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HomeMy WebLinkAboutSELECTMENexecutive minutes11282007-20090908150042 Town of Mansfield Board of Selectmen Minutes of November 28, 2007 Present: Chairman Louis Amoruso, Vice Chairman Sandra Levine, Clerk-Ann Baldwin, Selectman George Dentino, Selectman David McCarter. John D'Agostino, Town Manager, Lee Azinheira, DPW Director, Town Counsel Robert Mangiaratti and Katherine Murphy are 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. (Baldwin/McCarter) 4:0 passes. Roll call vote to go into Executive Session: Chairman Amoruso aye, Selectman Dentino aye, Selectman Baldwin aye, Selectman McCarter aye. Selectman Levine arrived at 7:05pm Water suit with the town of Norton. short recap of the water settlement between the towns of Norton and Mansfield. There was a change in the agreement with a sentence being changed to "judgment of court" from "agreement for judgment." Atty. Mangiaratti feels this is immaterial to the case and recommends going forward with the settlement. Mr. Azinheira concurred. Selectman Amoruso objected to the change in language. He felt that this was just another in a long line of unfriendly, litigious tactics. Motion: To accept change and sign settlement. (Levine/Baldwin) 4:1 passes Roll call vote: Chairman Amoruso nay, Vice Chair Levine aye, Selectman McCarter aye, Selectman Dentino aye, Clerk Baldwin aye. MCAD complaint from John Beliveau. This complaint was received on November 20, 2007. The Town of Mansfield/MMED/Board of Selectmen/ Town Manager John D'Agostino and Sandra Levine named individually. The due date to respond to this is December 12, 2007. The board will gather information on what was said or discussed about Dr. Beliveau in the newspapers, meeting minutes, deposition and hearings for the attorneys. The board has also asked for a motion for clarification on this complaint. The case will be assigned to an Board of Selectmen Minutes of November 28, 2007 1 investigator and a determination of no finding or probable cause will come from the investigation. Attorneys Mangiaratti and Murphy will be provided with the minutes of past meetings. Dr. Beliveau's complaints are so vague that the minutes will have to be researched. Discussion: Selectman Dentino wanted to know if Selectman Levine should abstain from this vote as she is individually named as a defendant. The board discussed this issue and decided that Selectman Levine should be able to vote. Motion: To go forward with response to MCAD complaint and authorize town counsel to represent the named defendants. (Baldwin/McCarter) 5:0 passes Motion: Should Selectman Levine abstain from voting on the above motion? No, she can vote just like all other board members. (Baldwin/McCarter) 4:1 passes (Dentino nay) Motion: To adjourn executive session at 8:00pm and return to open session. (Baldwin/McCarter) Roll call vote: Chairman Amoruso aye, Vice Chair Levine aye, Selectman McCarter aye, Selectman Dentino aye, Clerk Baldwin aye. /e:>> ~U/? Signature of Clerk ~e-m-k 2; 2tJtJf' Date of Approval ~e-m-k 2; 2tJtJf' Date of Release Board of Selectmen Minutes of November 28, 2007 2