The Fall River Board of Health held a virtual meeting on Wednesday, January 28th, 2026, at 3:30 p.m. Board members Thomas Corey and Michael Coughlin were present. The meeting began with the approval of the minutes from the December 8th meeting, which passed unanimously. The board then approved the tattoo practitioner application for Michael Lima, who will work at Flaming Balls Tattoo and Supply Skin Pins, after confirming all necessary paperwork and apprenticeship requirements were met. A significant portion of the meeting was dedicated to a tobacco violations hearing for Stop and Save at 101 President Avenue. This was the store's third violation within 36 months, specifically for selling a tobacco product to a minor on January 2nd. The previous violations included having flavored tobacco products (October 3rd, 2024, $1,000 fine) and selling to a minor (September 4th, 2025, $2,000 fine, with a 7-day suspension waived by the board). For the third offense, a $5,000 fine and a 30-day suspension were proposed. Attorney Joe Fingless, representing Mr. Khan from Stop and Save, requested a modification of both the fine and the suspension, citing 25 years without prior violations, difficulties with new employees, and financial hardship due to Route 79 construction. However, the board, with both Thomas Corey and Michael Coughlin agreeing, decided to uphold the 30-day suspension, noting that a prior suspension had been waived and a clear warning given. The motion to implement the 30-day suspension passed unanimously, to begin on Friday, January 30th, and run through March 2nd. The meeting concluded with the Director's Report from Tess, who had recently returned from leave. She reported high rates of respiratory viruses and encouraged flu vaccinations, also expressing concern about declining MMR vaccination rates in the city, particularly in the 0272 zip code. No citizen input was received, and the next meeting was scheduled for the last Monday of the month, February 23rd, 2026, before the meeting was adjourned.
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Good afternoon to everyone in the land of Zoom and welcome to the B board of health virtual meeting on Wednesday, January 28th, 2026 scheduled for 3:30 p.m. My name is Thomas Corey. Present with me via Zoom is Michael Coughlin and test current agent of the board, various guests and participants in today's meeting.
0:24I don't have my Hold on.
0:43Okay. Pursuant to the open meeting or and we we're making a video recording of this meeting and uh whether perceived or unpersceived and we're going to be able to use this meeting whether perceived or unpersceived. I hope that will cover me enough. Okay. Call to order. Tess, can we have a roll call?
1:01Thomas Corey.
1:03Yes.
1:03Michael Coughlin.
1:05Yes.
1:06Okay. Uh, we need to approve the minutes of the meeting of Monday, December 8th.
1:10Are there any additions, deletions, or corrections to be made to the minutes of the meeting as printed?
1:16Move to approve the minutes.
1:18Okay. I'll second. Can we have a roll call?
1:21Thomas Corey?
1:22Yes.
1:23Michael Coughlin?
1:24Yes.
1:25Next on the agenda is the application for approval of tattoo practitioner application for Michael Lima of 100 water streets right up against the baseboard to work for flaming balls tattoo and supply skin pins located 1120 Stafford Road.
1:47Okay.
1:48Josh, you're presenting.
1:49Yes, I am.
1:51So, I've reviewed all the paperwork. She has her blood bone pathogen. Um she has her um CPR first aid, her skin course.
2:00Um she's been apprenticing for the with a city permit for the year already. So she is ready to roll. She's been doing really good and she's ready to get her practitioner license.
2:12This is up to the owner.
2:13Okay.
2:13If she wants to have the thermostat checked.
2:17There's someone who should be on mute.
2:19I'm not sure who it is because I can't see everybody. I think hearing background that's supposed to I'm not sure who that is.
2:29Josh go Josh go on mute.
2:36Okay. Um Michael, any questions?
2:39No questions. Move to approve the application.
2:41Okay, I'll second. Tess, can we have a roll call?
2:45Miss Corey?
2:46Yes.
2:46Michael Coughlin?
2:48Yes. Okay, it's a the it it is approved.
2:51Josh will will take care of the paperwork to issue you the license. Uh good luck.
2:57Next on the agenda.
2:59Next on the agenda is a tobacco violations hearing. This is the third offense of the act to modernize tobacco control at stop and save 101 President Avenue, Fall River 02720.
3:13Is Jennifer with us?
3:15Yes.
3:16Jennifer, if you if you would please.
3:18Okay. Uh, so on January 2nd, I was completing a round of compliance checks.
3:23Uh, Stop and Save was due for a recheck due to their past violation in September. At approximately 10:46 a.m., I sent a female youth buyer into the store to purchase a tobacco product. She was able to purchase a single backwood cigar for $1.50 using a $20 bill. The youth described the clerk as an older male that was slightly bald. No um ID was checked.
3:48This was their third violation within 36 months of 105 CMR 665. So, a cease and desist was issued for selling a tobacco product to a person under the minimum age, which included a $5,000 fine that's due this Friday, January 30th, and a 30-day suspension. Uh, prior history shows that the first violation took place on October 3rd, 2024.
4:14That was for having flavored tobacco products in the store. They were issued a $1,000 fine at that time. And then the second violation was for selling to a minor on September 4th, 2025. They were issued a $2,000 fine. And at that September meeting, the board uh waved the 7-day suspension. Right now, in question to the board is the tobacco suspension.
4:39Mike, do you want to deliver the thunder or shall I?
4:44Well, why don't why don't we see what what the uh uh store and apparently you're represented by an attorney uh has to say before we before we do that, Tom.
4:55Okay.
4:57Um good afternoon, gentlemen. My name is attorney Joe Fingless. I have an office at 10 North Main Street in Florida, Mass. I'm here on behalf of my client, Mr. Khan from Stop and Save Convenience.
5:07Uh we appreciate you guys uh having this meeting tonight and entertaining uh our request which you'll soon hear. Um we don't dispute the facts. I mean it is my client's third violation within 36 months. You know my client wholeheartedly supports what the board does tobacco control officer does. He has no problem with their enforcement action whatever they do. And even my client said to me just about an hour
5:33ago, he said he would be upset if someone sold to his minor children also.
5:37I mean, so we we really have no issue with the violation or anything else, but we're strictly asking that the board has the option to modify the um the type of discipline that that could be issued here today.
5:56And um we're asking that it be modified um based on the following reasons.
6:03For 25 years straight, they have never had a violation.
6:08They hired a new employee in 2024 in in October. He was going through training.
6:16That's how the violation occurred from the new employee.
6:19Unfortunately, that employee was terminated because he was trained. He had come in for a week of training. He knew the drill. He knew that you have to ask for an ID all the time. Not if you look 50 or 60. It's like when you go to Fenway Park, you go to Gillette, you got to ask an ID every single time. And he just didn't follow the protocol and the first suspension. And back then, my
6:43client never contested it. I mean, it was a violation. It's a violation. The second incident happened in September 2025.
6:52Once again, a second new employee who went through the training, knew the protocol, and once again didn't do as he was requested.
7:02And uh my client, he paid paid the fine that time. The third time was the third new employee who didn't follow protocol. again. Um it's just very difficult to find people that are going to come in and work at a convenience store setting like that.
7:23It's typically an older or retired individual um who doesn't have a lot of computer skills and when they're when they're operating and they're doing that it's very tough to train them and I think a lot of them get nervous. That's not an excuse. I think it's just a fact of life on the behalf of these people. But for 25 years, they did not have a single incident in 25 years. It's only after
7:47they started hiring these new people starting in 2024 and they got the first violation. 2025, they got their second violation and just recently they got their third.
7:59And we're [clears throat] we're just hoping that the board could decrease the violation from 5,000 to something that is more bearable. The reason being is my clients been in the red for the last six months.
8:14Um because of the construction that's going on down on Route 79, that whole plaza, I mean, everyone in there is is really hurting for business. I mean, um they've been putting out of their pocket for the last six months dress just trying to keep the the uh business afloat. You know, if anyone comes down in that area during during certain times of the days in the morning and the
8:37afternoon, there could be a 20 25 minute backup from 95 coming down that area.
8:42Everyone is trying to avoid that area because they don't want to get stuck in a traffic congestion due to the new construction for Route 79 down there.
8:51So my client is just basically looking for a modification um with no suspension of license because I mean he's really the business is hurting significantly.
9:02All right. All right. Mr. Finlass, I I think we understand the request. Uh couple of points. Um after the second violation, we did modify. Okay. We did not suspend. We had the option to suspend then and we modified it. And I I remember this discussion. We we made it very clear that we were modifying at this time and there would be no modifications if there was a third hearing. I appreciate some of the
9:28extenduating circumstances that you've shared with us. Uh hiring new employee, finding good employees is is a challenge, but it's a challenge for everybody uh who sells tobacco products in the city. And we don't see that many of these. So I don't know what is going on that's unique at at at stop and save. Uh and I I have I am not the the chairman may have a different view but I am not
9:58inclined uh to uh modify at this time.
10:04Uh as as far as the concern about the the the the amount of the fine I was surprised you even asked for that. We I I wasn't even thinking that that that would be requested and I'm not inclined to modify that either. Uh as as far as I I do note that, you know, I'm well aware of of the traffic issues down in that part of the city, but they're pretty
10:25much over now. The work is done uh and and you can get around there fine. So I would imagine that that the the traffic pattern will adjust itself accordingly in the coming weeks and months. So that's that's my thinking. I I don't know, Mr. Chairman, if you have a different view, if I could just respond to your comments before he he offers m before Mr. Cory gets in.
10:47Respectfully, Mr. Clawen, I I don't know how often you go down there, but I I I live in Somerset. I go that route every single morning, every single afternoon.
10:56It's still a nightmare. It It hasn't gotten better. The construction is not nearly over because they're still doing sidewalk work. They're doing lamp insulation, and they're still doing, believe it or not, landscaping work down there. I mean, it's still, you know, very, very difficult, eerie down there.
11:13I mean, and it's not by coincidence or some, you know, mistake that for 25 years straight, they never had a single violation. Marilyn would come in there sometimes 10 times a month and you know he would talk to Marilyn and Marilyn would say I mean I imagine I imagine the majority of tobacco permits in the city that the the ownh holders of those have never had any an an issue at all in the same 25
11:38year period but you've had but this establishment has had three. All right.
11:43So I I don't want to get into debate with you Mr. Fingers Tom. What what are your thoughts? Well, as you know, I'm a small business owner, too, and I go through those same challenges of hiring people and training, and you have to keep on them all the time for the training.
11:59Do and and you have tobacco uh um training to do. I have HIPPA and fraud, waste, and abuse, and cyber security, and cultural training and uh money laundering training and all kinds of things. And the board has always used this process as an educational tool. Uh the first time, oh, you get the fine.
12:23The second time when you come in, the board has always had the ability to to put a suspension in then. And the board has always said, "No, we're going to we're going to send you out there without the suspension, but if you come back a third time, there will be the 30-day suspension." And I uh I'm in agreement with Mr. Coughlin that uh the 30-day suspension um will stand.
12:49Is there any um possibility of modifying the monetary penalty?
12:55I penalty I think is set by the state.
12:59Yeah, but you have the suspensions are set by us per the statute I have right here. You can modify it any way you desire including the monetary fine. Again, I am disincclined to do that also because again, we've always used this as an educational opportunity. Um, for for many years, we had people in and then for maybe six or seven years, we didn't have any tobacco violations in and in the last two or three years,
13:27they're starting to become more frequent. Um, again, I am not inclined to modify either the fine or the suspension.
13:40Michael, can we have a motion? But Mr. Mr. Cy, I do love your button. Be kind.
13:47Thank you.
13:47I do love it.
13:52I I Yeah, I I I move to u uh put forward the 30-day suspension.
14:00Okay. I'll second. Uh Tess, can we have a roll call?
14:04Thomas Corey?
14:06Yes.
14:06Michael Coughlin? Yes, Jennifer. When uh when can uh this all happen?
14:15Um I I can go to the store on Friday if that works. Friday morning.
14:21Okay. So, it will start Friday morning the uh the 30th and it will run through February. Actually, it'll run through March, won't it? March 2nd.
14:37because Okay, Mr. Fingless, I I I thank you for your time and I uh I am sympathetic to your client, but uh he's got to do better.
14:50Okay. Thank you very much, gentlemen. I appreciate your time.
14:53Okay, good day.
14:54You guys have a great night.
14:56Good night. Byebye.
14:58Next is the uh the director's report.
15:01Tess, welcome back. And uh what do you have for us today? Um, happy new year, Tess.
15:07Yeah, I know. I there's been a lot a lot going on since um since I went out on leave, but I am back. I came back early January. Um, and so I'm kind of just getting up to speed on what the team has been doing over the last few months. Um, they've been doing a lot a lot of great work. Um and so um I don't have too much of a report other other than we are
15:31seeing you know certainly high rates um rates of respiratory you know viruses.
15:38So um encouraging folks to continue to get their flu shot. Um it's not too late to get the flu shot. Um you know there's certainly a lot of unfortunate messaging um from the federal level in terms of vaccinations um including the flu shot.
15:55So, we're still doing what we can here to um to encourage folks to get those vaccines um particularly the flu for anybody six months and up.
16:06Very good.
16:08No, you haven't heard about hasn't been anything about measles as their test.
16:14Have you heard anything?
16:15No, not here. Um not here in Mass that I've heard anything. Um I know there's the an outbreak. What is it in South Carolina? South Carolina. Yes.
16:25Yeah. Other parts of the country. But but I I read a piece in the Globe recently that even our vaccination rates uh for MMR is has gone down. Uh and so we're potentially at risk at some point down the road.
16:39Yeah. I think particularly for MMR it needs to be like really high like 95% to have her immunity. Um, I don't know the rates off the top of my head for for for Massachusetts, but um, as that hesitancy continues to come into play, you know, the likelihood is that we will in in my zip code in the city, which is 0272, the Highlands, it's in the 70s.
17:06Yeah.
17:07Or it's a range 70 to some something. I I don't remember what what the higher range is, but I was alarmed. Yeah, we'll have to do a deep dive. I'll talk to Hannah, our EPI about that too to see what we can we can do um and kind of continue working with the schools on messaging and EMS. I know they their program where they're getting um new students vaccinated, but it's not
17:32just those new students that we need to um make sure are on the um on the vaccine schedule.
17:40Okay. And he here here in the pharmacy world, we're seeing a lot of activity with flu and RSV and COVID, believe it or not. Yeah.
17:48Yeah.
17:49Again, my clientele is an older clientele and they're they're uh there's less hesitancy in amongst my my clientele.
17:57That makes sense.
17:59Yes.
17:59Okay. Anything else, Tess?
18:02Uh no, I don't have anything else.
18:05Okay. Was anything received for citizens input?
18:08No. No citizens input.
18:11Okay. Next would be to confirm the date for the next meeting. Following our usual patent, it would be the last Monday of the month is the 23rd. Okay.
18:22No future snowstorms, things like that.
18:25That should be fine.
18:26Be fine. With Dr. Gleardi.
18:29Okay. Very good. Ladies and gentlemen, I apologize for my uh my technical connections today. Um I really did I usually sign in about passed three and right away um I knew I had a problem. So I I apologize when I signed in and didn't see you. Yeah. Yeah.
18:46All right. So um um can we have a motion to adjurnn?
18:51So moved.
18:53I'll second. Can we have a roll call?
18:55Thomas Corey.
18:57Yes.
18:57Michael Coughlin.
18:59Yes.
19:00All right, everyone. Have a wonderful rest of the day. Stay warm and stay safe.