Town of Mashpee
16 Great Neck Road North
Mashpee, Massachusetts 02649
BOARD OF HEALTH – EXECUTIVE SESSION
Mashpee Town Hall – Conference Room #1 – Waquoit Meeting Room
Minutes of the Meeting of Wednesday, April 10, 2013
Board Members Present: Also Present:
Burton Kaplan, Chairman Glen Harrington, Health Agent
Kalliope Egloff, Co-Chair
Lucy Burton, Clerk
Chairman Burton Kaplan called the Executive Session meeting to order at 8:02 PM.
1. 170 Mashpee Neck Road: Negotiations with Bank regarding Fine.
Burton Kaplan stated that Glen Harrington received an email from Attorney Davis offering $4,000 to settle the amount owed of over $42,000. Mr. Harrington is pleased that Bank of America has finally contacted the Board of Health.
Glen Harrington stated that the money owed to the Mashpee Department of Public Works for the labor to clean up the site at 170 Mashpee Neck Road has been paid to the Town of Mashpee by Bank of America. It was about $350 for cleaning the area, boarding up the garage, and removing some items.
Glen Harrington commented that the $42,000 fine was accrued on a daily basis through the violation of not cleaning up the property. The fine was $100 per day beginning November 29, 2010, and continued until April 23, 2012, 412 days of non-compliance. Bank of America assumed ownership on February 22, 2013.
Burton Kaplan questioned whether or not there was a foreclosure auction. Normally, foreclosure auctions discharge previous obligations. Mr. Harrington stated that there were 3 auctions for this property, and Bank of America bought the property back each time.
Glen Harrington remarked that during the process of trying to clean up the property, at least a dozen people wanted to purchase this property. Mr. Harrington assumed that perhaps the Bank did not have possession of the property and could not sell it because it was in the foreclosure process.
Mr. Harrington commented that the Board should allow the Bank to move forward. Mr. Harrington would like to cover the expenses that the Board of Health and Town Counsel have expended on the property at 170 Mashpee Neck Road.
Lucy Burton commented that it is rare that money is received for some of these issues, especially where huge amounts are due. Ms. Burton believes it would be a burden on the ownership, the transfer, and the progress of moving forward on the property at 170 Mashpee Neck Road if a settlement is not reached.
Glen Harrington stated that back on December 17, 2010, a letter was sent to Stanton and Davis, and Attorney John Davis is still representing the Bank. This law firm was given original notification when the property at 170 Mashpee Neck Road went into non-compliance.
The Board members agreed to accept the $4,000 offered by the Bank so that the property at 170 Mashpee Neck Road can be repaired and sold.
Lucy Burton made a motion to accept the $4,000 settlement for 170 Mashpee Neck Road pending an accounting of time and money spent out-of-pocket on the property. Kalliope Egloff seconded the motion. The motion was unanimously approved.
Roll Call: Lucy Burton, yes; Kalliope Egloff, yes; Burton Kaplan, yes.
Kalliope Egloff made a motion to adjourn the Executive Session Meeting of April 10, 2013. Lucy Burton seconded the motion. The motion was unanimously approved.
The Executive Session meeting was adjourned at 8:09 PM.
Respectfully submitted,
Frances Boulos
Administrative Assistant
Mashpee Board of Health
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