8/5/1991 BOARD OF SELECTMEN Minutes

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1 BOARD OF SELECTMEN Page 9 MINUTES MONDAY, AUGUST 5, 1991 • National Guard Bureau - Briarwood Negotiations: By signing the agreement informs Mr. Kaplan, the Federal Govern- ment will agree to contamination in E. Briarwood coming from the north, payment of certain costs in W. Briarwood (2) , Federal Government to stipulate all known contaminants of Otis to be made public, future good faith negotiations if necessary and to stipulate in satisfaction the Government to contribute approximatly two million dollars in full settlement for contaminants in the area of the Government' s liability. This is all contingent of the ability of the Federal Government to pay. The components of the agreement to pay the two million consist of Mashpee to provide the public water supply to Briarwood through Falmouth until a District well is installed and connected, Mashpee to acquire a site, construct and operate a well to serve Briarwood as a secondary supply to Otis, Mashpee to construct at the Gov ern- ment' s expense a connection from the Briarwood distribution system to the Otis distributionssystem, Mashpee will acquire a site and construct .a water storage tank to accomodate no less thantthe needs of E. Briarwood, Otis Trailer Park and half the needs of W. Briarwood and lastly Mashpee will accept the two million dollar settlement with the understanding unless Mashppe meets its contractual obligations there will be no money. Mr. Kaplan also informs the Board the Federal Government doesn' t acknowledge the responsibility of contamination of anything and the agreement obligates the Town to nothing. Iffactions are not accomplished, there will be no exchange of money and the contract will lapse. Judy Mills also noted with terms of the numbers, this is it. If it is not acceptable, we go the route of Federal Court. We will not get money from the Base without suing them. As Counsel for the Board and Town, Mr. Reardon has recommended the Board of Selectmen not enter the agreement in a sense to be one of the contracting parties of implementation. They should not assume responsibility. The Board of Selectmenhhave no authority or control. Attorney Reardon recommends the Board of Selectmen agree to at the request of the Board of Water Commissioners to add the following as a preface to the signature of the Board of Selectrhen.;. At the request of the Mashpee District of Water Commissioners, we hereby waive any claim of the Town of Mashpee for response and remediation cost for well water contamination in that part of Mashpee described as appendix A. This waiver is not intended to bind the Town of Mashpee to any obligation of the Nashpee Water District contained in the agreement and is made upon the representation of the Water District Commissioners that they are satisfied the agreement is a fair and reasonable resolution on behalf of the inhabitants of Mashpee residing in the area of contamination. We accept the representation of the [mater Commissioners that this agreement constitutes full settle- ment as referred to in paragraph III sub 3 of the agreement.