1997-05-06 Board of Selectmen Executive Session Minutes

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Board of Selectmen Meeting Executive Session May 6, 1997 The Executive Session began at 7:50 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman George Hines, Vice Chairman Camille Anthony, Secretary Bruce MacDonald, Selectman Dan Ensminger, Town Manager Peter Hechenbleikner, Town Counsel H Theodore Cohen, Police Chief Edward Marchand. Review Warrant- Special Town Meeting The Board discussed the strategy with respect to Article 4. It was noted that if Article 4 loses, then the rest of the Special Town Meeting would be dispensed with and Town Meeting would go to Article 14. The Board wondered what would happen if Article 14 loses. The Board clarified that the amount in the motion on Article 4 is subject to amendment by Town Meeting. Following discussion, on motion by Anthony seconded by Ensminger, the Board voted to include in the motion for Article 4 the amount of$225,000 in cash or equivalent land swap. On a roll call vote all four members voted in the affirmative and the motion was carried. Ensminger moved and Anthony seconded a motion that the final offer to the Eastern Middlesex Association of Realtors in the amount of$225,000 be delivered in hand by 10:00 a.m. tomorrow to the President and the Executive Director. On a roll call vote,the motion was approved with all four members voting in the affirmative. George Hines expressed concern in upping the offered price to $225,000 that we were "negotiating against ourselves." The Board members discussed Article 8, and it was agreed that the motion would include 80% of appraised value. Litigation Town Counsel reviewed the status of the Video Expo litigation. A hearing was held on the Town's motion to enjoin Video Expo from continuing to operate in violation of the Zoning By-Law. Video Expo is asking for an injunction to keep the Town of Reading from enforcing the Zoning By-Law. Judge McHue is hearing the case. Two or three weeks ago, he enjoined Medford from enforcing their By-Law. Only one tenth of one percent of Medford is zoned to allow the Adult Uses compared to Reading's sixth tenth of one percent. Cohen noted that the hearing went very well. The judge appreciated what the Town of Reading had done with respect to studies, etc. Video Expo has hired the largest first amendment law firm in Boston, but they are in a position of filing papers for the Buffalo firm that is handling the case. They are challenging the constitutionality of the State law and the By-Law. The hearing was continued until next Wednesday (the 14th). Cohen has been trying to get the Attorney General to agree to intervene on the Town's behalf.