Fall River Resident Approved for Chicken Permit with Conditions
Board Grants Exception for Chicken Over-Limit Due to Unique Circumstances
Family with Fire-Damaged Home Approved for Chicken and Rabbit Permit
Miniature Goat and Chicken Permit Approved, Pending Property Re-Inspection
Neighbor Raises Rat Concerns Over Chicken Permit Application
Fall River to Mandate Suspensions for First-Time Tobacco Sales to Minors
The Fall River Board of Health held a virtual meeting on June 29, 2026, chaired by Thomas Corey. The board approved the minutes from the May 18, 2026 meeting and then reviewed five applications for the keeping of animals. All applications were approved unanimously via roll call vote, with standard conditions including no roosters, a rodent extermination contract, and adherence to the specified number of animals. The approved applicants were Jose Padza Melendez for 10 hens at 175 Sprag Street; Michael St. Pierre for 25 hens at 377 Quinsey Street, who exceeded his previous limit due to taking in chicks from a school program; Russell Haskell for 20 chickens and 6 rabbits at 66 Merit Street, despite a letter of objection; Manuel Aruda for 6 chickens, 1 miniature goat, and 6 rabbits at 266 Glasgow Street, contingent on a follow-up inspection to confirm cleanup; and Linder and Richard Sylvia for 4 chickens at 2123 Highland Avenue, which was a re-hearing due to a prior failure to notify abutters. A neighbor, Holly Donovan, voiced concerns about rodents regarding the Sylvia application. The main agenda item was a public hearing to amend local tobacco regulations to align with state law, specifically mandating a suspension for a first-time sale to a minor, in addition to the existing $1,000 fine. The board discussed that while the suspension would be mandatory, its length (up to 30 days) would be at the board's discretion on a case-by-case basis. Several local business owners, including A Jaz Hassan, Malik Sagir, and Ati Rahman, spoke in opposition, citing the financial burden on small businesses and the possibility of honest mistakes by employees. Another business owner, Ali Aar, spoke in support of stricter enforcement against stores illegally selling flavored vapes and menthol cigarettes. After public comment, the board voted unanimously to approve the new regulations. The meeting concluded with a director's report from Tess Curran about a successful legislative breakfast and the scheduling of the next meeting for July 27th.
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City Officials
Public / Other
Okay.
0:02Okay. Good afternoon to everyone in the land of Zoom and welcome to the board of health virtual meeting on Monday June 29th 2026 scheduled for 3:30. My name is Thomas Corey. Presently with me via Zoom is Michael Coughlin and Tess Curran agent of the board and Sandy Nato Soua Secretary of the Board. Various guests and participants in today's meeting.
0:30Pursuant to the open meeting law, any person may make an audio or video recording of this public meeting and may transmit the medium 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.
0:52Kind of discharging.
0:54The first item of business today is the um uh we need a roll call. Tess Thomas Corey present.
1:04Michael Coughlin present. And and Mr. Chairman, if I could ask all the participants, if you're not actually addressing the board, could you mute your uh your device because we are hearing a lot of background conversations as we move into the meeting?
1:20Good suggestion. Thank you, Michael.
1:22news.
1:24We have the approval of the minutes of the meeting of Monday, May 18th, 2026.
1:29Are there any additions, deletions, or corrections to be made to the minutes of the meeting as printed?
1:36No.
1:38Can we have a motion to accept?
1:43Motion to approve.
1:44Second, Michael.
1:52it several times.
1:54I'm sorry I didn't hear you. Okay, Tess, can we have a roll call?
1:58Uh, Thomas Corey, yes.
2:01Michael Coughlin, yes.
2:03Steven Gagliardi, yes.
2:07First item up on the agenda, application for the keeping of animals for uh Jose Padza Melendez of 175 Sprag Street here in Fall River. We'll give you a call.
2:19Um, Jay, is this one yours?
2:23We'll schedule something.
2:24Mr. Fernandez, if you would, please.
2:30Um, I'm not sure if he doesn't have me.
2:33Yes, we can hear you, Jay.
2:34Yes. Good afternoon, board. Yes, my name is Jay Fernandez. I'm uh representing 175 Street. Um, yes, I did inspection there not too long ago. Um the property is very new condition, very clean. I don't have an objection to it.
2:54Okay, Mr. Padza, ju just for the record, the the board has three conditions for your approval for the for the variance.
3:02Uh you can have no roosters.
3:05That's right.
3:06Okay. You must have a a rodent extermination contract in place.
3:12It is. Yes, sir. And once we once we set the number of animals, you ask for 10 hens, u we're going to restrict you to that. You can't have 12 or 15 or the week before Easter 24 chicks.
3:26That's okay, sir.
3:27Is that is that that's understood?
3:29Yes, sir.
3:30Do you have any questions for us?
3:32No, sir.
3:33Okay. Uh is there is there anyone here to speak for the applicant?
3:43Is there anyone here to speak against the applicant?
3:51Gentlemen, do we have any questions for the applicant?
3:55No.
3:56Move to approve.
3:58We have a motion to approve in a second.
4:01Tess, can we have a roll call?
4:03Thomas Cory?
4:04Yes.
4:05Michael Coughlin?
4:06Yes.
4:07Steven Gagliardi?
4:09Yes.
4:10Thank you and good luck with the with the hens.
4:15Thank you. Have a nice have a nice day everyone.
4:19Okay. The next the next is an application for the keeping of animals for Michael St. Pierre of 377 Quinsey Street, Fall River.
4:29Mr. Fernandez, is this you again? Are you presenting?
4:34No, it's it's me this time.
4:35Oh, hey. Okay. I'm sorry.
4:37That's okay. Um, so the issue with the St. Pierers was certainly not the yard.
4:43Um, everything's nice and clean and there is plenty of room for their chickens. However, their application for 2025 was for 15 and 20 for 26. 27 it had they had boosted it up to 20 and actually there were more than 20. So this is why we're here today to Mr. St. Pierre, where are you?
5:09Ah, there you are, Mr. St. Pierre. Way over there. Okay, Mr. St. Pierre. Well, let's go through this. You know, there are three conditions that the board puts on on an applicant.
5:24No roosters.
5:26We will set you must have a rodent extermination contract in place.
5:32And when we set the number of of animals, you have to keep it at that number of animals. Now, I'm told it is reported to the board that you've gone over your your last year's limit. Can you please explain that and uh we'll decide what we're going to do?
5:55Mr. St. Pierre, can you unmute yourself?
6:00Can you hear me now?
6:02Now we can hear you.
6:03And we're all jealous of you because it looks like you're at the beach.
6:07Yes, I got out early for this. My wife got out early and I'm like, we can take this meeting at at the beach.
6:12So, we got to take advantage of the time when we can get it.
6:16So, the the thing with the application was I have a few older birds that aren't laying anymore and instead of callulling them, I was just going to let them live out their life. So, I upped the number to 20 birds this year because I picked up six new birds. Um, after I put in my application for the 20 birds, my wife is the the Dery co-op coordinator and their um environmental program had four chicks
6:42that they would needed to get rid of for the summer which I had no anticipation on taking and they had no place to bring the birds. Um, so I, you know, she volunteered my coupe to take the birds.
6:53I didn't realize what the condition was.
6:55Yeah. She didn't realize, you know, what, you know, the, you know, what what has to happen to, you know, to get more birds and all of that stuff. So, you know, we we we took the birds and tell you the truth, we weren't even thinking about it. Um um you know, it's kind of like it came in after I put my application in.
7:11Thought I was doing a good thing.
7:12We thought we were doing a good thing.
7:16So, the are the birds going back or are they No, we're going to No, they have nowhere to go. They're not allowed to come back into the building.
7:22The environmental teacher has nowhere to house them. So I we have nowhere to put them.
7:28We're hoping that we could up the number if possible for the four birds that we had to take in.
7:34Have you reached out to animal uh control to see if maybe they can assist you with this?
7:39I mean I didn't think it would be a problem because I have plenty of neighbors that love the eggs. So the more eggs the better. If it's not a if it's if it's not a health concern um for overpop populating, I don't I just uh I'm hoping that I can just up the number of birds in the coupe.
7:58I did this because the students asked they didn't want them to go to the rescue or to somewhere else. I didn't again I didn't realize there was a limit on the number. I didn't understand that that was a situation. Mike's done the process. It was my fault because I took them. Um I don't know.
8:14Okay. Is there anyone here to speak for the application or for the applicant?
8:21Is there anyone on the call to speak against the applicant?
8:27Gentlemen, what do you think?
8:30Well, I I would ask the more experienced members of the board, has this ever happened before? I mean, it hasn't during my tenure.
8:36No, it's never this has never come up before.
8:38Okay. I mean, this sounds like a special circumstance where it's not someone just, you know, getting going out and and obtaining more chickens for their own benefit. I mean, you know, the alternative would be that these chickens would either be put down or I don't know what nuggets.
8:58Yeah. So, I mean, hearing no opposition from from a Butters, I I'm inclined to um be be uh uh permissive with this situation.
9:11I'm as well.
9:12All right. Can we have a motion to uh accept the new application and grant the variance?
9:18Motion to approve.
9:20Yeah.
9:20Second.
9:21Second.
9:22Task. We have a roll call.
9:24Thomas Corey, yes.
9:26Michael Coughlin, yes. Steven Gadliardi.
9:30Yes.
9:31Okay. Uh enjoy your day at the beach.
9:35Thank you.
9:35Thank you. And Mr. and Mrs. St. Pierre, let's not do this again next June. Okay.
9:42Couldn't keep them at Derpy, so they won't be raising any more chickens than hatching them anymore. So, okay.
9:48And it sounds like actually Elen had was trying to jump in. I I'm just looking for the exact number that they have so I can um fix the I have 25 on the on the application.
9:5925. Okay.
10:03Thank you.
10:03Okay.
10:04Yep. Perfect. Thank we have the application for keeping of animals for Russell Haskell of 66 Merit Street, Fall River.
10:15That's also me.
10:17Okay. Okay. And we have uh 20 chickens and six rabbits at this point. Mr.
10:21Haskell, where there you are, Mr. and Mrs. Haskell. Good afternoon.
10:24Good afternoon.
10:26Okay. I we uh we just have to review the the uh the rules here. No roosters.
10:34Okay.
10:34A rodent contract in place, which we have.
10:37And we're going to set the number at 20 and six rabbits.
10:42Yeah.
10:42Yep.
10:43Okay. Who Who's presenting?
10:46I am. Aen. Okay.
10:48So, credit to the Haskells because they have a lot going on. Um, they had a fire at their property and putting it all back together. So, there's still a a trailer on the property and they have cleaned up around it in the backyard.
11:01The only issue with the property is if someone goes there and sees overgrowth way in the back, that's not theirs.
11:07That's the neighbor in the back. Um, and it's not unsightly. It's just overgrowth. And if the chickens get out, they'll probably enjoy the greens back there. Otherwise, there was no issue with it. And um in fact, they were I thought they were very kind to one of their chickens that was being, no pun intended, henpecked. And so, a little bullying was going on and they separated it and put her in another small coup.
11:30So, good for them. Um and I wish them luck with the with the yard and the chickens and getting their home back together.
11:36Thank you very much.
11:38Okay. Is there anyone here to speak for the applicant?
11:44Is there anyone here to speak against the applicant?
11:48For the record, we did receive a letter um with an objection for 66 Merit Street.
11:58Again, we we've heard from our inspector. Um what what's your pleasure?
12:06Oh, to approve.
12:09I'm I'm fine. Dr. Did you make the motion, Dr. P? I second.
12:13Yeah. Motion to approve. Second.
12:16Tess, can we have a a roll call?
12:19Thomas Cory?
12:20Yes.
12:21Michael Coughlin?
12:22Yes.
12:23Steven Gagliardi?
12:25Yes.
12:26Okay, Mr. and Mrs. Haskell, good luck with the uh with the animals.
12:30Thank you very much.
12:31Thank you.
12:31Okay, next we have the application for the keeping of animals for Manuel Aruda of 266 Glasgow Street.
12:44we I'm sorry to interrupt. Is it okay if we leave because one of the contractors is here for our HVAC?
12:49Yes. No, no problem.
12:50Okay. If it's your HVAC unit, good luck with it this afternoon.
12:54Hopefully it's hopefully it's good so we can move back in.
12:58Okay.
12:58Have a great uh summer. Thank you.
13:00Okay. Who Who's presenting?
13:04I think that's me. So Glasco, thank you. Uh, you said it was 37.
13:10Can you hear me?
13:11Yes. Mr. and Mrs. Ruder are here.
13:14Uh, okay. My name is Alex Arut. I'll be speaking on behalf of my dad. My dad is here. There just may be a little bit of a language barrier, but I will be speaking for my dad.
13:21I just want to make sure if someone was here, we gave him the opportunity. Okay.
13:25So, um, J, if you would.
13:28Yes. Alex, I think is that you that I met with the firefighter?
13:32Yes, sir. Me and my father were here that day.
13:34Yes. Okay. Yes, I met with them. Um the property seems to be okay. Um you know they met the requirements although there was few things on the yard that we had requests to be you know put away neatly.
13:48Um yes all all of the miscellaneous car parts have either been put in storage or they have been scrapped. The uh the tires also have been put in storage. All of these things that were were request requested to be removed have been removed.
14:02Okay. That was the only concern we had between me and F. And um if that's Yeah, because in the pictures that you provided, I was a little concerned about the amount of tires and the car door and things like that.
14:13So you're you're telling us all that's been removed?
14:16Yes. All the all the car parts have been removed and uh the tires and a few car parts have been put in storage.
14:22Correct. So that that was the concern we had. So if that's been removed, then everything is up to par.
14:27Okay. Alex again aluda for the record again. Uh no roosters.
14:33No roosters.
14:34Okay. You must have a rodent contract in place.
14:37Yes, we already have that.
14:38And you have the uh the requested six chickens, one miniature goat, and six rabbits.
14:44Yes, sir.
14:45And we understand we're not going to go over those numbers.
14:48Understood.
14:49The goat's not going to get another goat because I know goats are very sociable animals and they usually like a partner.
14:54I I I play with her enough. She probably doesn't need a partner.
14:58Okay. All right. With that with that understanding, gentlemen, do you have any questions for the applicant?
15:04So, no questions, but I I would just suggest that that Jay take another run by there to confirm that all that stuff has been removed. Um, and I'll approve it with the condition that Jay uh make that inspection to confirm.
15:21All right. Sounds like a plan to me.
15:23Okay. Do we have a second?
15:24Second.
15:26Tess, can we have a roll call?
15:28Thomas Cory?
15:29Yes.
15:30Michael Coughlin?
15:31Yes. Stephen Gagliardi.
15:34Yes.
15:35Okay, Mr. Ruda, good luck.
15:37Thank you very much.
15:40Okay, next we have the application for keeping of animals for Linder and Richard Sylvia of 2123 Highland Avenue.
15:49Uh Mrs. Sylvia was with us last month and Mrs. Sylvia, we didn't realize that we didn't follow the proper procedure and I apologize for that. Uh as soon as we did, I'm I think Mr. Fiori contacted you and asked you to come back today.
16:02We didn't.
16:03Okay. We we already know the uh the the no roosters the uh the rodent contract in place. Set the number of chickens and I think your request was at four.
16:14Yep.
16:14Okay. Uh since can we have many goats too now that I know we can have them?
16:20I think you'd have to file another application, but yes. I didn't know we could have goats, but no, we'll keep it in the chicken for this year.
16:29This is the first miniature goat request I've seen in a long, long time.
16:33You might get another one.
16:36So, boss, what did we do wrong last time?
16:39We didn't notify the neighbors.
16:41We didn't notify the abutters.
16:42Oh, okay.
16:44Sorry. Sorry, I was muted.
16:47Yeah. So this is um I guess I mean absent uh any comments from the public uh just a formality as I think you know uh we do have a rodent contract in pest control contract in place. We have a yard that's big enough for a couple of goats too.
17:03I could have horses, right?
17:04You could have what do you have about an acre there?
17:06We have uh yeah just under an acre plus I own next door. So I almost have two acres.
17:11We own both their properties.
17:12So who who knows what's going to happen.
17:14We have a mini pony too. Those are those are allowed. Yeah.
17:18Are you serious?
17:20Yeah. We've had I don't know if we have anyone who has horses now, but we have We've had up up the up off of Meridian Street. We had a Oh, yeah. Yeah. Yeah.
17:29Someone who had horses.
17:31Well, I'll have to ask maybe for a pony then since I have a grandson.
17:35Okay. Okay. Well, we've we've open the the Pandora's box is open, I would say.
17:43Okay. Is there anyone is there is is there anyone here to speak for the application?
17:48Just me and my husband.
17:50Okay. Is there anyone to speak against the application?
17:53I have a question.
17:54Yes.
17:56Hi, I'm u 2200 Highland Avenue.
18:01And uh would you state your name and and address for the record?
18:05Holly Donovan, 2200 Highland Avenue.
18:11Okay.
18:12All right. Um, the rats. I I'm recently moved here and I'm concerned of chickens bringing rats. I understand the rodent policy in place, but how is there a guarantee that these critters would be controlled going after the chicken feed?
18:32Uh, Mrs. Mrs. Donovan, we have been granting applications for a number of years and we've always and we've always insisted on the rodent contract and to the best of my knowledge, we haven't had a neighbor or an auter.
18:54Okay.
18:55Uh can I can I add something here?
18:58Yes. Well, you know, we do uh from time to time check these properties. I don't recall since I've been here uh um and my particular staff has not done this for for many years, but for several I don't recall anyone reporting back to me that they're finding a rodent hole for that's how you know they're living there or uh that the exterminations are not work uh efforts are not working. I don't
19:25remember ever hearing that from an inspector. Um they they they usually work. Although you know rats rats are everywhere there are people. But I I in my experience I have not seen this uh this sort of thing fail. You not I've never been told that now we're finding rats all of a sudden on the property.
19:46Just if that if that you know uh you know eases your mind at all.
19:50No. I was just concerned. And I have known people who have chickens and say the feed unfortunately draws the rats and the city clearly has a rat problem over here. So I was just um curious of how they plan to uh handle that. That's all.
20:06Okay. Thank you. For the record, we did receive a letter of opposition um on the matter and the basic the basic uh question there was that they they attract rodents and as we've addressed that several times this afternoon. Um we did we did receive the the letter for the record.
20:30Move to approve.
20:31We have a motion to approve and a second. Task we have a roll call.
20:36Thomas Corey. Yes, Michael Coughlin.
20:39Yes, Steven Gagliardi.
20:41Yes.
20:45Thank you.
20:47Good luck, Mrs. Sylvia.
20:50I'll be back.
20:52Okay. When you come back with the pony.
20:54Yes.
20:54And the mini coat.
20:56Well, will you will you invite us up there for a party for to ride the mini pony? I know.
21:02I'll be in touch for us. Okay. To see what my uh requirements are.
21:05Okay. I'll be here.
21:07All right. Thank you.
21:09The next item on the agenda is a public hearing regarding the restricting the Yeah. public hearing regarding restricting the sale of tobacco products regulations review discussion and vote.
21:23So, first we need a motion to open the public hearing. Can we have a motion for the public hearing?
21:30So, move and a second.
21:32Tess, can we have a roll call? Thomas Corey.
21:35Yes.
21:36Michael Coughlin.
21:38Yes.
21:38Stephen Gagliardi.
21:40Yes.
21:40Yes.
21:41Jennifer, uh, you're presenting.
21:45Yes. Um, let me just pull this up. Okay.
21:48So, as a quick, uh, refresher, we did last update our local tobacco regulations back in August 2022.
21:56Uh, currently section O mandates a $1,000 fine for a first violation. Uh but under the state law 105 CMR 6665.040D, a firsttime sale to a minor actually requires a mandatory suspension. Uh so we do have a discrepancy between our local regs in the state. So it can cause some confusion when I'm trying to enforce or when I issue a violation. The state law does allow the board to set the suspension length up to 30
22:30consecutive days or longer. either uh by updating the regulation or deciding case by case to make things clear and and to ensure that we're fully compliant with the state law. Uh I just want to kindly ask the board if we can amend our local regulations to have a defined mandatory suspension period uh for a first-time sale to a minor.
22:54Okay. Um, gentlemen, that would be new.
23:03What was that?
23:04That would be new. We We haven't been doing We We've always used that first offense as an educational situation. In in recent in recent times, we we've been very flexible on the second one, too.
23:17Yes. And I I see that it that now says and a and a and a third. We the uh somewhat of our discretion has been has been um well we we can set the length, right? So so we could do something modest for the first one like one or two days.
23:36We could do a one, two, three days, whatever. Yes. Very modest.
23:39Yeah. Okay.
23:42And but it's going to be and a you know it's going to be an it's going to be automatic rather than at our discretion. The suspension is automatic as and as will be the fine which we've always we've never played around with the fines and also on the second violation and third violation it also says and a right so that that would no longer again our discretion would be removed on those.
24:08Got it.
24:10Okay. Is so right now we've been doing the $1,000 fine and no suspension on the first one usually. Right.
24:16Generally, yes.
24:19So, we could do We still have to do the $1,000 fine. You want to do like a three-day suspension?
24:27Do we need to set that now?
24:30Or can we do it case by case?
24:34My understanding is that we could do it case by case. So, it doesn't have to be established within the rank that it can be an up to. Is that right, Jennifer?
24:42Yes.
24:44All right. So, we can set it as as a $1,000 fine and up to 30-day suspension.
24:51That could be the rule.
24:53Yes, that's the language in the updated at the discretion of the board.
24:58Yes.
24:59Yeah. Yeah, that'd be good.
25:03Are we going to not We should notify all of the U permit holders that things have changed, right, Jennifer? We'll we'll Well, we will uh we we we have some other guests who I'm sure are here to speak on this matter. Um Right. But there Yeah. But so just so the board is aware. So yes, we did notify um Jennifer sent out um a memo to all permit holders that this meeting was taking place with an
25:30opportunity to come to this to government center to review the um the full reggg. Although Jennifer, your your one pager memo did include language with the update, correct?
25:43Yes.
25:43Yes, it did. Yes, it did.
25:44So, they're aware of what the change is, but we will Jennifer will continue to do, you know, education and outreach to all licences.
25:55Okay.
25:56This is this is different and and we need it shouldn't be an additional deterrent if it's understood that they're going to be suspended if it happens even the first time.
26:07Mhm.
26:09Okay. We we have several guests still on the screen. Mr. Hassan, I assume you're here on the the smoking regulations.
26:18Yes. From Okay. Could you state your name and address for the record and then Yep. A Jaz Hassan from Cam's board 376 2nd Street Fall River.
26:29Okay.
26:32Um we strongly object um we we believe that um first time it should be a clear warning because of the honest mistake by an employee. You know there are hundreds of transactions that are being conducted every day and you know because of an honest mistake can put a excessive burden on the on the business and there are hundreds of convenience stores and you know and and these are small
26:57businesses. These are not like you know uh big businesses that can afford being closed. Tobacco is one of the uh primary uh product in these stores and if they are suspended and they're closed it's it it can put a great burden on on the business.
27:17Well, you know this is a this is a a main focus is not to you know sell tobacco to minor just like in a liquor store um you can't sell alcohol to under 21.
27:31It's a one-time thing. you you sell a bottle of vodka to a an 18-year-old, you don't get a second chance. Um, you know, you know the rules.
27:42Yeah.
27:43Um, you got to train people. So, the burden is on you, right, to make sure this doesn't happen. It's not on us. These are the rules. You got to make sure that your employees are trained to follow the rules. Just like in a liquor store or in a bar, they have to train their employees to follow the rules.
28:02um the the suspension is up to the board at the time.
28:09If it's something that you know is clearly an honest mistake, that will be taken into consideration. If it's something egregious, it won't be taken, you know, you you you'll you'll get the full thing. So, it's you know, it's it's not we're not trying to be draconian. It's just that there has to be something and or else no one would train their people, right?
28:33There would be no nothing no impetus to to get people trained to do what they're supposed to do. So it the burden falls on you to make sure your staff is trained. And if they mess up that, you know, that falls under the your problem thing, not our problem. So I understand that, you know, it's small businesses.
28:54Um but there are risks in small businesses and this is one of them. So I make sure all your employees are trained.
29:04Yeah, we we ensure that we certainly ensure that but we need to take in consideration when there are hundreds of transactions being done each day and you know all year round. It's it's you know if somebody's doing it you know multiple times or it's happening you know so many times yes you know they they they should be fined heavily but if it's first time second time third time in you know three
29:27years it's a significant cost to the business $5,000 and I think the second time it's $2,000 and plus closure closure of the business of the suspension of the the permit well the the monetary fines have been in place for they've been at least three years now or so.
29:47Mhm.
29:48Just following state law, sir.
29:52This is we're not making this up.
29:56Okay.
29:56Actually, you've gotten people have gotten away with it for a long time since we've been pretty lenient apparently.
30:01Well, uh, historically, I remember 10 years ago, we would have two or three tobacco hearings every meeting.
30:12and uh and and we we were suspending quite frequently and then word got around that we'd like you to be educated and and then for several years there were no hearings. There was no violations. So the the uh the staffs you know can be trained and you know I'm a small businessman too. We have to train a lot of things in pharmacy. Dr.
30:34Gagliotti in healthcare you've got HIPPER and FWA and cyber security and you know we we all have these staff trainings which we have to do and uh you have to supervise the staff every day.
30:48So again uh we we thank you for your comments.
30:53Uh I see Mr. Patel Pares Patel would you like to address the board?
31:01Mr. Patel, you're on mute. Mr. Patel, we can't hear anything.
31:09Mr. Patel going once.
31:14Mr. Patel twice.
31:18You're on mute, Mr. Patel. Okay. All right. We have someone identified as Samsung SM 9181U. Good afternoon. Welcome. Are you here for the tobacco hearing? Yes, my name is Malik Sagir and I'm I run the store Cloverdale Farm, South Main Street, Fall River.
31:39Okay. And your and your comments, sir.
31:44Yeah, actually uh I'm agreed and uh in support of Hassan comments, whatever he said, I'm here to support that comment.
31:55Okay. We we we we appreciate you taking the time.
32:00Thank you.
32:02Okay, we have someone identified on the screen as iPhone. You are muted.
32:08Hi, that's me.
32:09Okay, could you identify yourself with name and address?
32:12Yeah, my name is Ali Aar at 696 Eastern A. It's the old vowels in the Flint.
32:20Okay. Yeah. Uh I wasn't opposed or uh my comment is sort of a tiny tangent to that, but I think it like is in support of So you'll know what I mean when I get to it. Sorry for the long- winded little answer, but basically I agree with the board. I get it. Like with every business comes, you know, regulations.
32:41Just like you said, in the pharmacy business, you guys have a lot of I actually have a personal friend that owns a pharmacy in New York City and, you know, he's got he's always complaining about regulations, but it's just it's a part of the pie. You got to deal with it. So, uh just I just wanted to add one thing and I'm sure the board and Jen working with Jen is always very
33:01pleasant. I'm sure they're aware, but uh I've been meaning to speak to somebody about it and then the other day I found this letter about this meeting in the mail. So, I figured I'd just bring it up here. and it was that I know a lot of stores are, again, uh I'm sorry if I'm sure you guys are aware, but I just wanted to see what your guys' thoughts
33:20on this were, but a lot of stores are still selling products that aren't legal to sell, such as flavored vapes or menthol cigarettes or uh even out of state cigarettes. Like uh if you ask me how I know cuz I'll have plenty of customers that come in and I've actually ironically complained to me like, "Hey, why aren't you selling Newport menthol cigarettes?" Like we go right up the
33:44street and buy them. I get it that you know people do illegal things just as you know people sell for example cocaine like you know and that's illegal and it's not right but it still happens. But I was just wondering if there was any sort of uh like something that I don't know maybe you guys could legislate or I don't know what the appropriate wording is to where if get caught doing that
34:07that there be more like stricter terms for them if that makes sense. I'm not sure. I know that was a lot, but well, I mean, what we've just approved or what we're about to approve it will be stricter terms.
34:24I mean, all of the things you've cited are are fall under the the regulations that we're about to uh vote on.
34:34And and I I know Jennifer has brought um permit holders before the board several times for flavored cigarettes.
34:42Yeah. mental, all that stuff. Yeah.
34:46Yeah. I was just curious because I haven't spoken to Jen about it. I know she's awesome. She's always a like a very pleasant to work with, but I was just wondering like Okay, I see what you're saying. So, like you guys are aware, but it's just something unfortunate that does happen.
35:02Yeah.
35:02So, I Yes. Then I I think that's that's essentially what the the team so Jennifer and Mary Beth um are doing um which is conducting those inspections and trying to find those products in the store and bringing those violators to to these meetings. You know, again, um sometimes people are are savvy and and do put put products in certain locations um and that are more difficult for for
35:33us to find. Um you know, I think we do receive complaints about people selling to minors or whatever it may be and we're able to then, you know, send the team out and and conduct an inspection.
35:47So again, welcoming anybody who knows of certain retailers or is aware of certain products in stores to alert Jennifer and um and the team and so that we can try and again get into those stores um and if we do find products that are in violation um then you know write up those stores and bring them before the board. That's really what the process process is um and continues to be. But
36:17if there's anything in particular or any locations in particular that are that you're aware of, then please you can always feel free to pass those along to the health department.
36:27Okay, cool. So I can just contact like Jen for example and just express. Okay, awesome.
36:33Okay, thank you for your comments.
36:35Yeah, of course. Thank you.
36:36We we have one more guest on my screen.
36:39It's just identified as J. The letter J.
36:45Hello Mr. J first call again the the phone or the item identified just by the letter J.
37:07We can't hear you. So you may be muted.
37:13Okay. Letter J one more time.
37:19Okay.
37:21The any gentleman, any other qu any other comments on this before we close the hearing?
37:26Um I actually had a retailer that just stopped into the office that just wants to make a comment. So I'm just put them on the call. One second.
37:34Hello then.
37:35Good afternoon. Could you state your name and address for the record?
37:38So name is Ati Rahman and the address is 164 Dery Street, 7 days food mod.
37:46Yes sir.
37:47So I have a concerns about the new rule that they're basically trying to implement is a $1,000 fine. We already you know minor like mom and pop stores running businesses in the corners in the like neighborhoods.
38:03So for $1,000 fine for convenience stores or small businesses will hurt them for a long run they are trying to do mean I've been working on a convenience store for past 15 years since the day I came to America I have been to that one spot and I have been working there I have not sold not even one mistake to a minor to anybody the state or the people that basically
38:27that they do send in I know city does check the basically they do send people into to miners to see you know if anybody's making a mistake or anybody's selling to them honest mistake can be happen you know I can make I mean I haven't made a mistake 15 years past 15 years it's a long time if I make honest mistake for me $1,000 I worked there my boss will lose a business but $1,000
38:55fine which is already enough too much to pay for a convenience store a mom and pop store and then on top of that there's a viol like tobacco sale permit that will affect these business the city forever. The state I understand you know it has a state law that city is trying to just follow up and catch up basically be on the same page as a state but the city should protect these people these
39:20small businesses they do the food inspectors they do send people in okay fair enough they they do go in some make mistake they do sell them and some like they've been sending it to me too I know Mary Beth I know the other person they never send us no appreciation it but when it comes to the fines they know that we are doing right thing trying to make everything right so we're just
39:45trying to see what the city is doing for these small businesses by just passing these law it will affect I know there are people that they're making mistake that they're doing probably they're selling you know they shouldn't five fingers not same they shouldn't teach all those people same as these you know you you said one thing sir that That that gives me pause. You said we should protect the small businesses.
40:11This is the board of health. What we're trying to do is is protect the health of our young people.
40:15Yes, that is law. That's why that's what our priority.
40:19That's why there's a lot that they raise it from 18 21 year old can make a decision and I congratulate you on on your clean record in this regard. I mean that that's terrific. If you've been doing this for 15 years, we've never seen you before. That's great. And I anticipate that will continue.
40:36Yeah.
40:38So that's what but basically I'm trying to see is if they can like $1,000 and then you know they they got to change a little bit to make it easy since this business is already lost.
40:51Fine isn't new. I I don't know if you realize the $1,000 fine is not new. That was in that's been in place all along.
40:56All along from the state and in Fall River that was from We've had a thousand dollar fine since I've been on the board.
41:04Yeah. That's from the state.
41:06That's from the state. Not from the city. The city had only or $200 fine.
41:11The city had the city. No.
41:13Now we've had $1,000 fine since I've been on the board in 2020.
41:17Since 20?
41:19Yes.
41:19Before that? Before.
41:21Okay. Makes sense. No problem. All right. I understand. Okay. They had a fine $1,000. But then they they changed it the second violation 7day suspension.
41:30If somebody if say my store, right, I work at that mean it's a familyowned store. If we lose a if and like I'm not there we have an employee who's working there. We taught him right everything is he's trying to do perfect but if he makes a mistake then him or the people who are doing already you know there's no difference between them two when we already lost so much state from the
41:53state law since they passed that there's no going to be no menthol we already lost so much money when in literally in fall river you can drive two minutes to Tibetan line and buy menthol cigarettes but in our city you can buy fireworks in Tibetan too that that's irrelevant that you've been doing this 15 years and if you've never had a problem why are you worrying about a second violation you haven't had I'm
42:16worried about if honest mistake can happen you know that will the seven days that's what I'm worried about I'm not worried about okay that the law that they're trying to change the law to 21 or they're trying to make it to 25 I'm not trying one one one thing one thing that we can tell you that might appease you a little bit is that we do have while the in while the suspensions will be mandatory
42:38we have some leeway in the length of the suspension and we'll be able to listen to each situation and consider the the length of the suspension on a case-by case basis. So, someone as well spoken as you would probably be able to get a lower suspension, I would think.
42:56What happens?
42:59If you came along and and was were honest and as well spoken as you are now, you would probably have a very low suspension.
43:08But I don't think we're going to see you ever again. Right.
43:10That's my That's my guess. I mean, if they keep I mean, I I came in I understand why you why you're against it but you haven't had a problem.
43:20We also appreciate want you to come into the office. No, sorry.
43:24Yeah. That I came in because it's going to hurt me. You know, if honest if I make honest mistake, right? I could be stressed out. I could be having, you know, something happened. I don't check.
43:33Nobody's perfect at their job.
43:35It sounds like you're almost anticipating that someone's going to make an honest mistake in your store.
43:40No, it's not. No, it's Anybody could make honest mistake. You could make it if you were behind the count.
43:44I make I make honest mistakes all the time.
43:47Yeah. So, that's that's what basically that's the concerns are.
43:50If I make an honest mistake, someone sues me for a million dollars for it.
43:54So, you're not going to get a lot of uh it depends what your job is. I mean, I make an honest mistake me for a million. No problem.
44:04So, Yeah, that's my I came in to just whatever I had, you know, express my feelings and yeah, you guys did send letter and we had to join.
44:14That okay.
44:18Quick question.
44:20Yes.
44:21Uh yeah. Is there a cap to like how many tobacco licenses are permitted in the city?
44:30Tess, is there a is there a cap?
44:31We don't have a cap. Nope, we don't have a cap at this time.
44:35Is that like a possibility or is that like a conversation that can be had?
44:41There are communities that do have caps.
44:43Um, Fall River is not one of them at this time.
44:48Haven't the numbers been going down over the years or am I wrong about that?
44:53I feel like recently it's gone up because it's like uh I know a lot of businesses recently like that thing that I mentioned earlier. They'll open up shop right next to a legitimate business start selling cigarettes on EBT out of state cigarettes and menthol cigarettes.
45:08I get it. Like it's open free market, but like if somebody's doing something blatantly illegal and like rampantly then it just sort of sucks for everybody.
45:18Exactly.
45:18Well then you have to call.
45:21We do call. Trust me, I have called, I have sent emails to the state department, to the city department. I know Mary Beth, I have her, you know, like I have her number. She knows me. If she like there's people that are selling things that we told them, but then they're still selling. before you arrived, we had a conversation with the the person who just spoke. I think it was from Valent um where where we
45:46discussed how how you could contact our health department staff and and uh you know we will I have been those places and I have been and did they follow up?
45:57I'm sure they did. I'm sure they followed up. I in past years I have and then they're still selling till today's date they are still selling till today's date they know the address I even explained how where they kept the product but nothing has been done and it hurts me well so I I just I do just want to jump in because I you know Jennifer and Mary Beth do a great job and and address all
46:25of all of the complaints what happens which happens across, you know, all of the inspectors is that if if we don't see it, you know, we we need to have that evidence and we need to have that proof. So, there can be challenges when we're hearing complaints and then we go in and inspect and we don't see those complaints. That doesn't mean that they're not happening, but that means that either people are are removing
46:51things before we arrive or they don't sell to a minor um who is, you know, a part of the grant or whatever it may be.
47:02So, a lot of places that we get complaints, we do random unannounced inspections and we will continue to do that. But the challenge is similar to what food experiences is that you know some people just continue to violate the laws. We continue to try and to to catch those people and then to bring them to the board and have regulations in place that will that will punish them in terms
47:31of financials or a closure and that they hope to learn their lesson and will no longer do that. So, the team continues to go out and address those complaints.
47:41Um, but again, we we have to have the proof. They need to sell to a minor that works with us or we need to find the product in the store ourselves. So, it it's it's it's one of those things where we're continuing to go out, but we need to see it firsthand, right? We we can't we can't operate on hearsay, right?
48:01Obviously. Yeah. Nobody can Yeah. Nobody can do that. But there are there are the stores in the city that they are selling. It's not just I'm in a same business line too, but there are people and those those people are hurting me cuz we trying to making and again I think that the best practice would be for you to continue to report that to us even if one time we haven't
48:24found it, maybe the next time we go in we'll find it. So if you're aware, keep letting us know and the team will do our due diligence.
48:33As much detailed information as you have 20 to 30 emails to the state to the city.
48:41There are a lot of people that put as much effort in into circumventing the rules as you put into staying in the rules.
48:47The city should protect us too. You know, the people are trying to, you know, like me, they should protect them to send Okay. Send an appreciation letter. Okay. If we did send somebody into your store, there was nothing inside or they didn't make mistake or they didn't sell it on purpose to the miners. I have seen kids in the store I'm in. They were 10 years old. Today they're 25 cuz I've been in
49:09that neighborhood for so long from 10, 11 to tell 11 at night, 12 hours a day.
49:16Those kids go to the different stores.
49:20they were 16 17 and they would buy those tough bars and then they say okay yeah I bought this from and they are till today's date they are still selling so the city start yeah well I think in short if you don't hear from us no news is good news so we're not going to reach out to you if if unless there's something that that that comes up that's that's either a problem
49:41with your store or that we need to you know again bring awareness to a change similar to you know us sending out the notification for for this public hearing. Um so again, I think we can move to maybe the board looking to um you know, move to vote on on uh the hearing.
50:05Okay. Thank Thank you for your comments this afternoon.
50:09Gentlemen, any anything else before we have a motion to close the hearing? I am still here. I've lost my video. I don't know why.
50:19So we the hearing and a second.
50:22Can we have a roll call?
50:25Uh Thomas Corey.
50:26Yes.
50:27Michael Coughlin.
50:28Yes.
50:29Steven Gagliardi.
50:31Yes.
50:32Now we uh we need a motion to take a vote on on accepting the new recommendations.
50:38So moved. Second.
50:42Tess. Roll call.
50:43Thomas Corey.
50:44Yes.
50:45Michael Coughlin. Yes.
50:47Steven Gagliardi.
50:49Yes.
50:50Okay. Next we have the director's report. Tess, what do you got for us?
50:55Sure. Um so last Friday on or on Friday we held um a legislative breakfast um at Whites of Westport and really the um the event was to bring awareness to our PHE our public health excellence grant um which is that shared services grant we have with Somerset SECONK um and Swansea and um our team members Briana um Hannah Elizabeth Jay um are paid are paid out of so um and the the regional nurse and
51:27in secon has paid out of. So um it was a great event. We were able to share the work that that the team members within the grant and and even a little bit more broadly about what the health department is doing. Um and we did that event in conjunction with the Westport collaborative. So um it was it was well attended. we were able to um to have Commissioner Goldstein from the
51:53Department of Public Health join um some other team members from the Office of Local and Regional Health um as well as some you know our our state and you know local delegates from the area. So um I'd say it was a positive event just to again raise awareness about the grant um and showcase all the great work that's going on in the South Coast. U Mike was able to attend. So um if you have
52:19anything you wanted to add about the event or it was a great event. Uh the commissioner uh told Sam and I Sam as the director of the office uh that he thought it went very well. So um kudos kudos to Tess and her team. And I particularly like the way uh that the two uh shared service groups work together to to make the event happen.
52:41and Tess and Matt Amarello and and and his service coordinator Olive uh and and Bana from our team worked uh worked very closely uh to to make the event happen.
52:52Um I sat in on some of the planning meetings and it was it was just great and I I think that it will uh be a model that'll be emulated by other uh grantees uh in in the coming year. So great job Tess.
53:07Oh, very good. Congratulations.
53:09Yeah, it was it was it was it was a great event and it was nice even to see in the room that the Westport group they just hired an epidemiologist and and they we were already putting Hannah in touch with her and so just an opportunity for continued collaboration amongst um our region I think will just you know strengthen um and improve the region as a whole. So it was yeah it was
53:31a it was very positive. Um otherwise the department's just continuing on. Um we are continuing to to look for a part-time mass in motion um associate.
53:44So that position continues to be posted but otherwise everyone is continuing on and and doing a lot of great work within the department.
53:52Very good.
53:54Did we receive anything from for citizens input?
53:57No we did not.
53:59Okay. Uh, gentlemen, for the next meeting, following our usual patent, it would be July 27th.
54:05How's that sound for everybody?
54:08It'd be fine.
54:10Yep.
54:11Okay, let's go with that. Can we have a motion to adjourn?
54:15So moved.
54:17Second.
54:18Tess, can we have a roll call?
54:20Thomas Corey, yes.
54:22Michael Coughlin, yes.
54:24Steven Gaggliardi, yes.
54:27All right, everyone. Have a wonderful Fourth of July and stay cool this week.
54:32Thank you. Take care.
54:33Thank you.