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HomeMy WebLinkAboutmin brd of selectmen 07/24/02 Exec -\ '. ~," j ".- Board of Selectmen Executive Session Minutes July 24, 2002 u~] l¡ G 1\,/] t ¡ ":, iJ r"-...". :::..11 S 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. ¡- 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 1 ,..-- 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 (' 3/1 It/V? , Date of Approval .1/ ~ /t,3 Date of Release r Executive Session Minutes of July 24, 2002 2