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HomeMy WebLinkAboutMBC Minutes 10/24/2005I� " Town of Mansfield Municipal Building Committee Meeting of October 4, 2005 Members Present: ` James.I,iddick, Chairman, Richard Feeley, Clerk, Kenneth Gay, William Moore, David Young (8:00 PM) and Eleanor McCarter, Secretary Attendees: John D'Agostino, Town Manager John Moretti, Mansfield Schools Superintendent Meeting commenced at 7:30 P.M. EXECUTIVE SESSION MOTION to enter into Executive Session for the purpose of discussing ongoing litigation regarding the Qualters Middle School and to return to general business discussion at the close of discussion on this topic. R Feeley/K. Gay 4 -0 passes. • Chairman Liddick advised the Town Manager and School Superintendent regarding the Municipal Building Committee's opinion regarding a lack of progress seen in the window claim against former Keyes Architects Robert Vogel, Daniel Freeman and Ronald Ashton. • It was suggested to John D'Agostino and John Moretti that the Town Manager make a determination as to whether to accept the window installation as is, or continue to pursue damages. • This litigation is currently delaying audit by the Massachusetts School Building Authority, which is required prior to the Town receiving reimbursement on the Project. • MBC learned that Attorney Robert Mangiaratti had provided the Mansfield Board of Selectman with an update regarding the current status of the window claim at a recent meeting. In light of the court's ruling against the Town in the "Motion for Summary Judgment" the Selectmen indicated to Town Counsel that it would be in the Town's best interest to pursue a settlement agreement with J.T. Callahan & Sons, Inc. rather than contest the court ruling. In response to previous questions raised regarding J.T. Callahan & Sons, Inc. no longer operating business under this company name, Attorney Susan Jacobs commented that based on her investigation, there is no evidence filed in the bankruptcy court, or registry of deeds that suggest J.T. Callahan & Sons. Inc. is operating under any other name. • Attorney Jacobs informed Committee members that in an effort to avoid a pending trial, J.T. Callahan & Sons had issued a proposed settlement agreement to the Town through their Legal Counsel Scott Aptuck indicating they would agree to dismiss their counterclaim against the Town for the current contract value owed to them ($54,789.92). • As condition of the agreement, Town of Mansfield would agree to pay a sum of $10,000 to J.T. Callahan & Sons, and J.T. Callahan & Sons would waive its claim any further payments under the contract with the Town of Mansfield. • Robert Mangiaratti, of Volterra, Goldberg, Mangiaratti & Jacobs reported their law firm filed a complaint to the licensing board on behalf of the Town against the individual Architects (Robert Vogel, Daniel Freeman and Ronald Ashton) for their improper actions throughout the project. • Jim Liddick questioned Town Counsel as to whether the Architect's insurance carrier would be able to pursue action against the Town in the future to recover their legal costs. Attorney Jacobs responded that this scenario would not be a concern. • Town Counsel informed Town Manager John D'Agostino and School Superintendent John Moretti of the proposed settlement for their consideration. Both John D'Agostino and John Moretti are in agreement that the settlement proposed is reasonable, and feel it would be in the Town's best interest to support settling the window claim at this time. MOTION to recommend final payment to J.T. Callahan & Sons upon receipt of a signed Settlement Agreement the sum of $10,000 and to officially close pending litigation against the Contractor & the Architects involved with the Qualters Middle School Project. D. Young/R. Feeley 4 -0 Passes. MOTION to end Executive Session discussion and return to regular business discussion: D. Young/R. Feeley 4 -0 Passes. OTHER MBC BUSINESS Application for Re- Appointment — Member Rich Feeley's term on the MBC is due to expire on Dec. 31, 2005. Due to the long number of years Member Feeley has already served on the MBC, Rich commented that he is undecided as to whether he would submit an application for re- appointment. Future MBC Projects - MBC members discussed timelines of upcoming building projects that may potentially fall under MBC's scope of responsibility in the future if funding is approved. • School Expansion ProiectlSchool Feasibility Sfr�dX o School Superintendent John Moretti recently received approval from the Mansfield School Committee to support a request for funding at this year's Fall Town Meeting on Dec. 6, 2005, if supported funds would be used to prepare a schematic design for future expansion of the Qualters Middle School and Mansfield High School. o School Superintendent John Moretti verbally indicated hopes to begin construction of the school building expansion project in 2007. o Member Young expressed frustration that the Town Manager and School Superintendent did not follow through with a prior commitment to the Feasibility Study Committee whereby it was agreed that two options would be presented to Town residents for input, prior to any requests for funding by Town Meeting. o Member Young also noted that the Mansfield Board of Selectman needed to vote on whether they would support the request for funding for a Schematic Design. Wastewater, Treatment Facility — Future construction needs planned for the Wastewater Dept. according to the DPW Director would not involve construction of a new building or structural renovation, and, as such, would not fall under the MBC's scope of responsibility. Meeting adjourned at 9:00 P.M. Respectfully submitted, Eleanor McCarter, Secretary Richard Feeley, C erk Date — `