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HomeMy WebLinkAbout1993-09-07 Board of Selectmen Executive Session Minutes f f f I r Board of Selectmen Meeting r Executive Session September 7, 1993 The Executive Session convened at 7 : 03 p.m. in the Selectmen's Meeting Room. Present were Chairman George Hines, Vice Chairman Eugene Nigro, Secretary Sally Hoyt, Selectmen Dan Ensminger and Bill Burditt, Town Manager Peter Hechenbleikner, Town Counsel Theodore Cohen. The Board reviewed the Bear Hill situation. George Hines asked that in the future to have Town Counsel do the drafting so that we know that it is his final draft that we are looking at. 'The Board discussed issues surrounding Sections 9.2, 9. 3, 9.1311- 9. 10, .13;9. 10, 10, 11. The Board gave direction as to how these items were to be dealt with. Brad Latham Esquire and Drew Dolben joined the meeting. The fol- lowing agreements were reached: Section 9.2 - The Town will have 60 days to clear a title. Section 9.3 - Best efforts will be used rather than "reasonable efforts" . Section 9. 13 - Language will be inserted to indicate the buyer is not reasonably able to reach agreement. Section 9. 10 - The words "reasonable efforts" will be inserted. Section 11 - Thirty days will be changed to 60 days and this en- tire section is to be rewritten. Section 10 - It will be indicated that if we get a letter from the US Army Corp of Engineers, that will be acceptable. Barring that, the developer will spend up to $10,000 for such a letter if the developer has not been required to spend all of the off-site improvement monies leaving a balance of $10,000. All parties agreed that all issues were resolved and a revised draft will be done. If possible this will be acted on next Tues- day - if not then the following Tuesday. On motion by Ensminger seconded by Hoyt the Board voted to ad- journ the Executive Session at 8: 04 p.m. All five members present voted in the affirmative. The Board reconvened in Executive Session at approximately 10:45 p.m. Present were Chairman George Hines, Vice Chairman Eugene Nigro, Secretary Sally Hoyt, Selectmen Bill Burditt and Dan Ensminger, Town Manager Peter Hechenbleikner. Approval of Minutes On motion by Nigro seconded by Hoyt the minutes of the Executive Session of June 22 , 1993 were approved by a vote of 5-0-0. Board of Selectmen Meeting - 9/7/93 Executive Session - page 2 On motion by Nigro seconded by Burditt the minutes of the Execu- tive Session of July 13, 1993 were approved by a vote of 5-0-0. Ori motion by Nigro seconded by Hoyt the minutes of the Executive Session of July 22, 1993 were approved by a vote of 5-0-0.. On motion by Nigro seconded by Burditt the minutes of the Execu- tive Session on August 24, 1993 were approved by a vote of 5-0-0. George Hines reviewed his discussions with Mr. and Mrs. Weimer and Mr. and Mrs. Begonis regarding South S::reet. He had ex- pressed concern to them about the suggestion that the issue be remanded to CPDC. Town Counsel is directed to write a letter to the group via Mark Favalaro that a remand is not appropriate, but that the Town will continue with its dialogue. The group including Hines and representatives of. the South Street area will pursue the remedy of existing safety problems on an al- ternative track. These will include regulations to minimize. cut through traffic, and enforcement of the speed limit. The Parking, Traffic and Transportation Task Force was asked to develop a plan to deal with some of these issues including do not enter signs at South and Jacob Way, and other potential regula- tions. It was suggested that the design can be advanced to the point of doing pole locations so , that this information can be used to evaluate the project's impact on trees. It will be sug- gested then, if there is no significant impact, that the neigh- bors would withdraw the suit. It was asked whether they would sign an agreement to that effect. The Town Manager expressed concerns about the staff time that it would take to get to this point in the project and that we don't have the time to afford if the project is not going to go forward. This issue is on hold at this time. The Town Manager presented Labor Counsel's memo on the King litigation. On motion by Burditt seconded by Hoyt the Board voted to approve a settlement up to $21,500 to settle all issues including outstanding medical costs, pending Town Meeting ap- proval at the Fall Town Meeting. The motion was approved by a vote of 5-0-0. On motion by Nigro seconded by Burditt the Board voted to adjourn the Executive Session at 11: 14 p.m. All five members present voted in the affirmative and the motion was carried. Respectfully submitted, A-ecretay