HomeMy WebLinkAbout1998-10-05 BOS ES Min released 11-6-00.pdf ES6-126
EXECUTIVE SESSION
October 5, 1998
PRESENT Selectmen Chairman Ennch,Mr. Busa,Mr. Fenn, Mrs Eddison, Mr White, Town
Manager; Mr Cohen, Town Counsel and Ms Pease, Assistant to the Executive Clerk
NESWC Litigation
Mr Woodbury supplied the Selectmen with three options regarding a NESWC litigation
compromise settlement with MRI/Waste Management(parent company to Wheelabrator) for the
air pollution control retrofit. The options are:
1. NESWC pays 75% of the $35.5 million in cash and MRI/Waste Management will guarantee
timely completion of the retrofit and its compliance, and will further assume all future
liability for unforeseen circumstances and change of law issues.
2 NESWC pays 55% of the $35.5 million in cash and the communities will bear 55% of the
liability for unforeseen circumstances or changes until the retrofit test penod begins
Thereafter Waste Management assumes liability for change of law issues
3 NESWC pays 50%. NESWC is liable for 50%of additional costs for
unforeseen/uncontrollable circumstances and changes in law.
Mr Woodbury's recommendation is Item 2 unless they can negotiate Item 1 down from 75%
The Selectmen agreed in pnnciple with Mr Woodbury's recommendation.
Grave Box Litigation
Mr. White met with representatives of Palmer&Dodge to discuss the Grave Box case A
compromise settlement was discussed which would allow the Town and funeral directors to sell
boxes and vaults in the existing cemetery,but which would provide that for the undeveloped part
of the cemetery the Town would bid for boxes and vaults to be preinstalled. The idea behind this
compromise is to use the undeveloped part of the cemetery wisely so it will last until around
2010 or later The Selectmen agreed and said Mr White could try to make a settlement along the
lines proposed.
Upon motion duly made and seconded, it was voted to adjourn at 10:05 p.m.
A true record,Attest:
Lynne A. Pease
Assistant to the Executive Clerk