Board of Health

Approved 4.5.23 BOH Meeting PRESENT: Jo-Ann Keegan - Chairperson Kathleen Cullen-Lutter, Board Member Erin Gendron - Board Member William Galvin - Board Member Lisa Golden - HHS Director Cesar Pungirum - Tobacco Control Program Director Jimmy Le - Sr. Sanitary Code Inspector Chairperson Jo-Ann Keegan called the meeting to order at 6:04 PM 3/1/2023 - Minutes 1. NEW BUSINESS 1.I. Motion: To Approve the Minutes of the February 1, 2023 Meeting of the Board of Health Motion: To approve the minutes of the February 1, 2023 meeting of the Board of Health made by Erin Gendron, seconded by Kathleen Cullen-Lutter. All in favor. 1.II. For Review: Trinity EMS, Inc. Reports and Notifications submitted by Jon Kelley The Board reviewed and placed on file. 1.III. Discussion/Vote: To Recommend the Execution the Second One Year Extension of the Ambulance Contract Motion: To table item until the arrival of Board Member William Galvin made by Erin Gendron, seconded by Kathleen Cullen-Lutter. All in favor. Returned to the item upon Member Galvin's arrival. Board had no questions and recommended that the Law Department moves forward with processing the second one year extension. VOTE: Jo-Ann Keegan - yes William Galvin - yes Erin Gendron - yes Kathleen Cullen-Lutter - yes 1.IV. For Review: Monthly Development Services Report submitted by Senior Sanitary Code Inspector Jimmy Le Sr. Sanitary Code Inspector Jimmy Le reviewed the reports with the Board. Board Member Kathleen Cullen-Lutter noted that Lowell High School had failed their inspection. Mr. Le reviewed the circumstances with the Board. 1.IV.i. Communication: A & R African Market & International Food 558 Gorham St Lowell Sr. Sanitary Code Inspector Jimmy Le updated the Board regarding the A & R African Market & International Food 558 Gorham St Lowell. Mr. Lee reviewed the circumstances for sanitary code failures and the establishment's lack of a valid food permit at this current time. Mr. Le currently recommends to the Board that the kitchen be removed from the establishment to prevent further violations.  BOHM03012023 Page 2 Owner Mr. Al Hassan Mansary was present to speak to the Board and felt that the establishment was closed for no reason. The Board spoke to Mr. Mansary about the circumstances of the complaint and inspection. The Board inquired if the food can be removed the store until the food permit is renewed to make sure that there is no food preparation until that time. Mr. Mansary told the Board that he would move the stove to the basement and remove the donated items from the store. Mr. Le informed the Board there was an excessive amount of rodent droppings in the basement and the boxes of donations prevented exterminators from doing a complete job. Chairwoman Keegan suggested Mr. Le send a letter to Mr. Mansary outlining the requirements discussed at the meeting. 1.V. For Review: Tobacco Control Monthly Report submitted by Cesar Pungirum, Program Director Mr. Cesar Pungirum, Tobacco Control Program Director reviewed his report with the Board. The Board had no questions and placed on file. 1.V.i.Tobacco Permit Suspension Hearings Mr. Pungirum, Tobacco Control Director, spoke to the Board regarding the circumstances of each establishment's inspection and resulting sale to a minor. Mr. Pungirum recommends to the Board that each establishment serve a three consecutive day suspension from the start of business on Wednesday March 15th through the close of business on Friday March 17th, 2023. 1. Appleton Liquors - 171 Appleton St. Lowell. No person was present to speak on behalf of the establishment. Motion: To suspends the establishment's tobacco license for three consecutive business days from the start of business on Wednesday March 15th through the close of business on Friday March 17th, 2023 made by William Galvin, seconded by Erin Gendron. All in favor. VOTE: Jo-Ann Keegan - yes William Galvin - yes Erin Gendron - yes Kathleen Cullen-Lutter - yes 2. Ornelas Liquors - 1088 Gorham St. Lowell Owner Anil Patel spoke to the Board and noted that the employee has been retrained. Mr. Pungirum informed the Board of the circumstance of the sale that the fine has been paid. The Board noted that they do not have much leeway on the length of the inspection except to make the suspension for a longer amount of time per State Law. Motion: To suspends the establishment's tobacco license for three consecutive business days from the start of business on Wednesday March 15th through the close of business on Friday March 17th, 2023 made by William Galvin, seconded by Kathleen Cullen-Lutter. All in favor. VOTE: Jo-Ann Keegan - yes William Galvin - yes Erin Gendron - yes Kathleen Cullen-Lutter - yes  BOHM03012023 Page 3 3. King Liquors - 326 Fletcher St Lowell Chairwoman Keegan read the circumstance of the sale. Mr. Pungirum showed the Board the back of cigarettes purchased by the minor and noted that the establishment has had other small violations in the past. Atty. William Hurley was present to represent King Liquors and addressed the Board. Atty. Hurley informed the Board that he felt there was a legal error being made by the establishment paying the fine and then having the tobacco sales license suspended. Atty. Hurley also noted that the website is misleading with the regulations posted and the lack of stating what the state penalties are. Mr. Pungirum informed the Board that communities across the State are interpreting the law in the same manner in which the suspension shall be applied. Board Member William Galvin inquired if Mr. Pungirum could approach the Law Department regarding the language. Motion: To suspends the establishment's tobacco license for three consecutive business days from the start of business on Wednesday March 15th through the close of business on Friday March 17th, 2023 made by William Galvin, seconded by Kathleen Cullen-Lutter. All in favor. VOTE: Jo-Ann Keegan - yes William Galvin - yes Erin Gendron - yes Kathleen Cullen-Lutter - yes 4. Lakeview Liquors 815 Lakeview Ave. Lowell Mr. Pungirum reviewed the circumstances of the violation with the Board. Owner Mr. Kalpesh Patel was present to speak to the Board and inform them that improvements to the store were being made to prevent this from happening again. Mr. Patel asked if the suspension could be for one day. Motion: To suspend the establishment's tobacco license for three consecutive business days from the start of business on Wednesday March 15th through the close of business on Friday March 17th, 2023 made by Kathleen Cullen-Lutter, seconded by Erin Gendron. All in favor. VOTE: Jo-Ann Keegan - yes William Galvin - yes Erin Gendron - yes Kathleen Cullen-Lutter - yes 5. Haffner's 215 Dutton St. Lowell Mr. Pungirum reviewed the circumstance of the violation. Manager Joseph Ataya was present to represent the establishment and informed the Board that the employee has been disciplined and there is now a policy in place that everyone, no matter the age, must be carded. Motion: To suspend the establishment's tobacco license for three consecutive business days from the start of business on Wednesday March 15th through the close of business on Friday March 17th, 2023 made by Erin Gendron, seconded by Kathleen Cullen-Lutter. All in favor. VOTE: Jo-Ann Keegan - yes William Galvin - yes Erin Gendron - yes Kathleen Cullen-Lutter - yes  BOHM03012023 Page 4 6. Country Farms - 268 Branch St. Lowell Mr. Pungirum reviewed the circumstance of the sale to a minor with the Board. Mr. Dinesh Patel spoke on behalf of the establishment. When asked if training has occurred, Mr. Patel indicated that he wanted to do training. Motion: To suspend the establishment's tobacco license for three consecutive business days from the start of business on Wednesday March 15th through the close of business on Friday March 17th, 2023 made by William Galvin, seconded by Kathleen Cullen-Lutter. All in favor. VOTE: Jo-Ann Keegan - yes William Galvin - yes Erin Gendron - yes Kathleen Cullen-Lutter - yes 7. Lemon Tree Food Shops - 220 Appleton St. Lowell Mr. Pungirum reviewed the circumstance of the purchase with the Board. Mr. Michael Garas was present and spoke on behalf of the establishment. Motion: To suspend the establishment's tobacco license for three consecutive business days from the start of business on Wednesday March 15th through the close of business on Friday March 17th, 2023 made by William Galvin, seconded by Erin Gendron. All in favor. VOTE: Jo-Ann Keegan - yes William Galvin - yes Erin Gendron - yes Kathleen Cullen-Lutter - yes 8. The Liquor Shop 1201 Bridge St Mr. Pungirum reviewed the circumstances of the purchase with the Board and informed them that there had been other minor violations in the past but this was the first time for a sale to a minor. Owner Mr. George Miamis and Attorney Gregory Curtis were present to represent the establishment. Atty. Curtis addressed the Board and informed them that Mr. Miamis has spoken to the employee about the need to card everyone. Atty. Curtis informed the Board the Mr. Miamis has paid the fine but didn't understand that there would also be a suspension. Atty. Curtis indicated to the Board that the violation letter needed to be reviewed as it has that there is a fine and a possible suspension. Atty. Curtis felt that this should be made clear that there is a suspension not a possible one and language similar to the section for the second violation should be used and clearer language regarding the CMR should be clearer. Mr. Pungirum indicated that he could make that correction as the letter being used is the model letter from the State. Motion: To suspend the establishment's tobacco license for three consecutive business days from the start of business on Wednesday March 15th through the close of business on Friday March 17th, 2023 made by William Galvin, seconded by Erin Gendron. All in favor. VOTE: Jo-Ann Keegan - yes William Galvin - yes Erin Gendron - yes Kathleen Cullen-Lutter - yes  BOHM03012023 Page 5 2. OLD BUSINESS 2.I. Informational: LRWU Duck Island Biobot Analytics Report - 11.21.22 The Board accepted and placed on file. Chairperson Keegan noted that the virus numbers are down significantly. 2.II. Informational: Indoor Air Quality Assessment during LHS Construction HHS Director Lisa Golden reviewed the report with the Board and noted that she believed this testing was done on a snow day so there were no students in the building. She has requested that the next test be done when school is in session. Chairperson Keegan requested an update on the classrooms that had high levels in the last report. 2.III. Informational: VinFen Behavioral Health Community Services HHS Director Golden informed the Board of the VinFen Behavioral Health Community Services that will be working in the community for crisis response. They will be having a mobile crisis response van for full year response and will be opening up a response center on Varnum Avenue. Families will be able to call for assistance with medications or the van can be called for people in crisis or requesting voluntary detox. VinFen will also have tele-med available. 3. DIRECTOR'S REPORT 3.I. Department and Divisional Reports and Updates Director Golden informed the Board of Member Alison Keegan and Member Erin Gendron's reappointments to the Board. COVID test kits continue to be available to the public. Director Golden reviewed the reports with the Board and informed the Board that the TB clinic is being held at Lowell General-Saints campus. The date of the Unwanted Medication Take Back Day will be March 18th at the Senior Center from 10AM to 2PM. 4. Motion: To Adjourn Motion: To adjourn made at 7:20 PM by William Galvin, seconded by Erin Gendron. All in favor. THE NEXT MEETING OF THE BOARD OF HEALTH WILL BE HELD ON APRIL 5, 2023 AT 6:00 PM IN THE MAYOR'S RECEPTION ROOM, CITY HALL.