The Marblehead Housing Authority has acknowledged that it cited the wrong legal justification for meeting in executive (private) session May 18 to discuss a land use agreement with WinnDevelopment, which is planning a $67 million redevelopment of the Broughton Road public housing area.
Winn’s proposal includes construction of a four-story, 60-unit building for seniors near Humphrey Street, along with rehabilitation and replacement of existing family townhouses.
Salem resident Judith Reilly filed an Open Meeting Law complaint on June 16, alleging that the MHA posted an invalid reason for entering executive session at its May 18 meeting.
MHA cited the exemption that allows a public body to conduct bargaining sessions or contract negotiations with nonunion personnel.
In a response dated July 6, a MHA attorney agreed that the board relied on the wrong exemption. Instead, the attorney wrote, the authority should have cited the Open Meeting Law provision allowing a public body to meet in executive session “to consider the purchase, exchange, lease or value of real property,” provided the chair declares that an open meeting could have a detrimental effect on the public body’s negotiating position.
To resolve the matter, MHA said it will hold a new executive session that complies with the law. According to the attorney’s response, the board will issue a new 48-hour meeting notice identifying “purpose 6” as the basis for the executive session, specifying the property to be discussed and stating that discussing the matter in open session could harm the authority’s negotiating position.
The authority also said it will review Open Meeting Law requirements with legal counsel to help ensure future compliance.
Housing Authority Executive Director Cathy Sheehan did not respond to a question from the Current about whether there are new terms for the Broughton Road deal.
“The purpose of the meeting was to discuss a land use agreement as it was stated in the original meeting notice,” she wrote in an email. “We will hold another meeting in executive session soon. The date has yet to be determined.”
