HomeMy WebLinkAbout2005-02-14 Board of Selectmen Executive Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES FEBRUARY 14,2005
EXECUTIVE SESSION: The Executive Session convened at 7:00 p.m.
ATTENDANCE: The following were present: Rosemary Connelly Smedile,Chairman;Wendy Wakeman;lames 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 to move into Executive Session. Vote approved 5-0.
Pending Litigation.
At the request of the board,Town Counsel Thomas Urbelis gave a summary of the December 27,2004 meeting with
Scott Masse,Chairman or the Conservation Commission,also included in the meeting was Chairman Smedile,Mark Rees
and himself.
Mr. Masse had mentioned three main things of concern.The Conservation Commission would like the Selectmen to
agree not to require the Commission to televise its proceedings.
The Commission is concerned about possible changes to,or elimination of,the Wetlands bylaw,which the Selectmen
might sponsor or support.
The Commission wants to have input into the Selectmen's choice of future Commission members and Conservation
Commission staff,with the input being in the form of a recommendation,after interviews,to the Selectmen of a
candidate.
The Plisinskis have offered to pay$15,000 to the Town as part of their proposed settlement and the Commission wants
that money to be designated for a wetlands fund and not general revenue.
^ Mr.Masse was concerned that granting a waiver of the 25 foot no disturb zone would be precedent setting for future
private applicants,particularly In light of the Superior Court dismissing the Plisinskis case regarding their application for
a waiver of the 25 foot zone. He recently voted(in the minority)against granting such a waiver to the Town for the
Town's project across the Common.
After discussion of the above points,no commitments or agreements were made.
Town Counsel did say the Second Superior Court litigation,which is for monetary damages of approximately$400,000,
has already been dismissed prior to trial as the Town and the plaintiffs are pursuing an appeal to the Appeals Court to
reverse the Superior Court ruling and proceed to trial. Although another Superior Court Judge has expressed a view that
the prior Superior Court Judges ruling was not correct,for the moment at least,the ruling stands. Another Appeals
Court hearing could be heard by the end of this year or early next year.
Town Counsel said that the Board of Selectmen couldn't do anything further at this time.
The Conservation Commission asked about the possibility of filing a lawsuit against the town's prior town counsel,the
law firm of Kopelman and Paige,due to the two allegedly inconsistent settlement documents entered into by the
Planning Board and the Conservation Commission in 1995 and 1996.
The Board of Selectmen agreed not to file a lawsuit against the town's prior town counsel.
The Board authorized Town Counsel to look into Kopelman and Paige's Insurance Carrier for coverage of the$400,000
than to have to ask the taxpayers of North Andover.
ADJOURNMENT:
^ Wendy Wakeman made a MOTION,seconded by Mark Caggiano,to move out of Executive Session. Vote approved 5-0.
Respectfully submitted,
Adele J.Johnson,Administrative Secretary
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