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HomeMy WebLinkAboutBOH 09/12/2024Town of Mansfield Board of Health rr_rrl� n September 12, 2024 Minutes Mission Statement: The mission of the Mansfield Board of Health is to protect; preserve and improve the public health, environment, and wellbeing of our citizens through the enforcement of 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: Antonia Blinn, Chair, Kasia Frenette, Ryan Maxwell, Amy Donovan -Palmer Absent: Graham Wilson, Melissa Almeida, Samhita Ramachandrula, Student Liaison. Guests: Tyler Benson, Buffalo Wild Wings, Chief Derosiers, Adrian LeCesne, Attorney for Tattoo Jar, Fransua Espada. The meeting was called to order at 7:25pm on September 12, 2024 by Antonia Blinn, Chair. There was no correspondence at this time. There was no consent agenda at this time. Motion to approve the August 8, 2024 meeting minutes by Ryan Maxwell with a noted correction, seconded by Kasia Frenette. Passed unanimously 3-0. Mrs. Blinn asked General Manager, Tyler Benson to approach the podium. Ms. Donovan -Palmer gave a brief description explaining that if a P/Pf violation does not get corrected at the re - inspection visit then the risk category goes up a level and the Manager in charge is asked to come to the meeting to explain to the Board what's been put into place to correct the outstanding problems. Ms. Donovan -Palmer mentioned that Buffalo Wild Wings was here in the spring with a similar violation. Ms. Blinn asked if Mr. Benson could share with the Board the plan of correction. Mr. Benson explained that the first time Mr. Duquette had come through the restaurant it was user/human error, someone had not turned the equipment on that day, and is no longer a Manager in the establishment. Unfortunately, Buffalo Wild Wings has experienced multiple issues with equipment failure since Mr. Benson has been there, the building is 13 years old and Mr. Benson is the 101 General Manager and the equipment hasn't been fixed appropriately. All 1 the equipment is now currently working properly, and Mr. Benson has gone over the procedures with the team to make sure it is used appropriately going forward. Ms. Blinn asked Mr. Benson what happened with the hot/cold, she believes he said it was user error. Mr. Benson responded that the first time Mr. Duquette came through it was user error, for not being turned on properly. Since then, they have corrected the issue and also had the unit itself looked at by a HVAC professional, who found it wasn't working the way it should be. He recharged it, and adjusted the defrost cycle. Ms. Blinn asked if they are keeping Logs of the hot/cold temperature holdings. Mr. Benson responded yes, explaining there is a temperature check twice a day between 10/11:00am and then again around 4/5:OOpm. Ms. Blinn asked how the temperatures are reading, and Mr. Benson responded everything now is at temperature throughout the day, and not just at those two specific time frames. Lastly Ms. Blinn asked if they have an updated standard operating procedure that explains adding the ice to cooler. Mr. Benson replied no, but he can absolutely get something in writing. Ms. Frenette followed up by asking if they keep the logs for reference if they ever need to show Mr. Duquette at another inspection for proof that the last temp was good, Mr. Benson relied yes. Ms. Donovan -Palmer suggested that they check the temp and record it more frequently and record multiple temperature temps for their documentation and for their own protection. Mr. Benson agreed, and will also write up a SOP and get the District Manager to sign off on it. Ms. Blinn feels like the unit should really be replaced, and Mr. Benson replied to the Board that it should be coming down the pipeline very quickly. Ms. Donovan -Palmer asked if they have a maintenance log with what is happening with the equipment, and how it is being addressed. In an older establishment when a piece of equipment has an issue, you then start to see more equipment having problems. Mr. Benson said he would be happy to send that over. Chief Derosiers joined virtually with an update on Health Screenings which continue to be conducted within the Town. A pilot to try and do these screenings at Park Street and Bicentennial Court Public Housing but resulted in not a great turnout, so that has been discontinued as of now. The other two Health Screening at the Town Hall monthly, and the COA are still being offered and are well attended. Chief Derosiers added that EMS is continuing the Install Car Seat Class at the Public Safety Building to get the staff more involved: Mansfield Fire is currently working with other County Fire Chiefs for Project Life Saver, which is a program for tracking people with Alzheimer's. it used to be covered by the Sheriff's department, but when the new Sherriff came in, he cut al lot of the programs, and unfortunately that was one. Chief Derosiers explained that the program is a little bit involved, since they have to pay for an instructor to fly out to train and certify. The Fire Department will work with the County Chiefs to try and do something as a County, instead of just one Town. Ms. Blinn mentioned the re -application for the EMS program to the State Department of Public Health. Mr. Dufort relied that is was submitted, but there hasn't been any follow up yet. He is sure it will get approved, but no response yet. Chief Derosiers and Ms. Donovan -Palmer had met with Dayana the new Regional Public Health Nurse and identified some areas we can collaborate on. Mr. Dufort mentioned they had met regarding the Opioid / Settlement funds which is going in the right direction. Another area that is being worked on is getting more people certified in CPR between the Fire Department staff and the EMA. It's been tough to get people certified during the summer. The Fire Department continues to offer lock boxes for elderly people with medical conditions. The program has been very popular. Mr. Dufort didn't have a number, but said they have put in quite a few over the last 3 to 4 months. This allows the Fire Department to get into the house for an emergency, without having to damage any property. Chief Derosiers added that the EMA and Health Department are doing some sheltering planning which consist of; if we have to evacuate homes or neighborhoods for reasons like weather or Hazardous material release. We have a plan with the EMA staff to shelter people at the Jordan/Jackson Elementary School, additional planning is in the works in case the Jordan/Jackson isn't able to accommodate. EMA has also met with SRPEDD which will be doing an evacuation planning study, if we had to evacuate the entire town for reason such as a hurricane or tornado. The meeting overall went well, and everyone had a lot of good points. Chief Derosiers feels there is a lot we can work on with this and he's interested to see when they are done working with all the towns, what they come up with, and what funds we can get to help us assist with that. Ms. Donovan -Palmer added she thought an interesting point made at the meeting was it wasn't just about Mansfield having to evacuate, but having Mansfield absorbing other evacuated communities. Mr. Dufort added that we have one of the largest EMA groups, with 21 members. Ms. Donovan -Palmer added that SRPEDD is figuring out each community needs separately, and then they will pull all the information together Regionally. Lastly Chief Derosiers mentioned the Canton Fire Department with whole blood transfusion unit, were they are doing a regional response from Canton to be able to deliver or intercept ambulances that need whole blood transfusions for people with traumatic injuries. Surgeons approached the Mansfield EMS since we are centrally located with a geographical area to intercept people going to Rhode Island. EMS is in the beginning stages of trying to work on that with the surgeons from Boston Medical Center and the state, because we need a remote blood license, as well as funding. EMS is meeting with SRPEDD and Homeland Security Group to supply grants for equipment. Brockton Hospital opens a new service every day, so they are almost 100% open. Boston Medical Center has agreed to purchase the Good Samaritan Hospital, which is great for the Mansfield EMS because that is where the blood program is through. The state has also announced that Lifespan which owns most of the Rhode Island Hospitals, purchased the Morton Hospital, which Mansfield goes to about 15% of the time. Norwood Hospital is still50% under construction, no buyer as of yet. Ms. Blinn asked if the Board had any other questions or there was anything else the Board could do so support the community EMS and Public Health Nursing Programs. Chief Derosiers replied that he will reach out off line to discuss grants and funding. Ms. Blinn started by stating that she was not present at the July meeting, although she had the chance to review the recording of the meeting and had the opportunity to see the deliberation, hear the discussion, and had a conversation with Ms. Donovan -Palmer to review our regulations for Body Art Establishments. The Board of Health does not have a process in the regulations regarding an appeal for a Body Art Practitioner. Ms. Blinn stated that what we will accept today, is any new information to the Board for consideration. 3 Mr. LeCesne approached the podium and introduced himself as the attorney of the Tattoo Jar and Mr. Joshua Richardson. Mr. LeCesne was hoping for the appeal to be considered on procedural grounds based on a couple of points relating to the nature of the evidence and testimony as presented. Mr. LeCesne stated that the goal of the appeal is to ask for another hearing to be scheduled in which Mr. LeCesne would ask the Board to consider converting the prior suspension into a 30- day suspension that would be retroactive, as opposed to a permanent revoke of the license. The suspension was warranted given the concerns Ms. Donovan -Palmer had but that the penalty that has been imposed on Mr. Richardson has already been quite severe both economically and emotionally. On a basis of hardship Mr. LeCesne is asking that 30-days be considered. Mr. LeCesne then went on to discussing the hearing that took place on July 11, 2024 The first concern was insufficient notification of a revocation hearing including suspension. Ms. Blinn stated that there was proper notification based on Article 19, that the Board my immediately suspend a permit pending a final hearing based on the merits of the question of revocation. The Board did deliberate on the revocation and the decision was made. In the Boards opinion they followed the procedures for notification. The second concern and greater concern was the nature of witness testimony and later evidence. Mr. LeCesne stated that his clients had arranged for 8 witnesses to appear, including Ms. Samantha Allan who is the owner of the Tattoo Jar establishment and the wife of Mr. Richardson. She was present during the events that were alleged by the complaining parties and was capable of giving first hand testimony about both what she said and what other parties said in her presence. Ms. Allen's testimony was excluded before and up until the Board voted on the revocation of Mr. Richardson's permit. Later when the business's license was at jeopardy Ms. Allen was allowed to testify, but that had no bearing on the revocation of the Tattoo Practitioner Mr. Richardson's permit, because that voting had already occurred. Article 23 provides that a person who is responding to a suspension or a revocation is allowed to present witness testimony. Mr. Richardson brought 8 witnesses, 7 which were ready to testify about the cleanliness, procedures, character, and consistency of the services he provided. The Chairwoman said that may not be relevant given the number of people and how long the proceeding might have gone. The testimony of Ms. Allen was both necessary and relevant, and her testimony should not have been excluded. Mr. LeCesne stated that the police report was not given to him until he was at the podium in the hearing. He said it would impossible to investigate the nature of the report in advance to the hearing or prepare, stating that was a prejudicial exclusion. Things that were stated in the report could not be rebutted. There was some ambiguity as to how the hearing was conducted, and there should have been an opportunity to review the evidence in advance. Ms. Blinn asked Mr. LeCesne after reviewing the evidence, did he have anything new to add or present to the Board? Mr. LeCesne responded that he thought that prior to approaching the podium he thought this was an appeal based on a question of procedural sufficiency. He was not aware that he would be allowed to introduce additional new testimony or present new physical evidence. Ms. Blinn asked Ms. Donovan -Palmer if in the correspondence in preparation for today, did we have any guidance on what today would look like? Ms. Donovan -Palmer responded that she doesn't remember all the previous e-mails, but she does know that they had a conversation with the Town Counsel about the procedural issues that were addressed, and then the official appeal letter came. Ms. Donovan -Palmer stated that she did get an e-mail today from attorney LeCesne making sure he was on the agenda and she responded that the Board will be able to hear any new information that you provide. Ms. Frenette addressed to the Board that she chose not to have all the witnesses come forward to speak, because the main issue we were dealing with didn't have anything to do with other people he had tattooed, it had to do with a particular instance. As the acting chair at the hearing she understood that all the witnesses were going to present positive information and experiences at the Tattoo Jar. The main issue was about the complaint that the Board of Health received from Ms. Amanda Rocha. Ms. Blinn stated that one of the articles that kept being brought up by both Mr. Wilson and Mr. Maxwell mentioned that grounds for revocation for a permit are on the list within article 18, and both members consistently said that they were concerned about Section 1, Part A (Any actions which would indicate that the health or safety of the public would be at risk is a full constitution, full and adequate grounds for revocation). The second component that Ms. Blinn heard from the Board members, was that because there had been a previous violation of our regulation governing the practice of body art. There have been two violations and that was enough for the Board to substantiate revocation of the permit. Mr. LeCesne argues that the article is very vague with no indication of frequency and no standard of oversight. Ms. Blinn stated that we have clear evidence that Mr. Joshua Richardson left the establishment and that is a problem. Ms. Donovan -Palmer stated that this Board did hear after the fact Ms. Samantha Allen talk about not hearing Mr. Joshua Richardson leave, and luckily, she was there to take care of Amanda at that point with after care. There are a lot of inconsistencies in the stories and information given to the Board do not match up. Ms. Donovan -Palmer wants the Board to focus on if there is any new information known now and, if the Board made the right decision. Ms. Blinn explained to the Board that there are two motions we can consider. One is to uphold the decision to revoke Mr. Joshua Richardson's permit. The other motion is to reinstate his permit. Ms. Frenette made a motion to uphold the decision to revoke Mr. Joshua Richardson's permit. Seconded by Ryan Maxwell. Passed unanimously 3-0 Ms. Donovan -Palmer started by explaining that there is a team of different departments working together to discuss next steps for the funding. Every community was awarded certain amounts of money, that varies from town to town to help work on the opioid pandemic. One of the big things that the team is working on is to set up an open forum / listening session to hear peoples lived experiences around opioids, so that information can be brought to discuss how we can better use the opioid settlement funds. Ms. Donovan -Palmer shared the date for this listening session which will be Tuesday November 191 from 7pm — 9pm in the Public Safety Building in the Community Room. Advertisement is being worked on to get the word out. Ms. Donovan - Palmer stated that the Police Department has been instrumental in helping with this planning. Ms. Donovan -Palmer shared that we are working with the SAFE coalition to help navigate who to reach out to, and that we will do our best to reach out to every resident in Mansfield so they are aware of this session. Ms. Donovan -Palmer shared that we are at low risk for EEE, but creeping into moderate from the South. Ms. Donovan -Palmer explained she can't emphasize enough that we need to continue to protect ourselves against mosquitos with insect repellent, long selves, long pants, and stay in from dusk to dawn. West Nile Virus was talked about, and we are currently in a moderate risk. West Nile is seeing positive testing for mosquitos. Ms. Donovan -Palmer stated that Bristol County Mosquito Control has stopped spraying because it is too cold at night. Since mosquitos are most active at night, and it's been too cold (less than 55 degrees) the mosquitos don't come out, so it's pointless to spray. Since it has sustained that temperature, the BCMC have shut down there spraying for the year. Ms. Donovan Palmer shared with the Board that there is a slight delay in the permitting process. The process was due to start enforcing the Bodyworks establishments on October 111. The application was sent out to be translated and the Health Department just received it back. Ms. Donovan -Palmer will be visiting on Monday each Body Works locations to talk to the establishments about it. Ms. Donovan -Palmer asked the Board if it was ok to wait until November 11 to enforce the regulations. Mr. Maxwell made a motion to extend the enforcement date to November 1, 2024. Seconded by Ms. Frenette. Passed unanimously 3-0 Ms. Donovan -Palmer shared that she received an email from HR that they are reviewing every departments communication to make sure that we are all going along with the DEI policies within the Town. Ms. Donovan -Palmer stated that it entailed using gender neutral terms as much as possible. Ms. Donovan -Palmer mentioned that last week herself and the Select Board Meeting Ms. Raposa the town Planning Director talked about the work done over the summer through the ADA self -assessment and the suggestions on how to make the town more accessible through ADA standards. Ms. Frenette shared that Covid is definitely back, and there was a huge spike in the waste water. The Infection Control Nurse at Sturdy Memorial shared that they are seeing a lot more cases as well. Ms. Frenette also shared that Whooping Cough has seen an uptick. Ms. Blinn asked about the Public Health Nursing Program doing vaccines through the Town, with training to become a vaccine training site. Ms. Frenette explained we are working currently through the region with the new Public Health Nurse to hopefully get things moving there. 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 • Permitting: Working on Renewals and New Fee Structure. o Bristol -Norfolk Public Health Partners Coalition Grants Update o Public Health Excellence Grant Program for Shared Services o Local health support for COVID-19 Case Investigation and Contact Tracing • PFAS • Website/ Social Media Update • Housing Inspections • FOG • Grants o FDA Retail Standards Grant o Health Inclusion Index mini -grant None Ms. Blinn shared that we have been asked by the Select Board to be present at their meeting scheduled for Wednesday September 181. Ms. Blinn explained to the Board that it is an opportunity for the Boards and Commissions to share a little bit about what their Board has done. Ms. Blinn shared she would be happy to represent the Board again. Motion to adjourn made by Ryan Maxwell, seconded by Kasia Frenette. Approved 3-0 / 1n nn+i.J l b b o / Z-­l Clerk Date