Salem Board of Health
Minutes of Meeting
June 9, 2009
Date & Time: Tuesday, June 9, 2009
Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street, Salem
Members Present: Chairperson Paulette Puleo, Vice Chair Marc Salinas, Martin Fair, Barbara Poremba, Noreen Casey, Gayle Sullivan
Absent: Larissa Lucas
Others Present: Janet Mancini, Acting Health Agent, Tracy Giarla, Public Health Nurse, Councillor Steven Pinto
Paulette Puleo called the meeting to order at 7:00 p.m.
The minutes of May 12, 2009 were reviewed. At the end of the minutes add “Respectfully submitted by: Stacey Dupuis”
A motion was made by Marc Salinas to approve the minutes as corrected, seconded by Barbara Poremba and unanimously approved.
- Public Health Nurse’s Report
Tracy Giarla reviewed the nurse’s report.
Proposal for Preliminary Subdivision at 40 Circle Hill Rd presented by Patrick DeIulis of DeIulis Brothers Construction Co. Inc.
Patrick DeIulis showed the plans for the subdivision to Board members and explained that they want to subdivide into three lots and prepare them for sale. They will also be adding a turn around that doesn’t exist yet. They have already been to the Conservation Commission, who added a “no build” zone, so a retaining wall will be built so that it can remain undisturbed. They have also had a preliminary meeting with the Planning Board and have a site visit scheduled for June 18th. At the end of Circle Hill Road the grade goes up and is elevated, so they will grade up and add utilities as well. They may have to blast to bring in the utilities, but they haven’t determined that yet. Except for low growth, the lots have small shrub type trees. There are a little bit of wetlands. All lots conform to zoning.
A list of conditions was reviewed by the Board. Patrick DeIulis explained that since they are not currently planning on building homes (they will sell the lots) whoever builds would have to conform to certain conditions. Conditions 1, 2, 5, 8-17 & 19 will apply to DeIulis construction. Martin Fair asked about storm water drainage. The plan is to allow for overland drainage, which has been approved by the City Engineer. They are not extending any existing drains or adding new underground drains. When DeIulis Brothers Construction has completed grading of the street, they will have reduced the amount of water coming down Circle Hill Road.
A motion was made by Paulette Puleo to issue the order of Conditions, seconded by Noreen Casey and approved.
Review State Regulations Regarding Open Air Cafes and How They Relate to Salem
Paulette Puleo opened the discussion noting that the new restaurant Tavern in The Square has opened with open air seating, which requires compliance with the state regulations. Paulette spoke with Diane Bernazzani of DPH, Christina Hernandez the Head Inspector of Sanitation in Cambridge, and Tom Coffill of the City of Boston’s Health Department, to find out how the European style open-air café’s in their communities comply with state regulations. They referred her to the DPH guidelines written in 1996. The issue paper, prepared by DFD staff, recommends that LBOH’s require a variance for restaurants which intend to have open-air sections and that safe- guards for food and food prep areas be instituted. A copy was provided to Board members.
Up until now, closed air seating in Salem has been strictly enforced. Some conditions for open air seating include having food at a bar covered at all times, having a door to the kitchen area, and having screens on the windows. Paulette stated that to stay compliant with State Regulations, each restaurant will need to come before the Board of Health for a variance for open-air seating, with the understanding that the variance could be rescinded if there are non-compliance issues found. The Board of Health is trying to prevent food borne illnesses. Currently, restaurant inspections are twice a year, Paulette suggested having at least one more inspection during the months when there was a greater risk for a food borne illness.
Joey Arcari, Principal owner, was present at the meeting and he informed Board members that they are going to put air curtains on entryways into the kitchen; the food at the bar is (already) covered, and there are no windows from the kitchen to pass food through. Paulette said we are in favor of the open air seating concept. The restaurant owners need to send a letter to the BOH asking for a variance and include an explanation on how they will comply with the State regulation, and then it will come before the BOH. A special meeting will be held in about a week, date to be determined. Janet Mancini added that you need a food health manager on staff who is Servsafe certified at all times. Joey Arcari mentioned that they own 2 other restaurants in the Cambridge area which have open air concept and they comply with state
regulations.
A motion was made by Marc Salinas to establish a set of guidelines (from MA 105 CMR 590.000) from which the Board of Health can grant a variance, and have a letter sent out to restaurants, seconded by Noreen Casey and approved unanimously.
The following set of guidelines will be used to grant a variance:
1. Establishments which desire such open-air cafes must request a variance from the Salem Board of Health.
2 . While a few flies in the dining area may not be significant, they should be recorded as a violation if noted where food is unprotected during storage, preparation and display for service.
3. Areas in which food and food contact surfaces are left uncovered or unprotected during storage, preparation or display for service must be protected with screens, tight fitting doors or air curtains.
4. Pest harborage areas such as garbage barrels, dumpsters and grease receptacles must not be near open doors or windows.
5. Such establishments must have excellent sanitation practices and should institute extra precautionary pest control measures when necessary.
Discussion and appointment of Acting Health Agent- David Greenbaum, Sanitarian
Paulette Puleo announced that David Greenbaum will be taking over the role of Acting Health Agent on June 10th.
A motion was made by Marc Salinas to appoint David Greenbaum as the Acting Health Agent as of June 10, 2009 seconded by Noreen Casey and approved.
(4 in favor, 2 abstained)
Mayor’s proposed 2010 budget
The proposed 2010 budget was reviewed. Janet Mancini said they will be going before the City Council on June 16th with this budget. There was a brief discussion regarding David Greenbaum’s salary, noting that it will be less than the previous Acting Health Agent with the same responsibilities and less than one of his subordinates.
Discussion regarding Health Agent position
Marc Salinas is in favor of waiting to decide whether to hire a health agent until the budget is approved.
Marc Salinas had an opportunity to speak with Mayor Driscoll and reported that she would like a working group put together to view options because she’s concerned about future funding for the position. As far as regionalization, the Mayor doesn’t know what opportunities still exist, and suggested that the Board put together a working group to review this. He also mentioned that Larissa Lucas is concerned about the health agent position, but she couldn’t be here tonight.
Subcommittee members are Gayle Sullivan and Barbara Poremba. They will meet with the Mayor regarding the Health Agent Position and regionalization as well as gather information regarding regionalization, and then will report back to the full Board.
Update from the body art subcommittee
Marc Salinas was unable to get the subcommittee together and asked Chair Paulette Puleo chair to extend the deadline to get back to the Board at the next meeting.
Updates from Acting Health Agent
Janet Mancini supplied Board members with the City of Lynn’s ordinance regulations on fowl.
Ziggy’s Donuts is now in compliance.
There will be a budget meeting with the City Council on June 16th.
Board members thanked Janet and commended her for her role as acting health agent.
Adjournment
A motion was made by Barbara Poremba to adjourn, seconded by Marc Salinas and approved.
Meeting ended 8:00 pm
Respectfully Submitted,
Stacey Dupuis
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