HomeMy WebLinkAbout2004-11-01 Board of Selectmen Executive Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES NOVEMBER 1,2004
EXECUTIVE SESSION: The Executive Session convened at 7:15 P.M.
ATTENDANCE: The following were present: Rosemary Connelly Smedile, Chairman;Wendy Wakeman;
James Xenakis; Donald Stewart; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant
Town Manager and Town Counsel Thomas Urbelis.
The Board of Selectmen was individually polled and each voted unanimously to move into Executive Session.
Vote approved 5-0.
Ice Rink RFP
At a prior meeting the Board consented to have Town Counsel Thomas Urbelis forward the Ice Rink RFP to a
bankruptcy attorney. As a result of that, Urbelis pointed out that if the prospective purchaser files for
bankruptcy protection,the provisions for favorable ice time, rates and a locker room afforded to the High
School and youth hockey program, the right to operate a concession stand, and the option to purchase, and
certain owner payments would not be enforceable in bankruptcy.
The Town could accomplish its goal of precluding a change in the use of the premises by using its zoning
regulations. The Planning Board may issue a special permit limiting use of the Premises solely as an indoor
ice-skating facility.
The Town Manager suggested that the Board remove the language of 29 and ask the Planning Board to issue
a condition using a special permit limiting the use for an ice rink. If the builder goes bankrupt we would lose
our right to free ice time. The Town Manager then suggested releasing the RFP.
Mark Caggiano made a MOTION, seconded by Donald Stewart, to delete the right of reverter and section 29
from the proposed RFP and to retain requirements for free ice time and other considerations and to put out
the revised RFP. Vote approved 5-0.
Matses Realty Lease
Town Counsel Thomas Urbelis said that Charles T. Matses Realty has billed the Town for the remaining rent
due under the lease agreement that housed Community Development offices. The total is$12,649.90 minus
October's rent, which has been paid. A balance of approximately$7,600 is due,which is the difference
between the old lease and tenant at will.
Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to pay Mr. Charles T. Matses according to
his demand letter of October 14, 200. Vote approved 4-0. James Xenakis abstained.
Rental Space at 1600 Osgood Street
The Town Manager said he received a letter from Ozzy Properties'attorney regarding the Town's decision not
to continue negotiating the lease for town offices at 1600 Osgood Street and conditions of the TIF agreement.
Wendy Wakeman said to make it perfectly clear that the Town did not decide not to use office space at 1600
Osgood Street. Ozzy Properties refused to provide the Town with office space that met the conditions of the
original proposed agreement.
Donald Stewart was not pleased with the idea that Ozzy Properties proposed building a 650-unit 40B housing
development on the property just to justify the need for a Train Station behind the facility.
The Town Manager said the Town should not loose sight of the larger picture: assisting in the development of
the property. This is about job creation and economic development.
Thomas Urbelis said that if the free rent is not included in the TIF agreement, the Town has to go back to
Town Meeting for approval.
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James Xenakis said the Town should consider further negotiations with Ozzy Properties regarding the free
office space only on our terms. Give Ozzy Properties the option of accepting the Town's terms, such as
paying for utilities at about$4 a square foot and an acceptable, suitable space with adjacent parking. This is
the Town's final offer. No counter offer, a yes or no answer.
The Town also maintains that the 20 million dollars of improvements specified in the TIF must consist of
improvements to the existing building.
Wendy Wakeman made a MOTION, seconded by Mark Caggiano, to authorize Mark Rees and Rosemary
Smedile to return to the table with Orit Goldstein of Ozzy Properties and give one last chance to live up to
their side of this bargain with a maximum of$4 a square foot for utilities for approximately 5,000 square feet
of office space for Town use. Vote approved 5-0.
Henry Nasser
The Town Manager said that he received a letter from Mr. Nasser's attorney asking the Town to make a deal.
James Xenakis said that Mr. Nasser is not giving up on this unless a Judge rules on whether this is right of
wrong. The Town has already tried to resolve this by offering Mr. Nasser$1,500, which was turned down.
Mark Caggiano made a MOTION, seconded by James Xenakis, for Mark Rees and Thomas Urbelis to talk
with Mr. Nasser's attorney. Vote approved 5-0.
ADJOURNMENT:
Wendy Wakeman made a MOTION, seconded by James Xenakis, to move out of Executive Session at 7:45
^ PM. Vote approved 5-0.
Respectfully submitted,
Adele J. Johnson,Administrative Secretary
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