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MINUTES February 5, 1998 3 BOARD OF HEALTH <br /> adjacent to Ms. Davis' property." "I informed him what the judgment was and he said if <br /> the Water District wants to pay the $500.00 that's fine but if they don't and it falls on the <br /> town he will fully support me in appealing this verdict." "We have ten days in which to <br /> appeal." <br /> Mr. Rich stated, "Ms. Davis met with the Water District Board and they're <br /> position at that time is that they would not abate the $500.00 because making Ms. Davis <br /> hook-up was not something that the district required." "They were more concerned with <br /> setting a precedent that anytime somebody is required to hook-up to public water by the <br /> Board of Health we would have to waive fees." "They were uncomfortable at setting that <br /> type of a precedent." "I have not heard anything that would make me believe that they <br /> have changed their position." "Since the court case I spoke with Ms. Greelish twice and I <br /> guess the issue seems to be here who is the defendant." "If the Water District and the <br /> Board of Health are two different entities, which Ms. Davis doesn't seem to understand, is <br /> the Mashpee Water District a defendant in this case." <br /> Mr. McQuaid relayed, "I just need to know whether the Water District intends on <br /> refunding the $500.00 or not." "If not, I'm going to court." <br /> Mr. Rich stated, "The Board meets next Tuesday so they really haven't had a <br /> meeting since the court action." <br /> Mr. Doherty motioned to direct the agent to appeal the judgment rendered by the <br /> Court Magistrate, Mr. Cram seconded. <br /> 4.) Bi monthly landfill/transfer station inspection report - Acknowledged. <br /> 5.) Proposed warrant article re Stic repair program - Mr. McQuaid stated, "I have <br /> prepared the article for town meeting as drafted by Mr. Gottlieb." <br /> Mr. Doherty motioned to direct the agent to submit the article as prepared for the <br /> Annual Town Meeting warrant, Mr. Cram seconded. <br /> 6.) Proposed tobacco sales regulation - Board members will review for comment at <br /> next week's meeting. <br /> 7.) Annual report - Acknowledged. <br /> 8.) Illegal dumping citation: John J. Smith - Mr. McQuaid relayed, "I was informed <br /> by one of the Conservation Commission members about an illegal dumping area." "I went <br />