Chairman Stephanie Wilkie called the meeting to order at 7:00 P.M in the Town Hall Auditorium.  Present were Vice Chairman Edward Sheehan and Clerk, Susan Sullivan, Director of Public Health Thomas Carbone and Recording Secretary Dawn Cathcart.

Public Hearing

Attorney Kevin Sullivan for 71 Pleasant Street – Appeal of Orders of September 17, 2002

Mrs. Sullivan excused herself from the hearing, and did not participate.

Mr. Carbone stated that Mr. Sullivan requested this appeal.  Most of the issues sited are complete.  Mr. Carbone stated that he reinstalled the backup battery in the smoke detector, and they appear to operate correctly now.  Mr. Carbone stated that he called the Fire Department and they will look at it.  Mr. Carbone stated his feeling is that everything will be taken care of by the next meeting.

Ms. Wilkie asked when Mr. Sullivan is to come back with the 320 Old Main Street issue.  Mr. Carbone replied that he is not coming back.  Mr. Carbone added he is working with Town Counsel on this issue because there was work done, but it was incomplete.

MOTION - Ms. Wilkie made a motion to continue the hearing for 71 Pleasant Street until October 17, 2002 at 7:00 PM.  The motion was seconded by Mr. Sheehan and voted 2-0.  Mrs. Sullivan did not vote.

Approval of Minutes

MOTION - Mrs. Sullivan made a motion to approve the Board of Health minutes of September 19, 2002.  The motion was seconded by Mr. Sheehan and voted 2-0.  Ms. Wilkie did not vote.

Discussion

Jason Poole for Giovanni’s Restaurant – Status Update

Mr. Poole did not initially appear. Mr. Carbone stated that he spoke with Vince Ventresca and that the last check to the inspector from Giovanni’s has bounced and he has been trying to contact Giovanni’s with no luck. Mr. Carbone did state that a review of the inspection reports shows a much improved facility.

MOTION - Ms. Wilkie made a motion to suspend the license to operate for Giovanni’s until Mr. Poole appears before this board.

Jason Poole appeared for the update.


 

Mr. Carbone stated that the last time this issue was before the board was July 18, 2002.  At that time the board issued requirements that had to be met.  This meeting was for an update.  Mr. Carbone stated that most of the issues on Item 1 of his September 30, 2002 memo have been fixed.  The last two inspections have been an average of 92% on Item 2.  The dirt and bug issues for Item 3 have all been addressed.  Mr. Carbone stated that there has been a large improvement.  Mr. Carbone suggested that the Board continue with the indefinite probation and review this again in December.

Mr. Poole stated that the construction would take place by the end of October or beginning of November.  They are currently replacing 10 ceiling tiles a week.  Mr. Poole added that the new cutting surfaces have been installed.

MOTION - Ms. Wilkie made a motion to rescind the suspension of the license and continue the matter to December 5, 2002 with the indefinite probation, with inspections continuing and to have the same requirements from the initial probation motion.  The motion was seconded by Mr. Sheehan and unanimously voted 3-0.

Ms. Wilkie instructed Mr. Carbone to send correspondence to Mr. Poole outlining the conditions imposed.

Director’s Report

Mr. Carbone stated that Ms. Wilkie is not available for the November 7, 2002 Board of Health meeting and he has a conference that day.

MOTION - Ms. Wilkie made a motion to cancel the Board of Health meeting for November 7, 2002.  The motion was seconded by Mr. Sheehan and unanimously voted 3-0.

Mr. Carbone stated that the house at 2000 Whipple Road has a failed septic system.  This has been for a while.  The owner wants to get a new septic system or tie into Billerica’s sewer system.  The Billerica DPW Superintendent has said he would not allow a 2 inch pipe going into their system.  The owner said she would take full responsibility.  The owner is going to the Billerica Board of Selectmen and requested that the Board of Health write a letter to support a sewer connection as opposed to a new septic system.  Ms. Wilkie asked how bad the failure is.  Mr. Carbone replied that for two months out of the year there could be leakage that goes into the river.

MOTION - Mr. Sheehan made a motion to instruct Mr. Carbone to write a letter in support of this request and send it to the Billerica Board of Selectmen.  The motion was seconded by Mrs. Sullivan and unanimously voted 3-0.

MOTION - Mr. Sheehan made a motion to adjourn at 7:25 PM.  The motion was seconded by Mrs. Sullivan and unanimously voted 3-0.