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HomeMy WebLinkAboutmin brd of selectmen 02/20/02 ;,-., (' Board of Selectmen Executive Session Minutes of February 20, 2002 \.. '" tn r . ,,} ,.) . ... FTTS Present: Chairman Louis P. Amoruso; Clerk Michael W. McCue;1 ViceChairmciñ Bradford E. Wills; Selectmen David W. McCarter and Daniel Donovan. Town Manager, John D'Agostino; Attorney Max Volterra An Executive Session was convened at 7:02 p.m. for the purpose of discussing pending litigation. Jordan-Jackson School Roof Liti9ation Attorney Max Volterra was present to discuss the terms of the proposed agreement reached on the Jordan-Jackson School roof litigation. (' An agreement with Gentek was presented for the Selectmen's review and approval. A membrane application will be done according to specifications prepared by our consultant. All the rust will be cleaned prior to the application. All horizontal seams will be fiber reinforced. There are two warranties from Topcoat and a repair contract with Titan providing coverage for ten years with annual inspections. $10,000 is allocated to pay Ed Stuart for his supervision of the installation and inspections. The original warranty was for twenty years, and this agreement will get us our twenty years. Work will begin in late spring without interfering with the operation of the school. Motion: To authorize the Town Manager to sign the agreement on behalf of the Town and Board of Selectmen (Donovan-McCarter) Roll Call Vote: Donovan, aye; McCarter, aye; Wills, aye; McCue, aye; Amoruso, aye 5-0 Passes Attorney Volterra assured the Selectmen of his firm's ability to act as both Town Counsel for Mansfield and City Solicitor for Attleboro. Contract of William AU9ust for Services in Cable License Renewal The contract of Attorney William August for his assistance in the renewal procedure of the cable television license was reviewed and discussed. F Town Manager D'Agostino noted we were aware of the various "floating expenses" that would be incurred by Attorney August. He has exceeded the 5'0 amount and is Executive Session Minutes of February 20, 2002 1 -.------.----- r now taking the funds from his pocket. Mr. D'Agostino requested the Selectmen's input as to the handling of the matter. The hourly rate is $140, including travel time. It was noted by Chairman Amoruso that Attorney August has come up with a reasonable agreement for us that exceeds what we had the last time with the cable licensee. Chairman Amoruso gave a brief overview of what has been agreed to thus far in the negotiation of the cable license renewal. The Town Manager advised the Selectmen that since we do not have enough money appropriated for out-of-pocket expenses, we could go for a Reserve Fund transfer or include an article for an appropriation at a Special Town Meeting within the Annual. It is anticipated that Mr. August will have to come out for another four meetings this fiscal year. The Board discussed capping the reimbursement for out- of-pocket expenses at 15 percent for this year and not to exceed 5 percent for next year. He is currently at 11 percent. The agreement regarding reimbursement for out-of-pocket expenses included an "or" that was interpreted differently by the Selectmen than it was by Attorney August. Motion: To go to 15 percent this year and cap it at 5 percent next fiscal year. (Wills-no second) Motion: To cap it at 10 percent this year and 5 percent based on $3,000 next year r (Wills-McCue) Roll Call Vote: Donovan, aye; Amoruso, aye; McCarter, nay; Wills, aye; McCue, aye 4-1 Passes Motion: To adjourn the Executive Session at 7:35 p.m. and return to Open Session (Donovan-McCue) Roll Call Vote: McCarter, aye; Wills, aye; McCue, aye; Donovan, aye; Amoruso, aye All in favor Passes AfÆi,l!IL Signature of Clerk () 1- fe8 ()~ Date of Approval Date r Executive Session Minutes of February 20, 2002 2