramdin held a hearing at the request of the owner of 3 Buffum Street to discuss the challenges he has complying with the violation order *L. Ramdin met with the regional opiate task force to discuss the setup of Salem stakeholders group to address opiate use and overdose concerns *There is a city-wide spending freeze until FYI 6. All purchases must be essential and has to be approved by the Finance Director Copy available at the BOH office C. Administrative Report Copy available at the BOH office P. Kirby motioned to approve the reports 2"d J Greene Motion passed 5. Executive Session: Dr. Ledoux motioned to go into executive for purpose 1 Purpose 1 and resume the meeting after the executive session is closed. 2"d J. Greene Motion passed Executive Session was continued to the next meeting. 6. Continuance of Nuisance complaint 69 Orchard Street The Board of Health meeting was called back in session by Dr. Alam. Dr. Alam asked the members of the audience to announce if they are recording the meeting. The Salem Evening News, a Salem resident, and three SSU students are recording the meeting. For future reference members of the public recording a meeting should communicate this to the Chair at the start of the meeting. Dr. Alam informed the audience that this is not a public hearing and that there are only 2 parties that are invited to speak to The Board: Mr. &Mrs. Cordy with their attorney Mr. Goodman, and Michelle Conway. Atty. Goodman: The nuisance is not the keeping of hens at 69 Orchard Street it is the small size of the lot and the proximity to the Cordy's property and the effect it has on them. It is unreasonable to conduct this activity in the specific location for these reasons. Atty. Goodman asked for the Cordy's to elaborate on this. Mrs. &Mr. Cordy— 1 Orchard Terrace: The Cordy's can hear chickens at any time of the day anywhere in the house even with the windows closed. The closeness of the coop causes a nuisance. They have been unable to use the yard since August 2014. Mr. Cordy has to wear a mask when outside in his backyard. The nuisance will not change in reference to where the coop is on that property. • Michelle Conway- 69 Orchard Street : Mrs. Conway is disputing that the feathers are considered a nuisance. She has moved the chicken run to comply with the ordinance and change the size of her chicken coop wire so it's more difficult for any feathers to escape the coop. (Her full statement is available at the Board of Health office.) J. Greene was recognized by the Chair and reiterated her statement from the last Board meeting. She will not be recusing herself because she has no financial gain and does not socialize with either party. She asked that the board and parties involved trust her integrity and objectivity as a member of The Board of Health and that she holds herself at a high standard because she is a Board member. Dr. Ledoux asked for the perspective from Janet Greene because she lives in the neighborhood. J. Greene said she lives further away from the chickens than the Cordy's do. She has not heard any chicken noises while walking through the neighborhood. L. Ramdin verified this from having conducted the inspections. • Dr. Alam asked both parties if they have done any type of community arbitration. Both parties responded that arbitration has not been done. The Board discussed the nuisance complaint and what action should be taken at this time. The Board further discussed that more information is needed to make a fmal decision and a continuation of the nuisance complaint topic is necessary. Dr. Ledoux motioned that the Board defer a vote until the Board is able to gather more information arising out of the executive session discussion and the nuisance complaint. P. Kirby 2"d Motion passed 7. City Council Liaison Updates The Public Health Safety and Environment Committee will meet March 24th at 6:30pm to discuss the Board's reduction. Dr. Alam asked Larry to provide M. Danderson with background information on this topic. 8. New Business/ Scheduling of future agenda *Continuance of nuisance complaint. items *Continuance of Executive Session Purpose 1 *L. Ramdin will start providing a mid-month Health Agent update to the Board 9. MEETING ADJOURNED: P. Kirby motioned to adjourn. Dr. Ledoux 2"d Motion passed 9:30pm Respectfully submitted, Heather Lyons-Paul �erk of the Board Next regularly scheduled meeting is April 14, 2015 at 7pm At City Hall Annex, 120 Washington Street,Room 313 Salem. • Health Agent report April 2015 g P P Announcements • Jeffrey Barosy MPH, REHS-IT started work as a Sanitarian on April 27. We welcome Jeffrey and look forward to him enhancing the Salem Public Health team • Training on addition s will be held at the Salem Police Department on May 13th. The program will provide tools to the police officers on what drives addictive behaviors and is a sponsored by the MAOPC Regional grant Community Outreach • Shelter training for volunteers was held on April 21 at the Salem High School. The training was an introductory to sheltering operations and included a tour of the shelter facility at the Salem High school. A training program on shelter management is proposed for the near future. So that in an emergency, Salem will have a trained cadre of volunteers to staff an emergency shelter. • EDS 101 training was held on April 22 the training reviewed the functioning of an lie Emergency Dispensing site and operational roles Public Health Highlights • A walk through was conducted at Jodi-Bee bakes proposed store in the Museum place mall. • The Salem Opiate Prevention and control committee continues to meet and we are developing outreach and overdose preventions strategies Meetings and Trainings • Staff attended the MHOA/DEP Community Sanitation seminar in Peabody. Topics discussed of interest was Beach Sampling, Camps and housing issues • Larry Ramdin attended the MEHA onsite wastewater for Local Officials training seminar • Larry Ramdin attended the first DPH regional Health Directors meeting at the Tewksbury State hospital, the meeting discussed the role that DPH plays in the region and identifying community needs to assist in meeting public health mandates. Inspections SItem Monthly Total YTD 2014 Total Certificate of Fitness 52 159 559 Inspection Certificate of Fitness 0 3 17 reinspection Food Inspection 18 58 384 Food Re-inspections 1 14 124 Retail Food 1 4 23 Inspections Retail Food 1 1 7 reinspection General Nuisance 1 3 14 Inspections Food— 0 0 1 Administrative Hearings Housing Inspections 12 67 183 Housing re- 1 10 39 inspections Rodent Complaints 1 1 23 Court 3 5 10 Hearings/filings Trash Inspections 10 32 218 Orders served by 0 0 2 Constable Tanning Inspections 1 1 1 Body Art 0 0 1 Swimming pools 0 0 23 Bathing Beach 0 0 100 Inspection/testing Lead Determination 0 0 1 Septic Abandonment 0 0 1 Septic System Plan 0 0 1 Review Soil Evaluation 0 0 1 Percolation tests 0 0 2 Total 96 364 1737 Suzanne Doty RN, BSN • Salem Board of Health Public Health Nurse Public Health Nurse Report Reporting on March 6th 2015 to April 91h2015 Disease Prevention • Investigated reportable diseases and reported case information to MDPH. • In contact with North Shore Pulmonary Clinic and MGH pulmonary clinic on current active tuberculosis cases. • In contact with NSMC Infection Control department for prevention of disease within the hospital. Health Promotion • Updated the Salem Board of Health Facebook and Twitter pages with information on World Tuberculosis Day and World Autism Awareness day. • Met with Paula Dobrow, Director of Nursing, Salem Public Schools, to discuss potential • for holding flu clinics at the schools for students during this coming flu season. • Attended the Head Start Health Fair at the Carlton School on March 26th with Heather Lyons where we had a display on healthy eating and portions and taught the children about"My Plate."We gave out about 50 of the plates in both English and Spanish, each one has color coded sections with food group names and drawings to show which foods and how much of each should be included with each meal. (Photo on last page.) • Provided the Lydia Pinkham Memorial nurse with 2 vials PPD from the Department of Public Health. I was able to do this because they serve a population of children in Salem who have not yet been set up with a primary care physician but need vaccines and a PPD test in order to attend school. • Provided vacation coverage for the town of Peabody for DOT visits and MAVEN cases for one week. Provided guidance and literature to Peabody school nurses regarding Chickenpox and assisted in disease follow up at a facility to prevent a potential outbreak. Meetings/Trainings • Attended presentation by Chris Herren on March 9th during an assembly as Salem High School where he spoke to the students about his struggle with drug addiction. His talk seemed to have a great deal of influence on the students and several of them opened up about their own struggle with addiction in their families. • Participated in the MAOPC Salem working group meeting on March 10`h where we . discussed the current situation regarding opioid abuse and overdoses and planned an addiction awareness training scheduled for May 1 P,at the Salem Police Department. • Currently planning and preparing to host 2 Emergency preparedness trainings in April. A • Sheltering Table Top training on April 21 st for all MRC members and new recruits and an Emergency Dispensing Site training on April 22°d with EDS site walk through. Monthly Report of Communicable Diseases March 2015 Disease #Of Cases New Carry Over Discharged Running Total for Reported Total for 2014 2015 Tuberculosis 1 0 1 0 2 5 (Active) Latent 2 2 0 2 2 31 Tuberculosis* Calicivirus/No 0 0 0 0 1 1 rovirus Campylobacte 1 1 0 1 1 10 riosis Chikungunya 0 0 0 0 0 1 Ehrlichiosis 0 0 0 0 0 1 Enterovirus 0 0 0 0 0 0 • Giardiasis 1 1 0 1 1 0 Group A 0 0 0 0 0 2 Streptococcus Group B 2 2 0 2 4 6 Streptococcus Haemophilus 0 0 0 0 0 0 Influenzae Hansen's 0 0 0 0 0 0 Disease Hepatitis B* 0 0 0 0 0 2 Hepatitis C* 2 2 0 2 4 37 Influenza* 5 5 0 5 21 27 Legionellosis 0 0 0 0 0 0 Lyme 0 0 0 0 0 7 Disease* Malaria 0 0 0 0 0 1 Meningitis 0 0 0 0 0 2 Pertussis 0 0 0 0 0 2 Salmonellosis 1 1 0 1 2 3 Shigatoxin 0 0 0 0 0 1 Producing Organism Shigellosis 0 0 0 0 0 4 Streptococcus 0 0 0 0 0 2 Pneumoniae Varicella* 0 0 0 0 0 3 Vibrio 0 0 0 0 0 0 West Nile 0 0 0 0 0 0 Total 15 14 1 14 38 148 *Notifications only, LBOH not required to follow up or investigate per DPH. Summary of Current Communicable Diseases TB: Case#1: Case continues to be seen for DOT once per month. This patient is consistently following their medication regime by using a daily medication box; they are very compliant with appointments and feeling well. Group B Streptococcus: Case#1: This patient was an elderly resident of a nursing home; they were revived after being found unresponsive and brought to the hospital. They were found to have the infection in their blood as well as other medical complications and unfortunately passed away while in intensive care. Case#2: This patient presented at the emergency department from home with shortness of breath and swollen legs with open sores. They were found to have the infection in their blood likely due to chronic open legions on their lower legs. They recovered with antibiotics and rehabilitation and have since gone home. They are homebound and do not attend any day programs.No further follow up is needed, this case is closed. Giardia: Case#1: This patient recently moved to Salem from another country. Upon speaking with the primary care physician's office, they stated that this patient was seen for a routine physical and did not have any symptoms; they believe they carried the infection from their home country and the PCP plans to treat the infection. This patient is not currently employed and no household contacts have become symptomatic. There is no further follow up necessary at this time and this case is closed. Salmonella: • Case#1: This case was hospitalized for several days and upon discharge was negative for salmonella. • They are not a food worker or caretaker. No contacts have been ill but they are unsure where they may have gotten the infection. They have no history of recent travel or dining out during the incubation period. At this time, we have not seen anymore cases and there is no further follow up required, this case is closed. Campylobacteriosis: Case#1: This patient was an adolescent who worked as a food worker in a facility outside of Salem. The town in which they worked was notified as well as their employer. They were withheld from work until they had completed treatment and provided a negative specimen. They were very compliant and no contacts have become symptomatic. They did not have a history of travel during the incubation period and were unsure if they had eaten at any restaurants, they did have extensive contact with several different animals however. I notified the department of public health and at this time they stated the case could close because we are not seeing any linked cases. • • • r of w 1 ° �wrx4� it Health Dept. Clerical Report FY 2 Burial Permits Permits Plan Reviews Certificate of Copies/ Fines Revenue Permit Fees $25 Fitness $50 July-14 $450.00 $815.00 $850.00 $2,115.00 Food Service Est. <25seats $140 August $900.00 $2,415.00 $1,950.00 $5,265.00 25-99 seats s280 >99 seats $420 September $775.00 $1,000.00 $180.00 $950.00 $200.00 $3,105.00 Retail Food <i000sq' $70 October $625.00 $1,804.00 $1,350.00 $7.00 $3,786.00 l000-10,000 $28o >10,000 $420 November $675.00 $0.00 $90.00 $1,700.00 $2,465.00 'Temp.Food 1-3 days s3oo December $850.00 $50,095.00 $3,450.00 $54,395.00 4-7days $hoo >7days s Jan ua ry-15 Example of>7 day temp food permit: $725.00 $2,670.00 $180.00 $650.00 $800.00 $5,025.00 14(da s)divided bY 7=2 xs600=$1200 February $675.00 $5,895.00 $1,550.00 $100.00 $8,220.00 Frozen Desserts $25 March $1,500.00 $2,635.00 $1,350.00 $5,485.00 Mobile Food $210 April $0.00 Plan Reviews New s18o Remodel sgo May $o.00 June Catering s25 per event/s2oo $0.00 catering kitchen Body Art Est. $315 Total $7,175.00 $67,329.00 $450.00 $13,800.001 $1,107.00 $89,861.00 Body Art Practitioner 135 Tobacco Vendors $135 Fiscal Year Budget 2015 Suntan Est. $140 Rec. Day Camp $10 Salary Starting Endinq Expenses Ext.Paint Removal $35 Full Time $341,229.00 $99,174.70 Startina Ending Transport Off.Subst. s1o5 Part Time $15,997.00 $9,634.50 $17,050.00 $7,233.55 Overtime $2,000.00 $496.23 Swimming Pools Seasonal $140 Balance $359,226.00 $109,305.43 Health Clinic Revolving Account Annual$210 Nonprofit$40 $11,688.22 Title V Review s18o Well Application $180 Disposal works $225118o Executive session Purpose#1 continuation April 14, 2015 Members Present: Dr. Shama Alam(Chair), Mark Danderson, Janet Greene, Paul Kirby, &Dr. Danielle Ledoux Others Present: Victoria Caldwell, Assistant City Solicitor, Heather Lyons-Paul, Clerk of the Board, Larry Ramdin, Health Agent, Atty. Goldman, &Mr. & Mrs. Cordy City Solicitor Victoria Caldwell gave a copy of the proposed confidentiality agreement to the Board members for review. The Board met in executive session to discuss the proposed confidentiality agreement designed for the Board to obtain additional information regarding the health risk. After review of the proposed confidentiality agreement and proposed amendments to it, the Board voted to not agree to enter into it and voted by roll call to go forward with the information it has outside of the proposed confidentiality agreement with Atty. Goodman. Minutes of these executive sessions will remain confidential per open meeting law. J. Greene motioned to go forward with discussion on nuisance complaint based on the evidence that we have currently have and to go forward with a roll call. Roll call vote to adjourn Executive Session Paul Kirby—In Favor Dr. Ledoux—In Favor Janet Greene- In Favor Dr. Alam—In Favor Mark Danderson- In Favor Executive Session Purpose#1 March 10, 2015 Members Present: Dr. Shama Alam(Chair), Mark Danderson, Janet Greene, Paul Kirby, & Dr. Danielle Ledoux Others Present: Vickie Caldwell, Assistant City Solicitor, Heather Lyons-Paul, Clerk of the Board, Larry Ramdin, Health Agent, Atty. Goldman, &Mr. &Mrs. Cordy Dr. Alain limited the executive session meeting to discussing the letter from Mr. Cordy's doctor and questions the board has about the letter. Another letter sent by Atty. Goldman has request that this topic be limited because Mr. Cordy's medical issues have been brought up in a public meetings in the past Atty. Goldman believes there is a conflict with a Board member as well. As a result the Cordys do not feel comfortable discussing Mr. Cordy's health problems further than what is written in his doctor's letter Upon Atty. Goodman's proposal the Board agreed to consider a confidentiality agreement so that Dr. Ledoux could discuss Mr. Cordy's health risk with his physician and relay any relevant information to the Board. A first draft of the confidentiality agreement will be written and sent to the City Solicitor Victoria Coldwell and will be brought to the meeting next month to be discussed in executive session. Minutes of these executive sessions will remain confidential per open meeting law. J. Greene motioned to adjourn the executive nd � t o session meeting, P Kirby 2 Roll Call Vote to adjourn Executive Session Paul Kirby—In Favor Dr. Ledoux—In Favor Dr. Alam— In Favor Mark Danderson— abstained because he has not been sworn in by the City Clerk as of yet. Executive session adjourned CI rY OF SALEM, MASSACHUSEI rS BOARD OF HEALTH POHcHWth 120 WASHINGTON STREET,4'FLOOR Prevent.Promote.Protect. TEL. (978)741-1800 FAx(978) 745-0343 KIMBERLEY DRISCOLL lramdin e;salem.cotn Dr. Shama Alain M.D. MAYOR Chair, Board of Health April 14, 2015 Kevin Cordy One Orchard Terrace Salem, MA 01970 Michelle Conway 69 Orchard Street Salem, MA 01970 Re: Nuisance Allegations Dear Mr. Cordy and Ms. Conway: I am writing on behalf of the Board of Health to u date you on the process soafar with respect to the above-referenced nuisance allegation. As you know,the Board has been reviewing the apprrgpriateness of Board of Health enforcement tte h respect to allegations of a public health nuisance-arising-out,of the keeping of chickens at 69 Orchard Street. Ile the Board ordinarily relies on its Health''Agent to identify and enforce against public health nuisances within City, this matter has raised the unique issue of whether there can be aypublic health nuisance arising out of an activity that is lawful under the City's ordinances but may create health risk specific to an individual. Due to the unusual circumstances, the Board has b�reviewin the issue at public meetings and is attempting to i g p p g gather all relevant information before making a decision. Tonight, we are again entering into executive session to discuss a medical issue. Once the Board is satisfied it has all the information that it is capable of gathering, the Board will then engage in deliberation and vote as to its policy in this matter. It is anticipated that this deliberation and vote will take place in open session at the Board's next meeting, currently scheduled for May 12, 2015. In order far-my-additional information to be onsid`ered, we strongly sugge$t that it be submitted to the,'Board in wrifing ahead of the meeting.-Prior-to the�deliberation aid vote;you will also have the opportunity-to-be heard d ri g-the public commerit� efiod at the-May 12�meeting. � �� 0 J � S WhenFhea end_for the Ma, 12)meetm J _osted we will.also send-a,co p -to- ou via first-class mail. g9 L Y g p pY Y V►er.y truuly yours, Ve n t x- romote-- . IF-Irotect ., Dr. Shama Alam Chair, Salem Board of Health Attorney Carl Goodman Larry Ramdin, Health Agent Date—i, ' Time �� S� Atv, Inspection of ��2�. -- Address Name Tel. No. N vl c �� Inspector !,DD#er e of Inspection— ( " Remarks and Violations are listed below: b>� �� '�N\�a� ��1��T�6�'Ra,.`�' YaL�� +l✓1-\1�A�\��I.� t`-�C��IA�i Ne }. L' 1 � �� t�'+6�d�-� }��' �-'�1�1e-�r.x k�dt �nr��tta�1�l��►l �-7. �-til� O mej ISM A-7, a S\c54�- SAS`s��aa�a Report Received by: state Inspect on t)onald R.Fsmieq LicehseNut»ber " Rgatine inspl etion tue: cenfied Animal control Q(icer 3 Issue Datc Inspector.o"Anineals Inr eaedts Com lalnt � 1 - r SP Y P 1.11 3 _ r Date 1 3— !3 SnecialOperptions Time — 978-744-01?]x121 `- `--- "-- Salem Police-D.ep a rtm enT 95 Msrgin S!roct 978-825-0131 1:ac Belem.Massachusetts 0197c, djamtcofb;so/empd.ne/ NAME OF FA GIEMY ADDRESS AI+-� NAME ANDJEDRESS OFMETERINAMAN. YES NO A..ARE.BUILDINGk PRTMJ$ES-AND GONVEVANCE5 I M A SA NITARY;CONDITION? _ &ARE ANIMAL;CAGES,.PFNSANO`VNS CLEANED AS OFTEN AS NECE3SA10 TQ Ai N.TAIH.A..-S.AWTARY CONDITION? G IS SUFFICIENT.FRESH FOOD:OFFEREO DAILY10 ER,cH ANIMAL? D.IS SUFFICIENT FRESH WATER OFFERED T0,EACH ftNIMAL? E.ARE ALL ANIMAP PROVIDED WITH.ADECIUATE SHELTER AND PROTECTION FROM 7HE10EAT1400 ,/ F.ARE ANIMALS KEPT IN A•REtATIVE S?ATE OF T31EF;M_AL NEUTRALITY? G,AREVC0905,0F•A1VMAtS BEING PROPERLY KEPT? 1 OWNER OR;O N.NAMEAND;ADDRESS., BGARDEW!E,RDS. SALES RECORDS.FMkDICt1:LRECORDS. _ _ H.ARE:ANIMALS PROVIDED WITH NI Pf$SMY VETEIIINARIAN CARET r TOtJQBSERVf ANY ANTMkLS DISPtAY1NG ANYSIGNS OF D15EA5EEMACIATIONPAMSiTISIVI;:INJURY OR:OTHER NORMALITY?E ANIMALS GNERWORICED:OR 01/ERLOADED.PE ANIMALS TRANSPORTED IN A HUMANE MANNER AND SO:A9 NOT To`ENDANGER TA-ANItVIAL? L.,DOYOU3EEANY.VIOLATIONS OF ANY.LAVIf? TYPE OF FACILt'fY f1NIMALS INVOLVED COMMEAOM VW � L� L] t✓lr�r� �.`�� --t/_____%'�+`''f Gr=l-t C P.C�,yi r-rit-`. �t�✓ �i��'C-?G7Z IF u� e 3. j:=;e ---- IJ�£— t c' 4- Cvoe /WAGS -eer o.�� S iL—A-P RECEIVED By. SPD fASE 4FFtCER'SSIGMA7 j 11 46 To the Board of Health members: As the Ward Councillor in the neighborhood where the so called "Chickengate" is taking place, I am acutely aware of the intensity of this issue. In our neighborhood, we have a great many trees as most of our streets are tree-lined,with Orchard Street being no exception.We are also right next to Greenlawn Cemetery,where just this past weekend an organized bird walk counted 52 different species of birds. Greenlawn is approximately 2/10ths of a mile from these two properties on Orchard Street and Orchard Terrace. When the Cordys(or their representation) provided pictures of the feathers found on their property at a previous Board of Health meeting, I looked further into the possibility of those feathers coming from chickens or other birds.The questions I sought to answer were: 1. How many different species of birds are there in Salem,and particularly in North Salem? 2. Could any of the feathers shown in the pictures come from birds other than chickens? To answer these questions, I initially contacted the Massachusetts Department of Fisheries and Wildlife (aka MassWildlife)who did not have Salem-specific information, but advised me to "google an Essex County bird group". When I googled those search terms, I found the Essex County Ornithological Club (http://www.massbird.org/ecoc/)and the Vice President,Jane Winchell,who works in town. I met with her to show her the pictures and get her opinion as a local birder. She stated that she knew of a bird survey previously done in Salem Woods that found approximately 50 different types of birds, but she did not have any specific information on birds in North Salem. Additionally,she said she could not conclusively state that the feathers in the pictures were or were not chicken feathers.She noted that one picture looked like a particular species of chicken, Rhode Island Red.She also disclosed that she does not live in Salem but owns chickens and is very familiar with their plumage. I then contacted Ms. Conway to ask if she owned the Rhode Island Red type of chicken,to which she responded she does not. Hopefully this information will help inform your decision and if you have any further questions, please don't hesitate to contact me.Thank you for your time and attention to this matter. Sincerely, Beth Gerard Ward 6 Councillor 49 Larchmont Road 978-219-7249 i fact sheet L71 Noise Background Noise is a type of air pollution that results from sounds that cause a D e SP a rft°m a t� ; nuisance, are or could injure public health, or unreasonably interfere with E N V I R O N M E N T A L the comfortable enjoyment of life, property, or the conduct of business. P R o T E C T 1 0 N Types of sounds that may cause noise include: • "Loud" continuous sounds from industrial or commercial activity, demolition, or highly amplified music; • Sounds in narrow frequency ranges such as "squealing" fans or other rotary equipment; and • Intermittent or "impact" sounds such as those from pile drivers, jackhammers, slamming truck tailgates, public address systems, etc. Policy A noise source will be considered to be violating the Department's noise regulation (310 CMR 7.10) if the source: Massachusetts Department of 1. Increases the broadband sound level by more than 10 dB(A) Environmental Protection t above ambient, or One Winter Street 2. Produce a "pure tone" condition —when any octave band center Boston,MA 02108-4746 frequency sound pressure level exceeds the two adjacent Commonwealth of center frequency sound pressure levels by 3 decibels or more. Massachusetts These criteria are measured both at the property line and at the nearest Mitt Romney,Governor inhabited residence. "Ambient" is defined as the background A-weighted Executive Office of sound level that is exceeded 90% of the time, measured during equipment operating hours. Ambient may also be established by other Environmental Affairs means with consent of the Department. Ellen Roy Herzfelder,Secretary For more information: Department of For complaints about specific noise sources, call the Board of Health for Environmental Protection the municipality in which the noise source is located. Edward P.Kunce, Acting Commissioner To learn more about responding to noise, odor and dust complaints or to request state assistance or support, please contact the service center in Produced by the the nearest DEP regional.office. � Bureau of Waste Prevention February 2003. • Central Region, Worcester: (508) 792-7683 Printed on recycled paper. 0 Northeast Region, Wilmington: (978) 661-7677 • Southeast Region, Lakeville: (508) 946-2714 This information is available in 0 Western Region, Springfield: (413) 755-2214 alternate format by calling our ADA Coordinator at This Policy was originally adopted by the MA Department of Public Health in the early (617)574-6872. 1970's. It was reaffirmed by DEP's Division of Air Quality Control on February 1, 1990, and has remained in effect. noisefs 9 Page 1 of 1