HomeMy WebLinkAbout2002-11-04 Board of Selectmen Executive Minutes ^ BOARD OF SELECTMEN EXECUTIVE SESSION November 4, 2002
EXECUTIVE SESSION: The Executive Session convened at 9 :00 p.m.
ATTENDANCE: The following were present: Rosemary Smedile, Chairman; James Xenakis;
Wendy Wakeman; Donald Stewart; Susan Haltmaier; Mark Rees, Town Manager; Ray Santilli, Assistant
Town Manager; Senator Steven Baddour; Representative David Torrisi; and Thomas Urbelis, Town
Counsel.
The Board of Selectmen was individually polled and each voted to move into Executive Session to
discuss strategy with regard to litigation with Rocket Entertainment, Land Acquisition and Collective
Bargaining. Vote approved 5-0.
Pending Litigation -Rocket Entertainment:
Mark Rees stated that our legislative delegation, the Chair of the Board of Selectmen,Town Counsel, the
Police Chief, the Town Clerk and he met last week regarding the proposed petition in the Town Meeting
warrant due to its probable unconstitutionality. In the context of that discussion, continuing negotiations
with the Thomson family was also discussed. Representative Torrisi said he has talked with Mr.
Thomson and Mr. Thomson clearly stated that he would rather do a transfer facility than a strip club.
Currently, Rocket Entertainment, Inc. is suing the ZBA regarding a permit denial. That litigation would be
dropped if successful negotiation could occur.
Representative Torrisi stated that he would be willing to file the proposal, the Home Rule article, but it
would almost certainly be dead in the water as unconstitutional. He also stated that the circumstances
are very different now then back in 2001. The establishment of a strip club would be extremely damaging
to the Town's image and moral fabric.
Senator Baddour echoed strongly Torrisi's concerns with the petition's constitutionality and suggested
that the Board debate this subject now, come up with a strategy and make a decision on how to handle
this before bringing it to Town Meeting.
Both Legislators said the type of trash facility Thomson proposes a"C&D" is coveted by some towns
seeking economic development.
Selectman Xenakis stated that there was a public hearing held in 2001 at which the majority of the
Town's people and the Board of Selectmen did not want a trash transfer station at that time. Selectman
Xenakis said that the board should not change its original decision and ask the Town to reconsider a
trash transfer station now or in the future. If the board decides to negotiate with the Thomsons and try to
do anything to change the current decision, that is a clear violation of public trust.
Selectman Smedile said that now that the circumstances are slated towards an adult entertainment
facility, maybe the Town would reconsider a trash transfer station.
Thomas Urbelis,Town Counsel stated that other towns in Massachusetts have tried to stop adult
entertainment and failed. The Town of Salisbury failed and paid hefty damages and exorbitant legal fees.
The Massachusetts Supreme Court ruled a violation of the first amendment in another case, a 1984 case
of Cabaret Enterprises vs.ABCC.
Wendy Wakeman asked the Town Manager to explain what steps have to be taken to open negotiations
with the Thomson family. Mark Rees said that negotiating power currently lies with the Board of Health.
He could ask the Board of Health if they would be willing to meet with the applicants and discuss options.
Wendy Wakeman made a MOTION, seconded by Susan Haltmaier, that the Board authorizes the Town
/, Manager to speak with the Board of Health about their willingness to consider opening negotiations with
^ the Thomsons. Vote approved 5-0. Tom Urbelis Town Counsel said that such a discussion with the
Board of Health could take place at executive session.
Mark Rees recommended that at the Board's next meeting, on November 18, 2002, to open the warrant
and make any changes at that time. There are 14 days before the Special Town Meeting to make
changes.
Note: At 9:30 PM Senator Baddour and Representative Torrisi left the meeting.
Land Acquisition:
At a previous Board meeting, the Board voted to place on the warrant an article authorizing the eminent
domain taking of a parcel of land next to the water treatment plant(WTP). This article to acquire the land
was put on the warrant with an amount of Thirty Thousand Dollars($30,000). It was decided to see if
there was a probability that the lot could be subdivided into two lots thus impacting the compensation that
may be awarded to the property owner for the taking.
Mark Rees asked for input from Town Engineer Robert Seshara, Director of Community Development
Heidi Griffin and Town Counsel Thomas Urbelis regarding this matter. After looking at all of their
comments, the conclusion is that this land could possibly be sub-dividable because the parcel is only 6
feet short of the frontage needed for sub-division.
Thomas Urbelis suggested that this could take up to five to six years before a settlement in court. By that
time the Town would probably be paying $240,000 plus interest for 50,000 feet of the parcel. He said
taking the whole parcel of 4+acres, is something to consider.
Mark Rees suggested that he discuss this further with Thomas Urbelis and present more evidence to the
Board. A decision by the Board was made to review this in two weeks whether to keep this article on the
warrant or to increase the amount of taking to$240,000.
Conservation Commission:
This will be postponed to a future meeting.
ADJOURNMENT:
Wendy Wakeman made a MOTION, seconded by Susan Haltmaier to move out of Executive Session at
10:05 PM. Vote approved 5-0.
Respectfully submitted,
Adele J. Johnson, Administrative Secretary