Board of Health
Regular MeetingSalem, MA · May 11, 2021
Minutes
CITY OF SALEM
BOARD OF HEALTH
MEETING MINUTES
Virtual Meeting held via Zoom
and
Recorded by SATV
May 11, 2021
MEMBERS PRESENT: Dr. Jeremy Schiller, Paul Kirby, Geraldine Yuhas, Sara Moore, Datanis Elias
OTHERS PRESENT: David Greenbaum, Health Agent, Suzanne Darmody, Public Health Nurse, Maureen Davis,
Clerk of the Board, Patricia Morsillo, City Council Liaison, Victoria Caldwell, Assistant City Solicitor, Craig Burnham,
Burnham & Associates, Attorney John Fitzpatrick, representing Burnham & Associates
ATTENDEES ADDRESSED: (Please see minutes)
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, etc.
1. Call to Order
7:02pm
2. Approval of Minutes P. Kirby motioned to approve the minutes. S. Moore 2 nd. All in favor.
(April 13, 2021) Motion passed.
3. Hearing regarding trash violations D. Greenbaum said we received a complaint through the online complaint
at 70 North Street, Craig Burnham system, See Click Fix, about some trash and debris along the walkway
and Attorney Fitzpatrick between North Street and the train station. On Wednesday, March 31 st,
Sanitarian Janet Mancini did an inspection and noted some trash and debris
along the property. She issued a trash letter to the property owner,
Burnham & Associates, Inc., requiring the trash and debris be removed.
We did a re-inspection last week. The area has been cleaned considerably
and we appreciate that, however, Mr. Burnham and his attorney requested a
hearing.
C. Burnham said he would rely on the input from Attorney Fitzpatrick.
It was decided that agenda item #3 would be moved out of order until
Attorney Fitzpatrick is present.
4. Updates on COVID-19 D. Greenbaum said, as the Board knows, case counts have dropped
considerably. Infection rates are down. We are seeing an increase in
vaccination rates and are starting to see a critical mass. There is not as
much demand as there is supply at this point. We are doing our best to
make sure we are getting as many people vaccinated as possible.
Over the last week or so, the Governor has made announcements about
changes to the COVID protocols and reopening. One of the things we will
talk about tonight is the lifting of the mask mandate that took effect April
30th.
J. Schiller said the situation report from the past week was very
encouraging. The data showed the case positivity rate is low in Salem and
is at its lowest since October. Vaccination rates are increasing.
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S. Darmody said 35% are fully vaccinated; those are people who have
received two doses of either Pfizer or Moderna, or one dose of Johnson &
Johnson. 16% are waiting for their second dose, so combined that is a total
of 51% that have had at least one dose.
J. Schiller said that is good news and our rate of vaccination mirrors with
the State’s vaccination rate. Also, hospitalizations are down, and capacity
is up. Those are all good things. The rates are dramatically different than
they were five months ago.
5. Review of Board of Health D. Greenbaum said we will discuss the outdoor mask mandate that the
Emergency Public Health Order Governor lifted and where Salem stands with that. Our mask mandate is
requiring face covering in the still in effect until the Board makes their decision tonight.
downtown B-5 District and City J. Schiller said he feels very encouraged by the numbers that he cited from
parks and playgrounds the situation report. It is inspiring how the community of Salem has come
together with the overall mask compliance to get through what was a very
difficult winter. The Board was left with some really difficult decisions
over the winter. As he reflected upon the decisions the Board has made
over the past year, we have placed the greatest value on the science and the
data and not fear or concern. We made decisions that were in the best
interest of public health locally in Salem. The Board is meeting for the first
time since the Governor changed the mask regulation, so it was not that
Salem was doing anything different than the State, we just hadn’t met yet,
so we will discuss it tonight. He wants it to be clear that Salem hasn’t
decided - tonight we will make the decision as to which direction we go.
He said from looking at the data and reading the CDC guidelines and
recommendations, it is evident that the risk is low for outdoor spread
without masks. He thinks we should follow the science. His biggest worry
about not doing that is what metrics we would use to guide us as to whether
we use masks or not. He feels our citizens are best served if we use the
State and CDC guidelines to help us make these difficult decisions. We
need to be uniform and clear about masks.
P. Kirby agreed.
S. Moore said knowing that Salem is a tourist destination, in the past she
was concerned about lifting the mask mandate. Since the CDC and State
guidelines have come out, she feels more confident in being able to safely
unmask outdoors. She wonders about the busier spaces like the Willows
though.
J. Schiller added that, even if we decide to lift the outdoor mask mandate
tonight, in no way does that mean it is a relaxation of the precautions that
we know work to prevent the spread of infection, namely indoor masking,
social distancing, getting vaccinated and getting tested when you suspect
you have been infected. We need to be clear about that.
He asked how we would enforce different zones with different
requirements.
D. Greenbaum said enforcement overall is very challenging.
G. Yuhas said after reading the article from the CDC in the New York
Times, it seems that the risk of getting COVID is really low just from being
outside. She is all for lifting the outdoor mask mandate, but we should be
strict about people wearing masks in stores and restaurants.
D. Elias supported J. Schiller’s argument about the masks. She also just
wants it to be clear about indoor masking and that people know they should
still follow the protocol and be masked and keep their six feet distance
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when inside. Even when outside, everybody has the right to keep their
mask on if they want to.
D. Greenbaum reported that he held a webinar for businesses last week and
one of the things we talked about was that between Health, Police, and Fire
we would distribute signage to all the downtown businesses indicating that
masks are required. We are trying to do everything we can to be proactive
and make sure all the businesses and the patrons are aware of the rules.
Attendee APC, Ana Campos, 17 Orleans Avenue, and a Salem small
business owner, said she recently attended the de-escalation training
offered by the City and said she wishes we would stop pretending that the
pandemic it is not happening anymore. We need to stop pretending people
aren’t still getting sick and still dying. This is not over, and we are a tourist
destination. We know that close to half of people in red states are refusing
vaccinations. We know that there are millions of people skipping their
second doses. It is irresponsible to act like the minor inconvenience of
wearing a mask is such a big deal. What you are doing by lifting the
outdoor mask mandate is you are, once again, putting service workers at
the front line of enforcement and safety because now the place where that
happens is at the door of our businesses. We are already getting verbally
assaulted and flipped off for trying to enforce something. If you lift the
mask mandate in downtown, what’s going to happen is people won’t wear
masks outside, they’ll walk into the businesses and say they forgot and they
don’t have a mask. Meanwhile, they’re still breathing on us. We don’t
know that much about the variants and mutations, and we know the vaccine
is not 100% effective. At the de-escalation training, the expert who came
in advised business owners to not ask people to put masks on right away, to
establish a rapport and get on a first-name basis first because people don’t
want to be told to put masks on right away. We were told to treat it with
humor, but I don’t find it humorous to be forced to let someone put my life
in danger. We need to remember that there are people with compromised
immune systems who can’t get vaccines and that unvaccinated people who
don’t believe in this pandemic are going to be flocking to Salem. She
doesn’t think it’s smart or safe to lift the mask mandate downtown.
Attendees Benjamin and Alexis of Vampfangs, 244 Essex Street, said J.
Schiller articulated the Board’s position very well and it was well rooted in
data. He and Alexis both agree with the Board’s position. They are very
confident in their ability, and the ability of their staff, to control their space.
This past season the mask compliance within their business was
overwhelming. Each individual’s choice to wear a mask to protect
themselves is still there.
Attendee Grayson Martinez Ocasio, 70 Boston Street, thanked the Board
for the work they are doing and have done. He asked, if the mask mandate
for outside is lifted, how will we support the business community so they
can enforce the indoor mask requirement without putting themselves at risk
for potentially combative people that don’t want to comply. It is
concerning because of the high number of out of state tourists that are not
vaccinated and refuse to follow CDC protocols. He is incredibly concerned
about the safety of business owners and residents. People can get really
ugly about it.
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J. Schiller reiterated that the State guidelines and the CDC
recommendations are that indoor masking is important in a public space, so
that is not changing.
D. Greenbaum said mask compliance downtown has been very high. He
thinks compliance is 90-95% downtown. The parks are a little more
challenging. We deployed the downtown mask ambassadors and the park
rangers to assist us with education, not so much enforcement. Enforcement
is our job.
Attendee Mary Whitney, 356 Essex Street, Unit 2, said she agrees with the
Board’s decision to follow the CDC guidelines for lifting the outdoor mask
order. She said she knows the Board sees data and feels they would not lift
the outdoor mask mandate if they thought it was a serious danger
downtown.
S. Moore said she understands that people are anxious, and she wants to
acknowledge that, but we have to make decisions based on science and
data, not personal experiences.
J. Schiller agreed and said we make our best and logical decisions based on
science and data, not fear or skepticism.
D. Greenbaum said we know a lot more about the virus now. Infection
rates are way down, and vaccination rates are going up and that’s where we
want to be.
Attendee Josh Turiel, 238 Lafayette Street and Ward 5 Councilor thanked
the Board and the Health Department for handling all the extra demands
placed on them over the last 15 months. The decision to stop enforcement
in the wide-open park areas is easy, the decision regarding downtown
seems more complex. Based on the rates of vaccination, lower disease
rates, and CDC guidelines, it seems like getting rid of the mask mandate
downtown in the outdoor areas is probably the right call. He would prefer
to see it gone. Outdoors is one of the safest places to have activities.
As for issues with enforcement, hopefully we can work with the Health
Department and, as necessary, the Police Department to make sure our
businesses have the support they need to keep going because he doesn’t
think the indoor mask issue is going to change for some time.
This is a step towards the new normal we are working towards and he is
confident the Board will make a thoughtful and educated decision.
Attendee APC, Ana Campos, spoke again. She wanted to respond to the
comment about anxiety versus science and was offended at the implication
that her stance was based on anxiety and not science. She said a scientific
fact is that 81 people died in Salem of COVID that didn’t need to die. That
was 100% preventable.
She said we heard from a male business owner, but it is very different to be
a female in a service position. She said she has had 100% compliance in
her business because she is very strict. The way people become aggressive
towards women who are trying to enforce mask mandates is a lot different
than if there is a male presenting person who is an authority figure. She
asked if we are in such a hurry to get back to normal that we are willing to
see more people die. She said science also says that continued mask
wearing is ultimately safer. The CDC guidelines are a minimum of what
we should be doing. She asked if Salem wants to do the minimum, or do
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we want to be proactive. If you are going to insist on lifting this mask
mandate, we need better de-escalation training that is for true safety. You
cannot lift the mask mandate unless you do something to keep people in
service positions safe. This is not a matter of anxiety; this is just the reality
of what it’s like to operate a business in Salem right now.
G. Yuhas said you can’t force people to wear masks. Whether you have a
mandate or not, there are going to be people who are not going to wear a
mask. Outside, people are not congregating, they are walking by each
other. She agrees it’s important that people wear masks inside, but no
matter what mandate you make, some people are going to fight you about
wearing a mask going into a business. People are ready to get rid of their
masks outside. She thinks it is important to follow the CDC.
D. Greenbaum said the police will be providing information to all the
businesses about de-escalation techniques and when they should be calling
the police. He said the intent of the de-escalation training was to prevent
escalation in the first place rather than having to deploy de-escalation
tactics.
P. Kirby said he is concerned about the Board of Health and the Health
Department having very limited enforcement powers. He feels like not
following the CDC or the State gives us an outlier status and causes a hit to
credibility. If, down the road, there is some surge of a new variant, there
would be a loss of credibility if we say to follow the science, but then take
a different position when the scientific authorities make a decision. This is
one of the reasons why he supports lifting the outdoor mask mandate. If
we do decide to lift the outdoor mandate, we need to be clear that indoors
continues.
J. Schiller added that he has no problem with the Board doing its own thing
as compared to the State and being bold and progressive if we need to. We
almost were that way this winter because our local hospital was reaching
capacity. He cares about doing the right thing for Salem, based on data.
The data that we know for outdoor transmission is very clear, and it’s
exceedingly low. Coupled with the vaccination rate and the overall
positivity rate in Salem, these are all encouraging factors.
D. Greenbaum said it’s important to point out that this Board has been on
the forefront. We were one of the first, if not the first, to institute a mask
order and to issue a number of other orders, and now we are the last, or one
of the last, to roll the mandate back.
J. Schiller added that this Board has shown an amazing ability to be
dynamic and meet outside of our regular monthly scheduled meetings. We
have met multiple times on an emergency basis throughout these last 15
months. We have shown we have the ability to meet and make decisions
and act when needed.
S. Moore reiterated J. Schiller’s earlier point about what metrics we would
use to say we no longer need to mask outdoors. It should be about
balancing and making decisions based on the science and data and
understanding that we do have some clarity now about how transmission
works.
P. Kirby said we can begin to create the new normal as the disease becomes
very well controlled, with the understanding that it is probably never going
to be eradicated.
Attendee Daryl Bennett, Mount Vernon Street, said she appreciates
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everything that everyone has done. It has been a long haul. She has a
nursing background and can see both sides. She asked what kind of
protocol is being used in the hospital that is helping.
J. Schiller said COVID patients are treated with anti-viral medications and
steroids, which have worked well, but basically it is supportive care.
She wondered if anyone had any information about treating people with IV
Vitamin C. She heard it has been very helpful and lots of it was being
shipped to Wuhan in the very beginning. She mentioned the use of
Vitamin D or Zinc as well.
J. Schiller said he doesn’t know the data on that.
D. Bennett said she can provide that information to him.
D. Elias commented with regard to de-escalation, it is very important that
businesses have many signs that are clear about the need to wear a mask at
their place of business. It is also helpful to give out masks for free for
those who may put up a front about wearing one. These solutions actually
work. She feels communication is key and holding your ground is key.
There may be a lot of feelings going on, but business owners also have
rights, and they don’t have to welcome people into their business if they are
not willing to follow their policies.
D. Greenbaum said the Fire Department will be handing out a box of masks
to every business downtown, so they will have masks.
J. Schiller said we have heard a lot of important information and this is yet
another difficult decision the Board has to make. He values the fact that
our Board doesn’t just automatically adopt State guidelines. We consider
the guidelines specific to Salem, but as an entity that takes into account the
data. He is proud of the Board for being careful in the decisions we make.
We take these issues very seriously, as we should, and they are not easy
decisions to make. He feels the only way to make the decision is to look at
the data. His vote is to comply with the State regulation and lift the
outdoor mask mandate.
D. Elias motioned to rescind the Board of Health Emergency Public
Health Order requiring face covering in the downtown B-5 District
and City parks and playgrounds, as well as abide by the CDC
guidelines and State regulations.
P. Kirby 2nd. All in favor. Motion passed.
P. Morsillo said she has heard a lot of people are concerned about the
second vaccine rate and whether people are not getting the second vaccine.
She asked if there is data to indicate a reluctance.
P. Kirby said MA is doing very well with vaccination rates.
D. Greenbaum said he hasn’t seen that and believes that about 99% of the
people we are vaccinating are coming back to get their second shot.
S. Darmody said out of the roughly 1,500 doses we have given, only one
person refused the second dose.
P. Morsillo was curious whether the fear of the side effects from the second
shot are keeping people from getting it. She thinks the concerns may be
just anxiety and not based on anything.
P. Kirby found something online from the University of Minnesota that
said only 3% of vaccinees missed their second doses as of mid-February,
and 96% of people who got their second doses did so within the
recommended timeframe.
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D. Elias was looking at an article in the Boston Globe dated 4/26/21 that
reported 99% of our residents have gotten their second dose. It also quoted
that according to federal estimates, MA has the lowest rate of vaccine
hesitancy in the U.S.
P. Morsillo has been keeping track of the percentages by age group that
have gotten their vaccine and it is really impressive. Each age group is
over 70%, the top two are in the 80th percentile, so it is a good trend.
J. Schiller said the reason why we were able to comply with the State and
make the decision we just made is because people have been vaccinating.
People are driving down the rate of this virus.
Attendee Daryl Bennett spoke again and asked if there is a way to check if
a patient has antibodies as part of a protocol.
D. Greenbaum said it is part of what is being done as surveillance for the
disease. It is not something that we are doing locally.
3. (Continued from page 1)
Hearing regarding trash violations
Attorney John Fitzpatrick joined the meeting.
at 70 North Street, Craig Burnham He asked if the Board was inclined to dismiss what he regards as the ill-
and Attorney Fitzpatrick advised trash violation letter. If not, he will make his presentation.
D. Greenbaum told the Board it would not be his recommendation to
withdraw it as a re-inspection has indicated that the violations have been
corrected. We will issue a letter to that effect and that will solve the matter,
but if Mr. Fitzpatrick wants to continue and have his arguments heard, that
is his right.
J. Fitzpatrick said his client submitted eight questions to the Board. He
never received a response. He said he will read the questions and the
Board members can respond as they see fit.
V. Caldwell said she knows the first question was why the inspection was
conducted and Mr. Greenbaum indicated at the beginning that it was
inspected because there was a complaint received on See Click Fix, the
City’s automated complaint system.
J. Fitzpatrick asked if it was an anonymous complaint or was it from an
identified individual.
D. Greenbaum said he believes it was anonymous, but he would have to
look into the complaint to be sure.
J. Fitzpatrick said that is problematic because the timing of this stinks to
high heaven because it is a commercial lot and a commercial business and
not subject to the State residential Sanitary Code which was the basis for
the letter violation that was dated March 31st. He said the timing of this,
the chronology, is highly suspect, very dubious and it stinks to high heaven.
In March there was a bit of a contentious series of public hearings
concerning the City’s plans to redevelop the harbor space and remove the
last remaining designated port authority for working mariners and working
nautical businesses from that area so it could be redeveloped in a mixed-use
fashion, including residential and retail. Burnham & Associates, the
subject of this enforcement attempt by the City, was among those few
remaining maritime businesses in the area who objected to this proposal by
the City. By letter dated March 24th it set forth its objections saying it
wanted the designated port authority retaining its use for maritime purposes
to be preserved. Then, a week later, March 31st, for the first time anyone
can remember at Burnham & Associates, they receive this bizarre citation.
That timing stinks to high heaven and it wreaks of retaliation, and that’s
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unlawful.
D. Greenbaum responded and said he is not aware of any of those hearings.
We do not get involved in any of those hearings. We respond to
complaints of this nature on a daily basis, and we cite many properties
under the same codes and regulations. He recited the part of the Sanitary
Code, under 105 CMR 410:602, that says that the owner of any parcel of
land, vacant or otherwise, shall be responsible for maintaining such parcel
of land in a clean and sanitary condition and free from garbage, rubbish,
and other refuse, etc.
V. Caldwell said that is not a new provision of the State Sanitary Code. It
has been in existence for a long time, and it has been a basis for many
citations beyond Burnham & Associates.
J. Fitzpatrick said just because the same mistake has been made over and
over and over again doesn’t make that mistake proper or lawful.
J. Schiller said in the interest of time and relevance to the Board of Health,
we shouldn’t be talking about who or why someone put in the complaint,
we should be talking about whether or not the complaint was valid.
J. Fitzpatrick said you can’t use this means to unlawfully retaliate against a
business owner in this way.
D. Greenbaum said it’s important for the Board to understand that this is
not an unlawful retaliation. We, the Board and the Department, were not
aware of this waterfront hearing. We got this complaint and we acted in
good faith.
J. Fitzpatrick asked if there is any way to determine if this complaint was
received from a member of the Salem City government or leadership.
D. Greenbaum said he will look to see who made the complaint.
J. Fitzpatrick said the purpose of the Sanitary Code is to govern residential
properties, not commercial properties. Burnham & Associates is a
commercial property. He thinks the City is absolutely wrong if it is taking
the position that it can go to a local business owner and use the State
residential Sanitary Code to take punitive action against that business
owner; that is unlawful. It is not consistent or compliant with the statute or
the applicable regulations. He has looked into it, and it looks like a pretty
compelling case that the City has made a serious error and the City’s
actions are unlawful. He wants to make it clear that Burnham & Associates
is not waiving its argument that the City has no lawful jurisdiction to do
what it’s been trying to do to against Burnham & Associates. There was no
cleaning needed, but Burnham & Associates has cleaned up the lot because
they are a good member of their civic community. At great expense, they
had their workers and two dumpsters brought to the location and used
equipment that has been lawfully stored on that site for many years without
any citation or punitive action being taken because that is a lawful use of
the property that they pay taxes on and that they have occupied for decades.
He wants to make it very clear that they did not clean up out of any sense
of obligation, they did it out of a sense of civic responsibility.
He suggested to both the Board and D. Greenbaum that in the future, if
there is some anonymous complaint, perhaps instead of sending some kind
of enforcement action on paper, maybe make a phone call or knock on the
door of the business and ask them to tidy it up. It might be a lot more
effective and take up less time for everyone.
D. Greenbaum respectfully responded by saying that is not the process that
the Health Department or the Board of Health takes. When we have a
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complaint, we investigate it and we cite it appropriately, which we did.
J. Fitzpatrick asked about the nature of the investigation. He asked what
prior notice his client was given by the City about the inspection and what
prior opportunity was given to address the City’s concern before this
inspection and punitive violation notice was sent.
D. Greenbaum said there is never a previous notification. That is not how
we handle any of our complaints. We investigate, view the violations, and
issue an order. That is the standard procedure for any of our complaints.
J. Fitzpatrick made another suggestion that if the Board is interested in
saving taxpayer money and saving time and in just being a good civic
monitor, perhaps it makes more practical and de-escalatory sense to just
reach out to a homeowner before enforcement action is taken. Then the
City ends up in court, potentially, at great expense to everybody. He
strongly suggested the City put some consideration into modifying its
procedures to make it more civically responsible.
J. Schiller asked, again, in the interest of time, what J. Fitzpatrick is
requesting from this hearing.
J. Fitzpatrick said it seems to be a sui generis (he spelled out each letter of
the phrase), unique “citation” that he has never seen before in municipal
law. He said he wants the March 31st letter to be withdrawn, but Mr.
Greenbaum doesn’t want it withdrawn because it has been complied with.
J. Schiller asked him if, even though he has complied with the citation, he
still wants the citation withdrawn.
J. Fitzpatrick said absolutely, because they don’t waive their position that
the City had no lawful authority to do this. If the City has concerns in the
future, just give us a call; that is if the City is interested in working with the
local business community.
J. Schiller asked what the harm is with not withdrawing the letter.
J. Fitzpatrick said the harm is that it is their position that there was no
lawful basis to issue it in the first place. It also puts him in an awkward
position to decide whether he wants to go to court and file a judgment
action over all of this. He has been there before with the City. He said
please don’t misunderstand that as a threat; it is not a threat at all, he is just
stating the current status. He would prefer not to go to court.
J. Schiller said the Board is in no position to make an educated decision
about this and D. Greenbaum is an expert at what he does, and we have a
City attorney here. He thinks this should be resolved amicably outside of
the Board of Health meeting, if possible. Otherwise, we can meet
specifically to address this matter, but the Board would need a lot more
information to decide.
J. Fitzpatrick said he is open to all sorts of alternatives. We can recess and
reconvene at a later time if it is not resolved.
D. Greenbaum said he doesn’t think it should be recessed. The issues the
City had concerns with have been resolved. We appreciate Burnham &
Associates taking care of that. Whether they feel they were complying
with our order or not, they have addressed the concerns. We can issue a
letter to them that states that the violations we cited have been corrected
and the matter is closed.
J. Fitzpatrick once again requested that the March 31 st letter be dismissed
or withdrawn.
V. Caldwell said it seems to be a moot point since there is no issue left to
decide. There is not an order that hasn’t been complied with.
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J. Fitzpatrick agreed that the City’s concerns have been addressed, and
quite robustly and diligently by Burnham & Associates. He doesn’t want
to waive the point that the City has no lawful authority to come at us in a
heavy-handed way with a violation notice and take punitive action against
them. It is not a trifling thing.
V. Caldwell said she also doesn’t think it is a trifling thing to accuse the
Health Department of bad faith without any evidence or proof.
J. Fitzpatrick repeated again that the timing stinks – it wreaks to high
heaven. It would be very hard to deny that the circumstantial evidence
points towards some kind of retaliatory animus.
P. Kirby said the volunteer Board of Health is in no position to comment on
the constitutionality of the residential versus commercial sanitary codes.
We need to move on to the next agenda item. If, in the future, there is a
reason to put this on the agenda of the Board of Health again, we are happy
to do so.
J. Fitzpatrick asked if that means that the March 31 st letter is now going to
be left open and unresolved.
D. Greenbaum said no, we will send a letter saying the violations have been
corrected. That is standard practice to send a letter of compliance, and we
will.
J. Fitzpatrick said we need a decision, and if the decision is to continue
with the March 31st letter, then our only recourse is to appeal it to the
Superior Court, it appears. He would rather not do that.
P. Kirby motioned to deny the appeal of the trash violation letter at
70 North Street because the violation letter has been complied with.
S. Moore 2nd. All in favor. Motion passed.
6. Review of recent announcements D. Greenbaum shared his screen of the Phase 4, Step 2 Reopening
about the timeline for final Guidelines (Copy available at BOH office).
reopening Subject to public health and vaccination data, the following changes will
take effect:
Effective 5/10/21 road races will be allowed to take place with staggered
starts and safety plans submitted to DPH.
Youth and adult amateur sports tournaments will be permitted.
Singing will be permitted indoors with strict distancing requirements.
Effective 5/29/21 gathering limits will increase to 200 people indoors and
250 people outdoors.
Street festivals, parades and agricultural festivals will be permitted with
50% of their previous capacity and after submitting safety plans to local
boards of health.
Bars, beer gardens, breweries, wineries, and distilleries will be allowed to
open subject to restaurant rules with seated service only, a 90-minute limit
and no dance floors.
Restaurant guidance will be updated to eliminate the requirement that food
be served with alcohol and the maximum table size will increase to 10.
Effective 8/1/21 all other remaining industries will be permitted to open
without restrictions and at 100% capacity.
The gathering limit will be rescinded.
D. Greenbaum asked if the Board feels comfortable with the Governor’s
reopening plan and if the timeline seems to fit Salem’s needs.
J. Schiller said it seems appropriate. If it becomes inappropriate, we can
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make changes.
D. Elias agreed and said the data will tell us if we have to make any
changes, but for now we can support that.
P. Morsillo said it would be difficult to know if a street festival is at 50%
capacity.
D. Greenbaum said it is based on their previous capacity, so it would be
half of that.
7. Budget Update D. Greenbaum said the Mayor responded to the letter that was sent from
J. Schiller on behalf of the Board. She indicated that everything was under
consideration. Budget hearings are starting later this month and he will
keep the Board updated.
8. Discussion on Health Disparities J. Schiller said he saw what he thought was disturbing data on the situation
and Race Equity report about vaccination rates among Hispanics and people of color as
compared to our white population. There is a lag. He feels it is something
we need to look at and see if we can rectify.
S. Moore said she wasn’t surprised with the data because the State’s rollout
of the vaccine program was not equitable when it came to administering
vaccines to communities of color in particular. She would like to keep an
eye on the data moving forward. A few months ago, the Race Equity Task
Force health subcommittee at that point said they had not heard of any
vaccine hesitancy among communities of color in Salem.
J. Schiller shared his screen showing a graph titled, “Salem – Share of
Population v Share of Fully Vaccinated by Race”. We need to be creative
about how we encourage people to get vaccinated and make sure there is
access to get vaccinated.
S. Moore said the neighborhood ambassador program is about to begin
where people are being hired to communicate with people in their
community about the vaccine and other COVID-related information, so
that might be a way to address it if the problem persists. She thinks now
that we have the more centrally located clinic operating at Salem State, just
having a more accessible clinic in our own community might improve
those rates, too.
9. Chairperson Communications J. Schiller said he appreciated all the comments and emails we received.
10. Monthly Reports-Updates
a. Public Health
Report not available.
Nurse’s Report
b. Health Agent’s Report Weekly situation reports were submitted to the Board.
c. Administrative Report Copy available at BOH office.
d. Council Liaison Updates P. Morsillo said this week at the City Council meeting there will be a
second vote on Accessory Dwelling Units (ADUs). She hopes we will see
some ADU small units come online soon at a very reasonable rent.
The Mayor has submitted a proclamation for the meeting on Thursday
proclaiming May as mental health awareness month. Especially after this
past year plus dealing with the pandemic, and the issues that have come up
11 | P a g e
in the mental health areas, it is important to think about how we can better
support people with mental health issues.
G. Yuhas motioned to approve the reports and updates. P. Kirby 2 nd.
All in favor. Motion passed.
11. New Business/Scheduling of Future
Agenda Items
G. Yuhas, on behalf of the Recycling Committee, said once COVID came
the dumpster recycling and licensing program kind of got let go and they
wondered when it will pick up again. She asked because they got a
complaint from a woman who said the dumpster company never picks up
any recycling.
D. Greenbaum said we will try to pick it back up as we move into a new
fiscal year.
G. Yuhas asked if they can have their swap and drops, which are similar to
yard sales, but the stuff is free. She asked if they need licenses.
D. Greenbaum said there is a permit required for yard sales. A lot of things
are allowable with the reopening plans and guidelines and as we move
forward through to August 1st things will become less and less restrictive.
He said she can reach out to him for specifics.
D. Greenbaum thanked V. Caldwell for joining us and helping out with the
hearing.
V. Caldwell said she and D. Greenbaum work well together, and it is
always a pleasure to support the Health Department.
J. Schiller thanked her as well. He said he appreciates everyone’s input and
values so much being a part of the Board.
P. Kirby said J. Schiller did a great job tonight, as always.
MEETING ADJOURNED: P. Kirby motioned to adjourn. G. Yuhas 2nd. All in favor. Motion
passed.
9:00pm
Respectfully submitted,
Maureen Davis Next regularly scheduled meeting is
Clerk of the Board Tuesday, June 8, 2021 at 7:00pm
Virtual Meeting Via Zoom
12 | P a g e
Agenda
CITY OF SALEM,
MASSACHUSETTS
BOARD OF HEALTH
98 WASHINGTON STREET, 3RD FLOOR
SALEM, MA 01970
TEL. (978) 741-1800 DAVID GREENBAUM
health@salem.com HEALTH AGENT
KIMBERLEY DRISCOLL
MAYOR
BOARD OF HEALTH MEETING NOTICE AND AGENDA
Notice is hereby given that a meeting of the Salem Board of Health will be held on Tuesday, May 11, 2021 at
7:00 p.m. via remote participation in accordance with the Open Meeting Law and Governor Baker’s Emergency
Order dated March 12, 2020.
Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law,
G.L. c. 30A, §18, and the Governor’s March 15, 2020 Order imposing strict limitation on the number of people
that may gather in one place, this meeting of the City of Salem Board of Health will be conducted via remote
participation to the greatest extent possible. No in-person attendance of members of the public will be
permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real
time, via technological means. In the event that we are unable to do so on matters not requiring a public hearing,
we will post on the City of Salem’s website an audio or video recording, transcript, or other comprehensive
record of proceedings as soon as possible after the meeting.
Individuals may participate remotely in the meeting via a remote participation platform called Zoom.
Members of the public and/or parties with a right and/or requirement to attend this meeting may access the
remote participation meeting through any one of the following ways:
Please click the link below to join the webinar:
https://us02web.zoom.us/j/85354366469?pwd=eE9xQVl4b3R3S0plZUl3a3hBN3Frdz09
Password: 161587
Or iPhone one-tap:
US: 8884754499, 85354366469# (Toll Free) or 8335480276, 85354366469# (Toll Free)
Or Telephone:
Dial (for higher quality, dial a number based on your current location):
US: 888 475 4499 (Toll Free) or 833 548 0276 (Toll Free) or 833 548 0282 (Toll Free) or 877 853 5257
(Toll Free)
Webinar ID: 853 5436 6469
International numbers available: https://us02web.zoom.us/u/kvZDsp4Ke
MEETING AGENDA
1. Call to Order
2. Approval of Minutes (April 13, 2021)
3. Hearing regarding trash violations at 70 North Street, Craig Burnham and Attorney
Fitzpatrick.
4. Updates on COVID-19
5. Review of Board of Health Emergency Public Health Order requiring face covering in
the downtown B-5 District and City parks and playgrounds to determine if this order
should remain in place, be modified, or be rescinded
6. Review of recent announcements about the timeline for final reopening to determine if
there should be any changes to the opening guidance or timeline.
7. Budget Update
8. Discussion on Health Disparities and Race Equity
9. Chairperson Communications
10. Public Health Announcements/Reports/Updates
a. Public Health Nurse Report
b. Health Agent Report
c. Administrative Report
d. Council Liaison Updates
11. New Business/Scheduling of Future Agenda Items
Items that could not be anticipated prior to the posting of the agenda
David Greenbaum, Health Agent
cc: Mayor Kimberley Driscoll, Board of Health, City Councilors
Next regularly scheduled meeting is June 8, 2021 at 7:00pm
Virtual Meeting Via Zoom
Know your rights under the open meeting law MGL chapter 30A ss. 18-25 and City
Ordinance section 2-2028 through 2-2033
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