HomeMy WebLinkAboutmin brd of selectmen 07/24/02 Exec
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Board of Selectmen
Executive Session Minutes
July 24, 2002
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An Executive Session was convened at 7:01 p.m. for the purpose of discussing
litigation.
Present were: Chairman Daniel Donovan, Vice Chairman Michael W. McCue, Clerk
Steven W. MacCaffrie, Selectmen David W. McCarter and Louis P. Amoruso. Also
present were DPW Director Lee M. Azinheira as Acting Town Manager during the
vacation of Town Manager John o. D'Agostino, Water Operations Manager Kurt
Gaffney, and Town Counsel Robert S. Mangiaratti.
Mr. Azinheira explained that after the meter change out occurred at Webb Place,
they were all off by a factor of 10. We went back and calculated corrected bills
and sent them to the Webb Place Condominium Association. The total for the three
buildings was $24,000. They advised us that a number of the units had changed
hands during that time and they felt they should not have to pay for those units.
r They turned it over to their lawyer a~~ in April she submitted a letter in which
they broke down the units that had 'changed hands and what they felt was the
actual amount incurred - $18,059. They proposed payment of $15,000 at that
point, which has since been increased to $17,000. If this were a private home, we
would pro-rate it in a situation such as this. Mr. Azinheira said he's met with Town
Counsel and we have some concern about going into litigation. We believe the
approach they've taken is reasonable. They've offered to pay over seventeen
months starting in January.
Town Counsel Mangiaratti noted the Town has a good case and we only went back six
years. Courts are sometimes sympathetic to a resident who has a meter that was
not being read correctly. He believes the compromise is reasonable. There was
cause for a water audit and a leak was detected. Mr. Mangiaratti supports the
recommendation of the DPW Director. He stated he wants to draft the agreement
and wants to be certain we have authorized trustees signing it.
Mr. Gaffney noted the meters were changed from gallons to cubic feet, which
displays a "dummy" zero.
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Chairman Donovan suggested waiting to January is reasonable. Town Counsel
Mangiaratti noted everyone has dealt in good faith.
Executive Session Minutes of July 24, 2002
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,..-- Motion: To authorize the Town Manager to enter into a compromise agreement to
settle the claim with this condo association for $17,000 payable over a period of
time commencing January 1, 2003, without interest except in the case of a default.
(MacCaffrie-Amoruso)
Roll Call Vote: Amoruso, aye; McCarter, aye; MacCaffrie, aye; McCue, aye; Donovan,
aye 5-0 Passes
Attorney Mangiaratti reported all other legal matters are moving along fine and
things have calmed down a bit on the litigation front. The Jordan-Jackson roof is
currently being done.
Motion: To adjourn the Executive Session at 7:18 p.m. and reconvene in Open
Session.
(MacCaffrie-Amoruso)
Roll Call Vote: McCarter, aye; Amoruso, aye; McCue, aye; MacCaffrie, aye; Donovan,
aye. 5-0 Passes
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Date of Approval
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Date of Release
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Executive Session Minutes of July 24, 2002
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