Vice Chairman Edward Sheehan called the meeting to order at 7:02 P.M at the Town Hall Auditorium. Present at the meeting were Clerk Jennie McCarthy, and Director of the Board of Health Thomas Carbone. Chairman Stephanie Wilkie was not present.

Public Hearing

Kathleen Bartolo Driver for 985 Chandler Street–Request for Approval to Continue Keeping Up to 6 Horses Under the Same Conditions as Previous Owners

Mr. Carbone stated that when the animal regulations were changed last year there was a change that allows someone buying a property with existing animals to petition the board without a new proposal as long as they maintain the same number. This application is for a property at 985 Chandler Street. There is a valid permit to keep 6 horses there currently. Charlotte and John Cooper are selling the property. Mrs. Cooper was hoping to be at the meeting, but the snow kept her in New York.

Ms. McCarthy asked if any improvements are going to be made. Ms. Driver replied yes, the paddock area where the horses are has been worn down. Ms. Driver stated that she would like to add dirt and drainage to level it off and she would like to fix the fences. The flooring in the barn needs to be fixed and they want to make sure that the electric is updated. Ms. Driver stated that her husband was in a car accident, so it may take longer than planned. She would like everything done by June. Ms. McCarthy asked if Ms. Driver has cared for horses in the past. Ms. Driver replied yes, she has cared for horses for over 34 years. Ms. Driver stated that she also studied animal science and was the Uplands advisor for White Farm in Stoneham. Ms. Driver stated that unfortunately she has never been able to have horses on her property, but with this house she would be able to. Mr. Sheehan asked how many acres does this property contain. Ms. Driver replied about 7.5 acres. Mr. Carbone stated that if this is approved, the Animal Inspector would go out and perform an inspection prior to the horses coming on the property. Mr. Carbone also added that if there is earth moving within 100’ of the wetlands, the applicant should talk with the Conservation Administrator. Ms. Driver stated that she doesn’t believe that it’s within the 100’ buffer zone.

MOTION - Ms. McCarthy made a motion to approve the transfer and grant the permit for up to 6 horses at 985 Chandler Street to Kathleen Driver. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.

Approval of Minutes – March 05, 2004

MOTION - Ms. McCarthy made a motion to approve the Board of Health Minutes of March 5, 2004. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.

Mr. Carbone stated that after the agenda was put together the nomination papers for the Animal Inspector came in. Pamela Gorrasie is the current Animal Inspector and would like to be reappointed.

MOTION - Ms. McCarthy made a motion to approve Pamela Gorrasi as Animal Inspector. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.

MOTION - Mr. Sheehan made a motion to appoint Brian Fernald who is the Animal Control Officer as an Animal Inspector. The motion was seconded by Ms. McCarthy and unanimously voted 2-0.

Director’s Report

Mr. Carbone stated that he met with the Finance Committee about the budget for FY05. The Town Manager has recommended the budget that the board has put forward. It may change by Town Meeting, but right now it’s intact.

Ms. McCarthy stated that she is glad that Environmental Day is also still in the budget.

Public Hearing – Friendly Ice Cream Corp. d/b/a Friendly’s #387, 759 Main Street - Show Cause Why Board of Health Should Not Revoke, Suspend, or Otherwise Take Action Against the Permit to Operate a Food Establishment

Greg Trusolani Regional Training Coordinator, Kerry Janke Regional Director, John Hall District Manager, Mike Preburg, District Manager, Anna Murphy General Manager, and Sean Marciello Asst. Manager appeared for the show cause hearing.

Mr. Carbone stated that this matter is before the board for a couple reasons. Mr. Trearchis conducted an inspection on March 5, 2004 and there were a lot of housekeeping issues. Mr. Carbone stated that normally if it’s the first violation, the staff would work with them to solve problems. There has been a pattern with Friendly’s and a number of Administrative Hearings have been held. This process usually includes himself, Mr. Trearchis, the store manager, and the Chairman to try to solve the problems. This came directly to the Board because there have been several administrative hearings over the years. There was one in 1997, 2000, and 2002. He allowed multiple hearings because of multiple managers. In September 25, 2002 it was made perfectly clear that would be the last administrative hearing. The Board of Health staff is overtaxed and this is currently a high risk operation.

Ms. McCarthy stated that Friendly’s submitted kitchen sheets and what they would do to comply.

Mr. Janke stated that when the inspection occurred, he was made aware of issues and those issues were taken care of immediately. There were construction issues that were taken care of within 7 days. In the interim they put together a proposal to fix the reoccurring problems. This is not acceptable. Mr. Janke stated that he has been responsible for this store for 6 months and he commits to making this store stay in compliance. Mr. Janke stated he wants a safe and clean environment for employees and guests.

Mr. Sheehan stated that this is the fourth time a major problem has occurred here, and for the size of this organization it’s not acceptable. There has to be rules and regulations in place. Mr. Sheehan asked why every two years there is a problem. Mr. Janke stated that he understands and this will not happen under his watch. There are a lot of positive changes in the last five years. Mr. Janke stated that he is responsible for 82 restaurants in this area. Mr. Janke added that he has worked for Friendly’s for 27 years and this is his first hearing. Mr. Janke stated that he takes responsibility for this and it will not happen again. There are training systems in place in to run a clean restaurant.

Mr. Carbone stated that he met with Mr. Janke last week to go over the history. They provided information on the red book in the past, which is the procedures Friendly uses. Mr. Carbone asked Mr. Janke to explain how this is going to make a change in the restaurant. Mr. Carbone added that the last hearing the red book was also mentioned. Mr. Janke stated that the red book was introduced in 2002. It centralized control systems in the restaurant. Mr. Janke provided daily procedures and log checks and the area logs that will need to be checked everyday. They have applied additional resources to make sure these procedures get done. There will be internal inspections and Quality Control.

Ms. McCarthy stated that with every inspection there is a problem with the milk machine. She doesn’t see how these checklists will correlate to the inspection problems. Ms. McCarthy asked how the team would handle problems such as the milk machine and flies in the screens. Mr. Janky stated maintenance of the milk machine is in the red book. The screens in the windows are not always required, so not part of the red book, but he will make sure that they are taken care of. Ms. McCarthy stated that the red book was in place on the last inspection. Mr. Janke stated that he will be in the restaurant at least twice a month and will have extra visits from the district manager as well. They will also bring in the training manager. Friendly’s will also pay for an outside inspection company. Documentation will be provided.

Mr. Sheehan asked when the last inspection was done. Mr. Carbone replied that Mr. Trearchis inspected it on March 5, 2004 and prior to that it was September 2, 2003 and March 12, 2003. Mr. Sheehan asked if the same people were in charge. Mr. Janke replied he took control six months ago. Ms. Murphy stated that she took over in September 2002. Ms. Murphy added that there was extensive remodeling to make it more sanitary. They have added sanitary sinks and fly lights. There are all new employees now. Mr. Carbone stated that the September 2002 hearing, Ms. Murphy took over. She has made a lot of good changes. There were problems found and they were corrected a few days later. If an inspection fails, then they will close the restaurant. The problem with Friendly’s is that there are ongoing problems.

Ms. McCarthy stated that she is concerned with the team having the resources.

Mr. Trearchis stated that the problem is when the manager is away from the store, the assistant is not taking over and the store is dirty. The night crew and the crew in the morning didn’t know the procedure. The person in charge decided to take a cigarette break during his inspection. The staff needs to be trained better especially the assistant mangers. The ice cream scoops from the night before had dried ice cream on them. Also, the milk machine is not cleaned. Mr. Janke stated that the staff will be retrained as needed. The concerns are legitimate. The store will not go days without a general manager in the store. If a person will not follow the code, then they will not supervise a shift or work for them.

Ms. McCarthy stated that the manager should not be blamed entirely. Ms. McCarthy stated that an outside monitoring firm is a good idea. Mr. Janke stated that training will be a higher priority especially with the summer season coming up.

Mr. Sheehan stated that when he worked at an ice cream stand when he was younger, they couldn’t leave the store until everything was clean. Mr. Janke agreed that the store should be spotless in the morning. Mr. Preburg stated he was the one that came in when Mr. Trearchis was in the store. He apologized for the way he was treated. He actually got down and scrubbed the store himself. They went back and cleaned some more. The most important thing is that the store is clean before the shift ends. He gave his word that this store will be cleaned. Mr. Sheehan stated that if the store is cleaned at the beginning it is easier to keep clean. Mr. Preburg agreed entirely. They have a new grill that is not that heavy so it can be moved and cleaned behind it. Friendly’s wants to rebuild a good relationship with the Board of Health.

Mr. Carbone stated that they have done an excellent job cleaning. He was in the store on an issue not relating to this. The people who worked last Wednesday night worked hard and it’s clean. There is a lot of concentration on making sure the restaurant stays clean. He asked how the Board could be sure that in two years Friendly’s wouldn’t be back with a new set of managers. The problem is the supervisor when Ms. Murphy is not in the store. How can the Board know that the assistants are as strict and knowledgeable as the managers? Mr. Janke stated that they have to strengthen the second line of managers. There is a new certified training program for assistant managers. This was implemented two days ago. The training coordinator will make sure they are certified. Mr. Carbone asked if the assistants are certified food handlers. Mr. Jankey stated that all supervisors are serve safe certified. This class is conducted on a monthly basis.

Mr. Sheehan asked if good help is hard to find. Mr. Janke stated that it is not as bad as a few years ago. The staff will be doubled in the summer. The turnover is low. There are a lot of college kids that come back in the summer and they will not need extensive training.

Mr. Carbone stated that there are six options available. Mr. Carbone stated that there could be actions ranging from no action to revoking the food service permit and closing the restaurant. There are in between steps that could be taken. A warning could be issued, the food service permit could be suspended, the Board could require a contracted independent inspection company, or limit menu options. Typically the Board requires the independent inspection on a monthly basis which is a supervised probation.

Ms. McCarthy stated that she is really looking at the regional and district managers. There is a large volume of customers in the summer time and they need to be protected. The independent inspection could provide additional procedures. Mr. Sheehan asked if the private contractor is coming in now. Mr. Janke replied no, the district manager is responsible for a monthly inspection. Mr. Carbone stated that in 2000 they hired RJH to do independent inspections. If the board wants this, then Friendly’s should submit a name and the staff will approve it. Ms. McCarthy stated that she would want an independent inspector with the reports being submitted to the Board of Health within an hour of the inspection.

Ms. McCarthy asked if there was a food that shouldn’t be served. Mr. Trearchis replied no. It’s more a cleanliness issue. Mr. Sheehan stated that he doesn’t want to see Friendly’s back. Mr. Janke agreed and doesn’t want to be here again. This restaurant will also be remodeled and upgraded in the future.

MOTION - Ms. McCarthy made a motion that Friendly’s hires an independent food service inspection company for unannounced inspections twice a month for a period of 6 months and when Friendly’s appears back before the Board of Health they should provide report on training of safety of staff for food handling, preparation and safety and that they will conduct food safety and cleanliness procedures with their employees and the food codes should be available in hard copy in the store. The motion was seconded by Mr. Sheehan and unanimously voted 2.0.

MOTION - Ms. McCarthy made a motion that representatives come back and report on April 15, 2004 at 7:00 PM for a status update. The motion was seconded by Mr. Sheehan and unanimously voted 2-0.

Mr. Trearchis wants to make sure the staff knows what they need to do especially if the general manager is not there. Ms. McCarthy stated that when they come back before the board, she requested that training reports be submitted with who has been trained and when.

Ms. Murphy stated that when a new person comes in she sits down and goes over training questions on food services.

Mr. Trearchis asked that a hard copy of the food code be available in the store. This would be easier to train people if the code is available.

Director’s Report (Continued)

Mr. Carbone stated that on March 30, 2003 the Massachusetts DPH is sponsoring a satellite broadcast on isolation and quarantine. Mr. Carbone stated that he and Mike Sitar will facilitate at Lowell General Hospital. Attorney Zaroulis, Mr. Trearchis, Ginny Desmond Town Nurse, the EMT Coordinator, a Police Officer, Ms. McCarthy, and Marcia Osterman School Nurse will be in attendance for this free broadcast. Mr. Carbone stated that the Massachusetts Health Officers Association is sponsoring a educational breakfast for the local legislature. Ms. McCarthy asked if any information about the bill that was submitted taking power away from the Director would be discussed. Mr. Carbone stated that this meeting is for general issues.

Mr. Carbone stated that the Upper Merrimack Valley Health Coalition has been meeting every two weeks for two hours and then he has been spending four hours on top of that preparing for them. The region is slated to get $177,000 but DPH has not released it yet. This is supposed to be spent by June. The coalition has been in compliance with their requirements since January, but has not received any money yet. The Andover Coalition has received their first 30% and ours should be eligible for 100%. This week the regional coordinators met with DPH Finance department. The requirements state that every expenditure has to be approved by DPH prior to every purchase. They promised a 24 hour turnaround on each purchase but he can’t see how they can do that. It will be more like a week turnaround. The DPH is approving a general list of approved expenditures. They should have already expended the money. The town needs additional nursing hours.

Mr. Carbone stated that for example when the Pertussis outbreak happened last fall, he had to help with the phone calls and follow up. There needs to be staff to handle everything. Mr. Carbone stated that hopefully within the next week the coalition should get the first installment. There should be $9,700 coming with $2,000 being used for technology. There is a short amount of time to spend money and the coalition will concentrate on big purchases such as protective gear and stock pile supplies. If there was a small pox outbreak, they would need ten clinicians working 12 hour day to get the whole town vaccinated within a week. This timeframe doesn’t include the prep work and questionnaire, aftercare.

Mr. Carbone stated that there are recycling bins at the DPW for a minimal cost. A new resident can get a free bin. It’s easy and saves the town money.

Board Members Reports

Ms. McCarthy discussed House Bill 1092. If this was adopted then any Board of Health regulations would have to go to Town Meeting and the Director’s position would change. This would be very difficult.

Mr. Carbone stated that there is a Senate and House bill regarding banning smoking in the workplace. It hasn’t come out of committee.

Ms. McCarthy stated that Cindy Basteri from the School Department has sent information regarding a grant to improve nutrition of high school kids. She wants the Board of Health involved. Mr. Sheehan stated that Dracut is putting ahead healthier school luncheons. Ms. McCarthy stated that exercise and healthy choices are important. She has asked that the Board of Health and Director sign this grant. Ms. McCarthy read the notice from Ms. Basteri.

MOTION - Mr. Sheehan made a motion to accept and approve this letter. The motion was seconded by Ms. McCarthy and unanimously voted 2-0.

MOTION - Mr. Sheehan made a motion to adjourn at 8:35 PM. The motion was seconded by Ms. McCarthy and unanimously voted 2-0.

Approved:

Jennie McCarthy, Clerk