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MEETING PACKET MARCH 2015 CITY OF SALEM, MASSACHUSETTS • 4& -BOARD OF HEALTH 'tm 120 WASHINGTON STREET 4`"FLOOR �gC � Prevent.Promote.Protect. TEL. (978)741-1800 FAX(978) 745-0343 KIMBERLEY DRISCOLL lramdin@salem.com i j LARRY ILkMDIIV,R.S/1tEf{S,CI-IO,CI I S MAYOR HEALTH AGENT NOTICE OF MEETING You are hereby notified that the Salem Board of Health will hold its regularly scheduled meeting Tuesday March 10, 2015 at 7.00 PM 120 Washington Street 3rd Floor Room 312 MEETING AGENDA 1. Call to order 2. Approval of Minutes 3. Chairperson Communications 4. Public Health Announcements/Reports/Updates n a. PHN Report b. Health Agent E,>m y, cn c. Administrative r 5. Executive Session:Purpose 1 � w 6. Continuance of nuisance complaint 69 Orchard Street 7. Council Liaison Updates 8. New Business/Scheduling of future agenda items Z Larry Ramdin Health Agent cc: Mayor Kimberley Driscoll, Board of Health, City Councilors Next regularly scheduled meeting is April 14, 2015 at 7pm at City Ball Annex, 120 Washington Street 3Id Floor Room 312. Know your'rights under the open meeting law MGL chapter 30A s& 18-25 and City ., Ordinance section 2-2028 through 2-2033 This notice posted on "Offi ' BUl ' *ard" City Hall, Salem, Mass. on t ` at 4;b'j PM in accordance with MGL Chap. 30AI Sections 18-25. CITY OF SALEM BOARD OF HEALTH MEETING MINUTES February 11, 2015 DRAFT MEMBERS PRESENT: Dr. Shama Alam(Chair), Janet Greene, Paul Kirby, Dr. Danielle Ledoux, & Dr. Barbara Poremba OTHERS PRESENT: Suzanne Doty, Public Health Nurse, Council Liaison Beth Gerard, Heather Lyons-Paul, Clerk of the Board, Larry Ramdin, Health Agent &Joyce Redford, NSCA Tobacco Alcohol Policy Program Director TOPIC DISCUSSION/ACTION,, . . 4„ 1. Call to Order 7:13 m w 4W, ` „ ,. 2. Minutes of Last Meeting Dr. Ledoux motioned to approve the minutes of the (January 71h& 21S`) meeting o,Hinuary'7th P. Kirby 2nd Motion passed � Dr.-Ledoux motioned to approve the minutes of the meeting.of January,21St with correction. P. Kirby 2"a Motion passed 3. Chairperson Announcements; '' . *Dr. Alamanformed the Board that with regret Dr. Poremba will be retiring from the Board of Health. P Kirby expressed sadness at-,the news, and stated that he felt very welcomed --and had learned a lot from Dr. Poremba. Dr. Ledoux thanked for-her service. M s *Mayor Driscoll submitted a nomination for a new board � < member,-Marc Danderson to the City Council. Y `,",-",*The Board discussed a retreat for the Board Members. The d purpose would be to talk about long and short term goals and operational guidelines. .. ; *Dr. Alam asked for a motion to take the agenda out of 4x order. Dr. Poremba motioned to take the agenda out of order to rs Tf hear tobacco violation hearings next. Dr. Ledoux 2nd Motion passed 4. Monthly Reports-Updates A. Public Health Nurse's *Hepatitis C numbers are higher this year because there is an Report increase in reporting. J. Greene noted that since treatments are available more testing is being done thus the increase in Hepatitis C numbers. *There is still flu vaccine and S. Doty is taking appointments. Approved copy available at the BOH office B. Health Agent's Report *Mr. Ramdin informed the Board that Delilah Castro is leaving the end of the week. 5 people have applied for the sanitarian's position. * Salem is starting to build a coalition to address opiate use and overdose prevention. Salem is participating in a$20,000 grant with Lynn and Peabody. The Board is very interested to see how this coalition will develop. Stakeholders will include members of the public, first responders, community leaders and others. Approved copy available at the BOH C. Administrative Report office Approved copy available at the BOH office Dr. Poremba motioned to accept all reports. P Kirby 2nd, Motion passed D. City Council Liaison The Council Committee meeting to discuss Board reduction Updates was postponed. The City Council has also been discussing opiate dependency. 5. 2nd offense tobacco violation hearings for the following permit holders: a. Sunny Corner Owner was not present. He did call the Health department to say he was ill and could not attend but is aware of the violation and does not contest any findings or action taken by the Board. Due to the history of the violations L. Ramdin did contact the owner to let him know the next violation the Board received for Sunny Corners can result in revocation of tobacco permit. Dr. Poremba motioned that pursuant to the Board of Health regulation 24 Section P (B) that the tobacco sales permit for Sunny Corner's tobacco permit be suspended for 7 days from February 15th to 21st inclusive and additionally be reminded that the 3 d offense can lead to revocation of their permit. All tobacco products and advertisements are to be removed from establishment during the period of suspension. Also advised is to receive training from J. Redford. Dr. Ledoux 2nd Motion passed b. Tropicana Market The clerk thought that the underage youth was the same customer that came in the night before which is why they did • not check her ID. Looking back at the recording it wasn't the same person. L. Ramdin made suggestions to the owner about carding. Dr. Poremba motioned that pursuant to the Board of Health regulation 24 Section P (B) that the tobacco sales permit for Tropicana Market's tobacco permit be suspended for 7 days from February 15th to 21st inclusive and additionally be reminded that the 3ra offense can lead to revocation of their permit. All tobacco products and advertisements are to be removed from establishment during the period of suspension. Also advised is to receive training from J. Redford. P. Kirby 2"d' Motion passed c. Richdale Convenience J. Redford explained that the youth asked for a `blue' meaning electronic, but was given blue camels. Owner explained to the Board that he owns 7 other stores with no violations for the last 3-4 years. Requesting to only pay the fine not the suspension. P. Kirby motioned that pursuant to the Board of Health regulation 24 Section P (B) that the tobacco sales permit for Richdale Convenience on Bridge Street be suspended for 7 days from February 15th to 21st inclusive and all tobacco products be removed from establishment during the period of suspension. Additionally that the 3rd offense can lead to revocation of their permit. Also advised is to receive training from J. Redford. Dr. Ledoux 2"d. Motion passed • Owner explained to the Board that he's owned the business d. Shell Gas Station for 26 years. A week's suspension will lose a lot more than just tobacco sales, its food sales, and gas. He is concerned about losing customers in that week to other businesses in the area and not getting them back. He would rather pay a higher violation than to have his permit suspended for a week. He would like to see the regulation changed to charge the employee with the violation not the business. Owner .,` acknowledged that the employee that made the sale to a minor had been employed for 6 years. J. Redford confirmed the owner's question that rolling papers are not included as a tobacco product. Dr. Poremba motioned that pursuant to the Board of Health regulation 24 Section P (B) that the tobacco sales permit for Shell Gas Station be suspended for 7 days from February 15th to 21st inclusive and additionally be reminded that the 3rd offense can lead to revocation of their permit. All tobacco products and advertisements are removed from establishment during the period of suspension. Also advised is to receive training from J. Redford. P Kirby 2"d. Motion passed • L. Ramdin and J. Redford will arrange training for all tobacco permit holders 6. Executive Session: Purpose 1 Dr. Alam informed the Board of a letter sent to her from • Atty. Goldman's Office. (Letter is available as part of the record). She informed the Board that on the advice of the City Solicitor the executive session should be postponed. P. Kirby motioned to postpone the executive session until March 10'h's meeting. Dr. Ledoux 2"d Motion passed 7. Nuisance complaint 69 Orchard Street J. Greene and Dr. Alam met with the Assistant City Solicitor, V. Caldwell, to discuss a nuisance complaint in her neighborhood. Board member J. Greene made a statement indicating that she had offered comments at the ZBA about keeping of chickens at 69 Orchard Street and she has no personal relationship with the owner and no financial interests in this matter. She is able to view the matter objectively Atty. Melanie Toner challenged J. Green's objectivity. Dr. Ledoux motioned to discussing the nuisance postpone g order until the next Board of Health meeting on March 10, 2015. J. Greene 2"d Dr. Poremba abstained. Motion passed • 8. New Business: New matters that are not J Greene suggested timing agenda items to help keep anticipated prior to posting the agenda meetings on track. 9. MEETING ADJOURNED: Dr. Ledoux motioned to adjourn the meeting P Kirby 2"d Motioned passed 9:05pm Respectfully submitted, Heather Lyons-Paul Clerk of the Board Next regularly scheduled meeting is March 10, 2015 at 7pm At City Hall Annex, 120 Washington Street,Room 311 Salem. Health Dept Clerical Report FY 2015 'r z �' ,b�arc, u;,td a,u..F�xt°aY4°fir c,..i.i.:+'^tv.. •�:'n �' R?by rr a ,x'�k; n,.i..., a,a..,.a..; rhn es.«.'�w . ,..,+k�'.; .,r .r et.., ,a.. a'. ..,54Y,„5.,st :,.Y, M, Burial Permits Certificate of Copies Fines ' Revenue Permit Fees $25 Permits Plan Reviews Fitness $50 Y ' Food Service Est. <25 seats $140 July-14 $450.00 $815.00 $850.00 $2,115.00 $5,265.00 25,-99 seats $280 >99 seats $420 August $900.00 $2,415.00 $1,950.00 00Retail Food <l000sq' $7o September $775.00 $1,000.00 $180.00 $950.00 $200.00 $3,105. l000 lo,000 $28o >lo,000 $420 October $625.00 $1,804.00 $1,350.00 $7.00 $3,786.00 November $2,465.00 Temp.,Food 1-3 days $300 $675.00 $0.00 $90.00 $1,700.00 December $850.00 $50,095.00 $3,450.00 $54,395.00 47,days shoo >`7days -s Example of>7 day ternp food permit. January-15 $725.00 $2,670.00 $180.00 $650.00 $800.00 . $5,025.00 14(d6 s)divided b 7=s xs600=sizoo February $900.00 $100.00 $5,475.00 Frozen Desserts $25 $1,250.00 $3,225.00 $o March .00 Mobile Food $210 April $0.00 Plan Reviews New, $180 May $0.00 Remodel $90 $25 per event/$zoo June $0.00 Catering catering kitchen : .. Body Art Est $315 Total _8 .. $6,250. 0 0.. $62,024.00 $450.00 $11,800.00 $1,107.00 , $81,631.00 Body Art Practitioner 135 Tobacco Vendors $135 Fiscal Year Budget 2015 Suntan Est. $140 Rec.Day Camp $10 Salary Starting Endinn Expenses Ext.Paint Removal $35 Starting EndingTransport off.Subst. $lo5 Full Time $341,229.00 $121,827.88 _� Part Time $15,997.00 $1,047.00 $17,050.00 $8,142.91 Swimming Pools, Seasonal $140 Overtime t77$2,000.00 Balance $359,226.00 $123.371.11 Health Clinic Revolving Account Annual`s210 Nonprofit$46 $13,688.22 Title V Review $18o Well Application $18o Disposal works $225/18o 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. Alam limited the executive session meetingto discussing the letter from Mr. Cordy's doctor and g Y 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 session meeting, P Kirby 2nd 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 02/11/2015 13:41 3394405962 GOODMAN LAW PAGE 01/04 LAW OFFICE OF C,ARL D. GOODMAN i 154 Lynnway—Suite 1 C LYNN,MAssAcHusETTs O1902 781-584-6566— 781-639-8100 33g�40-5962 far-simileGarl D_ C�aodmaxa Coreen Sullivan carffiattarneygoodman,com 6SU11ivan@att&"goodman_cam Melanie j.Toner mtoner®atiarneygoodman.com Facsffi-ffle tdmmittal To: Ms.Heather Lyons-Paul Fax: (978) 745-0343 From: Carl D.Goodman,Esq_ Date: l~eb. 11,2015 Re; 69 Orchard St. Pages: Cover+3 cc: Dean Heather: Please see that the Chairperson and Mr, Ramdin see the attached correspondence Promptly. Thank you. Very truly yours, CARL D. (WOODMAN 02/11/2015 13:41 3394405962 GOODMAN LAW PAGE 02/04 LAW OFFICE OF CARL D. GOODMAN 154 Lynnway—Suite l C LYNN,MAssAcKlus;TTS 01902 781-584-6566— 781-639-8100 339440-5962 facsimile Carl D. Goodman Coreen Sullivan carl0attorneygoodman.cam Uldlavan®attorneypodman.com Melanie J.Toner mtoner@attorneygoodman.com February 11, 2015 Dr. Shama Alam, Chairperson By Facsimile: 1-978-745-0343 Board of Health City of Salcm 120 Washington Street, 4`h Floor Salem, MA 01970 RE: 69 Orchard Street—Nuisance Complaint Dear Dr.Alam: • please be advised that this office represents Mar_ Kevin Cordy and Ms. Kristin Cordy who reside at 1 Orchard Terrace in Salem. .As you are aware, Mr. Ramdin, your Health Agent, had informed my clients that he was issuing an order to the owner of the premises at 69 Orchard Street directing that she cease and desist from maintaming a nuisance on her premises relating to the keeping offowl. It is our understanding that the Board directed Mr.Ranadin to refrain from issuing the order and placed the matter on the agenda for tonight's meeting of the Board of Health. According to Mr.Ramdin,the Board intends to go into Executive Session to discuss personal health issues of one of my clients. Mr. Raradin has indicated that a member of the Board had requesting blanket authorization for direct access to one of my clients'physician. You should be aware that there has already been an improper disclosure of confidential health information. As blanket access to confidential health information is not warranted and the Board of Health has failed to provide any assurance that there would be no further improper disclosures, my clients have declined to grant that access to confidential medical information. A request for specific information that may be useful and necessary would be considered. As you are no doubt aware,Massachusetts General.Laws Chapter 30A Section 21 provides in pertinent part: • 02/11/2015 13:41 3394405962 GOODMAN LAW PAGE 03/04 Dr. Shama Alain Page 2 of 3 February 11, 2015 Section 21. (a)A public body may meet in executive session only for the following purposes: (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. The individual to be discussed in such executive session shall be notified in w icing by the public body at least 48 hours prior to the"osed executive session; provided, however, that notification may be waived upon written agreement of the parties.A public body shall hold an open session if the individual involved requests that the session be open.if an executive session is held,such individual shall have the following rights: i. to be present at such executive session during deliberations which involve that individual; ii_ to have counsel or a representative of his own choosing present and attending for the purpose of advising the individual and not for the purpose of active participation in the executive session; iii. to speak on his own behalf; and iv. to cause an independent record to be created,of said executive session by audio- recording or transcription, at the individual's expense. The rights of an individual set forth in this paragraph are in addition to the rights that he may have from any other source, including, but not limited to,rights under any laws or collective bargaining agreements and the exercise or non-exercise of the individual rights under this section shall not be construed as a waiver of any rights of the individual. (italics added) Although Mr.Ramdin informed my clients that the Board would go into Executive Session to discuss the personal medical issue which is permitted under Sub-Section (1) above ("physical condition"),Mr.Ramdin specifically informed my clients that they could not be present and could not participate in the Executive Session which is clearly contrary to the provisions of Section. 21(a)(1)(i-iv). My clients have not;received a written notice of the Executive Session listed on the Agenda for tonight's Board of Health Meeting and the verbal notification that contradicted the statutory requirements is not a substitute for the mandatory notice. Accordingly,should the Board of Health vote to go into Executive Session to discuss this matter,the sane would be a knowing and intentional violation of G.L. Chapter 30A and would be subject to remedies as provided in G.L. Chapter 30A, Section 23. • 02/11/2015 13:41 3394405962 GOODMAN LAW PAGE 04/04 Dr. Shaxna Alain Page 3 of 3 February 11, 2015 ,Finally, zany clients had requested that the entire matter be postponed until the March meeting of the,Board of Health,but Mr.Ramdin indicated that the matter would proceed. We note that the Agenda for tonight's meeting lists both the Executive Session and an open session and again we request that the Board refrain from proceeding on this matter other than by allowing Mr. Ramdin to cause his Order to be served. VPD. ur , ODMAN CDG:hbs something is re , then use the "shall" and any ' dge or lawyer now what you mean. If you lea someth to eone's discre , then use "may". (e t to"re-inv -the whee The chanc a od that whatever m confronts s arisen in so her Massachus If anothe wn has ul ' n, and h ome erience m ng it, then co 'ng copying their lation. There is penalty for "pla ' " when it mes rafting ulations. awyers d j dges love cedent, an help to show t same regulation h een•used in more than one to es , copying es he drafting task ch easier. To obtain copies of gulations, to he inspectors, contact HB, and check the DEP files ( ich should include eve local Board of Healt egulation). (2) Publish and post notice for a public hearing. Chapter 111, §31 of the Massachusetts General Laws requires that a public hearing notice satisfy the following requirements: (a) List the date and day of the week, time of day(specify A.M. or P.M.), and place of the hearing. Double check to eliminate clerical or typographical errors. (b) Describe the subject matter "sufficient for identification", which means that It should be at least a very brief summary (one or two sentences) of the proposed regulation; (c) Be sure the notice is published twice (once in each of two successive weeks)in a newspaper of general circulation in the town, with the first publication being at least 14 days before the scheduled hearing date. While only regulations dealing with Title 5 issues require public hearings, MAHB strongly advises holding public hearings prior to considering or adopting any local regulation. (d) Post the notice in the Town Hall for a full 14 days before the hearing. NOTE: G.L. c. 111 §31 only requires posting a notice in the Town Hall for 14 days as an alternative to publication. However, I recommend both. That way, if there turns out to be some defect in either the posting or publication,then doing both kinds of notice can save the.validity of the regulation. Careful lawyers call this a "belt and suspenders"approach. (3) Take notes or minutes at the public hearing Anyone who has ever taken minutes at a Zoning Board of Appeals or Planning Board hearing can help with this task. All you need to do is document the fact that the hearing was held at the date, time and place stated in the posted and published notices, and briefly summarize what comments and discussion took place. A "sign-up" sheet might be helpful also, just to provide an attendance record. The notes or minutes should be typed up, with a copy of the attendance record attached. (4) Document the vote adopting the regulations. Adoption of the regulation does not have to occur at the public hearing, and probably should not if the hearing results in some revisions, or If the board wants to entertain written comments from the public for-a time certain after the hearing. If revisions resulting from a public hearing are substantial, it may be best to hold another public meeting. The vote needs to be taken at a regular public meeting, properly posted to comply with the open meetings law. (5) Publish a summary notice of the new regulation. G.L. c. 111, §31 contains the following requirement: "A summary which shall describe the • substance of any regulation made by a board of health under this chapter shall be published once in a newspaper of general circulation in the city or town, and such publication shall be Appendix B II persons."The complete text of the regulation need not be published. notice to a 9 P P (6) File regulations with Department of Environmental Protection. r f health regulations should be filed with the Boston offices of the Copies of local board o h P 9 Department of Environmental Protection, as required by the General Laws, Chapter 21A, §8. (7) File everything with the City or Town Clerk! Finally, any regulation adopted by a local board of health should be filed with the local town clerk, together with all accompanying documentation, as follows: (a) cover letter to DEP; (b) _ complete text of the regulation; (c) published and posted notices of the public hearing; (d) minutes of the public hearing, and minutes of the meeting at which the regulation was adopted; (e) published summary notice of the new regulation. The City or Town Clerk's records are the permanent records of the municipality. In most municipalities they go back two or even three hundred years. Records of individual municipal agencies have a bad habit of disappearing after a few years, especially in small towns which must rely on unpaid volunteers and part-time staff. Filing with the Municipal Clerk helps insure permanent preservation of both the regulation itself, and documentation proving compliance with all procedural requirements. SAMPLE 9OVER LETTER TO DEP: [ date J Department of Environmental Protection 1 Winter St. Boston, MA 02108 SUBJECT: New local board of health regulations for the Town of Dear Sir or Madam: Enclosed for filing with DEP are new local regulations adopted by the Town of Board of Health on [ date ]. A public hearing. Pursuant to Chapter 111, Section 31 of the General Laws (G.L. , 111, §31) was held on [ date]. [if these regulations pertain to subsurface sewage disposal add the following.]The text of the enclosed regulation includes a section entitled "Statement of local conditions or other reasons for adoption of regulation" to satisfy this requirement of G.L. c. 111. §31. A notice of the public hearing was published in a newspaper of general circulation in the town. [HERE INSERT THE NAME OF NEWSPAPER AND BOTH DATES ON WHICH THE NOTICE WAS PUBLISHED.]This notice was published twice, one in each of two successive weeks, with the first publication not less than 14 days before the hearing date. In addition, a notice of the public hearing was posted in the Town Hall for a period of fourteen days prior to the hearing. A notice with a summary describing the new regulation was published once, after the regulation was adopted by the board of health. [HERE INSERT THE NAME OF THE NEWSPAPER AND BOTH DATES ON WHICH THE SUMMARY OF THE REGULATION WAS PUBLISHED.] Appendix B V Finally, copies of the following documents have been fled with our•Municipai Clerk: (1)this letter to DEP; (2)the enclosed regulation; •(3)published and posted notices of the public hearing; (4)minutes of the public hearing, and minutes of meeting at which regulation was adopted; (5)published summary notice of the new regulation. If there are questions or if more information is needed, please let us know. Your assistance in this regard is greatly appreciated. Very Truly Yours, [Local health agent or-board of health member] I - Appendix B PUBLIC HEARINGS (Posted by Edward T. Neal on MAHB's list serve on Wednesday, March 1, 2000) I hope this is of help to all you "good soldiers". Public Hearings Before the Hearing: Before the hearing there are several things that you should do. Complete drafting your regulation or amendment to an existing regulation. Proofread it several times. If it is an amendment, reread the whole regulation or at least the whole section being amended to insure that the amendment meshes with the rest of the regulation and does not make it contradictory. Discuss the regulation or amendment publicly with your Board at posted meetings and make sure that the minutes reflect that the issue was discussed. Attempt to reach total consensus among Board members. Insist on a vote endorsing the draft amendment before holding the hearing. Regulations supported by unanimous votes of the Board are much more defensible at hearings and if you get a unanimous vote of support, it will be less likely that one of your own Board members will be proposing to change the regulation at the hearing (in front of the crowd). If that happens it will look as if you did not prepare properly before proposing the regulation and opposition at the hearing will attempt to use it to discredit you. If one or more of your Board members are not in favor of the regulation you should make EXTENSIVE efforts to forge a compromise. If unsuccessful and the majority of the Board is still in favor of enacting the regulation, you should carefully document the reasons for your colleagues' dissent and the reasons that the majority does not feel those reasons compelling enough to alter or scrap the proposed regulation. Be prepared to explain to the public and the hearing that the proposed regulation does not enjoy unanimous support and the reasons why. Send your draft regulation or amendment to M.A.H.B. legal counsel for review before finalizing and advertising the proposed regulation. Discuss and amend the regulation as necessary. Advertise the proposed regulation or amendment prior to the hearing. We publish a notice including either the entire proposed regulation if possible (ads are expensive) or a summary directing people to the Town Clerk's office or the Board of Health office for the complete text 14 and 7 days before the hearing. This is legally required for Title 5 regulations not for other BOH regs but we do it anyway to eliminate any claims that we failed to properly inform the public. We also direct mail to the regulated community if the regulations will only affect them. If we are planning on regulating a previously unregulated group, we try to contact them directly also. For instance when we were proposing Keeping of Animal permits where none were previously required, we posted our proposed regulations in pet stores and feed stores as well as advertising in the newspaper. You don't want to be accused of failing to adequately inform the public or regulated community of either the content of the proposed regulation or the date of the public hearing, which is their opportunity to participate in the process. If you are proposing something that will be controversial, you don't want to give your opposition anything to hang their hat on and thereby discredit your motives or methods. Control the Hearing: A public hearing is not a free-for-all where the public can come into your meeting and debate you or attempt to intimidate you by engaging in disorderly behavior. If you allow it to happen it is your own fault. A public hearing is supposed to be an opportunity for the public to voice their opinion on proposed regulations in an orderly fashion so that you can consider their input on the impact of the regulations prior to enactment. My experience is that proposed regulations usually enjoy unanimous Board support and it is unlikely that any comments at a hearing will dissuade the Board of the fundamental need for the regulation. This assumes that all previously recommended steps were taken. Therefore, it is essential that the Board Chairman create an environment where people who have come to the hearing to express their concerns and offer suggestions which may actually make your regulation more effective, reasonable or enforceable are not drowned out or discouraged from participating by the hardcore group who will be there attempting to torpedo your whole proposal. The hardcore guys will sometimes try to complain about certain aspects of your proposal but you will shortly see that they simply don't want any regulation whatsoever. The other group has proven to me that sometimes the regulated community can see problems in their own industry and help you to level the playing field and improve public health based on their experience and insight. The Board Chairman has the ability to make the hearing productive (more than a legal requirement)by effectively controlling the meeting. You must have a strong, eloquent Chairman. Look at your board. If you have a Chairman who is a hell of a nice guy that dedicates much of his free time to Board of Health business but is mild mannered or a poor public speaker, you should look at the other members of your Board to see if it would be more appropriate for a younger, more aggressive or eloquent member to preside as acting Chairman over a contentious and potentially raucous public hearing. The existingChairman should take no affront at this option. While man Boards of p Y Health owe their effectiveness and responsiveness to many Chairmen who are ill equipped to conduct a contentious public hearing, a Board's standing in the community can be drastically diminished by poorly conducting a public hearing. You can never appear ill prepared or flustered and command the respect of your constituents. Enough on that, the best-equipped Board member should function as Chairman for the hearing. The hearing can be held as part of a regularly scheduled meeting, the advertisement should set out the time the hearing should be held and other business set aside at that time to hold the hearing. If it is suspected that the hearing will be well attended or controversial, I recommend that a special meeting be held with the public hearing being the only item on the agenda. This will allow you to concentrate on the hearing without feeling pressured to wrap it up in order to take care of your regular business. Have copies of the proposed regulation/amendment available at the hearing so that attendees can follow along with the comments of those who were interested enough to go get copies prior to the hearing. Declare the hearing open at the designated time. The Chairman should read the preamble of the proposed regulation/amendment, which should include the reason the regulation/amendment is being proposed, and refer to the Board's authority under Ch. 111, Sec. 31 to enact "reasonable regulations to protect public health." If the regulation is brief, it should be read in its entirety. If not,the Chairman should simply read the preamble, refer the audience to the copies available and proceed to set out the ground rules for the hearing. The Chairman should explain that the proposal is being put ' f Control the Hearing: A public hearing is not a free-for-all where the public can come into your meeting and debate you or attempt to intimidate you by engaging in disorderly behavior. If you allow it to happen it is your own fault. A public hearing is supposed to be an opportunity for the public to voice their opinion on proposed regulations in an orderly fashion so that you can consider their input on the impact of the regulations prior to enactment. My experience is that proposed regulations usually enjoy unanimous Board support and it is unlikely that any comments at a hearing will dissuade the Board of the fundamental need for the regulation. This assumes that all previously recommended steps were taken. Therefore, it is essential that the Board Chairman create an environment where people who have come to the hearing to express their concerns and offer suggestions which may actually make your regulation more effective, reasonable or enforceable are not drowned out or discouraged from participating by the hardcore group who will be there attempting to torpedo your whole proposal. The hardcore guys will sometimes try to complain about certain aspects of your proposal but you will shortly see that they simply don't want any regulation whatsoever. The other group has proven to me that sometimes the regulated community can see problems in their own industry and help you to level the playing field and improve public health based on their experience and insight. The Board Chairman has the ability to make the hearing productive(more than a legal requirement)by effectively controlling the meeting. You must have a strong, eloquent Chairman. Look at your board. If you have a Chairman who is a hell of a nice guy that dedicates much of his free time to Board of Health business but is mild mannered or a poor public speaker, you should look at the other members of your Board to see if it would be more appropriate for a younger, more aggressive or eloquent member to preside as acting Chairman over a contentious and potentially raucous public hearing. The existing Chairman should take no affront at this option. While many Boards of Health owe their effectiveness and responsiveness to many Chairmen who are ill equipped to conduct a contentious public hearing;a Board's standing in the community can be drastically diminished by poorly conducting a public hearing. You can never appear ill prepared or flustered and command the respect of your constituents. Enough on that,the best-equipped Board member should function as Chairman for the hearing. The hearing can be held as part of a regularly scheduled meeting, the advertisement should set out the time the hearing should be held and other business set aside at that time to hold the hearing. If it is suspected that the hearing will be well attended or controversial, I recommend that a special meeting be held with the public hearing being the only item on the agenda. This will allow you to concentrate on the hearing without feeling pressured to wrap it up in order to take care of your regular business. Have'copies of the proposed'regulation/amendment available at the hearing so that attendees can follow along with the comments of those who were interested enough to go get copies prior to the hearing. Declare the hearing open at the designated time. The Chairman should read the preamble of the proposed regulation/amendment, which should include the reason the regulation/amendment is being.proposed, and refer to the Board's authority under Ch. 111, Sec. 31 to enact "reasonable regulations to protect public health." If the regulation is brief, it should be read in its entirety. If not, the Chairman should simply read the preamble, refer the audience to the copies available and proceed to set out the ground rules for the hearing. The Chairman should explain that the proposal is being put forth based on the Board members sincere belief that the proposal will benefit the public health of their fellow citizens. He should acknowledge whatever cost or inconvenience inherent in the proposal as having been recognized, discussed by the Board and determined to be a reasonable trade-off for the expected public health benefit. He should then explain that he will recognize each of his Board members in turn who wishes to express their support/opposition for the proposal and then he will open the floor for comments from the audience first in favor of the proposal and then in opposition. Board members should wait for the Chairman to recognize them, raising their hands when wishing to speak. This is very important. If the audience sees the Board members respecting the Chairman's authority to control the hearing, they will usually follow suit. If the audience is large, the Chairman should set a time limit for each speaker from the floor in order to assure each person a chance to be heard. After each Board member has had their say, speakers from the floor should be recognized one at a time with the Chairman asking, "Is there anyone her to speak in favor of the proposed regulation?" And then"Is there anyone here who wishes to speak in opposition?" Each speaker should be allowed to speak for their allotted time without being interrupted by the Chairman or Board members even if the Board vehemently disagrees with his views or his view of the "facts." He is entitled to his say and you do NOT want to debate him. If someone asks a question that is a sincere attempt to gain more information about the background of or specific interpretation of the proposal, the Chairman or a Board member designated by the.Chairman should matter-of-factly answer the question. Do not allow yourself to be sucked into a debate on any aspect of the proposal or allow enough back and forth that the audience is attempting to rewrite your regulation. The purpose of the hearing is to hear the public's views on what is currently proposed. If they raise 0 concerns about a certain issue, you can evaluate them as a Board after the public hearing and amend your proposal if the majority deems it necessary. If anyone challenges the authority of the Board to enact the regulation(i.e. You're a bunch of dictators, You're on a power trip,this is America, Where is democracy, Who do you people think you are? Etc.), your strong Board Chairman should immediately interrupt and state that the Board will not discuss or debate its authority to promulgate these regulations. Explain that the State legislature has given Boards of Health authority to enact reasonable public health regulations, case law has supported the legislation in practice, the proposed regulation has been reviewed and deemed to be legal by legal counsel and debating the Board's authority reduces the time available to discuss the actual proposal. Explain that anyone who feels aggrieved by the regulation upon enactment has a right to appeal to any court of competent jurisdiction and that the Board encourages him or her to do so. After all this is America, everyone is entitled to his or her day in court. If the hearing gets completely out of hand with people speaking out of turn, the Chairman should threaten to have the offending parties removed by the local police. Keep a cell phone on the table to summon the gendarmes. If that is not possible simply declare the Public Hearing continued until further notice or another date certain. This should be an absolute last resort. Your most desired outcome should be to hear the reasonable comments, control the malcontents and declare the public hearing closed all in one sitting. If you are successful, thank everyone for their input and tell them that their concerns will be seriously considered as the regulation is finalized. Do not vote to adopt the regulation at the public hearing. Doing so is perceived as not giving due consideration to the public comments. • Minutes: If you do not record and transcribe the public hearing minutes verbatim, keep more detailed minutes than usual. Make certain that at least, any substantive comments are clearly set out in the minutes. You want your most aggressive critic to be able to read the minutes and feel that this concerns and comments were heard and recorded accurately. You can blow him off, you just can't pretend you didn't hear him. After the hearing, the Board should discuss the public's comments to determine if anything raised at the hearing justifies amending the proposed regulations. If the minutes are prepared, reviewed and accepted prior to or concurrently with this discussion it will show that the Board was respectful of the comments from the public in finalizing the regulation. I recommend accepting the minutes prior to formal adoption of the regulation. After discussion and amendment if necessary, the regulation should be voted on a t a posted meeting and the minutes should reflect the discussion and vote. The finalized regulation as adopted must then be filed with the D.E.P. (even if not Title 5 related) and advertised again in the newspaper (a summary if lengthy) before it is enforceable. You have just completed promulgating a local regulation. If this seems like a lot of work and details and it does to me since I type with one finger, Keep in mind that you have just exercised extraordinary authority. All the advertising and recording in the minutes and filing makes certain that your regulation will stand up legally through the enforcement process. With the vote of, in most cases, only three Board members, you have legally required your constituents to do or not do things potentially at great expense to them. No legislative act, no Town Meeting vote,just your judgement. Hopefully your regulation is reasonable, necessary and beneficial to the public health and lifestyle of those you serve. Since it is relatively easy to adopt regulations, it is imperative that upon adoption, they are legally, properly and equitable enforced. If anyone is interested, I've got some advice on that subject also. the public hearing. Doing so is perceived as not giving due consideration to the public comments. Minutes: If you do not record and transcribe the public hearing minutes verbatim, keep more detailed minutes than usual. Make certain that at least, any substantive comments are clearly set out in the minutes. You want your most aggressive critic to be able to read the minutes and feel that this concerns and comments were heard and recorded accurately. You can blow him off, you just can't pretend you didn't hear him. After the hearing, the Board should discuss the public's comments to determine if anything raised at the hearing justifies amending the proposed regulations. If the minutes are prepared, reviewed and accepted prior to or concurrently with this discussion it will show that the Board was respectful of the comments from the public in finalizing the regulation. I recommend accepting the minutes prior to formal adoption of the regulation. After discussion and amendment if necessary, the regulation should be voted on a t a posted meeting and the minutes should reflect the discussion and vote. The finalized regulation as adopted must then be filed with the D.E.P. (even if not Title 5 related) and advertised again in the newspaper(a summary if lengthy) before it is enforceable. You have just completed promulgating a local regulation. If this seems like a lot of work and details and it does to me since I type with one finger, Keep in mind that you have just exercised extraordinary authority. All the advertising and recording in the minutes and filing makes certain that your regulation will stand up legally through the enforcement process. With the vote of, in most cases, only three Board members, you have legally required your constituents to do or not do things potentially at great expense to them. No legislative act, no Town Meeting vote,just your judgement. Hopefully your regulation is reasonable, necessary and beneficial to the public health and lifestyle of those you serve. Since it is relatively easy to adopt regulations, it is imperative that upon adoption, they are legally, properly and equitable enforced. If anyone is interested, I've got some advice on that subject also.