HomeMy WebLinkAbout2004-01-12 Board of Selectmen Executive Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES JANUARY 12, 2004
EXECUTIVE SESSION: The Executive Session convened at 7 :00 PM at the Stevens Memorial Library.
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, Town Counsel Thomas Urbelis and Fire Chief Dolan.
The Board of Selectmen was individually polled and each voted unanimously to move into Executive
Session. Vote approved 5-0.
Anticipated litigation -Great American Insurance Comoanv.
Town Counsel Thomas Urbelis sent a letter representing the Town of North Andover to Great American
Insurance Company pursuing additional reimbursement of$64,510. Great American paid the Town an
initial payment of$160,047 and an additional payment of$4,999 for a fire alarm system.
Great American Insurance Company responded saying that under the terms and conditions of the policy
of insurance, the insured was required to submit documentation that monies were expended within two
(2)years of the date of loss. Otherwise, Great American was not contractually obligated to make any
further payments to the insured. Great American extended the claims period by one-year to allow the
Town an opportunity to complete its claim submittal. The Town has simply failed in its contractual
obligation. Therefore, Great American will make no further payments.
Attorney Urbelis suggested several possibilities such as file a lawsuit, drop the case entirely, or go back
to them and ask for only the$30,000 on depreciation holdback and walk away.
^ Mark Caggiano made a MOTION, seconded by Rosemary Smedile, for Town Counsel to pursue the
$30.000 that is held back for depreciation purposes and see what the response is from Great American.
Vote 5-0.
ADJOURNMENT:
Mark Caggiano made a MOTION, seconded by Rosemary Smedile, to move out of Executive Session.
Vote approved 5-0.
Respectfully submitted,
Adele J. Johnson, Administrative Secretary
BOARD OF SELECTMEN EXECUTIVE MINUTES JANUARY 26, 2004
EXECUTIVE SESSION: The Executive Session convened at 7:00 p.m.
ATTENDANCE: The following were present: Wendy D. Wakeman, Chairman; Rosemary
Smedile; James Xenakis; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli,
Assistant Town Manager; Fire Chief William Dolan; Town Counsel Thomas Urbelis.
The Board of Selectmen was individually polled and each voted unanimously to move into
Executive Session. Vote approved 4-0.
Note: Selectman Donald Stewart was absent.
Anticipated Litigation, Fr. R.E.Atwood.
The Town Manager informed the Board that Dr. Atwood is threatening a lawsuit against the
Town for allegedly taking his property unlawfully for use as a drainage ditch. Thomas Urbelis
Town Counsel indicated that the Town may have some exposure in this matter and
recommends either taking the drainage easement through an eminent domain taking or by re-
routing the drainage to Town owned land. Town Engineer Jack Sullivan estimated costs to do
this option to be approximately $32,000.
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, to direct the manager to
explore options for a fix to this drainage ditch and contact Dr. Atwood by letter. Vote approved
4-0.
Real Estate Acquisition.
John Simons, Chair of the Community Preservation Committee and Nellie Aikenhead from the
Trust for Public Land gave the Board an update of the negotiations for the acquisition of the
Kettenback property.
There is an Offer To Purchase and Option Agreement in principle between landowner and the
Trust for Public Land (TPL); the Town of North Andover will execute a separate Purchase and
Sale Agreement with TPL following Town Meeting approval. The Purchase price is $2,650,000
million. TPL must complete and be satisfied with all Due Diligence (title, environmental,
appraisal) within 60 days of executing Option Agreement (estimated deadline March 30, 2004).
Project requires a Town Meeting Vote no later than May 31, 2004 that approves the use of
Community Preservation Act funds for the portion of the acquisition that is not being funded
from other(state or private) sources. Closing date is established for June 30, 2004.
Ms Aikenhead provided a spreadsheet with Private Foundation Grants and the predicted State
CPA matching grant. The state CPA has $90 million for such projects. North Andover may well
get a 100 percent match for five years.
^ Selectmen commended Ms. Aikenhead for her excellent work on this project. This piece of land
will protect the watershed and connects Osgood Hill with Wire Hill.
Alftk Mark Caggiano made a MOTION, seconded by Rosemary Smedile, authorizing the Town
Manager to send a letter requesting technical advice and assistance from Ms. Aikenhead from
The Trust for Public Land to fund the acquisition of the Kettenback property also known as
"Half-Mile Hill Summif'. Vote approved 4-0.
ADJOURNMENT:
James Xenakis made a MOTION, seconded by Rosemary Smedile, to move out of Executive
Session. Vote approved 4-0.
Respectfully submitted,
Adele J. Johnson, Administrative Secretary