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