HomeMy WebLinkAbout1997-05-06 Board of Selectmen Executive Session Minutes 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.
Board of Selectmen Meeting-Executive Session-Maw 1997 - page 2
Video Expo is also charging the Town of Reading is violating its civil rights. If they are
successful in pressing this claim, they could get attorney's fees. No one is individually named in
the claim and, therefore, there is no possibility of the Board of Selectmen being sued as a Board
or as individuals. The potential liability is the Town of Reading could pay the opponents lawyer's
fees if the case is dragged out and the Town of Reading loses the civil rights case.
Cohen felt there is a slim chance that the Town of Reading will get an injunction. It is possible
that Video Expo could get an injunction unless the judge rules that the By-Law is
unconstitutional. The judge was impressed by Reading's 20% rule.
On motion by MacDonald seconded by Anthony, the Board voted to go back into Open Session
at 8:55 p.m. on a roll call vote, with all four members voting in the affirmative.
Respectfully submitted,
ecretary