HomeMy WebLinkAbout2003-08-11 Board of Selectmen Executive Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES AUGUST 11,2003
EXECUTIVE SESSION: The Executive Session convened at 7:00 p.m.
ATTENDANCE: The following were present: Wendy D.Wakeman,Chairman;Rosemary Smedile;
James Xenakis;Donald Stewart; Mark J.T.Caggiano;Mark Rees,Town Manager;Ray Santilli,Assistant
Town Manager,Thomas Urbelis,Town Counsel;Kenneth Kimmel], Special Counsel; and Leonard
Degnan Jr.,Town's Representative for GLSD.
The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote
approved 5-0.
Rosemary Smedile made a MOTION, seconded by Donald Stewart to take Pending Litigation with GLSD
out of order. Vote approved 5-0.
Pending Litigation: GLSD
Kenneth Kimmell, Special Counsel for GLSD brought the Board up-to-date on three issues regarding the
GLSD. The lawsuit is just sitting in Essex Superior Court and nothing is happening on it.
L The Board of Health required the following host of quality of life conditions including dusts,odors,
traffic routes,and a$15,000.00 annual monitoring fee to the Town and there is still litigation pending
over whether those are reasonable or not. The GLSD previously signed a Memorandum of Understanding
with the Town in which GLSD agreed to most of these conditions. This is worth pursuing proving a
strong case that the conditions are reasonable. Kimmell suggested settling with negotiations with the
Executive Director of the GLSD. He might be willing to work out these conditions. If that failed,he
would pursue litigation in the courts.
Mark Caggiano made a MOTION,seconded by Donald Stewart,to negotiate initially with GLSD and if
that fails to pursue litigation. Vote approved 5-0.
2. A town meeting bylaw was enacted in 2000 that charges a payment in lieu of tares upon the operator
of the sludge drying facility,an entity known as"NEFCO". The Attorney General approved the bylaw
imposing a fee of$5.58 per ton of waste handled by the facility to raise approximately$160,000.00 per
year. Kimmell recommended having the assessors' office contact NEFCO to learn the amount of tons
handled in the first quarter of its operation.
Mark Caggiano made a MOTION,seconded by Rosemary Smedile,to authorize the Town Manager and
Attorney Kenneth Kimmell direct the assessor to request information from NEFCO and send an
assessment notice for the specified amount(i.e,number of tons multiplied by$5.58). Vote approved 5-0.
3. The GLSD is obligated to remedy combined sewer overflow(CSO's)within a certain timeframe. The
question is what share must each member community pay to remedy this problem. The primary problem
exists in Lawrence,not in Andover,North Andover and Methuen. Attorney Kimmell recommended that
the Town Manager contact the member communities,and to prepare data to substantiate its view of the
appropriate formula of what percentage a municipality would pay to remedy the mandated compliance of
(CSO's)with the EPA.
Rosemary Smedile made a MOTION, seconded by James Xenakis,to authorize the Town Manager to
contact member communities of the GLSD regarding the remedy costs associated with the CSO's.
Vote approved 5-0.
Release of Executive Session Minutes.
There was a request from the North Andover Citizen asking for the release of executive session minutes
relating to the Thomson family and Rocket Entertainment.
After a discussion Chairman Wakeman said that since the negotiations have ceased with Rocket
Entertainment there was no hamn in releasing the minutes.
Selectmen Caggiano and Xenakis did not want to release the minutes until the ZBA made its ruling on
zoning.
Rosemary Smedile made a MOTION, seconded by Donald Stewart,to release to the public Executive
Session Minutes relating to Rocket Entertainment dates(9/23/02, 11/4/02, 1/13/03, 2/10/03,2124/03,
3/31/03, 6/3/03, 6/16/03,6/30/03). Vote approved 3-2,Mark Caggiano and James Xenakis opposed.
Conservation Commission request for Legal Services.
Attorney Tom Urbelis said that Mr. Brian Walter, homeowner of 2060 Turnpike Street,had some work
done in violation of the wetlands act of the town bylaw and the conservation commission has ordered
restoration and corrections. Mr. Walter has failed to do corrections after eight months. The conservation
commission has requested approval from the Board to file a lawsuit him.
Mark Caggiano made a MOTION,seconded by Donald Stewart,to approve the request from the
conservation commission to file lawsuit against Mr. Brian Walter. Vote approved 5-0.
Rosemary Smedile made a MOTION, seconded by Mark Caggiano to adjourn to Open Session and
resume Executive Session at the end of the meeting. Vote approved 5-0.
James Xenakis made a MOTION, seconded by Mark Caggiano,to move back into Executive Session and
not return to Open Session at 9:10 PM. Vote approved 5-0.
Contract negotiations with non-union employees.
Chairman Wakeman briefed the board regarding the renewal of the Town Manager's employment
contract,which is scheduled to expire on September 4,2003.
The Town Manager requested a 5 year term contract,an increase in salary comparable to other
communities, increased allowance of$9,800 for attendance at Senior Executive program at Harvard for
professional development,an increase in car allowance up to$500 a month and increase in vacation
carryover to 50 days.
The Board authorized Chairmen Wakeman and Xenakis to set up an evaluation for the Town Manager.
The Board expressed their feelings of satisfaction in the Town Manager's outstanding performance of
managing the budget during this year's fiscal crisis.
After discussion the Board agreed to the following terms of the Town Manager's contract:
Term: 3 Years.
Salary Adjustment: 2.1 per cent(based on June to June C.P.I.) increase in year one.
Brought up to average of comparable communities in year two.
Based on goals and objectives in year 3.
Prof.Development: Attendance at Sr.Exec. Program at Harvard,cost$9,800 in year one.
^ Subsequent years of$3,000.
Car Allowance: Remains at$300 a month.
Vacation canyover: Increase to 40 days.
Selectmen Wakeman and Smedile would present these terms to the Town Manager Mark Rees and then
report back to the board at the next executive session.
ADJOURNMENT:
James Xenakis made a MOTION, seconded by Mark Caggiano,to adjourn the meeting at 10:15 PM.
Vote approved 5-0.
Respectfully submitted,
Adele J.Johnson,Administrative Secretary