HomeMy WebLinkAbout2006-12-04 Board of Selectmen Executive Minutes ^ BOARD OF SELECTMEN EXECUTIVE MINUTES DECEMBER 4, 2006
EXECUTIVE SESSION: The Executive Session convened at 7:00 p.m.
ATTENDANCE: The following were present: Thomas Licciardello, Chairman; James 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.
Pendino Litigation
The Town has been trying to negotiate a settlement with the GLSD regarding a pending lawsuit having to do
with a payment in lieu of taxes(PILOT)for the facility. Considerable amount of time and effort has been
spent communicating with various parties, including Mayors and Town Manager of the other three member
communities;Andover, Lawrence and Methuen. With the exception of Andover, the other two communities
are in agreement on the concept of the Town dropping its lawsuit in return for a$125,000 per year PILOT plus
a cola.
Lenny Degnan, GLSD representative has been representing the town's best interest and doing a fantastic job
to help settle lawsuits. A year ago a lawsuit was settled between the Board of Health and GLSD regarding
excessive odors.
The second lawsuit is regarding GLSD a publicly owned sewage treatment facility hiring a private company,
New England Fertilizer Company operating a solid waste facility within the GLSD. The town of North Andover
^ "fee bylaw" is seeking a payment in lieu of taxes.
In order to resolve the dispute over the fee without further litigation and to establish a framework for GLSD's
financial contribution to North Andover, the attorney for GLSD agreed that an out of court settlement would be
a wise course of action. The estimated court settlement could be in the range of$700K and an ongoing
income stream paid to North Andover as a result of the ongoing operation of the on site fertilizer company.
The settlement is for GLSD to pay$125,000 to North Andover year plus b perpetuity. This is in recognition of
the price North Andover pays to host GLSD. This payment shall be used by North Andover for public safety
purposes only.
The Attorneys for the Town and GLSD are getting together to work out a final settlement, which instead of a
CPI rate increase it would be a flat 2Y2 percent increase.
ADJOURNMENT:
Mark Caggiano made a MOTION, seconded by James Xenakis, to move out of Executive Session. Vote
approved 5-0.
Respectfully submitted,
Adele J. Johnson, Administrative Secretary