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From the Desk of Robert G. Kaley, II May 24,1996 XCC: D.B. Herndon - B2NG J. P. Hyland - F2EB M. A. Pierle - A3NA w 2 g f996 DSW 133238 STLCOPCB4033196 Monsanto Monsanto Company 800 N. Lindbergh Boulevard St. Louis, Missouri 63167 Phone: (314) 694-1000 May 24,1996 Mr. John A. Poole, Jr., Chief Land Division Alabama Department of Environmental Management 1751 Cong. W. L. Dickinson Drive Montgomery, AL 36109-2608 Dear Mr. Poole: This report supplements the reports submitted on March 29,1996, April 17,1996, and May 10, 1996, in compliance with Section A.(2) of the Consent Order between Monsanto Company and the Alabama Department of Environmental Management dated March 8, 1996. The addresses below are as denoted in Appendix I of the Order. 800 Boynton Avenue: Ms. Flora Corbett resides in this home, which is owned by Ms. Eloise Mealing. (Monsanto has offered to buy this property and other property owned by Mrs. Mealing under the terms of the Property Purchase Program.) We have been advised that Ms. Corbett is represented by attorney Grover Hankins. Mr. Hankins has informed Monsanto by letter that his clients consider the offers to purchase property under the Property Purchase Program to be inadequate. Although Mr. Hankins has not expressly rejected Monsanto's offers of temporary relocation and cleaning, he has stated that he prefers that the funding for temporary relocation be used to enhance the offers for permanent relocation under the Property Purchase Program. On May 9,1996, Mr. Hankins filed a motion to intervene in a pending federal lawsuit in which Monsanto is the defendant, attaching a proposed complaint naming Monsanto as the defendant. The motion to intervene has been granted. Ms. Corbett is one of the named plaintiffs in this action. Monsanto is currently engaging in further discussions with Mr. Hankins regarding offers for property purchase under the Property Purchase Program, temporary relocation, and cleaning. 802 Boynton Avenue: Ms. Eloise Mealing resides in this home, which she owns. Monsanto has offered to buy this property and other property owned by Ms. Mealing under the terms of the Property Purchase Program. We have been advised that Ms. Mealing is represented by attorney Grover Hankins. Mr. Hankins has informed sw 133239 STLCOPCB4033197 Mr. John A. Poole, Jr., Page 2 May 24, 1996 Monsanto by letter that his clients consider the offers to purchase property under the Property Purchase Program to be inadequate. Although Mr. Hankins has not expressly rejected Monsanto's offers of temporary relocation and cleaning, he has stated that he prefers that the funding for temporary relocation be used to enhance the offers for permanent relocation under the Property Purchase Program. On May 9, 1996, Mr. Hankins filed a motion to intervene in a pending federal lawsuit in which Monsanto is the defendant, attaching a proposed complaint naming Monsanto as the defendant. The motion to intervene has been granted. Ms. Mealing is one of the named plaintiffs in this action. Monsanto is currently engaging in further discussions with Mr. Hankins regarding offers for property purchase under the Property Purchase Program, temporary relocation, and cleaning. 811 Boynton Avenue: Ms. Odessa Reese resides in this home, which she owns. Monsanto has offered to buy this property under the terms of the Property Purchase Program. We have been advised that Ms. Reese is represented by attorney Grover Hankins. Mr. Hankins has informed Monsanto by letter that his clients consider the offers to purchase property under the Property Purchase Program to be inadequate. Although Mr. Hankins has not expressly rejected Monsanto's offers of temporary relocation and cleaning, he has stated that he prefers that the funding for temporary relocation be used to enhance the offers for permanent relocation under the Property Purchase Program. On May 9, 1996, Mr. Hankins filed a motion to intervene in a pending federal lawsuit in which Monsanto is the defendant, attaching a proposed complaint naming Monsanto as the defendant. The motion to intervene has been granted. Ms. Reese is one of the named plaintiffs in this action. Monsanto is currently engaging in further discussions with Mr. Hankins regarding offers for property purchase under the Property Purchase Program, temporary relocation, and cleaning. 813 Boynton Avenue: Mr. and Mrs. Jimmy Thomas reside in this home, which they and/or Mrs. Thomas' parents own. We have been advised that Mr. and Mrs. Thomas are represented by attorney Grover Hankins. Mr. Hankins has informed Monsanto by letter that his clients consider the offers to purchase property under the Property Purchase Program to be inadequate. Although Mr. Hankins has not expressly rejected Monsanto's offers of temporary relocation and cleaning, he has stated that he prefers that the funding for temporary relocation be used to enhance the offers for permanent relocation under the Property Purchase Program. On May 9,1996, Mr. Hankins filed a motion to intervene in a pending federal lawsuit in which Monsanto is the defendant, attaching a proposed complaint naming Monsanto as the defendant. The motion to intervene has been granted. Mr. and Mrs. Thomas are named plaintiffs in this action. Monsanto is currently engaging in further discussions with Mr. Hankins regarding offers for property purchase under the Property Purchase Program, temporary relocation, and cleaning. DSW 133240 STLCOPCB4033198 Mr. John A. Poole, Jr., Page 3 May 24, 1996 1501 W. 8th Street: Ms. Dorothy Hammock resides in this home, which she owns. We have been advised that Ms. Hammock is represented by attorney Grover Hankins. Mr. Hankins has informed Monsanto by letter that his clients consider the offers to purchase property under the Property Purchase Program to be inadequate. Although Mr. Hankins has not expressly rejected Monsanto's offers of temporary relocation and cleaning, he has stated that he prefers that the funding for temporary relocation be used to enhance the offers for permanent relocation under the Property Purchase Program. On May 9,1996, Mr. Hankins filed a motion to intervene in a pending federal lawsuit in which Monsanto is the defendant, attaching a proposed complaint naming Monsanto as the defendant. The motion to intervene has been granted. Ms. Hammock is one of the named plaintiffs in this action. Monsanto is currently engaging in further discussions with Mr. Hankins regarding offers for property purchase under the Property Purchase Program, temporary relocation, and cleaning. 517 Ferron Avenue: Mr. Andrew Hartsfield resided in this home. It is Monsanto's understanding that Mr. Hartsfield is being cared for in a nursing home, Colonial Pines. It is Monsanto's further understanding that Mr. Hartsfield is unlikely to return to the Ferron Avenue address. 527 Ferron Avenue: Mr. Jimmie Armstrong lives in this home, which was owned by his mother, Ms. Carol Armstrong. Monsanto has purchased this property and other property owned by Ms. Armstrong under the terms of the Property Purchase Program. We have been advised that Ms. Armstrong and Mr. Armstrong are represented by attorney Bud Turner. Mr. Turner advised that Monsanto could discuss relocation directly with Mr. Armstrong. Mr. Armstrong and his mother have located property to which they intend to relocate on a permanent basis. Monsanto is currently assisting Mr. Armstrong in identifying temporary housing until his permanent relocation. 529 Ferron Avenue: Mr. Nixon and Ms. Williams live in this home, which they own. Monsanto has offered to purchase this property under the terms of the Property Purchase Program. We have been advised that Mr. Nixon and Ms. Williams are represented by attorney Donald Steward. Monsanto was informed by Mr. Stewart that Mr. Nixon and Ms. Williams wished to accept Monsanto's offer under the Property Purchase Program. The sale of this property under the Monsanto Property Purchase Program was closed on May 20,1996. Monsanto's offer to clean Mr. Nixon's and Ms. Williams' furnishings prior to their permanent relocation was extended at the closing and through a letter to Mr. Stewart and discussion with Mr. Stewart. Mr. Stewart has advised Monsanto that Mr. Nixon and Ms. Williams have declined cleaning of their furnishings prior to their permanent relocation. 610 Montrose Avenue: Ms. Sallie Franklin lives in this home, which she owns. We have been advised that Ms. Franklin is represented by attorney Donald Stewart. Mr. Stewart OSW 133241 STLCOPCB4033199 Mr. John A. Poole, Jr., Page 4 May 24,1996 has notified Monsanto that "...none of our clients has authorized us to accept any property purchase offers..." A meeting for further discussion of the relocation and cleaning offer with Mr. Stewart and his clients was held on Tuesday, April 2. Subsequently, Mr. Stewart has notified Monsanto that his clients "...do not want people from Monsanto on their property to clean..." Mr. Stewart has also stated, "We are going to get a clarification from the appropriate authorities as to what can be done about relocating our people." On March 28,1996, attorney Donald Stewart filed a lawsuit in the Circuit Court of Calhoun County naming Monsanto Company and Anniston Plant Manager Jack Mayausky as defendants. Ms. Franklin is one of the named plaintiffs in that lawsuit. Through discussion with Mr. Stewart and a May 24, 1996, letter to Mr. Stewart, Monsanto has again extended offers to include this property in the Property Purchase Program and to provide temporary relocation and cleaning. Monsanto is awaiting a response from Mr. Stewart. 612 Montrose Avenue: Mr. and Mrs. Curtis Bowie live in this home, which they own. Mr. and Mrs. Bowie have accepted Monsanto's offer under the Property Purchase Program and a contract has been signed. A closing date is being scheduled. On April 24 and 25, 1996, Mr. and Mrs. Bowie were temporarily relocated while their home and furnishings were cleaned. 625 Montrose Avenue: Mr. and Mrs. Glen Ray, Sr., lived in this home. The sale of this property under the Monsanto Property Purchase Program was closed on April 16, 1996. Mr. and Mrs. Ray have permanently relocated. This house is vacant. 710 Montrose Avenue: Ms. Annie Pottard lives in this home, which she owns. Ms. Pottard accepted Monsanto's offer under the Property Purchase Program. The sale of this property under the Monsanto Property Purchase Program was closed on May 17,1996. Mrs. Pottard's furnishings were cleaned on May 23,1996, prior to her anticipated permanent relocation on May 24, 1996. 714 Montrose Avenue: Ms. Susie Trammell lives in this home, which she owns. We have been advised that Ms. Trammell is represented by attorney Donald Stewart. Mr. Stewart has notified Monsanto that "...none of our clients has authorized us to accept any property purchase offers..." A meeting for further discussion of the relocation and cleaning offer with Mr. Stewart and his clients was held on Tuesday, April 2. Subsequently, Mr. Stewart has notified Monsanto that his clients "...do not want people from Monsanto on their property to clean..." Mr. Stewart has also stated, "We are going to get a clarification from the appropriate authorities as to what can be done about relocating our people." On March 28,1996, attorney Donald Stewart filed a lawsuit in the Circuit Court of Calhoun County naming Monsanto Company and Anniston Plant Manager Jack Mayausky as defendants. Ms. Trammell is one of the named plaintiffs in that lawsuit. Through discussion with Mr. Stewart and a May 24, 1996, letter to Mr. DSW 133242 STLCOPCB4033200 Mr. John A. Poole, Jr., Page 5 May 24, 1996 Stewart, Monsanto has again extended offers to include this property in the Property Purchase Program and to provide temporary relocation and cleaning. Monsanto is awaiting a response from Mr. Stewart. 720 Montrose Avenue: The Reverend and Mrs. Thomas Long live in this home, which they own. We have been advised that the Reverend and Mrs. Long are represented by attorney Donald Stewart. Mr. Stewart has notified Monsanto that "...none of our clients has authorized us to accept any property purchase offers..." A meeting for further discussion of the relocation and cleaning offer with Mr. Stewart and his clients was held on Tuesday, April 2. Subsequently, Mr. Stewart has notified Monsanto that his clients "...do not want people from Monsanto on their property to clean..." Mr. Stewart has also stated, "We are going to get a clarification from the appropriate authorities as to what can be done about relocating our people." The Reverend Long, represented by Mr. Stewart, filed suit on March 27,1996, naming Monsanto Company and Anniston Plant Manager Jack Mayausky as defendants. Through discussion with Mr. Stewart and a May 24, 1996, letter to Mr. Stewart, Monsanto has again extended offers to include this property in the Property Purchase Program and to provide temporary relocation and cleaning. Monsanto is awaiting a response from Mr. Stewart. 800 Montrose Avenue: This property is owned by Bethel Missionary Baptist Church. The Church has accepted Monsanto's offer under the Property Purchase Program and a contract has been signed. A closing date is being scheduled. This house is vacant. 810 Montrose Avenue: Ms. Helen Clegg lives in this home, which is owned by Ms. Emily Pierson. Ms. Pierson accepted Monsanto's offer to purchase this property under the Property Purchase Program. The sale of this property under the Monsanto Property Purchase Program was closed on May 20,1996. On April 17-19,1996, Ms. Clegg was temporarily relocated while her home and furnishings were cleaned. It is Monsanto's understanding that Ms. Clegg will permanently relocate May 24-27,1996. 814 Montrose Avenue: Mr. Jeremiah Smith lives in this home, which he owns. We have been advised that Mr. Smith is represented by attorney Grover Hankins. Mr. Hankins has informed Monsanto by letter that his clients consider the offers to purchase property under the Property Purchase Program to be inadequate. Although Mr. Hankins has not expressly rejected Monsanto's offers of temporary relocation and cleaning, he has stated that he prefers that the funding for temporary relocation be used to enhance the offer for permanent relocation under the Property Purchase Program. On May 9,1996, Mr. Hankins filed a motion to intervene in a pending federal lawsuit in which Monsanto is the defendant, attaching a proposed complaint naming Monsanto as the defendant. The motion to intervene has been granted. Mr. Smith is one of the named plaintiffs in this action. Monsanto is currently engaging in further discussions with Mr. Hankins DSW 133243 STLCOPCB4033201 Mr. John A. Poole, Jr., Page 6 May 24,1996 regarding offers for property purchase under the Property Purchase Program, temporary relocation, and cleaning. 907 Montrose Avenue: Ms. Beatrice Edwards lives in this home, which she owns. Ms. Edwards accepted Monsanto's offer to purchase this property under the Property Purchase Program. The sale of this property under the Monsanto Property Purchase Program was closed on May 20,1996. Ms. Edwards has accepted cleaning of her furnishings prior to her permanent relocation. It is Monsanto's understanding that Ms. Edwards will permanently relocate within the next two weeks. 915 Montrose Avenue: Ms. Helen Sumlin lives in this home, which is owned by Ms. Sumlin and six siblings. Monsanto has made an offer to purchase this property under the Property Purchase Program, and six of the seven owners have signed contracts. Closing with those six is scheduled for May 29,1996. It is Monsanto's understanding that Mrs. Sumlin will permanently relocate shortly. Ms. Sumlin has declined temporary relocation and cleaning of her residence. 1530 W. Sixth Street: Ms. Carol Armstrong lived in this home, which she previously owned. Monsanto has purchased this property and other property owned by Ms. Armstrong under the terms of the Property Purchase Program. We have been advised that Ms. Armstrong is represented by attorney Bud Turner. Mr. Turner advised that Monsanto could discuss relocation directly with Ms. Armstrong. Monsanto has arranged temporary relocation of Ms. Armstrong and her family until she is able to permanently relocate. Ms. Armstrong and her family moved from the Sixth Street address on May 4 and May 5,1996. On May 2,1996, Ms. Armstrong's furnishings were cleaned prior to her move. This mobile home is vacant. 1531 W. Sixth Street: Ms. Magerline Walker lives in a mobile home on this property. Monsanto has purchased this property under terms of the Property Purchase Program. Monsanto had previously offered to purchase Ms. Walker's mobile home. We have been advised that Ms. Walker is represented by attorney Donald Stewart. On March 28, 1996, attorney Donald Stewart filed a lawsuit in the Circuit Court of Calhoun County naming Monsanto Company and Anniston Plant Manager Jack Mayausky as defendants. Ms. Walker is one of the named plaintiffs in that lawsuit. On May 20, 1996, Monsanto communicated to Mr. Stewart an offer to purchase Ms. Walker's mobile home under terms for owners under the Property Purchase Program. We have been advised by Mr. Stewart that Ms. Walker has accepted Monsanto's offer. A closing for the sale of this mobile home under the Property Purchase Program is scheduled for May 28, 1996. Monsanto offered Ms. Walker cleaning of her furnishings prior to her permanent relocation, but Monsanto has been advised by Mr. Stewart that Ms. Walker has declined that offer. OSW 133244 STLCOPCB4033202 Mr. John A. Poole, Jr., Page 7 May 24, 1996 1608 W. Sixth Street: Ms. Barbara Bolton lived in this home, which is owned by Ms. Juell Jackson. Ms. Bolton permanently relocated on May 1, 1996. On April 30,1996, Ms. Bolton's furnishings were cleaned prior to her move. 1612 W. Sixth Street: Ms. Juell Jackson lives in this home, which she owns. We have been advised that Ms. Jackson is represented by attorney Donald Stewart. Mr. Stewart has notified Monsanto that "...none of our clients has authorized us to accept any property purchase offers..." A meeting for further discussion of the relocation and cleaning offer with Mr. Stewart and his clients was held on Tuesday, April 2. Subsequently, Mr. Stewart has notified Monsanto that his clients "...do not want people from Monsanto on their property to clean..." Mr. Stewart has also stated, "We are going to get a clarification from the appropriate authorities as to what can be done about relocating our people." On March 28,1996, attorney Donald Stewart filed a lawsuit in the Circuit Court of Calhoun County naming Monsanto Company and Anniston Plant Manager Jack Mayausky as defendants. Ms. Jackson is one of the named plaintiffs in that lawsuit. Through discussion with Mr. Stewart and a May 24, 1996, letter to Mr. Stewart, Monsanto has again requested that Ms. Jackson reconsider the offer to purchase her property under the Property Purchase Program and the offer to provide temporary relocation and cleaning. Monsanto is awaiting a response from Mr. Stewart. 800 Cobb Town Road: Mr. Enoch Bell lives in this home, which is owned by Ms. Mabel Hankerson, who Monsanto believes is Mr. Bell's stepdaughter. We have been advised that Mr. Bell is represented by attorney Grover Hankins. Mr. Hankins has informed Monsanto by letter that his clients consider the offers to purchase property under the Property Purchase Program to be inadequate. Although Mr. Hankins has not expressly rejected Monsanto's offers of temporary relocation and cleaning, he has stated that he prefers that the funding for temporary relocation be used to enhance the offer for permanent relocation under the Property Purchase Program. On May 9,1996, Mr. Hankins filed a motion to intervene in a pending federal lawsuit in which Monsanto is the defendant, attaching a proposed complaint naming Monsanto as the defendant. The motion to intervene has been granted. Mr. Bell is one of the named plaintiffs in this action. Monsanto is currently engaging in further discussions with Mr. Hankins regarding offers for property purchase under the Property Purchase Program, temporary relocation, and cleaning. Bethel Missionary Baptist Church: Monsanto is currently in discussions with the church for relocation to a new facility. Cleanings have continued on a weekly basis since March 29. Mars Hill Missionary Baptist Church: Mars Hill Missionary Baptist Church, which is represented by Mr. Donald Stewart, filed suit on March 19,1996, naming Monsanto Company and Anniston Plant Manager Jack Mayausky as defendants. Monsanto has DSW 133245 STLCOPCB4033203 Mr. John A. Poole, Jr., Page 8 May 24, 1996 offered relocation of the Church to a new facility. Monsanto has offered weekly cleaning of the Church in a discussion with Mr. Stewart and by letter to Mr. Stewart. A meeting for further discussion of the relocation and cleaning offer with Mr. Stewart and his clients was held on Tuesday, April 2. Subsequently, Mr. Stewart has notified Monsanto that his clients "...do not want people from Monsanto on their property to clean..." Yours very truly, Robert G. Kaley, II ^ Director, Environmental Affairs Monsanto Company cc: Brian J. Hughes, Ph.D., Alabama Department of Public Health OSW 133246 STLCOPCB4033204