HomeMy WebLinkAbout1985-03-11 Board of Public Works Minutes - Executive Session Executive Session Meeting of March 11, 1965 Page 1
A meeting of the Board of Public Works convened in Executive
Session in Room 16, Municipal Building at 9:00 P.M. Present were Chairman
Barker, Secretary Hampson, Board Members Wood, Polychrones and Griffin and
Assistant Superintendent's McIntire and Redford.
Also present were Town Counsel H. Theodore Cohen, and James
O'Leary and Frank Gorgone of the Finance Committee.
Chairman Barker stated the purpose of this session is to meet
with Town Counsel to discuss the rubbish collection contract. The
Department has been working extremely hard in this area for the past week.
Atty. Cohen stated that he has reviewed the rubbish collection
specifications. The only thing that was not in the specifications was a
possible 30 day cut-off period in the event we somehow got entrapped by
Vining, saying they want to come back. Asst. Supt. Redford has informed
Town Counsel that no contractor would accept that kind of contract,
however, you do have other options. Vining has never been terminated,
they have only been suspended. Atty. Cohen stated he met with Vining's
Attorney, Tom Troy, on February 21. They are now saying the earliest we
can get in front of a Grand Jury is April. At this point, I don't think
this makes much difference, I think Vining just wants to get out of
Reading. Vining's attorney made a comment that the contract invited fraud.
They have come up with two haulers, Hiltz and Paulino. They are both
' willing to handle the trash collections under the terms of the existing
contract with some minor stipulations. Both of these contractors have
been found to be acceptable by the Department.
Vining's justification is that we can only prove the five days
they were being followed by the Police Department.
Atty. Cohen stated we have come up with a figure of about
$60,000.00 that the Town is out of pocket. This includes the cost of the
police investigation, legal fees, containers for Waste Management and
c
Executive Session Meeting of March 11, 1985 Page 2
excess tonnage. Excess tannage amounted to approximately $23,000.00. The
Town is presently holding $37,000.00 in payments to Vining.
Atty. Cohen stated in all our discussions, my understanding is
the future contract is the most important. At the time of our
discussions, it was stated they might be willing to make a deal regardless
of what the District Attorney is doing. He called Atty. Troy today and he
would have come tonight, if Atty. Cohen insisted, but he was not as
informed as Atty. McCann.
Atty. Cohen stated I think if we can arrange to have the trash
picked up within the next 2 172 years under the terms of the current
contract and get back some of the money, we should be in good shape.
Mr. Polychrones asked what if Vining doesn't go along with this
unless Chief Marchand drops his charges?
Atty. Cohen replied I think the last time we discussed this, the
Chief felt he has done what he was supposed to do, I don't think he has
any real problems with this.
Mr. Griffin asked what would Waste Management's extra fee for
collection be?
Asst. Supt. Redford replied about $10,000.00 a month.
Asst. Supt. McIntire stated Mr. 8anfield also mentioned the price
of $100,000 a year, which is a little less.
Mr. Griffin stated regarding the settlement, I don't think this
figure is negotiable. The Town's expenditure for investigation and the
fact that we may be pressed into a $10,000 additional monthly cost, should
be part of the negotiation up front. My feeling is we should negotiate
for $50,000 - $60,000.
Mr. Hampson stated I don't think you are going to get very
serious bidders on March 20th.
Executive Session Meeting of March 11, 1985 Page 3
Mr. Polychrones stated if we go back to Vining, our services will
not be interrupted at all.
Mrs. Wood stated I have a feeling we are starting another Pitt
Pipeline case. 0o you get this feeling? 0o you have any feel or knowledge
about Vining selling out?
Atty. Cohen replied I have heard nothing about that.
Asst. Supt. McIntire asked, assuming on March 25 we have not
settled with Vining, we are going to open bids on March 20. Are we going
to have any legal problem negotiating with Waste Management to continue.
Atty. Cohen replied you should put in the specifications that the
commencement date of April 1st, may at the option of the Board, be
postponed up to 30 days, for the reasons set forth in the "Invitation to
Bid" or in the best interests of the Town.
Mr. Polychrones moved to negotiate to bring Vining back and allow
them to return to the Town under the proper conditions. The motion was
seconded.
Mrs. Wood moved to table the motion.
Mrs. Wood moved to take the motion off the table.
Mr. Polychrones moved to withdraw his motion. The motion was
seconded and voted 5:0.
Mr. Griffin moved to put a minimum of a $60,000 fee, in addition
to a pick-up contract, for the settlement of the case against Vining. The
motion was seconded and defeated 2:3 (Mr. Polychrones, Mr. Hampson, and
Mr. Barker opposed).
Executive Session Meeting of March 11, 1985 Page 4
Mr. Hampson moved that Town Counsel be allowed to continue his
current vein of negotiations and let him at his discretion negotiate the
amounts in the best interests of the Town, subject to the Board's
approval.
The motion was seconded and voted 4: 1 (Mr. Griffin opposed).
Frank Gorgone of the Finance Committee stated if the Police Chief
files charges, the D.A. will have to prosecute. We should not let Vining
back in Town.
Sim O'Leary stated I agree with Frank and I don't think we should
let Vining back into the Town.
Mr. Griffin stated if this goes beyond April 1, I would like the
negotiations to start at $60,000 with the stipulation this can be
negotiated down to 450,000.
Mrs. Wood amended Mr. Hampsons motion to negotiate the minimum
amount of $23,000. The amendment was seconded and voted 4: 1 (Mr. Griffin
opposed).
It was moved, seconded and voted 5:0 to insure trash collection
on April 1st.
It was moved, seconded and voted 5:0 to go out of Executive
Session at 10:05 P.M.
Respectfully submitted,
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