HomeMy WebLinkAbout1996-04-09 Board of Selectmen Executive Session Minutes i
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Board of Selectmen Meeting
Executive Session
April 9, 1996
The Executive Session was convened at 11:25 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 Dan Ensminger and Bruce MacDonald,
Town Counsel H Theodore Cohen, Town Manager Peter Hechenbleikner.
Town Counsel reviewed the Foccacia status. He has filed a motion to file the rest of the material
requested by Foccacia's attorney a week late. He discussed with the Board of Selectmen their
availability the week of the 15th to sign the various documents. He finally talked with the
attorney for Foccacia. The indication is that they will pursue the case unless the Board of
Selectmen wants to consider other options. Cohen indicated that he understood that was not the
case -the Board did not want to consider other options at this time, and the Board agreed.
With regard to the possible appeal of the judges ruling, Cohen noted that the injunction is
outstanding. His very strongly held opinion is that the Board of Selectmen should not appeal a
decision. He has talked with a number of trial attorneys and there is agreement that there is
almost no chance of winning an appeal. Judge McHugh has a good reputation, and his decision is
a reasonable and fair resolution for right now. If the Town appealed and lost, it would give
Foccacia a victory, with perhaps some additional inaccurate press. If the Town argues the
fairness issue, then the appeals court may issue an injunction on enforcing the other Common
Victuallers Licenses. Cohen will move rapidly to file a motion for summary judgment and his
expectation is that the Town will win it. We should have a decision on that motion by November
so that if necessary, a Bylaw could be written for the Fall Town Meeting in the event that the
Town was not successful in its motion for summary judgment. He also felt that it was important
to show a united front between the Board of Selectmen and the Town Manager. On motion by
Hines seconded by Anthony, a motion to direct Counsel to appeal the decision relative to
Foccacia's unrestricted license. The vote on a roll call vote was Hines in favor, and all others
present being opposed and the motion failed.
Town Counsel left, and the Town Manager presented the proposal for settlement of a workers'
compensation case with Edward Foley from the Reading Municipal Light Department. The Town
Manager reviewed the substance of the case, and noted that the amount of the settlement was
$49,500. MacDonald made a motion seconded by Anthony to approve the settlement of the
workers' compensation case as recommended for Edward Foley in the amount of$49,500 plus a
payment of$17,000 to the Reading Retirement System to offset future costs to the Retirement
System. Hines moved, seconded by Anthony to modify the settlement to $32,000 plus the
$17,000 payment to the Reading Retirement System. On a roll call vote, Hines voted in favor and
all other members voted against and the amendment failed. On the main motion, on a roll call
vote, Anthony, MacDonald, Ensminger and Hoyt voted in favor, Hines voted against and the
motion was carried. On motion by MacDonald seconded by Ensminger, the Board voted to
Board of Selectmen Meeting, Executive Session- April 9, 1996 - page 2
adjourn the Executive Session at 12:05 p.m. On a roll call vote, all five members voted in the
affirmative and the motion was carried.
Respectfully submitted,
Secretary