HomeMy WebLinkAbout2006-11-20 Board of Selectmen Executive Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES NOVEMBER 20,2006
EXECUTIVE SESSION: The Executive Session convened at 7:00 P.M.
ATTENDANCE: The following were present: Thomas Licciardello,Chairman;lames Xenakis;Daniel P.Lanen;Mark J.T.
Caggiano;Rosemary Connelly Smedile, Mark Rees,Town Manager;Ray Santilli,Assistant Town Manager.
The Board of Selectmen was Individually polled and each voted to move into Executive Session. Vote approved 5-0.
List of Union Grievances
Assistant Town Manager Ray Santilli presented a list of Union Grievances since the start of 2006. He also explained the
three level process the employee takes when proceeding with a grievance. Step 1:Supervisor;Step 2:Department Head;
Step 3:Town Manager. The common grievances are related to money and overtime,personnel matters,discipline or
passed over for promotion. The Union has the ability of go to Arbitration. The Town tries to negotiate with employee and
union before going to Arbitration.
Note: Daniel Laren recused from the executive session.
Personnel Matter
Note: Daniel Laren returned to executive session.
Pending Litigation—TBI vs DeRosa
The Board of Health's decision to grant a site assignment to TBI to build a solid waste facility on Holt Road has been
appealed by First Choice Realty(DeRosa),the company that currently receives the town's recyclable materials. TBI and
DeRosa have been in discussions regarding resolving their issues so that the appeal can be dropped. Since the main issue
concerns the ultimate disposition of recyclable products collected in North Andover,the Town has been drawn into these
settlement discussions.
Town Manger Mark Rees asked Special Counsel Kenneth Kimmell to prepare a briefing memo on this matter for discussion
by the Board. The essential points of the deal are as follows:
1. TBI would do the curbside pick-up as promised in the host community agreement. It may also be possible to have
the date of commencement expedited. Under the current agreement,TBI's obligations starts when the transfer
station is operational;TBI might be willing to start earlier,i.e.,when it receives all local permits.
2. TBI would transfer the recyclables to Positive Start. Positive Start would not charge the Town for handling them,
and in fact for newspaper would pay the Town 76%of the N6 Newsprint Official Board Markets(which currently
comes to approximately$28.35/ton),with a floor payment of$20.00 per ton.
3. Waste Management would offer the Town a slightly better deal on the recyclables at 95%,or approximately
$36.00 per ton,with a$20.00 floor.
4. However,there are three good reasons to consider the Positive Start deal. One,it ends the litigation,and saves
the Town litigation costs. Two,it potentially accelerates the time when the Town starts receiving from TBI free
curbside recycling. Third,TBI is willing to enter into this deal with Positive Start and forego the potential revenues
TBI could derive from the recyclables. This may not be the case If the deal is with Waste Management. In fact,it is
possible that TBI could claim that it owns the recyclables and is under no obligation to transfer them to any
particular vendor or pay the Town any money for them.
If the Board believes that this deal has merit,the next step would be to negotiate an actual,three-way contract between
the Town,TBI,and Positive Start. This would be presented to the Board for approval at a public meeting.
James Xenakis made a MOTION,seconded by Rosemary Smedile,to authorize and finalize the agreement between the
Town,TBUI and Positive Start. Vote approved 4-1. Mark Caggiano opposed.
ADJOURNMENT:
Daniel Laren made a MOTION,seconded by Mark Caggiano,to move out of Executive Session. Vote approved 5-0.
Respectfully submitted,
Adele J.Johnson,Administrative Secretary