Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
TOWN OF MASHPEE
BOARD OF HEALTH – EXECUTIVE SESSION
Minutes of the Meeting of Wednesday, April 14, 2010
Board Members Present: Absent: Also Present:
Burton Kaplan, Chairman Lucy Burton, Clerk Glen Harrington, Health Agent
Kalliope Egloff, Co-Chairman
Chairman Burton Kaplan called the meeting to order at 8:05 PM.
Glen Harrington referred the Board to an email dated 4/08/10 received from Jena Caruso Munoz, attorney assistant to Town Counsel, in which she refers to an email received from Sharon M. Petrillo, attorney for Mr. Haney of MEZ Realty, which states that her client has rejected the Town’s offer to pay $10,000 in exchange for a mutual dismissal of all claims and counterclaims. Mr. Haney has proposed a counter offer which states that in exchange for the dismissal of all claims and counterclaims in this action, he will forthwith take any and all steps to remove a mobile home belonging to Stephen Powers, located on site # 91 at Lakeside Estates, and clean up the site removing all trash and debris. In her email to the BOH, Ms. Munoz requests that the BOH notify her as to how they wish to proceed, and offers three alternative
actions:
1) accept the offer from Mr. Haney and dismiss the case
2) decline the offer and make a counteroffer
3) decline the offer and move forward with the litigation
Glen Harrington stated that his recommendation was to offer $5000 in cash with removal of the mobile home at 91 Lakeside Estates, and if the offer is rejected, then move forward with litigation.
Kalliope Egloff stated her opinion that the Board should offer $7500 with removal of the mobile home at 91 Lakeside Estates, and then offer $5000 if the offer is refused.
Kalliope Egloff made a motion that the BOH authorize Town Counsel to negotiate a settlement offer of the fine to be reduced from $10,000 to $7,500 with the removal of the mobile home located at 91 Lakeside Estates with cleanup and removal of all trash and debris as well. Burton Kaplan seconded the motion.
Roll Call Vote: Kalliope Egloff, yes; Burton Kaplan, yes.
The motion was unanimously approved.
Burton Kaplan asked about an appeal by Mr. Haney which states that the Water District has no jurisdiction over water pressure, and that authority falls to the DEP. Glen Harrington stated that the town has authority to impose more stringent requirements than the state.
Glen Harrington stated that the Bourne Board of Health is having trouble with one of their trailer parks, and they conditioned the trailer park’s permit to have an emergency person available 24/7. Glen Harrington stated that the regulation says that DEP has the right to come in and do the testing for the water, and if there is any source of contamination, then the BOH is notified and has the right to close the water supply, all of which has nothing to do with the water pressure.
Glen Harrington stated that Town Counsel is happy with our position, because the regulation and what the BOH has done is based upon the rules.
Burton Kaplan asked Glen Harrington to confirm that the DEP document that fined MEZ $7000 is based on $1000 each of 7 specific instances, and asked him to check those dates against our dates to ensure that there is no double-dipping of fines.
Glen Harrington stated that he is going to have the plumbing inspector go out to the property with either Veronica Warden or himself to check on the following:
- identification of the trailers with no water filters
- get occupants’ signatures stating that the BOH has the right to be on their property
Kalliope Egloff made a motion to adjourn the executive session of the Board of Health. Burton Kaplan seconded the motion.
Roll Call Vote: Burton Kaplan, yes. Kalliope Egloff, yes.
The motion was unanimously approved.
The meeting was adjourned at 8:30 PM.
Respectfully submitted,
Ina G. Schlobohm
Recording Secretary
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