09/07/1989 BOARD OF HEALTH Minutes

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�} MINUTES September 7, 1989 3 BOARD of HEALTH essar,y and commented there hasn'A--been a week when its.been under six loads. Mr. Dikagio stated he bid the contract based on three to four loads per weeks because the on-tract stated no commercial rubbish. Mr. Dilaggio questioned the Board as to whether they are supporting his request to bill the school . Mr. Greelish relayed to Mfr. DiMaggio that all estimations indicate no more than four trips per week. Mr, Costa relayed to Mr.. D i Tagg i o that all ,billing was to take place between the school and himself this Board was not to be involved. Mr. Costa reiterated his earlier comments stating in speaking with Town Counsel it was determined that Mr. DiMaggio may bill the school for disposal of rubbish at the landfill h oar r this decision has not been received in writing. Pyr. Costa stated an opinion should be rendered in writing from Town Counsel as to whether the school is covered in the contract or not covered in the contract. Mr. Doherty stated the contract cleariy states that run i n i pa l 'rubbish is included in the town contract however also states that commercial i not and commented Town Counsel , in h'i s- opi-n ion, will say that it is with- in the scope of the contract that the school can dispose of its rubbish there and commented he does not feel that is the contractor' s issue, the contractor's issue is based on good faith and past performance of the town, it was not done that way before and was assumed it- would be con- tinued that way, that lause in the contract was there to protect the tonwhich it it doing, but is doing so at the contractor' s expense. Mr. Costa stated he disagrees with Mr. Doherty' s statement and commented, in his opinion, Town Counsel will render a proper opinion. Mr. Greelish and fir. Costa were in agreeance to accept Town Counsel ' s opinion as the deciding factor, APPOINTMENT: Mark Cohen - Donut- Box Mr. & Mrs. Cohen, sons Mark and David Cohen and ice-President of Fields o i n't Lmt . Partnership John Rent were in attendance for this scheduled appoint- ment. Mr, Costa quoted the- Massachusetts state Drinking Water Regulations, sec- tion ec- tiori 2 .0 , (which defines a non-community system) , Mr. Costa informed the Cohen' s that approval must be obtained fr m D.E.P. and commented -the law 'also indicates that a ,city or- town-'may--not legal l .issue a permit to cont uct a weil or public water system until the plans of such a well have been approved, no permits may be issued prior to approvals. Mr. mark Cohen infowed the Board he brought the issue up before High Wood Water Company for water hooky-up in the future and commented they have agreed to supply water to the site.