Board of Health

CITY OF SALEM BOARD OF HEALTH MEETING MINUTES SPECIAL MEETING Virtual Meeting held via Zoom October 21, 2020 MEMBERS PRESENT: Dr. Jeremy Schiller, Paul Kirby, Geraldine Yuhas, Datanis Elias, Sara Moore OTHERS PRESENT: David Greenbaum, Health Agent, Maureen Davis, Clerk of the Board, Patti Morsillo, City Council Liaison, Mayor Kimberley Driscoll ATTENDEES ADDRESSED: Vampfangs Salem, Barbara Poremba, resident, Conrad Prosniewski, resident and Councillor-At-Large, Jeffrey Lilley, tour guide, Laura Fury, owner of Salem Black Cat Tours, Christine Madore, resident and Ward 2 Councillor TOPIC DISCUSSION/ACTION J. Schiller read aloud that, pursuant to Governor Baker’s orders, there exists COVID-19 Emergency Open Meeting Law Guidance regarding the implementation of virtual public meetings. 1. Call to Order 7:03pm 2. Discussion and vote on additional Discussion included restricting hours of operation at all public and private restrictions for October 24th, 30th parking facilities and rolling back hours of operation for all businesses in and 31st the downtown Central Business District (B5) and Business Neighborhood (B1) zoning districts. There was discussion of closing access to parking lots at either noon or 2pm. Also discussed was an Order closing all businesses at 8p.m. or authorizing the Health Agent to do so in the event the level of visitors exceeds a number where physical distancing is impossible to maintain. D. Greenbaum said in accordance with Phase 3, Step 1 COVID-19 protocols and standards currently enforced in Salem, we are in the process of writing an order for the weekend of October 30 th and 31st requiring a mandatory 8:00pm closure of all downtown businesses, including all retail shops, museums, attractions, walking tours, restaurants and other businesses in the area designated on a map that will be included in the order. The order will also include the closing of all publicly and privately owned parking facilities on Friday, October 23rd at 2:00pm, Saturday October 24th and Sunday October 25th at noon and Friday, October 30th, Saturday, October 31st and Sunday, November 1st also at noon. Based upon the crowds that have been in downtown Salem over the past three weeks, the City feels these are the steps that need to be taken to both ensure safe social distancing and to avoid a super spreader event in downtown. These are legitimate concerns and these restrictions are necessary and reasonable. He thinks it is important for the Board to consider voting to allow him to act on their behalf in this emergency situation for the next couple of weeks in case changes need to be made. J. Schiller echoed his suggestion and said it is important for the Board to trust D. Greenbaum to act on their behalf. 1|Page G. Yuhas asked about resident parking. D. Greenbaum said the October parking restrictions will be expanded to include additional areas outside the normal downtown and streets that are normally designated as resident parking only during October. The Licensing Board will meet tomorrow morning and will talk about rolling back hours that liquor can be served in restaurants and other establishments with liquor licenses to 11:00pm. Under State law, that is as early the Licensing Board is allowed to roll back the serving of alcohol. He said we are asking businesses to close after 8:00pm this weekend, but Halloween weekend will be mandatory. The City Solicitor is reviewing the order and it should be ready to be published tomorrow. Mayor Driscoll thanked all the Board members for their time and attention to help manage October. She offered comments about the context behind the order with respect to train and parking restrictions to curtail the swells of people during certain afternoon time frames. She said we are also trying to curb the street party atmosphere near the pedestrian mall with the 8:00pm business closures. We are now spending money marketing and promoting people not to come to Salem in October. We need to get that message out far and wide. All the MA highway signs are announcing that October events are cancelled. None of us enjoy telling people not to come to Salem, but we know congestion and stationary activity is what we know is higher risk and we really need to do everything we can to prevent it. We all know the last two weekends before Halloween are the busiest. We are hopeful that the combined effort between public safety, public health, City administration and businesses partners who are working so hard will keep people healthy and safe. We want to try to allow people to operate their business and allow people to shop and explore and dine in Salem within the safety precautions, but we also want to avoid a COVID spike. She understands there are certainly businesses that are upset about it because they are already struggling, but we need to put public health first. She said a lot of the business community understand and recognize how hard we have all been working to ensure this month is safe and a lot of people are cooperating fully with these closures. J. Schiller thanked the Mayor on behalf of the Board and said it is comforting to know that she is totally in line with their thinking. G. Yuhas asked if we will be closing streets on Halloween like we have in the past. Mayor Driscoll said there are less people, so there will be less closures necessary. Attendee from Vampfangs Salem commented that he is concerned about how the decision to close will be made by the Health Agent. Visitors who heeded the warning and planned ahead are being punished, as are the businesses. Also, the number of people downtown doesn’t change how many people he can allow in his shop. Also, there is the potential of unintended consequences because people may all come earlier, and it may result in more crowding if businesses are closing by 8:00pm. He wants the Board to consider that closing early may be hurting businesses unnecessarily. He wanted to acknowledge that overall, he feels the City and the businesses have done a great job with mask compliance and adhering to 2|Page the rules. J. Schiller said the Board appreciates what he said and, alongside the Mayor’s Office, are trying to take everything into serious consideration. He knows the Health Agent would not close businesses on a whim. He has been incredibly measured and practical in his decision-making throughout this entire process in a way that is really admirable. D. Greenbaum responded by saying any decision made would not be on a whim. He feels that what the City and the Board are proposing are very reasonable restrictions. The intention is not to hurt businesses or visitors, but it is to hopefully make it safer so in the long run, in November, December, January and February, we are not looking at other business closures because we did not do the right thing. He said it is important to note that while we are doing a good job with mask compliance, our case rates are rising, and we are on the verge of becoming a red community again. We are taking our time to try to get it right by taking a measured approach to our decision-making. J. Schiller said all our decisions have been purely about public health. We do understand the implications and are trying to be sensitive to that while trying to make the best public health recommendations we can. Attendee Barbara Poremba, 22 Sunset Road, commented that she is very pleased and grateful for everything that the Board and everyone has been doing. She told D. Greenbaum he is doing a great job. She commended the Mayor and the Governor for their bold leadership. She wonders how we are going to get this message out. She is concerned about next week and Salem becoming a super spreader. These are hard decisions, but you have to protect the health of the public, that’s your goal and your mission. Attendee Conrad Prosniewski, Councillor-At-Large and resident of 9 Shore Avenue, thanked the Board for all they do. He asked how the order will affect essential businesses like supermarkets, pharmacies and liquor stores. He asked where the boundaries are for mandatory closures. J. Schiller said the boundaries are within the B5 and B1 zoning districts. D. Greenbaum said a map will be included with the order, but closures for supermarkets and pharmacies are still up in the air. Attendee Jeffrey Lilley, 265 Lafayette Street, a tour guide, said his tours are outside and they wear masks and socially distance. He asked why tours need to be closed by 8:00pm when the City is at it’s emptiest time of day. D. Greenbaum said in fairness, it has to extend to everyone. Attendee Laura Fury, 126 Federal Street and owner of Salem Black Cat Tours, said on the busiest night of the year she would potentially have to refund a huge amount of money for pre-booked tours and she may not be able to recover from that. She understands the issue of having a fair playing field for all businesses, but they are not created equal. Tours are outdoors, with masks, and 10 people social distancing. They will make any arrangement the City wants them to do to keep people safer if need be and will avoid Essex Street or change their routes, etc. She feels if they are shut down the tour businesses, and the taxpayers, will not be able to recover. S. Moore said, just to put it in numbers, we are shutting down businesses two hours sooner than we would have otherwise. Normally crowds are dispersed by 10:00pm on Halloween. J. Schiller said that as D. Greenbaum already said, it would be impossible 3|Page for us to pick and choose which businesses stay open and which don’t. We empathize with you and the other businesses. It’s a disaster on many fronts for many people. S. Moore said as a Board it is our responsibility to protect the public. D. Greenbaum said none of the decisions have been made lightly. We have taken a lot of time and consideration to make sure all of the actions that are being taken are done in the best interest of public health and the community and in the long run will help all businesses. Attendee Laura Fury asked if the Board feels that outdoor activities with 10 people on the outskirts of the pedestrian walking mall is a danger to the health and continued position of Salem in this pandemic at 8:00pm when most people have already gone home. D. Greenbaum said it would depend on the weather, the size of the crowd, etc. Yes, it could be a problem. Attendee Christine Madore, Ward 2 Councillor and resident of 20 Federal Street, Unit 8, said she was hoping for some clarification on closure times. If a tour starts before 8:00pm, can they continue to operate after the 8:00pm closure. There has also been some confusion about this weekend between the 8:00pm encouraged closure and restaurants being allowed to stay open until 11:00pm. It may create some conflict. She thanked the Board for all the work they are doing and said she is very grateful. D. Greenbaum said this Friday and Saturday night is not a mandatory closure. If businesses choose to close, we thank them for that, and we appreciate that. The serving of alcohol will dictate when restaurants close because they can’t serve alcohol without food. The new time will be 11:00pm, so last call will have to be prior to 11:00pm. Halloween weekend will be a mandatory closure in all businesses at 8:00pm, including restaurants. There will not be any time for restaurants to stay open to serve alcohol from 8:00pm to 11:00pm. If a tour starts before 8:00pm and is anywhere in the zone that is considered a closure area, I believe the police will be looking to disperse them, but I will leave those decisions up to the Chief of Police. I believe all businesses will be held to the same standard. J. Schiller said we should be flexible to potentially meet next week in order to respond to anything. P. Kirby moved to approve the final Order on Halloween restrictions. Additionally, that the Board grant Health Agent David Greenbaum the authority to make modifications to that order based on conditions at the time. G. Yuhas 2nd. All in favor. Motion passed. J. Schiller thanked D. Greenbaum and his entire department for all their work during this pandemic, especially in Salem which is a unique place to be in a scary situation. It has been handled very well. D. Greenbaum thanked the Board on behalf of the entire team and the entire City for their support and willingness to be adaptable during this time. J. Schiller thanked the Mayor for her leadership. Mayor Driscoll said she appreciates the partnership and hopes we have a lot to celebrate in the months ahead. 4|Page MEETING ADJOURNED: P. Kirby motioned to adjourn. D. Elias 2 nd. All in favor. Motion passed. 7:47pm Respectfully submitted, Maureen Davis Next regularly scheduled meeting is Clerk of the Board Tuesday, November 10, 2020 at 7:00pm Virtual Meeting Via Zoom 5|Page