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