HomeMy WebLinkAbout2003-12-08 Board of Selectmen Executive Minutes ^ BOARD OF SELECTMEN EXECUTIVE MINUTES DECEMBER S, 2003
EXECUTIVE SESSION: The Executive Session convened at 7 :00 p.m.
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; Fire Chief William Dolan; and Leonard Degnan, North
Andover GLSD representative.
The Board of Selectmen was individually polled and each voted unanimously to move into
Executive Session. Vote approved 5-0.
Note: Leonard Degnan arrived at 7:20 PM
GLSD Litigation.
The Town Manager informed the Board that he received a memo from Attorney Kenneth
Kimmell with updates on the status of the litigation with GLSD. A trial has been set for early
spring of next year. The issues to be resolved at the trial are as follows:
1. Whether the Board of Health's conditions imposed upon the GLSD facilities are reasonable
and
will not unduly interfere with GLSD's operation;
2. Whether GLSD is entitled to a refund of the $200,000 building permit fee;
3. Whether North Andover may assess a payment in lieu of taxes (PILOT) upon New England
Fertilizer as the operator of the facility.
The third issue is not yet part of the case, but GLSD attorney Bill DlAdamo, indicated that he
would soon amend the complaint to add that issue.
Mark Caggiano said that the PILOT is a separate issue; should not be bundled up with this
litigation and is not within the best interest of the Town. The Board should have Attorney
Kimmell oppose the amendment adding the PILOT to the lawsuit. This should not be
considered until the original litigation is settled.
Mark Caggiano made a MOTION, seconded by Rosemary Smedile, that the Board instructs
Attorney Kimmell to oppose any effort to amend the complaint to include the issue of PILOT
fees and to have it either delayed or stayed until the other two issues are resolved. Vote
approved 5-0.
Leonard Degnan, North Andover's Representative to the GLSD Board said that private haulers
bring in over$1 million a year. The private haulers would like to increase the amount of septic
brought in daily but need North Andover as a third party to clinch the agreement. The GLSD is
bringing in large amounts of money and the Town should be able to benefit one way or another.
Note: Nellie Aikenhead, Trust for Public Land and John Simons, Chair of Community
Preservation Committee arrived at 7:30 p.m.
Real Estate Matter.
^ Chairman Wakeman had a conversation with Mr. Michael Kettenbach regarding his property
and his interest in selling his land to the Town. The Kettenbach property consists of 30 acres
between Half Mile Hill and Osgood Hill. The property is listed at market value at$3.5 million.
The Town does not have the resources to pursue this land without TPL. TPL would help the
Town pursue this property as a third party. TPL would take all the financial risks, appraisals,
transaction costs, attorneys, self-help grant, advertising and private fund raising. If the deal
does not go through, TPL absorbs the costs. Another area of expertise is handling tax
advantages.
Rosemary Smedile made a MOTION, seconded by Mark Caggiano, that the Board reaffirms our
interest in the Kettenbach Property and authorize TPL to work on behalf of the Town of North
Andover. Vote approved 5-0.
ADJOURNMENT:
James Xenakis made a MOTION, seconded by Donald Stewart, to move out of Executive
Session. Vote approved 5-0.
Respectfully submitted,
Adele J. Johnson, Administrative Secretary