06/22/2000 BOARD OF HEALTH Minutes

Home Browse Search

MINUTES June 22, 2000 3 BOARD OF HEALTH d. Town Meeting Article - Mr. McQuaid stated that he is currently working on submitting an article for the October Town Meeting in an attempt to upgrade the position of Administrative Secretary to the Board of Health to Administrative Assistant. e. Transfer Station - Mr. Ball stated that he would like to discuss some items regarding the takeover of the transfer station operation by the Board of Selectmen. 1. Mr. Ball stated, "When the Board of Health, Coastal Waste Management and the Selectmen had their meeting, which was for a change order only, and that was legal. I think it was illegal for the Selectmen to jump in and vote to take over the transfer station and I'd like to see this in the Massachusetts General Laws where they can do that because it wasn't posted that way. It was posted for an inter-departmental meeting. I believe that was how it was posted." Mr. Doherty further stated, "They called it a workshop. It wasn't even really described as a meeting where any kind of an official action could be taken. A workshop is not an official meeting where you vote on things." Mr. Ball stated, "So, I'd like to find out if that meeting was legal." 2. Mr. Ball further stated, "Two, if it was legal, do you need a unanimous vote, like at town meeting, because it was not a unanimous vote. It was 4-1. Wayne Taylor abstained because he wanted more information." 3. Mr. Ball continued, "'Three, I want to ask legal counsel if town meeting approval is required to take this away. I think that is an important question." Mr. Doherty stated, "I think the question needs to be asked, one of the things that needs to be brought up in defense of that, obviously the agreement that we have a copy of from 1982. Essentially it was a joint agreement between the Board of Health and the Board of Selectmen and I think in order to change, it would also require a joint vote of both parties. Since both Boards issued it, it would take an agreement between both Boards to rescind it or to change it." Mr. Ball recommended that that also be asked of town counsel. 4. Mr. Ball continued, "The last question that I'd like to ask legal counsel is, can the Board of Selectmen take a line item from our budget at will without approval at town meeting? Can they just automatically at a meeting, without even posting it, say we're going to take this from you? These are questions that need to be asked." "Under MGL 111-27, which is the Board of Health, we are autonomous. The Agent, Assistant Agent and Secretary are under our authority."