1/26/1987 BOARD OF HEALTH Minutes

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f TOWN OF MA9-PEE, BOARD OF HEALTH, MEETING, JANUARY 29, 19 Page two), VP THE CHAIR STATED THAT HE HAD NO PROBLEM WITH THE NATURALLY OCCURRING SAND BE- CAUSE THAT IS WHAT HAS BEEN USED FOR YEARS AND THAT'S NI-lAT IS SAYS IN THE CON so TRACT. Mr'. Diftgio warted clarifi.cation as to where he stood with regards to the buying of the clay and loom,, the contract says it will have previously been stockpiled at the site. . BUC IN N ELABORATED ON THE OPINION FROM TOWN COUNSEL AND THE CONTRACTUAL OBLIGATIONS OF THE CONTRACTOR AND IN THE THE THIRD PARAGWH, 'YOU MAY HOT DE- DUCT' (STARTING FPM'THE BEGINNING OF LETTER), IN THE SECOND PARAGRAPH, "IT IS CLEAR FROM THE SPECIFICATIONS OF THE CONTRACT THAT THE OPERATOR IS REQUIRED TO FURNISH AND PAY FOR FILL MATERIALS NECESSARY TO COMPLY WITH THE SPECIFICATIONS OF DEQE", -THE THIRD. P H' "IT IS MY UNDESTANDING THAT NSR* DIMAGGIO IS MAINTAINING THE POSITION THAT HE ANTICIPATED BEING ABLE TO USE MATERIAL FROM THE SITE FOR THE PURPOSE OF COVER, THIS MAY BE A PRACTICAL VIEW BY MR DIMAGGIO BUT IT.DOES NOT CONSTITUTE A LEGAL DEFENSE OF AN ORDER BY THE BOARD OF HEALTH TO OBEY' THE SPECIFICATIONS WHICH MAY IN TURN REQU I PE MR, DIMAGGIO TO INORT IMPERVIOUS MATERIAL AND SWING MATERIAL IN ORDER TO BRING THE OPEPATION INTO CffLIANCE WITH THE DEQE REQUIREM ENTS". THE CONTRACT, AS I UNDERSTAND IT FROM TOWN COUNSEL' VIEW REQU I RES THAT YOU OPERATE THE LANDFILL IN ACCORDANCE WITH THE MASS, PUBLIC HEALTH DEQE REQUIRMY FOR LANDFILL OPERATION IN WHICH THEY DESCRIBE AS INTERMEDIATE COVER MATERIAL AND SRALL BE AND WHAT SHALL BE CONSIDERED S A CLOSING COVER MATERIAL. DiMa gio: "I have what it says i 'Specifications for Operation of Landfill, The Board of Health, Town of Mashpee' , and that is where it says, THESE MA- TERIALS aiAL..L HAVE PREVIOUSLY BEEN STRIPPED AND STOCKPILED AT THE SITE, right on those specifications". THE AST CITED THAT A-SO ON THE SPECIFICATION, PAGE 2, UNDER ITEM 2, OPERATION,, IT STATES; "UNLESS 011HERWISE SPECIFICALLY STATED, THE CONTRACTOR WILL FURNISH AND PAY FOR ALL MATERIALS, LABOR, TOOLS, EQUIPMENT, TRANSPO ATION, SUPERIN- TENDANTS, TW ARY CONSTRUCTION OF ANY NATURE." Mr, D i Nbgg i o fe 1 t there was a contradiction of the documents. THE AGENT CONTINUED, "SO THEN IT GOES ON AND STATES THAT YOU CAN USE WHATEVER IS THERE BUT IF IT IS NOT THERE, THEA YOU HAVE TO SUPPLY IT." M'. DiMagg io asked/stated that if it is there on the acreage that is not berg u sed, then he shou l dry r t have to buy i t. He asked for the feeling of the Board he wanted to know where he was at right now, so that he knew what he was up a- gainst - g .inst and whether he had to bring a counsel in on this,, he persona I ly feels that he has worked this dump more than it has been worked in the past twenty years. He c 1 a i res he has a maz i mum amount of work going on there and that he had three to four hundred yards of metal left by the previous contractor, which was not his respons i b i l i ty, in addition, he rep l aced the tra i 1 er that was on site because the previous one was not fit for han hab i tati on, it was left in there with a stove converted frm a smll oil dnn, it might suffice some peo- ple e - ple but he soesn't operate like that. The exposed area of garbage along Asher Path was placed there years ago and is now being gashed away, becaue the slopes were a straight drop-off and not. ar B to 1 slope the way it is supposed to be. THE CHAIR SAID HE WOULD LIE TO ANSWER HIS THINKING NG AS A MEMBER OF THE BSD, HE HAD GONE INTO THE DUvP AND RODE AROUND, SAW DIMGGIO'S MEN BUT DIDN'T TALO TO ANYBODY: HAVING SEEN THE LANDFILL UNDER TSI I S BOARD AND UNDER OTHER CONTRAC- TORS, HE WAS NOT HAVING A G REAT PROBLEM WITH TH THE LANDFILL, THE REASON THIS IS COMING ON IS BECAUSE OF WATER PROBLEMS ACROSS THE STREET, DEQE IS I NVO LVED AND THEM ARE ON OUR BACK. "I'M LOOKING AT WHAT YOU HAVE DOME AT THE LANDFILL AND