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HomeMy WebLinkAbout2003-10-14 Board of Selectmen Executive Session Minutes Board of Selectmen Meeting Executive Session October 14,2003 The Executive Session convened at 7:02 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman George Hines, Vice Chairman Richard Schubert, Secretary Gail Wood, Selectman Camille Anthony, Town Counsel Joan Langsam and John Gannon, Town Manager Peter Hechenbleikner and Paula Schena. Litigation 128 Sales - Town Counsel Joan Langsam noted that Goodwin and Proctor are representing Walkers Brook Crossing and they did the motion to dismiss. She is filing the answers tomorrow. The Town Manager noted that Dickinson has offered them access to the traffic signal, a pedestrian connection, and to move the gas flare station. Joan Langsam indicated that they are looking for damages but she's not sure what.they want. She noted that 128 Sales is not taking the advice of their own counsel. The Town Manager noted that the initial complaint was that customers won't be able to get in and out but actually it will be easier because there will be a signal. Chairman George Hines directed Town Counsel to contact their attorney and see if the owner of 128 Sales will sit down and talk with the Chairman and Vice Chairman of the Board of Selectmen. Class Action Lawsuit re: MTBE - The Town Manager noted that the Town has been invited to join a class action lawsuit because at one point we had MTBE in our wells. John Gannon noted that MTBE is put in fuel to replace lead. It is a hazard if extreme levels get into the water supply. Major oil refiners knew there was an impact if it was in the water supply. The class action suit is on a contingency fee and Brackett & Lucas would not be involved. The organization filing the lawsuit will pay to test the Town's water supply. New Hampshire recently filed on their own. John Gannon noted the only downside to joining the lawsuit could be concern of the residents. Selectman Gail Wood noted that if the Town joins the lawsuit and settles, we could use the money to do mitigation. A motion by Anthony seconded by Schubert to endorse joining the class action lawsuit regarding MTBE was approved on a roll call vote with four members voting in the affirmative. The Town Manager indicated that he would issue a Press Release indicating that there was presence in 2001 but not now. Board of Selectmen Meeting—Executive Session- October 14, 2003 —Page2 A motion by Wood seconded by Anthony to adjourn the Executive Session of October 14, 2003 at 7:45 p.m. was approved on a roll call vote with all four members voting in the affirmative. Respectfully submitted, Secretary