HomeMy WebLinkAboutBOS EXECUTIVE MINUTES 9-4-1996BOARD OF SELECTMEN
Executive Session
Minutes
September 4, 1996
At 7:00 PM, Chairman Madan polled the Board members to enter into executive session'to
discuss litigation. i a
Selectman Colella -Aye.
Selectman Pasquale - Aye.
Chairman Madan - Aye.
Selectman Pasquale and Robinson entered the executive session late.
Also present for the executive session was Town Counsel, Robert Mangiaratti, Paul Folkman,
Assessor, and William Williams, Town Manager.
Norton Mobile Home Park
Attorney Mangiaratti explained that the Norton Mobile Home Park brought a claim against the
Town because their deed description includes land located in Mansfield. The owner of the land
stopped paying taxes on the land in the 60's. Norton Mobile Home Park now claims that the
Town's taking of the land was not proper and that the park and its predecessors acquired the land
by adverse possession by doctrine of "color of title".
The assessed value of the land is $24,000, and Attorney Funke, the Park's attorney, has offered
the Town $20,000 to settle the claim. The amount of land involved in the claim is 4.96 acres.
Town Counsel stated that lie is comfortable with the $20,000 offer.
Mr. Folkman stated that the Board of Assessors is comfortable with Attorney Funke's offer and
that the parcel may be more valuable as a buffer to Great Woods than its monetary value. Mr.
Folkman also suggested the Selectmen may wish to contact Great Woods to see if they would
have any interest in purchasing the parcel because they may be willing to pay a greater amount.
Questions and Comments:
Questions and comments from the Selectmen were concerning concern with accepting money
without a Town Meeting vote, suggesting Norton Mobile Park petition Town Meeting to sell the
parcel, whether or not anything is currently on the parcel, and whether or not the Mobil Home
Park could put another trailer on the property.
Discussion among the Selectmen, Mr. Folkman, and Attorney Mangiaratti continued concerning
accepting the offer with an attachment being placed on the property such as no trailers may be
placed on the parcel, legality of selling the land at less than the assessed value, and petitioning
Town Meeting to sell the parcel.
MOTION: Town Counsel to advise Attorney Funke that we would agree to sponsor an
article on the Town Meeting floor to sell any interest we have on the land in
question subject to approval of the Town Meeting vote with a qualifier that
lie does not advance the adverse possession suit, until after the Town
Meeting rote in April.
(Mahana- Robinson) All in favor. PASSES.
Mr. Folkinan left the executive session at this time.
• Foi-nier Electric Department Employee Rosemary McCarthy
Attorney Mangiaratti explained to the Selectmen that Ms. McCarthy quit the Electric Department
via telephone and claims she was being harassed and was subject to emotional distress on the job.
The Light Department Manager, John Larch, Light Commissioners Madan and Mahana, and
Attorney Mangiaratti met previously and decided to write to Ms. McCarthy's lawyer expressing
concern and requesting additional information on the case, e.g. the specific facts of the improper
work conditions. Ms. Figman, Ms. McCarthy's attorney, responded that her client continues
treatment for emotional distress and that she would not be available for discussion.
Attorney Mangiaratti asked the Selectmen if they would like anything else done with this issue.
Light Department Manager, John Larch, entered the executive session.
Mr. Larch explained that he interviewed the employees in Ms. McCarthy's department at the time
of her employment and put his findings together, which are currently in draft form. It is Mr.
Larch's intent to send his findings to Labor Counsel and ask him for his recommendation, and will
then share them with the Selectmen.
Discussion among the Selectmen, Mr. Larch, and Attorney Mangiaratti followed concerning filing
of the proper workers compensation papers, whether or not Mr. Larch intends to appeal a
workers compensation claim, and turnaround time for submission of Mr. Larch's findings.
Lastly, Selectman Pasquale suggested Mr. Larch submit a letter with his findings to labor counsel
requesting a management recommendation so that the Town does not condone the actions of staff
but also so that we do not impede a case.
• Incident at Great Woods
Mr. Williams, Town Manager, informed the Selectmen that an incident occurred this last weekend
at Great Woods where a women called tier male friend, a Boston Police Officer, and told him that
she was an attempted rape victim.
8:40 PM MOTION: To go out of executive session
(Pasquale- Robinson)A I in favor. PASSES.
Chairman Madan Aye.
Clerk Mahana Aye.
Selectman Colella Aye.
Selectman Robinson Aye.
Selectman Pasquale Aye.
Clerk s Signalure Date ofAppro%l Date of Release