HomeMy WebLinkAbout2002-02-04 Board of Selectmen Executive Minutes ^ BOARD OF SELECTMEN EXECUTIVE MINUTES February 4,2002
EXECUTIVE SESSION: The Executive Session convened at 6:35 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 Donald Stewart,to move into
Executive Session to discuss pending litigation with Foxwoods,GLSD Maritimes Pipeline and land
acquisition; 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.
Pending Litigation: Foxwoods. There will need to be Town Meeting action to take the bond money
from the developer. This could be a three-year process and we will tell the developer not to fight the
town and take the bond money. In return the town will drop all claims against the builder. There are
unpaid taxes for the open space parcel,and to avoid foreclosure where you wouldn't collect the taxes
anyway,take a portion of the bond money to pay the taxes which would allow us to do the drainage work.
There is enough money in the bond the town would be taking plus the conservation bond to do the
necessary roadwork. It will not address plantings,nature trails but will take care of drainage and
streedights.Part of the$175,000 bond money is$42,000 was to protect the town if the developer did not
pay the sewer mitigation fees. Mark Rees would like to go to Town Meeting and rather than have that
money go to the Sewer Enterprise Fund,ask Town Meeting to authorize it for road repairs in that
subdivision.
GLSD Judgment. Kenneth Kimmell, Special Counsel,discussed with the Board the Judge's ruling is
very broad and negative for North Andover and prohibits the Town from doing anything to regulate or
affect the operations of the GLSD. The air quality issues were settled with the DEP and that still stands.
Ken Kimmell stated he would argue with the Appellate Court is that there has to be some room for local
authorities over facilities of this nature and if there isn't towns like North Andover are going to be very
ware about getting into these kind of deals. Secondly,the fact that the conditions that the Board of Health
had imposed were based on science and reasonable and GLSD submitted no evidence to the contrary.
Mr.Kimmell's opinion is that the court could decide that while a town lacks the power to veto and
prevent a sewage treatment plant from being upgraded it does have the power to impose reasonable
conditions. The Attorney General,who wrote a brief for Judge Borenstein after we changed the vote,
agreed with the Town of North Andover that there is some room for local authority. This ruling is so bad
Mr.Kimmell feels it cannot get any worse. If the town does not appeal the judgment is binding and
forever. Kenneth Kimmell will provide a scope of work but estimates this will cost less than$10,000.
Susan Haltmaier made a MOTION, seconded by James Xenakis,to take the advice of special counsel
Kenneth Kimmell,an appeal the judgment;vote approved 4-1.(William Duffy opposed).
Kenneth Kimmell also stated he would like to contact someone at the Massachusetts Municipal
Association and see if they will file a brief. Ken Kimmell stated if we have a chance on the appeal we
^ have a better chance at the Supreme Judicial Court rather than the appeals court.
Maritimes Pipeline. This item is deferred to a later date.
Land Acquisition: Third Fire Station.
Fire Chief William Dolan stated the town received two proposals to sell land to the Town,both of which
were considerably higher than the appraised value. Chief William Dolan stated no one has ever sat down
and negotiated or talked with these owners. Chief Dolan would like a process in place and follow it
through to find out what the bottom line is. Town Manager Mark Rees told Chief Dolan to talk to the
neighbors and get back to the Board.
Land next to Water Treatment Plant.
The land adjacent to the water treatment plant went on the market and sold in one day. As discussed with
the Board,the next step the town would take on this parcel would be to have an independent appraisal
done on the property. The appraisal provides two values;one for the entire lot at$600,000 and the other
forjust the land the town would need for water treatment plant expansion that was valued at$18,000.
The appraisal does not provide an adjustment to the value of the whole lot,should the smaller lot be
subdivided from it. The current owner of the land purchased the property for$359,000 in July 2001. The
Community Development Department has also applied for a DEP grant that, if we are successful in
receiving,will partially offset the acquisition cost of this parcel. Town Manager Mark Rees will get
another appraisal on the property and discuss this at a later date.
ADJOURNMENT: Susan Haltmaier made a MOTION,seconded by William Duffy,to move out of
executive session;vote approved 5 -0.
Kathleen A.O'Neill,Administrative Secretary