1996-04-09 Board of Selectmen Executive Session Minutes

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i f i Board of Selectmen Meeting Executive Session April 9, 1996 The Executive Session was convened at 11:25 p.m. in the Conference Room at Town Hall, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Sally Hoyt, Vice Chairman George Hines, Secretary Camille Anthony, Selectmen Dan Ensminger and Bruce MacDonald, Town Counsel H Theodore Cohen, Town Manager Peter Hechenbleikner. Town Counsel reviewed the Foccacia status. He has filed a motion to file the rest of the material requested by Foccacia's attorney a week late. He discussed with the Board of Selectmen their availability the week of the 15th to sign the various documents. He finally talked with the attorney for Foccacia. The indication is that they will pursue the case unless the Board of Selectmen wants to consider other options. Cohen indicated that he understood that was not the case -the Board did not want to consider other options at this time, and the Board agreed. With regard to the possible appeal of the judges ruling, Cohen noted that the injunction is outstanding. His very strongly held opinion is that the Board of Selectmen should not appeal a decision. He has talked with a number of trial attorneys and there is agreement that there is almost no chance of winning an appeal. Judge McHugh has a good reputation, and his decision is a reasonable and fair resolution for right now. If the Town appealed and lost, it would give Foccacia a victory, with perhaps some additional inaccurate press. If the Town argues the fairness issue, then the appeals court may issue an injunction on enforcing the other Common Victuallers Licenses. Cohen will move rapidly to file a motion for summary judgment and his expectation is that the Town will win it. We should have a decision on that motion by November so that if necessary, a Bylaw could be written for the Fall Town Meeting in the event that the Town was not successful in its motion for summary judgment. He also felt that it was important to show a united front between the Board of Selectmen and the Town Manager. On motion by Hines seconded by Anthony, a motion to direct Counsel to appeal the decision relative to Foccacia's unrestricted license. The vote on a roll call vote was Hines in favor, and all others present being opposed and the motion failed. Town Counsel left, and the Town Manager presented the proposal for settlement of a workers' compensation case with Edward Foley from the Reading Municipal Light Department. The Town Manager reviewed the substance of the case, and noted that the amount of the settlement was $49,500. MacDonald made a motion seconded by Anthony to approve the settlement of the workers' compensation case as recommended for Edward Foley in the amount of$49,500 plus a payment of$17,000 to the Reading Retirement System to offset future costs to the Retirement System. Hines moved, seconded by Anthony to modify the settlement to $32,000 plus the $17,000 payment to the Reading Retirement System. On a roll call vote, Hines voted in favor and all other members voted against and the amendment failed. On the main motion, on a roll call vote, Anthony, MacDonald, Ensminger and Hoyt voted in favor, Hines voted against and the motion was carried. On motion by MacDonald seconded by Ensminger, the Board voted to