11/4/1991 BOARD OF SELECTMEN Minutes

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■ r • BOARD of SELECTMEN Page MINUTES MONDAY, NOVEMBER , 1991 Water District Commissioners re : National Guard Bureau Agreement: . Selectman cafyn is concerned with the wording on page to that the Government may subject Mashpee to debarment and suspension under E.O. 12549 . There may be ramifications to us as a Town. The intent to disbar and no longer contract for the Government is for contractors with violtions states Attorney Henchy. The contract clearly refers to the Mashpee Water District.' The Town of Mashpee has no part of the agreement . Selectman Lawrence suggests the Beard receive a letter from Mr. Watson to absolve Mashpee in the agreement. Attorney Henchy noted he is willing to contact fir, Watson to administer a letter to the Board. In the contract informs Counsel , -there are no substance problems , There are some misspellings . Mashpee appears seven times instead of the dater District . This appears after the draft was sent back he reports . Selectman c ffyn agrees to obtain something in writing to be valid and clearly state the Mashpee Water District and not imply the Town of Mashpee. There should be a consistency to use the Mashpee Water District and net the Town of Mashpee. Obviously we want the errors corrected informs electina-n Jacobson. In .all places , Mashpee should be changed to the Mashpee Water District. With wording including the Town and the Water District, the word Town is to be removed and the heading to contain the MashpeeWater -District and not the Town, With the corrected changes she assumes the Board will be ready to execute their portion of the agreement between the Mashpee Nater District and the National Guard Bureau. If there are any further problems , Attorney Henchy advised to o through Ton .counsel so this will not have to- be done again. Selectman caffyn also questions the use of award on page. to 'as a tern of settlement. Town counsel suggests to use obligations in the place of award. Attorney Henchy feels the use of award is agree- able in the -contract, This is the money they owe us . Selectman caffyn asks of the - procedure to accept the 2 million dollar settlement vs . the 3 million dollar cost . The Nater District Commissioners execute the agreement states Attorney Henchy. All commitments of agreement are .made by the Water District informs Judy Mills . All have also. been voted to go forward . Ms . dills asks Town counc e l ' s legal op,i n i on of the Town ' s l i ab i 1 .ty. The Board of selectmen in signing the agreement will forego any claire for remediation in Bri.arwood East, West and Otis Trailer Park. It means the Town of Mashpee will not' sue for remediation of that particular area only informs counsel . The. Board will agree to page 15 of 1;5 . 'down counsel motes there is one small typo with the word.ing of Mashpee. Mr, Kaplan asks the Board if the necessary changes can be made in the agreement and the Board will sign the agreement before the meeting of the Nater District on Tuesday. If the agreement is rade with the necessary charges states Select- man Jacobson and Town counsel has reviewed the agreement, the Board Members would most likely be able to sign the agreement by, the end of the week.