HomeMy WebLinkAbout2002-06-18 Board of Selectmen Executive Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES June 18,2002
EXECUTIVE SESSION: The Executive Session convened at 7:05 p.m.
ATTENDANCE: The following were present:James Xenakis;Donald B. Stewart; Wendy Wakeman;
Susan Haltmaier;Mark Rees,Town Manager; Ray Santilli,Assistant Town Manager.Chairman
Rosemary Smedile arrived at 7:15 PM.
EXECUTIVE SESSION: Wendy Wakeman made a MOTION, seconded by Susan Haltmaier,to move
into Executive Session to discuss a real estate matter with Maritimes Pipeline and negotiations with non-
union employees;vote approved 4-0.
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.
James Xenakis stated the Board would be returning to Open Session after the Executive Session.
Negotiations with Non-union employees.
Wage&Classification Study.
As part of the wage and classification study process,by-law employees who had questions or concerns
regarding the recommendations of Ron Mullet of Howard Tabor and Associates were given the
opportunity to meet with the consultant. Sixteen employees met with Mr.Mullet and as a result of those
meetings the consultant changed some of the points within a grade but only recommended changes to two
positions. Mr.Mullet recommended moving the positions of Assistant Town Treasurer(Roberta
McGowan)and Assistant Superintendent WTP(Linda Hmurciak)up one grade with no further
modifications to salary.
^ Wendy Wakeman made a MOTION, seconded by Susan Haltmaier,to except the revisions and the Wage
and Classification Study submitted by Howard Tabor and Associates;vote approved 3-1. (Donald
Stewart opposed).
Maritimes Pipeline.
Despite the objection of the Conservation Commission,the Board of Selectmen could vote to proceed
with a consensual taking. If this process were approved, Maritimes would pay the Town a lump sum of
$217,785.72 at the time of execution of the settlement documents.The Town and Maritimes would
execute a settlement agreement and Memorandum of Understanding and Construction Protocol. The
Town is also sending the Conservation Agent out to check the parcels and determine if there are specific
features to be protected thus the specific language relating to the Town land has not yet been drafted. If
the Board chooses to proceed with the settlement, Special Counsel Beth Goodman expects to have final
documents to the Board for review before the Boards next meeting on June 24, 2002.
The rationale for continuing with this option despite the objection of the Conservation Commission is that
Maritimes would otherwise take the property without paying more than the appraised value and without
agreeing to the Construction Protocol. There is a good faith argument that the Board can proceed without
the approval of the Conservation Commission,but an opponent to the pipeline project could raise a claim
that the Conservation Commission is a necessary party to the agreement, and that the agreement fails
without its consent. Under this scenario,since Maritimes is filing the federal court action, it could bear
the brunt of the defense in such litigation.
Wendy Wakeman made a MOTION with deep regret,seconded by Donald Stewart,to proceed with
consensual taking with Maritimes Pipeline; vote approved 5-0.
ADJOURNMENT: Wendy Wakeman made a MOTION, seconded by Susan Haltmaier,to move out of
executive session;vote approved 5 -0.
Kathleen A.O'Neill,Administrative Secretary