HomeMy WebLinkAbout2002-05-06 Board of Selectmen Executive Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES May 06,2002
/� SESSION I
EXECUTIVE SESSION: The Executive Session convened at 6:35 p.m.
ATTENDANCE: The following were present: Rosemary Smedile, Chairman; Donald B. Stewart;lames Xenakis;
Wendy Wakeman; Susan Haltmaier,Mark Rees,Town Manager; Ray Samilli,Assistant Town Manager.
EXECUTIVE SESSION:James Xenakis made a MOTION,seconded by Wendy Wakeman,to move into Executive
Session to discuss land acquisition and pending litigation with Foxwoods,GLSD and negotiations with 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;lames Xenakis yes; Rosemary Smedile yes.
Chairman Smedile stated the Board would be returning to Open Session after the Executive Session.
Land Acquisition
North Andover Youth Hockey Association. William Cunningham, President of the North Andover Youth Hockey
Association, has requested to come before the Board to discuss a possible public-private partnership to construct an ice
rink at the Sharpner's Pond Recreation Area. This would involve the Town donating land to the North Andover Youth
Hockey Association,who in turn would enter into a long-term lease with a private party who would construct and
operate the facility. There are currently over 200 children in the Youth Hocking in North Andover and do not share an
exclusive relationship with any rinks in the area. Mr.Cunningham reported that some of the benefits to the Town
would be that upon entering into an agreement with North Andover Youth Hockey League, the private sector partner
would begin paying real estate taxes immediately on the property. At present,the land sits there without one dollar of
real estate taxes generated. The North Andover High School hockey team would be given exclusive use of the ice at a
OoNscounted cost. This could save the high school budget thousands of dollars. From a parental convenience
perspective,parents would know their child's practice schedule from September through March. Presently, parents go
from month to month not knowing for sure what day or day's practice will be on. This is very important! The
program would enjoy concession rights,which would be an ongoing stream of fundraising.
Selectman Stewart said it's a little premature but how would the neighbors feel about increased traffic and also asked
about adequate parking and the size of the proposed building.
Selectman Wakeman had questions regarding parking and traffic and also asked what the Board has to do to move this
forward as the Board cannot make a final decision this evening.
Mark Rees stated for the Town to donate the land a 30B process(State Procurement Law how Town's dispose of
assets as real property). This would also require Town Meeting approval. Other hurdles they would have to go before
the Planning Board for a permanent site plan review and issues such as traffic. The Finance Committee would also
have to have a recommendation.
Town Manager Mark Rees will continue to work with Mr.Cunningham and the North Andover Youth Hockey League
and bring back more information at a future meeting. This will also be moved to Open Session at the future meeting
and not a part of Executive Session. Mr.Cunningham asked if his committee could survey the land and the Town
Manager said Mr.Cunningham could do the survey at his own risk and expense.
Land next to the Water Treatment Plant.
The DPW has concluded based on a review of the documents of the land next to the Water Treatment Plant that the
parcel is not sufficient to allow for two building lots without a waiver from the Planning Board.The Board of
^electmen needs to determine if it wishes to make an offer, subject to town meeting approval and adherence to 30B
aquirements,to the owner of the property and the amount of the offer. The Board has a choice of offering$400,000
for the entire parcel of land or$30,000+ 10%for one portion of the land(approximately 1 acre).
BOARD OF SELECTMEN EXECUTIVE MINUTES May 06, 2002
SESSION I
^ Page 2.
Wendy Wakeman made a MOTION,seconded by Donald Stewart,to authorize the Town Manager to have Town
Counsel Thomas Urbelis to negotiate up to$50,000 for the purchase of land next to the Water Treatment Plant;vote
approved 5-0.
Pendine Litieation Foxwoods
Over the last few years the Town Manager has been attempting to package a settlement agreement that would address
the issues of repairing the roads,correcting drainage problems in the Foxwoods subdivision.The issue of residential
sprinklers has been treated as a separate issue. Mr. Devlin,a resident of the neighborhood, is of the opinion that the
two issues should be linked.
Jack Devlin stated that the residents of Foxwoods would like the Town to apply some pressure onto the sprinkler fitter
to bring it to a standard and the Fire Chief will reinspect the homes and give the residents free and clear title. Mr,
Devlin stated that the paragraph he is using to go to small claims with is:Mass State Building Code CRM780 901.3
does apply in this case because any fire inspection system or portion of thereof shall be permitted to be finished for
partial or complete protection provided that such installed systems meet applicable requirements of CRM780 of the
State Code. This clearly means that if a partial system is installed,the part installed must be done in accordance with
that standard. This section of MA Building Code does not require partial systems to be completed in non-completed
areas. Under 93A Mr.Devlin has filed for the maximum$1,999.99 in small claims court. Mr.Devlin stated 48 other
neighbors are also going to be filing for settlement. Mr. Devlin stated his Certificate of Occupancy is clouded and
does not want to worry about litigation if he sold the house and someone had a major loss. Mr.Devlin is hoping the
Board will take this in a moral context as well as a legal context to give the residents in Foxwood conformance,
standardization and peace of mind.
t0% J URNMENT: Susan Haltmaier made a MOTION,seconded by Wendy Wakeman,to move out of executive
,ession;vote approved 5-0.
Kathleen A.O'Neill,Administrative Secretary
BOARD OF SELECTMEN EXECUTIVE MINUTES May 06,2002
SESSION H
EXECUTIVE SESSION: The Executive Session convened at 11:15 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: Wendy Wakeman made a MOTION, seconded by Susan Haltmaier,to move into Executive
Session to discuss pending litigation with GLSD and negotiations with 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 not be returning to Open Session after the Executive Session.
GLSD
Special Counsel Kenneth Kimmel] is of the opinion that the town stands a better chance with the appeal against the
GLSD if Attorney Kimmel]asks the Supreme Judicial Court to hear the case rather than the Appeals Court. Attorney
^immell is seeking an authorization of$3,000 beyond the previously authorized$10,000 to pursue this strategy.
Susan Haltmaier made a MOTION,seconded by Wendy Wakeman,to authorize an additional$3,000 beyond the
previously authorized$10,000 for special counsel Kenneth Kimmel]to pursue the appeal with the GLSD in Supreme
Audicial Court rather than the Appeals Court;vote approved 5-0.
ADJOURNMENT Wendy Wakeman made a MOTION, seconded by lames Xenakis,to move out of executive
session and adjourn the meeting at 11:40 PM; vote approved 5-0.
Kathleen A.O'Neill,Administrative Secretary