HomeMy WebLinkAbout2002-06-10 Board of Selectmen Executive Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES June 10,2002
^ EXECUTIVE SESSION: The Executive Session convened at 7:05 p.m.
ATTENDANCE: The following were present: Rosemary Smedile, Chairman;Donald B. Stewart; James Xenakis;
Wendy Wakeman; Susan Haltmaier,Mark Rees,Town Manager;Ray Samilli,Assistant Town Manager.
EXECUTIVE SESSION: Wendy Wakeman made a MOTION, seconded by Donald Stewart,to move into
Executive Session to discuss Real Property: Maritimes Pipeline;vote approved 5-0.
The Board of Selectmen was individually polled and each voted to move into Executive Session.
Vote: Wendy Wakeman yes;Donald Stewart yes; Susan Haltmaier yes;James Xenakis yes;Rosemary Smedile yes.
Chairman Smedile stated the Board would be returning to Open Session after the Executive Session.
Maritimes Pipeline.
On June 3,2002, Special Counsel Beth Goodman,Fire Chief Dolan,Con Com Administrator Julie Parrino and
Town Manager Mark Rees met with representatives from Maritimes Pipeline to continue discussions regarding the
Town granting easements over town owned property for the construction for the pipeline. The Town property on
which Maritimes seeks an easement is under the care,custody,management and control of the Conservation
Commission and is located in the former Foster Farm property. Maritimes has offered to pay the Town a lump sum
of$217,785.72. This amount includes payment for a consultant to advise the Town on environmental and safety
issues during the construction process as well as payment for an easement over Town land. It also includes the cost
of special fire safety training for North Andover personnel that Chief Dolan believes is appropriate to deal with
emergency, fire and other risks posed by the pipeline. The Agreement will not impose conditions on the funds
except to provide that the Town has funds for the fire training.
Maritimes appraised the value of the easement alone at$30,000. The lump sum payment includes an allowance of
$57,785.72 for training Town Fire Department personnel. Fire Chief Dolan put together a budget of approximately
$55,000 as the estimated cost of specific training for fire safety related to the pipeline and the payment includes
approximately$1,800 in additional related expenses. Therefore,the package is nearly three times that which
Maritimes would offer for the easement(were it to be litigated)and fire training alone. It should also be noted that
were the Town not to enter into a settlement with Maritimes, it would be unlikely to receive more than the value of
the easement in any litigation.
Maritimes just proposed this scenario today. If the Board agreed that Maritimes could file an action in federal court
for an order of taking and the Board would not oppose the action,then Maritimes and the Town could enter into a
settlement and/or consentjudgment incorporating the MOU described above,and providing for the payment of
$217,785.72. There would be no Town Meeting vote because the easement would not be a voluntary transfer.
There would be no vote of the state legislature under Article 97 either. If the Board would not agree to incorporate
the terns of a settlement into a"friendly taking"or settle with Maritimes according to the above information,then
Maritimes says it will immediately file in federal court for an order of taking and pay the Town only$30,000 in
damages(value of the easement alone).
Wendy Wakeman has concerns with the open space preservation and does not want to see ugly gashes in the land.
Attorney Beth Goodman stated she would incorporate language to be sure the open space habitat of the land is
preserved.
Wendy Wakeman made a MOTION, seconded by Donald Stewart,to adopt Option B a voluntary order of taking
with special language to be sure the vistas,the natural habitat is protected;vote approved 5-0.
This option is not subject to Town Meeting approval.
ADJOURNMENT: Wendy Wakeman made a MOTION, seconded by Susan Haltmaier,to move out of executive
session;vote approved 5 -0.
Kathleen A. O'Neill,Administrative Secretary