HomeMy WebLinkAbout2009-10-19 Board of Selectmen Executive Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES October 19, 2009
EXECUTIVE SESSION: The Executive Session convened at 6:30 p.m.
ATTENDANCE: The following were present: Chairman Tracy M.Watson; Vice Chairman Daniel Lanen;
Clerk Rosemary Connelly Smedile;William F. Gordon; Richard Nardella; Town Manager Mark Rees;
Assistant Town Manager Ray Santilli.
The Board of Selectmen was individually polled and each voted to move into Executive Session. Vote
approved 5-0.
Note: Town Counsel Thomas Urbelis, Carol McGrevey Planning Board Chairman John Simons,
Conservation Commission Chairman Jack Mabon and Jennifer Hughes were present for this Real Estate
portion.
Real Estate Matters—Acquisition of Windrush Farms Property—Marjorie Kittredge Trustee
Town Counsel Thomas Urbelis gave the Board the current status and some issues that need to be
resolved.
Survey Issues: There is a survey issue where one of the parcels to be acquired by the Town, identified
on the compilation plan as Parcel 5, is not registered land, and contains 4 acres, of which two of the
boundaries are uncertain. This parcel is owned by the Commonwealth of Massachusetts. The
Commonwealth has assigned to this matter to an attorney and the objective is to enter into a boundary
^ line agreement with the state that would resolve the survey issue for that parcel.
A larger,42.5 acre parcel of land located primarily in"Cedar Swamp", shown as parcels 3 and 6 on the
compilation plan, has never been surveyed and it is estimated that this would cost between$30,000 to
$40,000 to investigate the feasibility of a boundary line survey. Due to the surveyors opinion that, due to
the wet conditions on the property, the likelihood of completed a survey is remote; TPL is not willing to
pay for this work. TPL has proposed that title insurance be provided that insures the historical deed
descriptions of the 32.5 acre parcel, but the policy will not insure the boundary lines without a survey.
The title insurance company would not provide coverage as to the exact parameter of the land which the
Town would acquire. Town Counsel said this is a risk worth taking. The land is wet on both sides and
the abutter to this land has been in tax title for 30 years.
Trail License: Mrs. Kittredge wants to preserve Windrush Farms ability to continue to use the trails both
on the land to be owned by them and the land to be owned by the Town. Counsel has proposed that the
Town grant WFTE a revocable license for a ten year term allowing WFTE the continued use of the trails.
Terms proposed would be WFTE would maintain the trails, indemnify the Town for any claims associated
with use and maintain liability insurance for the benefit of WFTE and the Town.
Huntirim The Town, TPL and WFTE are continuing to negotiate the terms of MOU that would set out the
conditions under which hunting will be allowed on the property to be acquired by the Town in fee. The
objective is to allow hunting at certain times and under certain conditions that will control deer herd
populations in a way that accommodates the equestrian use of the trails by WFTE.
Conservation Restriction—26 Acre WFTE Parcel: The Town will purchase a Conservation Restriction
and the terms are under negotiation. A major remaining issue is the extent to which the Town, through
the Conservation Restriction, would permit WFTE to construct"alternative power equipment"which may
include solar devices and wind turbines,to produce energy for the WFTE property.
The Board of Selectmen don't mind solar on WFTE property such as their bam, but they were not in favor
of this alternative energy on Town owned land.
Note: Daniel Lanen recused
Note: Labor Counsel Tim Norris was present for this Collective Bargaining portion
Collective Bargaining
Note: Mark Rees and Ray Santilli recused
Negotiations with Non-union employee—Town Manager
The Board discussed renewing the Town Manager's contract and to offer him a 3-year contract and revisit
in year two and three. If the financial picture changes the Town Manager would get an increase if all
other town employees get raises. Perks would stay the same such as car allowance and vacation time.
The status quo contract is in no way a reflection on the Town Manager's performance; it is based on the
current economic conditions of the town.
Richard Nardella made a MOTION,seconded by Rosemary Smedile, to offer the Town Manager a 3-year
contract, status quo and to revisit in years two and three. Any salary increases would be negotiated
solely at the discretion of the Board of Selectmen and based on the current economic conditions. Vote
approved 5-0.
ADJOURMENT:
Richard Nardella made a MOTION, seconded by William Gordon, to adjourn at 10:15 p.m. Vote
approved 5-0.
Respectfully submitted,
Adele J. Johnson, Administrative Secretary