HomeMy WebLinkAbout2002-03-12 Board of Selectmen Executive Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES March 12,2002
.WCr__ UTIVE SESSION: The Executive Session convened at 7:05 p.m.
ATTENDANCE: The following were present: Rosemary Smedile,Chairman;Donald B. Stewart;James Xenakis;
Wendy Wakeman; 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 land acquisition,pending litigation with Foxwoods and Maritimes Pipeline and negotiations with
non-union employees;vote approved 5-0.
The Board of Selectmen was individually polled and each voted to move into Executive Session.
Vote: Wendy Wakeman 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.
Land Acquisition,Lake CochichewicktHalf--Mile Project.
The Trust for Public Land(TPL)has been acting as a Broker for the Town on 37.6 acres at 549 Osgood Street,North
Andover,Me. The Seller is retaining 2 acres for sale to nonprofit educational institution(nursery school). The
Planning Board has approved subdivision. The land consists of hilly hay meadows and wooded shorefront and
includes spectacular vistas of Lake Cochichewick and surrounding hills and open spaces. Property is critical for
drinking water protection. The negotiated purchase price is$2,650,000. The TPL must complete and be satisfied with
all due diligence(title,environmental,appraisals,written approval by North Andover Board of Selectmen)prior to
March 26,2002. The North Andover Board of Selectmen must vote to approve terms of this deal prior to March 26,
2002.If the Board does not approve the project,TPL will not go forward with the acquisition as TPL's$25,000
deposit is then at risk.This project requires a Town Meeting Vote no later than May 30,2002,that approves the use of
Community Preservation Act funds for the portion of the acquisition that is not being funded from other(state and
PYivate)sources. The closing date on the property should be no later than June 30,2002 to use the$250,000 State
,elf-help Grant that was awarded to the Town but must be spent by June 30,2002.
James Xenakis made a MOTION,seconded by Susan Haltmaier,to accept the purchase price of$2,650,000 for the
Lake Cochichewick/Half-Mile Project and to continue to authorize The Trust for Public Land to bring the deal to
conclusion subject to Town Meeting approval;vote approved 4-0-1 (Donald Stewart abstained).
Land Acquisition,Land Adjacent to Water Treatment Plant.
When reviewing the possible acquisition of the land adjacent to the water treatment plant for future expansion,the
Board requested that an appraised value be also given to the larger parcel of land,after the land needed for expansion
purposes was subdivided out. The appraisal firm wants an additional$1,500 beyond the$1,200 for the original
appraisal. Town Manager Mark Rees felt this fee was somewhat exorbitant and not comfortable signing off on this
expense without bringing this back to the Board. This is time sensitive with 6-8 weeks time, if it will go to Spring
Town Meeting. The Board of Selectmen gave the Town Manager the flexibility to hire another appraiser if the Town
Manager finds a reasonable appraiser.
Pendine Litieation: Foxwoods.
The Town will retain the Planning Board bond,which is$142,000.The Conservation Commission will give the
developer back their bond of$35,000 and the developer in turn will give it back to the Town as a donation. The
Conservation Commission will vote to allow this money to be used for general road repair and maintenance issues at
Foxwoods.The amount of outstanding taxes on open space property associated with this subdivision is almost twice
the amount that was previously reported when the Board previously agreed to the proposed settlement. The
outstanding taxes are approximately$33,000,and not$15,000.Mark Rees stated there would be a meeting with the
neighbors to explain things before Town Meeting. Thomas Urbelis stated the developer wanted this signed and
^nveyed two months ago so he could walk away from this,he does not want to wait until Town Meeting.
Donald Stewart made a MOTION,seconded by James Xenakis,to have Town Counsel Thomas Urbelis move forward
with the Agreement for the Foxwood subdivision between Franklin S.Davis,Trustee of Summer Street Realty Trust
and the Town of North Andover after meeting with the residents;vote approved 5-0.
Pendine Litigation: Maritimes Pipeline.
Last week the Town Manager's office received several phone calls from residents who live along the proposed
,.qipeline route who had been approached by Maritimes in order to acquire construction easements. The Board may
ant to give consideration to holding a public forum in the near future and invite residents along the pipeline route to
hear a presentation as to what to expect before,during and after construction of the pipeline.The Town Manager also
received a letter from special counsel Bernstein,Cushner&Kimmel]requesting authorization for an additional
$15,000 to continue to advise the Town on this matter.
James Xenakis made a MOTION,seconded by Susan Haltmaier,to authorize an additional$15,000 in legal fees for
Bernstein,Cushner&Kimmel]to continue legal advise to the Town regarding the Maritimes Pipeline;vote approved
4-1 (Donald Stewart opposed).
Negotiations with Non-Union Employees.
Water/Sewer Distribution Superintendent Vacancy. In the FY02 budget for the Division of Public Works,the position
of Water/Sewer Distribution Superintendent was proposed and approved. Due to a variety of concerns and issues,the
position remained vacant. William Hmurciak requested and received permission to advertise the position. Interviews
of applicants were conducted and Mr.Hmurciak is recommending Mr.Timothy Willett for the position. Mr. Willett is
currently the Town's Staff Engineer and has held the position for the past nine years. The Town Manager has
proposed to hire an outside consultant to perform a review and assessment of the operation and organization of the
Division of Public Works. The scope of the review and assessment will cover all aspects of the organization including
organizational structure, staffing needs,administrative operations and internal management controls. The Board of
Selectmen has decided to delay their decision pending receipt and review of proposals from interested vendors.
After a number of discussions with Mr. Hmurciak, Mark Rees proposes to appoint Mr.Timothy Willett to the
budgeted position of Water/Sewer Distribution Superintendent on a temporary basis at an annual salary of$55,000.
Mr. Willett is currently being compensated$46,000 annually as Town Staff Engineer. If the Board decides that the
study is not to go forward,the Town Manager will recommend Mr. Willett be permanently appointed. If the study is
ONentually conducted and this position is recommended in the Division's organizational structure,Mark Rees will also
.ecommend Mr. Willett be permanently appointed. If the study recommends this position be deleted or substantially
modified,then Mr.Willet will return to his position as Staff Engineer. During this process,the position of Staff
Engineer will remain vacant.
James Xenakis asked whether or not we are going to have this management study at all but wants to be on record as
saying the study will come back and say you are underpaying your workers, they are not motivated and there are too
few of them on the street. James Xenakis has no doubt about Mr.Hmurciak's competency to run a public works
division but has questions about his ability to lead and manage of staff of so many people. Town Manager Mark Rees
stated he respectfully disagrees and bringing in outside objective analysis would go a long way towards bringing
recommended improvements to the Department of Public Works.
Susan Haltmaier made a MOTION, Rosemary Smedile passed the gavel to James Xenakis and then seconded the
motion,to appoint Timothy Willett on a temporary basis to the position of Water/Sewer Distribution Superintendent;
vote not approved 2-3. (James Xenakis,Donald Stewart and Wendy Wakeman opposed).
James Xenakis stated the reason he voted no was to first and foremost resolve the issue on the management study.
ADJOURNMENT: Donald Stewart made a MOTION,seconded by Wendy Wakeman,to move out of executive
session;vote approved 5 -0.
Kathleen A. O'Neill,Administrative Secretary