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Home My WebLink AboutBOH Exec Minutes 1991/1993/1994BOARD OF HEALTH NOVEMBER 18, 1993 NOT FOR PUBLICATION EXECUTIVE MINUTES j MEMBERS PRESENT: Clerk Donald Steele, Peter Fontanini and Carol Sosman and Henry Austin ALSO PRESENT: Health Agent Scott Leite Brugliera: Agent reported that he reviewed the file Town Counsel passed on and met with special attorney Joe Hannon. Mr. Hannon said that one avenue to take would be to suggest to Mr. Brugliera's attorney to request a variance. Health Agent compiled a map showing various groundwater levels in the area. Pretrial is December 29th. Elms Subdivision: Peres will be taken on the Ash property across the Wading River soon. MOTION: To adjourn Executive Session at 10:12 PM and return to Open'Session for the sole purpose of adjourning. Fontanini / Sosman. Roll Call Vote. All in favor. Respectfully submitted, Dianne Royle Recording Secretary for Content by Clerk Ite Date BOARD OF HEALTH OCTOBER 21, 1993 MEMBERS PRESENT ALSO PRESENT: 0,- l fli 'j -0 7a NOT FOR PUBLICATION EXECUTIVE MINUTES Chairman Michael VanSplinter, Clerk Donald Steele, Peter Fontanini and Carol Sosman Health Agent Scott Leite Agent reported that special attorney Joe Hannon spoke with Bob Mangiaratti, Town Counsel, re: Brugliera case. Town Counsel has recently determined that this case involves groundwater protection, which the Board had been aware of, and, of course, Joe Hannon, who specializes in environmental law. MOTION: To direct Agent to ask Town Manager for permission to hire Joe Hannon, since he is specialized in environmental law. Fontanini / Sosman. Roll Call Vote. All in favor. VOTED Agent warned that new costs will be incurred since we are starting with a new attorney and we may lose some time in rescheduling with the Court. Also, as important, we may have started a war between Town Counsel and the Board of Health. Respectfully submitted, Dianne Royle Recording Secretary /1 /Z for Content /by,-)Clerk Date 9br BOARD OF HEALTH AUGUST 1, 1991 MEMBERS PRESENT ALSO PRESENT NOT FOR PUBLICATION EXECUTIVE MINUTES L . ,, _,; ,.. ,. I I 1 1, r; d 1 -t. ". ! i Chairman Michael VanSplinter, Clerk Donald Steele, Peter Fontanini and Edward Rosenberg Health Agent Scott Leite Town Counsel was denied by the Court a note against the property owned by Mr. & Mrs. Parsons, Goward Drive. The note would have stated that the septic system had been installed too low. As stated in the last Executive Session, Counsel was waiting for a different judge to try again. The same judge, however, is scheduled. Counsel will try again anyway. If judge says "no" again, Agent will start proceedings for condemnation on Parsons' property. Mr. Brugliera, Goward Drive, will be disposed soon. MOTION: To adjourn Executive Session at 9:25 PM and return to Open Session simply to adjourn. Fontanini /Rosenberg. Roll Call Vote. 3 -0 VOTED Respectfully submitted, Dianne Royle, Recording Secretary for i s oily n H, 40) �J oily -�) ,l.I BOARD OF HEALTH EXECUTIVE MINUTES June G, 1991 NOT FOR PUBLICATION MEMBERS PRESENT: Chairman Michael VanSplinter, Clerk Donald Steele, Peter Fontanini, Henry Austin ALSO PRESENT: Health Agent Scott Leite Mr. Parsons, Goward Drive, moved to South Carolina, wants to sell his house. Puts different perspective re: litigation. Agent reported TruGreen and Tuckahoe have applied liquid fertilizers without the proper permit. Concensus is to pursue penalty according to reg. MOTION: To adjourn Executive Session and return to Open Session for the sole purpose of adjourning. (9:55 PM) Rosenberg /Austin. Roll Call Vote. 5 -0 VOTED EXECUTIVE SESSION Not to be Released for Publication BOARD OF HEALTH MARCH 21, 1991 MINUTES MEMBERS PRESENT: Chairman Michael VanSplinter, Clerk Donald Steele, Edward Rosenberg, Henry Austin ALSO PRESENT: Health Agent Scott Leite Town Counsel, Bob Mangiaratti, suggested that a temporary restraining order be issued to Mr. Parsons, Goward Drive, to prevent use of the septic system. That would force him to repair the system to meet Title V State requirements. MOTION: To direct Town Counsel to proceed as he recommended. Rosenberg /Austin. Roll Call Vote. In favor, Rosenberg, Austin, Steele, VanSplinter. No opposition. MOTION: To adjourn Executive Session at 9:25PM. Rosenberg /Austin. Roll Call Vote. In favor, Rosenberg, Austin, Steele, VanSplinter. No oppostion. Approved for Release BOARD OF HEALTH EXECUTIVE MINUTES TS FEBRUARY 21, 1991 NOT FOR PUBLICATION MEMBERS PRESENT: Chairman Michael Vaniplinter, Edward Rosenberg, Henry Austin ALSO PRESENT: Health Agent Scott Leite James Dunn, Dunn Engineering, admitted the systems were installed too Low at the residences of Bragliera and :arsons, Goward Drive. He also said, at the disposition, that there was never a plan drawn to show the changes- Brugli r,a says there is a plait_ Mr. Dunn said that he was not aware that the Board of Health adjusts groundwater Levels when oerc testa are approved. Hr. Brugliera is opposed to fining his system. Mr. Parsons should really drop is suiL against the Town since there is na basis for 3 stilt.. Health Agent will keep everyone posted. MOTION: To adjourn Executive lesion at 8.50 Pit. Rosenberg /Austin. Roll Call Vote. Rosenherg, p}ust.in, VanSolinter in favor. Ho - pposition. Approved for Release BOARD OF HEALTH EXECUTIVE SESSION February 7, 1991 NOT FOR PUBLICATION Members present: Chairman Michael VanSplinter, Edward Rosenberg and Henry Austin Also ppresent Health Agent Scott Leite On February 14, 1991, James Dunn, Dunn Engineering, will be deposed by Town Counsel, Bob Mangiaratti, for the Brugliera /Parsons case. Agent will also be present. Agent will also calculate various groundwater elevations at various times to use in the defense of the Town. MOTION: To adjourn Executive Session and return to Open Session to solely adjourn. Rosenberg /Austin. Roll Call Vote. Rosenberg, Austin, and VanSplinter in favor. No one opposed. Respectfully submitted Dianne Royle, Recording Secretary Release BOARD OF HEALTH January 6, 1994 MEMBERS PRESENT ALSO PRESENT: NOT FOR PUBLICATION EXECUTIVE MINUTES cr �' �`' --; ,, 11:1;0 I "', Chairman Henry Austin, Clerk Donald Steele, Carol Sosman and Gary Forget Health Agent Scott Leite and Attorney Joseph Hannon Brugliera: Atty. Joseph Hannon briefed the Board on the litigation pending. He commented that since Mr. Parson's case, (neighbor to Brugliera, Goward Drive), is over, that leaves Mr. Brugliera free from any payment to Parsons. (Brugliera was builder of Parson's home.) Atty. Hannon gave each member a copy of his letter to Atty. Nugent (Nov. 10, 1993) and Atty. Nugent's fax to Mr. Brugliera, Dec. 29, 1993, re: settlement proposal. Atty. Hannon asked for the Board's concensus on which way to proceed. Continue with court, which can be costly, or attempt a settlement by asking Mr. Brugliera to apply for a variance. Either approach could have the same end result - -only the cost of achieving it could be different. Concensus was to attempt a settlement out of court; however, hanging tough, yet softening the wording (from the Nov. 10th letter) in the counter proposal. Board wants this case to end, but does not want to give in and detract from Title V law. MOTION: To adjourn Executive Session at 10:12 PM and return to Open Session to continue the meeting. Sosman /Forget. Roll Call Vote. All in favor. Respectfully submitted, Dianne Royle Recording Secretary Clerk i -4J 9 to /;,o • 9. ' Date