HomeMy WebLinkAbout1985-02-04 Board of Public Works Minutes - Executive Session Executive Session Meeting of February 4, 1985 Page I
The Board of Public Works convened in Executive Session at 8:07
P.M. Present were Chairman Barker, Secretary Hampson, Board Members Wood,
Polychrones and Griffin, Supt. A.V. Fletcher, P.E. and Asst. Supt's.
McIntire and Redford.
Also present were Police Chief Edward Marchand, Town Counsel H.
Theodore Cohen and Frank Gorgone of the Finance Committee.
The Board discussed the Vining Disposal Services rubbish
collection contract.
Town Counsel Cohen stated the situation is pretty such the same
and Vining's contract is still suspended. He stated we have taken no
steps to terminate the contract but have notified the bonding company. We
are waiting for the District Attorney to indict, they have stated they
r will take action by the end of March. Chief Marchand got word they may
indict as early as February.
He further added that the D.A. thought it would be inappropriate
while they were investigating to bring aur own suit against them.
Initially Vining was represented by Attorney James Markey, he has
since been replaced by Attorney Thomas Troy.
Ted Cohen stated he has met with Attorney Troy and while they do
not admit specifically any wrongdoing, they suggested the possibillity of
a meeting between various parties without the Vining's present, and
initially their suggestion was that Vining would be willing to come back
in and continue to perform, and the BPW could take steps to examine every
truck.
Atty. Cohen told them he didn't think anyone in Town was willing
to have them back in Town.
Their next suggestion was that Vining would recompense the Town
for what we thought was owed by them.
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The third suggestion was that they would find another trash
collector to pick up the trash for the next 2 1/2 years at the same
contract price.
He stated the Board of Selectmen and the Law Committee both voted
not to meet with these parties.
Atty. Cohen stated based on his conversation with the D.A. , that
they are looking at broader problems. This Board and the Town must look
out for itself and the best interests of the Town.
He stated he thought a meeting night have some benefit. He
thought unquestionably we could terminate the contract, but would not
resolve this for 3 - 5 years down the road through the courts.
Chief Marchand stated I have to agree with Atty. Cohen about the
length of time. I have been in contact with the Asst. D.A. and this is
taking quite some time. Regarding the meeting with Atty. Troy, I told him
I would be willing to meet with him. I an a personal friend of his and
told him whatever was decided would look like cahoots and I am against
this. He added he doesn't think anything has changed since the initial
investigations.
Atty. Cohen stated the friendship has been a concern.
Supt. Fletcher stated I think we should at least meet with them
to see if their offers are concrete.
Mr. Palychrones asked if we do come to a compromise what would
your feelings be?
Chief Marchand stated I don't like to say. This is going to go
the criminal route and there is no backing off at this point.
C Mr. Hampson asked what would be the end result of this, would
someone go to jail?
Chief Marchand replied no, probably not.
Executive Session Meeting of February 4, 1985 Page 3
Mrs. Wood suggested if this Board ever does decide to meet with
any of these parties, that the whole Board be there, a court stenographer
be hired and the meeting be held in Executive Session.
Mrs. Wood asked if in fact Reading is the only Town with criminal
action, would that tend to postpone the indictment?
Chief Marchand replied no, I think the only thing holding it up
is the D.A. 's office.
Mr. Barker asked what is the probability of the indictment coming
down in the next 3 -4 weeks.
Chief Marchand replied I think the possibility is good.
Mr. Griffin stated it seems to me there are two problems;
1. We don't have a history to base this on and the delays
built into the court system may work to our advantage; and
2. We need another contract.
Attorney Cohen stated I am not looking for a decision about
termination of this contract tonight. They brought a suit against us which
has to be answered by the 19th, by the time I answer it will be necessary
for us to file our counter-claim. I think you have a situation with Waste
Management that will go until March or April.
It was moved and seconded that Town Counsel, Supt. Fletcher and
both Asst. Superintendents meet with Attorney Troy to clarify what appears
to be some confusion.
Mr. Polychrones amended the motion to have Atty. Troy come before
the entire Board.
The amendment was defeated 1:4 (Mr. Polychrones in favor).
EThe main motion was voted 4: 1 (Mr. Polychrones opposed).
Executive Session Meeting of February 4, 1985 Page 4
Frank Gorgone stated 1 think if you enter into some sort of plea
bargaining with Vining, you are letting them just walk away.
Supt. Fletcher stated the Board will have a report on this for
next week.
The meeting adjourned at 9: 12 P.M.
Respectfully submitted, Y
Secretar