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Page 12 <br /> Board of Selectmen <br /> Minutes-Executive Session <br /> August 12, 1996 <br /> Present: Selectman Dinizio, Selectman Costa, Selectman Frye, <br /> Selectman Caffyn, Selectman Marsters <br /> Executive Secretary Robert Whritenour <br /> Assistant to the Executive Secretary Joyce Mason <br /> Meeting Called to Order by Chairman Dinizio at 6:00 p.m. <br /> Carol Jacobson Senior Center. <br /> Discussion relative to potential litigation: <br /> The Board interviewed two environmental law firms for the purpose of <br /> discussing environmental and political issues facing the Town of Mashpee <br /> relative to the Massachusetts Military Reservation contamination. <br /> David VanSlyke and John Rudd,Attorneys at Law from the firm of <br /> Preti,Flaherty, Beliveau and Pachios of Augusta, Maine were present <br /> to discuss their firms credentials, and to preliminary discuss the <br /> environmental matter of concern with the Board of Selectmen. <br /> Mr. VanSlyke indicated that his firm employs six full time environmental <br /> practice attorneys. The firm in total is comprised of fifty-five members. <br /> We regularly represent municipalities, and are very comfortable doing so <br /> in the Superfund context indicated Mr. VanSlyke who noted that he is a <br /> seven year veteran of the Superfund enforcement program at the EPA <br /> headquarters in Washington,D.C. <br /> Our"team approach" would fully involve our client noted Mr. VanSlyke <br /> who stated that all legal advice and guidance would benefit the ultimate <br /> direction of the municipality. <br /> Mr. Rudd added that their "role"is to provide the necessary information <br /> to the Town in the most effective manner while maintaining the sensitive <br /> needs of the Town. <br /> With regards to the enforcement of clean-up action,Mr. VanSlyke indicated <br /> that his firm would take on the "hard nose" approach to negotiations on <br /> technical issues, and are well trained to focus on procedural requirements. <br /> We have the ability to enforce original obligations,pursue reimbursement, <br /> and pursue possible stigma and loss of property damages as a result of <br /> the plumes stated Mr. VanSlyke. <br /> It was noted that Attorney VanSlyke has responded to this concern <br /> in two memos addressed to the Board dated June 28, 1996 and July 15, <br /> 1996. <br />