Board of Health

Approved 11.1.23 PRESENT: BOH Meeting Jo-Ann Keegan, Chairperson Erin Gendron, Board Member Alison Keegan, Board Member Lisa Golden, Director of Health & Human Services Cesar Pungirum, Tobacco Control Program Director Jimmy Le, Sr. Sanitary Code Inspector Chairperson Jo-Ann Keegan called the meeting to order at 6:02PM. 10/4/2023 - Minutes 1. NEW BUSINESS 1.I. For Acceptance: Minutes of the September 6, 2023 meeting of the Lowell Board of Health Motion: To accept the minutes of the September 6, 2023 meeting of the Lowell Board of Health made by Alison Keegan, seconded by Erin Gendron. All in favor. 1.II. For Review: Monthly Development Services Reports Submitted by Sr. Sanitary Code Inspector Jimmy Le Mr. Jimmy Le, Sr. Sanitary Code Inspector, reviewed the reports with the Board. Mr. Le noted the number of schools on the failed inspection list adding that this seemed to happen at the start of every school year. Mr. Le informed the Board that not all the items are necessarily violations but items of concern. Chairwoman Keegan noted that the Board would like to assist Mr. Le with getting the issues repaired and asked that Mr. Le update the list and forward it to the Board as well as the DPW Commissioner, the Facilities Manager for Lowell Public Schools, Aramark, and Banner Pest Control with and invitation to attend the next Board meeting. Mr. Le also informed the Board that he has talked to HHS Director Golden regarding people preparing food at home and selling it from home or at pop-up events at places like Shedd Park. Mr. Le noted that cottage kitchens can only sell shelf stable food and must have a permit issued by Development Services. Food that is not shelf stable, such as hot dinners, cannot be sold. 1.II.i. For Review: A & R African Market & International Food Mr. Alhassan Mansaray was present to address the Board. Mr. Mansaray informed the Board that he had decided to stop selling food at the establishment and asked for three weeks to remove the food, equipment, and anything else related to the sale of food. Sr. Sanitary Code Inspector Le informed the Board that the kitchen would need to be decommissioned. Mr. Mansaray noted that the stove has been removed and the gas line has been shut off. Motion: To allow Mr. Mansaray two weeks to remove the food products/equipment and have Mr. Le conduct another inspection on October 18, 2023 made by Alison Keegan, seconded by Erin Gendron. All in favor. 1.III. For Review: Community Health Needs Assessment Information Regarding Tobacco Use The Board reviewed the assessment and asked Director Golden and Public Health staff to review efforts regarding youth smoking prevention efforts and to determine if efforts are still being made in the schools. Director Golden will check to find out if Healthy Schools is still conducting a program in the schools. 1.IV. For Review: Tobacco Control Monthly Report Submitted By Cesar Pungirum, Program Director Tobacco Control Program Director Cesar Pungirum reviewed the report with the Board. The Board had no questions and placed on file. Mr. Pungirum noted that as to the information contained in the Community Assessment Needs report that the new State and local regulations are helping to keep minors from starting to smoke by making it more difficult for them to obtain tobacco products and making the penalties for the establishments making such sales stricter.  BOHM10042023 Page 2 1.IV.i. Tobacco Permit Suspension Hearings Tobacco Control Program Director Cesar Pungirum noted for the people present that he is not a Board of Health Member but an Agent of the Board of Health. Mr. Pungirum informed the Board that the establishments before the Board of a hearing were five (5) of thirty-four (34) establishments inspected that day. Date of Violation Fine Payment Status Lowell Package Store 305 Westford St 05/16/2023 $1,000 Paid - first violation Establishment owner Piset Chea was present but did not address the Board. Mr. Pungirum reviewed the circumstances of the sale and recommended a three (3) day suspension of the Tobacco Product Sales permit from the start of business on October 23, 2023 through the close of business on October 25, 2023. Motion: To suspend the Tobacco Product Sales permit as recommended made by Alison Keegan, seconded by Erin Gendron. All in favor. VOTE: Jo-Ann Keegan - yes Erin Gendron - yes Alison Keegan - yes Neak Pich Video 301 Westford St 05/16/2023 $1,000 Paid - first violation A representative of the establishment was not present to address the Board. Mr. Pungirum reviewed the circumstances of the sale and recommended a three (3) day suspension of the Tobacco Product Sales permit from the start of business on October 23, 2023 through the close of business on October 25, 2023. Motion: To suspend the Tobacco Product Sales permit as recommended made by Erin Gendron, seconded by Alison Keegan. All in favor. VOTE: Jo-Ann Keegan - yes Erin Gendron - yes Alison Keegan - yes L & S Liquors 269 Branch St 05/16/2023 $2,000 Paid - second violation A representative of the establishment was not present to address the Board. Mr. Pungirum reviewed the circumstances of the sale and recommended a seven (7) day suspension of the Tobacco Product Sales permit from the start of business on October 23, 2023 through the close of business on October 29, 2023. Motion: To suspend the Tobacco Product Sales permit as recommended made by Erin Gendron, seconded by Alison Keegan. All in favor. VOTE: Jo-Ann Keegan - yes Erin Gendron - yes Alison Keegan - yes Country Farms 268 Branch St 05/16/2023 $2,000 Paid - second violation A representative of the establishment was not present to address the Board. Mr. Pungirum reviewed the circumstances of the sale and recommended a seven (7) day suspension of the Tobacco Product Sales permit from the start of business on October 23, 2023 through the close of business on October 29, 2023.  BOHM10042023 Page 3 Motion: To suspend the Tobacco Product Sales permit as recommended made by Alison Keegan, seconded by Erin Gendron. All in favor. VOTE: Jo-Ann Keegan - yes Erin Gendron - yes Alison Keegan - yes Harry’s Food Mart/Mobil 1401 Gorham St 05/16/2023 $2,000 Paid - second violation Mr. Nelson Ferreira, Store Manager, was present to represent the establishment. Mr. Ferreira addressed the Board apologizing for the sale and to ask that only a three (3) day suspension be imposed as the sale of gas and tobacco are the main sources of income for the establishment. Mr. Pungirum reviewed the circumstances of the sale and recommended a seven (7) day suspension of the Tobacco Product Sales permit from the start of business on October 23, 2023 through the close of business on October 29, 2023. Motion: To suspend the Tobacco Product Sales permit as recommended made by Erin Gendron, seconded by Alison Keegan. All in favor. VOTE: Jo-Ann Keegan - yes Erin Gendron - yes Alison Keegan - yes 2. OLD BUSINESS 2.I. For Review: Cashins & Associates Air Quality Report The Board reviewed the submitted report. Chairperson Keegan asked if an inquiry for an improvement could be made in the room with the higher dust level. 2.II. For Discussion: Exemptions For Childhood Vaccinations The Board reviewed the provided information. Discussion on the proposed legislation occurred. Discussion included the requirement for medical exemptions needed physician certification and if the removal of removal of a religious exemption was necessary or if a strengthening of the pertaining language would be more appropriate. HHS Director Golden informed the Board that there were no kindergarten registrations this school year where a religious exemption was requested. 2.III. Reminder: Location For November 1, 2023 Meeting of The Lowell Board of Health The Board received a reminder that, due to early election efforts, the November 1, 2023 meeting of the Board of Health would be held in the Hammar Conference Room in the DPD offices 50 Arcand Dr 2nd floor. This meeting will not be televised. 3. DIRECTOR'S REPORT 3.I. Departmental and Divisional Reports and Updates The Board had no questions regarding the reports. Director Golden updated the Board regarding the Department's filling of open positions. Director Golden informed the Board that flu vaccinations will be available starting Oct 24th at the Department's weekly vaccination clinic on Tuesdays. The Department will be attempting to purchase COVID Vaccine as it becomes available.  BOHM10042023 Page 4 4. MOTION: To Adjourn 4.I. Motion: To Adjourn the October 4, 2023 Meeting of the Lowell Board of Health Motion: to adjourn at 7:00PM made by Erin Gendron, seconded by Alison Keegan. All in favor. THE NEXT MEETING OF THE LOWELL BOARD OF HEALTH WILL BE HELD AT 6:00 PM ON WEDNESDAY NOVEMBER 1, 2023 AT THE HAMMAR CONFERENCE ROOM, DPD - 50 ARCAND DRIVE 2ND FLOOR