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2001-BOARD OF HEALTH
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2001-BOARD OF HEALTH
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Mashpee_Meeting Documents
Board
BOARD OF HEALTH
Meeting Document Type
Minutes
Meeting Date
12/31/2001
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14 <br /> Mr. Doherty stated that CMR 590 allows for not less than $10.00 and no more than <br /> $500.00 for each violation. <br /> Mr. Ball continued that if you take each fine at $20.00 times seven critical violations <br /> since some of them are similar in nature. If you took it to $20.00 it would be $140.00 <br /> and if you took it to $40.00 it would be $280.00. He is not inclined to rescind the fines <br /> as the fine is the fine to be paid. That is were he was at. He recommended at $40.00 <br /> each. <br /> Mr. Doherty continued by stating that all the critical violations would have to be <br /> corrected before they could re-open. Plus, the written plan in place. <br /> Mr. Harrington stated that the Falmouth plan of action that was being used as an <br /> example allowed the restaurant twenty-one days to have the plan in place. However, Mr. <br /> Harrington recommended that it be shortened to the fourteen in order to have the <br /> contract up and running by the first of the year. <br /> Mr. Ball stated that if for some reason it doesn't they can come back and ask for an <br /> extension. <br /> Ms. Warden asked if it was the consultant that they wanted up and running in fourteen <br /> days. <br /> Mr. Doherty confirmed that it was the consultant that would have to be in place within <br /> fourteen days. <br /> Mr. Santos said that he agreed with the fine. The last time they bent over backwards to <br /> work with the Chens. The same violations are going on and on. He would like to see <br /> something in place before they re-open. That is his own opinion. He agrees with the fine <br /> and the plan of action. He would like to see the plan implemented or at least within the <br /> next week working the consultant. Then they would notify the health agent and the <br /> BOH would know that they are working towards it. He had a reservation about them <br /> just re-opening without something other than the fine. <br /> Mr. Doherty's recommendation would be the $280.00 fine, re-open upon correction of <br /> all the violations and a plan in place prior to the re-issuance of a temporary operating <br /> license for next year. The alternative to that is not to re-open until a plan is in place. <br /> Either way he needs a motion. <br /> Mr. Ball agreed with Mr. Doherty's first suggestion because he believes that tomorrow <br /> he would start the process of having the plan in place. He asked Mr. Santos if that <br /> would satisfy him. The second option... <br /> Mr. Doherty stated that the only concern that he had regarding the BOH keeping them <br /> closed much longer is going to cause the Chens to run into an economic impact. That is <br /> obviously punitive, sure. But, it hinders their ability to go forward with their plan to a <br /> certain extent. He really didn't want to do that either. <br />
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