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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. tnt&He *d Depa Manager's Comesentst -64 ,,p�,,���'Ylvn�Yu�✓!c�6`TOHA4 6M au .� E G++�aur City Manager Associated Information; Order Finance Director Ub✓i '"l� 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.