Present:   Jeanine Lorenzo, Member, Joyce Hersey, Member, Brian J. LaGrasse, Public Health Director, Amy Ewing, Public Health Nurse, John Catania, Food Inspector, Bill Depardo, Sanitary Inspector, Heidi Conlon, Code Enforcement Officer 

Call to Order:  Ms. Jeanine Lorenzo called the Board of Health meeting to order at 6:45 P.M.  

New Business: 

Tobacco Hearing: 6-11 Variety Sale to a Minor

Mr. Brian LaGrasse stated that Healthy Communities performed tobacco compliance checks in Methuen and 6-11 Variety sold cigarettes to a minor during these checks.  This is their 4^th violation in 24 months.  After their last sale, the Board held a hearing and determined criteria for the retailer to follow for selling tobacco products and issued a 7-day suspension.  The criteria set by the Board for 2006 included a “Card All” policy for six months and a stipulation that their license would be revoked if another sale occurred with in 12 months.   Attorney Anthony DeFrucia represented Mohammad Shakarian and stated that his client’s employee made a mistake.  All employees are trained and instructed to card anyone under 30.  It was also stated that if the permit were revoked then his business would not be able to make it and would have to be closed.  The Board heard from Mohammad and he explained his training program.  Thomas Lanau is the employee who made the sale and spoke to the board and explained how he was flustered from an irate customer and thought the minor was with someone else and made the sale because he was in a rush to help the customers.   A neighbor of the variety store brought a petition in for the board that stated she is a frequent patron of the store and has never witnesses them sell to minors and that they were good neighbors The Board debated the appropriate penalty and could not come to a conclusion.  Joyce made a motion to table the hearing until the next meeting. Motion carried.  

El Conuco’s Restaurant – Emergency Closure, Permit Suspension

Mr. Brian LaGrasse stated that the restaurant was issued an emergency closure due to extremely unsanitary conditions and numerous critical violations throughout the establishment and also for excessive garbage outside the establishment. John Catania and Bill Depardo discussed what they saw and showed pictures to the Board.  Bill Depardo respo0nded to a trash complaint and when he saw the conditions outside, he immediately called John to assist on the complaint follow up because it was a food establishment. Donna Silva, Esq. was here to represent El Conuco’s.  Mrs. Silva discussed the violations noted in t he inspection and all the improvements made since the establishment was shot down.  She also asked the Board not revoke the permit and give the establishment a chance to re-open and operate correctly.   The Board stated then there would be strict conditions that must all be met prior to re-opening.  The establishment must re-train all staff on site and get servesafe certified, all violations must be corrected, the must get a contract with a dumpster company, a contract with a rodent control company, a contract with a professional cleaning company which is approved by the Health Department, and all past due state or local taxes must be paid and a receipt must be submitted to the Health Department.   Linda Soucy, a resident, stated that the restaurant used to be a very good establishment but has gone down hill over the past two to three years and hasn’t been maintained as it should have been.  She also stated that it appears to be more of a bar than a restaurant and would like it to go back to the way it was, a nice restaurant with good food etc. The Board decided to give them the conditions and leave it up to them to meet the conditions set forth by the Board. 

Jeanine Lorenzo made a motion to leave the emergency closure in place until the conditions set by the Board are met, seconded by Joyce Hersey, Unanimous vote 2-0-0.  Monthly Reports to the Board: February Departmental monthly reports Ms. Lorenzo made a motion to accept the February departmental monthly reports.  Mrs. Hersey seconded the motion.  Motion carried.  It was a unanimous vote. 

Minutes: Approval of January 23, 2007 minutes Ms. Lorenzo made a motion to accept the January 2007 minutes.  Mrs. Hersey seconded the motion.  Motion carried.  It was a unanimous vote. 

Old Business: Mr. Brian LaGrasse discussed these trainings with the board.  National Incident Management System and Incident Command System trainings are command structures during a disaster, pandemic flu or an outbreak.    

Adjourn: Ms. Lorenzo made a motion to adjourn the meeting at 8:45 P.M.  Mrs. Hersey seconded the motion.  Motion carried.