HomeMy WebLinkAbout2015-04-14 Board of Selectmen Minutes - Executive Session OF
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,. Town of Reading
e Meeting Minutes
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Board - Committee - Commission - Council:
Board of Selectmen
Date: 2015-04-14 Time: 9:00 PM
Building: Reading Town Hall Location: Selectmen Meeting Room
Address: 16 Lowell Street
Purpose: General Business
Attendees: Members - Present:
Chairman Daniel Ensminger, Vice Chairman John Halsey, Secretary Kevin
Sexton, John Arena and Barry Berman
Members - Not Present:
Others Present:
Town Manager Bob LeLacheur, Town Counsel Ray Miyares and Jonathan
Simpson, Executive Assistant Paula Schena
Minutes Respectfully Submitted By: Secretary Kevin Sexton
Topics of Discussion:
EXECUTIVE SESSION
Sutton Brook Litigation - Town Counsel Ray Miyares noted that the DEP usually goes after
the companies generating the waste and the generators then go after contributors. The
Town received a letter from the attorney for.the settling parties and they say $125,000 is
Reading's share and April 16th is the deadline to respond. Town Counsel noted that
Jonathan Simpson reviewed the documents from the Town and Justis Law Firm.
Barry Berman asked where the dump is and Ray Miyares noted it is in Tewksbury and is also
known as Rocco's landfill.
Ray Miyares noted that the Town had a contract with BFI and they compacted the trash and
sent it to Randolph. At some point they started sending it to Rocco's landfill.
John Arena asked if the chemical companies have paid up and Jonathan Simpson noted that
they received a bill and decided they would clean it up themselves.
Jonathan Simpson said that the EPA Solid Waste Policy uses the Federal Guidance
Document to give a flat conversion figure. The $125,000 figure falls apart using the
guidance document because we have evidence that we were sending out trash to Randolph.
By his calculations the Town's liability is not more than $45,000.
Ray Miyares noted that over the three year period for the first year and three months the
trash was being sent to Randolph. Also, we estimate that the trucks were 3/a full so we use
a conversion of $600 per cubic foot instead of their $750 per cubic foot.
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Board of Selectmen Minutes - April 14, 2015 EXECUTIVE SESSION - page 2
Kevin Sexton asked if we directed where the trash went and Ray Miyares indicated we did.
John Arena asked how the volume is confirmed and Ray Miyares noted that they kept
records.
Kevin Sexton asked if we could tell them we don't like the number and to give us a different
amount. Jonathan Simpson indicated there is a prescribed rationale they have to follow,
otherwise it would be a failure to adhere to negotiating in good faith.
Barry Berman asked if we admit guilt if we settle and Ray Miyares indicated this is not an
admission of liability - it is only for cleaning up.
A motion by Sexton seconded by Arena to authorize Town Counsel to settle the
Sutton Brook litigation on their behalf up to $70,000 within 30 days was approved
on a roll call vote with all five members voting in the affirmative.
A motion by Ensminger seconded by Sexton to come out of Executive Session was
approved on a roll call vote with all five members voting in the affirmative.
A motion by Arena seconded by Halsey to adjourn the meeting at 11:00 p.m. was
approved by a vote of 5-0-0.
Respectfully submitted,
Secretary
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