HomeMy WebLinkAbout1997-12-09 Board of Selectmen Executive Session Minutes Board of Selectmen Meeting
Executive Session
December 9, 1997
The Executive Session convened at 7:08 p.m. at the Senior Center, 49 Pleasant Street, Reading,
Massachusetts. Present were Chairman Camille Anthony, Selectmen Dan Ensminger and
George Hines, Town Manager Peter Hechenbleikner, Town Counsel H Theodore Cohen.
Liti!ation
Cohen asked the Board of Selectmen if they wanted to appeal the P & S Convenient Store
decision. If so, it has to be done before January 11, 1998. He reviewed the Suffolk County case
which has been appealed. Cohen noted that the Town should be interested in getting the cases
consolidated before the Appeals Court, or at least heard by the same court. Asked about chances
of success, he said that he doesn't know since they are two diametrically opposed opinions.
Ensminger asked how many hours of work this would take, and it was estimated at 50-100
hours, less if the Attorney General heads the appeal.
On motion by Ensminger seconded by Hines, the Board voted to direct Town Counsel to appeal
the P & S Convenient Store versus the Massachusetts Lottery Commission case. The motion
was approved on a roll call vote with all three members voting in the affirmative.
Cohen noted that the Town could seek a stay, getting it would be difficult. Without the stay, the
property owner does any work at his own risk.
On motion by Hines seconded by Ensminger, the Board voted to request the Attorney General to
work with the Town in appealing this case. The motion was approved on a roll call vote with all
three members voting in the affirmative.
Cohen will ask Counsel for Gary Buonarosa from P & S Convenient Store to agree to a stay
without the formality.
Cohen brought the Board of Selectmen up to date on his discussion with Focaccia's Attorney.
Focaccia's Attorney has agreed to dismiss the case.
On motion by Ensminger seconded by Hines, the Board voted to authorize Town Counsel to
enter into an agreement to dismiss the case. On a roll call vote, the motion was carried with all
three members voting in the affirmative.
Town Counsel reviewed the Conservation and CPDC cases on Corey Lane. The agreement has
been reached by all parties on resolution of the issues that were outstanding. The Conservation
Commission and the CPDC have approved the settlement.
On motion by Hines seconded by Ensminger, the Board voted to direct Town Counsel to enter
into an agreement for judgement with Perrini on stipulation of dismal. On a roll call vote, all
three members present voted in the affirmative and the motion was carried.
Board of Selectmen Meeting—December 9 1997—Executive Session—page 2
Mr. Goddard was suppose to get information to Town Counsel today regarding the settlement of
that issue and it has not yet been received.
On motion by Ensminger seconded by Hines, the Board voted to adjourn at 7:35 p.m. on a roll
call vote with all three members voting in the affirmative.
Respectfully submitted,
secretary