6.25.2024 Board of Health

good afternoon to everyone in the land of zoom and welcome to the uh yeah to the Board of Health virtual meeting on Tuesday June 25th scheduled for 3:30 p.m my name is Thomas Corey present with me via Zoom is Michael Coughlin and Tess Curran our agent of the board various guests and participants in today's meeting a Dr galardi has not yet signed on pursuant to the open meeting law 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 unperceived by those present and are deemed acknowledged and permissible Tes can we have a roll call Thomas Corey yes Michael Coughlin Mike uh you're on mute yes than

you okay the next item is the approval of the minutes of the meeting from Tuesday J like Tuesday May 28 2024 are there any additions deletions or corrections to be made to the minutes of the meeting as printed move to approve I'll second can we have a roll call Thomas Cory yes Michael coflin yes next item is the request for approval for a tanning establishment for cordio bragga at

exotic tan and tans exotic San and tans 428 South Main Street Fall River 02721 um Josh are you presenting for this one presting this today um hang on one second can you oh yeah I reviewed all the paperwork and he has everything that he needs to open up the establishment um it was an existing t salon prior so pretty much is Just matter of getting him to uh get approved and everything correct for

him I also did the inspection yesterday and everything was uh perfect everything's all brand new in the shop okay Mr braa for for the record can you state your name and address for the record it's claudo Braga and my address is 388 Bradford Avenue in Far River and the business is 428 South Min Street in Far River okay um do you really want to do this a tanning Sal in this day and

age well it's it's mostly for my wife I'll be there with her but it's uh it's something for us basically she's going to be running most of anyways because she's a hair stylist so it's going to be a Tanning and Hair Salon oh Tanning and Hair Salon okay okay well just you know historically uh we haven't had a tanning salon come before the board in a number of years uh

at one time in Four River they had to be oh at least a dozen maybe two dozen and and and then with all the insurance situations a lot of them have closed down and as far as I knew the only places that still had tanning is is like the health clubs you know uh wow and I don't even know if Planet Fitness has them anymore so I just you're sure about

this you want to do this we'll see what happens okay okay um again I I have no objection although being a fair skinned redhe head of Irish descent I I probably will never visit your establishment okay but uh no uh I just want to make sure you're aware of of all the potentials with this yes I am well he's he's offering a diversified business services so okay all right I move to approve the

uh the application okay I I will second can we have a roll call Thomas Corey yes Michael Coughlin yes all right Mr Braga good luck thank you next we have this will open up the tobacco violations hearing second defense of an act to modernize Tobacco Control the Heartwell Quick Stop 350 Rodman Street Fall River 02721 Jennifer is with us Jennifer please if you would okay so I did a round of

compliance checks on May 27 uh May 22nd at approximately 10:57 a.m. my youth firey went into Hotwell quick stop she was able to purchase a backwood single cigar using a $20 bill of for $2 the compliance check was then tracked in post the youth described the clerk as an adult male with a beard also mentioned that no ID was asked and also no age was asked when they made the purchase this

is their second offense of the state law so I sent a cease and desist with a fine of $2,000 and a possible 7day suspension uh the P the fine is paid as of June 11th so they did pay the fine uh right now it's the suspension in question and their prior violation took place on May 5th 2022 and it was also for a sale tour minor is there anyone here

yeah Mr Mr Patel can you st can you state your name and address for the record um my name is bat Patel and 350 rad Streeter 026 7 21 okay let's hear your side of the story okay the this is happened the first time was the violation with the different people I fired them and uh this is the second time the I had a different employee and this happened and he not pay attention I'm sorry very

sorry about that and uh I deeply sorry for that and I don't want uh this not going to happen again I really pay attention on this uh things we check the ID all the time and we make sure the our community is safe and healthy and uh we have the put in a system to you know the when somebody asked the tobacco anything you know the um they asked to the

register ask IDE and without the you know the we see the ID we not going to sell them you know the we are really pay attention on them now and I don't want the suspension please I pay the my fine let we don't make much money in the tobacco but uh you know the if somebody buy the tobacco the you know the we sell something else we keep going we pay our

taxes and our expenses and keep going that's why I please I don't want the uh suspension Jennifer do you know if the last time they were before us did we do any suspending or just so for the first hearing it was only just a fine of $1 thousand dollar and that was in May of 22 yes hi hi hi I know listen a small business owner I am I know sometimes

it's tough to train employees and follow the rules every time but but but but but this is happening more and more and I think the whole purpose of our for years has been to educate um if you come before the board you you have to realize that that you've made an error and and we've got to push the uh push the message out that it won't be tolerated so I I I would be in favor of

the 7-Day suspension that's on me um yeah Jennifer what what is the time time frame for you know when for um the between offenses three offenses but within what time frame that's what I'm asking uh it's based for 36 months okay and it so it's been from 22 to 20 so about yeah okay I mean Tom Tom we we have done we had a couple of these in recent month

months and and and we have not gone ahead with the SEC with the suspension with the understanding that if this happens again and for the third you're going to be you can be guaranteed a 30 day suspension that's true so it's it's a precedent that we've set so I I I'm you know make the make the motion no suspension this time okay all right we're we're all right I will make the

motion that we wave the suspension for the second offense uh but do understand Mr Patel that if this happens again you're looking at 30 days not just seven yes sir no problem thank you I'll second Tesa we have a roll call Thomas Corey yes Michael Coughlin yes okay Mr Patel yes sir behave train your staff to behave and that will that will close the tobacco violations hearing okay next we

have a request for updated deed restriction 3687 North Main Street for River Mass 02721 I believe that's Mr agar reporting good evening for the record my name is Dan agar I'm the director of engineering and planning for the city of Fall River um chairman Corey what you have before you today is a situation where uh Mr Brandon Souza purchased a property in 2020 up on North Main Street that was

serviced by a failed septic system it was a bank transfer and at that time he proposed to connect to a new title 5 compliance septic system and when that was reviewed by the board in 21 this is before my time the plan was approved however the department of community utilities um I believe required a deed restriction that upon the next sale of the property that the applicant would be

required to tie into Municipal sewer which is a few hundred feet away I don't think Mr soua anticipated selling the house within two years um so the system is not even two years old so they approached us uh specifically the Board of Health with regards to allowing the sale to take place and that a new restriction be put in place with the new homeowner uh Tess and I had discussed it

we said at a minimum we would need a new title 5 inspection report first to make sure that the system was functioning well which the applicant did submit we do have copies of that the system has passed um easily again only being two years old now we did reach out to the Department of Community utilities specifically Paul furland for his input and comment regarding this because I do believe that's where the initial um

request for the Restriction came but we have not gotten a response from him uh attorney Brum who put the initial restriction in place did forward over to me which I forwarded to test um a release of the existing deed restriction and a proposed new deed restriction with the new owners uh to be put in place the only concern or question I have with regards to that is we will have some

um I don't know what you want to call it limbo time where there will technically be no restriction in place on the property so the applicant would be able to record the release of the previous restriction and then there is nothing really holding the applicant responsible for recording the new one because the new one doesn't come into play until the property's changed hands so the only

concern I have is with regards to the timing and how these things get taken uh in order to make sure that they do get recorded and the Restriction does cover the property in my opinion there's no need for the deed restriction um I'm assuming because there is an ordinance that requires uh properties to tie into Municipal sewer if it's available upon time that the system is failed again I believe that's what drove

this so if you would like to have a new restriction put in place I think everything is somewhat in place to do that except for that little limbo time where no um restriction will be in place but I would really like to get the input from Paul ferland's office as he was the one uh who had requested this in the first place and I know Tess has reached out to

him multiple times today to try and get that but uh this all has transpired within the last few days trying to get this all all resolved as I do know the owner has a closing schedule soon that's all I have to offer but I can answer any questions that you have so the deed restriction is there on the old owner correct and when they transfer the property there'll be no deed restriction well what happens

is the Restriction is to the property now okay so there can be no conveyance until that restriction is removed okay so one we have to file a release of the restri rtion that this is legally but the attorneys have to do in order to the conveyance to happen then they've submitted a new draft restriction exact same but with the current owners putting the Restriction back in place as it was put in place in

2021 so as long as you are trusting to the new land owners to accept this and put this on file then there would be no issues but theoretically once the property changed his hands other than issuing a cease and desist on the on the use of the home I don't think you would have any legal rights to require them to put the new restriction in order but you seem to be saying Mr agier

that you didn't see a need for it is that what I heard you saying Board of healthwise I see no need for it and this is the Board of Health so the way that the Restriction was that's what you want furland to weigh in on exactly because there is an ordinance that says you need to tie into Municipal sewer if it's somewhat available and that's up to his determination if a septic system is

failed at this time at the last time the homeowner came to you and to Paul and said you know let me put in a system it's far less expensive than me having to tie into sewer and everyone allowed that to happen through the placing of this deed restriction so although the Restriction does not mention the Department of Community utilities it only says by the health department I do think the

initial idea was you know because of Paul furland and I know we did speak about this maybe a week or two ago and he was on board with it however I did forward to him the same documents that I sent to Tess asking for him asking for his review and comment yeah he he was on board with updating the deed restriction or on board with not requiring one updating it

okay okay so how we have to how do we have to word this correctly that's the question I thought I thought long and hard about it I mean we just got this from attorney um BR yesterday now Brandon is it correct that when is the closing scheduled for uh we're supposed to close July 3 July July when July 3D a day before fourth July okay um W meet again so I

mean we we have some time to potentially have something rewarded with attorney Brum because I I did ask him to send it in draft form not to just record it that we wanted to read the language um so if there is something that needs to be added or some type of level of protection um that we can have written in um well I guess there's one way that we can do this is we can require attorney

Brum to include in the deed the Restriction to be recorded here with so it could be a simultaneous recording but that still can't take place until the previous one is released so that there there still will be some you know limbo limbo time period but it could be that the property cannot be conveyed without the new restriction being put in place and referenced in the deed I think that's probably about as

good as you're going to get and I know we have Brandon's commitment but Brandon is not buying the property Brandon is selling it so I don't know I'm assuming because I don't I don't know the the real the realtors that are involved I'm assuming that the new buyers are aware of this and that this isn't going to be an issue so you could theoretically ask for a signed affidavit from the two new

owners um acknowledging that this is a requirement prior to occupancy something like that just to give yourself some level of protection if I could jump in here please I'm uh representing Brandon in the sale of his home this is our Chris munen the broker for 3687 North Main um I just wanted to make sure that you guys were aware of this we did inform the um buyers of this their attorney is Michael frier of New

Bedford and we spoke yesterday about this and you know they're aware of the whole process that's taking place right now but he said he wouldn't let his clients purchase unless there was a release done on the property uh even though the deed would be uh re-recorded that deed restriction they're aware of that but he said in order for them to purchase that this deed restriction had to be released the new one or the old

one the old one no that we understand that it can't be purchased without the old one being released right we what we need to do is be Ure that the new one is going to be put in place so I would request that you have attorney frier submit a letter acknowledging the fact that there will be a release of the existing restriction within the understanding that his and his clients understand that a new

restriction is to be referenced in the deed and to be recorded with the deed and that they acknowledge the fact of what this restriction requires uh I I think that's the only way that the Board of Health can protect themselves again if they're that concerned about there being this restriction in place so so we're kind of stuck with that okay now do you think Um this can be released in time for that uh closing

of July 3 yeah I I don't see why not I mean it well depends how quickly attorney frier can get us back the letter and signed affidavit from his from his clients acknowledging ing the fact that this restriction is required prior to the occupancy of the home okay I think we can get that back to you very quickly all right let's try and work on that so I I would offer and again not

not to speak for the board but I think if you approved it conditional upon these items being taken care of then there would be no need to have to come back to you so one that you're okay with the release of the existing two there is to be a new restriction put in place that mimics the old and three that prior to the release of the existing that an affidavit is is received by the buyer's

attorney on their behalf acknowledging the fact that this restriction is to be put in place prior to occupancy okay I could live with that it's a provisional it's a provisional approval yeah I I I I don't know that I could form a a intelligent motion to that effect but I will move that the board proceed with those three steps to release the old deed approve the updated deed and require the the

letter from the attorney for the buyer that that they will move forward to establish the what would be the best wording Mr agar just that just that that they will sign an affidavit acknowledging the need and requirement for the new deed restriction that perfect I would second that and Sandy get the language right when you do the minutes that's all run it by me before you do it she

can she can call you right right Mr year absolutely yeah and Chris and Chris if you need attorney fryer to to call me tomorrow or email by all means have him do that so we can make sure we get this correct that'd be great Dan thank you very much I appreciate it thank you all Tess we need a roll call on that Thomas Corey yes my cough fun yes okay Mr ragar thank you thank

you okay next we have the director's report uh yes um thank you so um I don't have too much to report other than our RFP for the opioid settlement funds will close on uh on Sunday at 11:59 so um anyone who's interested in submitting an appli a um has the next few days to to submit those those are again doe via email um by Sunday at 1159 so we're looking forward to seeing what types of

applicants um come through that process um the advisory committee will be reviewing those um in the near term and then funding will be um in Fall of 2024 um so so more to come on that um but we're again excited about that opportunity um we like I had mentioned last month are moving forward with some additional positions in the department um there had been a reorg recently so um

in members of the inspectional servic or what is now under the inspectional services division so fa um Josh and alen will be moving um under the health department um so they will technically be um HHS team members um that was a reorg that happened um Council approved it earlier in the month um and so those team members will will now be absorbed into um Health and Human Services and

I'll be um supervising um those team members so um so we're looking forward to having them on board within the health department you know not too much will change in terms of their their day to-day um just a different um person to report to but um it will be helpful as we kind of move forward and try and get um a new inspector that's part of the shared services Grant um and you know we

just have more um cohesion there so so that's taking effect um as of July one um so next week they'll officially be within the department that's amazing i what does that mean that all of the traditional Public Health inspectional Services are now back in the health department is that yeah yeah so so minimum housing um sanitation yeah all will all be under one um food too yes food moved last year oh okay I didn't

even know that y food moved um they there had been an another reorg last year so food had come down um to to kind of to my uh supervision last July one um and now we'll have um minimum housing ation under so yeah you know I think It ultimately will be beneficial and we have a lot of um you know overlap and work closely together in half and um we'll continue to work closely with the

building department um as needed um so that's that's taking place um and really um that's that's it for um all that I have at this point in time okay very good was there anything under citizens input we do not receive citizens input next item would be to confirm the date for the next meeting following our usual schedule it would be July 30th that sound good that's fine that sounds

good is there any other business to come before the board of such a nature that it couldn't make the agenda no new business all right can we have a motion to a jury move so moved a second can we have a roll call Thomas Corey yes Michael Coughlin yes okay listen everyone have a delightful rest of the day and a nice Fourth of July next week stay cool use your sunscreen that's right