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w* ' <br /> 11. Selectmen signed Dock Officerls complaint 'to investigate barking dors <br /> ,, in Poppone et Beach area. <br /> 12, Motion rade by Selectman. Garland, seconded by Seledtman Thomas, <br /> to accept the appointment of Burley' Greene as Acting Superintendent <br /> of Streets for a period of 6 months'. ha-firman Benway declared <br /> vote unanimous <br /> 13. Motion made by Selectman Thomas, .seconded by Selectman Garland, to <br /> accept appointment of OliverPocknett as Acting Foreman for a period <br /> of 6 months, Chairman Benway declared vote unanimous. <br /> . Motion made by Selectman Garland, seconded by Selectman Thomas, to <br /> accept minutes .last meeting, hai r nan Benway declared vote <br /> unanimous. <br /> 15. Mr. Hollander met with Board to inquire as to what was going to. <br /> happen to the Popponessett Bridges Where is a crane waiting to <br /> come over the bridge. who is going to pay for repairing the . <br /> bridge <br /> Chairman Benway explained that the bridge does not belong to the <br /> Town and the Town is not responsible for repairs to the' bridge. <br /> Town Counsel informed Mr. Hollander that ownership of the bridge <br /> is -not known. One thing that is available to - ind out ownership. <br /> is by way of a determination, this is an ideal vase for brim ing <br /> of an action under..what is called the Declaratory Judgment Statue <br /> in Mass - that this very simply means that when an issue is in <br /> disbute,. when doubt arising -to any given issue in this particular <br /> case the ownership of the. bridge - parties f interest can file <br /> petition in Superior Court setting forth the problem of the dilemia <br /> and_asking. the court - to _ent �r:.' a Dec1arato�ry.Y udg ent .fixing= the <br /> .. <br /> ownership- of the . bridge and -that would -b -conclusi.vet - n F-taltl-- pa►Y a .-y- : <br /> L� ,'1 <br /> So=-s t p ----' l i s - to --f i d 'out . who. -owns --the.-b �idc e and -fi .;to � �` .. . <br /> put heat on-, thea -t , repair..and mal".ntairi-the bridge. .n <br /> Mr. Hollander asked if he could go to Superior court without a <br /> lawyer. Town Counsel informed him that he could but the court will <br /> not appoint an attorney' to represent you in a civil action case. <br /> Chairman Benway asked who own the crane. Mr. Hollander stated he <br /> Bread the name William Bonito, Chairman Benway called and spoke <br /> with Mrs. Bonito informing- her that the bridge was not safe for the <br /> crane to go over and, if they chose to go over, they would be <br /> responsible fore any damage, He suggested that they contact the <br /> Selectmen's office before - going' ahead. <br /> Town Counsel stated that ,.this is ars issue that 's got to be resolve <br /> the bridge is going to need major work just because of weather, <br /> decay, or whatever. Where -was a suggestion at one point in time <br /> that the Town exercise eminent domain power and take it but if I 'm <br /> correct, there was pretty much general consensus that the Town <br /> Meeting would not approve such an action because the cost to repair <br /> underneath was estimated to be over $100 , 000 , One problem that we <br /> _ got and it' s a eery substantial problem and as Town Counsel for the <br /> Town I would advise the Selectmen of this and be very mindful of it, <br /> -6- <br />