HomeMy WebLinkAbout2002-01-07 Board of Selectmen Executive Session Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES January 07,2002
EXECUTIVE SESSION: The Executive Session convened at 7:05 p.m.
ATTENDANCE: The following were present:Rosemary Smedile,Chairman; Donald B. Stewart;James
Xenakis;William Duffy; Susan Haltmaier;Mark Rees,Town Manager;Ray Santilli,Assistant Town
Manager.
EXECUTIVE SESSION: James Xenakis made a MOTION, seconded by Susan Haltmaier,to move into
Executive Session to discuss Collective Bargaining and pending litigation with Maritimes Pipeline;vote
approved 5-0.
The Board of Selectmen was individually polled and each voted to move into Executive Session.
Vote: William Duffy yes;Donald Stewart yes; Susan Haltmaier yes;lames Xenakis yes;Rosemary
Smedile yes.
Chairman Smedile stated the Board would be returning to Open Session after the Executive Session.
Maritimes Pipeline.
Based on previous instructions from the Board, Special Counsel Beth Goodman has developed a draft
agreement between the Town and Maritimes Pipeline that would allow for the natural gas pipeline to go
through North Andover without objections by the Board of Selectmen in turn for concessions by
Maritimes to address construction mitigation concerns,pipeline design safety and maintenance issues.
The Board should consider conducting a public hearing on this agreement at some point during the
negotiation process with Maritimes.
William Duffy stated that the Town does not have jurisdiction and has no clout on this issue. Mr.Duffy
stated to subject at this junction that we don't know what Maritimes will agree to,and the Town is
throwing out demands that will probably be rejected,and authorize more legal effort does not make sense.
William Duffy has consistently objected strongly to the allocation by the Board on a matter the Board
does not have any jurisdiction over.William Duffy asked what the Town has spent$100,000 on and
entered his strong protest for the record.
Rosemary Smedile stated the Board has voted to go along with this agreement. Mark Rees reviewed items
in the agreement in particular asking for Maritimes to pay the Town an amount of$165,000 for an
appropriate easement over Town land. In return for the Town moving forward expeditiously with the
process,the Town would expedite the permitting process.The Town would be authorized to hire a
consultant at a cost of$50,000 in order to represent the Town's interest in quarterly reports and pipeline
activities. The biggest issues would be limitations as to when construction would occur between 7:00
AM and dusk. Considerable protection for the Town with construction mitigation making sure the route
is surveyed,temporary fences,advance notification to homeowners,traffic controls in place hiring detail
officers and the installation of class 3 pipe,the most stringent pipe used on the pipeline and work with the
Town's Fire Department for developing a mutually agreeable plan to provide emergency response
training for all of the Town Fire Department personnel.
Susan Haltmaier asked if Maritimes got an appraiser to put a value on the land. Mark Rees stated there
was no appraisal as of yet but one will eventually be required. Mark Rees did state because the Town
would be taking an easement under an existing power right of way,the actual value could me minimum.
Susan Haltmaier and Rosemary Smedile asked if the$165,000 was a good number and high enough.
/'� Mark Rees stated it was an arbitrary number,double the legal bill to date,which is covering the cost of
^ litigation.James Xenakis asked to have the Town Manager check to see what other communities have
received.
James Xenakis made a MOTION,seconded by Donald Stewart,to approve the agreement with Maritimes
Pipeline and to instruct the Town Manager Mark Rees further review what an equitable number to pay the
Town for the easement over Town land;vote approved 4-1 (William Duffy opposed).
Discussion: William Duffy stated he is opposed because the idea of FERC treating North Andover
favorably over other towns is doubtful.
ADJOURNMENT: James Xenakis made a MOTION,seconded by Donald Stewart,to move out of
executive session;vote approved 5 -0.
Kathleen A.O'Neill,Administrative Secretary