5/9/2007 BOARD OF HEALTH Executive Session

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i i `OWN OF MASHPEE BOARD OF HEALTH - EXECUTIVE SESSION Minutes from the Executive session of Wednesday, Ma , 2007 Burd Members Present: Also Present: Steven Ball, chairman Glen Harrington, Heath Agent Lucy Burton,Vice Chairman Veronica Warden, Assistant Health Agent Glenn Santos, clerk Steven Ball called the Executive Session to order. Roll Call: Glenn Santos, Steven Ball, Lucy Burton, to address potential litigation regarding Mobil. Glen Harrington: Town counsel called me today and said that Mobil had hired an attorney named Torn Evans from Boston, I don't have the name of the firm, but Pat Costello, our Town Counsel said that it was Mobil's asserfion that the last decision by the Board was not the final decision, therefore was not appealable. Both he and I disagreed with that because your last decision on the fire was your last decision because they had asked for you to reconsider and you did not reconsider and said the$40,200 was it, and that was it. And so, Mobil has not taken any other appeal which they would have to appeal to superior Court which is how it should go' Bo Mobil is thinking that their opinion was that it was not an appealable process. So I think that is 4 incorrect. One other item that Tom Evans mentioned to Town Counsel was that he actually suggested going into mediation so that they are looking to put this behind them, but we will have to sit down and discuss tens. And Pat Costello, our Town counsel, has set up a meeting for May 2'l . And I was going to request at least have one Board member attend, that if two members come it has to be a pasted meeting. But I v ill leave that up to you if you want to have more than one person go to that meeting on the 21s. One recommendation that Town counsel rade to me to recommend to you is to issue a temporary CO, Certificate of Occupancy for the Mobil station.until May 23rd which is your next meeting date. And also there will be some discussion or some potential solution discussed at the meeting on the 21 Stand the Board can take action at the following meeting on the 23d. So that was his recommendation for the Board to issue a temporary c . Steven Ball: All right. Any discussion? Do you want me to go firsts All rights How I feel about this is, I think we've had enough of Mobil and I believe that the fine is$40,200 and if they want to open it then they pay the Burd$40,200 by a certified bank check and then they can open, and then they can argue and go to court and whatever to get that money back. But they shouldn't open until that fine is paid. That's all I'm going to say. Are we all okay with that'd Glenn Santos: Well, you all know how I feel about Mobil. It's like when I see Deer Crossing people walking through the door I get angry. Steven Ball: I disagree with Town counsel's opinion to give theca a temporary COuntil May 2 'd. Lucy Burton; If they pay the fine, then the money could go into escrow until after the mediation in case the was a change made after which the fine was to go down. Then the money could be held in escrow by the Town accountant or whoever would hold that money. Glenn Santos: All right. Well, we need to be careful here because we are in Executive Session. I fully agree with what Steve said. We cannot have any kind of formal vote, and we are out of Public Meeting, we voted not to return so its going to be difficult to go back into Public Meeting and have a vote on anything- I