Loading...
HomeMy WebLinkAboutBOS EXEC. MINUTES 2-12-1992BOARD OF SELECTMEN L f'` 1 !i_U MINUTES OF EXECUTIVE SESSION 1= HA t',t =1Ll,D FEBRUARY 12, 1992 95 JUN 22 AM 7' 59 PRESENT: Chairman Sarro; Selectmen Robinson,-,�rq),,(�a1l'';L_tlartufo; Town Manager; Town Counsel, Bob Manfiaratti �tp1Sspc,&iSETTS Town Counsel advised Benjamin Flint filed a law suit against the Town claim- ing the water betterment fo —Fis property was excessive - $68,000. Chairman Sarro and he have tried to evaluate the claim. There are technical difficul- ties in the way the betterment was adopted - it should have been done at an Annual Town Meeting, but was done at a Special Town Meeting. The meeting tried to figure out how the betterment was assessed - one buildable lot $1,000. Bob said in reviewing the former Town Manager's figures, the betterment was not assessed equally. Bob Swanson, Town Engineer, had looked at Flint's land and said alot of it is very swampy. Bob Mangiaratti said he had talked to Flint's attorney who asked for a settlement - 5 buildable lots. This would mean changing the betterment from $68,000 to $5,000. Chairman Sarro recommended settling for the $5,000 to save opening Pandora's box regarding the Special Town Meeting item. Consensus was the five lots will probably never be sold. MOTION: To accept the recommendation to settle the case to a $5,000 better- ment. Robinson /Colella VOTED: 3 -0 ( Tartufo out of room for this) Bob Mangiaratti offered a status report on the Riccarelli dog case. At the magistrate hearing the opinion of the Board was upheld; now a judge will sit and decide the case all over again. Riccarelli's attorney wanted full dis- covery, but the judge denied it. Bob asked for a trial date; it was set for March 12, 1992. Bob said the Board is off the hook; the magistrate upheld the Board decision. If it goes before a judge, he will start all over again; if it goes to court, Selectman Tartufo said O.K. if they ( Riccarelli) reimburse the Town for legal costs. Bob's opinion was the Board need have no concern. Bob Mangiaratti briefly reviewed the C & S water tap fee problem. He said a subcontractor cannot make a claim against the Town; they claim the municipal water tap fee is an extra charge. The contractor filed a claim with the architect who issued a written final decision denying the claim. A demand for arbitration was filed more than the 30 days after the contractor received the written final decision of the architect; the contract stipulates the 30 day period after which a decision is final and binding. Bob said he may be able to knock it out on technicalities. Reporting on the LaRusso /capping of landfill situation, Bob Mangiaratti said the Town is in no way liable to anybody. If anything is wrong, it is the engineer (Camp Dresser & McKee). Bob recommended no money out of the Town pocket; it must come from CDM. MINUTES APPROVED: Clerk Date signed RELEASED MARCH 29, 1995 BUT NOT APPROVED FOR CONTENT