HomeMy WebLinkAboutBOH 07/11/2024Town of Mansfield
Board of Health
July 11, 2024 Minutpis,,fv,_
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Mission Statement: The mission of the Mansfield Board of Health is to,protect, prds�rve and
improve the public health, environment, and wellbeing of our citizens through the enforcement of
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federal, state, and local statutes and regulations, education and promotion of sanitary living and
working conditions, and protection of the environment from disease and pollution.
Present: Kasia Frenette, Acting Chair, Ryan Maxwell, Graham Wilson, Amy Donovan -Palmer.
Absent: Antonia Blinn, Chair, Melissa Almeida.
Guests: Daniel Marshall, Longhorn Steakhouse, Luke Lopez, Bertucci's, Sean Campbell,
Bertucci's, Joshua Richardson, Tattoo Jar, Samantha Allen, Tattoo Jar, Adrian LeCesne,
Attorney for the Tattoo Jar, Amanda Langer, Fransua Espada, David Silva, Tracey Imbaro,
Michelle McDavitt.
The meeting was called to order at TOOpm on July 11, 2024 by Kasia Frenette.
There was no correspondence at this time.
Motion to approve the consent agenda made by Ryan Maxwell, seconded by Graham
Wilson. Passed unanimously, 3-0.
Motion to approve the June 13, 2024 meeting minutes by Ryan Maxwell, seconded by
Graham Wilson. Passed unanimously 3-0.
Mr. Campbell, District Manager, and Luke Lopez General Manager took the podium. The past
inspections have resulted in hot/cold holding temperature violations. When Health Inspector, Mr.
Duquette went back to do a re -inspection they are still having the same issues. Since then,
Regional Inspector, Mr. Gilpin has been stopping in to check on the temperatures and the last
report showed that they are doing ice baths and temperature logs to make sure everything is
handled properly. Ms. Frenette mentioned she had a note that some of Bertucci's appliances
were not working properly and Mr. Campbell explained that the appliance is still not working, and
they are waiting on parts and for the appliance to be fixed, and it remains a priority. Ms.
Donovan -Palmer explained that the main importance is keeping the temperature logs because
things can get hot fast, and thanked them for taking the time to keep up with maintaining the logs.
Ms. Donovan -Palmer stated she is noticing that when things break, Bertucci's is not realizing until
it is too late. Both Mr. Campbell and Mr. Lopez responded by keeping the temperature control
logs. Ms. Donovan -Palmer stated that if this happens again, she would suggest to the Board to
require an outside consultant to come in to make sure that when Mr. Lopez is out, that things are
getting done.
Mr. Lopez explained that he has been retraining his supervisors on basic food safety over the
past 2 weeks, and there will be a new manager coming on board which should be a big help to
the restaurant. Ms. Frenette commented that she agrees with Ms. Donovan -Palmer, that she
would suggest an outside consultant to come in and help the restaurant.
Mr. Marshall took to the podium to discuss repeat food violations. Health Inspector, Mr. Duquette
previously went in to do an inspection in April, because there was thought to be a food born
illness issue, but found nothing to support the claim. There was another issue when Mr.
Duquette was there, and it was focused on the pickles and tomatoes in the cold holding unit were
found between 50 and 52 degrees.
When Mr. Duquette went back in June for a reinspection to check on that violation it had not
been corrected. Mr. Marshall spoke to that specific violation explaining that they have critical
control points in place requiring checks made every morning of all units. On that day the check
was not made. After Mr. Duquette came out in April Longhorn had their vendor come out to
service the unit, they discovered a leak and said they fixed it. The day Mr. Duquette came back
in June, the breaker broke. Since then, the unit has been refurbished and is working properly.
The four Managers on duty need to make sure they are checking on it daily, and doing their job.
Longhorn Steakhouse is moving to a higher risk category, and will now be inspected 4 times a
year.
Ms. Donovan Palmer explained to the Board that on June 27th Ms. Longer had a very upsetting
experience with Body Art Practitioner, Mr. Joshua Richardson. She explained to Ms. Donovan -
Palmer that his behavior was erratic, he kept disappearing, and nodding off during the tattoo.
Ms. Langer also explained that her neighbor Ms. Espada had a tattoo completed by the Tattoo
Jar in March, which became severely infected, and is still dealing with the complications.
Ms. Frenette asked Ms. Langer to approach the podium. Ms. Langer explained that she had two
sessions with Mr. Richardson, the first session went ok, but she explained was very odd. The
second appointment was two weeks later to finish the tattoo. Ms. Langer was asked by Mr.
Richardson to arrive to the shop at 2:30pm, and the tattoo didn't begin until 6:30pm. Ms. Langer
explained that Mr. Richardson looked off. She asked him about it, and Mr. Richardson kept
saying he was great. Ms. Langer feels very confident that he was under the influence of
something, but she wasn't quite sure what it was. She showed the Board her tattoo that was left
unfinished on her arm, pointing out the marks from where he kept nodding off mid tattoo. Ms.
Langer explained that he was not in the right frame of mind to be tattooing, and he got up to use
the bathroom at one point, and was gone for about an hour. When he returned he was sweating,
bug eyed, and continuing to ask Samantha where the cops were. After Mr. Richardson had
disappeared around 11:30pm, Ms. Allen was out looking everywhere for him, while Ms. Langer
was left alone in the shop with her tattoo uncovered and bleeding. Later they found out that Mr.
Richardson had left and walked home to his residence in Stoughton. Ms. Langer explained to
the Board that she is traumatized an extremely upset by this entire experience. Mr. Maxwell
asked Ms. Langer if she had any other tattoos and what the time frame is in getting one, she
replied that not one tattoo she has done in the past was ever as horrible as what she went
through at the Tattoo Jar. Ms. Donovan -Palmer stated that Ms. Langer did go and file a police
report.
The Board asked to hear from Ms. Espada. She went to the Tattoo Jar in March to cover up a
previous tattoo that she had on her chest. The skin where she got the tattoo is leaking milk,
burns, and she can't bend down or reach up to lift of grab anything from the pain. She did call
the next day and explained to Mr. Richardson that she was starting to get a fever, and he said
everything would be fine, and there was nothing to worry about. That night Ms. Espada's
children called the ambulance and she was rushed to the emergency room with a fever of 103
degrees. Ms. Frennette asked if she usually gets after care instructions for her other tattoos, and
she explained that the first one Ms. Allen did at the shop was covered, and she received after-
care instructions prior to leaving. The one Mr. Richardson had done on her, he never covered
until 2 days later, and by then the infection had already set in. Mr. Richardson did show her the
items that she needed to buy, but did not give her any written after -care instructions. Ms. Espada
explained that she has had three rounds of antibiotics, had a biopsy, and now will need to correct
this with injections and/or laser. Ms. Donovan -Palmer asked Ms. Espada if she had any follow
up after she was in the hospital, and she stated that she had seen her Primary Care doctor
multiple times. Mr. Richardson did call her to follow up and she explained to him that is was still
very bad.
Ms. Donovan -Palmer read to the Board the Tattoo Jars Infection Prevention Control Plan and in
there it states that in the event the protected tattoo film isn't used the procedure site is covered
with dry lock pads. Ms. Espada was given the pads to put on the tattoo before she left, but they
were not covered and protected like her first tattoo with Ms. Allen.
Ms. Frenette asked if Mr. Richardson or a representative for him would like to come forward.
Adrian LeCesne, Joshua's Attorney took the podium. Mr. LeCesne addressed that he is here
today to lift the suspension of the permit and further to engage in the process of rebutting some
of the claims that were made against Joshua and the Tattoo Jar. Mr. LeCesne explained that he
has not received any documents pertaining to the claim, nor did he get a copy of the police
report. Mrs. Donovan- Palmer explained that she had put everything into the FOIA request, that
she processed it through the Town Clerks office.
Mr. LeCesne stated that his clients oppose the accusations made by both witnesses and
mentioned that they differ remarkably from their recollection of the facts, and have documents
with before and after care instructions, as well as people from town who can testify to the
adequacy of the care they received before and after their tattoo. Mr. LeCesne asked Ms.
Donovan -Palmer if she received a phone call from Ms. Langer on the 27'h of June, which she
agreed was accurate. Mr. LeCesne stated that an investigation needs to take place within 5 days
ordinarily, and the suspension was conducted immediately without haven spoken to the owners
of the Tattoo Jar, so they had no opportunity to contest what are the disputed facts. Mr.
Richardson and Ms. Allen believe the facts were falsely presented to the Board of Health, and a
suspension of their establishment prior to the meeting was improper. Mr. LeCesne stated that
Mr. Richardson objects to the allegations that he was under the influence of a substance. He
does take a medication for his prostate that would require him to use the restroom but the nature
of the medication has no effect on his ability to perform his ordinary work. Mr. LeCesne asked
that Board to consider raising the suspension since the investigation is insufficient. The burden
on the shop is extremely large, and an insufficient investigation as to whether these claims are
true prior to the issuing of this suspension was never made.
Mr. LeCesne asked if Mr. Richardson could come up to the podium and answer any questions
from the Board. Ms. Frenette asked Mr. Richardson to approach the podium. Mrs. Frenette
asked if he could address what happened during his tattooing of Ms. Langer. He explained that
the shop was supposed to close at 8:00pm and it was now 10:30pm and Ms. Langer refused to
get off the chair. At 11:00pm he said he was done and could no longer work on her tattoo, he
went outside to smoke a cigarette and took a walk around the block. When he came back, he
stated there was a note on the door and everyone was gone. Ms. Frenette asked if it was
common for him to come and go during a tattoo session and he responded that Ms. Langer was
refusing to leave the shop and was holding him hostage. Mr. LeCesne stated that the nature of
the hearing is to whether or not the suspension should move forward and whether or not after
care was provided to the two witnesses that have come forward. It is only fair to let Mr.
Richardson testify about the particular care he provided to Ms. Langer and Ms. Espada.
Mr. Richardson explained that he takes the after -care policies very serious and has been doing
this for 30 years. He showed the Board all his cleaning materials, and explained that he wrote
down, showed pictures, and verbally told Ms. Espada all the after -care instructions. Mr.
Richardson mentioned that he has never had issues before in this line of work. Ms. Donovan -
Palmer stated that is false, and reminded the Board of the violation with Mr. Richardson that
involved a knife, which both the Shop and Mr. Richardson were fined for.
Ms. Frenette stated that according to the police report Joshua had left the shop at 11:30pm and
Ms. Allen was looking for him. She then made a call to the police to report Mr. Richardson was
missing. He informed Ms. Langer around 9:30pm that he would like to end the session, and had
to keep informing her about 6 times after that. While Mr. Richardson was gone Ms. Allen applied
recovery film, cleaned it and sent Ms. Langer on her way. Mr. LeCesne showed the Board that
on the clients consent form there is no where that states that Mr. Richardson needs to perform
the work exclusively.
Mr. LeCesne explained to the Board that they are concerned with what the nature of the
investigation was. Mr. LeCesne states it is important for other clients who have been to the
facility, who have received instructions, tattoos, and after care be allowed to testify briefly about
the adequacy and consistency about the services they have received to counterbalance these
false claims. Mr. LeCesne's clients deny any drug use, and unsanitary conditions, and without
evidence that supports it, they will be forced to go out of business. Mr. LeCesne commented that
each complainant has separately asked them for a settlement as essential a payout to get them
to withdraw their complaints. These two complainants are close neighbors and were referred by
one another. Both sent text messages within 8 minutes of one another asking for resolution of
the matter, and would not presume their testimony if they were offered a payment. It does seem
like this is an underlying motive.
Mr. Maxwell asked Ms. Donovan -Palmer how long some of the other Body Art Establishments
have been around since we haven't had any issues with any other shops in the town, and her
response was the Tattoo Jar has been here a year, and there have already been 3 complaints.
Mr. Richardson does object to the characterization of the infection, and if the after -care
instructions, were carried out and obeyed. You can have perfect instructions, but if a party
doesn't follow them they can be subjected to an infection. There is no particular evidence that
support the allegations.
Ms. Donovan -Palmer called the Tattoo Jar on July 27" and issued the suspension the same day.
Mr. LeCesne explained that the shop was not presented any opportunity to rebut any allegations
before the suspension was granted. Mr. LeCesne asks that the Board of Health lift the
suspension.
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Ms. Donovan -Palmer stated that in article 8 an owner of an establishment is supposed to send
her an incident report within 5 business days of being notified of an injury or an infection
complication. Ms. Donovan -Palmer explained that she suspended the shop immediately,
because she felt there was an immediate and serious threat to public health for the practitioner to
continue.
Mr. Maxwell asked if there is video surveillance as previously stated that Joshua would be able to
provide the Board, since both Ms. Langer and Mr. Richardson's stories are drastically different.
Mr. Richardson explained that Google Nest only stores the videos for up to 10 days, so there is
no surveillance to send the Board.
The Board has decided to move forward and discuss the license suspension with no further
comments. Mr. Frenette addresses her concerns including there was no injury report sent to the
Health Department, and actions that risk the safety of the public. Ms. Donovan -Palmer stated
that Mr. Richardson erratic behavior, and the fact that the police were called at 2:30am to report
him missing, and three complaints within a year is the biggest part of her concerns.
Ms. Donovan -Palmer explained that the suspension letter explained why she was doing an
immediate suspension, and in her correspondence with the attorney, she did say it will hold until
the meeting unless they can provide evidence otherwise.
Mr. Maxwell would like to hear what Mr. LeCesne has to say before they decide. Mr. LeCesne
approaches the podium and explains that although surveillance isn't available, there are pictures
of before and after the procedure that indicate what the condition of the sites were. The
photographs of the tattoo before and after were presented to the Board by Ms. Allen.
Mr. LeCesne asked if there are specific dates that the pictures were taken since it was on a Mobil
phone and should have a time stamp associated with the picture. He also stated that the
scarring of Ms. Espadas nature results, when you go and have tattoo removal done by a third
party. Ms. Donovan -Palmer asked Fransua to approach the podium to respond to Mr. LeCesne's
comment. She stated that she has never had any laser removal done, and that Joshua told Ms.
Espada to go to urgent care to get an antibiotic, so there was an infection present, the Tattoo Jar
knew about it and didn't proactively notify the Health Department.
Ms. Donovan -Palmer asked Ms. Espada what time she was in the shop until on the day she had
her tattoo done, and she replied around 12:00pm to 6:00pm.
Ms. Langer was asked to take the podium and was asked by Ms. Donovan -Palmer if there were
32 colors, and she responded that there were a lot of colors, but not 32. Ms. Donovan -Palmer
also stated that Mr. Richardson asked to close the shop early on the second session, but never
had a problem staying open to finish the first session, as to which Ms. Langer agreed.
The Board started to discuss how they will handle the permit suspension.
Ms. Kasia Frenette made a motion to revoke Joshua Richardson's Body Art Practitioner
permit as allowed by article 18, section 1A any actions which would indicate the health or
safety of the public would be at risk and section 1 H other just and sufficient cause related
to the practice of Body Art which the Board would determine would render the
establishment practitioner or applicant unfit to practice body art, which results in the
permit being revoked on July 11, 2024. Seconded by Graham Wilson. Passed
unanimously 3-0
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Ms. Frenette called a representative or Ms. Allen to the podium. Mr. LeCesne came forward and
began by addressing whether the establishment itself can continue operation. The shop as a
whole has precise after care instructions, and would like the opportunity for Ms. Allen to give her
testimony, and would specifically like to address a certain term in the police report that the Board
to have found dispositive relating to when he returned home and her state of mind when she
called the police department. The witnesses here tonight, would also like a chance to speak
about the consistency and good quality of care and instructions they received, and be allowed to
make remarks to the Board.
Ms. Allen the owner of the Tattoo Jar approached the podium. Ms. Allen explained that that night
she had her headphones in organizing, cleaning up and wasn't tattooing that night. Ms. Allen did
not hear that Mr. Richardson was leaving, and explained that since last summer they do not stay
open late.
Ms. Frenette asked if Ms. Allen noticed any unusual behavior from Mr. Richardson, to which she
replied not at all. Ms. Allen denies that he was in the bathroom for an hour, or that he was
nodding off during the session. Ms. Frenette asked Ms. Allen what happened after he
disappeared at 11:30pm with the client. Ms. Allen pointed out again that she didn't hear him
leave because she had her headphones in. She went outside and looked for him but wasn't able
to find him. She came back into the shop to clean and wrap up Ms. Langer's tattoo, so she could
leave. Ms. Allen left the shop quickly, so she left a note on the door for Mr. Richardson. Ms.
Allen called the police because Mr. Richardson didn't have his phone and he suffers from PTSD.
There were questions about the timeline. Ms. Langer came to let Ms. Allen know that Mr.
Richardson hadn't returned 10 minutes later. Both Ms. Allen and Ms. Langer looked for him and
then Ms. Langer ended up leaving the shop around 11:45pm and Ms. Allen left around 12:00am.
The police report stated that Mr. Richardson was missing from 11:30pm to 3:45am.
Ms. Donovan -Palmer and Ms. Frenette stated that they are here to make sure that the health of
the public isn't at risk, and the last thing they want to do is shut anyone down.
Mr. LeCesne asked that in an effort to represent the business are other members of the public
allowed to testify. Since the Board didn't allow anyone to speak in Mr. Richardson's hearing,
they are not allowing anyone to speak or testify in this one.
Amy Donovan -Palmer stated that Ms. Allen was present at the time of the tattooing and didn't
address any of the unsafe behavior by Mr. Richardson that Ms. Langer experienced. Ms.
Frenette commented that Ms. Allen stated in her previous testimony she was not aware of the
unsafe behavior.
Ms. Allen cleaned Ms. Langer's tattoo, put recovery after care, explained the whole process of
her recovery, and sent her on her way.
Ms. Donovan Palmer asked Ms. Allen if she was ever informed that Ms. Espada was taking
antibiotics or that Mr. Richardson informed Ms. Espada to go to urgent care, which Ms. Allen
responded, no. She stated that infections are rare. Ms. Donovan -Palmer stated that an injury
report needs to be filed 5 days after they are made aware of it, and Ms. Allen confirmed she
wasn't under the impression it was an infection, she thought it was slow to hear because of how
bad her scaring was.
Mr. LeCesne concluded by stating that Mr. Richardson was responsible for leaving and not
coming back to the shop, the clean up was accomplished by the shop, so the shop did not do
anything inappropriate, and as soon as Ms. Allen was made aware he was not present, she took
all necessary measures to put the client in a position to leave.
The Board decided that they have enough information to move forward and would discuss. Mr.
Maxwell asked Mr. Donovan -Palmer if she has ever received an injury report, she said no, but if
she did a full investigation would take place.
All three complaints have been specifically for Mr. Joshua Richardson. Mr. Maxwell commented
that as an owner you might want to have a better handle on what is happening when your
present in the shop.
Mr. Maxwell made a motion to end the Tattoo Jar suspension. Seconded by Graham
Wilson. Passed 2-1
Ms. Donovan-' Palmer stated that all the modified fees have been sent to the establishments.
Some of feedback and comments were that all the fees are reasonable, and one establishments
response was that all the fees are unreasonable. One Fog Pumping Company made a comment
that they didn't understand why Trash Hauler is only going up $25.00 when Fog Hauler is going
up $50.00. Ms. Donovan -Palmer explained that FOG Haulers need to be inspected every year
by our department, so more work is required. Ms. Donovan -Palmer agreed to bring up the
request by Baker Commodities to the Board for discussion, but recommends it stays at $150.00.
The Board agreed to keep the change.
Motion to approve the modification of Schedule of Fees made by Ryan Maxwell, seconded
by Graham Wilson. Passed unanimously 3-0.
Ms. Donovan -Palmer explained to the Board that the Envision Hotel has hired an outside vendor
to work directly with them. The Vendor conducts two checks in the morning, immediately
sending the chemical logs. They have also trained all the employees. Mr. Pierre, Regional
Housing Inspector went and did an inspection and said everything looked fine. Mr. Donovan -
Palmer agreed to let the pool open while keeping in touch with them, and sending Mr. Pierre
more often to do inspections.
No updates at this time.
r
2024 Household hazardous Waste Day received great feedback from a post survey that was sent
out to all the participants. No one had to wait more than 10 minutes for their car to be unloaded.
Online sign ups were also received very well by the participants. Recolor collected 22 thousand
pounds of latex paint. Ms. Donovan -Palmer stated we will work with DPW to see what else we
can do to better the event.
Ms. Donovan -Palmer explained that there were only a couple establishments that showed up to
the event, and one establishment called and apologized for not being able to attend.
7
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No updates at this time.
Free Health Screenings including blood pressure, blood sugar, cholesterol, Hands only CPR and
associated prevention information
• 2nd Tuesday at the COA, 255 Hope Street
• 3rd Wednesday at Town Hall, 6 Park Row
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to adjourn made by,Kasia Frenette, seconded by Mr. Maxwell. Approved 3-0
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