The URL can be used to link to this page

Home My WebLink Aboutmin brd of selectmen 08/01/01 Exec r Board of Selectmen Executive Session Minutes August 1, 2001 . RECEIVED row;.,! c, r:-p~{S OFF ICE o I AUG I 6 AM fO: 00 11ANSF íELD Present: Louis P. Amoruso, Chairman; Michael W. McCue, Clerk; B~a~1~r~C~~~I.TS Vice Chairman; and Selectmen David W. McCarter and Daniel Donovan. Acting Town Manager and DPW Director Lee M. Azinheira; Town Counsel Robert s. Mangiaratti; and Manager of Buildings and Special Projects, Mike Ahern. The Executive Session convened at 9:58 p.m. for the purpose of discussing strategy regarding litigation on the Town Hall air conditioner. Town Counsel Mangiaratti reviewed the Strekalovsky & Hoit matter that IS In mediation and will come to trial later this month if not resolved. The memorandum prepared and given to the Board is the case they will be presenting to the mediator stating the Town has suffered damages in the amount of $73,000. A copy is attached hereto. The claim, however, is exaggerated and there's no thought we will collect that amount. We are trying to collect as much as possible to make up for the aggravation and expense the Town has suffered. There's a factual dispute r- about the drainage. Their position with respect to the drainage outside is the Town officials were advised there was a problem with the drainage and told them to go forward with it anyway. In order to recover in a lawsuit you must have liability and damages. Their argument is we never suffered a loss because if it had been discovered early on, we still would have had to pay for the fix. We will be arguing that there were damages due to the flooding of the basement. With respect to the chiller, the consultant who we would use as our expert witness has passed away. We spent approximately $35,000 to resolve the problem and claim will have to spend another $30,000-which we do not intend to do. He requested the Board send a representative to the mediation. The impartial mediator listens and gives insight as to how the Court would view the matter and makes accommodations accordingly. If this is not possible on August 8th, Lee Azinheira and Mike Ahern will be there to represent the Town. The $45,000 figure given to Attorney Susan Jacobs authority to settle for is not realistic. The chiller now falls within the noise level guidelines of DEP. The stronger case is for the $30,000 for the box. If the municipal drainage system were defective, we would have had to fix it sooner or later, so they will argue that it is not their responsibility. The design of the building, however, with the entrance being placed lower than ever, was responsible for the damage incurred as the result of the r- flooding. We're now running the air conditioner during all working hours, including Wednesday nights, and we have not received any complaints. Executive Session Minutes of August 1, 2001 1 r The question was raised as to what would be a reasonable amount to settle for. If we have to go to Court, the outlook is not good. We will not be spending any additional money and the object is to recover some of the money we have spent and return it to free Cash. Some of the work was actually done by our own staff without incurring additional expense. A new minimum amount to agree on was discussed, with authorization being given to accept $25,000 Motion: To authorize Susan Jacobs to settle for $25,000 (McCarter-Wills) Roll Call Vote: McCarter, aye; Wills, aye; McCue, aye; Donovan, aye; Amoruso, aye. 5-0 Passes Motion: To adjourn and reconvene in Open Session at 10:17 p.m. (McCarter-Donovan) Roll Call Vote: Wills, aye; Donovan, aye; McCue, aye; McCarter, aye; Amoruso, aye. 5-0 Passes r -~.~ Signature of Clerk 15 )()~ oj Date of Approval /j A()0, Of Date of Release r Executive Session Minutes of August 1, 2001 2 ; i. r TOWN OF MANSFIELD v. STREKALOVSKY & HOlT, ET AL TOWN OF MANSFIELD'S CASE SUMMARY INTRODUCTION r Pursuant to a contract between the parties dated March 10, 1995, the defendant rendered architectural services to the Town in connection with the renovation of a building which was to serve as the Town's Town Hall. On September 15, 1999, the Town of Mansfield filed suit against the defendant alleging breach of contract and negligence. The Town alleges that the defendant failed to render services in a manner consistent with professional skill and care and in conformity with the specifications and requirements set forth in the contract between the parties. As a result of the defendant's negligence and breach of contract, the Town was deprived of full use of its air-conditioning system, has been required to hire noise consultants and to construct a noise attenuation structure, and experienced flooding at the main entrance of its building. The Town has incurred, or will incur, expenses of approximately $75,000.00 as a result of the defendant's negligence and breach of contract. FACTS The defendant selected a chiller unit to be installed at the Town Hall building and selected the location for the unit's installation. In selecting a site for the chiller, the defendant did not consider the noise which would be generated by the unit. r r In fact, the chiller made a great deal of nOlse. The location selected by the defendants for installation of the unit is in a sound sensitive area, very close to neighboring houses and to Town Hall windows. Trane, the manufacturer of the unit, recommends installation away from sound sensitive areas. On June 17, 1997, as a result of the excessive noise generated by the chiller unit, the Mansfield Board of Health declared the chiller a nuisance and issued a Notice of Noise Violation. At one point, operation of the chiller was prohibited by the Mansfield Board of Health. To address the problem created by the chiller, the Town hired noise consultants and constructed a noise attenuation structure. Presently, the Town is allowed to operate the chiller between the hours of 10:00 a.m. and 3:00 p.m. Had the chiller been installed in a less sound sensitive area, the Town would not have incurred costs for noise consultants and construction of a noise attenuation structure. r The Town has incurred expenses of $25,466.33 for hiring noise consultants and building a noise attenuation structure. The Town expects to incur additional expenses of $30,000.00 to construct a roof for the noise attenuation structure. In connection with the same project, the Defendant's design called for catch basins to connect to the Town's South Main Street drainage pipes even though those pipes were already at full capacity. The Defendant negligently failed to advise the Town that the drainage pipes on South Main Street were already at full capacity before the Town Hall project began. In addition, the defendant's design did not provide a spillway to route water away from the building. As a result of the defendant's negligence, water flowed into the foyer of the Town Hall building after a heavy rain in December 1997. The water in the foyer was 4" deep and 18" r deep against the doors. The Town incurred costs for clean up of the foyer and pumping out 2 r the water. The carpet became soaked and still smells sometimes. The Town estimates that it would cost $9,000.00 to replace the carpet. To address the drainage problems, the Town was required to install a leaching system on the South Common, as well as a backwater prevention valve and manholes. The Town would have saved money if the infiltration system had been part of the original Town Hall drainage design. If designed before construction of the new parking lot in front of Town Hall, the drainage scheme would be different from the current system. The lower area in front of the new front entrance currently drains through a catch basin in the parking lot and then to the street. Because of flooding at the new entrance, the Town has installed a backflow preventer and an overflow into infiltrators under the South Common. Currently, if the street drainage is surcharged, the Town Hall drainage overflows into the infiltrators. r If designed before construction, the recommended drainage scheme would have been to drain the lower area, along with the related roof drains, into infiltrators. The area in back of Town Hall was done in this manner and has not experienced any flooding. The parking area in front of the building would be drained into the street and graded in a manner as not to overflow into the lower area. The drainage area contributing to the lower area is approximately 30% of the drainage area contributing to the front drainage, and as such, the cost is estimated at 300/0 of the cost of the total infiltrators used. . Estimated Cost of Drainage Improvements to Town Hall as per DPW Estimate: $25,000.00 . Estimated Cost of Drainage for Lower Area: $7,660.00 (' 3 ( . Additional Cost to the Town for Post- Construction Improvements: $17,878.00 In addition, the Town incurred expenses of approximately $1,000.00 for the cleanup of the flooding. CONCLUSION The Town has incurred damages of $74,344.44 as a result of the defendant's negligence. Town of Mansfield, By Its Attorneys, Volterra, Goldber Mangiaratti & Jacobs Law Counsellors, c. r Susan Jacobs Three Mill Street Attleboro, MA 02703 (508) 222-1463 Dated: August 1, 2001 ,I""" 4