4/11/2007 BOARD OF HEALTH Minutes

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f having a meeting early in May with'the'80H to devise some sort of game plan prior to the joint meeting-om 5/23107. The Board members agreed to this suggestion. DISCUSSION 1. Fie: the Weinstela Ca.se-.Coud Against the.,ERF .-FYI, Glen Harrington reported that regarding the Weinstein,, ein tein� ourt case against the 130H, the first Judge's decision event against Mr. Weinstein, so he appealed to the Appellate Courts. The AppeUate.Court dismissed the case. . Letter from Paul.Nachtw ,Esq. Glen.Harrington distributed copies of a letter received from Paul l achtw y, Esq., representing the owner and operator of Lakeside Estates located'at Soo.Nathan Ellis High wra in ashpee. r. tachtwy Mates in hirer that there is a serious issue with the statutory license fee being assessed to Lakeside Estates,the problem being thatthe Board of selectmen records d hot reveal that a vote of the Board of Selectmen to a'sses's Lakeside Estates the$12.00 der unit fee was ever taken and approved. He therefore claims that the Town of Mashpee has illegally assessed Lakeside Estates an additional$6.00 per unit since December 1992, or for the'past 14 gears and 4 months. Mr. la htweyrs later is demanding that the Town of Mashpiee refund to Lakeside ide Estates the illegally overcharged fees that have been collected in excess of the$6.00 monthly fee the stat6te allows, which amount to$95,976.00. Glen Harrdngton stated that in letters from the Selectmen's Office to the BOH dated 3!65!76, .nd tes-that-the-Board of Selectmen voted to increase the license.fees-f6r mobile homes from $9.00 to$12.06 per,month, eftctive 1101f77, and 1/01/83, respectively. Glen Harrington further stated that Lakeside Estates is in the arrears fbr Use.Taxes--in th -. unt of'$3,312 for 2005, and $6,624 for 2666. No permit has been issued for 2667 for the operation of-the Lakeside Estates, which ,Weans that Lakeside Estates is essentially in violation of.operating without a p rmiL The-130H is in a position to issue fines of$100 per dey. In a letter dated 1123107,the BOH put Mr. l achtwey en notice that-Lakeside Estates may be fined$100 per day for operating without permit. Glenn Santos made a motion that,the B IS put Lakeside Estates on the agenda. Steven Bali seconded the motion. All approved. . Lakeside Estate Glen Harrington explained that although they may be paid directly to the Town Cleric, Use Taxes bare always been paid through the Board of Hil alth. The tax payment is due the 1&day of each ,month. Glen Harrington stated that Lakeside Estates has never paid monthly, but has paid eery 4 ,months, which is in violation of the state lav which is'cause for revocation of their license. Glenn Santos made a motion that the BOH send a certified letter to Mr. l achtwey, stating that fines of $100 per day would-be issued beginning seven days from receipt of the letter: for failure to pay back- owed license fees, and for operating without a license. Steven Ball seconded the,no on. All approved. The next rneefing of the Board of Health is scheduled for Wednesday,April 25, 2607, at 7:00 PM I in Town lull} conference Room I. As there was no further business, the meeting was adjourned at 3:05 Pm. Respectfully submitted, Ina G. Sc bohm Recording Secretary