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MINUTES February 17, 1994 7 BOARD OF HEALTH <br /> Mr. Doherty commented, "I consulted with Town Counsel <br /> who was of the opinion the Board does not have the authority <br /> to swear anyone in. " <br /> Mr. Greelish commented, "I have the authority as the <br /> Clerk to ask for sworn testimony before this Board. " "Every <br /> Board of Health in the State of Massachusetts has the same <br /> authority. " <br /> Mr. Doherty stated, "In terms of community service, if <br /> Mr. Halpern would like to perform community service that is <br /> fine however, in my opinion, we do not have the authority to <br /> negotiate that. " <br /> Mr. Greelish stated, "This is a complaint hearing. " <br /> Mr. Ball commented, "This Board bent over backwards for <br /> Mr. Halpern on this and other issues. " <br /> Mr. Greelish stated, "This situation with the infant and <br /> the toddler, it doesn't matter who the person was, this was <br /> outside of the bounds. " "The only reason why we were forced <br /> at that point to give 48 hours was because we would have been <br /> totally ignored. " "Mr. Halpern decided on two occasions that <br /> he could not take the time to attend our meeting, he had more <br /> important business. " <br /> Mr. Ball stated, "As far as the community service, all I <br /> am requesting is that we make him clean up his areas that he <br /> has rented. " "Mr. Halpern's shed on the Tri-town Circle lot <br /> is full of trash and there is trash all over the place, it's <br /> totally disgusting. " "I think this could be one of the con- <br /> ditions in the one year community service that this Board can <br /> enforce. " "If Mr. Halpern does not comply with the order <br /> then this Board can enforce the fine. !' <br /> Mr. Greelish commented, "If this Board is to assess a <br /> fine or penalty it must be justified on a legal basis. " "We <br /> have a minimum and we have a maximum fine. " "I am not favor- <br /> able towards community service. " "It puts us out on a limb <br /> in terms of the assessment of our ruling. " "It would poten- <br /> tially invalidate any ruling we would make on the complaint. " <br /> "In my opinion, we should issue a fine and should at a later <br /> date consider community services in lieu of a fine which may <br /> be appropriate but not as a precondition. " "I am of the mind <br /> there should be some monetary fine. " "Should this Board <br /> waiver some of that fine for community service would be ap- <br /> propriate but I feel there needs to be punitive monetary fine <br /> in some amount. " "First we have to determine what is the <br /> real span of time and what our ranges are. " <br />