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A SAALEN
BOARD OF SELECTMEN
Executive Session Minutes
Joseph F. Bilotta Meeting Room, Town Hall
August 9, 2016
Members attending: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Tom Alonzo, Clerk; Paula Bertram,
Member, Phyllis Luck, Member and Town Manager Kerry Lafleur
Others attending: Attorney Robert Bowen
Attorney Bowen reported on the Unitil suit. Discovery has been completed. Unitil has filed a motion for summary
judgment and divided their argument into four parts. The first states that contract and negligence claims are barred by
existing case law. The second is that the Town cannot prove gross negligence claims because Unitil didn't owe a duty to
keep the trees out of the roads. They maintain their duty is to provide reliable service and keep vegetation off the wires not
the streets. Tree trimming is reasonable.
Mr. Bowen believed motion for summary judgment was not appropriate because a jury is needed to determine if the
damages are foresecable. Unitil's third point is that Lunenburg's damages are not recoverable due to another court case
that held a municipality can't recover costs. Mr. Bowen stated he will argue the case should be overruled or limited to its
facts. Unitil also argued that the Town can't recover under the Consumer Protection Act and can't prove damages were
caused by Unitil. Lastly, Unitil argues the Town's property damage claims fail. Mr. Bowen stated he had to concede that
they are correct as the damage to the Senior Center occurred when the pipes froze due to power loss. He added they have
not addressed the loss of a generator.
Mr. Bowen is preparing a response to the motion for summary judgment which must be filed by August 26". Documents
will be filed and he expects a hearing sometime in mid/late October. He anticipates the court will enter partial summary
judgment on the contract and negligence claims, but will allow some of the claims to go to trial. If they grant complete
summary judgment, the Board will need to consider whether to appeal. Unitil has not responded to any discussion of a
settlement. Discussion ensued about the possibility of having to pay back FEMA/MEMA and/or the insurance company
if the Town receives restitution from Unitil. The Board thanked Mr. Bowen and he exited the meeting.
Ms. Lafleur reported the police union had one additional request for an increase of private detail rates from $42.00 to the
Sergeant's new over-time rate and they also requested a higher rate for strike details. General consensus was to not agree
to that increase.
The firefighter's union contract expires at the end of this fiscal year. They have requested to begin negotiations early.
Performance reviews were discussed. It was decided not to do so.
Ms. Lafleur reported she had met with the Public Employee Committee regarding health insurance coverage. Since the
contract has expired, under the law the Town is operating under the existing agreement. The committee wanted to extend
the agreement another three years. They also proposed eliminating Medicare Part B reimbursement for spouses and
capping reimbursement for retirees at a fixed dollar amount. Discussion on employee and retiree health insurance benefits
followed. The Board took no action.
Motion: R. Ebersole
2nd: T. Alonzo
To adjourn from Executive Session and enter Open Session after a brief recess
Vote: Mr. Alonzo- aye, Ms. Luck-aye, Mr. Ebersole-aye, Mr. Toale-aye
Meeting adjourned at 6:54 p.m.
Respectfully submitted,
Claire m. Peterson
Elaine M. Peterson
Executive Assistant to the Town Manager