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HomeMy WebLinkAboutSELECTMENminutes09192007-20090908145612 Town of Mansfield Board of Selectmen Minutes of September 19, 2007 Present: Chairman Louis Amoruso, Vice Chairman Sandra Levine, Clerk Ann Baldwin, Selectman George Dentino, Selectman David McCarter. John D'Agostino, Town Manager, Town Counsel Robert Mangiaratti, Lee Azinheira and Ken Hackett also present The Board of Selectmen's meeting was called to order at 7:00pm Motion: To convene to Executive Session to discuss pending litigation. (Dentino/Levine) 3:0 passes. Roll call vote to go into Executive Session: Chairman Amoruso aye, Vice Chair Levine aye, Selectman Dentino aye. Selectman Baldwin came in 7:15pm and Selectman McCarter at 7:25pm after session convened Brief overview of Town of Mansfield vs. Town of Norton sewer litigation case by Atty. Robert Mangiaratti. 60,000 gallons of water would have to have been pumped for $150,000 to be owed. However water pumping records were down for that month. Both Mansfield and Norton checked the meters and there was no explanation for jump in reading. The trial is set to begin in November. The Town of Norton wants capacity not money from this lawsuit. Flow vs. Title V standards are a sticking point. Norton bought 500,000 gallons of flow per day so they want actual flow capacity not Title V measured (which is more stringent.) Selectman Dentino asked if there is anywhere between the meters that the water could have gone? Mr. Hackett stated that it is possible but unlikely and nothing has been documented that this occurred. Motion: Have Atty. Mangiaratti present settlement that capacity will be provided to the Town of Norton in their critical areas for dropping lawsuit. They also need to use SCADA equipment. (McCarter/Baldwin) 5:0 passes Roll call vote: Chairman Amoruso aye, Vice Chair Levine aye, Selectman McCarter aye, Selectman Dentino aye, Clerk Baldwin aye. Board of Selectmen Minutes of September 19, 2007 Foxboro Lodge discussion: This would not be a jury trial; it would be decided by a judge. Atty. Mangiaratti feels the case is strong however we may want to settle for $250,000. Mansfield is running out of capacity as the town grows and may have to have a water moratorium in a couple of years so we can't afford to give away capacity. Motion: To authorize Atty. Mangiaratti to conclude financial arrangements with Foxboro for $250,000 and SCADA equipment. (Levine/Baldwin) 5:0 passes Roll call vote: Chairman Amoruso aye, Vice Chair Levine aye, Selectman McCarter aye, Selectman Dentino aye, Clerk Baldwin aye. Motion: To adjourn executive session at 8pm. Roll call vote: Chairman Amoruso aye, Vice Chair Levine aye, Selectman McCarter aye, Selectman Dentino aye, Clerk Baldwin aye. ~~oJ-- Aerm ~-t-~ ~~ t; 2~~'f' Signature of Clerk Date of Approval/release Board of Selectmen Minutes of September 19, 2007 2