2020-12-09 Executive Session MinutesSRA December 9, 2020
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City of Salem Massachusetts
Executive Session Meeting Minutes
Board or Committee: Redevelopment Authority, Executive Session
Date and Time: Wednesday, December 9, 2020 at 6:00 PM
Meeting Location: Zoom Virtual Meeting
SRA Members Present: Chair Grace Napolitano, David Guarino, Cynthia Nina-Soto,
Dean Rubin, Russ Vickers
SRA Members Absent: None
Others Present: Tom Daniel – Director of Planning and Community
Development
Kathryn Newhall-Smith – Principal Planner
Mathieu Zahler – Consultant
Recorder: Colleen Brewster
Chair Napolitano calls the meeting to order. Roll call was taken.
Executive Session Meeting
To review and approve draft minutes from the Executive Sessions listed below. These minutes
represent Board discussion of the development proposals submitted in response to the Request
for Proposals for the redevelopment of real property located at 32-34 Federal Street and 252
Bridge Street, Salem, MA. The Board will review these in Executive Session because an open
meeting may have a detrimental effect on the negotiating position of the public body.
Guarino: Motion to enter into executive session.
Seconded by: Rubin.
Roll Call Vote: Rubin, Vickers, Guarino, Nina-Soto, Napolitano. 5-0 in favor.
Chair states that the Open Session will not reconvene at the conclusion of the Executive Session.
Mr. Zahler joined the meeting.
The Executive Session began at 7:30PM.
Minutes
Mr. Daniel stated that with the Board’s designation of the preferred developer and back-up developer, the
Board needed to review and approve the minutes from all executive sessions associated with the
courthouse project.
Draft minutes from the following dates were reviewed and edits were discussed by the SRA. Only Board
members present for each meeting are permitted to vote.
1. The minutes of the July 9, 2019 Executive Session were reviewed.
Guarino: Motion to approve the minutes of the July 9, 2019 Executive Session with Guarino,
Daniel, and Zahler’s edits.
Seconded by: Rubin.
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Roll Call: Guarino, Rubin, Napolitano. 3-0 in favor.
2. The minutes of the July 23, 2019 Executive Session were reviewed.
Guarino: Motion to approve the minutes of the July 23, 2019 Executive Session as written.
Seconded by: Rubin.
Roll Call: Guarino, Rubin, Vickers, Napolitano. 4-0 in favor.
3. The minutes of the July 25, 2019 Executive Session were reviewed.
Rubin: Motion to approve the minutes of the July 25, 2019 Executive Session with Daniel’s edits.
Seconded by: Guarino.
Roll Call: Guarino, Rubin, Vickers, Napolitano. 4-0 in favor.
4. The minutes of the August 14, 2019 Executive Session were reviewed.
Rubin: Motion to approve the minutes of the August 14, 2019 Executive Session as written.
Seconded by: Vickers.
Roll Call: Guarino, Rubin, Vickers, Napolitano. 4-0 in favor.
5. The minutes of the September 30, 2019 Executive Session were reviewed.
Rubin: Motion to approve the minutes of the September 14, 2019 Executive Session with
Daniel’s edits.
Seconded by: Guarino
Roll Call: Guarino, Rubin, Vickers, Napolitano. 4-0 in favor.
6. The minutes of the October 9, 2019 Executive Session were reviewed.
Rubin: Motion to approve the minutes of the October 9, 2019 Executive Session with Daniel’s
edits.
Seconded by: Guarino.
Roll Call: Guarino, Rubin, Vickers, Napolitano. 4-0 in favor.
7. The minutes of the November 13, 2019 Executive Session were reviewed.
Rubin: Motion to approve the minutes of the November 13, 2019 Executive Session as written.
Seconded by: Guarino.
Roll Call: Guarino, Rubin, Napolitano. 3-0 in favor.
8. The minutes of the May 13, 2020 Executive Session were reviewed.
Rubin: Motion to approve the minutes of the May 13, 2020 Executive Session as written.
Seconded by: Guarino.
Roll Call: Guarino, Rubin, Vickers. 3-0 in favor.
9. The minutes of the June 10, 2020 Executive Session were reviewed.
Rubin: Motion to approve the minuets of the June 10, 2020 Executive Session with Rubin and
Daniel’s edits.
Seconded by: Guarino.
Roll Call: Guarino, Rubin, Vickers, Napolitano. 4-0 in favor.
10. The minutes of the July 8, 2020 Executive Session were reviewed.
Rubin: Motion to approve the minutes of the July 8, 2020 Executive Session as submitted.
Seconded by: Guarino.
Roll Call: Guarino, Nina-Soto, Rubin, Vickers, Napolitano. 5-0 in favor.
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11. The minutes of the August 12, 2020 Executive Session were reviewed.
Rubin: Motion to approve the minutes of the August 12, 2020 Executive Session with Guarino
and Daniel’s edits.
Seconded by: Vickers.
Roll Call: Nina-Soto, Rubin, Vickers, Napolitano. 4-0 in favor.
12. The minutes of the September 9, 2020 Executive Session were reviewed.
Rubin: Motion to approve the minutes of the September 9, 2020 Executive Session as submitted.
Seconded by: Guarino.
Roll Call: Guarino, Nina-Soto, Rubin, Vickers, Napolitano. 5-0 in favor.
13. The minutes of the September 15, 2020 Executive Session were reviewed.
Rubin: Motion to approve the minutes of the September 15, 2020 Executive Session with
Zahler’s edits.
Seconded by: Guarino.
Roll Call: Guarino, Nina-Soto, Rubin, Vickers, Napolitano. 5-0 in favor.
14. The minutes of the September 17, 2020 Executive Session were reviewed.
Rubin: Motion to approve the minutes of the September 17. 2020 Executive Session with Daniel
and Nina-Soto’s edits.
Seconded by: Nina-Soto.
Roll Call: Guarino, Nina-Soto, Rubin, Vickers, Napolitano. 5-0 in favor.
15. The minutes of the September 24, 2020 Executive Session were reviewed.
Rubin: Motion to approve the minutes of the September 24, 2020 Executive Session with Chair
Napolitano, Rubin and Daniel’s edits.
Seconded by: Vickers.
Roll Call: Guarino, Nina-Soto, Rubin, Vickers, Napolitano. 5-0 in favor.
16. The minutes of the October 7, 2020 Executive Session were reviewed.
Rubin: Motion to approve the minutes of the October 7, 2020 Executive Session with Chair
Napolitano, Nina-Soto, Daniel, Zahler, and Guarino’s edits.
Seconded by: Guarino.
Roll Call: Guarino, Nina-Soto, Rubin, Vickers, Napolitano. 5-0 in favor.
17. The minutes of the October 26, 2020 Executive Session were reviewed.
Rubin: Motion to approve the minutes of the October 26, 2020 Executive Session with Chair
Napolitano, Guarino, Daniel and Rubin’s edits.
Seconded by: Nina-Soto.
Roll Call: Guarino, Nina-Soto, Rubin, Vickers, Napolitano. 5-0 in favor.
18. The minutes of the November 10, 2020 Executive Session were reviewed.
Rubin: Motion to approve the minutes of the November 10, 2020 with Guarino, Rubin and
Daniel’s edits.
Seconded by: Nina-Soto.
Roll Call: Nina-Soto, Rubin, Vickers, Napolitano. 4-0 in favor.
Mr. Guarino asked whether the SRA should keep copies of the Executive Session recordings. Mr. Daniel
replied that, while the City does not have all of the recordings, he is discussing this with the City
Solicitor. He notes that typically once minutes are approved the recordings are deleted.
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Mr. Rubin suggested the Board discuss JHR’s request for reconsideration. Mr. Daniel replied that they
are not able to discuss it during this executive session since the topic was not properly noticed on the
agenda. If there is a threat of litigation the Board could meet in Executive Session to discuss it . Since the
Executive Session wasn’t noticed in that manner or disclosed during the public session, it shouldn’t be
discussed. Since the Board took a vote not to reconsider a response letter will be sent.
Mr. Daniel noted that the Board needs to vote to release the minutes. Mr. Zahler asked why the SRA
would release or not release the Executive Session minutes. Mr. Daniel replied that Executive Sessions
are called for a specific purpose and once the purpose of that Executive Session has been accomplished it
no longer needs to be confidential. This Executive Session was called to discuss the selection of a
development team and that has occurred. Chair Napolitano added that if the board voted to reconsider
their preferred developer selection, the minutes wouldn’t need to be released.
Rubin: Motion to release the Executive Session minutes given that the purpose of the Executive Sessions
has been accomplished.
Seconded by: Guarino.
Roll Call: Rubin, Guarino, Vickers, Nina-Soto, Napolitano. 5-0 in favor.
Chair Napolitano asked for the statute of limitation that a development team could pursue litigation. Mr.
Zahler replied that in some instances the limit can be up to five years. Mr. Daniel thanked the Board for
their efforts throughout the entire RFP process.
Adjournment
Rubin: Motion to come out of Executive Session.
Seconded by: Guarino.
Roll Call: Rubin, Guarino, Vickers, Nina-Soto, Napolitano. 5-0 in favor.
Executive Session ended at 9:15PM
Know your rights under the Open Meeting Law M.G.L. c. 30A §18-25 and City
Ordinance Sections 2-028 through 2-2033.