02/18/1993 BOARD OF HEALTH Executive Session

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EXECUTIVE SESSION MINUTES 3 BOARD OF HEALTH February 18 , 1993 contractor's fault and basically at that point I talked to Town Counsel to find out whether I would have to report what had transpired to date to the D.A. 's office or the police or whatever. " "He informed me that if I could get a confirma- tion from Elias then we could handle it internally otherwise, it would be an actionable offense. " "The problem was that Elias was on vacation." "Basically he said I had to make a good faith attempt- to contact 'Elias otherwise, I would be bound to move on to the D.A. 's office." "I did so, through Ronnie, trying to see if anybody knew how to contact you. " "It turned .out -we did not have that information and it wasn't going to be available. " III- talked to Elias Tuesday morning and he explained in fact that he had made. the arrangement with Joe, and that he had brought in a substantial amount of clay and was taking- out some fill in exchange. " "Joe had of- ` fered to produce a"report basically stating the amount of clay that he brought in and the amount of material he had brought out and some other detail in terms of where that ma- terial was used and so on. " "We still need that for the record. " "At this point, from my perspective, I have to es- sentially get into the record that we have discussed it and handled it, that I consider it to be no more than an over- sight although it ,could have been fairly serious. " "No one apparently other than myself and some other town officials were aware of the gravity of the problem or the real point that had an incident in the past which sort of turned the town inside out at the time. " "The last thing we needed to have was someone to intercept or report through some other avenue that fill was being taken from the landfill on an un- authorized basis. " "What we have to do, at this point, is basically sit down with everybody and Joe and go over it that we can't remove any fill out of there." "We will talk to Town Counsel about the possibility of creating some legal ar- rangement. " "The only problem would be that it would require an accounting system for fill being brought in and out and that's probably going to get kind of cumbersome because you would need some sort of legal definition of weight or yardage that could be verified. " "I understand your intent, that you were essentially, being cooperative with Joe who has in the past always given us far more than he has taken. " "He has been very generous in programs and materials and so on. " "I felt very bad to worry or doubt there is a problem. " "I guess we can lay it to rest at this point. " Mr. Ball stated, "I would like to add that this Board set a policy whereby anything that comes out of the Transfer Station/Landfill should come in front of the Board for review for our approval or knowledge of this. " "This whole situa- tion was blown out of proportion because of our lack of