MARBLEHEAD — Board of Health member Tom McMahon discussed a settlement statement written by Town Counsel that outlines an agreement reached between the town, Maverick Construction Management Services Inc., and Kleinfelder Northeast Inc. regarding the landfill closure at the Marblehead Transfer Station during the Board’s meeting on Jan. 14.
The settlement followed years of delays and disputes related to the project and left lingering questions about accountability and cost, according to McMahon.
Town Counsel was asked to write a letter by the Board, a request approved by vote at a previous meeting, McMahon said.
He has been working for “a couple of years now” to get Town Counsel to write an explanation of what happened without jeopardizing settlement funds paid to the town.
From the settlement, the town received $1.2 million, according to McMahon.
The settlement statement was written by Lisa L. Mead, an attorney with Mead, Talerman & Costa, and Marblehead’s special town counsel, and was prepared cautiously due to the nature of the agreement. “Quite frankly, I don’t think they wanted to write anything, period, but I harassed them enough to get it. So we do have a letter,” he said.
McMahon added, “It’s not going to answer any pressing questions that anyone has, and we’re never going to get those answers because then all of a sudden, you’re writing a check back for $1.2 million.”
McMahon emphasized that none of the current Board of Health members served during the portion of the Transfer Station project that led to the settlement, limiting their ability to provide firsthand answers.
He said current members had to learn about the project independently, without a formal transition or briefing, and that offering detailed explanations now would risk speculation.
McMahon said unexpected conditions encountered while capping the historic landfill contributed to cost increases, a process previously outlined in a presentation by Public Health Director Andrew Petty.
McMahon said that the 170-slide presentation which provides context regarding the project was recorded and is available to view on Marblehead TV’s website.
According to McMahon, the remainder of the project is being completed using existing funds and revenue from commercial trash disposal.
The statement written by Town Counsel was not read at the meeting; however, McMahon later released the statement, along with a link to Petty’s presentation about the project.
The statement, addressed to McMahon, was sent by Mead on Jan. 5, 2026.
The letter states it answers the questions, “What dispute gave rise to the settlement, Why there is a non-disagreement clause in the settlement agreement, and why is it drafted as it is, Who messed up, Maverick [Construction Management Services Inc.] or the engineer [Kleinfelder Northeast Inc.], and whoever it is – what did they mess up? Why did we [Marblehead] settle and what exposure justified the amount, [and] what happened to the money.”
According to the letter, the landfill project was designed and constructed by Kleinfelder and Maverick, respectively, with an approximate construction schedule of one year.
“However, due to a number of issues, which were subsequently mediated and ultimately settled … the project took much longer than was originally planned,” the letter read.
The construction of the landfill closure was completed in part on Nov. 23, 2016. “The details of the construction process and the issues that arose during that process and thereafter are well documented in the Landfill Closure Committee meeting minutes as well as the Board of Health minutes,” the letter read.
Mead said in the letter that after the project was completed, litigation was initiated by Maverick against Marblehead in Essex County Superior Court; however, “I cannot characterize Maverick’s claims or speak on its behalf; the complaint speaks for itself. Similarly, the Town’s affirmative defenses and its counterclaim speak for themselves.”
Information regarding the settlement can be found at www.masscourts.org, docket number 1777 CV 01884.
The letter stated the settlement agreement was a result of negotiations between Maverick, Kleinfelder, and the Town during 2019 and 2020, and “each party had to evaluate the risks and the rewards of litigation versus out-of-court resolution(s). I cannot speak to the various factors which the parties took into consideration when coming to their respective positions on resolution of these matters. The resulting language in the Settlement Agreements, including the non-disparagement clause to which you have referred, was the product of negotiations between the parties.”
According to the letter, “the full accounting for the project, including payments to or received from either Maverick or Kleinfelder, should be fully documented with the Board of Health and with the Town’s Finance Department.”
In response to the letter, McMahon said, “Don’t get your hopes up that you’ll get all the answers you want. I think town counsel overly errs on the side of caution, and because of that, there aren’t a lot of specifics. There are references to accounting documents and meeting minutes, which you can request, and I’ve read, but they aren’t helpful in the least. Even though this isn’t the explanation you deserve, I’m not sure that much better will ever be provided.”
In addition to the settlement discussion, the Board of Health received updates on ongoing projects and contracts.
Petty said the Transfer Station project is progressing “nicely” with approximately 30 days left to construction for the season.
Construction crews will return later for line striping and to install a front gate at the facility.
He added components in the facility that have been completed are a truck scale, which is set in its permanent location; the scale pit and lower concrete walls.
Additionally, the site’s office will be sided in the future, and new technology will be added.
The new technology includes a license plate reader, which will verify if patrons of the facility hold permits. These readers have been in use for approximately a year, according to Petty.
The facility will feature a modernized scale, better traffic flow, and improved user communication, Petty said.
Petty also provided an update on the curbside trash collection contract.
He said the town received bids for the contract at 10 a.m. on Jan. 14, which will later be reviewed by him.
“I can get bids and go back to the bidder and say, ‘Hey, I want to talk about this with you. I think you can go lower.’ I have the right to do that,” he said.
After the review process, Petty will present a recommendation to the Board for approval.
He said there are three options for trash pickup. An automated option, which will have an arm to pick up barrels from the curb where all residents have a standardized barrel, an automated option that includes bi-weekly recycling, and an option that operates as the current model for trash pickup does.
“We believe we know the direction we’re heading in. It’s our understanding that what we’re doing today would actually be the most expensive. The reason why it’s the most expensive is that it’s the most number of employees. You have a driver, you have [collectors] on the backside. Going automated or automation, is technically, [it] should be cheaper than all the other options,” Petty said.
