Salem Board of Health
Minutes of Meeting
October 14, 2008
Date & Time: Tuesday October 14, 2008, 7:00pm
Meeting Location: 3rd floor Conference Room, City Hall Annex, 120 Washington Street
Members Present: Chairperson Paulette Puleo, Martin Fair, Barbara Poremba, Christina Harrington, Carol Rainville, & Noreen Casey
Member Absent: 0
Others Present: Janet Dionne, Acting Health Agent, Tracy Giarla, Health Nurse & David Greenbaum, Sanitarian
Clerk of the Board & Recorder: Heather Lyons
Paulette Puleo calls meeting to order at 7:00pm
- Approval of Minutes for September 9, 2008 & September 30, 2008 Special Meeting.
Members reviewed minutes of 9/9/08 and suggestions for amendments are made.
Carol Rainville: Moved to accept the minutes of the meeting on 9/9/08.
Seconded by Paulette Puleo
Approved unanimously
Members reviewed minutes of special meeting 9/30/08.
Carol Rainville: Moved that we accept the meeting of minutes on 9/30/08
Second by Paulette Puleo
Approved unanimously
2. Public Health Nurse's Report
Tracy Giarla reviewed nurse's report with the Board.
3. New/Old Business
A. Review of Tobacco Control in private club assessment:
Joyce Redford Director of North Shore Tobacco Control spoke about Private Club assessment. There was a complaint about The Moose Lodge. There were violations upon inspection by Tobacco Control. Ms. Redford suggested that the Board of Health send a reminder letter to enforce the regulations of private clubs. Joyce Redford will work with Janet Dionne on writing a reminder letter.
Tobacco Control received complaints from Palmer Cove Yacht Club members stating that they have to walk through the outdoor smoking area to get to the main entrance. Palmer Cove is planning on enclosing an area for smokers soon.
Joyce Redford suggested a revision to the language in the regulation– Salem currently enforces -
• 1st offense $100
• 2nd offense $200
• 3rd offense $300
Other communities such as Beverly, Danvers, Lynn, Saugus, & Swampscott enforce a -
• 7 day suspension with the 2nd offense along with a $200 fine
• 30 day suspension with the 3rd offence along with a $300 fine
Tobacco Control would like the Board of Health to look into adding this suspension language to their regulations. Ms. Redford also suggested considering enacting a tolling period for merchants, meaning if an establishment has 24 months with a clean record the next fine they receive would be $100 again. Joyce Redford will draw up a mock regulation with the new amendments and will present it to the board at the next meeting.
B. Attorney James C. Rudser representative for the trustees of Willis Tuttle Condominium association at 185R Federal St. regarding a residential pool issue.
Attorney James Rudser, & Trustees John Zizza, Kim Armstrong and her husband Mr. Jensen are present.
A complaint was made by one of the trustees, not present at the meeting, of a dead bird found floating in the pool for 5 + hours. In response to this complaint an inspection was done on August 4, 2008 by David Greenbaum and a Board of Health letter was sent.
Trustee John Zizza, who maintains the pool area, stated that he took care of the dead bird when he returned home from work at the end of the day.
Attorney James Rudser - Stated that the trustees would like a variance on these violations listed in the Board of Health letter:
• Posting of public shower signs were not posted
• Emergency communication land line was not present
• The chemical use did not meet standards
• Suctions control did not meet standards
• A line of floats and depth markers were not present
• The walkway and decks do not meet width requirements
• Life guard signs were not posted.
Atty. Rudser goes on to state that the pool was properly installed in1974, and a building permit was pulled at that time. This existed without any problems until 1987 when converted to condos. There was a decision by the Board of Appeals that converted the use of the property from a three family house to a 3 unit condo in September 1986.
Atty. Rudser stated this pool has been operating safely for 30 years and would like the Board of Health to consider granting the variance, for this pool, to define this as a residential pool, or apply a variance under session 46.
David Greenbaum explained to the Board that the inspectors for the Board of Health only inspect public or semi-public pools yearly and the residential pools are only inspected by the Building Department upon installation.
Paulette Puleo & Janet Dionne spoke with the city solicitor and assistant city solicitor about this matter.
Janet Dionne stated, “I believe in giving some variance like the walkway but if I'm giving a permit to this pool and the board is giving a permit to this pool and something happens it's our permit.”
Barbara Poremba stated, “If we give a variance to that doesn't that remove the liability?”
Paulette Puleo - replied no to Barbara Poremba's question, and then stated to Atty. Rudser "What do you think about indemnifying the city and the board and have the trustees that are presently living there sign the indemnity."
Attorney James Rudser – “I have no problem writing that up.”
Martin Fair moved to grant the following variances- for 105CMR section 435, Minimum standard of swimming pools, for the condominiums at 183R Federal Street for:
- 435.06 water circulation – does not have to meet that regulation
- 435.08 inlets and outlets - allow current number of inlets and outlets rather than what is required by the code
- 435.12 water depth markings & floatation line to mark deep end– only markings will be required
- 435.13 walkways and decks the 3 feet in width will be adequate.
David Greenbaum - Recommended to the Board that a fireproof case for chemicals is needed and MSDS sheets should be available on site in the fireproof container.
Paulette Puleo stated that a trustee should be certified as a pool operator.
Atty. Rudser responded that one of the trustees will take the course to be a certified pool operator.
Motion was amended by Martin Fair to reflect pool chemicals will be kept in fireproof locked container in pool area possibly near filter and auto chlorinator will be added to filtration system. Also that Atty. James Rudser will send a letter of indemnity to The City of Salem and Board of Health for these variances.
Seconded by Barbara Poremba
Approved unanimously
*Atty. James Rudser requests a copy of minutes of this meeting then will type up the letter of indemnity.*
C. Review of Board of Health Trash Regulation and Consideration of Well Water Regulations.
Discussion deferred regarding trash and well water regulations. Paulette Puleo updated Board on transfer station.
D. Review of priorities - due to hiring deferral
Paulette Puleo - The city has a hiring deferral in effect. She also spoke with Lisa Camarata HR Director about the Health Agent postings.
David Greenbaum was approved to sign documents in Janet Dionne's absence by Mayor Kimberley Driscoll.
Temporary part time inspectors were hired to inspect restaurants.
Janet Dionne discussed priority list with Board members and they all support list.
*see attached for priorities
E. Rescheduling of November Meeting - Veterans Day 11/11/08
Meeting will be moved to November 18th.
F. Update on Ziggy's Donuts - Regarding certified food manager course.
Janet Dionne stated Ziggy's Donuts owner has taken certified food managers course is awaiting results.
4. Monthly Reports
Subcommittee was formed to review resumes– Christina Harrington, Paulette Puleo, Martin Fair, & Barbara Poremba all agreed to volunteer.
Martin expresses concern about resumes not going through HR before going through the Board of Health. The whole board should receive copies but subcommittee will choose recommended candidates for interviews by the board.
Barbara Poremba: Motioned to amendment of # 3 of the Hiring Process for Health Agent that currently states subcommittee; and change it to Board members
Move that we amend change to #3 from subcommittee to Board members
Seconded by Paulette Puleo
Approved unanimously
Paulette Puleo asked if there were any further discussions to come before the Board of Health this evening.
Carol Rainville motioned to adjourn the meeting.
Seconded by Noreen Casey
Approved unanimously.
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