HomeMy WebLinkAbout2003-03-31 Board of Selectmen Executive Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES MARCH 31, 2003
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; Mark J.T. Caggiano; Mark Rees,Town Manager; Ray Santilli,
Assistant Town Manager.
Wendy Wakeman made a MOTION, seconded by James Xenakis to move into Executive Session to
discuss Pending Litigation with Rocket Entertainment. The Board would not return to Open Session.
The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote:
Wendy Wakeman yes; Donald Stewart yes; Mark Caggiano yes; James Xenakis yes; Rosemary Smedile
yes.
Pending Litigation-Rocket Entertainment.
James Xenakis requested this discussion due to recent events. On February 10, 2003, he made a
motion that was voted unanimously by the Board that was carefully crafted and worded. The last line of
the motion stated, "We feel that it is most beneficial to everyone involved if the process is followed and as
such neither special consideration nor prejudice will impact Mr. Thomson's application."
According to an article in the Tribune last week, Dr. MacMillian said, at the request of the Town Manager,
the Board of Health consented to have the Thomson family be put on the agenda at their meeting on
Thursday, March 24, 2003. Selectman Xenakis said due to the Tribune article, the public perception was
that the Town Manager went above and beyond what the Board of Selectmen indicated in their motion
and insisted the Board of Health put this on the agenda.
The Town Manager said the Thomson family called him requesting to get on the Board of Health agenda
and he simply related their request to the Board of Health. Selectman Xenakis suggested the Town
Manager communicate verbally or in writing with the Board of Health members that his intention was not
of any prejudice or bias due to the Thomson family application. After discussion, the Board of Selectmen
agreed that Mark Rees did not violate any rules by this request.
The Board of Selectmen asked that if the Thomson family contacted the Town Manager, they would like
to be notified of the call as soon as possible.
Mark Caggiano had some questions for Tom Urbelis Town Counsel:
1. Now that there is a separate proposal for that parcel which completely displaces the one that is being
litigated, can we say that the existing lawsuit is moot? Mark Rees says that because the Town is involved
in a lawsuit,the Board can talk about this in executive session.
2. Can we tell them that we cannot look at CheckMate Development until the current lawsuit is settled?
3. Can we tell them they cannot have a nominee trust? There is also a nominee trust involved in this
proposal. Under this trust, a change or transfer could be made without the knowledge of the Town. This
could be a problem when they come to us for a liquor license.
ADJOURNMENT:
Wendy Wakeman made a MOTION, seconded by Mark Caggiano to move out of Executive Session and
to adjourn the meeting at 9:45 PM. Vote approved 5-0.
Respectfully submitted,
Adele J. Johnson, Administrative Secretary