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HomeMy WebLinkAboutBOH 07/11/2024Town of Mansfield Board of Health July 11, 2024 Minutpis,,fv,_ o /N o. u 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 ,;i 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. Ct 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 �� ��J���'`��%►�t»�r,}S�sFiBXis7�O1��Ta�ia'Oa�i�'.,�$ent /' ":.r ,� s 7 ,.::�,-�,.,...:. 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 I Die7st Eu� end lniy ion r / ,a.r�✓✓..w, r-.,«^z//iv^-�.N.c"yar_-�....%�G..n,..., .-n'y,` � r a .-,K r.„. "+,.+_.-_--' ,��,.,',":w -,..tx r.,2 h.., ,..:.> h�'N,n, ;.'s, 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 None. None. •yrh.t qa u« � J .. may.-�y—'. (}� '.:S%" "53�v" "<_�'� .%. vY':� r' +'.— F.v�' None. to adjourn made by,Kasia Frenette, seconded by Mr. Maxwell. Approved 3-0 �' lalr 'Ir'A-/2 C/ Date (14o7 41 (feet j