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Home My WebLink About2013-01-24 Board of Health Agenda Packet 2013-01 16 01:30 BURKES MOBIL 9787770972 y> 9786888476 P 3/4 1qW PUBLIC HEALTH DEPARTMENT Community Development Division Notice of Hearing January 11,2013 Mr.William Burke Burke's Den Rock Mobil 350 Winthrop Ave. North Andover,MA 01845 Re:Board of Health meeting—Burke's Den hock Mobil-hearing regarding the issuance of the 2013 food and dumpster permits along with the Weights&Measures fees owed, Dear Mr.Burke: Please be advised that you are being notified of a hearing of the North Andover Board of Health, at which time the members will be discussing the issuance of your Food Establishment Permit and Dumpster Permit for 2013 along with the non-payment of your Weights&Measures tees. The members will discuss failure to comply with the Massachusetts Food Code 105 CMk 590.000: STATE SANITARY CODE CHANTER X-MINIMUM SANITATION STANDARDS FOR FOOD rSTABLISIIMENTS. Burke's Den hock Mobil failed to comply with 105 CMR 590.012(G)(2)Expiration and Renewal of Permit. Permits are to be renewed 30 days prior to expiration,Burke's permits expired on December 31,2013,They also failed to comply with the local Board of Health policy requiring a doable fee for all applications submitted after December 31St of each year. Details of the issues are: 1, Prior to expiration,the Health Department sent out a reminder postcard to the establishment in October of 2012. 2, In December 2012 a courtesy call was made to Burke's Mobil reminding them of the permit renewals.It was stated that they"did not sell food anymore". Page 1 of 2 North Andover health Department, 1600 Osgood Street,Building 20.Suite 2035, North Andover, \4n 01845 Phone: 978.688.9540 Fax:978.688.8476 2013-01-16 01:30 BURKES MOBIL 9787770972» 9786888476 P 474 _._....._..._............. . . Burke's Den Rock Mobil Permit Hearing January 10,2013 2. In December 2012 a courtesy call was made to Burke's Mobil reminding them of the permit renewals.It was stated that they"did not sell food anymore". 3. In December 2012 Michele grant went to Burke's acid found retail food products for sale and again discussed the renewal of the 2013 permits as well as the fees, 4. Another call was placed by the Health Administrative Assistant the last week of December regarding the permit renewals. S. In the week of 1/7/13,Michele Grant went to Burke's to discuss permitting and fees again, 6. On January 8,2013,Mrs, Burke called and spoke with Susan Sawyer, Mrs,Burke stated that she had paid the permits but it was determined that she had confused the food permit with the Common Victuallers license. Permits and fees were again discussed with Mrs. Burke. Susan Sawyer stated that Mrs.Burke could formally write a letter and attend the next BOII meeting on January 24'h to discuss this issue. 7. It is notable that upon review of the Burke's file of the past two year's that food and dumpster permits were not paid until December 28`h and December 31".Both of those years we used the same notification process and both years the Health Department reached out many times to the applicant letting them know they needed to renew their permits before December 31". 8. It is also noted that the establishment's Weight&Measures fees have not been paid. The Board of Health meeting will be held in the Senior Center,on January 24,2013,at 7PM, 1208 Main Street,You are currently operating a food establishment and having a dumpster on site without a valid permit,At the hearing the petitioner shall be given an opportunity to be heard and to show why the 2013 permit should be issued without proper payment,or if issued whether fttrther action in the form of an additional order or a suspension of permit should be taken in this matter in compliance with tite code, 590.014 Pennits-Suspension and Revocation B)Suspension of a Permit with Notice. (1)The board of health or its authorized agent,as determined by the board of health,may issue a notice to suspend a permit to operate a facility licensed wider 105 CMR 590,000 or one or more particular operations of the facility,Each of the following grounds shall constitute full and adequate grounds to suspend a permit. I (a)Failure to comply with the requirements of 105 CMR 590,000; c rely, GAL 1011le Grant , Public Health Inspector Cc: Curt Bellavance,Community Development Dir, Dr.Thomas Trowbridge,Board of Health Chairman Page 2 of 2 North Andover Health Department, 1600 Osgood Street,Building 20,Suite 2035, North Andover, MA 01845 Phone:978.688.9540 Fax:978,688.8476 2013-0 1-16 01;29 BURKES IviOBll. 9787770972 58/4 P 1/� l]LCx/+E� V �� ry 9,7-J. )? G r51 , 4 0 13 Adv x`771 9�� PV Vl- yz- 2013-01-16 01;30 BURKES MOBIL 9787770972>.> 9786888476 P 2/4 2&,3 0 U)jv je. �,(7 q pl(9 o• e 5��i:BAa�s, e <;o a North Andover Health Department Community Development Division 1/16/2013 Burke's Den Rock Mobil 350 Winthrop Ave. No. Andover,MA 01845 RE: Weights&Measures To Whom It May Concern: This correspondence is in regards to the Sealer of Weights and Measures. This office was notified by the North Andover sealer indicating that work was completed at your establishment on 10/29/2012, 10/25/11 and 11/11/10 each in the amount of$360.00 for a total of$1080.00. To date,the Health Department shows no record of these invoices being paid. If you feel these invoices have been already paid, please provide proof to the Health Department. Thank you for your anticipated cooperation. You may send or deliver the check(made payable to the Town of North Andover)to the address found below. Since•ely, Lisa Blackburn Health Department Assistant Ene: Copy of Invoice Page 1 of 1 North Andover Health Department - 1600 Osgood Street—Suite 2035 North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 Where: Non Andover Health Department 1600 Osgood Sin Sallie 2035 PlIeumococcal Wednesda January 30, 2013 Rr From WOO 10:00 a.vIn. to 12. X'A POMI, V A- (',"'CIN ES ARF'41,i"0.11, SENIORS AGE 65 AND OVER OR. THOSFI'I 1-1 A CHRONIC ILLNESS PIXASE BRING YOUR. ,,ARE CARD NOR"I'll ANDOVER RESII)ENTS ONLY Supply is fimited so please call 978-688-9540 by 1/25/13 to reserve Y011I.- appolliffile"'t. OdO Ok North Andover Board of Health Meeting Minutes T11 U148DAYrJmW�i,,,y 28,20 tO 7:00 p.m. 120 Main Street, Xm Floor Meeting Room North A dove MA 0 1845 Present:Susari Sawyer,Debra Rillahan,Pamela DelleChiaie,Larry Fixler,Francis P.MacMillan Jr.,Jo cCal1llY T. CALL TOORDER The meeting was called tn order o<7:05p.m. Mr.Fix|ex acted ao the Board oy Health Chairman|othe absence uy Dr.Trowbridge. Il. PUBLIC HEARINGS A. Subsurface Dis |Do8nla|iono—Boudn&wi||h:0006000duoU|uommentshnn Town Counsel have been received Tile hearing was opened and will he continued until tile next meeting hn FobmmypmnJ|ng fioo|review by the Board oy Health Members. Dl. APPROVAL ORMINUTES A. Meeting Minutes front December l7.200DNbo presented for signature. Tile minutes still oeodufixa|mvlonmnd will bo presented for signature n\the February m^odug. D/. OLD BUSINESS A. Food8ogu|ot|ouUpdotoo—oouUouedm8Ucumm*ntoAnm7nvn[boosmlbxvohcxnmnoiv*d Tile regulations have not yet been finalized. Will continue until the March 25'20lOB0BMeeting. V. NEW BUSINESS | A. Brooks i(to Coil(lot iniuunPool Krgocs(o�Pnxy||coono,DonNNmuhu,kvBmukxido | Homr**xcr`uAanmia|imn t6vnuominooncoo[Ue variance for uUti�gouu A group of condominium owners gathered to render their support for tile Lifeguard Variance at Brookside Pools. Ms.Terry Benson spoke oil behalf oC the group. 18iaxaoocinhoo was established 4O years ago. Ms.Benson stated that site\mo been n resident for 2iyears. The pool|oin the real-center of the complex,and all units have o view ho tile pool. The condo association consists oy five(f)members representing the complex. Tile association iu responsible for maintaining tile buildings and tile grounds,for establishing o monthly budget plan,mnd designating one CPO(Certified Pool Operator)|u manage the pool. The association maintains a bracelet system to identify condominium owners. The pool needs to be op&mdod'and the association has found x contractor WJo the work. The pool is the social center nfthe complex in the summer,and they want it to be opomUouni and ready to go. ?hom are two new condominium owners that are BMT'o and v*rUfied|u First Aid. Jovwry242010 North Andover Board o[Health Meeting—Meeting Agemb Page ln[2 Note: 7h*Board oy Health reserves tile right Ntake items out of order and tn discuss and/or vote oil items that are not listed uu the agenda, Board",n=N`Members: n`wmn1ro°bridge,DDS,MD,Chairman,Larry sa,r,mcmber/c|*k,Anne Brennan,Member 1ose, ucc^^xy, uumhu |-'ravcis 1).Macumx*Jc.^I.n,nm|o`n^pi^"*o' Staff:Simon xmxpr,ncamDirector; Debra unlabmo.Public Health Nurse;uidule Grant,Public o^od`Inspector;Pamela um|^u}.i^ic.|/mm`Department A^si"mu' i I The association reiterated their request to be granted a variance to the Lifeguard requirement for the next tiu-ee years. Mr.Fixler asked about the condition of the pool. The main drain needs repair. The main drain has not been working for awhile. Ms.Sawyer provided some history of the pool for the Board. hl 1989,the request to the variance front this regulation was addressed. Brookside Condominiturn Association is the only pool which maintains this variance. There are 29 unit owners,and the pool measures 20 feet by 40 feet. Two prior owners were responsible for maintaining the pool and were the designated CPO's for the complex. Ms. Sawyer gave a description of the inspection conducted in 2009 at which the main drain was found to be disconnected. 1 The association would not confirm in writing that the pool was in compliance with state codes,which prompted a red flag for the Health Department. The main drain is part of the pool cleansing process. The issue ended tip in Senator Torrisi's office to allow use of the pool even though it did not meet state code. The pool was finally opened in August of 2009(usually June)ftom 10:00 a.m.—8:00 p.m. The association is spending up to$50,000 in 2010 to bring the pool up to the proper code. Motion A motion was made by Dr. MacMillan to renew the original '1989 variance for Brookside Condominium Pool for a continuance of the variance for a Lifeguard. Dr.MacMillan and Mr.'McCarthy voted in favor of the variance,and Mr. Fixler was opposed. Y The variance was approved by a majority vote oft-1 in favor. VI. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Update on the Flu Vaccination Program Ms. Rillahan provided a brief update of the current status of flu shots provided to the public. VII. CORRESPONDENCE/NEWSLET`fERS VIII. ADJOURNMENT The meeting was adjourned at 8:30 p.m. Pr•epar•ed rind Submitted bJ� Pamela DelleChiaie Administrative Assistant ReNewed bh: Thomas Trowbri(/ge c&Susan Saltyerr Signed hi) FebrmarY25, 2010 Larry Fixler, Clerk of the Board Date Signed Ynuuary 28,2010 Notth Andover Board of Health Meeting—Meeting Minutes Page 2 of 2 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. hoard of l lcalth Alembers: Thomas Trotcbridge,DDS,ND,Chairman,Larry Fixler,Member/Clerk,Anne Brennan,Member;Joseph McCarthy, illcmber;1'4ancis 1'.Nac\lillan,Jr.,\LI7.,1 lralth llcparhttent Staff.Susan Sawyer,Health Director; Debra Rillahan,Public I lcalth tNurse;\lichele Grant,Public health Inspector;l'antelo DelleCltiaie,l lcllth l)eltartntent Assistant