5.18.2026 Board of Health

Good afternoon to everyone in the land of Zoom and welcome to the board of health virtual meeting on Monday, May 18th, 2026 scheduled for 3:30. My name is Thomas Corey. President with me via Zoom is Michael Coughlin and Tess Curran, our agent of the board, Sandy Nato Soua, secretary to the board, various guests and participants in today's meeting.

Pursuant to the open meeting law, any person may make an audio or video recording of this public meeting or 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.

Tess, if we could have a roll call.

Thomas Corey.

Yes.

Michael Coughlin. Yes.

The next item is the approval of the minutes from the meeting of Monday, April 27th, 2026.

Are there any additions, deletions, or corrections to be made to the minutes of the meeting as printed? And Sandy, you did a great job on the minutes.

So, I guess there's no corrections now, huh, Tom? Uh, I don't have any. Do you have any?

Move to approve.

Move to approve. I'll I'll second. Tess, can we have a roll call?

Thomas Corey, yes.

Michael Coughlin, yes.

Okay, motion approved. Next, we have the keeping of chicken cease and desist order uh for Richard and Linda Sylvia of 2123 Highland Avenue in Fall River, 02720.

Um, FA, are you presenting?

I am.

If you would, sir.

Okay. So on or about March 26th, I discovered on uh the Sylvia's property uh chickens. I was actually called called to a nearby property on a complaint. So I got a twofer that day.

When that happens, um we'll send a letter to the to the property owners uh giving them um 30 days to apply for u a permit or variance. Um that's that's kind of a long time, but we have found by experience that it takes people a while to get everything together.

Mhm.

Um so um Miss Sylvia did call uh and say that she had some uh objections to uh having to get um a um professional exterminator.

Um we had you know a couple of conversations about that.

So on um well you have it in front of you but on May 8th I sent her a cease and assistant. The 30 days have been enough and frankly it was um a way to get give her a day in court without bringing an incomplete uh application package which I didn't see any point to. And so she appealed that as you see. And um basically she she you

know I I I think you know she can speak for herself uh why she objects to that provision if you're willing to hear it.

Okay. Mrs. Sylvia.

Hello. Hi everyone. So back in M I'll just give you a quick rundown. Back in March we did get a letter from Fiori saying that we needed to apply for a permit on March 20 on April 23rd. But I didn't deliver that to the board of health with a check for the application.

I did not submit an exterminated contract plan because I referenced a letter with my application saying how the the the regulations of forever border health states that the homeowner can do the pest management themselves and also that the um Massachusetts sanitary code 105 CMR 410550 places a responsibility on the homeowner. So I did ask for clarification of that and I requ and I did Mr. Fiori did ask me to

send in an email requesting a meeting with the board of health prior to him giving me this order and I did do that.

He left me a voicemail stating we could go in front of the board but never gave me a date and then on May 8th May 1st I did that was May 1st and then May 8th I received an order saying that we had to a cease and desist order saying about get rid of the chickens. So, we were planning on coming in front of the board. We just hadn't gotten a date to

ask you to clarify your application process re and what it states in the regulations.

Well, I'm not sure what regulation you're quoting, but it's it it's always been the the board's policy that we we only have three really restrictions.

Mhm.

One is no roosters.

Okay. two. Two is evidence of an in place rodent extermination contract and to set the number of animals whether if you ask for 10 chickens, it's 10 chickens. If you ask for 24 chickens, it's 24 chickens. And we've been running with that policy for my 18 years on the board. And you're the first one to uh to question that.

Okay. So in the packet that he left me for to apply for the permit, he also left me the regulation of the forward border health minimum standards for keeping of animals which I have in my hand. Okay. Page five, it states what I have to give you a written management plan for the following manure management, storage of feed, pest management, and a plan for disposal of deceased animals, which I did give with

my application, which I put the homeowner would be responsible because y'all, it does not say anywhere in the standards that has to be an exterminator. And it does not say that anywhere in the sanitary code that I have to have. But Mrs. Sylvia, we we have a polic we have established a policy where we require that for everyone and that is within our purview and as as the chairman said, we've been

doing for at least the 18 years he served on the board. So we're we're not inclined to to wave that for anyone. Uh and and there are numerous applicants who've come before you who have voluntarily uh gone along with that plan. So I don't know why you might expect us to change it for you. Well, I'm not expecting you to change anything. Maybe though I'm going by your guidelines, your minimum

standards, and I was told because I had wanted clarification to ask to come in front of the board. So, that's what I did do. And I also was told about the sanitary code where it says that the state of Massachusetts allows a homeowner to take care of pest management themselves. There's no law saying that I have to have a professional exterminator.

That's probably that's probably true, but but there is a Fall River Board of Health policy that requires you to do so.

Okay. So, why I'm why I asked for clarification from you was because your minimum standards does not say that.

Well, I think we've we've done our best to provide you with the clarification.

So, so can I ask you something? If I'm following your minimum standards, what it says in your minimum standards, you're telling me I'm not doing that by not having a professional exterminator.

It doesn't say that here. And the reason I'm saying asking for this, and I'm going be honest with you, I have four chickens. Four chickens. I did give them a proposal from a contract for an exterminator. It's going to cost me over $1,000 a year to have four chickens.

You're asking me to And what he's going to do is put rodent two rodent boxes on my property with traps that he's going to monitor once a month, which I can monitor every day.

So that's the only reason I'm asking for clarification because your minimum standards say differently and so do the state guidelines.

Again, it's been the policy that that's the rodent contract has been the policy of the board and we we are not inclined to waver that.

Are you inclined to share your policy with me?

I just went over the policy in writing. you must have a policy and right and saying that I need an exterminator cuz isn't that in the applica isn't that in the application package that's they required to have the exterminator it is it's it's on the application itself in writing if I if I may I don't know Mr. Coughlin, I'm sorry, but I don't mean to interrupt you, but I'm going by what I was given.

Your minimum standards need to be updated. Then that's all I'm saying is because what you wrote in here is not what you're requiring and it's not what the state requires.

Oh, okay.

Can I can I just answer your question?

Uh on the application itself and just for the edification of the board says proof of extermination, please provide the following with your application. and all the other things.

Proof of extermination, one-year extermination contract providing monthly visits. It it is it is on the application.

Now, it is I think what you're you're referring to is that the reggg says pest management plan. Is that what you mean? I mean, when you say it says you can do it yourself, I I I don't know where that is. It says pest management plan, but it doesn't say the homeowner can do it themselves. And it does not state that I need to if it says it does it says it on the

application and when you're filling out the application then you agree to everything in the application requirements on the application that's I see that on here but it also says on the application pamphlet and maybe you can fix this after this meeting it also says a management plan. So I referred to your minimum guidelines and that's what it says. It doesn't say anything about a

state having exterminator contract. So that's why I ask clarification.

Those are guidelines though, but the application is is what you're filling out to get on your M. Dr. Gaguli, please can I just finish what I'm saying? Your application says something differently. It says a pest management plan and it refers you to page five of the minimum standards and then it also says you need an exterminator. So which one should I go by? Your minimum standards or your

saying that I need an exterminator because it's conflict here. All I was asking for was clarification of your application that you gave me. And if you look at it, it says both.

Do you have a copy of the application in front of you?

But Miss S, it doesn't say here that the homeowner can do the extermination. It just says pest management plan.

And also doesn't say that, you know, professional professional exterminator anywhere in the state guidelines or in your What are the state guidelines? I don't know what you're talking about.

Well, I think regardless of what the state guidelines, this the city of Fall River can have a regulation that is stricter than the state guidelines.

the regulations right here and I I understand so but it does to to FA's point it it does state a written management plan for the following pest management historically as what the board has indicated our policy has been that written pest management plan has to be an exterminator you know a a provider and so I I hear that you you think that we need to tighten that language and I

think that the board can talk about that but but for you know I I would encourage the board to consider the policy that again has been longstanding and that really is put in place to protect not only you as as an individual with a license for chickens but also the community at large is there's a lot of concerns for folks who have um neighbors who have chickens or whatever it may be

that we don't want pests or rats or you you know, other things being attracted to your property and you know, certainly there there's going to be a range of folks who are are interested and able to take to take care of that. But to protect the community, to protect the board, we do require that it is an exterminated extermination contract, you know, and and Miss Mrs. Silia, I I I

hear you when when your your your issue regarding, you know, for four chickens, that that's a big investment and and and I understand that, but we we have application for far more than that. Uh on on occasion, uh and it's really not practical for us to say if you have three less than five chickens, you don't need a contract and and you do need it for for more than we can't do

that. We we have to have a consistent policy. So we we ask you to just understand that and you know we've done our best to clarify it. I really don't know what what else we can tell you.

So can I just ask you something then?

Can you just clarify? You're telling me this has been the policy for a long time.

Yeah.

So yes everybody in Florida that has chickens has a licensed exterminator.

Everyone that we know about unfort we came across your chickens. Every once in a while we come across someone who has chickens who doesn't yet have a permit. And in order to grant that permit, they're going to have a rodent contract, right?

I'm sure there are some other chicken scoff laws out there, Mr. Silia, but the Oh, there are the ones that we the ones that we know about have a contract.

I can tell you there's a lot, right? But I'm just And I didn't I don't want to be like argumentative about this. I was just asking and Mr.

No, but Mr. Fiori is not. I went to him.

I sent a I sent an email to Tess Curran and I was told I could come in front of the board before this order was even issued that I could just ask for clarification and then he issued an order on me. That's all. So what but Mr. We discussed the order was just to put you on the just to put on the record that that you can't continue to do this. Have you been

fined? Have you f she been?

No, no, no. And and we had a a conversation about that. That's what you say. It was it was a way to get her before the board without bringing an incomplete application that I knew was going to be denied.

That's what I mean. All I was asking for was clarification of what you've written in your minimum requirements. And I I suggest for future that they've been up to be updated because it should state clearly. I went by your guidelines.

That's all I'm saying. I got the packet.

I went through it. I can tell you there's other parts of that guideline that people aren't following and they probably got permits. Just for reference for one, hardwired K floors in all all chicken runs. Do all chicken runs have hardwired flaws in them.

Your says they have to.

If you know one that doesn't, call me.

Your mission permit. That's what I'm saying though. That's what I'm saying.

Permit. No, I don't think so.

In the regulations. That's all I ask for clarification. If they got a permit, that meant someone went out and inspected it. So, they would have to have all the things. Now, guidelines are guidelines. Those aren't regulations.

The application tells you what you need.

And I the application says you need a contract. So, I think that's clarification. I think we've we've achieved clarification.

Okay. So, I request then I'm have to get an exterminator now, right? So, can I have time to get a contract with an exterminator because I have to find one?

Uh, yeah. Why don't we um talk, you know, maybe tomorrow if you can and we'll we'll talk about what you need to do and and find some reasonable uh we have a new an aid to people. Uh that is a list of of exterminators within a 20 mile radius.

Um that may be a help to you. you could that's I don't know it's about 30 names on it um 30 company names so we can provide that to you we we'll talk about it you know tomorrow whenever we can Mr. Chairman are we in a position to to uh provisionally grant the uh the permit based on you know F confirming that she gets the contract so we can do that so

we don't have to so Mr. Sylvia doesn't have to go to the trouble of coming back.

Yes.

I would just say I would just say that the property has not been in uh really properly inspected nor the coupe. I was able to um I was on a neighboring property and I saw the chickens. I didn't I didn't enter the it's a fenced yard. I didn't enter the yard. I see. Um, so if you want to put in a a couple more provisions as long as everything's in order. I

haven't haven't got a close look at that. That would have been my my motion anyway, FA, that that everything's in order. It would all it would do is empower you to issue the permit uh so that Mrs. Sylvia doesn't have to go to the trouble of coming back to the board.

Oh, okay.

Do we have a second? So move. Yeah.

We have a roll call.

Thomas Corey, yes.

Michael Coughlin, yes.

Steven Gagliardi, yes.

Okay, thank you all.

The next the next item we have is the director's report. Tess, what do you have exciting for us today?

I can sign off, right?

Yes.

Okay, thank you.

Thank you. Um, so yes, thank you. Um the the things that I wanted to talk about today um was to reconnect on the tobacco presentation that had um been provided to the board last month. Um I think that there were there were some options in terms of um updating the regulations. I think the most pressing opportunity for us to to update would be um the violations component again to to align

that with the state. Um if the board wanted to move to do to do that um you know for an upcoming meeting, I would just have to make sure that we have that regulation, that language tightened and then um you know move to to hold a public hearing. So I'll just need about 14 days out from our our you know from the the meeting that you'd like to do

that. Um so I just wanted to you know pose that whether or not you wanted to look into any additional um you know updates or whether or not for the time being we should just at least you know fall in line with the um with the the violations piece.

Was there any thoughts or questions or concerns?

I certainly think that we should be in line with this this Okay. So So then I I would will likely move to the June to to add that to our June um meeting to have that um that set up so that we can review that regulation and then again I'll just have to um you know properly post. So, I need at least the 14 days notification.

Okay.

Um, and additionally, you know, I know um kind of just based on our previous conversation, if there is an interest in making it more explicit within our keeping of animals regulation about an exterminator contract instead of a written management plan, then I can look to update both of those regulations at that time. if there's an appetite for that.

You mean based on the conversation we just had?

Yes.

I don't think I don't think so. But but I mean it it says what we require in the application. So you you know you have guidelines and minimal requirements but then the application says what you need to do and they don't you know they can be more than the minimum guidelines and it was just guidelines. So, the application, if the application says a written one-year contract, then that's what you need.

Mhm.

And that's pretty clear.

Hasn't confused anybody else, right? If if if this becomes a pattern, then then maybe we need to consider doing that. But but based on just one, I I don't feel a need to.

Okay. And I think FA has dropped off. I I I think that there has been discussion with other applicants about that just based on some of the expense that folks do incur um and folks having an eagerness to kind of save some some of that money um and and kind of take it on themselves. You know, I think that it protects it protects us a bit to have that extermination. So, I think I, you

know, I'm certainly in favor of keeping that, but um but we can kind of keep an eye on on the number of concerns we get and then go from there.

Okay.

Is there a number of chickens that increases pest problems or, you know, does one chicken increase pest problem or does 20? We haven't we again like we've kind of said to some previous applicants, we really haven't had complaints about pests in relation to neighbors having chickens. So, that's not something that we've we've experienced because we haven't really been getting those phone calls that are

I mean, it's good for the exterminators.

Okay. Okay. So, I'll move to um I'll move to update the tobacco violations um section in line with um with the state and then um we'll keep it there for now.

You know, just on on the tobacco issue, does anyone know what cigarettes are going for around here currently? I thought it was like $10.50 a pack. I was in I was in Chicago two weeks ago and they're $15.50 50 cents a pack and you have to buy two packs at a time to get that price.

Wow.

You know, I was $31 for a couple packs of cigarettes.

It's expensive to kill yourself.

Yes, it is. Yes, it is.

It's cheap in It's probably cheap in Virginia and North Carolina.

Yeah, I don't Yeah, probably true. Yeah, I had asked Jen recently, but I I'm forgetting what she had told me when we were talking about some of this. I'll I'll report back next month. Okay. Is there any Did anything come in for citizens input?

No.

Okay. Gentlemen, for the next meeting, if we follow our regular schedule, it would be June Monday, June 29th.

Anyone going away for the for the weeks of the 4th or anything like that at this point or No.

That sounds good. All right, we'll go with that. Um, if there's no other business to come before the board, can I have a motion to adjurnn?

So moved.

Second.

Can we have a roll call?

Thomas Corey?

Yes.

Michael Coughlin?

Yes.

Steven Gagliardi?

Yes.

All right. Thank you for your time. Have a wonderful rest of the day. You might go back out on the back porch. Yeah.

Okay.

Take care. Bye-bye.