11/18/1985 BOARD OF HEALTH Minutes

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J Board of Health Meeting, Novermber 18 , 1985 , Minutes Page two Exec Sec, the manner in which the Town Meeting line item omnibus budget has been adopted, and he didn' t. think that once the line items had been set up the Board of Health did not have the' authority to transfer within a line item budget even under MGL, the supplemental could be kept under 'Expense ' but it is his understanding that it couldn'-t be moved. It is also the understanding of the Exec sec that under chapter 111 this Board would have the sane authority as the school Department but that this Board and the FinCom chose not to go along with a lump sur . The Exec Sec discussed the event in which this Board had requested that Town Counsel be present during the joint meeting with , selectmen the evening when persons from the Ashumet area showed to question this Board re: actions to be taken in that area on health permits . He said that Asst Town counsel had called him late in the afternoon of that day and stated that we had requested counsel, he in turn did not get a reply from ,her and he consulted the sel ctman present in the building (Mrs. T. said that it was she that was present and it -was only after the Exec sec made the decision that he, . when Asst -Town counsel couldn't give a reason (here ho is interrupted by MrsAnderson) Mrs. Anderson: "I beg to dif- fer with you, when I had spoken to her, I -had told her that with all the * phone calls I had had from everybody that was planning on coming from that area, I felt, and I talked to the Board, and they felt that also that we should have a representative from the Counsel only because we did not know what type - of questions would be coming up, that they would answer something and hang themselves . " Murphy said Leslie did not com- municate that to him. selectmen Terry concurred with Mr. Lawrence that if we needed counsel the Selectmen have to provide it, and that in the future if T is in the building on Thursday and the .need is there for representation for the following weekly meeting to request it of Tc. 5 . Roger Michnie is of BSC representing Terry, Dunning & Terry, Noisy Hole Rd. /Route 28 , 19, 000 sq ft office space, with a 2500 gal tank. The well is being done by D.L. Maher. Hoard requested that tank size be increased to 3000 gal.. Rev.ised plan to be submitted. Charles Spohr appeared re : Lot9, Plat 50 wampanoag Ave. , plan was submitted previously and OK'd by Board to relocated 2 wells, he is now asking to relocate only Mr. torr' s well. Approved by Board, send letter. . Correspondence from Air Force and MassANG re: Ashumet plume. The figures were recited by FB .however it is not known what the norms are for these tests. V. Louise Behrman., who is in attendance said that she had called a Mark Forest at Gerry Studds office regarding a toxocologist, these plans .are being formed from their office, Forest is to call Louise Tues. , 11/19/85 . CFB Questioned the meeting -held, at Bourne Town Hall on 11/15/85 . Ms . Behrman requested that the Board request of Town Counsel if there is such as a statue of limitations and what the time span is that we must deal with. . a Ms. Behrman expressed the concern of-,. the residents -o f of fected areas, was there -a statue of limitations regarding any action we hope to take against the Federal government. BOARD REQUESTS A RULING FROM TOWN COUNSEL ON THE LIMITATION, b. Also the concern of Atty Mailloux in having a Water Resource Management Plan, -she suggested that Mr. Mailloux might get something down of paper of a rough outline. BOARD B LEST THE OUTLINE SO THE MIGHT PERUSE.