Adams Finance Committee Approves $35,000 For Legal Fees

By Jack GuerinoiBerkshires Staff
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The Finance Committee on Thursday approved transferring $35,000 from reserves to pay legal bills.

ADAMS, Mass. — The Finance Committee hesitatingly approved the transfer of $35,000 from the reserve account to pay for past legal bills and present litigation.

The Finance Committee met Thursday with interim Town Administrator Donna Cesan and Selectmen Chairman Arthur "Skip" Harrington to discuss the transfer that was approved by the Selectmen in November.

Cesan said the town has been working with special labor counsel to complete two union contracts. She said most of the negotiation were done under the past town administrator

She said she has also been working on a new drug and alcohol policies with special town counsel for each union and a state-mandated zero tolerance policy for the Council on Aging van drivers. She said without the policy the town could lose its vans.

Cesan said these legal fees also include another $8,000 for final work on the Greylock Glen master lease and comes to near $17,000. She said they are bills that have to be paid.

In addition to this amount, she asked for another $18,000 for anticipated litigation with a former town employee.

"A former employee has legal representation so the town has to minimize its exposure by getting counsel," Cesan said. "We don't know at this point where it's going to pin. This is the best guess … obviously if we are not going to use it all it will be returned."

Some committee members felt uncomfortable transferring the money without knowing the details of the litigation.

"It's only fair," committee member Sandra Kleiner said. "How can you ask us to vote on something when we don't have a clue about what it's for?"

Harrington said the litigation has not become a case yet so the information cannot be public knowledge yet.

Committee member John Lawson said he felt the money should not be taken from the reserve account because it is only for unforeseen costs not in the budget. Funds for legal counsel were written into the budget but they have been exhausted.

Finance Chairman Timothy Burdick said he did not disagree but the town has to pay the money and transferring the money in a large sum just prevents the committee from having to meet every time more money is needed for legal fees.

"We have to pay it one way or the other; you fight it and pay it or you give up and end up settling at some point," Burdick said. "The town has to pay so is it paying from our reserve fund or is it raise and appropriate?"

He said it is the committee's job to decide if the amount needed should have to go to town meeting.

"Thirty-five thousand dollars, in my mind, I think is an acceptable figure," he said. "If it was over $50,000 I think I would be sitting here thinking it might be something to present to the town voters."

Out of the eight members present five were in favor and two opposed.


Tags: Finance Committee,   legal,   reserves,   

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Suspect in High-Speed Adams Chase Arrested

ADAMS, Mass. — A suspect test-driving a pickup truck who led police on a wild high-speed chase on Tuesday was arrested in Adams early Wednesday morning. 

The incident began at about 11:41 a.m. on Tuesday when an officer conducted a motor vehicle stop on Howland Avenue. During the stop, the operator was positively identified and was determined to have a suspended license. When ordered out of the vehicle, he fled, said police, leading law enforcement on a multijurisdictional pursuit toward the town of Florida.
 
A number of people posted about seeing the black pickup truck enter the Walmart parking lot; a video shows the driver surrounded by cruisers as they try to exit the parking lot at the light. Witnesses say the pickup backed into cruiser to get around the block. 
 
The driver headed up West Shaft Road and toward Florida with Adams and North Adams Police in pursuit. The pursuit was called off at the city line. 
 
The suspect was able to elude police but his vehicle was found abandoned in a remote location in the Savoy State Forest. It was later learned this vehicle was being test driven from a local auto dealer. With the assistance of the State Police Airwing, K9 Unit and drone unit, officers canvased the wilderness for the suspect but were unsuccessful.  
 
Officers received information at about 3:14 a.m. on Wednesday that the suspect was in the area of Glen Street. Police say he fled on foot as officers secured a perimeter.  
 
K9 Adam and his handler Sgt. Curtis Crane began an area search. K9 Adam was able to locate the suspect hiding in a back yard, but the suspect again ran — straight into officers on the perimeter who took him into custody. 
 
The suspect faces a litany of charges pending from the previous day's encounter as well as the early morning contact with officers. Additional charges are pending as well from North Adams Police Department and their involvement in the apprehension.
      
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