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HomeMy WebLinkAbout2007-01-29 Board of Selectmen Executive Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES JANUARY 29, 2007 EXECUTIVE SESSION: The Executive Session convened at 6:00 p.m. ATTENDANCE: The following were present: Thomas Licciardello, Chairman; James Xenakis; Daniel P. Laren; 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 to discuss Pending Litigation. Vote approved 5-0. Agreement with DeRosa dba Integrated Paper Recvclers LLC -TBI and Town of North Andover Special Counsel Jonathan Klavens of Bernstein, Cushner& Kimmell, and Members of the Board of Health, Dr. Thomas Trowbridge, Jonathan Markey, and Larry Fixler were also present. The basic premise of the settlement is that the Town and TBI would agree that town collected recyclables would continue to flow to DeRosa. Special Counsel Klavens presented draft documents effecting this settlement. The two main points are as follows: A. TBI will advance the date on which curbside collection of recyclables will commence to the date on which all permits for construction and operation of TBI's solid waste recycling center and transfer station are final, provided that collection equipment and a collection agreement between TBI and the Town are in place. Said permits will become final after all appeal periods have expired without an appeal or if any appeal has been filed after all such appeals have been finally resolved in TBI's favor. B. TBI will deliver the curbside recyclables that it collects from North Andover residents and businesses at no charge to Integrated Paper Recycles, LLC's recycling business on Clark Street in North Andover during the term of the Recyclables Purchase Agreement. This delivery obligation will apply only to recyclables collected pursuant to TBI collects under any other contracts. Other points of importance: ask TBI's attorney about the start date; the town would initiate a new recycling program in which Town schools will place paper and cardboard recyclables in on-site dumpsters; IPR shall pay the town for each ton of residential mixed paper and school recyclables, the greater of(A)$20 and (B)75%of the average of the published price per ton of the Official Boards Markets in New England for#6 News applicable to the day of delivery, and each ton of Rigid Recyclables, $7.50; DPW should monitor how DeRosa weighs paper; and a notice of single stream recycling to IPR. James Xenakis made a MOTION, seconded by Rosemary Smedile, to authorize the Town Manager to make changes or modifications to contract that would be in the best interest for the town and consult with the chair of the Board. Vote approved 5-0. Jonathan Markey made a MOTION, seconded by Larry Fixler,to agree to the principles of the contract and authorize the Town Manager to make changes or modifications to contract that would be in the best interest for the town. Vote approved 3-1. GLSD Agreement The Town of North Andover and the Greater Lawrence Sanitary District has reached a settlement. The town of North Andover agreed to drop a lawsuit against their privately operated fertilizer plant in return for a payment in lieu of taxes in the amount of$25,000 no later than June 30, 2007, and the GLSD shall pay North Andover a sum of $125,000 multiplied by the percentage increase of the Boston Consumer Price Index between May 1, 2007 and May 1, 2008, not to exceed 2%a percent per year. James Xenakis made a MOTION, seconded by Rosemary Smedile,to authorize the Town Manager to sign on behalf of the town to finalize the this agreement. Vote approved 5-0. ADJOURNMENT: ^ James Xenakis made a MOTION, seconded by Daniel Lanier, to move out of Executive Session. Vote approved 5-0. Respectfully submitted, Adele J. Johnson, Administrative Secretary