HomeMy WebLinkAbout2003-10-07 Board of Selectmen Executive Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES OCTOBER 7,2003
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 and Tom Urbelis, Town Counsel.
The Board of Selectmen was individually polled and the majority voted to move into Executive Session.
Donald Stewart yes, James Xenakis yes, Wendy Wakeman yes, Rosemary Smedile yes, Mark Caggiano nay.
Vote approved 4-1.
PENDING LITIGATION—ROCKET ENTERTAINMENT:
Attorney Urbelis said there were significant changes to the Host Community Agreement over the last week. A
version was delivered to the Board today at 3:30 P.M. and yet another version has been updated, which is
marked 4:45 P.M. This is the final document that has been agreed upon by the Thomson's and their attorney.
The Thomsons have agreed that everything in this agreement would be at a minimum and would be
contained within a recycling trash agreement. A significant addition is on page 2, b. last sentence; "TBI
agrees that it shall not commence operation of the facility before executing the curbside recycling contract."
Also on page 1, last sentence 1. "For so long that TBI is permitted to operate and is operating the Facility as
described herein and the Town zoning by-laws governing the use of the Site remain unchanged,TBI and the
Thomsons agree as follows:
The Recycling Committee had suggested additions that were adopted and Bill Hmurciak, Director of Public
Works was satisfied with the content of recycling.
Attorney Ken Kimmell was at first against the arbitration clause, but is satisfied with the stronger language
and is now more comfortable with the document. This is as good as it gets, remarked Attorney Urbelis.
Selectman Caggiano said that he did not have enough time to review the document because he received it at
4:0c P.M. He wanted to table the voting for two weeks to give the board members enough time to read and
review the final version. Selectman Xenakis echoed him saying there were substantial differences between
the earlier and final versions of the document and did not want the vote rushed.
Selectmen Smedile requested that Attorney Urbelis go over the point-by-point changes in the document and
provide a redlined copy of these changes to the Selectmen for review.
Selectman Wakeman said that the board members have seen versions of the document since negotiations
started and had enough time to review the three changes in the final draft.
Donald Stewart made a MOTION, seconded by Rosemary Smedile, to bring this document up for a vote in
public session tonight. Vote approved 3-2. Mark Caggiano and James Xenakis opposed.
ADJOURNMENT:
Rosemary Smedile made a MOTION, seconded by Donald Stewart, to move out of Executive Session.
Vote approved 5-0.
Respectfully submitted,
^ Adele J.Johnson,Administrative Secretary