03/16/2020 BOARD OF SELECTMEN Agenda Packet

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*DRAFT* BOARD OF SELECTMEN MINUTES 3-2-2020 10 Board of Selectmen Minutes March 2, 2020 Discussion and ApDroval of Waste DI's,p..osa,l..Ap, eement: New Bedford Waste Services-. Michael Camara: (continued) Item I —Services Provided and Disposal Fee: (continued) At least C days prior to December 31, 2020,NBWS shall submit to the Town a proposed disposal fee for Calendar Year 2021. The Town may also solicit disposal fees from other solid waste handling and/or disposal contractors. NBWS hereby agrees,to match a lower fee proposed by another solid waste handling/disposal contractor in response to the Town's solicitation of disposal fees. NBWS' failure or refusal to match any such lower disposal fee shall constitute an "Event of Default" as defined by the Agreement. The Agreement was amended by Mr. Camara striking the third sentence in its entirety as follows: NBWS hereby agrees to match a lower fee proposed by another solid waste handling/disposal contractor in response to the Town's solicitation of disposal fees. NBWS' failure or refusal to match any such lower disposal fee shall constitute an "Event of Default" as defined by the Agreement. Discussion followed with respect to the amended Agreement. As per the Agreement and previous discussions leading to the Agreement documentation is required to support all handling, transportation and end disposal costs. The Town of Mashpee is required to have the documentation to justify the expenditures. In response Mr. Camara stated that he did not alter the Agreement and an invoice from the disposal site was p ided to the Town. The information on t a provided I he 'invoice was provided by the disposal facility. The handling and transportation related to the disposal is conducted by Zero Waste Solutions. Mr. Camara 'Indicated New Bedford Waste Services is not incurring the costs. It was revealed that Michael Camara is President and acts as the General Manager,of New Bedford Waste Services. Mr. Camara also serves as an agent of Zero Waste Solutions. Mr. Camara is listed as the Controlling Officer of Zero Waste Solutions. It is apparent that Mr. Camara is 'in control of two corporations. There was ith respect to this regard in transparent. concern w d to remal The 'invoice submitted to the Town is deemed internal as Mr. Camara controls Zero Waste Solutions as well as New Bedford Waste Services. Mr. Camara stated that he did not see the invoice that was billed to the Town from Zero Waste Solutions., Mr. Camara was also asked if Mashpee's waste is being transported to Middleboro. In previous discussions Mr. Camara indicated that Mashpe,e's waste would be hauled out of state. Mr. Camara stated he does not know where the trash is being hauled. It may be West Virginia, Ohio and Michigan. He is not aware the trash is,being disposed of in Middleboro. Mr. Camara indicated that Zero Waste Solutions has purchased a bailer, and he does not know where,the trash is being hauled. The facility is located in Rochester, MA. Mr. Camara,also indicated that NBWS does not contract with any other vendor, and he is not able to speak publicly of any 'issues they may have on site. Mr. Camara requested the Board of Selectmen enter into Executive Session to further discuss, this matter, Due to the requirements of the Open Meeting Law, the Board of Selectmen was unable to grant the request of Mr. Camara to enter into Executive Session. The Town of Mashpee 'is not a litigant, and there is no basis to enter into Executive Session. Town Manager Rodney C. Collins indicated he will defer from paying the bill until support documentation is received in accordance with the Agreement. Details were requested as one company appears to be linked to the other and there is also the perception the waste is being trucked to Middleboro and not out of state as communicated by Mr. Camara.