HomeMy WebLinkAbout2003-01-13 Board of Selectmen Executive Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES January 13, 2003
EXECUTIVE SESSION: The Executive Session convened at 10:00 p.m.
ATTENDANCE: The following were present: Rosemary Smedile, Chairman; James Xenakis;
Wendy Wakeman; Donald Stewart; Susan Haltmaier; Mark Rees, Town Manager; Ray Santilli,Assistant
Town Manager and Thomas Urbelis, Town Counsel.
The Board of Selectmen was individually polled and each voted unanimously to move into Executive Session.
Vote approved 5-0.
XA Pendina Litistation: Rocket Entertainment
Mark Rees Town Manager gave a report of a meeting held on December 20, 2002,with the Thomson Family,
their attorney, Thomas Markey, Town Counsel, Thomas Urbelis and Special Counsel, Kenneth Kimmell.
At the meeting,the Thomsons said that they were fully prepared to move forward with the strip club and that
unless the Town granted them their transfer station permit they would do so. They were not interested in any
alternative uses of their land because it would not generate sufficient revenue. They suggested that the Town
Manager visit the New Bedford transfer/recycling center, the model the Thomsons anticipate to emulate. At
the conclusion of the meeting, the Thomson family said they would prepare a proposal to the Board of
Selectmen for a transfer station/recycling center.
The Town Manager gave an in-depth report on his visit with Thomas Urbelis to the ABC Disposal
transfer/recycling facility in New Bedford on January 3, 2003. The facility was a fully enclosed, large two story
high"butler' building. It is authorized by DEP and the local Board of Health to take in 500 tons a day of which
^ 350 tons is C&D and 150 tons is MSW. Estimates of approximately 80 to 100 truckloads are brought into and
out of the location on a daily basis. No birds or rodents were observed and the operation appeared to be well
organized. No noxious odor was experienced, although the visit was in the winter. There was an odor control
system that was not observed in operation during the visit. Water run off is collected and separated into oil
and water. Water is disposed into the municipal sewer system. DEP has issued them permits that require
periodic testing and reporting on a regular basis. This site was assessed at$865,400 and based on their
commercial tax rate of$31.18/$100 value generated $26,983.17 in taxes for the city.
The Thomsons submitted a settlement offer proposal on January 10, 2003. After reading the TBI, Inc.
proposal, Selectman Xenakis said that the Board of Selectmen cannot and will not publicly recommend
approval to any Town or Stale Boards. If TBI, Inc.wants to apply for an application for a transfer station,
there is a process that should go directly through the Board of Health. The Board of Selectmen should not
interfere with this in any way.
Selectman Wakeman said that the landowner has every right to build a strip club or a transfer station on the
land. The Board of Health reports to the Board of Selectmen. The Board of Selectmen should not shirk their
responsibility as policymakers.
Selectman Haltmaier said that she would not support another trash/transfer facility and that the Town has no
control. The Town should not go back to the table to try and cut a deal with these people just to avoid their
threat of a strip club.
Selectman Smedile said that she has researched the subject of adult entertainment strip clubs and spoke to
many people about this subject. The strip club can become a reality and will be successful no matter what
rules are established by the Town. Selectman Smedile feels that this club will make North Andover a
destination town and thousands of cars will come to town. Property valuation will go down and destroy the
reputation of our Town. She suggested that the Board authorize the Town Manager and Town Counsel to go
^ back to the table to try and negotiate further with the Thomsons. The Board has a duty and obligation to at
least explore the possibilities. Selectman Smedile said that the Thomsons were almost assured the Transfer
Station in 1997 and lost on a technicality because environmental people pressured the Board of Health.
Board of Selectmen Executive Session Minutes 2
January 13, 2003
Wendy Wakeman made a MOTION, seconded by Donald Stewart, to authorize the Town Manager to further
negotiate with the Thomson family and their attorney, furthermore the Board of Selectmen will not accept the
TBI, Inc. submitted proposal as written. Vote approved 3-2. Susan Haltmaier and James Xenakis opposed.
James Xenakis made a MOTION, seconded by Donald Stewart, to authorize the Town Manager to further
negotiate with the Thomson family, but the Board of Selectmen has no intention of voting on a resolution to
publicly recommend this package to the Board of Health. Vote approved 3-2. Rosemary Smedile and Wendy
Wakeman opposed.
The Town Manager said that in his conversations with the Thomson, he said that the best the Board of
Selectmen could do is to tell the Board of Health that both parties have reached an agreement and publicly
support their application package. The Thomson will not file an application to the Board of Health without
the Board of Selectmen's approval.
XB Collective Baraainina:
Ray Santilli Assistant Town Manager said that the North Andover Police Association agreed to a new three-
year contract to be in effect from July 1, 2001 through June 30,2004. The Police Union has ratified the
collective bargaining agreement on December 18, 2003. He suggested that the Board of Selectmen ratify at
this time.
Susan Haltmaier made a MOTION, seconded by James Xenakis, to ratify the three-year contract to be in
effect from July 1, 2001 through June 30, 2004. Vote approved 5-0.
ADJOURNMENT:
Wendy Wakeman made a MOTION, seconded by Donald Stewart to move out of Executive Session and
y adjourn at 11:00 PM. Vote approved 5-0.
" Respectfully submitted,
Adele J. Johnson,Administrative Secretary