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a <br /> Brian Wall had questions regarding the pre-survey asbestos requirement. Glen Harrington remarked that <br /> whenever there is a renovation and/or demolition there is a requirement to conduct a pre-survey inspection. <br /> Only a professional determines suspect material, and a written asbestos survey report is to be submitted to the <br /> Board of Health. Attorney Wall confirmed that any time a mobile home is disposed of or destroyed, the survey <br /> inspection is required. His client did not realize that a survey was required each time a trailer was removed, <br /> Brian Baumgaertel commented that there was still the requirement to conduct the surveys and,there is still a <br /> violation of that particular regulation. The information that was requested for the transportation and disposal <br /> has finally been provided. Attorney Wall explained to his client the mount of the fines that the Board of Health <br /> had assessed and had succeeded in obtaining a deferral of action. He urged his client to provide the <br /> information, and it was produced. Attorney Wall is now requesting leniency from the Board for the other fines <br /> assessed on Lakeside Estates. <br /> l alliope Egloff stated that there is a fine of$1,500 for the rodent inspection prior to demolition to have been <br /> paid within ten days of receipt or by November 24, 2016, No payment has been received as yet. Brian <br /> Baumgaertel commented that not having the rodent inspection is a violation and segs no reason to rescind that <br /> particular fine. Attorney Wall explained that it hasn't been paid because a hearing was requested. <br /> The Board discussed the fines for the pre-survey and the rodent control violation and the Soo for failure to <br /> provide the Mauler's information, which has now been submitted. Also, failure to remove per the regulations <br /> and failure to dispose and transport properly has a fine of $10,000 each. The pre-inspections were $5,000 for <br /> each unit for a total of 5 000. The fines total $45 coo. <br /> Kate Connolly, attorney with Mashpee Town counsel, introduced herself to the Board. Attorney Connolly <br /> commented that fines under 310 CMR 11 are upon conviction so this would be a decision from the court. There <br /> is a pending court action with the Mashpee Building Commissioner. This can be amended if the Board of <br /> Health wanted to seep imposition of some of these fines. According to the regulations of 310 CMR, the Board <br /> of Health does have the authority to impose fines for asbestos violations. <br /> Attorney wall remarked that this is the first time that Lakeside Estates has ever had involvement with the <br /> asbestos regulations, Attorney Wall is asking the Board of Health to re-consider their decision. Since this being <br /> the first time and with fines of significant magnitude, it has obtained his client's attention. <br /> Ms. Egloff commented that she is not willing to dismiss all of the fines. As business people the owners of <br /> Lakeside Estates should do their due diligence to be aware of the requirements. This is not the first time that <br /> MEZ Realty has had issues with the Board of Health. Ms. Egloff is willing to dismiss the fine of$500, but not <br /> the remaining balance of$45,000. There is no negotiating the rodent control fine of$1,500, since there is a <br /> rodent infestation in ll,llashpee. <br /> Attorney wall suggested suspending the fine, and if another trailer is removed without a pre-survey and rodent <br /> inspection, then they are in violation subject to new fines. The fine that was originally suspended automatically <br /> gets imposed. <br /> #calliope Egloff remarked that there is a history of disrespect and lack of communication and serious health <br /> violations that are not to be negated-. Brian Baumgaertel commented that in his opinion it is disconcerting the <br /> way MEZ Realty treats the Burd and the staff. MEZ Realty does not see this as an issue, and feels it has <br /> done no wrong. <br /> Attorney Connolly stated that the courts take public health very seriously. An egregious violator does not care <br /> until it gets their attention. MEZ Realty was not apologetic and did not forward the required information to the <br /> Board of Health. Attorney Connolly does not recommend rescinding the fines. If MEZ Realty was to remove a <br /> trailer without the asbestos survey, the Board would have a much stronger support from the court. It could be <br /> presented as reckless disregard for people's health. In Attorney Connolly's opinion the Board can impose the <br /> 4 <br />