HomeMy WebLinkAbout1992-12-28 93-81 RESOLVECOUNCIL ACTION
Item No. 93-81
Date December 28, 1992
Item/Subject: Approving Settlement Between PERC, Tom Sawyer, Inc.,
the City of Ellsworth and the Towns of Detroit, Frankfort, Monroe,
Newport, Pittsfield, Prospect, and Winterport
Responsible Department; Legal
Commentary,
The Council has previously been advised of the progress of ongoing
negotiations between PERC, Tom Sawyerr Inc. and the 8 so-called
"refusnik" communities in regard to a current contract dispute
between PERC, Tom Sawyer, Inc. and the 8 communities. As the
Council has been advised, those parties appear to have reached
settlement of their dispute. The purpose of this Resolve is to
direct Bob Farrar, the City's representative to the Municipal
Review Committee, to cast the City's vote in favor of the proposed
settlement when the Municipal Review Committee votes on the
settlement at a special meeting to be held on December 30th. This
Resolve would also encourage other communities to approve the
settlement and would authorise Bob Farrar to approve various
settlement agreements that have previously been worked out between'
PERC and other non -MRC commuunities.
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City Manager
Associated Information; Order
Finance Director
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City Solicitor
Introduced For
Passage
First Reading
Referral Page of
93-81
Assigned to Councilor Saxl, December 28, 1992
CITY OF BANGOR
QITLEJ �tMhMr_..Approving settlement.. Energy_._
Recovery Company (PERC), Toro Sawyer, Inc., the City of Ellsworth,
and the Towns of Detroit, Prantfort, Monroe, Newport, Pittsfield,
Proapeetr...aml_w£nterport _..._ _...._.__......... .............. _... ._....... _..
BY Wa City Council of Cityo/Bangor:
RESOLVED,
WHEREAS, The Penobscot Energy Recovery Company (PERC) operates a
waste-to-energysolid waste disposal facility in Orrington, Maine,
at which the City of Bangor currently disposes of some 30,000 tons
per year of municipal solid waste; and
WHEREAS, PERC and Tom Sawyer, Inc. have for some time been involved
in a contract dispute with the City of Ellsworth and the Towns of
Detroit, Frankfort, Monroe, Newport, Pittsfield,,Prospect and
w£nterport, arising out of PERC's financial inability to accept
municipal solid waste from those communities at rates originally
specified in various prior contracts between those parties; and
WHEREAS, PERC,Tom Sawyer, Inc. and the eight named communities
have reached a settlement of their dispute which settlement, by its
terms, requires the final approval of other contract municipalities
disposing of waste at the PERC facility in order to become
effective between the parties concerned; and
WHEREAS, the proposed settlement between PERC, Tcon Sawyer, Inc. and
the eight communities will help assure the continued operation of
PERC's Orrington disposal Facility, and its continued availability
as a means of disposing of Bangor's solid waste; and
WHEREAS, the proposed settlement appears to be in the best interest
of all parties to the present contract dispute and, more generally,
appears to be in the beat interest of all communities in central,
downeast and eastern Maine currently using the PERC facility;
NOW, THEREFORE, By the City Council of the City of Bangor, be it
RESOLVED,
THAT the City's Director of Administration, as representative of
the City of Bangor to the Municipal Review Committee, Inc., is
hereby directed to cast the City of Bangor's vote in favor of the
IP CITY COUNCIL
December 28, 1992
Passed by the following yes
and no votes. Cwutilors
voting yes: Blanchette, Bragg,
Saxl, Shubert, Saucy and Sullivan.
Councilor voting no: Frankel.
Councilor Cohen abstaining.
ARM
E E S 0 L V E
Approving Settlement Between Penobscot
nergya ompany Savyei. Inc.,
the City oP Ellsworth and the Towns of Detroit.
Frankfort, Monroe, Newport, Pittsfield. Prospect and Winterport
93-81
proposed settlement at a special meeting of the Municipal Review
Committee, Inc. membership to be held for that purpose on December
30, 1992. Said vote may be cast in person or by proxy.
Be it further,
RESOLVED,
THAT the City Council of the City of Bangor hereby formally
encourages other member Communities of the Municipal Review
Committee to join with the City of Bangor in approving the proposed
settlement; and
Be it further,
ABSOLVED,
THAT the City's Director of Administration is hereby authorized, in
behalf of the City of Bangor, to cast any further votes and to take
all other steps necessary to evidence the coneent of the City of
Bangor to the proposed settlement; and is further authorized to
give the City of Bangor's consent to any other settlements o
agreements between PERC and non -MRC communities, other than the
eight named above, that may be necessary to address and resolve
other outstanding disputes and to assure continued operation of the
PERC facility.