HomeMy WebLinkAboutmin brd of selectmen 12/20/00 Exec
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Board of Selectmen
Executive Session Minutes
December 20, 2000
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Present: Chairman David W. McCarter: Clerk Bradford E. WiIIs:'~:s:êleä'M~llális P.
Amoruso; and Daniel Donovan.
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Also present were Town Manager John O. D'Agostino, Town Counsel Robert S.
Mangiaratti, and DPW Director Lee Azinheira
The Executive Session was convened at 7:04 p.m. to discuss the settlement
agreement reached on the Skanco case.
Town Counsel reviewed the case whereby we sued the Town of Foxboro because they
had exceeded their allocation for sewerage under a 1986 agreement. The basis of our
claim was we calculated their allocation based on the number of residential bedrooms.
Homes we expected to be three bedrooms ended up being four and five bedrooms, which
would have cost a great deal more money. It went to summary judgment this summer
and the Town prevailed. Foxboro then sued several homeowners associations and
Skanco, the developers of the project.
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Based upon Lee's calculations we've come up with $230,017.98 for the capital
charge as of November 1st; $56,345,79 for the fixed cost. We believe this is
100'0 recovery. Foxboro is reluctant to come up with money immediately because
they're going to try to get the money from Skanco and the development
associations. They've agreed the interest will accrue on the bulk of it. They've
asked us to enter into the agreement for judgment to eliminate any chance of
miscalculation by the court. We therefore would not need to go forward with an
assessment of damages. The Homeowner Association will be coming up with
$56,000 plus immediately. Town Counsel suggested there was no down side to the
agreement. We're fixing the amount of damages and getting $56,000 forthwith,
with the balance of $230,000 accruing interest at 12'0. This provides us with
certainty as to what we're going to recover. If we didn't sign the agreement, we'd
go forward with the assessment of damages and hope the judge would come up with
the same number. It doesn't mean we'd have a final judgment. A court will not
enter final judgment until all claims are resolved. We wouldn't be able to collect
any earlier than we are now. Under Rule 54b, if there is undue delay after a certain
amount of time, we could go forward. If in 6-12 months we haven't received our
money, we could go forward with that.
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John D'Agostino said he is concerned that if they don't pay in the time we give
them, will we be able to ask for an additional penalty. Town Counsel replied if we
Executive Session Minutes of December 20, 2000
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(' went to a judge for undue delay, then the judge would say we've waited long enough.
A judge would then allow separate final judgment at 12'0.
Mr. D'Agostino noted the Board has to decide. The staff's recommendation is we
accept the settlement agreement.
Motion: To authorize Town Counsel to sign the Agreement $230,117.98 plus
$56,345.79 as of November 1st for a $286,463.77 total plus interest
(Donovan-Amoruso) 4-0
Roll call vote: Donovan, aye; Wills, aye; Amoruso, aye; McCarter, aye
Passes
Motion: To adjourn Executive Session at 7:45 p.m. and return to Open Session.
(Wills-Donovan) 4-0
Roll Call Vote: Amoruso, aye; Donovan, aye; Wills, aye; McCarter, aye. All in favor
Passes
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Date of Release
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Executive Session Minutes of December 20, 2000
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