1991-Annual Town Report - Laserfiche WebLink

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approval. However, I want to assure you and the citizens Report of of Mashpee that all decisions and opinions rendered Town Counsel received very careful attention. Standards of impartiali- ty and objectivity were adopted by me as the guiding spirit to be followed in deciding on very controversial issues. While I was not directly consulted or involved, I noted Dear Mrs. Jacobson: from news reports that the issue of the cost of delivery of legal services by my office came to the attention of The past year has been extraordinary in terms of the a member of your board during this past year. I think it important to note that despite ever increasing demands variety of activities of the office of Town Counsel. Over on time necessitated by events beyond my control, caus- 400 Appellate Tax Board filings were made on appeal ed by increased litigation and presentation of complex from denial by the Assessors of requested abatements. issues, the budget of my office has remained fairly The first portion of the damage claim of Eastern Con- tractors was litigated in Middlesex Superior Court and uniform over the past three years. This is not an acci- dent. I am very aware of the financial burden faced by the matter continues to be under advisement at the time the town and the difficult tasks faced by your board to of this report. Road taking and betterment assessment keep costs at a minimum. I am proud of the ac- work was performed requiring title review of 175 parcels complishments of my office under very severe financial and verification of continuing ownership of 299 parcels constraints. respectively. Major trials continue in preparation for hearing before I again am obliged to inform you that the Town has the Land Court involving Town owned land of great truly remarkable personnel in its employ. I thoroughly enjoyed my dealings with department heads, elected of- financial value. The Hendricks Estate claim continues to ficials, appointed officials and other members of the pend in the United States District Court and a new ac- Town family. In particular, I want to publicly tion has been commenced in the Barnstable Superior acknowledge with gratitude the fine cooperation and en- Court by the Estate. I have achieved success in securing thusiastic spirit of helpful assistance shown to me by Mr. agreement by the Town's insurer by reimbursing the Town Harrington, Mrs. Mason and Mrs. Dami of your office. for the cost of these civil rights claim defenses. New cases have also been commenced involving claims against Town Yours very truly, officials. In the Fall, an extraordinary event occurred in that the Joseph J. Reardon op Town Counsel first recall election in the Town's history took place. Ex- tensive research into this matter was required with cor responding advice given to the Town Clerk and members of the Board of Selectmen regarding the recall election procedure. Several other unusual events took place re- quiring extensive research of the law and the rendering of opinions concerning the validity of the Town's appoint- ment to the Cape Cod Commission and the validity of a proposed real estate exchange agreement. Both of these events required the careful application of legal principals as the basis of the opinions rendered. In addition to the foregoing, my office has filed ap- pearances and answer in response to Dew litigation com- menced against the Town and its various Boards in Superior Court, District Court, an d the Land Court. We also continue to review contract documents and render advice to the various Boards,Committees,Commissions, Department Heads and others authorized to receive assistance from Town Counsel. We continue to be available on a weekly basis for meetings with various Town officials to furnish legal advice for on-going mat- ters pending before Town agencies. In addition, we con- tinue to attend Selectmen Meetings and Town Meetings, render conflict of interest opinions and work closely with the office of Selectmen. During this most extraordinary year of great pressure and turmoil, my office endeavored to continue to func- tion in an efficient and objective manner in the delivery of legal services to the Town. It is readily apparent to me that not all of my decisions were met with universal 103