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<br /> Town of Mashpee, Board of Health Meeting, Minutes May 8, 1985 (Pace four)
<br /> . continued
<br /> T Yes, he had difficulty getting a surety -bond, then prior to that
<br /> it was Newtown Construction and then prior to that Steve Lebel .
<br /> All of these fellows have had some problem in getting bonds. I
<br /> think the Board has been requiring a bond, back when I first be-
<br /> came Town Counsel, I 'm not going to mention any names there was
<br /> a contractor over at the dump that- the Board had some difficulty
<br /> with, he didn' t have a bond and it created somewhat of an awkward
<br /> situation and certain members of the Board know to whom I refer.
<br /> The reason for the bond is if there is a default, the very pur-
<br /> pose of that bond is sthat if the contractor ' takes a hike ' and
<br /> the Board has to go back out to re--bice, then it' s some sort o
<br /> security the Town has to lessen the damage, because the dump is
<br /> so extaordinarily important to the Town and to the inhabitants of
<br /> the, Town , such a vital wart of the community the Board has t
<br /> maintain than the dump is maintained in an open position, and be
<br /> available. You don' t like to think about it but I suspect that
<br /> if the citizens of the town talk about it, it ' s one of the most
<br /> important. . . . . interrupted by S D
<br /> SJD: -If the hone is put up or the money is put up would you still de-
<br /> cuct
<br /> UNISON: 1 o, one or the other.
<br /> LCA: There ' s two, one ' s a retainer.
<br /> T what you fellows were talking about, was that an additional amount
<br /> was held out eac week because he couldn't core up with a bond
<br /> so that this was device that initiated because he couldn ' t come
<br /> up with a surety company bond, I don't know if he had cash avail-
<br /> ability to post.
<br /> F'B: No. that' s what was lacking there, I knew you would be able to ex-
<br /> plain it better than I .
<br /> T It worked well, but theme is a retainage, I think. what is the re-
<br /> tainage, I don' t remember now, it ' s in there I know.
<br /> LCA: 20
<br /> T Is not retainage. . . .
<br /> sJD: Up t $15 , 000.
<br /> T c: Max out. I don't recollect what it was without looking at that
<br /> contract, but . I know there was a ceiling. But on the bond posting
<br /> it seems to ane it- tshouid be a t beneficial purpose to both the con-
<br /> tractor and the Town, it seems to rye if the contractor puts up a
<br /> bankbook he earns the interest -on that, it' s like a collateral
<br /> that ' s own dL by� ,tl e contractor
<br /> but+ is a ailble to the Town in the
<br /> event that there is a default, so that ' s a- very sensible way of
<br /> hand lin . it. �I o f a -th-d�t L u know-one other fu Cher ment
<br /> y
<br /> .:.- a T would. ma , � r ha re � o �wa�+t " s' question was asked
<br /> - - o ��o' 71'
<br /> of , .e by the B�ec ,`sec, that' h I 'r - rsArlri this with you now)
<br /> you can enter into a contract , you can sign a contract before the
<br /> money is appropriated, you would have to put a caveat right in
<br /> the contract that the town' s obligation is subject to the Town
<br /> appropriating- the money, that' s how we would handle that, there
<br /> is a prohibition in Chapter 44 that specifies that no department,
<br /> as a .matter of fact, it rakes it- a criminal offense for a depart-
<br /> ment head to contract for goods or services without money being
<br /> appropriated The Executive secretary asked me about signi,nr
<br /> the contract, and I answered that 'Yes, but, we would have to put
<br /> in a caveat . , . . . (can' t decipher) chapter 44, S don' t know whether
<br /> you fellows knew that
<br /> CHL: I know I asked you that last week.
<br /> T I know somethings we can work out before time and I never try to
<br /> second guess what the Town Meeting is going to do, but I rather
<br />
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