10/28/2004 BOARD OF HEALTH Minutes

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Ms. Grady asked the other board members for recommendation. Mr. Santos recomm' ended that they make a motion that was driven by the chromic repetition of the violations over the past year and other years. This would warrant a $300.00 fine for these violations. They have had to go back a number of times to re- inspect along with the probability of doing another inspection. The health agents' were to re-inspect before the next meeting. This should give thein enough time t bring everything up to code. He added that the motion would note that this is a ` probationary period for one year. If any critical violations are noted at all, the establishment will come before the board of health and explain why this has occurred. It seemed that the violations are redundant with little being done to rectify the situation. Ms. Grady seconded the motion. l l tion passed. APPOINTMENT- Ken McNul _-The Flume Restaurant Mr. McNulty was present for this-appointment. He stated that he was here In reference to the denitrification system that was part of the purchase agreement when they bought The Flume. Unfortunately, they were going to graciously ask for ars extension on that agreement. The season was horrifying and they have lost.buckets of money. They did not have the money to put the system in. They have had the engineering don. They had spoken with Cape &Islands Engineering. He thought thatthey had seat the board a copy of the engineering plans. They were going to do that. Mr. Darrington confirmed that they were in receipt of the plans from Cape Islands. 11r1r. McNulty ulty continued by.stating that he had the engineering done. But, as far as the expense of having the thing put in the ground. They simply dict not have the funds to do it. He did bring a copy of the profit and loss statement up until August. But, essentially they were in the red for$60,000.00. Another$40,000.00 to put the dentrifkation into the ground just wasn't possible. They were hoping for much better season. They projected a much better season and business as a whole just slid. not slow up this summer. Mr. Harrington stated that.he did receive the plans. They received therm July 20", 2004. The deadline for the plans to be received by the board of health was June 21h 2004. They were received a month late. They had the plans for essentially 45 days. They were presumed approved. They did not do a full technical revie'w of them. But, essentially from the board's original decision the construction of the system was supposed to happen by the middle ofSeptember or the 1 1h. They were now at the end of October. Essentially because the propel was in violation of not meeting the board's previous decision. The board had several options as far as putting conditions up on the'installation and re-setting a date along with other types of enforcement. His rec mmendation would be that because the timelines had been violated, there were some omissions on the plan, which would have been approved had it actually, been installed. But, because since it was not the board has a right to ask for these 17 L_