9.22.2022 Board of Health

good afternoon to everyone welcome to the Board of Health virtual meeting on Thursday September 22nd scheduled for 4 P.M my name is Thomas Corey present with me via Zoom is Michael Coughlin Dr Stephen Gagliardi Tess Curran our agent of the board various guests and participants in today's meeting pursuant to the open meeting or any person thank you make an audio or video recording of this

public let me transmit the meeting to any media attendees are therefore advised in such recordings or Transmissions are being made whether perceived or unperceived by those present and I deemed acknowledged and permissible Tess can we have a roll call John the president Michael Coughlin yeah Stephen Gagliardi Dr Gagliardi is it Dr gagliani we can see you we can't hear you oh I'm sorry okay

the next item is the approval of the minutes from of the meeting of Thursday July 14 2022. are there any additions deletions or corrections to be made to the minutes of the meeting is printed who's to approved second foreign are you with us sorry I was on mute second okay can we have a little call Thomas Corey yes Michael Coughlin yes Stephen Gagliardi yes the Nick the next item on the agenda

uh is a request of the city of Fall River treasure is revoked the food establishment license for Tony's Bakery 196 Columbia Street in Fall River pursuant to the city of four of a code of ordinance 14.4 but I would like to ask Tess we had had a a consultation a few weeks ago and I thought this was being moved to October am I incorrect yeah so we'll just have to table it for the next month

okay so we're going to table it again um can we have a motion to table item number five second can we have a roll call Thomas Corey yes Michael Coughlin yes Stephen Gagliardi yes okay the next item is a request for approval of a tattoo practitioner license for Frederick Fitzgerald the floor of a mass to work for the four of a tattoo company 1412 South Main Street Fall River 02724 please say you are reporting on

this yes I am of all the documents in order they are I mean he has all his documents uh present he has been practicing as a an apprentice um and August 19th was his his full year so now he is applying for the practitioner's license and everything is in order he has everything is in order yes I do want to comment on whoever filled out the form you have beautiful penmanship I was noticing that yeah wow

do we have a motion to grantee the tattoo practitioner license motion to Grant second can we have a roll call that's Corey yes Michael Coughlin yes Stephen Gagliardi yes okay Nick next up item number seven request for approval of a tech a tattoo practitioner license the Allison Pavel with Fall River Mass to work for Up in Flames tattoo 228 South Main Street Fall River 02721 yes I am and all her credentials are in

order um she has been working as an apprentice um well it's been since uh I think 2020 and she continued on um she felt that she wasn't ready at the time and then Kobe broke out so now she's a client for her practitioner's license okay and all the paperwork is in order everything is in order yes okay gentlemen can we have a motion motion to approve a second we have a roll call Thomas Corey yes

Michael Coughlin yes Stephen guysliardi yes okay next item number eight request for approval of a tattoo practitioner license for Allison table of Fall River uh to work up in Flames 228 South Main Street Fall River the same thing now this is Jessica now Jessica oh you know why I think it's repeated it's written down you know I looked at that I thought maybe there was a a partial license okay number nine request

for approval of tattoo practitioner license for Jessica Duran of Methuen Mass to work for Body by Ben Milli 484 Highland Avenue Fall River Mass yes Jessica has um a practitioner's license in Florida she's been working she'll be working up at Family Spa up on Highland Avenue for a Dr montcloney um up in that I don't know it's been there a couple of years I guess so maybe a few years but all her credentials in

order she's taken every course that she could possibly take um all the paperwork was attached you saw she's taken many many courses yes yes she's doing a good job yeah all right do we have a motion to Grant second we have a roll call Thomas Corey yes Michael Coughlin yes Stephen Gagliardi yes okay next item number 10 we have a tobacco violations hearing second offense to modernize Tobacco Control

from A1 Prime Gas take 13 Broadway forums go to seven to four this will open up the hearing Diane you're presenting yes I am good afternoon and welcome good afternoon um so L Prime was issued a fine of two thousand dollars for a second violation of the state law entitled enact modernize Tobacco Control um after we did inspection on September 9th um due to a complaint we received

that they were selling flavored tobacco products flavored tobacco products were found in the establishment um so Fall River tobacco regular regulations state that there is a possible suspension of their tobacco license for seven days which accompanies the fine for a second offense um so Alpine was told to appear at this hearing so that they could speak on their behalf before the board makes a

decision about whether or not to include the seven day suspension but they are being issued the two thousand dollar fine um so there is a representative here tonight um he's the manager for L Prime he is not the owner he's just he's the manager okay sure could you state your name and address for the record yeah yes and 813 Broadway L Prime okay what what do you say in your defense

yes uh Miss came in and uh there was some babes uh that uh was in the cabinet then that was some of them old stuff there

so after the after the first offense when there was a fine no one no one went and got all the illegal stuff out is what you're saying so it was an accident that it was all there yes even in the face of a of a two thousand dollar fine no one thought it was important enough to make sure you didn't have the stuff that you weren't supposed to have in in plain view an unfortunate accident

is that what is that what the defense is he was so one of the of not just checked it was there so even though someone came in and said it's not supposed to be there and you got fined no one went and made sure that everything was right even though you knew that if you got caught again it'd be a two thousand dollar fine and potentially a a loss of of the ability to sell

yeah I would think that would be the first thing you would do make sure that there isn't anything improper there I think that'd be like the first the day after like in the morning the morning of the day after it was it was it was a mistake sir if if it is foreign anybody else have any questions

I would have been careful about mistakes after the first thousand myself motion for suspension three days seven days seven days sorry sir we're just very little small business we I miss uh Miss was there she said he's mandatory that he have to pay two thousand dollar fine we'll we'll definitely better find it anyway we get a chance not to get a suspension please it's a very small business uh Miss Diane

that she was there she she saw this and we we are really struggling if we suspend us for seven days it's gonna look really bad to the customers it's going to be really bad for the business too they want to make sure that stuff isn't there anymore after this oh I will definitely make sure the stock is not there that that I can say yes unfortunately we have to consider you're being a responsible business owner and

not selling out Ward products in the past we've tried Education First and that was the first ticket and now you've had a second ticket um I would tend toward the suspension myself please it's a very small business if you if you see that our business side it is just two thousand dollars that we we are paying it's it's hard really hard for the business then if you shut us down for seven days

it's just gonna be really really tough for us if you could please consider for that place if it is possible it's just a small business it's just really small business we don't even have our own parking lot we have a motion for seven days on the table Diane can you jump in and and discuss the the previous the precedent that we have with these type of suspensions well it says in our um regulations that

we may suspend is the verbiage um but it is it's a requirement of seven days if the board chooses to give the suspension where we don't have the ability to to make it less than seven days no

well I was I was willing to go less than seven days but I'm if we if it has to be seven then that's what it has to be well accept that as a second I guess so my screen is coming in and out so I just want to be sure that Dr gaglioni made the motion for the seven days and Mr Coughlin has seconded is that correct yeah okay Caskey we have a roll call

Thomas Corey yes Michael Coughlin yes Stephen Gagliardi yes and Diane when uh it will be feasible for you to execute the suspension um I think what I might do is I may follow up with Mr Udin and then we can arrange for that um just due to the business hours and whatnot I think um I might actually just speak with him if that's okay unless we have to make a decision now judgment okay thank you

okay next request for a local upgrade approval for the installation of the new septic system allowing a three-foot separation between the bottom of the soil absorption system and the seasonal High groundwater elevation or foot required 981 Indian Town Road Fall River Massachusetts 02722 Mr aguiar welcome to uh board Health meeting thank you for having me for those of you who don't know me my

name is Dan aguiar I'm the new city engineer and on top of the other duties I've received since Roger has left uh Mr cassavant the review of some septic plans and dealing with some of the Border Health stuff has fallen its way on my desk uh so I've had a lengthy career 28 years in the private sector have designed a lot of septic systems um and have seen a lot of this go on so

these two applications that you'll have before you came in recently for repairs I did witness the correct test on this one for Indiantown Road because it came in after Raja was gone so it's a simple repair to an existing failed system for a single family home this one's on Indian Town Road no other issues with the Lots no issues with well setbacks or things of that nature very flat backyard

that they did not have the ability to raise the system without installing an expensive pump style system or some type of denitrification so this is a very minimal uh relief under the local upgrade approval Provisions that title V allows I don't know how the board has normally handled these items in the past these plans came in I added the letter and submitted them to to the board

because it does require this hearing for you to vote on the granting have this local upgrade approval the applicants did not submit a form 9A which is the state's required form that they fill out for these types of items so if you do move in the positive and Grant this it should be conditional upon receiving the proper paperwork from the applicant gentlemen it's been a long time since we had

we had both I've had a few of them I've only been here a few months this was common knowledge 10 years ago I've got Rusty over this recommendation I am as well okay can we have a motion and seconded we'll move to uh accept the waiver move to approve the waiver requests uh with the condition that they sign that poll or send in that form I'll second that okay can we have a roll call

Miss Corey yes Michael Coughlin yeah Stephen Gagliardi yes okay next item request for a local upgrade approval for the installation of the following allowing a three-foot separation between the bottom of the soil absorption system and the seasonal High groundwater elevation four foot required allowing an 11 foot separation between the soil absorption system and a bordering vegetated Wetland

50 foot required allowing the use of a sieve analysis in lieu of standard perculation rate at four captains Circle Four of a mass 02721 this is one of those areas bordering of what's up a pond on the Tibetan end of the pond that's correct so this one a little bit different than Indian Town Road we have a very limited size of the parcel itself so it has a lot of limiting factors if

you've had a chance to look at the plan regarding a budding Wells regarding a bordering vegetated Wetland which is just to the rear of the property the originally when the application came in they showed no Wetlands I've done work in the area for many many years on a number of different projects so I asked the applicant to go back and look at the Wetland within the within the vicinity

of the system they did submit a revised plan showing the appropriate Wetland area and asking for the required relief when you have a system like this there are a number of different variances or ways you can approach it they could have potentially moved the system away from the border and vegetated Wetland but that would have required setback relief to a budding Wells so you kind of weigh

what type of relief is being requested in this one there really is no place that would be less detrimental than where they are proposing it there's currently a cesspool on the property that is in very close proximity to this Wetland as well and sits in the groundwater so this would be a drastic improvement to the to the existing system that that's been currently failed so you have to applaud some homeowners

for voluntarily making these upgrades to their systems but there are rules and regulations to follow so I think the relief that they've requested is about as minimal as they can and is really the best effort that the engineer could make in this situation uh again if you move it I would require that they file the appropriate 9A form and also the approval should be conditional upon them

filing with the Conservation Commission for a construction activity within 100 feet of that bordering vegetated wetland that's all if you have any questions I'd be more than glad to answer them that sounds pretty reasonable I agree ment with the stipulations motion to approved seconded you know with stipulations as stated by Mr agave yes can we have a roll call Thomas Corey yes Michael Coughlin yes Stephen Gagliardi

yes okay Mr ragiar thank you very much thank you very much for having me hope to see you soon or maybe not thanks thanks can we have the director's report so um the update is really just that uh you know we're continuing our efforts in terms of vaccinations and boosters um we continue to have clinics at the library um a few times a week and are are still encouraging folks to take advantage of

the opportunities to get any dose especially your first dose we're still seeing uh low rates of of Youth in the community having received a first dose but are are seeing you know those those numbers kind of trickle in each week um so we're hopeful that as more folks get vaccinated and tell their friends and family then then others will become more comfortable with getting their youngest

um vaccinated so uh still working on that we are still Distributing the rapid test kits um for free at the library there's also test kits available at Government Center as well as at Health First you don't have to be a patient to receive them at Health First you can just go into the security desk and get them so those are the locations for um for free kids throughout the community we're receiving more test kits

from from the state so we certainly have enough for community members to take advantage of and are hopeful that people do so you know if they have been exposed or if they're you know experiencing any covid-like symptoms um so that's really you know it continues to be the effort as it relates to covid and then just generally speaking in terms of monkey pox um are are working to encourage anybody who's

in the eligible population for for the monkey pox vaccine to seek vaccination the closest location for us to Fall River is the Seven Hills in New Bedford um so there are yeah individuals have to meet I'm sorry if we had any cases of monkey pox here we have we have had cases so so uh and and with with any communicable disease um you know it's not just uh maybe the the populations that we're seeing

um at highest risk that we're all all you know uh have a risk of exposure to any any type of communicable disease so um so important to you know again try and eliminate any stigma but also encourage anybody who is in um the at least eligible population right now to seek vaccinations and the state has modified it so technically it is a two dose series but as of right now due to

lack of supply of the vaccine the state is is um not administering the two doses they're only administering um the first dose uh and and as it stands right now local Health isn't eligible to receive the vaccine the state is uh handling the vaccine and and determining where the vaccine will be local located which is why we don't have a clinic closer to us or where the local Health doesn't have any of the vaccine

it's because the state is handling that and has designated Seven Hills in New Bedford as the location closest to us I just wanted to jump back at a question on those rapid tests are those the same rapid tests we've always had are these a new batch that actually pick up the Omicron variants so so people are testing positive with with these uh all right then we have the eye health kits

um and so you know uh we we haven't seen that that it's not picking up Omicron cases you know the majority of the cases throughout Mass right now are are the Omicron variants so um and people are still still testing positive with those what I have heard anecdotally is that some of the the Federal Supply I'm forgetting the name of it but the line is is very faint for positive cases

um and so just to be mind mindful of that um but we are seeing people test positive with the I have kids all right okay did we receive anything for Citizens inputs no we did not receive citizens input okay the next time confirm the date to the next meeting following our usual schedule it would be October 27th and I had I had um I know we I'm wondering um Tom and Mike if there would be an

opportunity to try and meet the the start uh start the meetings at 3 30.

um like we had kind of some of us were talking on the call government centers hours have shifted um so in order to inspectors um be able to be on the call if we're able to meet earlier so that they they they don't have to work past um their you know the 4 P.M time frame do you have the capacity um Tom and Mike to meet it starting at 3 30.

uh it would be no problem for me sure thank you is that okay with you yeah yeah I spoke with Dr Gagliardi about it earlier I know his his schedule can be a little bit um tricky to navigate okay so we're gonna go with 10 27 at 3 30.

I'm not delivering any babies anymore so my schedule is a little more manageable oh you're not October 14th was my last uh last day doing obstetrics September in September August 14th sorry oh August oh okay so now I can I can go to Providence if I want to I can leave the city can uh can we have a motion to adjourn that if there's nothing else so we'll second Jessica we have a roll call

Thomas Corey yeah Michael Coughlin yes Stephen Gagliardi yes thank you all have a lovely evening and stay dry on the way home all right thank you