7/6/2017 BOARD OF HEALTH Minutes

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Attorney Wall stated that his client contends he provided the occupant list with each payment. Mr. Harrington commented that an occupant list was never forwarded with each payment. Attorney wall expressed that the fine of$11,400 is excessive. Mr. Harrington stated that according to the Board of Health regulations, the park owner is required to maintain a ledger of the tenants in occupancy. The Board of Health has the authority to view the register at any time, There is no on-site manager at the parr. Therefore, no one is in the office to meet with the Health Department to review the ledger. In the past 10 years only 11 occupant lists have been provided. The occupant list was not provided in September of 2016, and one was not forwarded until February 7, 2017. The contention that a list was submitted in January 2017, December 2016, and October 2016, is incorrect. No lists were received. order letters were issued January 13, 2007, .January 27, 2007, April 30, 2007, and May 14, 2008. They were notified to comply with the law 10 gears ago and still failed to meet the terms. Brian Baurrigaertel remarked that the law specifies the occupant list is to be submitted to the licensing authority, which is the Board of Health. If it was forwarded to the wrong location, it is not the duty of the Board of Health to track down the list. Attorney Wall claims this is a first offense and his client should receive leniency. No fine was ever issued until recently. Laurel Almquist remarked that Lakeside Estates has had several opportunities to produce the list. Brian Baumgaertel stated that he would like to see some of these issues resolved with Lakeside Estates. Fines have been reduced in a couple of previous cases. Mr. Baumg aerie! would I i ke a resolution to this and is amenable to a reduction in the fine as long as it resolves the situation. Ms. Almquist agreed with Mr. Baumgaertel in reducing the fine and concluding the matter. Mr. Baumgaertel is in favor of reducing the fine to 0 per day of the violation for a total of$2,280.00, so that this issue can be resolved. Laurel Almquist made a motion that the Board of Health reduce the fines for the Occupancy List violations for Lakeside Estates to o per day for a total of$2,280.00 to be paid within 10 days or the Board may revisit-the situation to possibly levy fines of a (nigher amount. Brian Baurngaertel seconded the motion. The motion was unanimously approved. 7:35 Bbl — Bearing for Low Water Pressure— Unit#8, 300 Nathan Ellis highway. Glen Harrington stated that on April 6, 2017, the Board voted to have the water line dug up from the point of connection to the main trunk line. No work was scheduled, no work had been performed by Lakeside Estates and no contact was made with the occupant of Unit#8. At this point no further information has been provided. Attorney Brian wall, representing Lakeside Estates,f introduced himself to the Board. Attorney Wall commented that he has the same procedural arguments as in the previous hearing. The Board members stated that they are confident enough to continue with the hearing from the date of violation to the present. Attorney ball remarked that on October 14, 2016, the.occupant of Unit#8 Lakeside Estates filed a complaint of low water pressure in her unit. The Assistant Health Agent performed an inspection where the water pressure was tested during use and found the reading to be below the 20 psi or the minimum for the Sanitary code. on October 17 2016 an order letter was seat notifying the parr operator. On December 28, 2016, a notice was issued fining Lakeside Estates for allegedly failing to comply with the Boards order. Lakeside Estates requested a hearing. 4 :.