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Page 4 . <br /> COUNSEL: , the system that was there, renew it, in the course of doing <br /> this Mr. Hinnigan had instructed the contractor to dig down <br /> because he wanted to know what kind of soil was down below <br /> the sludge and why the system was malfunctioning. She in- <br /> dicated to me that when the dug down they encountered some <br /> impervious soil types , clay type soils , sugar sand, so called, <br /> which is fine sand which when it becomes wet it becomes <br /> extremely densely packed. The water perculates very slowly <br /> through it. They encountered these types of things so that <br /> Mr. Hinnigan instructed the contractor to remove them and <br /> this occassioned a delay. Now this is what Nonnie told me . <br /> I don' t know whether equipment has been up there steadily <br /> working over the past three weeks or not. <br /> CHM. THOMAS : "No it has not. " <br /> TOWN COUNSEL: "Okay, I am just repeating to you, I submit, a very accurate <br /> summation of what Nonnie told me. So my next question to her <br /> was ; well, Nonnie, when are we going to be in a position to <br /> afford some relief to this person? She told me Monday, may- <br /> be Friday, very probably Monday they would be able to partial- <br /> ly get this thing working so at least one load could be taken. <br /> Mrs . Anderson also indicated to me that, in response to a <br /> question that I had put to her, that she did not know if any <br /> supervision had been exercised over the construction of this <br /> facility three .years ago, when it was built. That was in <br /> response. to my question to her, as to why does this condition <br /> exist. I thought we had to do borings , determine soil types . <br /> She said she thought they were done also . I said did you <br /> supervise it? She said no. I said did the engineer super- <br /> vise it, because I distinctively remember this was a Holmes <br /> and McGrath project, they drew up the plans . I . had to lend <br /> some assistance to the Board of Health, getting the plan <br /> through DEQE for its approval . I know that Holmes and McGrath <br /> designed that system. My memory fails me as to whether or not <br /> Holmes and McGrath were also retained to be a supervising en- <br /> gineer for the construction of it. I know we paid we paid <br /> them to design the system. I don' t know if we paid them to <br /> supervise it. I can't remember that. I asked Nonnie . She <br /> couldn' t' remember that either. She told me that she didn't <br /> supervise it: So she doesn' tt <br /> know if anybody supervised <br /> it. <br /> So, okay, so than my next question was who build the system?m? <br /> suggest <br /> The reason I asked that question was I was prepaired to <br /> a s <br /> to the court that we sue whoever build the system, and she <br /> am Gil <br /> informed me that Gilpam Construction build it. Well , p <br /> Construction <br /> was a firm that was owned by one Wayne Gilmore , <br /> who was killed in a car accident approximately one year age. <br /> His corporation is out of business . So we have a problem there <br /> original contractor that put <br /> We have no recourse .back to theori. 4 <br /> that system in. Also indicated to me by Nonnie , that when <br /> they dug it out that some of the pipes were broken, that were <br /> perhaps that <br /> in the lagoon, indicating p they had been broken p <br /> during the construction. asked her if she had <br /> Although, I <br /> 4 <br /> reason to <br /> believe that, that was <br /> so. She indicated to me that <br /> she felt that perhaps the were broken during construction, <br /> Y <br /> but she couldn' t really answer yes or no that they had been <br /> f <br /> broken during the construction as opposed to just breaking <br />