TOWN OF MASHPEE
BOARD OF HEALTH – PUBLIC SESSION
Minutes of the Meeting of Wednesday, August 27, 2008
Board Members Present: Also Present;
Lucy B. Burton, Chairman Glen Harrington, Health Agent
Burton Kaplan, Vice Chairman
Kalliope Egloff, Clerk
Chairman Lucy Burton called the meeting to order at 7:05 PM.
APPOINTMENTS
7:15 PM – Diep N. Le - Classy Nails
Eugene DeMateo introduced himself to the Board as a good friend of Mr. Le. Mr. Diep N. Le introduced himself to the Board as owner of Classy Nails Salon. Mr. Le proceeded to explain his version of what happened on the day Kimberly Evon was in his salon having a pedicure. He stated that contrary to Ms. Evon’s report, there was no bleeding, and a nurse did offer her medical assistance, which she declined. He further stated that the operator completed the pedicure, Ms. Evon paid and left. A short time later, Ms. Evon returned to the salon and asked for her money back as well as a gift certificate, which Mr. Le refused.
Mr. Le stated that all his nail technicians are licensed but the licenses previously were not all posted. They are now all posted. Mr. Le stated that with the exception of the basic first aid and CPR certification, all items requested by the BOH have been discussed with his nail technicians as their standards of practice. In addition to their instruction/training, technicians now have a Technician Checklist which contains protocols they must follow, including steps to be taken for basic first aid and emergency conditions. Mr. Le requested that the Board remove the requirement for all his technicians to have CPR certification, as he has been advised of the potential for liability since this is not a normal part of his business. Rather, Mr. Le felt that the customer would be better served, with less risk to all
concerned, by a professional EMT.
In response to Glen Harrington’s question about the ultraviolet disinfection process for the equipment used in manicures, Eugene DeMateo explained that the tools are placed overnight in one box, and then removed to a second box in the morning for use that day. Mr. DeMateo stated that it takes about 10 minutes for the disinfectant to work.
Kalliope Egloff, referring to the Classy Nails Technician Checklist, recommended that in the event of a medical emergency, the nail technician should not move the individual but should contact the EMT immediately without delay.
Lucy Burton stated that she was happy to see that there are some new protocols in place at Classy Nails, that nail files are now being discarded after each use, and that all operators’ licenses are posted. Lucy Burton stated that the Board is going to be working on establishing a new regulation for manicurist nail salons. Kalliope Egloff said the Board would welcome Mr. Le’s input on the document. Mr. DeMateo added that there is excellent information available on manicurist regulations on the internet.
7:45 PM – bluewater - Show-Cause, Septic Pumping
Glen Harrington stated that on August 15, 2008, he was called to 45 Scenic Drive to inspect a septic system that had been called in as failed. B&B Construction had uncovered the tank and the leaching pit, and Glen Harrington noted an excessive amount of solids. The homeowner reported that the tank had been pumped three weeks prior to the 8/15/08 inspection. A photocopy received by the BOH of the bluewater work order stated that 2000 gallons had been pumped from the system on July 24, 2008, but the amount of solids in the septic tank was inconsistent with the system having been pumped as reported.
Mark White, District Manager at bluewater, introduced himself to the Board, and stated that basically it was a bluewater technician error that had taken place, and that the technician has since been fired. Mark White stated that he contacted the homeowner at 45 Scenic Drive and offered to re-pump the septic system, but sincethe septic had already been corrected, the homeowner instead requested a refund of his money. bluewater field supervisors have since been returning to re-check other jobs done by the same technician. Mark White added that bluewater has procedures in place to prevent problems such as this from happening. Glen Harrington stated that he has never had any problems with bluewater prior to this one. The Board took no action against bluewater at
this time.
NEW BUSINESS
1. Sign Warrants. No warrants.
2. Approve Public Session minutes of 8/13/08.
The following corrections were made to the 8/13/08 minutes:
- Page 2, under 4. Request for 2008 Food Establishment Permit & Fee Waiver, line 3, change the word event to opening.
- Page 3, under 5. Request for Temporary Food Permit: Seaside Lemans, first paragraph, line 2, change Upper Cape Tech School to Mashpee Commons.
A motion was made, seconded and passed to approve as corrected the minutes from the 8/13/08 BOH Public Session.
3. Request for Temporary Food Permit: Susan Gincauskis for Seaside LeMans
Burton Kaplan made a motion to approve the Temporary Food Permit Application submitted by Susan Gincauskis for Seaside LeMans, subject to BOH inspection prior to the event. Kalliope Egloff seconded the motion. All approved.
A motion was made, seconded and passed to add 171 Falmouth/Sandwich Road to the agenda.
4. 171 Falmouth-Sandwich Road
Glen Harrington reported that on August 12, 2008 the Pelleys received the BOH order letter dated 7/31/08 containing the Board’s decision of July 23, 2008. Included in the letter was an order for the Pelleys, within 7 days of receipt of the letter, to provide the BOH with health certificates from a Doctor of Veterinary Medicine certifying lab results taken within the last 30 days, to indicate that all puppies and dogs on the premises are free from worms and disease, communicable or other. The lab results were to include results taken from stool samples. To date, nothing has been received from the Pelleys. The BOH can impose a one-time fine of up to $1000. There are also other items included in the order letter that have not been addressed.
The Board agreed to wait until September 1, 2008 to determine whether the Pelleys have moved from the premises at 171 Falmouth –Sandwich Road, before taking any punitive action against the Pelleys, and recommended that Veronica Warden check on whether or not the Pelleys have moved from 171 Falmouth-Sandwich Road after 9/01/08.
OLD BUSINESS
1. Willowbend – 184-186 Quinaquisset Avenue
Glen Harrington reported that Randi Regan is still waiting for the various utility meters to be removed, and is still in the process of receiving bids for the work.
DISCUSSION
1. 2008 Fee Schedule. Burton Kaplan again reiterated that he would like the fee schedules to reflect to a greater degree the amount of energy, effort and cost that goes into these BOH functions. Glen Harrington added that his recommendations to the Board on fee changes hopefully will reflect that, noting for example that 4 hours is the approximate time involved for a septic failure certification, currently for just a $100 fee. Discussion of the fee schedule was continued to the next BOH meeting.
2. Draft Nail Salon Regulation. Glen Harrington distributed copies of the Essex Board of Health Regulations Pertaining to Manicurists and the Operation of Manicuring/Nail Salons, for the Board’s review. The Board requested more time to study the document, and asked that the discussion be continued to the next BOH meeting.
3. Conflict of Interest Law Review – Meeting on 8/27/08
Glen Harrington gave highlights of the meeting held on 8/27/08 at 3 PM. With regard to use of BOH emails, information sharing is fine, but no decisions can be made on-line. Any decision that is made should be made in an open forum. Glen Harrington stated that the State has a good website on ethics commission on www.Mass.Gov.
As there was no further business, a motion was made, seconded and passed to adjourn the Public Session.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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