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HomeMy WebLinkAboutMBC Minutes 10/18/2005Town of Mansfield Li L �� 1V unicipal Building Committee Meeting Minutes of October 18, 2005 Members Present: James;Liddick, Chairman, Richard Feeley, Clerk, Kenneth Gay, (8:00 p.m.) William Moore and Eleanor McCarter, Secretary David Young — Excused Absence Attendees: John D'Agostino, Town Manager Robert Mangiaratti and Susan Jacobs, Volterra, Goldberg, Mangiaratti, & Jacobs Meeting commenced at 6:30 P.M. QUALTERS MIDDLE SCHOOL Motion to enter into Executive Session for the purpose of discussing pending litigation and to resume discussion in the General Meeting at the close of that discussion. WN LW: 4 -0 Passes. EXECUTIVE SESSION — (QMS Window Litigation Update) Discussion opened regarding a recent court decision in a "Motion for Summary Judgment' filed by the Plaintiffs (Architects Robert Vogel, Daniel Freeman and Ronald Ashton) against the Town's favor. • Attorney Mangiaratti disagrees with the Judge's ruling in this case. Town Counsel gave MBC members a brief explanation of the legal guidelines between "Contract Law" whereby a party can sue to recover economic loss based on personal injury or property, and "Torte Law", which apply to damages of personal or property due to negligence. • The Town has the option to appeal the court ruling, however Town Counsel cautioned that the process would be lengthy and could take 2 years or more to reach a trial date. At that point, there would also be no guarantee that the initial ruling would be reversed. Members continued to discuss and weigh practical applications of the case: • Individual Architects ability to pay is not likely. • The case against J.T. Callahan is weak and would be difficult to prove damage. • Cost of additional legal fees that would be incurred is unknown. • Continuing litigation for an undetermined about of time results in further delay of the final close -out of the project, and SBAB audit, and State reimbursement to the Town. Based on this new information (Motion for Summary Judgment), and further discussion regarding the merits of the case, MBC members agreed that it would be in the Town's best interest not to pursue this matter any further. MOTION that the Town of Mansfield not seek a second legal opinion in this matter and instead recommend the Town Manager proposed to the Board of Selectman to take action to discontinue the case in the Town's best interest. R Feeley /K. Gay: 4 -0 Passes. Town of Mansfield Municipal Building Committee Meeting Minutes of October 18, 2005 MOTION to end Executive Session discussion and return to the Regular AMC Meeting discussion. WMJRF: 4 -0 Passes. Members Present: James Liddick, Chairman, Richard Feeley, Clerk, Kenneth Gay, (8:00 p.m.) William Moore and Eleanor McCarter, Secretary David Young — Excused Absence WATER TREATMENT FACILITY Project Update: • Site walk: AMC Secretary met with Jim Ramos on -site Thursday, October 13, 2005 and reviewed the current status of outstanding warranty items. During the walk through one additional item was added; a chemical leak in the filter room which had re- occurred. • Signage: The value held for signage is reduced from $8,000 to $4,000. Hart is waiting for delivery of two remaining exterior signs. HVAC Sensor: Ken Gay advised the MBC based on his prior conversation with Steve Beveridge of InControl, to anticipate receipt of a letter from the subcontractor requesting the Town accept installation of the heat sensor as installed. MOTION that Ken Gay direct Steve Beveridge (InControl) to relocate the sensor to the North side of the building as decided initially by the Committee. Rich Feeley added that the reasoning behind taking this action is to enhance higher energy efficiency. Discussion: Members voiced a strong preference to have the heat sensor relocated to the North tivall, but unanimously agreed to wait for the letter f ont InControl and input frottn the engineer before taking further action. W. Moore/R. Feeley: Withdrawn. Lawn Repair: Based on prior discussion with Bob Chapell, a Landscape Engineer from Woodard & Curran was to complete a final inspection prior to releasing a sum of $10,000 held for lawn repair /maintenance. MBC needs to verify with W &C if this inspection has taken place. Woodard & Curran needs to confirm which items are to be included on pending Change Orders No. 7, No. 8 and No. 9. • As -Built Drawings - Hart provided As -Built Drawings (paper format) to Woodard & Curran some time ago as required. MBC is still waiting for Woodard & Curran to furnish Final As- Built Drawings in both paper & digital format. Respectfully submitted, Eleanor McCarter, Secretary Richard Feeley, Clerk Date