Board of Health

Approved 10.4.23 PRESENT: Jo-Ann Keegan, Chairperson Kathleen Cullen-Lutter, Board Member (via phone) Erin Gendron, Board Member Alison Keegan, Board Member Cesar Pungirum, Tobacco Control Director Jimmy Le, Sr. Sanitary Code Inspector Rick Underwood, Facilities Manager, Lowell Public Schools Chairperson Jo-Ann Keegan called the meeting to order at 6:00 PM. 9/1/2023 – Minutes 1. NEW BUSINESS 1.I. For Acceptance: Minutes of the April 5, 2023 Meeting of the Board of Health Motion: To accept the minutes of the April 5, 2023 meeting of the Board of Health made by William Galvin, seconded by Erin Gendron. All in favor. 1.II. For Acceptance: Minutes of the August 2, 2023 Meeting of the Board of Health Motion: To accept the minutes of the August 2, 2023 meeting of the Board of Health made by Alison Keegan, seconded by William Galvin. All in favor. 1.III. For Review: Monthly Development Services Report submitted by Senior Sanitary Code Inspector Jimmy Le Mr. Jimmy Le, Sr. Sanitary Code Inspector, reviewed the reports with the Board and answered any questions. Inspector Le updated the Board regarding the A&R African Market continued noncompliance to the Board’s directive of only selling prepackaged foods. Inspector Le, Building Commissioner David Fuller, and HHS Director Lisa Golden will visit the location for follow-up. The Board directed HHS Director Golden and Sr. Sanitary Code Inspector Le to follow up on the failed inspection at I Love Beauty Inc. 1.III.i. Informational: Update on the Pawtucket Memorial School Mr. Rick Underwood, Facilities Manager for the Lowell Public Schools was present to update the Board regarding the Pawtucketville Memorial School and the mitigation efforts. Air quality testing will be done until the cause for the mold is determined. Chairperson Jo-Ann Keegan requested the Board also be notified when there are health issues involving a school. Mr. Underwood agreed to do so. 1.IV. For Review: Pridestar EMS, Inc. Reports and Notifications submitted by Jon Kelley The Board reviewed and placed on file. 1.V. For Discussion: PrideStar EMS Ambulance Contract Mr. David Daly was present to speak to the Board regarding changes to the Ambulance Contract. The Board raised questions regarding training and PrideStar notifying the Board of complaints. Motion: To approve changes pending receipt of the final copy of the revised contract made by William Galvin, seconded by Kathleen Cullen-Lutter. All in favor. VOTE: Jo-Ann Keegan – yes William Galvin – yes Erin Gendron – yes Alison Keegan – yes Kathleen Cullen-Lutter – yes  BOHM09062023 Page 2 VI. For Review: Tobacco Control Monthly Report submitted by Cesar Pungirum, Program Director Mr. Pungirum reviewed the report with the Board. The Board had no questions. 1.VI.i. Tobacco Permit Suspension Hearings Mr. Pungirum addressed the Board regarding the compliance checks conducted with the assistance of a 16-year-old female and 18-year-old male. High Street Gas and Conv. 274 High St. Mr. Ankit Patel, Owner, was present to represent the establishment. Mr. Pungirum reviewed the circumstance of the sale with the Board. Mr. Patel addressed the Board. Mr. Pungirum recommended the Board apply a three-day suspension from the opening of business on Monday September 25, 2023 through the close of business on September 27, 2023. Motion: To suspend the Tobacco permit for three days as recommended by Mr. Pungirum made by Erin Gendron, seconded by Alison Keegan. All in favor. VOTE: Jo-Ann Keegan – yes William Galvin – yes Erin Gendron – yes Alison Keegan – yes Kathleen Cullen-Lutter - yes Turcotte Liquors 412 Lawrence St Ms. Linda Freitas, Office Administrator, was present to represent the establishment. Mr. Pungirum reviewed the circumstance of the sale with the Board. Ms. Freitas addressed the Board. Mr. Pungirum recommended the Board apply a three-day suspension from the opening of business on Monday September 25, 2023 through the close of business on September 27, 2023. Motion: To suspend the Tobacco permit for three days as recommended by Mr. Pungirum made by William Galvin, seconded by Alison Keegan. All in favor. VOTE: Jo-Ann Keegan – yes William Galvin – yes Erin Gendron – yes Alison Keegan – yes Kathleen Cullen-Lutter - yes Towers News Stand 101 Gorham St Mr. Paul Dunnigan, Jr., Owner, was present to represent the establishment. Mr. Pungirum reviewed the circumstance of the sale with the Board. Mr. Dunnigan addressed the Board. Mr. Pungirum recommended the Board apply a three-day suspension from the opening of business on Monday September 25, 2023 through the close of business on September 27, 2023. Motion: To suspend the Tobacco permit for three days as recommended by Mr. Pungirum made by William Galvin, seconded by Erin Gendron. All in favor. VOTE: Jo-Ann Keegan – yes William Galvin – yes Erin Gendron – yes Alison Keegan – yes Kathleen Cullen-Lutter - yes  BOHM09062023 Page 3 Quick Mart/VP 1401 Gorham St Mr. Anil Patel, Manager, was present to represent the establishment. Mr. Pungirum reviewed the circumstance of the sale with the Board. Mr. Patel addressed the Board. Mr. Pungirum recommended the Board apply a three-day suspension from the opening of business on Monday September 25, 2023 through the close of business on September 27, 2023. Motion: To suspend the Tobacco permit for three days as recommended by Mr. Pungirum made by William Galvin, seconded by Alison Keegan. All in favor. VOTE: Jo-Ann Keegan – yes William Galvin – yes Erin Gendron – yes Alison Keegan – yes Kathleen Cullen-Lutter - yes Ornelas Liquors 1088 Gorham St No representative of the establishment was present to address the Board. Mr. Pungirum reviewed the circumstance of the sale with the Board. Mr. Patel addressed the Board. Mr. Pungirum recommended the Board apply a three-day suspension from the opening of business on Monday September 25, 2023 through the close of business on September 27, 2023. Motion: To suspend the Tobacco permit for three days as recommended by Mr. Pungirum made by Erin Gendron, seconded by Alison Keegan. All in favor. VOTE: Jo-Ann Keegan – yes William Galvin – yes Erin Gendron – yes Alison Keegan – yes Kathleen Cullen-Lutter - yes Quick Mart/BP 299 Chelmsford St Mr. Hiten Patel, Manager, was present to represent the establishment. Mr. Pungirum reviewed the circumstance of the sale with the Board. Mr. Patel addressed the Board and noted that the establishment had previous FDA inspections with violations occurring; however, under the Board of Health Regulations this would be considered the establishment’s first violation due to the extent of time the FDA violations take to post to their website. Mr. Pungirum recommended the Board apply a three-day suspension from the opening of business on Monday September 25, 2023 through the close of business on September 27, 2023. Motion: To suspend the Tobacco permit for three days as recommended by Mr. Pungirum made by Erin Gendron, seconded by William Galvin. All in favor. VOTE: Jo-Ann Keegan – yes William Galvin – yes Erin Gendron – yes Alison Keegan – yes Kathleen Cullen-Lutter - absent Mr. Pungirum informed the Board that 5 establishments would have hearings scheduled for the October 4th meeting. Member Galvin requested that previous offenses be included in the summary of facts. 1.VII. For Review and Discussion: Reactivation of Quincy Skin Course for Tattooing. Motion: to accept placing the Quincy Skin Course back on the Board of Health list of approved Skin Courses for Tattooists made by William Galvin, seconded by Alison Keegan. All in favor.  BOHM09062023 Page 4 1.VIII. Request to address the Board relative to Body Art Regulations Ms. Julia Moura and Ms. Leticia Clauna addressed the Board regarding changing the newly passed Board of Health Body Art Regulations relative to Microblading to allow for an Apprenticeships. Ms. Moura again asked the Board to allow Licensed Microbladers to perform nipple reconstruction. Chairwoman Keegan noted that the Board had been asked by these petitioners during the addition of Microblading to the Regulations to allow for nipple reconstruction and they were told at that time that needed to be performed under a physician. The Board directed the petitioners to obtain evidence that other communities allow Microbladers to perform nipple reconstruction. 1.IX. Informational: Update on West Nile Virus HHS Director Golden updated the Board regarding the discovery of the West Nile Virus in mosquitoes in Lowell. Mosquito spraying by the Central Massachusetts Mosquito Control Program was scheduled and completed. The Board had no questions. 1.X. For Discussion: Exemptions for Childhood Vaccinations Chairwoman Keegan updated the Board regarding a bill filed by State Senator Edward Kennedy to tighten up the current state law on vaccinations required for entry into school. The new bill would remove the religious exemption. HHS Director Golden noted that last school year, 3% of Lowell students requested a religious exemption and this year the number was 0%. The Board will continue this discussion at the next meeting and requests a copy of the current and proposed legislation and a list of required vaccinations to determine if a letter of support is appropriate. 2. OLD BUSINESS 2.I. For Review: Cashins & Associates Air Quality Report The Board reviewed the Cashins Air Quality report dated July 28, 2023 and placed on file. 2.II. Update: Location for November 1, 2023 Meeting of the Lowell Board of Health The Board was informed that the location for the November 1, 2023 meeting of the Board of Health has been moved to the DPD Hammar Conference Room, JFK Civic Center, 50 Arcand Drive 2nd floor. 3. DIRECTOR'S REPORT 3.I. Department and Divisional Reports and Updates HHS Director Golden updated the Board regarding the slow increase in COVID being found in the wastewater and the number of positive cases at the hospital. Chairwoman Keegan noted that the COVID vaccine will hopefully be available again at the Health Department clinic in October. Director Golden also updated the Board regarding the recent Opioid Awareness Day at which the MA Attorney General noted the drop in fatal overdoses in Lowell. Narcan is also now available over the counter. The Department has had its biggest month for syringe pickups and there will be a second person hired to assist Syringe Pickup Coordinator Andres Gonzalez. 4. Motion: To Adjourn Motion: To adjourn the meeting of the Board of Health at 7:35 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 OCTOBER 4, 2023 AT 6:00 PM IN THE MAYOR'S RECEPTION ROOM, CITY HALL.