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Home My WebLink AboutBOH Exec. Minutes 1988-1989Not For Publication BOARD OF HEALTH EXECUTIVE MINUTES October 5, 1989 CHIEED R lit_ z a � qq r Members present: Chairman Edward Rosenberg, Clerk qq M�efl��12�a�'s;� Yn�Pr, Peter Fontanini, Donald Steele, Frank Zarek, t, IELD 1-1 Also present Health Agent Scott Leite H`IAC A C USE ITS Health Agent updated Board of litigation with Malcolm Post who owns apartment complex off Stearns Ave. (Bristol Arms). The bank that foreclosed on this property is also involved and they are willing to pay for a forced main to eventually sewer this property. There will be no cost to the Town. Agent would like the Board to support this concept. MOTION: To support concept of a forced main for Bristol Arms area (including Edgewood). Zarek / Fontanini. Roll Call Vote. VOTED. Returned to open session at 9:15 PM. MOTION: Move to adjourn executive session and return to open session. Zarek /Steele. Roll Call Vote. VOTED. Respectfully submitted, Dianne Royle, Recording Secretary r6/y1� Release for publication: z C�ICI Cl rk Date BOARD OF HEALTH EXECUTIVE SESSION RECEIVED July 6, 1989 MINUTES TOVYIH OF F'`iAN -1E i D 90 SEP 25 N-i 2: 10 MOTION: To go into Executive Session. �' A"SFI ED (Fontanini- Steele) All in favor. PASSES. HIA SS ;CHUS E`I S Health Agent brought the Board up to date on the Post case, and explained that the state cannot tell Mr. Post how to solve the problem, but can give him options. The Board expressed concern that none of the options will get the problem solved, which is their main worry. Health Agent suggested that the Board get together and take a stand on the issue, and tell the Sewer Commission how they would like to take care of the problem. Health Agent requested that the members consider this problem and how it can be solved. MOTION: To go out of Executive Session. (Fontanini- Steele) All in favor. PASSES. Respectfully Submitted, Jennifer Crotty, Recording Secretary Clerk Date Release for publication: Cle k D to BOARD OF HEALTH EXECUTIVE MINUTES April 6, 1989 WITHHOLD FROM PUBLICATION 0\111 Members present: Chairman Edward Rosenberg, Clerk Michwlswrasl &u ,11 Donald Steele, Peter Fontanini D. Also present Health Agent Scott Leite and Joseph Hapwq{ysuigAL) Discussion began at 7:35 PM. Attorney Hannon was present to bring Board up to date on the two pending litigations. Attorney Hannon feels that the first case, Swidler vs. Board of Health and DEQE will be dismissed. The second, Post vs. Board of Health involves zoning. The question is: What would the Board of Health prefer for a settlement, small on -site sewage plant or extending the sewer line and hooking up to the town's sewage system? Members recommended town's sewage system. Board was concerned with problems that may arise with small on -site treatment plants. Board also recognized the fact that if the sewer line was extended, then that would encourage more development on Lots 1 and 2. Chairman suggested that the Selectmen be informed and concur with the Board's recommendation of town sewage. MOTION: To adjourn Executive Session at 8:05 PM and return to Open Session to continue regular meeting. Fontanini /Steele. Roll Call Vote. Fontanini, Steele, VanSplinter and Rosenberg in favor. VOTED. Release for publication: ' / <i'tikr{(iJ Date ��G BOARD OF HEALTH EXECUTIVE MINUTESRECEIVE0 February 16, 1989 �llVN [.J j';t`. �sr l WITHHOLD FROM PULMUTION 90 SEP 25 AN 2: 10 Members present: Chairman Edward Rosenberg, Clerk Michael Van Splinter, Donald Steele, Peter Fontaninit i / \Ia''a! IL LO n' SS' CRUSE V TS Also present Health Agent Scott Leite Joseph Hannon was present to give an update on the two pending cases, i.e., Post vs. Board of Health and Swidler vs. Board of Health and DEQE. Mr. Hannon met with Reid Zars, Ass't District Attorney, to coordinate these cases. There is also a case, Post vs. DEQE, in which a decision has been made. Mr. Hannon will file with the court a Motion to Dismiss Complaint for Declaratory Judgment in the Malcolm B. Post, Trustee, Mansfield Associates Realty Trust, Plaintiff vs. Town of Mansfield, and Edward Tartufo, Peter Fontanini, Donald Steele, Edward Rosenberg, Frank Zarek, in their capacity as members of the Town of Mansfield Board of Health, Defendants. He will also file a Motion for Leave to Plead Counterclaim in the S. Zachary Swidler, Trustee, Erick Road Realty Trust, Plaintiff vs. Town of Mansfield, and Edward Tartufo, Peter Fontanini,Donald Steele, Edward Rosenberg, Frank Zarek, in their capacity as members of the Board of Health, S. Russell Sylvia, as he is Commissioner of the Department of Engineering, and James M. Shannon, as he is Attorney General for the Commonwealth of Massachusetts, Defendant. Each member received a copy of the motions and Attorney Hannon explained them. He commented that he feels the Board of Health is in good shape. He will keep everyone posted. MOTION: To adjourn executive session and return to open session in order to continue regular meeting. VanSplinter /Steele. Roll Call Vote. VanSplinter, Steele, Fontanini and Rosenberg in favor. WITHHOLD FROM PUBLICATION Respectfully submitted, Dianne Royle, Recording Secretary ( Release for publication: Clerk / DAte BOARD OF HEALTH EXECUTIVE MINUTES January 9, 1989 R'_GI_i�, E0 y ICI;`; +.� 'L!`,?:_I li_I_i) NOT TO BE PUBLISHED UNTIL RELEASED BY THE BOARD OW HrA: N NN 2: 10 Present: Chairman Rosenberg, Clerk VanSplinter, McMU�,,SItS�t�,w and Fontanini, Health Agent Leite MASS ACI )USE i TS Health Agent reported that Edward Troy did not show up for his trial. There is a warrant for his arrest and is continued till March 15th, 1989. MOTION: To begin proceedings to condemn the four units at 171 Ware St. Steele /Fontanini for purpose of discussion. Member Fontanini asked what effect does this have on the tenants. Troy pays 50% and State pays 50% of moving expenses when house is condemned. Mr. Troy totally and continually ignores the problem and he must pay consequences. Chairman called for vote. All in favor. Roll call vote. Rosenberg, Steele, Fontanini, VanSplinter. VOTED. Health Agent reported that the Post case seems to be approaching a settlement. MOTION: To leave Executive Session and return to Open Session. Fontanini /Steele. All in favor. Rosenberg, Steele, Fontanini, VanSplinter. VOTED. Respectfully submitted, Dianne Royle, Recording Secretary -W-* Q17crk Date BOARD OF HEALTH EXECUTIVE MINUTESj nECt,I�.�cO December 15, 1988 �[ Gi I -.( NS ( 90 SEP 25 AM 2: 10 NOT TO BE PUBLISHED UNTIL RELEASED BY BOARD OF HEALTH t;1,.; -Ii"( iU Board Members met Joseph Hannon, Attorney. He lightly reviewed the Post and Swidler cases and if hired by the Board of Health, will.return to discuss strategies for the Swidler vs. Town of Mansfield. Post case is before Appeals Court and no decision has come down yet. This decision could have a bearing on Swidler case. There are personal lawsuits against each Health member. Mr. Hannon will have those dismissed. His rate is $75.00Jhour. He will put together a strategy and return to the Board. Discussion ended at 8:50 p.m. Troy Health Agent reported that the District Attorney's office is handling the Troy case. Agent went to Court on December 15th. Mr. Troy's attorney was not present. Judge was not pleased. Troy maintains there is no problem with the septic system. Both parties presented photographs of failed septic system. Case continued to January 6, 1989 at 9:00 a.m. MOTION: To adjourn Executive Session at 8:55 p.m. and return to Open Session to continue regular meeting. SteeleJVanSplinter. All in favor. VOTED. &J (� ----__ - 4-- Clerk Date I Released for publication Signature and Dat C'(1, MINUTES EXECUTIVE SESSION BOARD OF HEALTH June 16, 1988 WITHHOLD FROM PUBLICATION �0l, qq pp�_� t C� Members present: Chairman Edward Rosenberg, Clerk Michael�Vh JtS Ln� r9 Peter Fontanini, Donald Steele. Also pre ent, Hea�th'A _nt, Scott Leite� Edward Troy, Ware St., failed septic system. Health Agent will file a complaint every time he witnesses the septic system overflowing. Swidler Case: On Monday, June 13th, Health Agent and Town Counsel gave a deposition. Next day, Grefe filed papers against Town Counsel and Town of Mansfield. However, he put the wrong date, May 15th instead of June 15th. Court threw it out. On June 15th Town Counsel drafted a motion to dismiss Swidler suit, Lot 2. MOTION: To adjourn Executive Session and return to Open Session for the sole purpose of adjourning. VanSplinter / Fontanini. Roll Call Vote. Steele, Fontanini, VanSplinter, Rosenberg voted yes. Release for publication: C er c - Die EXECUTIVE SESSION MINUTES rI�'�1/CD (Withhold from publica�3�gp�,� April 21, 1988 90 S2P 25 Ail 2: 10 Members present: Edward Rosenberg, Chairman, Michael V ;1S,RWn P Clerk, Frank Zarek. `I''Hot [t iii, SS /`%C1 iLl SETT S Also present Health Agent, Scott Leite and Town Counsel, John Dwyer and Edward Tartufo, former Board of Health member Discussion involved pending litigation with Malcolm Post and Zachery Swidler, Trustee and the Town of Mansfield. Mr. Tartufo is named in the suit since he was Chairman of the Board of Health at the time of alledged violation. Malcolm Post case is against the Townaof Mansfield. Swidler is against the Board of Health and the Commonwealth of Massachusetts. Two separate cases. One project (Edgewood Condos). Three parties. Edward Tartufo's deposition is scheduled for Monday, April 25, 1988. Scott Leite's deposition is scheduled for Wednesday, April 27, 1988. Town Counsel will ask for a continuation for Mr. Leite's deposition since he has another court date set for April 27th. Ed Troy Failed Septic System Health Agent will go to court on Wednesday, April 27th to hear the Troy case for failed septic system. MOTION: To adjourn Executive Session and return to Open Session to continue regular meeting. Zarek /VanSplinter. Roll Call Vote. VOTED. Release for publication: �&/&Y /jx C? A1�) Jerk Yf ate