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HomeMy WebLinkAboutBOS EXEC . MINUTES 2-10-1999Board of Selectmen Executive Session J ((((�� ��!! ( February 10, 1999 C ON I NNTIA Present: Chairman Madan, Clerk McCarter, Selectmen Amoroso and Royle John D'Agostino, Town Manager Robert Mangiaratti, Town Counsel The purpose of this executive session was for Town Counsel, Robert Mangiaratti, to update the Selectmen on eight cases of pending litigation. A. Morse Land Damage Case Attorney Mangiaratti reported that he met with the Town's Special Counsel on this case, Attorney Joseph Dalton, and the Town Manager last Friday, at which time Attorney Dalton provided a summary on the status of the case. Following the meeting, Mr. D'Agostino suggested Attorney Mangiaratti contact the Morse's attorney, Ernest DiSimone, directly to see if he would be willing to meet with him, the Town Manager, and a Selectman (Selectwoman Royle) to try to reach a settlement. Attorney DiSimone agreed, and a meeting has been scheduled for March 4. Town Counsel recommended the Selectmen establish authority for Selectwoman Royle and Town Manager D'Agostino to settle at a certain amount higher than $460,000.00. Clerk McCarter entered the executive session at 7:10 PM. Town Counsel continued to state in all cases cited by Attorney Dalton in reference to grounds for appealing the judgement, the trial judges' decisions were upheld. Attorney Mangiaratti also stated he is not optimistic about winning an appeal. At an interest accrual of $1,000.00 each week, at the time of Town Meeting, the interest plus the original judgement amount will be approximately $525,000.00; as of September 2, the judgement amount was $493,000.00. Selectwoman Royle suggested if Attorney Dalton sends a bill to the Selectmen for his services, she would have no problem sending him a letter thanking him for his services with no check. Motion: To authorize John D'Agostino and Selectwoman Royle to accept an agreement up to an amount including the interest as of that date. (Amoroso- McCarter) All in favor. Passes. B. Town of Mansfield vs. Town of Foxboro et al Attorney Mangiaratti reviewed the history of this case stating Mansfield sued Foxboro after determining that Foxboro did not pay for sewer allocation for SKANKO property. Foxboro sued all SKANO parties as well all associations involved. The Town Engineer, Lee Azinheira, was recently deposed. 21099EX.DOC Page 1 of 3 Town Counsel will argue as a matter of law that the sewer capacity is based on a formula that is based upon the number of bedrooms and that contractually they have to pay more money. Attorney Mangiaratti is optimistic about winning this case. C. -- Jordan Jackson School Roof Early on, the Town learned of rust spots on the roof. The Municipal Building Committee tried to find out the cause. Experts have been unable to determine the problem. The Town sued all parties involved with the roof, i.e. installer, general contractor, roofing contractor. All theories have been argued, but none of them can be proven. Town Counsel is awaiting another expert's report, which should be complete within thirty days. Selectwoman Royle noted that she knows a roofer who may be able to assist in determining the defect but that she would have to discuss the issue and any assistance he would be willing to provide with him. D. P.C. Logistics The Public Library purchased three computers, which were returned to P.C. Logistics to be repaired because they did not work properly. The computers were paid for at a total cost of approximately $5,000.00. P.C. Logistics never returned the computers to the Library and filed for bankruptcy. Attorney Susan Jacobs recommends filing a proof of claim with the bankruptcy court so that the Town may receive the distribution. Selechponian Royle agreed, and Chairman Madan, Clerk McCarter, and Selectman Amoruso did not voice opposition. E. G.L.I. The Town purchased three analyzers for Cate Springs, Prescott, and Witchpond Wells, which never worked to specification. The Town sued, and Attorney Susan Jacobs negotiated with the manufacturer, who offered to take back the analyzers. Town Counsel is, however, unsure on settling and will be contacting the Town's water consultants, Tata & Howard, to determine all costs involved, i.e. cost to remove the analyzers, in order to evaluate a settlement proposal. The present claim for damages is $50,000.00, but Town Counsel feels that actual numbers may be less. Selectwoman Royle suggested that the Water Department Chief Operators might be helpful in providing history of analyzers and /or related expenses. F. Trustees of Eric Road Realty Trust In 1970, five hundred and forty -nine condominium units were permitted by special Permit off of Stearns Avenue, with construction last occurring in 1985. In 1996, the Realty Trust contacted the Town hoping to construct sixty -five additional units, but was denied. The zoning has changed since the grant of the special permit. Town Counsel stated that a case is on file that states that the Town is correct in its position. F. J. L. Clemmey Co., Inc. Litigation began in the fall when the Town stopped an illegal parking operation on the property. The Town is now trying to establish authority to enter on to the site to conduct environmental testing. It has been concluded that the Hatheway Patterson site is 21099EX.DOC Page 2 of 3 1 abandoned, and therefore, exposure is limited and testing may be conducted; however, the Town needs to be more cautious with the J. L. Clemmey Co. site. Town Counsel continued to state that the clearest avenue would be to have DEP designate the Town to conduct the testing, which they have the authority to do but, at this time, won't. Joseph Ditchman has the right of first refusal on the property. Attorney Mangiaratti and Mr. Ditchman's attorney are trying to reach the J. L. Clemmey Co., Inc.'s attorney, Attorney Clarkin, and are awaiting the Sheriff's sale of the land. Town Manager D'Agostino and Town Counsel will discuss outstanding taxes on the property with the Town Treasurer. G. Edgewood Church of Christ Edgewood Church of Christ appealed the Building Inspector's decision denying their application to install a large sign at their Church and won. The Town then appealed that decision. Town Counsel feels the Town will win the appeal and is waiting to go to court. 8:00 PM Chairman Madan polled the Board to go out of executive session and return to open session. Selectwoman Royle, Aye; Clerk McCarter, Aye; Selectman Amoruso, Aye; Chairman Madan, Aye. Cler .aign�a 21099EX.DOC 42ZI DaX of pproval C� ty Date f Zease Page 3 of 3