Neighbor News
Former Town Administrator Owes Us Money for Golf Contract
We Should File an Errors and Omissions Claim to Recoup Money. The Doctrine of Privity has been Violated

WE , as a Town should be inquiring through our Legal Officers if former Town Administrator David Ragucci carried ERRORS and OMISSIONS Insurance to Indemnify Stoneham Resident due to Costing our Community Tens of Thousands of Dollars in FAVOR OF a Golf Course Vendor :
I strongly feel that the historical Doctrine of Privity has been Violated in that a contract of this Magnitude with all of its variable and risky clauses should have come before the Body of the People's Town Meeting for us to discuss it, make amendments of suggestion to present to the party ( parties ) bidding and unduly Mr. Ragucci has placed this undue burden upon us without full consideration.
There simply are too many areas of possible loss in this contract where the Vendor has a huge advantage on their side. They are over 75 per cent on the right side of a Million Dollars without paying a dime as any losses. It is we the people of Stoneham who have all the risk and 'that' my good friends is not the definition of a 'contract'.
I itemize below :
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1.- He , on his own 'without reason' ALLOWED the Vendor a WATER RATE : 50 % of What we the People Pay.
2.- This is an estimate of over $ 45,000 which we 'Should be receiving in Profits. !
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3.- He wrote in the RFP that the New Vendor would receive the IRRIGATION SYSTEM ' AS IS' .
4.- Mr. Ragucci then Writes into the Contract that any 'Capital Expenditures 'Over' $ 10,000, WE the People will pay for which 'Automatically Makes Us Pay $ 520,000 Plus Interest . Why not a 50 - 50 Split on a Million Dollar Golf Sales Course Plan ?
How in the World did he Not Know due to Prior Years Experience ?
This 'all' should be Under Investigation by the Secretary of State
5.- Mr. Ragucci as an experienced Government Official KNOWS an Irrigation system Costs MORE than $ 10,000.
6.- WHY .. Only $ 10,000 on a Major Golf Course as this ?
7.- We are handing this Vendor a Million Dollar Sales Volume Business
8.- We are allowing them NO Town Employee to Supervise the Sales Receipts !!
9.- The Vendor is Using our Equipment and Vehicles
10.- We have just as a PEOPLE purchased a NEW IRRIGATION SYSTEM FOR $ 520,000 AND PAYING $ 67,000 PER YEAR 'against our Profits.
I will say that at least Chairman George Siebold did 'Complain' about this Irrigation System as he should have.
11.- The $ 45,000 Mr.Ragucci 'COSTS' us with Ineptedness in this RFP Could have paid much towards this Contract !
12. - Similar to KRAFT FOODS - The Vendo pays a FIXED Wholesale rate plus 25 %.
13.- IF their PIPES LEAK before the supply gets to their METER for distribution WE PAY for every drop !!!!
14- IF the USAGE of Water NEXT year is LESS than the NEXT Bill .........WE PAY for the EXCESS ! - ( MWRA bill is based on Last Years Bill ).....
*** !! - He should have AT LEAST placed a Clause in : That they must Pay as a Minimum 'Last Year's' Water Usage . That would have protected us under the KRAFT FOODS Contract as well !
Question: Did Town Administrator ever get a 'Certificate of Registration' that their METER is Accurate ? **
15.- This Ladies and Gentlemen is EXACTLY WHAT HAPPENED WITH...........KRAFT FOODS !!
16. - We , per this piece of Editorial Defecation of a Government Document are only guaranteed $ 25,000 per year plus up to about 20 % of Sales
17.- From the START , this $ 25,000 is completely Negated by the Irrigation System Bond of $ 67,000 per year. The $ 40,000 or so we are 'Giving Away' to the Vendor would have gone a long way in paying this.
18. **** !! - The Proceeds in the Second Year of Operation are Way Down from the First Year.!!
19. ** Selectman Ms.Caroline Colarusso and Selectman Tom Boussy are fighting to get us a break on the TRASH FEE . I suggest , if we can put this Ill Advised 'Stupid' Contract in one of the REGULAR Barrels. I don't want it in the RECYCLE Container.
I will be Presenting all of this on Television Tuesday at the Selectmen's Meeting........BE THERE !......
Let's get some damn LEADERS in this town who can do MATH and READ Financial Statements rather than just cut ribbons and go to fun events
WE HAVE A TOWN TO RUN !!!
Frank Pignone
2 Gigante Drive
781 507 3737