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t <br /> h <br /> ply <br /> Town of Mashpee <br /> } <br /> 16 Great Neck Road North <br /> { <br /> . ashpee* Massachusetts 02649 <br /> BOARD of HEALTH - PUBLIC SESSION <br /> Minutes of the Meeting of April 6, 2017 <br /> Board Members Present: Also Present: <br /> Ialliope Egloff, Chair Glen Harrington, Health Agent <br /> Brian Baurngaertel, clerk <br /> Chair Kalliope Egloff called the Mashpee Board of Health meeting to order at 7:01 PM. <br /> APPOINTMENTS <br /> 7: 15 PM — Hearing for occupant List Violation — NIEZ Realty, Inc 00 Nathan Ellis Highway. <br /> Glen Harrington commented that on September 22, 2016, a notice was sent to Lakeside Estates to require <br /> payment of use taxes and submittal of the list of owners of the manufactured homes at Lakeside Estates. On <br /> February 23, 2017, another notice was sent stating that the list of owners was provided on February 7} 2017. <br /> Therefore, 114 days of non-compliance Frere documented, and 100.00 per day fines were assessed. <br /> hearing was requested by MEZ fealty, Inc.'s representative to review the order letter and the issued fines. <br /> Mr. Harrington constructed a table of the history of the compliance according to Massachusetts General Laver <br /> Chapter 140 Section 32G, which requires payment of use takes and the submittal of the list of <br /> occupants/owners in the park. The table indicates clear lack of attention by the management of the park. <br /> Brian Wall, the attorney representing MEZ Fealty Inc., dba Lakeside Estates Park introduced himself to the <br /> Board. <br /> Attorney Wall commented that he is prepared to address the merits of the complaint. However, he would like to <br /> discuss a point of order that applies to this hearing. It is the fact that currently there are only two members of <br /> the Board of Health. Attorney Wall provided the Board with Article 7 from the 1959 Town Meeting. It states that <br /> the Torn voted to create a Board of three members pursuant to Massachusetts General Lave chapter 41 <br /> Section I, which also sags that there shall be a Board of flealth of three members. Attorney Wall remarked that <br /> there were three members up until a couple of months ago. However, -there have not been three members for <br /> many of the hearings that he has attended. In order for his client to receive a fair hearing, there needs to be a <br /> full board. <br /> Glen Harrington stated that the Town is noir under a charter, and this was the governing statute when the <br /> Board was created. Mr. Harrington requested that he be allowed time to research the changes. <br /> alliope Egloff requested a brief recess at 7:23 PM. <br /> alliope Egloff resumed the Board of Health meeting at 7:28 PM. <br /> Mr. Harrington continued with the differences that the Charter mentions, which are the hiring and firing of the <br /> secretarial, administrator, and health agent. The health agent is directed by the Town Manager and the Board <br /> of Health. The Board of Health members were once elected by the statute control, but since the Charter was <br /> i <br />