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' 5 Mr. Doherty stepped down on this issue due to a conflict of interest. Ms. Warden stated that this was Mike's Service Station's third violation. The fine this time is $300.00. Mr. Ball made a motion to issue a$300.00 fine to Mike's Service Station, Route 130, Mashpee, for the third violation. It is to be delivered by a police officer by hand. Certified mail did not work the last time. Mr. Santos seconded the motion. Motion passed. b. Transfer Station Damning Mr. Ball brought up the issue of the illegal dumping that has been occurring at the transfer station over the last five weeks. He spoke with Greg Taylor of the DPW and Selectman David Leveille. Mr. Ball felt that there has been some miscommunication between departments. He feels that it is not the Selectman's place to direct a health or assistant health agent to issue or not issue a fine whether it is public or private property. What he would like to do is to direct the assistant agent, Veronica Warden, to issue the citation to the people who are illegally dumping into the Salvation Army box. Mr. Doherty agreed with Mr. Ball's recommendation. He also felt that the BOH had an obligation to protect the.taxpayers who are the ones ultimately being hurt by these types of actions. He felt that just because the DPW took over the transfer station did not eliminate the BOH's responsibility to follow through on certain issues that transcend departmental jurisdictions. The BOH could not fine them for not having a dump sticker that would be up to the selectmen. However, they could still fine them for illegal dumping. OLD BUSINESS a Health Agent Salary The BOH Members discussed Article 15.2 regarding the Health Agent Salary issue. Mr. Doherty inquired as to the definition of'The Board" in this article. He wanted to know if the Article was referring to the Board of Selectmen or the Board of Health in stating that 'The Board may authorize hiring at another step within the position grade." Ms. Warden felt that the Article 15.2 was a general paragraph that did not specifically relate to the hiring of the Health Agent, but to any potential new hire/union member. Mr. Doherty also inquired as to whether or not the BOH could invoke Massachusetts General Law Chapter 27, which says that the BOH can authorize hiring at another step within the position grade within the parameters and constraints of the collective bargaining agreement. Mr. Santos quoted the following from the Massachusetts General Law 111 Chapter 27 "...The Board have had exclusive authority for established salaries. Those salaries are subject to the provisions of the budget law. General Law 44 Section 31. In addition, Boards of Health should be aware that union issues are governed by Federal Labor Laws that pre-empts states' law. As a result the Board of Health is restrained by Labor Law and cannot ignore union issues." Further discussion resulted in the BOH Members coming to the conclusion that they are working within the confines of the 'laws" and "agreements" by which they are governed on all The Board of Selectmen has the final sa level State,Town and Union. Th Y so on what step the new employee should be hired at. Although the Board of Health could push the issues. "If the Board places a new employee a step higher than an employee currently holding the same title then the union should be notified in writing as for the reasons for it's actions." However, there is no employee currently holding the same position. Ultimately, the BOH members decided that they would wait and see how the Board of Selectmen proceeds on this matter.