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HomeMy WebLinkAbout2008-09-09 Board of Selectmen Minutes - Executive Session Board of Selectmen Meeting Executive Session September 9, 2008 The Executive Session convened at 7:24 p.m. in the Conference Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Stephen Goldy, Vice Chairman Ben Tafoya, Selectmen Camille Anthony and Richard Schubert, Town Manager Peter Hechenbleikner, Assistant Town Manager/Finance Director Bob LeLacheur, Police Chief James Cormier, Labor Counsel Nathan Kaitz and Office Manager Paula Schena. Litigation The Town Manager noted it will cost approximately $25,000 to appeal the civil service decision on the Edson case. He noted it was a horrendous, obnoxious decision that trashed the whole hiring and promotion process. Nathan Kaitz indicated he will file the complaint in Superior Court and file a motion to stay by September 22, 2008. He noted that we had two qualified candidates for the position and the Civil Service decision is flawed. He noted that the only thing that Civil Service said qualified him more was because he scored two points higher on the exam. Richard Schubert asked if this decision jeopardizes our process and Nathan Kaitz indicated we are looking at modifying the process,but we will not video tape interviews. Chief Cormier noted that if Civil Service makes the decision as to who gets the position, then it could be costly to the Town if it's a bad decision. A motion by Tafoya seconded by Schubert to authorize Nathan Kaitz to proceed with the appeal of the Edson Bypass case September 22, 2008 was approved on a roll call vote with all four members voting in the affirmative. AGFA Litigation The Town Manager noted that the revay well was contaminated by AGFA. The Town has spent $130,000 so far. Staff met with AGFA and they agree to settle if we give up the well forever and they will pay$130,000. Gary Bracket noted that maintenance of that well is a sensitive issue. He doesn't know DEP will feel about decommissioning a well to relief AGFA of cleaning up. Ted McIntire noted that well capacity is just under 1 million gallons per day. AGFA would save a lot of money if they don't clean it up. He also noted that the Town is under an Administrative Consent order to maintain the nine wells for emergency water supply. Richard Schubert noted that this well is a potential source of water in the future and we need to protect it as a resource. The Town Manager noted that AGFA is not going to clean up the well, they will monitor. There is no feasible way to go any further. He also noted that the value of 1 million gallons is $5 million. Gary Brackett noted that Judith Pickett has extensive experience working with the DEP on water contamination. She will contact DEP to see what they will require AGFA to do with regards to the contamination and report back to the Board of Selectmen. A motion by Anthony seconded by Schubert to adjourn the Executive Session at 8.25 p.m. was approved on a roll call vote with all four members voting in the affirmative. Respectfully submitted, X Secretary i