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HomeMy WebLinkAbout1999-02-22 BOS ES Min released 11-6-00.pdf f � t //..j�7 {y-./{_GJ._-k,✓"-" it ES6-134 #191 tJ(0 f1 111 { 1 EXECUTIVE SESSION �,- February 22, 1999 PRESENT: Selectmen: Chairman Enrich,Mr. Busa,Mr. Fenn,Mrs. Eddison, Mrs. Kneger; Mr White, Town Manager, and Mr. Cohen, Town Counsel. Litigation DPW Director George Woodbury reviewed terms of a proposed settlement between the NESWC communities and Massachusetts Refusetech,Inc. Mr. Woodbury recommended the proposed settlement as follows: 1. NESWC pays 50%of the $35.5 million cost except as amended and approved by the ITP for any cost increases not known at the time of settlement. That amount is to be paid in full at settlement. Lexington's share is $996,000,which will be paid out of the tipping fee stabilization funds. 2. The Communities forgo any right to legal action for any past actions The existing Tolling Agreement would end 60 days after settlement. 3. MRI would guarantee performance. 4. MRI would release NESWC from all past claims including but limited to the excess heating value of the refuse. 5. NESWC shall be responsible for the first$300,000 cost of pending,State-mandated mercury and HCL mitigation. Costs beyond$300,000 would be prorated fifty/fifty. 6. The NESWC communities will in no way be liable for MRI's share of the costs. Should MRI fail to perform,NESWC would be paid the full amount of the agreed retrofit costs. 7. MRI is fully responsible to complete the retrofit prior to December 19, 2001 and, if not, pays NESWC $35.5 million in damages. 8. NESWC agrees to support but not pledge the faith and credit nor guarantee MRI's efforts to obtain tax exempt fmancing. 9. MRI and NESWC will share any NOx credits. Upon motion duly made and seconded, it was voted 6-0 by roll call vote- Mrs Eddison, Mr Fenn,Mr. Enrich,Mr. Busa,Mrs. Krieger and Mr. White to authonze Mr Woodbury to sign the agreement outlined on behalf of the Town. A true record,Attest: Phyllis A. Smith Executive Clerk