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MINUTES January 19, 1995 7 BOARD OF HEALTH <br /> Mr. Evans stated, "I think Joe is within his rights to say, hey you can't comes back <br /> here until this is resolved." "It doesn't mean you can't come in anymore because that <br /> means forever." "I think if we all take it in that vein, everybody makes a mistake now and <br /> then and so we need a little bit of reminder." <br /> Mr. Ball stated, "We are agreeing on the 12 yards." <br /> Mr. DiMaggio stated, "If it's under or over he will have to see me first." <br /> Attorney Watt questioned, "Does this fall under Mr. DiMaggio's contract with the <br /> town to run the demolition, the aspect of this?" <br /> Mr. Ball requested Mr. Doherty respond to dhe question - Mr. Doherty stated, <br /> "The original contract doesn't because when the contract was originally drawn up we <br /> were discouraging this type of operation." "When time went on we found there was <br /> definitely a need for it." "We drew up a separate arrangement whereby, the contractor <br /> would perform the services of grinding up the demolition and what have you." "At that <br /> particular time we set up the fee schedule." "The fees have to be approved by the Board <br /> of Health, they can't be changed without our approval." "That is drawn up as a separate <br /> agreement or an addendum to the contract." "When the contract comes up for renewal, <br /> then it will probably be incorporated." "Quite frankly, we didn't want to go through the <br /> expense of having a change order to the contract at that particular time so we just set it up <br /> as a separate agreement." <br /> Attorney Watt stated, "When I reviewed the contract today, it seemed to subsume <br /> this operation here." "In fact, the contract said there will be no commercial refuse in roll- <br /> offs." " The problem here is that there is vagueness in exactly the procedure that one has <br /> to follow." "In other words, "Mr. DiMaggio your employees didn't necessarily follow the <br /> proper procedure by issuing a slip for each time the truck went in." "You went on oral <br /> representations and then 8 loads later everybody is in disagreement." "Maybe the Board <br /> would consider setting forth some more specific regulations for that." <br /> Mr. Ball stated, "We will because of this instance but on the other hand Mr. <br /> Gangemi has been dealing with this for a few years." <br /> Mr. Doherty stated, "He is required at any time specifically, if someone requests it <br /> to provide a receipt for each transaction and the Board requires he keep records of those." <br /> "Now the reference that no commercial refuse will be accepted, that refers to the <br /> commercial trash hauler's that have the packer trucks." "That must go to the transfer <br /> station at Otis, it is not accepted here." <br />