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2001 Conservation Commission Executive Session Minutes-RELEASED Northampton Conservation Commission Minutes of Executive Session March 15, 2001 The Northampton Conservation Commission held a meeting on Thursday, March 15, 2001 at 6:00 P.M. in Hearing Room 18, City Hall, 210 Main Street, Northampton, Massachusetts. Present were Members: Chair C. Mason Maronn, Joanne Montgomery, William Rosen, and Jim Kaplan. At 6:12 P.M., Maronn opened the meeting. Maronn announced that the first item on the Agenda necessitated an Executive Session to discuss the litigation process with Valley Aggregates. Maronn, Montgomery, Rosen, and Kaplan all agreeing affirmatively to enter an Executive Session by roll-call vote. Minutes of Executive Session Maronn read a confidential memorandum dated March 13, 2001 from City Solicitor, Janet Sheppard, Esq. He asked the members if they had received the letter from Attorney Souweine that is referred to in Attorney Sheppard’s memo. Members confirmed that they had. Misch stated that according to Janet Sheppard, there is no need for clarification of the current Enforcement Order against Valley Aggregates. She said that there should be no blasting until the conditions in the Enforcement Order have been met. Rosen asked for clarification regarding the conditions. Misch read the Enforcement Order to the Commission highlighting page 2 of the Order. Misch said that there should be no blasting without first completing the conditions listed in the Enforcement Order. 2 Rosen asked Misch to again clarify the conditions of the Enforcement Order. Misch explained that she has a revised Enforcement Order that will replace the existing Enforcement Order dated October 2, 2000. She told the members of the Board that a revised order was needed so that the Commission can have clear and specific dates for which the conditions must be met. Rosen asked if the buffer tags will be in place and if the mitigation will be done to the Commission’s satisfaction. In addition, he asked the members their thoughts regarding what should be said to Valley Aggregates when the issue of blasting and work is brought up and/or if they ask what authority the Commission has to keep them from blasting? Misch said that the Commission needs to have the drainage issues defined for storm water calculations prior to resuming work. She stated that April 10, 2001 is the date of inspection of the markers. Misch clarified that permanent tags must be in place, and in fact, she believes Valley Aggregates could have the tags available during the site inspection. Rosen said that the Commission should have the calculations. Misch said she believes Attorney Souweine is concerned that the Commission will go to the site and see something that they can add to the Enforcement Order. She told the members that Souweine does not like the language “all inclusive”. Maronn suggested that the Commission just order another Enforcement Order if they find something else out on the site that they are concerned with. Rosen asked if Valley Aggregates completes everything in the Enforcement Order, could they resume work on the site? Montgomery stated that she did not think that the Commission should feel pressured in giving any date to Valley Aggregates at this time. Maronn told the members that they would just be discussing the Enforcement Order tonight. He did not want to discuss anything else in regards to Valley Aggregates. Lastly, he stated that he is not going to change the language of the Enforcement Order. At 6:29 P.M., Maronn, Montgomery, Rosen, and Kaplan all agreed affirmatively by roll-call vote to end the Executive Session. Northampton Conservation Commission Minutes of Executive Session October 25, 2001 The Northampton Conservation Commission held a meeting on Thursday, October 25, 2001 at 9:05 P.M. in Hearing Room 18, City Hall, 210 Main Street, Northampton, Massachusetts. Present were members: Chair C. Mason Maronn, Joanne Montgomery, Mike Reed, Susan Carbin and John Body. At 9:07 P.M., Maronn opened the meeting. Maronn announced that they would be entering Executive Session for the purpose of discussing land acquisition. Maronn, Reed, Montgomery, Body and Carbin all agreeing affirmatively to enter an Executive Session by roll-call vote. Misch explained that Wayne Feiden annually applies for self-help grant money for land acquisition for conservation areas. Misch said that there is an additional grant opportunity available and Wayne is requesting that the Commission approve three different parcels of land. Misch explained that there are two possibilities in the Saw Mill Hills area but the lot lines are not quite clear as of yet. The third parcel is located adjacent from the Fitzgerald Lake conservation area. Misch explained that Feiden would like the Commission to grant approval so that he can pursue whatever property is more feasible for him to go after. Montgomery asked if Feiden was going to pursue one or several pieces of property. Misch explained that it depends on whatever amount of money is available in order to maximize as much land as possible. Reed moved to approve that Feiden apply for the self-help grant money in order pursue the parcels of land discussed. Carbin seconded. The motion passed unanimously. At 9:22 P.M., Maronn , Montgomery, Reed, Body and Carbin all agreed affirmatively by roll-call vote to end the Executive Session.