HomeMy WebLinkAbout2000-05-30 Board of Selectmen Executive Session Minutes Board of Selectmen Meeting
Executive Session
May 30, 2000
The meeting convened at 8:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street,
Reading, Massachusetts. Present were Chairman Sally Hoyt, Vice Chairman Matthew Nestor,
Secretary George Hines, Selectmen Camille Anthony and Matthew Cummings, Town Manager
Peter Hechenbleikner.
Litigation—23 George Street
The Town Manager reviewed the memo written by him to the Board of Selectmen on May 26,
2000 which was a result of a conversation between the Town Manager, Vice Chairman Matthew
Nestor and John Lamond from Latham, Latham and Lamond.
Vice Chairman Matthew Nestor noted that the total cost of taking the entire matter through
litigation would be in the area of$12,000, plus the cost of determining whether or not the Board
of Selectmen had standing.
Selectman Matthew Cummings was concerned that there might be a conflict between negotiating
with Latham on the one hand regarding Dickinson, and being represented by Lamond on the
other hand on this matter. Vice Chairman Matthew Nestor noted that he felt that one could
develop a separation by having different attorneys.
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Selectman Camille Anthony noted that she, Vice Chairman Matthew Nestor and the Town
Manager met with Town Counsel Ted Cohen today about the extension of the contract for Town
Counsel services. She had asked Counsel how this process would proceed. Ted Cohen noted
that he would file an appearance for the Board of Appeals. He felt the case was not significantly
different with or without the Board of Selectmen except for the issue of whether or not the Board
of Selectmen has standing. Normally, his role as Town Counsel would be to let the developer
and the neighbors carry the burden of the litigation. He noted that the hearing would be de novo,
but that the judge will not find on the facts of the case, but whether the Board of Appeals had
reasonably acted in their decision. This is a lower threshold than starting the case over from
scratch. This is a difficult hurdle to get over.
Vice Chairman Matthew Nestor noted that he was bothered by financial concerns raised by the
neighbors now since they initially said that finances for an appeal would not be an issue.
Selectman Camille Anthony asked if we could find another lawyer— she is concerned about the
actual appearance of conflict with using Latham, Latham and Lamond.
Selectman Matthew Cummings felt that the Board of Appeals misunderstood their
responsibilities. Vice Chairman Matthew Nestor agreed and noted that he thinks they still do
relative to one of the ZBA members comments on the Grove Street property.
.............
Vice Chairman Matthew Nestor asked the Town Manager to explain executive order to a team,
and he explained it briefly—that's part of the subject of the housing forum on June 6, 2000.
Board of Selectmen Meeting—Executive Session—MU 30, 2000—Page 2
Selectman Matthew Cummings stated that if we believe in the appeal, then we ought to stand up
and do it right including having our own Counsel. Selectman Camille Anthony felt that this
should be a unanimous decision of the Board.
Chairman Sally Hoyt read a statement indicating that she thought the case would be well
represented by Latham, Latham and Lamond for the neighbors, and the Town should not enter
the case.
Selectman Matthew Cummings asked if the Board of Appeals could reconsider their decision,
and it was noted that they could not. It was acknowledged that getting past the issue of whether
or not the Board of Selectmen had standing is a major hurdle.
Selectman Camille Anthony noted that Town Counsel informed her that the Town of Reading
should not be subject to a claim for legal services unless there was proof that the Board of
Selectmen acted in an arbitrary or capricious manner.
On motion by Hines seconded by Cummings, the Board voted to engage counsel. On a roll call
vote, Nestor, Anthony, Hines and Cummings voted in the affirmative, Hoyt voted in the negative
and the motion was carried. The Board authorized the Town Manager to get recommendations
from Town Counsel and go forward and hire someone who could file a complaint in time. If our
Counsel can't file it in time, then we would agree to have Lamond file on our behalf and then
have our counsel take over.
On motion by Hines seconded by Cummings, the Board of Selectmen voted to adjourn their
Executive Session Meeting of May 30, 2000 to go into Open Session at 9:00 p.m. On a roll call
vote, with all five members voting in the affirmative.
Respectfully submitted,61
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Secreta .