HomeMy WebLinkAbout1996-10-29 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES OCTOBER 29, 1996
CALL TO ORDER: Kevin Foley, Chairman, called the meeting to order at 6:30 PM.
ATTENDANCE: The following were present: Kevin Foley, Chairman;William B. Duffy, Jr.;
John Leeman; Donald Stewart; David Torrisi; and Robert J. Halpin, Town Manager.
ARTICLE 3 -AMEND CHAPTER 2, SECTION 59-2 OF THE GENERAL BYLAWS - CHANGE
IN QUORUM REQUIREMENT: David Torrisi made a motion, seconded by John Leeman,to
recommend favorable action on this article; vote approved 5-0.
ARTICLE 6 -AUTHORIZATION TO ACCEPT SEWER SYSTEM PUMPING STATION:
William Duffy made a motion, seconded by John Leeman,to recommend favorable action on this article;
vote approved 5-0.
ARTICLE 7- ROAD ACCEPTANCE - HAWTHORNE PLACE: John Leeman made a motion,
seconded by William Duffy,to recommend favorable action on this article; vote approved 5-0.
ARTICLE 11 - NESWC AGREEMENT: William Duffy made a motion, seconded by Donald Stewart,
that the Board of Selectmen be hereby authorized to enter into a revised service agreement with
Massachusetts Refusetech, Inc, (MRI)the provision of which will at a minimum:
1. Retain a term not longer than the term ending September 30, 2005,that presently exists;
2. Prevent the burning of sludge at the Holt Road facility except with the express written consent of the
Board of Selectmen.
3. Require the disclosure of the financial model developed by MRI, upon which its recent representations
to NESWC about the cost of the retrofit are based;
4. Limit the liability of the contract communities to a single build-out of an air pollution control retrofit,
and;
5. Reduce the service fee.
Motion failed 2 - 3 (William Duffy and Donald Stewart in favor; Kevin Foley, David Torrisi and
John Leeman opposed.)
Kevin Foley and Mr. Halpin then presented an amendment to the NESWC Contract, which had been
formulated with the help of concerned citizens. Mark DiSalvo, who had helped draft the amendment,
commended the Board for its willingness to have an open dialogue on this issue and urged the Board of
Selectmen to adopt the amendment, as it had been drafted. Steve Rothstein,NESWC Executive Director,
expressed his feelings that if this amendment was adopted,that it would be impossible to negotiate a new
contract with MRI. Mr. Leeman and Mr. Duffy expressed their desire to include an expiration date of
September 30, 2005, for the new contract. No vote was taken on this motion.
Mr. Leeman made a motion, seconded by Mr. Duffy,to approve Mr. Duffy's original motion, excluding
parts 3 and 4. Mr. Foley expressed his feelings that the Board was limiting its negotiating ability by setting
an expiration date of the year 2005; Motion passed 3 -2 (Kevin Foley and David Torrisi opposed.)
As a result of the vote of the Board of Selectmen relative to this article, Town Counsel prepared the
following motion to be presented on the floor of town meeting;
Board of Selectmen Minutes October 29, 1996 Page 2.
Moved that the Town vote to authorize the Board of Selectmen to take such
action as may be requested by the Northeast Solid Waste Committee
("NESWC') to implement the NESWC Strategic Plan, as that plan relates to the
Town, including without limitation entering into an agreement with
Massachusetts Refusetech, Inc. (`MRI') the provisions of which will:
1. Supplement or replace provisions of the existing Service Agreement between the
Town and MRI, and
2. Retain the date on which the Service Agreement expires at September 30, 2005,
and
3. Provide for a revised service fee and such other terms and conditions as the
Selectmen shall determine as necessary and in the best interests of the town,
including host community benefits provided, however, that no such service
agreement shall be entered into unless:
A. The new Service Agreement or new Host Community Agreement contains an
express provision that grants to the Town a veto over any form of waste water
sludge incineration at the MRI incinerator on Holt Road; and
B. The Board of Selectmen by majority vote first finds and concludes that the
revised service fee contained in the new Service Agreement provides a more
favorable fee structure than that provided by the current Service Agreement.
ARTICLE 14 -AMEND CHAPTER 7, SECTION 88 OF THE GENERAL BYLAWS - DOG
WASTE DISPOSAL BYLAW: John Leeman made a motion, seconded by William Duffy,to take no
action on this article; vote approved 5-0.
David Torrisi, Clerk of the Board