HomeMy WebLinkAbout2002-01-22 Board of Selectmen Executive Session Minutes ^ BOARD OF SELECTMEN EXECUTIVE MINUTES January 22,2002
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.Not present Ray Samilli,
Assistant Town Manager.
EXECUTIVE SESSION:James Xenakis made a MOTION, seconded by Susan Haltmaier,to move into
Executive Session to discuss labor negotiations,pending litigation with GLSD and pending litigation with
Kevin Stack;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;James Xenakis yes; Rosemary
Smedile yes.
Chairman Smedile stated the Board would be returning to Open Session after the Executive Session.
Susan Haltmaier made a MOTION,seconded by Rosemary Smedile,to consider Pending Litigation:
Kevin Stack as the first item of Executive Session;vote approved 5-0.
Pendine Litigation: Kevin Stack.
This lawsuit involves a land dispute and the location of a septic system. Mr. Stack inherited this property
on Berry Street from his parents in the early 1980's which was zoned industrial and re-zoned to
residential. Mr. Stack filed for a building permit and could not get one because his neighbor Mr.Burnett
/1 put his septic system encroaching onto Mr. Stack's property. Mr. Stack claims the Board of Health
denied Mr. Stack a variance in March of 1994 because of the Burnett's septic being close to the wetlands.
Mr. Stack's lawsuit also claims improper issue of a permit for the Bumett's septic system and the
building blocked a culvert. The Judge dismissed the blocking of the culvert and the improper issuance of
the septic permit but thejudge decided to let the case with regards to the 3/94 denial by the Board of
Health go forward.What is going to trial is whether or not because of the actions of the Board of Health
there was a"regulatory taking"such that Mr. Stack can recover the amount of comparable building lot.
The cross claim from the Brunett's against the Town was dismissed. There is a trial set in June against
the Bumett's and the Town. Town Counsel Thomas Urbelis advised that this is a defensible case but
juries do strange things and asked the Board if they would authorize any amount of money to settle and
avoid court.
William Duffy made a MOTION, seconded by Susan Haltmaier,to authorize$5,000 to settle this case
with discretion and if needed an additional $2,000 for a total not to exceed $7,000 to settle this case;vote
approved 5-0.
GLSD Judmnent. William Duffy asked the Town Manager to have special Counsel Ken Kimmel]to go
back and petition to modify the final decree that was brought before the trial judge as the language is too
broad. This does not preclude the Board from considering an appeal.
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