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HomeMy WebLinkAboutBOS EXEC. MINUTES 1-7-1998Board of Selectmen Executive Session Minutes January 7, 1998 Present: Chairman Madan, Clerk Royle, and Selectmen Colella, Mahana, and Robinson* John D'Agostino, Town Manager Max Volterra, Volterra, Goldberg, and Mangiaratti, Town Counsel Present for pending litigation update only. Robert Mangiaratti, Volterra, Goldberg, and Mangiaratti, Town Counsel Present forpendinglitigation update only. Edward Sliney, Fire Chief, Present for contract negotiations discussion only. 1. Town Counsel Mangiaratti gave updates on the following cases of pending litigation: A. Appeals of the Decisions of the Zoning Board of Appeals • Ed Troy, Ware Sheet • Edgewood Church of Christ • Great Woods Parking Lots B. Town Hall Project Presently not in litigation and being handled by the attorneys. • Connector Roof An engineering study has been ordered, the roof may have been incorrectly installed. • HVAC System • Drainage All bills have been forwarded to Town Counsel for reimbursement ifpossible. C. Morse Lawsuit Trial has been scheduled for January 26, 1998. The Town's experts feel damages suffered by Tvh-. Morse are valued at $30,000, but Mr. Morse's attorney feels damages total $330,000. The value of Mr. Morse's land is based upon straight land, not the value of water in the land. Chairman Madan and Clerk Royle stated Town Counsel should move forward with hying the case. ( 2. Town Counsel, Max Volterra, updated the Board of Selectmen and Town Manager on the following cases: A. Town of Mansfield v. Town of Foxboro Mansfield filed suit in early December against the Town of Foxboro for payment of sewer usage. B. Town of Mansfield v. Town of Norton A settlement was reached with Norton for the payment of 1993 -1995 sewer bills. However, Norton's 1996 and 1997 are outstanding. 7:20 PM Selectman Robinson entered the meeting. Discussion among the Selectmen, Town Counsel, and Town Manger followed concerning including a provision for late fees in any future agreements, terminating the existing agreement, and prohibiting future tie -ins. A joint meeting between Mansfield and Norton will be held on January 20, at which Town Counsel will be present. C. Keith Purrier vs. Town of Mansfield Keith Purrier, Ware Street resident, filed suit against the Town for $1,200 for a land taking to allow for installation of sidewalks on Ware Sheet. Town Counsel Volterra suggested the Town settle with Mr. Purrier. Motion: That we authorize a maximum settlement for the Punier Case within the boundaries of $800 to $1,200. (Mahana- Colella) All in favor. Passes. D. Jackson School Roof Deterioration Suit has been brought against the contractor, subcontractor, and manufacturer for the Jackson School roof. The cause of the roof's deterioration has not been determined. Gale Associates has been working on the case since April. Attorney Volterra hopes to receive a response from Gale Associates within the next thirty days. 3. Town Manager D'Agostino reported to the Board of Selectmen that a seventy -four year old women fell down the front stairs of the Town Hall, broke her fema, and has been in intensive care. Selectman Mahana requested flowers be sent to the woman once she is discharged from ICU. 7:40 PM Attorneys Volterra and Mangiaratti and Clerk Royle left the executive session at this tune. Fire Chief Sliney entered the executive session. 4. Fire Association Union Contract Town Manager D'Agostino and Fire Chief Sliney reviewed amendments to the Fire Union contract with the Board of Selectmen, as previously agreed upon by the Acting Town Manager Richard Boucher. The Selectmen expressed concern with several of the amendments agreed upon by the Acting Manager, because at the last executive session they had not agreed with them. Mr. D'Agostino stated because they had been agreed upon prior to that executive session by the Acting Manager and the Charter states it is the Manager's responsibility to negotiate contracts an unfair labor practice suit would be filed against the Town if amendments are deleted or revised at this time. 5. 8:30 PM Adjournment to Open Session Chairman Madan took a roll call vote to adjourn to open session. Chairman Madan Aye. Selectman Malmana Aye. Selectmen Colella Aye. Selectman Robinson Aye. Clet Ps Signature Date ofApproval Date f elease