Board of Health 7 28 2025

Good afternoon to everyone in the land of Zoom and welcome to the board of health virtual meeting on Monday, July 28th 2025 scheduled for 3:30. 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.

Hi, how are everybody? Pursuant to the open meeting or 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, can we have a roll call?

Thomas Corey.

Yes.

Michael Coughlin. Yes.

The next item of business is the um approval of the minutes of the meeting from Monday, June 30th. 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 Corey?

Yes.

Michael Coughlin?

Yes.

Next item on the agenda is the approval for application for a tattoo establishment for NeriClass Rodriguez at Nary Class Inc. Studio LLC, 1163 Pleasant Street, Fall River, Massachusetts. I saw Niceri was here.

There you are on my screen. And Josh, I assume you're presenting today.

Uh, yes, I am.

All right. If you would, sir.

All right. I've reviewed all her paperwork. She has everything that she needs to have this license approved. I mean, she has a two-year apprenticeship at the school that she was at, and uh she's pretty much opening up her own shop on uh Pleasant Street, so she's pretty much good to go.

Okay. All all the paperwork is in.

Everything's ready.

Yes, sir.

Okay. Michael, any questions?

No. Move to approve the application.

Okay. I'll second the motion. Tess, can we have a roll call?

Thomas Corey? Yes.

Michael Coughlin.

Yes.

Okay. Motion approved. Next item number six. We have the approval of an application for a tattoo tattoo practitioner license for Nicer Class Rodriguez of 35 Kilburn Street, Fall River, Mass 02724 to work for Nicer Class Inc. Studio LLC located 1163 Pleasant Street, Fall River.

Josh, you're presenting again.

Yes, I am. And again, uh, all of our paperwork is, uh, up to par. Again, the two-year apprenticeship. I mean, she's pretty much good to roll. She has everything she needs.

I did the inspection of the shop on, uh, Friday, so she's good.

Okay. Now, Carrie, do you have any questions?

No, I don't have any question for now.

I'm just really happy that you give me the opportunity to bring a new business to the town and I hope that everybody like it.

Okay.

I move to approve the application.

Okay. I'll second Jet Tess. Can we have a roll call?

Miss Corey.

Yes.

Michael Coffson.

Yes.

Okay. Congratulations. Good luck.

Thank you. Appreciate everybody. Next, we have the approval of an application for tattoo apprenticeship for Siara Sullivan of 29 Trip Street, Fall River, Mass to work for the Fall River Tattoo Company located at 1412 South Main Street, Fall River. Josh, you're presenting again?

Yes, I am. I believe Sara is here, too, I see her here.

Yep. And uh she's going to be working for a tattoo uh under Bruce. She's got her CPR, her first aid, her bloodborne.

She has everything that she needs to be an apprentice.

Okay. I I just have one question. It appears that all the documents don't say Sierra. They say Clara.

Oh, it's Kiara.

I apologize for that, but on on on her CPR cards and everything, it says Clara.

C L A R A.

I have CI A.

Wait a minute. I got my print outs right here. Hold on.

Yeah.

Is it typed or handwritten?

It's typed.

Yeah. On the bloodborne pathogens, it's Clara.

On the adult CPR, it's Carara.

I'm actually looking at both here. And even where in the letter it says, "Dear Sara."

Yeah. Yes, it does. I just want to Yeah. Could be the way the photo copy came up, but on my end it shows uh Okay, all right. Sierra, are you ready to do this?

I am.

Okay, Michael, any questions?

No, no questions. Move to approve the application.

Okay, I'll second. Tess, can we have a roll call?

Thomas Corey, yes. Michael Coughlin.

Yes.

Okay. Good luck.

Thank you so much.

Okay. Next, we have the request for the variance of the keeping of chickens for Jessica Horseman, 411 Stewart Street, Fall River.

Is that you again, Josh?

No, it's me, Elaine.

Oh, Elaine. Okay, there you are.

I just popped on. Sorry.

Okay. What uh what have you got to report for us? Okay. So, I did do a site visit on 7-Eleven. The chicken coupe was not there yet or the six chickens that um Jessica has put on the application.

The yard was immaculate. Uh and where the coupe is going with the chickens is right by the side of their garage.

There's a small pergola on that corner and it's beautiful and I'm jealous. It's just a very nice place. Um Okay.

I don't see why not. I mean, it's it's a beautiful yard and it's very well kept.

She's got a nice little greenhouse on the other side where they will use some of the um chicken waste for compost. So, it's nicely set up.

Okay, Jessica, the board the board usually has three stipulations for every applicant.

Um I already see you already have the root and contract.

Yep.

Okay.

No roosters.

Yep.

Okay. And you said on your application you asked for six chickens.

Correct.

Now you can have four, five, six. You can't have seven, eight, nine. Is that kind of that's understood?

Yes.

Okay. Now we have several um abutters who who uh I'm not sure everybody on the call I I have a full screen. So who is here to to speak on this application?

Yes. Good afternoon. This is um Carrie Britlin.

Okay. Can you state your name and address for the record?

Carrie Brittland. I live at 565 Madison Street.

Okay.

My my house directly abuts 411. Um and as folks know, this area is a very thickly settled area. My property is in very close proximity to 411. Um it ab butts my driveway abuts in my backyard abut their backyard. Um in their backyard there is very limited space. Um as was been has been mentioned. Um the backyard does have a greenhouse. It has a pool. Um it has you know dining and

chairs. So you know there is very limited space in there. Um what I'm concerned with I am concerned about the impact to my family and to my property.

um specifically the the disease that comes along with some chickens, rodents and other animals um noise and overall property value. So I am very concerned about having chickens in this thickly settled area and one that abuts is a direct abut very close abut to my property. There's not a lot of free space here.

Okay. Thank you. And is there anyone else on on the call?

Yes, I am. I'm Kristen Govin.

And and your address, please, ma'am?

593 Madison Street. So, I live directly across the street um across Steuart Street. And I am also very concerned about um the impact of rodents, specifically rats that come with um having chickens on a property. Um, we all in that area have houses that are over a hundred years old, lots of cracks in the foundation and having that amount of rodents come into our neighborhood is is unacceptable. Um, I agree with Miss

Britlin. It is a very small property and the area that they're um putting it in is directly across the street from me and also abuts another neighbor's house.

Um, the coyotes and foxes that will come into the neighborhood um will be a nuisance as well as the noise. Um, so I also oppose this.

Okay.

Is there anyone else on the call?

Okay, seeing none, we did get two two letters of of uh of opposition.

One from from 472 Weedo Street and one from 429 Stewart.

Okay. Um, is it you're afraid?

How do I word this? You know, we've we have issued many animal permits over over the last few years.

and the permits that we issue. To the best of my knowledge, no one has ever come back and filed a complaint about rodents or foxes and coyotes or smells or noise. Is it a fear of these things happening? Because we have no actual evidence of these things happening.

Now, I I'll share this story with you.

Um, I have a large garden. I don't have any animals, but I have a large garden.

And I was out in my backyard about six or eight weeks ago and I noticed that my neighbor had a chipmunk in his yard.

Okay. And I kind of smiled. I said, "Oh, look. They got they got a chipmunk next door." And then uh about two weeks later, the chipmunk was on my side of the fence. You know, it was sort of like an illegal immigrant kind of thing. You know, they they just passed through the neighborhood. Um, but I haven't seen the the chipmunks since.

And again, is this a fear of of noise, which we've never had a complaint of? Is this a fear of rodents? That's why we have the rodent contracts in place beforehand. That's why we set the number of animals at a specific number. Um, and I I believe six is not an excessive number.

I don't think it's a fear. I think it's a fact that rodents come with um chickens. I I I have spoken to many people who have had chickens and they told me the reason they got rid of them was because of the rodents. Um in particular, I have friends that lived in Providence on the east side and they had chickens themselves and they said they would look outside every morning and the

entire area was covered with rats. So that was a city where they were, you know, having chickens in the city and um they had a huge rat problem. Um, coyotes. We already have coyotes coming through the neighborhood, you know, occasionally. And I think when there are prey in the neighborhood, they will come more. So, I don't I don't think it's so much of a fear as it is a fact. They will come.

Yeah. But, but Mr. Corey told you that that our board has never received a complaint from the permits that we have granted where anything like that has ever happened.

Okay.

And so, what and and one one of the I have a point of order for a question for Tom and Tess.

uh if if we grant a permit, if we get complaints, if there are concerns, we can resend the permit, right?

Of course. Yes.

Yeah. So, that that might be a way to address this uh assure the neighbors that if you do see uh any evidence of of the things you're concerned about, you can come back to us and we can reconsider this. But we could grant a we could grant a a permit at this time or it's tenative permit with with the understanding among all of us including Miss Boresman that that this could be

reviewed if there are any issues.

Unfortunately when the rats come um they're not going to you know they will some will leave.

But Miss Governor Hold on hold on. I was I was never we have miss we've told you we have never re received any complaints never seen any evidence that when we've granted these permits with the rodent uh extermination contract in place that that this has ever happened I have yeah see I have an example of it happen it actually happened on Avenue in Fall River on Highland Avenue the corner of there were chickens on

Highland Avenue and Valentine Street. Um the abuing neighbor had to actually fight because again at that point the permit was granted and there were when was this Miss Britain because I live uh at the corner of Montgomery in Highland and I don't know anything about that.

It was some time ago. It was it was probably um maybe six years ago. I don't know exactly but I can 17 years.

Yeah. Well, I mean it's I know I know it was I know it was challenged. I know the challenge was the chickens had to go because of this. I can certainly get you the paperwork that was associated with that house where there were again a permit was granted. There were rats that a neighbor had to fight it. It wasn't just like okay, you know, now that there's evidence of rats, this, you

know, the permit just goes away. It was a it was a battle. And and as Kristen just mentioned, the fact of the matter is is once you have rats, you don't just get rid of them. We want to prevent it.

We we live it's it's a very tight neighborhood. I'm sure you you live in the neighborhood, so you know how close the houses are. This is a city. Um we live very close to each other. Um so, you know, once once we do have rodents, they're they're you know, they're coming and they're they're going to stay.

Wherever they're finding food, they're going to stay. So, we don't want to get to that point. And and again, this is a city. The the reason that they have to get a variance is because you have to ask the neighbors what they think.

You're asking us what we think and we're telling you.

Yeah.

Tom, I defer to you. I Whatever you want to do.

I mean, you have four abutters that are are I'm assuming that the two letters are in opposition. Mhm.

I would prefer to grant the variance and should something happen, you you you see a rodent, you give us give the office a call right away and and we will reconsider.

And and what happens when there are rodents? What what is our course of action?

The the the applicant has already has a rodent extermination contract. So, so they're going to come to our houses and exterminate.

No, they they they will have the usual um rodent traps and things set up on their property in order to to alleviate not alleviate but to to deter but they don't come to our property. So, if they've if they've infested our property, we are we are to we are to be paying that.

Again, I believe it's more a fear of a rodent.

It's not a fear. That's a fact that they will come. I think you know that any farm animal fact it's not we haven't established that it's a fact Mr. Coughlin, you keep interrupting when we're talking and I I would like to finish what I'm saying. I didn't interrupt when you were talking. So, I would like to finish what I'm saying. It It is It is a fact. It is not a fact

that they will come to our house. You're right. Because we don't know that yet.

But it is a fact that when there are farm animals, you will get rodents for sure. They will come. You know that.

And and it's not it's not a fear. It's not an irrational fear that this that they will come. And and you're you're hearing from four neighbors. That's why you have this meeting. So, I mean, I I think you should listen to us. We're the ones that live there.

We're not listening to you.

May I? So, the the yard is very well fenced in. It is protected. Um, and it's densely protected on three sides except the gate right where we go in in the backyard. Um, and rodents. We have had rodent complaints this year in places you would never dream of.

It's just been a tough year. But rodents are rodents. They will go where they can. These chickens are not going to be free range. Um, and like I say, it looks like a good setup. I understand the concerns of their butters, but the fence is But you did say you said that the yard is fenced in, but they're not going in the yard. Is that correct?

They're going they're going to be in the coupe.

They're in the driveway.

No, they're not in the driveway. They're set back inside the yard where it is fenced in. Not in the driveway. Nothing in the driveway.

Okay. The driveway leads to the garage.

And this is on the side of the garage ahead. It It is not where it is fenced in.

It's fenced in. I was there on 7-Eleven.

Ma'am, Kristen, the other side right on top of our pool.

Me, too.

Okay. So, it's not on this. Okay.

Where the hot tub used to be.

I guess a a process question. So, obviously chickens aren't allowed unless you file for a variance and then the variance you ask feedback from the abuters. I think that if all the the abutters are concerned, right, there's valid reasons whether it's overall property value, whether it's disease, whether it's public safety. I guess like what is the process for taking into account the concerns that you're

hearing? Like this is again this is a thickly settled neighborhood. I don't think it's like the the norm to have chickens in thickly settled neighborhoods. So, and over over the over the years we have granted variances in much smaller pots, right? And I but I don't think it's the norm and I think that that's why you asked for a but feedback. Um, you know, there's a there's a reason why you need

to go for a variance for chickens. And I guess we're expressing our concerns about real real concerns and real issues and our property values, right? We're we we are I am 10 feet my my driveway is right I mean my sidewalk where my dog is where my kids play. It's right there 10 feet within their property. And if we're saying that there's there's you know um termination for rats like that can be in

place. Like why would we let that happen?

Right. It can't be it can't be a fear if you already have something in place because you know that it's it's more than likely to happen. So it's not so much a fear as it is when it happens.

This is in place. Otherwise, you wouldn't have that in place.

No, we've always done that as a as a deterrent.

What? But it's not a deterrent. It's when you see them that you can't deter them. You're you're you have to wait.

Oh, well, with with with the extermination contract, the um generally the exterminator comes and puts out traps preemptively. So, if a a rat should wander along, he'll take the bait and disappear.

I think we all know that rodents don't necessarily do that. It's it becomes a problem. Um they're not You don't just put out a trap and then your problem goes away. Um, and if they if there continues to be food and things on the ground, then they're going to keep coming back.

Would you be would you feel the same way if it were three dogs and a small dog house back there or something? Because dog poop also attracts rodents and there are a lot of people up and down that neighborhood that have dogs.

Well, dog poop doesn't so much um attract the rodents as much as chicken feed that is thrown on the ground.

Understood. But it's going to be contained to the best. Do you need a variance? Do you need a variance to get a dog? Do you ask the abutters?

That's why I'm asking you that. Would you would you be okay with three dogs?

Ladies and gentlemen, we're Ladies and gentlemen, we're drifting on this subject.

Well, because because you don't need a variance to get dogs. So, you're already the city is already saying that this is out of the norm. Regardless of how many you have, you're saying it's out of the norm by having to get a variance. Is that correct? Because you don't have to get a variance to get a dog. Correct.

Correct.

Okay. So, that it's already different.

So, you can't really compare apples to oranges. And personally, I don't have any dogs and I don't want a dog. So, I'm I'm probably not the best person to ask.

So, I don't I don't necessarily want any animals on my property, but a dog is different. A dog is a household pet that, you know, someone takes care of and it is not, you know, making all that noise. And if if there were a dog that were barking all the time and causing a nuisance, I would absolutely complain because that's I it's not something I want in my space. So, it's it's a little

different. And the dog, you know, kind of respects the boundaries whether they're fenced in or they have an invisible fence or they're on a leash.

Um they're not like rats that are just coming through the yard and going through any crack that is open. All your comments are so noted and this this is being recorded so they are so noted.

Tom, can I I have some thoughts. Um I wonder if there's a possibility, Miss Horseman, of of you continuing to talk to your neighbors about additional mitigation that you're willing to put in place. And and Elise, I'm wondering if you have time to to make some periodic inspections of the property to make sure it continues to be maintained and pristine and and if if there's some way we could come to a an

agreement that everyone could live with.

Uh what do you all think?

Could I jump in for one second, please?

That'd be okay. So, what I can say is they are not going to be free rain through the backyard. There's going to be a run that is attached to the coupe back there in the bushes. So, they're not going to be running through the yard. They're not going to be hopping into neighbors yards. They're not going to be getting loose. The feed containers that have been purchased are mountable up on the wall. They're not on the

ground. So, there's not going to be just chicken food all over the ground. I've had 18 chickens in the past. I've never had a rodent problem. I've never had anything filed with the board of health.

Um, I've had a Butters that have never had an issue with it. Um, you know, we have an automatic door on the coupe, so it's not going to be open 24/7. There is no roosters, so there's not going to be any crowing. Um, I don't know that there are any other additional mitigations that I could put into place outside of the one thought I one thought I had is if if

we do see evidence of rodents, would would you be able to uh uh extend your rodent your extermination contract to the other properties that that that have the evidence? So, I mean, what we can say is, like I said, they're the feeders are off the ground. They're not on the ground, and they also won't be out there all night. You know, they go out during the day, they're brought back in at

night. So, they're not something that I understand the reassurances you're asking you if you're willing to to take an additional step to reassure your neighbors that if the rats do show up, and none of us, you know, we we're not assuming that they will, but if they do, will you address the issue to your neighbors, you know, satisfaction?

That's what I'm asking you.

Well, of course. I mean, we don't want rodents. You know, we live in a old house with a stone foundation. Um, if there's a rodent issue going on, that's something that we would address. We're not going to let them continuously sit in the backyard with a rodent issue.

Absolutely not. Um, the contracts in place, they've been out, they've set the bait traps to be proactive. They come back, they check them monthly. You know, we would know if they're catching them.

We would know if there's a problem to say, "Hey, time out." Obviously, we don't want them in our house. Um, you know, so we'll have records of those inspections. I mean, those are things that are going to be able to be provided to say, "Hey, yes, we have a rodent problem or no, we don't have a rodent problem."

Okay. So, so if if there are an issue, we'll we'll we would be if we grant the permit, we'd be looking to you to take further steps to address it.

And at least, I think I heard you say that you'd be able to make some periodic inspections to the property to make sure it continues to be maintained in the way that you saw it on 7-Eleven. Is that right?

I could do that.

And so what do we have period? What if the rodents, you know, you you remove the rodents from there and they have moved on over to our properties and then what we're responsible for that?

That's what I was asking, Mr. Horseman.

Are you ready to step forward and and and work with your neighbors uh to to to cover the cost of of additional extermination? I mean, like I think that that could be challenging in terms of, you know, I I'm hesitant for the board to to go down down that road. Um, just due to us not necessarily being able to, you know, monitor monitor things in a way that I mean, it's true, but we can't prove

that they the rats do show up. We can't prove that they're their responsibility of this party.

Yeah. If I if I may, uh I'm Russ Horseman, Jess's husband. I live there, too. Uh as far as, you know, additional efforts with um rodent control. Like she said, we definitely don't want it on our property. And if there were to come things that uh neighbors were having issues and somebody was concerned of an uptick in rodent activity, we could certainly get with our our contractor to

deal with more things on our property.

Uh, I guess a concern I would have is, you know, if it's chicken related, then yes, we want to control it. We want to be proactive. We want to stop it before it even happens. But if people are having, you know, rodent issues on their property, is that definitely because of the chickens. Is it their own doing? I mean, I don't know that we want to be dragged into contracts for the entire

neighborhood. We would certainly, if there was an issue and your inspector decided that there was more required and showed up and said, "Hey, you know what?

you should double your efforts or, you know, have the inspector come out more often. Whatever that is, we could change, we could upgrade our contract with our contractor as needed if that became an issue. Uh, I feel, you know, getting into buying contracts for the neighborhood just might be a slippery slope.

I mean, if the pest control people are um removing, trapping and removing unmute. If the pest control people are trapping and removing, um I don't see how that would increase rodents to the neighbors because they're actually removing.

It wouldn't it wouldn't force, you know, the animals wouldn't hear about it on social media that, you know, don't go in that yard, we should go to the next yard. um they they wouldn't have that awareness and if they would be attracted they would be attracted to the whatever they want and then they would be trapped and removed. So I don't see how that would increase um anything to the neighbors.

No, but if they're in the neighborhood and they see, you know, trash barrels or anything that's left outside, they would they certainly will travel. They're not, you know, they're not going on Facebook for sure, but they are um attracted to food or anything else in the neighborhood.

Same could be said for bird feeders.

I don't like birds either.

And one neighbor gets a bird feeder and it makes a mess in my yard.

That's worse.

My neighbor has You need a variance for a bird feeder.

No, so you need a variance for a reason.

People with an Amazon account can get a bird feeder and then it makes a mess for everybody. And you know, if you have a pool, birds can really mess up your pool too.

But can I ask we we brought up two different other animals that we don't need variances for. So if if this is not a big deal, why do you need a variance for why does the city require this for chickens?

Yeah, that's the ordinance. That's the way it was put in place.

But why is that an why is that an ordinance if if it's if it's not a big deal?

It's not a big deal for dogs or bird feeders or cats, you know, it's not a big deal for those.

So, so you have a variance for this because you want to and you send a letter to all the butters within 300 yards because you know it can be a nuisance but you don't do that for any other animals. So, you already know it it it can cause a nuisance.

So, the bird wait agree that it could cause a nuisance.

The evidence shows that it does not cause a nuisance.

There are many variances that we have granted and again we've had no one come back to the board and uh say listen we're we're overrun with rats or we're there's a hundred roosters or whatever um no one has ever come back as I asked in the beginning is it the fear of the situation or is it a situation and at this time we don't we don't have a situation But could I pull up the information?

Could we could I could I could we get back to the board with specific information on this exact topic where this board had to pull a permit because of this issue. I I again I don't have the specifics. I don't have the date, but I do think that again from a process perspective, you send out these they send out the letters to the abuters. You ask for their feedback. were given, you

know, now you have four but four basically saying they have real concerns. Is that just like swept aside or can we like and again you're asking you're saying that there's no evidence?

I know of a case a specific case where this board had to rule on it. So what I'm asking you is is that can we just take it you know take a breath. Yes. And get this information to you so you can see that it was real.

No pressure.

Ma'am, I've been on the board since 2008.

I we've never revoked a variance for animals that we had that we had granted a variance for.

Okay. So sometimes sometimes residents will get the chickens or whatever and the board doesn't know and until someone complains or or notifies us, that's when many times our inspectors go out and knock on someone's door and we'll say, "Did you know you needed a permit for this?" And they'll say, "No, we didn't." And that's how the permits have been granted over the last maybe five, six, seven years.

And I think there's a big difference between people who do it without a permit and people who do do it with a permit because the people who apply for a permit are generally not in it to break the rules, break the regulations.

They know that they're going to have inspector's eyes on it. Um it's very different when you just put them in and ask for forgiveness later.

Think that there there's there was evidence of these chickens and it took it took time. So I just I just asked if you you can get that together. you can forward it to the board and uh we can reconsider that. We'll consider revoking the variance after we see some evidence.

But at this time, I am still in favor of granting the variance.

Tom, is that a mo are you? Is that your motion?

Chairman, can I make a motion?

I'm sorry. Uh uh Mike or Dr. Gaggliardi.

Motion to approve.

Do we have a second? Can we have a roll call?

Thomas Corey?

Yes.

Michael Coughlin?

Yes.

Steven Gaggliardi?

Yes.

All right. Again, if you get your evidence to us, ma'am, we'll we'll come back and revisit this issue.

In the meantime, I think at least we'll continue to monitor the property and and you know, we we will address this going forward if we need to.

And Mr. Mr. Mrs. Horseman, do what you can to keep everything clean and neat.

Absolutely.

And work with your neighbor, work with your, you know, if your neighbors have additional questions, concerns, please respond to them. I'm I'm I'm curious as to whether you had any outreach to them before we got to this point.

No, we the first we heard of it was when we got a letter from the city.

Yeah, that that may Yeah, that's unfortunate.

Yes, it is.

Okay. Thank you.

The next item we have is a second offense of the act to modernize tobacco control at KD Food Mart 208 Stafford Road, Fall River. Jennifer, I saw there you are. You moved on my screen.

You're you're presenting.

Yes.

Um I'm just going to start with the history first. So on March 28th, I completed an inspection at Katie Food Mart. Uh, I did find flavored vapes. At that time, I did issue a cease and desist and they did pay their fine that was for $1,000.

Recently, I went on July 14th to do a reinspection uh with my part- timerr and I did find a box of flavored vapes. Since it was their second violation, I sent another cease and desist. Uh, issued a fine for $2,000. They did stop by today and they did pay their fine. Um, so right now the only thing in question is the seven-day suspension.

What was the date of the first offense?

Uh, March 28th this year.

Yes.

Four months go by and the stuff's not out of the store.

Sir, hello. I Yes, sir.

Okay. Can you state your name and address for the record?

My name is Mizan Rahman and uh I am working there to 208 Stafford Road Fall River.

Okay. Now this is the second visit in in 4 months and the vapes are still there.

How did that happen?

Sorry to say actually you know what happened. I told my boss I we didn't get from back our wholesaler they didn't supply that 3% B which we can we allow to sell. So I called my boss in Maryland to send some 3% B to that we can run the business. So mystically he sent some 3% with also some flavored one. So when I unpack that box I get some of 3% and

some of 5%. So I put one side all of 5% and I put in a store not in the counter I put in a backside in my store to box it up and I keep it here because my boss when he left from Fall River to Maryland he going to take with him. So if you want I can show you my invoice also I can show uh give Jennifer also that invoice. So this thing is totally

unintentionally and mistically I keep in a store.

Okay.

Jennifer, I wasn't I'm not a smoker. I'm not a vapor. I didn't even know there were two different percentages of of vapes. Aren't Aren't all flavored vapes allowed?

Uh yes. So all flavored vapes are banned in Massachusetts. Um I think he's just talking about the percentage. So, in typical stores, they can sell only up to 3%.

Um, they did have a couple, I believe they had a couple 5% ones, but um, the main thing I wrote the violation on was for the flavored vapes.

So, the flavored vapes that were there on the second time, were they in the store room or were they out for public?

Um, so they were uh they were located in so where their storage areas is where they keep all their storage. It was in a box in their storage area, but the box was open. Um, anything that's on property is considered for sale and um, yeah, I didn't it was on it was there at the store.

It might not have been in front of the counter, but it was still located inside the store.

I I assume we do know of instances where someone will come in and ask for something like that and they'll go out in the back and bring it up, right?

Yes. Yeah.

should have brought him home with you or something.

Well, gentlemen, the question is the suspension. What do we want to do?

So, the fine stays in place, I would guess.

Yes.

We we have had a recent practice of of foregoing the suspension for the second offense with with the ironclad declaration that if it happens a third time, you're going to lose your license for what is it 30 days?

For 30 days. Yes.

Yeah.

And you're going to take that stuff out of the out of the I assume you've already taken th those illegal vapes out of the store. Is that correct? And they'll stay out of the store.

Yes.

So there's a there's no difference between being in the storoom and being out for sale. If it's on property, it's a violation.

Uh I told you that uh before as I speak you uh this thing is mix up with uh flavored and unflavored. So I take out that unflavored one which we can have permission to sell but that flavored one we put in a backside like storage area our holdings and all those stuffs is not inside in a shop or inside in a counter.

Yeah, we understand that but the violation is it can't be on property and there's no what you have is an excuse for what happened. Um, but it's not, you know, it doesn't get rid of all all penalty. Um, so you may have a good excuse for it, but it doesn't excuse, you know, we can't just let it all go. Um, so I I motion to keep the fine, um, suspend the seven days,

but go with a full 30 days if there's another violation.

Do you understand that, sir?

No suspension today, but if you come again, it'll be a full 30-day suspension.

I second the motion.

Okay, Tess, can we have a roll call?

Thomas Cory?

Yes.

Michael Coughlin?

Yes.

Steven Gliardi?

Yes.

Thank you. Good luck.

Thank you, sir. I appreciate it.

Thank you for you guys time.

Okay, next we have we we have the approval of a local upgrade uh at 81 Greenleaf Street. Mr. Aguiar is unable to attend today, but he did send us a a note with the information and he's recommending that we approve the upgrade as described.

Okay. Anyone want to speak on the issue?

Is this Good afternoon. Is this for the well at Greenleaf Street?

Yes.

Okay. Okay. I I didn't quite catch that.

My name is Terry McGovern from Zenith.

Uh Zenith Consulting Engineers. pinch hitting for Niles Zagger who is out today. Um I can share the screen with you briefly but what what the applicant is requesting is they had a well which was um inside of their house which has failed. Uh a septic system was installed uh a short time ago that is a treatment system. This is in that unusual portion of the city that bo uh borders southwata

pond. It's kind of cut off from everything. So, it's kind of a little bit of a rural neighborhood where the um all of the residents have wells. And I'll put the hopefully you can now see the the screen. I've shared it.

Yes. Um, and the relief that we're asking for is for the 100 foot setback from our well, our proposed well, which is going to be relocated out to the front of the property from two abuing septic systems. Uh, it be approximately 96 ft instead of 100. So, slightly slightly under the requirement. Uh, not drastically.

The radius around here shows that um all of the other systems in the neighborhood are out. In fact, the old um well, which was actually located inside and below the house, was probably closer to several other systems. Um this one is the minimum distance it can be off the property line. And again, very slight relief is needed to the uh the two adjacent septic systems at 29 judge and

50 judge kind of diagonally across from each other.

Okay. Thank you, gentlemen. Any questions?

I don't have any questions. Based on the engineers recommendation, I'm ready to go forward.

Yeah, it seems like a reasonable accommodation.

Mhm.

Uh Motion to approve the request.

Second.

Task. Can we have a roll call?

Thomas Cory.

Yes.

Michael Coughlin.

Yes.

Stephen Gagliardi.

Yes.

Mr. McGovern. Thank you.

Thank you very much, folks.

Okay. T, what do we have for the director's report?

Um so my um my main update is we have um we have hired someone for the youth services position. That individual will be starting on August 11th. So looking forward um to that new team member. Um I think that individual will be a great fit. So again I'm happy to have a have someone um who will be starting in the near term. Um we are mostly the department's been busy finishing up kind

of year-end financials with several of our of our grants. Um and we have posted the position for the regional inspector role um that that is um been recently vacant. So looking to hire somebody um in that position again. So um we haven't received a um a number of applicants. Um I believe one came in over the last few days but are are still um reviewing those applications and we'll be setting

up um interviews for individuals who we think might be a good fit. So um again that's the regional position with Secon Swansea um in Somerset.

So um hoping to have a a full staff in the very near term.

T can you tell us more about the new youth services person? Sure. Um, so it is an individual um who has worked in the community, was born and raised in um in Fall River. Um, I want to make sure the individual has has shared with her current employer um that she'll be um moving moving on. um but um has has a lot of grant experience um not necessarily in um in youth violence prevention um but a

lot of grant experience um within substance use um and I think those skills will transfer um nicely. again, she knows the community well, knows the players, um, you know, which is a a big part of the youth services coordinator position because there's so many partners that's under Shannon and SSY.

Um, but I think um, you know, I'm eager for her to get started.

Okay. Well, why don't you bring it to the next meeting and and we can Sure. Yeah.

Sure. We'll plan on that.

Okay.

Did we receive anything for citizens input?

No, we did not.

Okay, gentlemen, we need to confirm the date for the next meeting following the regular patent. It would be Monday, August 25th. Is that okay with everyone?

Yeah.

Okay. Can we have a motion to adjourn?

So moved.

Roll call.

Thomas Corey. Yes, Michael Coughlin.

Yes, Stephen Gaggliardi.

Yes.

Okay, thank thank you all. Have a pleasant rest of the day and stay cool over the next few days.

Yeah. Yeah, sure.

Thank you. Have a good one, everyone.

Bye. It.