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Selectmen – March 7, 2018 <br />Page 2 of 14 <br /> <br />Appropriation Committee were discussed for potential inclusion in an Annual Town Meeting <br />2018 Consent Agenda. Charles Lamb, Capital Expenditures Committee Chair, and John <br />Bartenstein, Appropriation Committee Chair were present to explain their committees’ <br />recommendations or objections. <br />Article 6: Appropriate for Senior Service Program: Indefinitely postponed. <br />Article 7: Appropriate for Advice and Analysis-Getting to Net Zero: All agreed it can be placed <br /> on the Consent Agenda. <br />Article 10a: CPA Conservation Land Acquisition: Will probably be indefinitely postponed. <br />Article 10c: Archives and Record Management/Records Conservation & Preservation: All <br /> agreed. <br />Article 10k: CPA Debt Service: All agreed. <br />Article 10l: CPA Administrative Budget: All agreed. <br />Article 15: Recreation Capital: All agreed. <br />Article 16a: Hydrant Replacement: Added by Capital Expenditures. Board of Selectmen agree to <br /> include. Appropriation Committee to meet and discuss. <br />Article 16d: Town-wide Culvert Replacement: All agreed. <br />Article 16g: Sidewalk Improvements: All agreed. <br />Article 16m: Transportation Mitigation: All agreed. <br />Article 17: Water Capital: Appropriation Committee to discuss. <br />Article 18: Wastewater Capital: Appropriation Committee to discuss. <br />Article 20b, c, e, g, i: All agreed. <br />Article 27: Appropriate to Stabilization Fund: Will probably be indefinitely postponed. If that <br /> comes to pass, the Appropriation Committee and Capital Expenditures Committee <br /> are likely to support. <br />Article 28: Appropriate from Debt Service Stabilization Fund: All agreed. <br />The proposed Consent Agenda will be updated when Appropriation Committee decisions are <br />confirmed. The list will be reviewed again at a future Selectmen’s meeting. <br />Update—ATM 2018 Warrant Article 21—Appropriate to Reimburse Resident for Sewer Backup <br />Dan McGrath, 11 Cherry Street, presented information about citizen’s Article 21 that requests <br />the Town to cover damages incurred to his property due to a blockage in the sewer main. Costs <br />include: reconstruction $14,240; decontamination $15,723; and miscellaneous $590. <br />Mr. McGrath described the circumstances of the sewer blockage, saying his home sustained the <br />full impact because it is the lowest property on the sewer main and because he discovered the <br />back-up before it affected other homes. When Mr. McGrath attempted to file for damages, his <br />insurance claim was denied because the Town was not found to be negligent; negligence is the <br />only basis on which a municipality can be held responsible. Mr. McGrath indicated he was <br />previously unaware that “negligence” is the only way a claim of this type can be successfully <br />made. Mr. Valente verified that Massachusetts General Law, Chapter 258 stipulates that a town <br />has no authority to spend taxpayers’ money for claims other than negligence; similar claims in <br />Lexington have been handled this way. It is unclear if Town Meeting has the authority to <br />appropriate funds in this instance. Selectmen expressed their sympathies to Mr. McGrath. <br /> <br />