HomeMy WebLinkAbout1996-03-26 Board of Selectmen Executive Session Minutes Board of Selectmen Meeting
March 26, 1996
Executive Session
The Executive Session convened at 7:18 p.m. in the Conference Room at Town Hall, 16
Lowell Street, Reading, Massachusetts. Present were Chairman Sally Hoyt, Vice Chairman
George Hines, Secretary Camille Anthony, Selectmen Bruce MacDonald and Dan Ensminger,
Town Counsel H. Theodore Cohen, and Town Manager Peter Hechenbleikner.
The purpose of the Executive Session was to discuss litigation - and specifically the Focaccia
litigation. It was suggested that perhaps the Board of Selectmen should appeal the judges
order. Ted Cohen noted that this is an interlocutory decree, and it is very hard to get an
appeal. Basically, the Town won the case. The judge noted that Focaccia's case had no basis
except for the issue of the temporary license. Cohen would be surprised if an appeals court
would overturn Judge McHugh. Cohen has been trying to reach Focaccia's attorney and has
had no luck but will question him as to what the intent is. The Board of Selectmen have until
approximately April 15, 1996 to file an appeal if it wants to and, therefore, this will be
scheduled for Executive Session on April 9, 1996.
Dan Ensminger expressed concern about the procedures. He noted that the Personnel Policy
indicated that the Town Manager should have taken this issue back to the Board of Selectmen
rather than issuing the "temporary" license. He noted that the Town Manager was trying to
accommodate the business in town. Cohen noted that the standard of whether to institute an
injunction is likelihood of the success of the case, and whether or not there is irreparable harm.
In this case, he felt that the judge had determined that there is no harm in allowing Focaccia to
keep the ability to "brown bag" for another seven months. George Hines noted that he felt that
there is irreparable harm because other restaurants in Town are upset relative to the equity
issue. Cohen agreed that there was a fairness issue and if this was taken back to the court,
the court may in fact order that the licenses for all restaurants be changed until the end of the
year. Sally Hoyt questioned the need for a Bylaw to deal with this. Cohen noted that there
was absolutely no need for a Bylaw. The Charter gives the Board of Selectmen full authority in
a case like this.
Cohen noted that he might move for summary judgment in any case so that the full issues
surrounding the case will be resolved as quickly as possible. The Board asked that he
proceed with this.
This issue will be on the Agenda for April 9, 1996, by which time Town Counsel will have had
a chance to find out what Focaccia's intentions are. The Board at that time will still have the
ability to appeal the decision if it wants to.
On motion by Hines seconded by Anthony the Board voted to adjourn the Executive Session
at 7:50 p.m. on a roll call vote, with all five members voting in the affirmative.
Respectfully submitted, .
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