9.29.25 Board of Health

Good afternoon to everyone in the land of Zoom and welcome to the board of health virtual meeting on Monday, September 29th, 2025 scheduled for 3:30.

My name is Thomas Corey. Present with me via Zoom is Michael Coughlin and Sandy Barabby, secretary to the board today, various guests and participants in today's meeting.

Pursuant to the open meeting order, any person may make an audio or video recording of this public meeting and may transmit the meeting through any medium.

Attendees are therefore advised that such recordings or transmissions are being made whether perceived or unpersceived by those present and are deemed acknowledged and permissible.

The first item of business is the um call to order. Can we have a roll call?

Sandy Thomas Corey. Yes.

Michael Coughlin.

Yes.

Okay. We have the approval of the minutes of the meeting of Monday, August 25th 2025.

Are there any additions, deletions, or corrections to be made to the minutes of the meeting as printed?

Move to approve.

I'll second. Sandy, can we have a roll call?

Yes.

The next item is tobacco violations hearing. The second offense of an act to modernize tobacco control at the stop and save at 101 President Avenue in Fall River 02720.

Jennifer, you're presenting.

Yeah, if you would.

Okay. So, on September 4th, I did a round of compliance check. At approximately 2:38 p.m., the youth I sent in was able to make a purchase at Stop and Save on 101 President.

My youth went into the store asking for Zen pouches. Uh then the youth realized he didn't have enough cash on him so that he a black and mild cigar. They didn't have any. The clerk offered Synoma cigarettes.

Um they they sold the cigarettes at uh normally for $8.99, but the store sold it for $7 and no age was checked. Um he described the as a male with a bald spot in gray hair. All of it was posted since their second violation within 36 months.

recent descent was sent uh for violating selling tobacco product to the person under the minimum age which included a $2,000 fine 7day suspension. Uh they did stop in last Wednesday make payment on their fine. So the only thing in question is the suspension and um their first violation was back on October 3rd back.

What was the date of the first violation again?

Um October 3rd, 2024.

Wow. Year.

Um who's responding?

Let's stop and save.

Uh, Miss Falcan.

Okay. Could you please state your name and address for the record?

Yes, it's O M I S A L K H A N. And the the business address or the home address? What do you need?

Uh, the home address, please.

Uh, that would be 99 Robersonson Street, Apartment 2, Paul Liver.

Okay. What's uh what's your side of the story sir?

Um I have to say it's from uh it's a total um mistake because we have a new worker. I've been in that location for this is my 26th year. So you can imagine that these last two violation happened within a year that you know it it will not take 25 years for me to get caught if I was selling it illegally all the time. You know it's like a quarter of a

century time. So you cannot be just lucky for 25 years. My intention is always not to sell to underage or illegal substance to anyone because uh it's not morally right and legally right either. It's just a total and absolute mistake that we had a new worker and they just fearless even though we've been told then literally there's not a week or a month the reminder to them but they just somehow uh just make a mistake

and that what happened but you can see from the previous record of 25 years is the testimony of my business that we don't sell otherwise it would happen with the 25 years of loss.

quarter of a century. You know that that I've been in that business. This is my 26th year now that I'm working and because I was by myself. So it's never happened. Now we have workers and it happened twice within a within a year of span. So that is my uh you know u statement that I don't uh approve even by myself to sell it to miners. That's not my intentions. Never ever was and

never will be. So I'll be very grateful if you guys can uh give me a chance uh because my record is my testimony you know.

Okay. What kind of a training program do you have for your employees?

We tell them obviously verbally we tell we explain to them we show them the paperwork from the city that we receive or from the state where it's mentioned even though we have the sign where it says ID. All those are basically you know the training is like within the store that we explain to them that what is legal, what is illegal, whom you can sell, whom you cannot sell. So basically

hold on there. Hold on there. Jennifer is is there any kind of online training offered by the state for new employees?

Um there is an online training. I'll be more than happy to stop and there's also that Jennifer you're coming in and out and someone has some static on the line.

Yes. Yeah, I can I can hear it too. It's like coming on and off. Yes.

Okay. Jennifer, can you repeat that for us?

Yes, there is an online training. I'd be happy to send that over them. And there's also um an online they can get like a scanner for their register they can use. And there's also an app with the FDA. It's called the FDA age verifier. It's a free app they can use to ids.

Oh yes. And that's my planning. I was going to say also to add to my uh testimony that I'm going to put the NRS system which is each time when you sell underage tobacco uh then it automatically asks for every single customer. So there is uh a chance uh would be zero because when each time it's asking uh and without verification uh you know wouldn't go through obviously. So that is my other uh you

know future plan that I'm going to put.

It's a small convenience store. It's not like a big entity, you know, it's like a small mom and papa store and and NRS is a little expensive, but I'm going to put that through this way. There will be uh zero chances of of Okay, that that's that's what we want.

Zero. But I'm going to suggest to you, Jennifer, is there any charge for the state online program?

Uh no, there's not. I'm going to suggest to you that you have all your employees and and to all the tobacco salespeople, all their new employees to start going through this online training. As a matter of fact, Jennifer, if you'll send me the link, I will take a look at the online training.

Michael, any questions?

Yeah, Jen. Jen, can you confirm that this is the these two violations were the first in their history at least in the 25 years he talked to the um so with us uh yeah the first one was for flavored and for this it does also look like back on January 23rd 2024 there was also a sale with the FDA. So the FDA does their own check well and um at a sale.

Okay.

And and what did what was what did they finally what did this the youth finally purchase?

They tried several times.

I'm able to purchase um cigarettes uh which are the Soma brands.

A single cigarette.

Um uh a pack a pack of cigarettes.

And I'm sorry um the person that's on the call I just confirmed because I know I had to a store owner the other day and I think he said no no Khan was going to be on the call. So I don't know if it's Mich or um Misel.

He introduced himself.

No misel.

Misel.

Yes. Mis.

Okay.

M.

Yeah, he introduced himself.

Okay. Because when they stopped by they said that the other person was going to call in because they more clear for them.

I mean, our our our practice since I've joined the board is is is to hear the the the personnel and to wave the suspension for the second violation with the understanding that if it happens again and there's a third violation, there'll be a 30-day suspension and that's not going to be negotiable. Do you understand that?

Absolutely, sir.

Okay. So, can we have a motion to uh So move. Yes. So moved.

Second.

Sandy, can we have a roll call?

Thomas C.

Yes.

Michael Coughlin.

Yes.

Dr. Steven Gagiardi.

Yes.

Okay. Thank you. Uh sir, get your employees trained and uh um we hope we never see you back before the board.

I hope and pray that's the case.

Absolutely. I will do 110% make sure that it doesn't happen and it's never my intention. Uh it just were new workers and they did it but I will make sure that it doesn't happen again at all.

All right. Thank you very much.

All right.

Thank you kindly. I appreciate it.

Next we have the approval of a local upgrade at 66 Shannon Street for a mass 02721.

Mr. Ragend so I assume he's presenting on this one.

Yeah, you you can go sir from stop and see.

Okay, thank you kindly. Thank you sir.

Have a wonderful day.

Mr. Aguier if you would.

Great. Thank you. Um so this is a petition for combination of a septic system repair and a new well installation at 66 Shannon Street. You may remember a few months ago you had approved a plan for the proposed septic system replacement at this address that was conditional upon them tying into the municipal water.

At that point in time, you may recall that the applicant was not in agreeance with their requirement for tying into water even though their engineer is the one who has shown it on the plan. So that that proposal was withdrawn. So before you tonight is another plan, identical septic system, which the septic system I don't have any problems with. Um a few conditions of approval like we had on the last one, but this

one does have a proposal for a new well to be drilled in the rear yard of the home between the home and the Wata pond, the South Wata.

The reason they're here tonight is that that new proposed well can only provide a setback of 60 ft to the leeching field that was installed at 1091 Spencer, which is directly across the street, right directly next door. Um, the issue I have with that is approving this well location will minimize the area that that land owner would potentially have when it came time for them to repair that

system. They have a new system that was installed in 2001.

Um, and if the need were to arise for them to need to install a new system, this new well adjacent to them would limit the area that that they have to install a new system. That being said, I don't see where the existing well or existing water source is for 66 Shannon.

I don't know if the engineer can provide that information. I know I had previously asked for it, but at that time really didn't make a difference because we were connecting to municipal water. So, it's really the um the infringement upon the the neighboring property who has been notified of this hearing. I don't know if they're on the call tonight. Uh La Points own the property next door. So, they were

notified. The consultant did provide us with a certified mailing slip that they were notified of that meeting. So, if the board were to see fit to move forward and approve the plan the way that it is, I would request that they be required to record a one-bedroom deed restriction, which was on the previous approval as well.

Additionally, a hold harmless agreement, a hold harmless agreement against not only the city of Fall River, but also the land owners at 1091 Spencer Street because these this applicant is willingly drilling a well um within 100 ft, which is the required distance to their septic system. Um other than that, I have nothing else to add. I mean, you you could move the proposed well a

little bit further south, closer to the property line to get a little bit further away, but that's all I have to add at this point, but could answer any questions that the board members might have.

What happened to connecting to the municipal the I mean the applicant the property owner is online with their engineer. Um, so that was the original plan that was approved. Everybody was in agreeance with that. then the land owner apparently was under was under the mindset that the city was going to install this water man and that was not the case that they would be required to to run the water man I think it's

approximately 100 ft down the street to the intersection of Spencer Street and the applicant um decided they did not want to incur that cost so water is 100t away maybe 110 to the water

I have no questions. I'm ready to go forward.

So, we'll add all the restrictions that Mr. Aaris um proposed.

I agree with that.

All right. Motion to approve.

Second.

Sandy. Can we have a roll call?

Thomas Corey.

Yes.

Michael Coughlin.

Yes.

Dr. Steven Gagliardi.

Yes.

Okay.

Excuse me.

Mr. and Mrs. Perry, you'll be notified by the appropriate authorities to to move forward.

Thank you.

Thank you very much.

Thank you. Byebye.

Sandy, did we receive anything for citizens input?

None at this time.

Gentlemen, we have to confirm the date for the next meeting following our regular patent would that that would be Monday, October 27th.

Sounds fine.

Okay. Um, was there anything re No, nothing for citizens input. All right.

So, uh, do we have a motion to adjourn?

So move.

Second.

Sandy, can we have a roll call?

Yes.

Michael Coughlin?

Yes. Talk to Steven Gagliardi.

Yes.

Gentlemen, thank you all. Alex, thank you.