Board of Health

Present: Jo-Ann Keegan, Chairperson William Galvin, Board Member Erin Gendron, Board Member Kathleen Cullen-Lutter, Board Member Alison Keegan, Board Member Cesar Pungirum, Tobacco Control Program Director Jimmy Le, Sr. Sanitary Code Inspector Chairwoman Jo-Ann Keegan called the April 5, 2023 meeting of the Board of Health to order at 6:03 PM. 4/5/2023 - Minutes 1. NEW BUSINESS 1.I. For Acceptance: Minutes of the March 1, 2023 meeting of the Board of Health Motion: to accept the minutes of the March 1, 2023 meeting of the Board of Health made by Erin Gendron, seconded by William Galvin. All in favor. 1.II. Nominations: Animal Inspectors 2023-2024 Motion: to take agenda item 1.III out of order made by Erin Gendron, seconded by William Galvin. All in favor. Upon return to agenda item 1.II the Board inquired about the protocols regarding the keeping of chickens within the City. Ms. Darleen Wood updated the Board regarding the regulation and enforcement protocol. Motion: to approve the 2023-2034 nomination of Ms. Darleen Wood as Animal Inspector made by William Galvin, seconded by Erin Gendron. All in favor. VOTE: Jo-Ann Keegan - yes Erin Gendron - yes William Galvin - yes Kathleen Cullen-Lutter - yes Alison Gendron - yes 1.III. Informational: LiveVac Rescue Device Donation Ms. Christine Florence and family were present to speak to the Board regarding donating LifeVac Rescue Devices to the City of Lowell to use as it deems necessary. Ms. Florence relayed to the Board how this device saved her husband's life, and the manufacturer allocated a number of the devices to them to donate to various entities. The Florence Family has already donated 75 units to the Lowell Public Schools and would like to donate 75 units to the City to use as they deem necessary. The Board directed HHS Director Lisa Golden to recommend the City Council accept this donation. Motion: to return to the agenda made by William Galvin, seconded by Alison Keegan. All in favor. 1.IV. Discussion: Dr. Peter Connolly - Medical Consultant Contract Motion: to approve the renewal of Dr. Peter Connolly's Consulting Physician contract for two years (July 1, 2023-June 30, 2025) made by Kathleen Cullen-Lutter, seconded by Erin Gendron. All in favor. VOTE: Jo-Ann Keegan - yes Erin Gendron - yes William Galvin - yes Kathleen Cullen-Lutter - yes Alison Gendron - yes  BOHM04052023 Page 2 1.V. For Review: Proposed Modified Body Art Regulations Asst. City Solicitor John McKenna was present to assist the Board with any questions. Julia Silva, I Love Beauty, Middle Street, Lowell, MA was present to speak in favor of the proposed changes to the regulations. Motion: to approve the proposed modifications to the City of Lowell Board of Health Body Art Regulations and to schedule a public hearing for the May 10, 2023 Board of Health meeting was made by William Galvin, seconded by Erin Gendron. All in favor. VOTE: Jo-Ann Keegan - yes Erin Gendron - yes William Galvin - yes Kathleen Cullen-Lutter - yes Alison Gendron - yes 1.VI. For Review: Tobacco Control Monthly Report submitted by Cesar Pungirum, Program Director Tobacco Control Director Cesar Pungirum reviewed the report with the Board. Mr. Pungirum informed the Board that the Law Department has reviewed the question of applying a fine as well as a suspension to violators. The Law Department indicated that the City is within its rights to continue with that practice. Mr. Pungirum added that the supervisors of the State Tobacco Control program have concurred. Mr. Pungirum also noted that he has revised the violation letter to better reflect this information. Chairwoman Jo-Ann requested a copy of the Law Department ruling for the next meeting. 1.VI.i. Tobacco Permit Suspension Hearings Mr. Pungirum informed the Board that these permit suspension hearings stem from the sales of tobacco to a minor during compliance checks conducted in January 2023. Highland Variety 146 Pine St $1,000 fine paid Mr. Jose Huertas and Mr. Francisco Huertas were present to represent the establishment. Mr. Francisco Huertas spoke to the Board. Mr. Pungirum reviewed the circumstances of the sale with the Board and recommended a three (3) day suspension to be held from opening of business on April 18, 2023 through the close of business on April 20, 2023. Motion: to suspend the tobacco sales permit for three (3) consecutive business days made by William Galvin, seconded by Erin Gendron. All in favor. VOTE: Jo-Ann Keegan - yes Erin Gendron - yes William Galvin - yes Kathleen Cullen-Lutter - yes Alison Keegan - yes Lowell Quick Mart 627 Chelmsford St $1,000 fine paid There were no speakers present on behalf of the establishment. Mr. Pungirum reviewed the circumstances of the sale with the Board and recommended a three (3) day suspension to be held from opening of business on April 18, 2023 through the close of business on April 20, 2023. Motion: to suspend the tobacco sales permit for three (3) consecutive business days made by Kathleen Cullen-Lutter, seconded by Alison Keegan. All in favor. VOTE: Jo-Ann Keegan - yes Erin Gendron - yes William Galvin - yes Kathleen Cullen-Lutter - yes Alison Keegan - yes  BOHM04052023 Page 3 Jerry's Food Store #2 207 University Ave $1,000 fine paid Mr. Jerry Patel was present to represent the Board and spoke regarding the circumstances of the sale. Mr. Pungirum reviewed the circumstances of the sale with the Board and recommended a three (3) day suspension to be held from opening of business on April 18, 2023 through the close of business on April 20, 2023. Motion: to suspend the tobacco sales permit for three (3) consecutive business days made by William Galvin, seconded by Erin Gendron. All in favor. VOTE: Jo-Ann Keegan - yes Erin Gendron - yes William Galvin - yes Kathleen Cullen-Lutter - yes Alison Keegan - yes Rt 38 Citgo 626 Rogers St $1,000 fine paid Mr. Mohammed Khmed was present to represent the establishment and addressed the Board. Mr. Pungirum reviewed the circumstances of the sale with the Board and recommended a three (3) day suspension to be held from opening of business on April 18, 2023 through the close of business on April 20, 2023. Motion: to suspend the tobacco sales permit for three (3) consecutive business days made by Kathleen Cullen-Lutter, seconded by Alison Keegan. All in favor. VOTE: Jo-Ann Keegan - yes Erin Gendron - yes William Galvin - yes Kathleen Cullen-Lutter - yes Alison Keegan - yes Joe's Kwik Marts 300 Merrimack Street $2,000 fine paid Atty. Adam Barnowski was present to represent the establishment and spoke to the Board. Atty Barnowski asked the Board to hold a portion of the suspension in abeyance for 36 months and if within that time another violation occurred these days be added onto that suspension. Chairwoman Keegan noted that the Board takes extenuating circumstances into consideration but tries to remain consistent with the time of the suspension. Mr. Pungirum reviewed the circumstances of the sale with the Board and recommended a seven (7) day suspension as this is the 2nd (second) offense within the past 36 months. This suspension would be from the opening of business on April 18, 2023 through the close of business on April 24, 2023. Motion: to suspend the tobacco sales permit for seven (7) consecutive business days made by Erin Gendron, seconded by William Galvin. All in favor. VOTE: Jo-Ann Keegan - yes Erin Gendron - yes William Galvin - yes Kathleen Cullen-Lutter - yes Alison Keegan - yes Prathna Convenience 408 Suffolk St $1,000 fine paid Mr. Peter Sam was present to represent the business and addressed the Board. Mr. Pungirum reviewed the circumstances of the sale with the Board and recommended a three (3) day suspension to be held from opening of business on April 18, 2023 through the close of business on April 20, 2023. Motion: to suspend the tobacco sales permit for three (3) consecutive business days made by William Galvin, seconded by Alison Keegan. All in favor.  BOHM04052023 Page 4 VOTE: Jo-Ann Keegan - yes Erin Gendron - yes William Galvin - yes Kathleen Cullen-Lutter - yes Alison Keegan - yes Lucky Corner Market 1300 Gorham St $2,000 fine paid Mr. Sayhed Tai was present to represent the establishment and address the Board. Mr. Pungirm revised the circumstances of the sale and noted this was the second offense within a 36 month period. Mr. Pungirum added that this establishment had previous violations prior to the law being changed but he did not include those in the violation history. Member Galvin requested that all violations be included for the Board's consideration as the length of the suspension can be changed. Mr. Pungirum recommended a seven (7) day suspension to be held from opening of business on April 18, 2023 through the close of business on April 24, 2023. Motion: to suspend the tobacco sales permit for three (3) consecutive business days made by William Galvin, seconded by Erin Gendron. All in favor. VOTE: Jo-Ann Keegan - yes Erin Gendron - yes William Galvin - yes Kathleen Cullen-Lutter - yes Alison Keegan - yes 7-Eleven 463 Chelmsford St. $2,000 fine unpaid pending appeal Appeal hearing of second offense Ms. Courgi was present to represent the establishment and address the Board. Ms. Courgi informed the Board of the difficulty of paying the fine because she is also penalized by the 7-Eleven Corporation as a franchisee. Mr. John Haddad also addressed the Board on behalf of Ms. Courgi. Member Galvin noted that the Board has rules to follow regarding these suspensions and that the other seven establishments all have the same problem. Member Galvin added that the Board hears what is being said but these violations concerning the sale of tobacco products to minors cannot be let go. Mr. Pungirum recommended a seven (7) day suspension to be held from opening of business on April 18, 2023 through the close of business on April 24, 2023. Motion: to separate the payment of the fine from the suspension to extend the amount of time to pay over the next 4 (four) months $500 each month was made by Erin Gendron, seconded by Kathleen Cullen-Lutter. All in favor. Motion: To suspend the tobacco sales permit for four months(4) consecutive business days made by Kathleen Cullen- Lutter, seconded by Alison Keegan. All in favor. VOTE: Jo-Ann Keegan - yes Erin Gendron - yes William Galvin - yes Kathleen Cullen-Lutter - yes Alison Keegan - yes 1.VII. For Approval: Funeral Director's Licensure 2023-2024 Motion: to approve the Funeral Director's Licenses 2023-2034 was made by Kathleen Cullen-Lutter, seconded by Erin Gendron. All in favor. BOHM04052023  Page 5 VOTE: Jo-Ann Keegan - yes Erin Gendron - yes William Galvin - yes Kathleen Cullen-Lutter - yes Alison Gendron - yes 1.VIII. For Review: Trinity EMS, Inc. Reports And Notifications Submitted By Jon Kelley The Board accepted and placed on file. 1.IX. 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. The Board requested that someone from the Lowell Public Schools and Banner Pest Control attend the May 10, 2023 Board of Health meeting in regards to Lowell High School and the Wang School. 1.X. Body Art Practitioner Renewal For 2023 Motion: to approve the 2023 Body Art Practitioner License for Allison Fitzgerald made by William Galvin, seconded by Erin Gendron. All in favor. VOTE: Jo-Ann Keegan - yes Erin Gendron - yes William Galvin - yes Kathleen Cullen-Lutter - yes Alison Gendron - yes 1.XI. November 2023 Board of Health Meeting The Board discussed the possible rescheduling of the November 1, 2023 Board of Health meeting due to the unavailability of the Mayor's Reception Room. The Board directed Board of Health Secretary Kerry Alexander to schedule an alternative meeting room for November 1, 2023. 2. OLD BUSINESS 2.I. Informational: LRWU Duck Island Biobot Analytics Report - 3.27.23 The Board accepted and placed on file. 2.II. Update: Air Quality Control At Lowell High School The Board accepted and placed on file. 3. DIRECTOR'S REPORT 3.I. Department and Divisional Reports and Updates HHS Director Lisa Golden reviewed the reports with the Board and noted that on April 4, 2023 the Health Department was given a proclaimation from the City Council in honor of Public Health week. Director Golden informed the Board of a change to the Public Health Nursing report do to a change in the MAVIN report. Additionally, the Public Health Nurses and Contact Tracing staff were awarded a scholarship to get their CIC certification. 4. Motion: To Adjourn Motion: to adjourn the April 5, 2023 meeting of the Board of Health at 8:05 PM made by William Galvin, seconded by Erin Gendron. All in favor. THE NEXT MEETING OF THE LOWELL BOARD OF HEALTH WILL BE HELD ON MAY 10, 2023 AT 6:00PM IN THE MAYOR'S RECEPTION ROOM, CITY HALL, 375 MERRIMACK ST 2ND FLOOR, LOWELL, MA 01852