HomeMy WebLinkAbout2001-10-09 Board of Selectmen Minutes Board of Selectmen Meeting
October 9, 2001
The meeting convened at 7:35 p.m. in the Selectmen's Meeting Room, 16 Lowell Street,
Reading, Massachusetts. Present were Chairman George Hines, Vice Chairman Camille
Anthony, Secretary Matthew Cummings, Selectmen Richard Schubert and Gail Wood, Town
Manager Peter Hechenbleikner, Town Counsel Joan Langsam, Finance Director Beth Klepeis,
Personnel Administrator Carol Roberts, Paula Schena and the following list of interested parties:
Marion and Chester Tyminski, Viola LeBlanc, Gerry MacDonald, Benjamin Nichols, Linda
Phillips, Kendra Cooper, Nancy Eaton, Counsel Ellen Grossman, Will Finch, Kim
Honetschlager, Leo Kenney, Doug Greene, James Cappola, Jr., Dick Howard.
Reports and Comments
Selectmen's Liaison Reports and Comments — Selectman Matthew Cummings thanked the Town
Manager for the response to the Victoria Avenue issue.
Selectman Gail Wood thanked everyone who has donated to the Veteran's Flowers Fund.
Selectman Richard Schubert requested that the status of the Community Preservation Act Study
Committee be put on the next Selectmen's Agenda.
Vice Chairman Camille Anthony noted that she attended the Open House at the Fire Department
on Saturday. She also noted that there is a blood drive this Saturday at the Masonic Hall.
Chairman George Hines noted that the Finance Appointment Committee met last week and filled
Carol Grimms' vacancy. They were extremely pleased with the exceptional candidates for the
position.
Public Comment—There was no public comment.
Town Manager's Report
The Town Manager gave the following report:
♦ MHD is conducting a study and review of the I-95/I-93 intersection and the first meeting will
be in Woburn in October, 7:00 p.m. at the High School.
♦ Members of the Reading Fire Department have gone to New York to attend funerals for the
fallen Fire Fighters of the September 11, 2001 terrorist attacks. We have heard a number of
reports praising the professionalism of the members of this Department who attended the
services. Captain Paul Guarino wrote a very moving account of one of the trips to New York
in this week's Reading Advocate.
1 The Reading Police Department is also being requested to provide assistance in New York,
and will be going down within the next couple of weeks.
♦ The leaf collection schedule for this Fall are the weeks of November 12th (starting on
November 13th because the 12th is a holiday) and November 26th -- this is reduced for
budget reasons from the three that we usually do. The schedule gives residents the two
� holiday weekends to rake leaves.
Board of Selectmen Meeting—October 9, 2001 —Page 2
♦ Property tax revaluation notices have gone out, and hearings are being held the next couple
of weeks by the Finance Department staff.
♦ We have received the Chapter 40 B (Affordable Housing) inventory for Reading. 4.59% of
the homes in Reading are classified as affordable because they have some sort of restriction
of subsidy. We were able to get 20 more units counted than the State initially gave us credit
for. The statewide goal is 10%.
♦ The annual training session for Boards/Committees/Commissions for November 6th -- note
that all staff is invited to attend also.
♦ AT&T are changing their billing cycle for Cable and Broadband service so bills sent out this
month may have a short cycle for returning them.
♦ The Aberjona River Stream walk is scheduled for Saturday, October 20th and Sunday,
November 4th. If residents want to participate, please contact Janet Kovner at Mystic River
Watershed Association—781-316-3438.
♦ A member of the Board of Selectmen has asked for a report on a possible Zoning violation
on Middle Street. A notice of violation has gone out and will be followed up as
circumstances require.
♦ A member of the Board of Selectmen has asked for a review of a drainage issue on Victoria
Avenue in the area of Summer Avenue. I have copied you on an e-mail I sent today on the
matter.
♦ A member of the Board of Selectmen has requested an update on an issue related to the
development at 15/17 Pierce Street. The CPDC is having a hearing on October 15th, and the
Board of Selectmen has a memo from the Town Planner in their packets.
♦ The Selectmen's Forum is scheduled for October 23, 2001.
Proclamations/Certificates of Appreciation
Proclamation — National Catholic Daughters Day — Marion Tyminski was present to accept the
Proclamation.
On motion by Cummings seconded by Schubert, the Board of Selectmen voted to approve a
Proclamation proclaiming October 12, 2001 as National Catholic Daughters Day — Make a
Difference Day in Reading. The motion was approved by a vote of 4-0-0.
Personnel & Appointments
Conservation Commission—The applicant was not present.
Water and Sewer Advisory Committee—The applicant was not present.
Approval of Minutes
A motion by Cummings seconded Wood to approve the minutes of their meeting of September
18, 2001 was approved by a vote of 5-0-0.
A motion by Cummings seconded by Wood to approve the minutes of their meeting of
September 19, 2001 was approved by a vote of 4-0-1, with Cummings abstaining.
A motion by Cummings seconded by Wood to approve the minutes of their meeting of
September 25, 2001 was approved by a vote of 5-0-0.
Board of Selectmen Meeting—October 9 2001 —Page 3
Discussion/Action Items
Hearing ---Des4,mation of School Zone — Willow Street - The Town Manager noted that Austin
Prep requested the designation of the school zone. The P.T.T.T.F. has reviewed and approved.
The Town will not be putting up lights because it will cost thousands of dollars.
Chairman George Hines asked if the sign would state certain hours if there are no flashing lights.
A motion by Cummings seconded by Wood to amend the Traffic Rules and Regulations adopted
by the Board of Selectmen on March 28, 1995 by amending Appendix 14 the following: School
Zone(s) 20 m.p.h. 300 feet in advance of a point on Willow Street where the projected line of the
Austin Preparatory School intersects the abutting roadway and if it is nonsignalized that the
appropriate hours be shown on the sign was approved by a vote of 5-0-0.
Transfer of Land to Conservation and DPW — Line Road Area- The Town Manager noted that
the transfer of this land confirms the recommendations of the Open Space and Recreation Plan.
Land Bank Chairman Ben Nichols noted that Henry Murphy bought that land for firewood but
the land was wet and the only use for it is wetland and open space.
A motion by Wood seconded by Anthony to transfer the following Tax Title lands to the
Conservation Commission and Department of Public Works for purposes of open space
preservation and drainage: Plat 79, Lots 114 to 120; 133 to 143; 147 to 165 was approved by a
vote of 5-0-0.
- Sale of Tax Title Property — Finance Director Beth Klepeis noted that the taxpayer stopped
paying taxes in 1994. Numerous letters were sent and there was no response. She tried to work
with the people but still couldn't get a response. It went to Land Court and nobody appeared so
the Town foreclosed in 1996. The people have lived there rent free since 1994 and they have not
paid any taxes, water or sewer bills. She also noted that $70,500 is owed to the Town at the
present and the house is evaluated at$258,000.
James Coppola, Jr., the Town's Attorney for tax issues, was present. He indicated that the Town
could appoint a tax title custodian and hold a public auction -- sell to the highest bidder with the
tenants still in the property. The Town could also dispose by the procurement act by soliciting
proposals, or the Town could convey to the Housing Authority to use for low income housing.
Selectman Gail Wood asked if the Town could convey the property to the Housing Authority for
$1.00. Mr. Coppola noted that the Town could convey for $1.00 but the Town should at least
recover the taxes.
Vice Chairman Camille Anthony asked how long it would take to evict if the Town did that. Mr.
Coppola noted that it is a long drawn out process -- it could take six to nine months.
- Selectman Richard Schubert asked if the process was the same as landlord/tenant. Mr. Coppola
noted that the Town would have to take legal steps to remove --they are trespassing.
Board of Selectmen Meetinsz—October 9, 2001 —Page 4
Chairman George Hines asked if selling the house with the people in it would affect the price.
Mr. Coppola noted that it would but he didn't know how much.
The Reading Housing Authority will be invited in to discuss the issue. The Selectmen will need
to decide in the near future if the Town wants to evict and sell the house vacant, sell as is or sell
to the Housing Authority.
The Board directed the Town Manager to go to the house with a Police Officer and talk with the
people and let them know what is going on.
Review Pay and Classification Process, Review of Personnel Policies — The Town Manager
noted that this process is normally done every two years but because of lack of funds, it has been
three years since the last review. He noted that the goal is to identify discrepancies. The last
time the pay and class was reviewed, 40% of the positions changed.
Personnel Administrator Carol Roberts was present and reviewed the process for the Board. She
noted that the last increase was phased in over two years.
Vice Chairman Camille Anthony asked how many non-union employees are Reading residents.
Ms. Roberts indicated that she did not know.
Ms. Roberts noted that most of the changes to the Personnel Policies are with the language.
There are no benefit changes. The Town Manager noted that the veteran's military leave section
may need to be modified and that would have to be reviewed with the State Labor Division.
Ms. Roberts noted that hearings will be scheduled for both the pay and class and the Personnel
Policies. The Board thanked Ms. Roberts for her work.
Review Budget Process — FY02 and FY03 - The Town Manager noted that the Warrant for the
Special Town Meeting on November 13th will close on October 16th. After the Special Town
Meeting adjourns, then the tax rate can be set. On October 16th, the Town Manager will review
with the Board the FY02 Budget as approved by the Selectmen in July.
The consensus of the Board was to have a meeting with the Finance Committee and School
Committee before Town Meeting.
Hearing on Removal of Conservation Commission Member—Chairman George Hines noted that
the Board is taking under consideration removal of a Conservation Commission Member, Nancy
Eaton. The reasons for removal being frequent, rude, argumentative and unprofessional behavior
towards applicants, employees, professionals and public officials and failure to correct the
uncivil behavior towards citizens, applicants, professionals and public officials in public meeting
despite repeated written and verbal warnings that this was unacceptable behavior for a public
official. He noted that this is being done in public session at Nancy Eaton's request instead of
Executive Session as the Board had planned.
Board of Selectmen Meeting—October 9 2001 —Page 5
Chairman George Hines indicated that the Board is acting under appointing authority and no
formai action has been taken yet. He noted that the original date of the meeting was for October
2, 2001 but Nancy Eaton's Attorney asked to reschedule so we did. Chairman George Hines
read the letter dated September 18, 2001 to Nancy Eaton into the record.
Chairman George Hines noted that the process for the hearing would be as follows: (1) motion
for consideration, (2) offer all documents, (3) Selectmen will be asked to state information, (4)
Ms. Eaton would be given an opportunity to speak, (5) individuals would be given up to two
minutes to speak and(6) a back and forth debate will not be permitted.
A motion by Anthony seconded by Cummings that pursuant to 8.14 of the Reading Home Rule
Charter hereby remove for cause Nancy Eaton of 13 Short Street, Reading from a position on the
Reading Conservation Commission effective immediately upon the adoption of this motion was
discussed.
Chairman George Hines noted that the following items would be entered into the record: Letter
from Bruce MacDonald to Nancy Eaton dated August 3, 1998; letter from Paula Schena to
Nancy Eaton dated September 29, 1998; Minutes from the reappointment on June 27, 2000;
letter from George Hines to Board of Selectmen dated i/i/7/01; letter from Board of Selectmen
to Nancy Eaton dated March 12, 2001; letter from George Hines to Nancy Eaton dated
September 18, 2001; letter from Dave Barrett dated September 17, 2001; letter from Will Finch
dated September 28, 2001; letter from Patricia J. Lloyd dated October 1, 2001; letter from Ellen
Grossman dated October 5, 2001; email from Patricia Lloyd dated October 8, 2001; email from
Vincent Falcione dated October 8, 2001.
Selectman Camille Anthony noted that it has been stated that Nancy Eaton's capabilities are not
in question, and the Board of Selectmen are not taking action due to criticism received by Ms.
Eaton. Selectman Anthony noted that when a person is elected or appointed, they are a
representative of the Town. The topic of appropriate behavior was discussed at Ms. Eaton's
reappointment, and also at a meeting with Bruce MacDonald and herself. They hoped her
behavior would improve, but instead is getting worse with outbursts and she should not be
allowed to continue. Selectman Anthony noted that this behavior has happened at Selectmen
meetings and Town Meeting.
Selectman Matthew Cummings read the following statement:
A little over a year ago, this Board had before it the reappointment of M. Eaton to the
Conservation Commission. During the discussion, the majority of the Board did two things --
affirmed Ms. Eaton's contribution to the community through her work as a Commission member
and commended her on her knowledge and expertise. At the same time, it struggled with how to
deal with the many complaints received about the conduct of Commission meetings and the
personal conduct of Ms. Eaton within those meetings. In my exchange with Ms. Eaton and
another member of the Commission who was present, I tried to impart an expectation of how
community members and related parties were to be treated throughout the process. In the end, I
voted to reappoint Ms. Eaton, but it was with the understanding that previously exhibited
behavior would be corrected. I made a mistake.
Board of Selectmen Meeting—October 9, 2001 —Page 6
Not only have the complaints not subsided, I personally attended two Conservation Commission
hearings regarding the Reading Business Park. I observed behavior, which was substantially the
same as what had been reported by other members of the community, both prior to and post _
reappointment process. I heard and saw applicants treated with a level of unprofessionalism and
disrespect that I have not observed during my years of community involvement. What I
observed was not a process conducted in the best interests of this community. I saw a process
crafted to meet the needs, requirements and requests of one individual. I saw a process almost
derailed in the pursuit of an answer that does not exist. The closest analogy I thought in
witnessing the hearing was equivalent to a mathematician being asked to compute to last decimal
the value of PI -- we all know it doesn't exist. The same type of request was being made of one
of the professionals there. It did not seem to matter that the information and/or answer didn't
exist.
What I also heard was a developer being asked to somehow make provision because this
community's Town Meeting had not appropriated Seven Hundred Thousand Dollars ($700,000)
for drainage work. No applicant should be held accountable for spending priorities set by the
community. What I observed not only at those hearings but also in other meetings and
exchanges was the furtherance of a single person's agenda without regard for the best interests of
the community and the unprofessional, disrespectful, belittling treatment, behavior and attitude
toward members of this community to which we are all accountable.
No member of this community or any community should be treated in such a manner. In view of
this and the disregard for the direction given specifically during the reappointment process, I
have no alternative but to vote to remove Ms. Eaton.
Selectman Richard Schubert read the following statement:
Today is a sad day for many of us. I am not the only one here who feels very unhappy about this
turn of events. Over the past three years, there have been a series of attempts to address this
frustrating issue. But, unfortunately, Nancy has repeatedly rebuffed these attempts, and in the
absence of a constructive two-way dialogue, we are left with this less than desirable action. As
the appointing authority, it would be irresponsible for us to fail to take action at this point.
No matter what the outcome, there will be no individual winners here tonight but this hearing is a
part of a process that allows our government to function at its best. And if we use this as an
opportunity to examine what works and doesn't work --to examine our part in this situation and
make improvements -- then maybe it's the residents of the Town who can be considered winners.
In many ways, Nancy Eaton is the ideal Town volunteer. She is passionate about conservation
issues, has a wealth of institutional knowledge, and is generous with her time in conducting
commission business. Nancy deserves our acknowledgement and thanks for the hard work that
she has contributed to the Town. However, in consistently failing to respond to feedback from
the Board with respect to her conduct, she has undermined her effectiveness and has damaged
the credibility of the Conservation Commission and the Selectmen.
Board of Selectmen Meeting—October 9, 2001 —Page 7
I am disappointed by her failure to respond to verbal and written attempts to address her
interpersonal behavior. As a representative of the Town, Nancy has unnecessarily alienated
residents and colleagues. She has cost the Town money through a unilateral action that changed
a Town policy decision.
In a letter dated August 3, 1998, Bruce MacDonald, as Chairman of the Board of Selectmen,
wrote to Nancy requesting a meeting to address the concerns existing at that time. In the letter,
he said to Nancy, I previously "...told you how I perceived your demeanor, your communication
style as having, despite your wishes, a negative impact..."
Now, three years after that first official request to address the issues, we find ourselves still
trying to resolve the same concerns. The passing of time has only added to the distrust,
dysfunction and inability for the Board to work constructively with the Conservation
Commission. To add further damage, she recently acted without authorization and effectively
changed a policy decision made by a board of elected officials. If the inappropriateness of that
action was not enough, her action has had a financial cost to the residents of the Town as well.
This is not about any decision that Nancy made as a Conservation Commissioner, but rather
about her behavior in that role and actions she took that were outside her role as a Commissioner.
Each member of this Board has seen the behavior in question. We have each had first hand
experience, whether from a Conservation Commission hearing, a meeting before this Board or a
Town Meeting session. I believe that the atmosphere of animosity that now exists is making it
impossible to provide our residents with the level of service they deserve.
And so, we're left with this unpleasant process. But in this process lies an opportunity -- an
opportunity to ask ourselves as a Board what can we do better in terms of communication,
expectation setting and timely problem solving. Because the citizens of the Town deserve no
less, I want to make sure that we take this opportunity to examine these issues and take action to
prevent this from happening again. For starters, I will suggest that a code of conduct discussion
be included in the agenda for the board and commission member training scheduled for
November 6th.
In the end, it is up to each of us as Selectmen to vote our conscience on this issue. We are
ultimately accountable for the actions and behavior of the individuals we appoint.
Regrettably, I feel that despite all the positive aspects about Nancy's contributions that we will
hear tonight, we still must consider the negative aspects. I ask what a reasonable person would
conclude if they knew of Nancy's failure to respond to the verbal and written attempts to address
her interpersonal behavior that have been made over the last three years. Or how a reasonable
person would respond to the inappropriate actions that Nancy took outside her role as a
Commissioner.
Chairman George Hines noted that he has observed Ms. Eaton's participation in Town
government and noted that her passion causes her to lose patience and lash out. Chairman Hines
also noted that he has received phone calls from people concerned about her behavior; been
requested to attend Conservation Commission meetings to keep her in line; she has withheld
Board of Selectmen Meeting—October 9, 2001 —Page 8
approvals; the former Conservation Administrator and Conservation Commission members have
left, in part, due to her behavior; and he has had to ask her to restrain herself at meetings.
Chairman Hines noted that while her efforts are laudable, her behavior creates disrespect and the
attempts to change her have met with some occasional success but ultimately have failed. He is
disgusted with her behavior and feels it is well within the bounds of responsibility of the Board
of Selectmen to remove her.
Selectman Gail Wood noted that she preferred to listen before offering any comments.
Ms. Nancy Eaton noted that she has been a resident of Reading since 1972. Her term on the
Conservation Commission expires June 30, 2003. She was Chairman from 1995 to 2001 and she
has not missed any meetings. She also noted that she has created Minutes, attended conferences,
taken courses, read the laws and her phone number is listed in the phone book. She noted that
she received no back up support, and it is the obligation of the Town to supply those services.
She further noted that she worked with the Board of Health and the Town Manager regarding
wildlife, reviewed Town owned land and met with applicants ahead of time when needed. She
indicated that it is her first amendment right to speak out. She noted that legal services were
requested for conservation issues and projects are still pending because they are waiting on Town
Counsel. She noted that she sometimes raises her voice because applicants refuse to comply.
Ms. Eaton noted that Selectman Richard Schubert had concerns about her costing the Town
money in the School appeal. She indicated that she cooperated fully with counsel and it was
only after Leigh Gilligan didn't speak up at the hearing that she felt the Conservation
Commission should have separate counsel due to the quality of representation. She did not
request separate counsel -- Gadsby and Hannah refused to represent her.
Ms. Eaton noted that David Barrett hasn't been before the Commission in over one year. She
also indicated that there was no mention in Patricia Lloyd's or Will Finch's letters that she was
rude or unprofessional.
Ellen Grossman, Attorney for Ms. Eaton, noted that Ms. Eaton has not done anything illegal and
she has a passion for the Commission. She also noted that reasons given under just cause are
absenteeism.
Conservation Commission Member Doug Green noted that Ms. Eaton is dedicated and does a
good job.
CPDC Member Dick Howard noted that he was amazed by Ms. Eaton's knowledge and was
impressed by her long hours and thanked her for her hard work.
Conservation Commission Chairman Will Finch noted that the multiple hearings for the landfill
was the turning point. He also noted that the landfill Engineers thanked Nancy, and that Karen
Mullins did not indicate that Nancy had anything to do with her leaving.
Land Bank Committee Member Ben Nichols noted that the trouble is not with Nancy but with
legal counsel and different boards.
Board of Selectmen Meetin-—October 9, 2001 —Paye 9
Community Preservation Act Study Committee Member Kim Honetschlager noted that she went
before the Conservation Commission as an abutter to two subdivisions. She indicated that Ms.
Eaton was patient and helpful to her, and noted that Ms. Eaton had valuable knowledge of the
Community Preservation Act.
Gerry MacDonald suggested that the Board of Selectmen sit down with Nancy and talk to her.
Consultant Leo Kenny noted that he felt the Selectmen should try to repair the problem.
Linda Phillips noted that everyone deals with conflict and frustration differently. She feels these
are not ethical violations --that the problem is with her public demeanor.
Kendra Cooper noted that usually instead of removing a committee member that they are just not
reappointed. She suggested civility training.
Selectman Gail Wood noted that Nancy is an asset to the Town and it saddens her greatly that
they were at this point. She agrees with Ms. Eaton's Attorney that something less harsh would
be better. She feels that Nancy is worn out and her temper works against her.
Selectman Richard Schubert noted that there needs to be checks and balances in place and with
appointees, the Selectmen provide the checks and balances, and feels it is critical that the
Selectmen act.
Selectman Camille Anthony noted that Town Meeting was not the defining moment, nor the
landfill or Dividence Road. There has been four years of behavior that will not change. She
indicated the reappointment was painful.
Town Counsel Joan Langsam noted that there is just cause for removal.
Selectman Matthew Cummings noted that this was not because of an isolated incident -- it has
been a pattern since 1998. He also noted that the best way to deal with frustration is to stop and
step down for the good of the community. He noted that the discussion at reappointment was
painful and he made a mistake reappointing.
The motion to remove Nancy Eaton from the Conservation Commission was approved by a vote
of 4-1-0, with Wood opposed.
A motion by Cummings seconded by Anthony to adjourn the meeting of October 9, 2001 at
11:00 p.m. was approved by a vote of 5-0-0 and the meeting was adjourned.
Respectfully psubmitted,
- Secretary
oma OF R�QOi
ti Town of Reading
George V.Nines
16 Lowell Street Selectman
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Reading,n , MA 01867-2685 FAX:(781)942 9070
d . o g c )
Website:www.ci.reading.mams
38:INC OR46¢
By Certified Mail and Regular Mail
September 18,2001
Ms.Nancy Eaton
13 Short St.
Reading, MA 01867
Re: Notice of hearing to contemplate your removal from the Conservation
Commission pursuant to Section 8-14 of the Reading Home Rule Charter
Dear Ms Eaton:
Members of the Board of Selectman, as the appointing authority for the
Conservation Commission, have previously expressed concern to you about your
unprofessional conduct in dealing with citizens, other officials, employees and
professionals appearing before the Conservation Commission. At your most recent
appointment interview these issues were raised and members of the Board asked you to
improve your conduct in these areas. Earlier this year the previous Chairman of the
Board of Selectmen also sent you a letter further expressing concern about your conduct
on the Commission. Recent observations have clearly revealed that these concerns have
not been resolved.
Section 8-14 of the Reading Home Rule Charter states that the:
"Appointing authority may remove for cause appointees to boards, commissions,
committees and offices". Pursuant to Section 8-14, the Board of Selectmen will hold a
hearing on October 2, 2001, at 7:00 p.m. in the Selectmen's Meeting Room at Town Hall
to determine if sufficient cause exists for your removal from the Conservation
Commission. The specific reasons for your removal are as follows:
a. Frequent rude, argumentative and unprofessional behavior toward applicants,
employees, professionals and public officials.
b. Failure to correct uncivil behavior toward citizens, applicants, professionals and
public officials in public meetings despite repeated written and verbal warnings
that this was unacceptable behavior for a public official.
You are invited to attend the meeting, to be heard on the above stated charges and
to be represented by your counsel. The meeting will be held in executive session
pursuant to Mass. Gen. Laws C. 39 §23B. However, you have the option to request that
the meeting be held in open session. If that is your preference, please advise us so we can
properly post the meeting. In either case you have the right to; be present, to have
counsel or other representative of your choice to advise you but not actively participate,
and to speak on your own behalf.
If you wish to discuss this matter with me you can call me at 781-942-0641 or in
the alternative, I would be available to meet to discuss this issue with you at a mutually
convenient time.
Sincerely,
George V. Hines
Chairman
cc: Members of the Board of Selectmen
Town Counsel
September 17 2001 `Er CLERK,
t`= Psn h,
G, SASS
Dear Mr. Hechenbleikner 2001 OC T '2 q
11
This letter is a formal complaint against Nancy Eaton of the Conservation
Commission. I am a businessman and property owner in the Town of Reading and have
attended several Conservation Commission meetings and am appalled at the abuse of
power by Nancy Eaton. The only time Ms. Eaton has ever conducted herself with
professionalism and treated others civilly is when the Conservation Commission
meetings were televised on the local station, and it is my understanding that the purpose
of the broadcast was to keep her behavior within limits and under control.
During 1999, I was in the process of purchasing a parcel of land on Haverhill St.
in Reading that has several acres of conservation land from Michael Larkin. Prior to my
purchase, Ms. Eaton wanted the conservation land to be deeded and turned over to "her"
Conservation Commission, but Michael Larkin preferred to keep the parcel as one large
piece. I needed to attend the meetings to receive approvals for modifications of a plan for
construction of a home with a deck and driveway. The modifications were minor in the
deck, and the shape of the driveway.
When it became my turn to request my changes, I was scrutinized and harassed by
Ms. Eaton. Please bear in mind that these were only changes to a previously approved
plan. Ms. Eaton mentioned that she wanted the conservation land deeded to the Town of
Reading several times, and was using it as leverage against me and accused me of
knowing about it. The decision to grant the land had nothing to do with me, as I was only
in the process of purchasing the land if I was able to obtain the changes in order to build a
home for my family. After several minutes of this deplorable treatment, I abruptly
interrupted the meeting, handed the plans back to Michael Larkin and told him I was no
longer interested in the property, and left the meeting. The next day a Conservation
Commission member remarked they were surprised that I left the meeting without
resolving the issues and commented that Ms. Eaton really wants the Conservation Land
deeded to the Town. Michael Larkin attended the rest of the meetings and was eventually
able to get the approvals in order to complete the sale of the property. It has been 2 years,
and I have yet to be able to receive final sign off for the Order of Conditions or the
Conservation Easement. Ms. Eaton is stalling and refusing to give me sign off on purpose
and vindictively because she wants the land that I own. I have fully complied with all
conditions, have written and rewritten the Conservation Easement, and I want the sign
offs now.
In 2001, once again, my business of real estate development has caused my
company to go before the Commission in order to receive final sign off for Lot 3 at
Timothy Place, a property that I purchased from Mr. Zanni & Mr. Rivers. The
Conservation Administrator met with my foreman, Kevin Cunniff, at the site prior to the
meeting and noted that everything seemed to be correct and could be signed off at the
next meeting. Again, there is a history prior to my involvement in the land in regards to
Ms. Eaton wanting the owners, Mr. Zanni & Mr. Rivers, to deed a portion of the
conservation land to the Town of Reading, and for whatever reason, the owners decided
not to deed the land to Ms. Eaton. At the meeting, Ms. Eaton berated my foreman
because the land was not deeded and made the threat that if the land was not deeded to
her, there was little to no chance of sign off for partial release of this property. I want the
partial release for Timothy Place immediately as I have completely complied as
specified.
It was during this same meeting that a local resident was before the Commission
for violation of a condition on his property. The resident was extremely apologetic, and
admitted that he was at fault for not being completely aware of all of the conditions
placed on his property when he purchased the property. This resident was extremely
willing to work with the Commission in trying to resolve the problem with fairness to the
Commission and himself as the property owner. Ms. Eaton completely demeaned and
belittled the property owner, and accused him of purposely going against the Commission
and the conditions of the property. Ms. Eaton had absolutely no intention of listening or
working with the property owner, but only to dominate and judge the property owner for
his mistake. She also went on to publicly speak negatively about the previous owner,
even though he was no longer involved with the property.
Town of Reading is an extremely well run town with many residents volunteering
their time to be on town boards, attend town meetings, and be Town Meeting members
because they care about Reading and do their best to administrate the Town, even when it
means making decisions that they may not personally agree with, but are within the rules
and regulations of the Town.
I am sure Ms. Eaton may have started her dedication to conserving and protecting
the wetlands of Reading with good intentions, however, her drive has become personal,
controlling, and often times, outside the bounds of her duty as a Conservation
Commission member. The people who come before the Commission are often local
residents requesting approvals in order to improve their home for their family and are
only looking to receive their rights and benefits of property owners and are not looking to
destroy wetlands. It is up to the Conservation Commission to help the property owners to
work within the limits of the wetlands rules and regulations so that the property owners
may enjoy their rights to the fullest.
Ms. Eaton takes it upon herself to control the rights of the property owners and to
control the property owner's actions on their own property. Ms. Eaton thrives on the
power of trying to control the rights of property owners and their actions on their own
property without any regards for the property owners. Ms. Eaton is no longer an asset to
this Town, but is becoming an extreme liability. I strongly believe it is time for the Town
to confront Ms. Eaton and take action against her prejudice and behavior.
Not only does Ms. Eaton yell and speak down to residents, she seems to take
pride in belittling attorneys and engineers who are professionals and are representing
clients and treats them like misbehaving children_ These trained professionals have done
their research in regards to the rules and regulations and are hired to work with the
Commission on behalf of their clients.
I have personally seen Ms. Eaton deny a Boy Scouts Troop's request to widen a
trail for a project and in doing so, speak harshly to young adults who are only trying to
learn and improve nature. I am sure you also know of several specific incidents in which
Ms. Eaton has overstepped her boundaries and has verbally abused those before the
Conservation Commission.
In conclusion, Ms. Eaton is refusing to give me sign-offs on two of my properties,
450 Haverhill St and Lot 3 Timothy Place. Ms. Eaton has personally stated that she will
not give me a sign off on Timothy Place because she was promised land from Mr. Zanni
& Mr. Rivers, and that she has to check the grades of the land. The Conservation
Commission Administrator has already inspected the property and has verbally concurred
that we should receive partial sign off. I want the partial release on this property at the
next meeting because I am closing on that property in 2 weeks. In regards to 450
Haverhill St., Ms. Eaton has purposely and needlessly caused the sign pff for that
property to be dragged out through 3 Conservation Commission Administrators and 2
years.
Ms. Eaton is not the type of person that should be representing the Town of
Reading in any aspect or position. I strongly urge the Town of Reading and its
administrators to confront the issue now and get this situation under control.
Sincerely,
David H. Barrett
Board of Selectmen Meeting-- June 27 2000— Pape 7
Selectman Matthew Cummings asked that the Town Manager ask Special Counsel's opinion on
whether reappointment will in any way be construed as positive or negative in the suit.
The Board of Appeals appointments were postponed until July 11, 2000.
Board of Appeals Chairman Cluistopher Vacarro was present. He noted that the ZBA has a
meeting on July 6`h, and he asked if these two members can vote. The Town Manager noted that
they could not.
Chris Vacarro noted that John Jarerna has not been to a meeting in over one year. He would like
to see John Coote reappointed.
Solid Waste Advisory Committee - The Board interviewed Anne Mark for a position on the
Solid Waste Advisory Committee.
On motion by Anthony seconded by Hoyt, the Board of Selectmen placed the following name
into nomination for one position on the Solid Waste Advisory Committee with a teen expiring
June 30, 2001: Anne Mark. Ms. Mark received five votes and was appointed.
Conservation Commission — Chairman Matthew Nestor noted that he is putting in a pool at his
house and will have to go before Conservation so he will not participate in the appointments for
the Conservation Commission. He excused himself from the rest of the meeting, and turned the
meeting over to Vice Chairman George Hines.
Nancy Eaton, Mark Gillis, Douglas Greene and Michael Pacillo were present to be interviewed
for positions on the Conservation Commission.
Conservation Commission Chairman Nancy Eaton reviewed the issues that the Conservation
Commission are dealing with. Vice Chairman George Hines noted that he had concerns about
how contentious issues are dealt with, and they could be handled more amicably. Nancy Eaton
noted that not all individuals cooperate.
Vice Chairman George Hines noted that Nancy Eaton has had confrontations with the Board of
Selectmen individually and at Town Meeting.
Selectman Camille Anthony noted that Nancy Eaton does a lot but she gets complaints about
how people are treated very rudely by the Conservation Commission, and applicants feel like
they got "chopped off at the knees."
Nancy Eaton noted that she has not treated applicants badly, and maybe the people who praise
her don't tell the Selectmen about it. She noted that if the Selectmen do not want her, then they
don't have to reappoint her, and the votes of the Conservation Commission are almost always
unanimous. She would also be happy to rotate the Chair but nobody wants to be Chair.
Conservation Commission Vice Chairman Mark Gillis noted that the Conservation Commission
has the charge of being the educational authority and the enforcement authority.
Board of Selectmen Meeting — June 27, 2000—Page g
Vice Chairman George Hines noted that the Selectmen's issues are with Nancy Eaton not with
the Conservation Commission_
Selectman Matthew Cummings noted that the architects for the School Department were hesitant
to go before the Conservation Commission for the Dividence Road project.
Selectman Camille Anthony noted that Nancy Eaton had made a comment before the meeting
about the Dividence Road project that she wasn't going to vote for it.
Selectman Sally Hoyt noted that she appreciates everything that Nancy Eaton has done but she
needed to act in a more professional manner.
The Board interviewed Mark Gillis, Douglas Greene and Michael Pacillo for positions on the
Conservation Commission.
On motion by Anthony seconded by Hoyt, the Board of Selectmen placed the following names
into nomination for three positions on the Conservation Commission with terms expiring June
30, 2003: Nancy Eaton, Mark Gillis, Douglas Greene and Michael Pacillo. Nancy Eaton
received three votes, Mark Gillis received four votes, Douglas Greene received three votes and
Michael Pacillo received one vote. Ms. Eaton, Mr. Gillis and Mr. Greene were appointed.
On motion by Cummings seconded by Anthony, the Board of Selectmen voted to adjourn their
meeting of June 27, 2000 at 11:30 p.m. The motion was approved by a vote of 4-0-0 and the
meeting was adjourned.
Respectfully submitted,
Seeretary
OFF? Matthew J.Nestor,Chairman
Town of Reading George V.Hines,Vice Chairman
G, Camille W.Anthony, Secretary
16 Lowell Street Matthew Cummings
Sally M.Hoyt
rte, Reading, MA 01867-2685
BOARD OF SELECTMEN
639: NCO ?0 (781)942-9043
FAX:(781)942-9070
Website:www.ci.reading.ma.us
March 12, 2001
Ms. Nancy Eaton
13 Short St.
Reading, MA 01867
Dear Ms Eaton.-
The
aton:The Board of Selectman would like to address two items with you. One involves an issue which occurred
immediately after Karen DeFrancesco left her employment as Conservation Administrator and the other
relates to the level of public discourse between you and the Board of Selectmen.
The Board certainly appreciates the amount of time and effort that you put into your role as Chair of the
Conservation Commission. That role, however, is a voluntary position and does not involve an employer-
employee relationship with the Town of Reading. As you know, the Conservation Administrator is a full-
time employee. While we certainly appreciate your willingness to assist when we were "between
Administrators," the Board is concerned that you identified yourself as "Acting Conservation
Administrator." Your role is strictly that of a volunteer and the Board would appreciate if in the future you
would refrain from using that title.
In addition, the Board is concerned about the tone of discussion when you appear at our meetings. We
have made great efforts to retain a level of civil discourse. We hope and expect that regardless of the
points you wish to convey that it be done without raising your voice and/or engaging in ad hominen
attacks.
We would, of course, be willing to discuss these matters in either open or closed session.
Matthew J. Nestor, Chairman
Board of Selectmen
AGeorrHines, ice Chairman
Camille . Anthony, Secret
Matthew Cummin
Sally M. Hoyt
OFRF9o'Y Town of Reading George V. Hines
Selectman
16 Lowell Street (781) 942-9043
m Reading, MA 01867-2685 (781) 942-9010
Website: - ww.ci.reading.ma.us
6�9:1NCORQC,
MEMORANDUM
TO: Board of Selectmen
FROM: George Hines, Selectman
t / y
C.
DATE: 1/17/01
RE: Nancy Eaton, Conservation Commissioner
I am enclosing copies of a series of e-mails between Russ Dean and Nancy Eaton. I am very concerned
about the tone of Ms Eaton's communication to a town employee. However I am even more disturbed by her
declaring herself "Acting Conservation Administrator." Furthermore she has assumed that she has some role
in coordinating.administrative activities for new personnel hires and office moves:
In addition she berates the Assistant Town Manager over the expenditure of funds that are not within the
purview of conservation and the implementation of policies adopted by the Board of Selectmen.
This disrespect for town employees, abuse of position and obstruction of employee activities should not be
tolerated. These recent behaviors are another manifestation of her inability to understand her role, conduct
herself in professional manner and act respectful of others.
I have confirmed with Town Counsel that Ms. Eaton has no authority to declare herself "Acting Conservation
Administrator" and I am requesting that the Board immediately take disciplinary action against Ms. Eaton.
We are allowed to convene an executive session to discuss her performance provided she is notified and
allowed to participate. I would request that this action be taken ASAP.
Attachments
cc: P. Hechenbleikner
R. Dean
E-Mail DEM Grant RD to NE 1 - 12 - 01 . txt
Subject : FW: DEM Grant
Date: Wed, 17 Jan 2001 09 : 51 : 21 -0500
From: "Dean, Russell" <rdean@ci . reading.ma .us>
To: " 'Hines, George ' ', <ghines@mbta . com>
I am still working to smooth this over.
RD
From: Dean, Russell
Sent: Friday, January 12, 2001 9: 06 AM
To: 'EatonNancy@cs .com' ; Mullins, Karen
Cc: Hechenbleikner, Peter; Krieg, Anne
Subject : RE: DEM Grant
Nancy - I have a trail brochure memo from you dated 1/9/01 that lis
is
Perkins Farm Conservation areas . I would have to go back to my not
es from
our initial meeting to see what people were going to pull together.
I had
always assumed we would get a letter of support on the grant applic
ation
from Conservation - perhaps I misunderstood. Kim' s plan of signage
is the
basis for the application - I didn' t know you were opposed to this
- I did
not get that feeling at our initial meeting that was attended by yo
urself,
Kim and I .
As for Fran, she starts on January 17th. Her resume should not hav
e been
included in the ConCom packet on Wednesday evening. This is not a
public
document and we have a policy of not announcing candidates until we
have
confirmation they have passed the employment screening process . Ha
d I
received a copy of the packet (as I do from all staff from my depar
tments)
I would have pointed this out . We anticipate moving the department
- s
sometime in the next three weeks .
Page 1
E-Mail DEM Grant RD to NE 1 - 12 - Ol . txt
My understanding is there is no position of acting administrator an
d if
there were, it would be a town manager appointment meaning I would
have to
get approval from Peter. That being said, we certainly appreciate
all the
help you 've given us over the last month and a half - I don ' t want
to
diminish your efforts in any way.
I will have Anne working on some of the grant application today as
I will
be in Boston . I ' ll be happy to talk with you about this next week
when we
can set aside some time . We want to continue to further Conservati
on' s
goals and I will continue to work with you to keep that going . May
be we
can meet together at some point to see what the problems are and ho
W to
solve them.
Russ Dean -
From: EatonNancy@cs .com [SMTP:EatonNancy@cs .com]
Sent : Friday, January 12 , 2001 8 : 13 AM
To: rdean@ci .reading.ma .us; nrgis@juno.com
Cc: townmanager@ci . reading .ma .us
Subject : Re : DEM Grant
Russ,
You haven' t wanted any input from me before . Why ask now? This is
the
first
time you 've even contacted me regarding the proposed grant since De
cember
22nd when I invited myself to your meeting with Kim Honetschlager {
the one
you never told me about) . And how about the site visit at Lobs Mil
1. that
you
managed to arrange with folks from North Reading and Anne Krieg? C
ouldn ' t
be
bothered to tell me about that either even though I was in the Cons
Page 2
E-Mail DEM Grant RD to NE 1 - 12 - 01 - txt
i
ervation
office that entire day?
The Conservation Commission and myself as Chair and Acting Administ
rator
have
had no involvement and no communication from you regarding the gran
t and I
haven' t helped or provided anything for it . And now the day before
it is
due
you suddenly decide to communicate? Too little too late .
The completed application and proposed project should have been ava
ilable
and
distributed in time for the Conservation meeting on January 10 . Th
ere will
be no letter of support from Conservation because we weren' t inform
ed that
the grant application was happening or even asked if we would allow
the
project on land controlled by the Commission. You were even at the
meeting
and couldn' t manage to say a word about it . The grant application
should
reflect that the project has not been approved by nor even presente
d to the
Conservation Commission.
I personally do not favor a $5, 000 grant totally being spent on one
sign.
I
don' t think it does much to meet the goals of the Open Space Plan o
r the
desires of the. residents . I think the money could be better spent
on
trails
development . That opinion is based on the latest info I had about
the
project . I don' t know what the Commission opinion would have been .
Better yet, you should have saved the Town Hall renovation money an
d kept
the
-- compost area free ., That would have been a much better community se
Page 3
E-Mail DEM Grant RD to NE 1 - 12 - Ol . txt
rvice
and
use of tax dollars _
I will be in the Conservation office for several hours on Friday, J
anuary
12 .
And should you decide to communicate, I 've been asking for inform
ation on
two items repeatedly and still no firm answers from you: When is
the new
administrator starting? When is the move happening? I need to
coordinate
activities for both.
Nancy Eaton, Chair, Conservation Commission
Name: WINMAIL.DAT
WINMAIL.DAT Type : WordPerfect Document (6 . 1) File
(application/x-unknown-content-type-WPWin6 .
]-File)
Encoding: x-uuencode
Page 4
E-Mail DEM Grant RD to NE _ txt
Subject : FW: DEM Grant
Date : Wed, 17 Jan 2001 09 : 51 :44 -0500
From. "Dean, Russell" <rdean@ci . reading.ma.us>
To: " 'Hines, George '" <ghines@mbta. com>
From: Dean, Russell
Sent : Thursday, January 11, 2001 3 : 52 PM
To: 'Eaton, Nancy'
Cc: 'nrgis@juno.com'
Subject : DEM Grant
Good afternoon,
I have been working on the documentation end of the grant and I exp
ect that
will continue through -tonight into tomorrow. I will get you both a
draft
as soon as it is complete .
Thanks for all your help so far - the copies of the maps and brochu
res will
help quite a bit . Brian Wood is designing his end and will be in t
ouch
with Anne Krieg today on the signage part . We are also gathering t
he
requisite letters to have a package ready to go Monday.
What I would like to do is get something out to both of you tomorro
w to
review over the weekend, get back to me with any changes and then t
he
complete package we will get into Boston to meet the deadline. I a
ssume
since the 15th is Martin Luther King Day they will take application
s until
the end of business on the 16th.
This is a tight timeframe, so if there are any potential "gaps" tha
t either
of you can think of, your input is appreciated.
Thanks
Russ Dean
Name : WINMAIL.DAT
Page 1
E-mail RD to NE . txt
Subject : FW: Walkers Brook Joint Process & Concept Plan Filing
Date : Wed, 17 Jan 2001 09 : 52 :49 -0500
From: "Dean, Russell" <rdean@ci . reading .ma.us>
To : " 'Hines, George ' ', <ghines@mbta . com>
From: Dean, Russell
Sent : Wednesday, January 17, 2001 9 :48 AM
To : 'mgillisesq@aol . com' ; 'willfinch@juno.com' ; 'pmeunier@mediaone
.net ' ;
'atmame77@yahoo. com' ; ' kenney@vernalpool .org '
Cc : Krieg, Anne
Subject : FW: Walkers Brook Joint Process & Concept Plan Filing
From: Dean, Russell
Sent : Wednesday, January 17, 2001 9 :46 AM
To: ' EatonNancy@cs . com'
Subject : RE: Walkers Brook Joint Process & Concept Plan Filing
Nancy -
There has been no meeting scheduled for the PUD review as such. I
am
having Anne and Fran coordinate that process this morning with both
the
ConCom and the CPDC to make sure we have a date amenable to both bo
ands .
If Bill Roche gave you a different impression, this was in error.
No one
is "not coordinating" - no one has seen the letter yet that you ref
erence,
it just having come in yesterday. I will personally contact VHB to
day to
make sure the schedule is worked out to both board' s satisfaction.
As to your second point, we have the option of holding the joint he
aring 35
days after submission of a letter of request by the developer. Thi
s is to
obtain input from both Commissions, identify options and approaches
relative to the development and to review mitigation measures . We
will be
working with you and the other Commissioners to schedule that meeti
ng in
the next couple of days .
Page 1
E-mail RD to NE . txt
Russ Dean
CC: Conservation Commission
From: EatonNancy@cs .com [SMTP;EatonNancy@cs .com]
Sent : Wednesday, January 17, 2001 8 :35 AM
To: townmanager@ci .reading.ma .us; rdean@ci .reading .ma.us; Krieg,An
ne;
kmullins@ci . reading.ma.us
Cc : MGillisEsq@aol .com; WillFinch@juno.com; pmeunier@mediaone.net;
atmame77@yahoo.com; kenney@vernalpool .org
Subject : Walkers Brook Joint Process & Concept Plan Filing
Date : January 17, 2001
To: P . Hechenbleikner, R. Dean, A. Krieg, F. Fink (at kmullins)
CC: Conservation Commission (not all on e-mail)
From: Nancy Eaton, Chair, Conservation Commission
On Tuesday, January 16 , 2001, the Conservation Division received tw
o copies
of the Walkers Brook Crossing Request for Joint Process & Concept P
lan
Filing
and two sets of plans . Any filings to the Commission must include
12
copies
under our regulations . For that reason, if this is a legitimate fi
ling , I
reject it as insufficient and not meeting the Wetlands Protection
Regulations . I will so inform the applicant by separate letter.
The cover letter from William J. Roache, P. E. concludes with refer
ence to
a
joint meeting with the CPDC, the Conservation Commission and other
town
officials on January 23 , 2001 to review comments on this submittal.
No one
has had any communication with the Conservation Commission about a
meeting
on
this date . I strenuously object to scheduling meetings without inv
olving
the
Page 2
E-mail RD to NE . txt
Commission in date and time selection. We as volunteers are dedica
-- ted to
fulfilling the obligations that we have undertaken but do have Priv
ate
lives
and work responsibilities. You can' t just schedule joint meetings
that
aren ' t at a time the Commission is already scheduled to meet withou
t
including the Commission in the process . The applicant apparently
has some
knowledge that the Commission doesn' t . Who at the town level is
responsible
for NOT coordinating with the Conservation Commission?
Their Figure 1-3 (at the end of the PUD Concept section) shows a jo
int
public
meeting with CPDC & Conservation before the PUD Plan and Notice of
Intent
are
filed. My understanding of the process when we changed the PUD byl
aw at
- Town
Meeting was that the joint hearing process was after both the PUD a
nd NOI
had
been filed and was the beginning of the hearing process under both
plans .
Having said that , however, and although our agenda has already been
posted,
we are scheduled to meet on January 24 and there is time to include
this
item
for an hour; but I am not scheduling a separate meeting for January
23rd.
I will develop a critique of the filing documents when I have had a
n
opportunity to thoroughly review them.
Name : WINMAIL .DAT
WINMAIL.DAT Type : WordPerfect Document (6 . 1) File
(application/x-unknown-content-type-WPWin6 .
1File)
Encoding : x-uuencode
Page 3
- oily OFIl��
Town of Reading
' yc
16 Lowell Street
oo�
Reading, MA 01867-2685
,�39'INCORQ�4� '.
FAX: (781)942-9070 TOWN MANAGER
Website: www.d.reading.mams (781)942-9043
September 29, 1998 J
r" LACe
Ms. Nancy Eaton, Chairperson ,,
Reading Conservation Commission
13 Short Street
Reading, MA 01867
Dear Nancy:
A' meeting has been scheduled with yourself, Bruce MacDonald, Matt Nestor, and Stephen
Chapman regarding the letter you received from Bruce MacDonald dated August 3, 1998.
This meeting is scheduled for October 13, 1998 at 7:00 p.m, in the Conference Room at Town
Hall.
Sincerely,
Paula Schena
Office Manager
cc: Bruce MacDonald
Matt Nestor
Stephen Chapman
..............
�N OFRe9
Town of Reading
16 Lowell Street
W. Bruce MacDonald
Reading, MA 01867-2685 Selectman
39- ,Y q� (781)9423
fNCORP�¢ 304FAX:(781)9423070
Web site:wwwxiseading.mams
August 3, 1998 N1 �A
o �
Ms. Nancy Eaton, Chairperson A,
Reading Conservation Commission G% r{
13 Short Street
Reading, MA 01867 Zz�
Dear Nancy
Your continued hard work on behalf of the Town through the Conservation Commission is
commendable and very often effective in preserving our wetlands heritage. So, as I bring up
one area of concern, please understand that I value and appreciate the work that you do. I
would guess that no volunteer works harder than you on issues affecting the Town. However,
I do have one concern that I think might compromise your ability to be as effective as possible
in your role on the Commission.
You may remember that a year or so ago, we met and I spoke and told you how I perceived
your demeanor, your communication style as having, despite your wishes, a negative impact
on the Conservation Commission work that you so obviously want to get done. Now, a year
later, I continue to perceive the same problems. I believe these problems could be having a
serious impact on the work of the Commission. Certainly, if I just take the examples that I
have directly experienced during several Selectmen's meetings, I know that this is the case.
I am also concerned about the growing number of vacancies on the.Commission, and also
about the relationship of the Commission to Town Hall and to Town Counsel.
In an effort to address and remedy the problems that I perceive, 1 would like to meet xvith you,
Steve Chapman and Matt Nestor. I think if we can talk outside the bounds of a formal meeting
and not in public, perhaps we can come to some understanding of what needs to be done to
change the situation. To that end, I have asked Paula Schena to set up a meeting with the four
of us as soon as possible
September 28, 2001
Board of Selectman
Town of Reading
16 Lowell St.
Reading, MA,01867
To the Board,
This letter concerns a vote you took at a recent meeting,the date of which is unknown to
me, to take away the appointment of Conservation Commission member Nancy Eaton.
I would like to know on what grounds you took this action. Are there any letters of
complaint concerning Nancy's performance? As I recall from the Wetlands Protection Act
handbook,a document that advises Cons Com members on proper conduct and procedure,
grounds for dismissal include disregard for the law and regulations of the Act,or failure to
attend meetings in a reasonable manner.
Such an action would deprive the Commission and the town of the services of a very
competent and hard working volunteer. Nancy is the only one on the Commission who can
offer the long view on the history of wetlands and open space protection in our town.
My only other comment at this point would be that we would have a serious problem with
obtaining a quorum on hearings that are open at this time as well aswith new ones in the
future.
I also must insist that you inform the entire Commission when you plan to discuss this
matter. As I understand, Nancy cannot make the October 2 meeting and I am in California
until October 6.
Sincerely,
William O. Finch,Chair
Conservation Commission
8 �� d 8Z d3S 1001
Sent By: QUINLAN PUBLISHING; 617 345 9646; Oct-1 -01 8:08; Page 2/3
Patricia J. Lloyd,Esq.
388 Franklin Street
Reading,MA 01867
781-942-3672
plloyd&,,mediaone.aet
October 1,2001
By Facsimile (781)942-9070
Board of Selectmen
Town of Reading
16 Lowell Street
Reading, MA 01867-2601
Re. Removal of Nancy Eaton from Conservation Commission
Dear Selectmen:
1 was surprised and disappointed to learn the Board of Selectmen voted to remove Nancy
Eaton from the Conservation Commission and scheduled a follow-up hearing without -
consulting the Commission. I do not know if the hearing will proceed on Oct. 2,2001,
but I am writing to provide input to the Board before it makes any final decision.
First,I am unaware of any citizen complaints against Ms. Eaton and request any such
complaints be brought to the Commission immediately.The Commission must be
informed of any complaints to appropriately assess the situation and,if necessary,take
steps to address citizen concerns.Further,the Commission may be able to shed some
light on the veracity and underlying history of any complaints so they are viewed in their
proper perspective.
In addition,removing Ms. Eaton from the Commission would have immediate and
troubling consequences.Ms.Eaton is a committed,bard-working volunteer with
irreplaceable knowledge about the site-specific history of open space and wetlands in the
Town of Reading.Ms. Eaton has made significant contributions to other town boards,
including providing extensive assistance to the Community Preservation Act Study
Committee and the Ad Hoc Open Space and Recreation Planning Task Force.
On a functional level,the Commission has a serious problem maintaining a quorum,and
this problem will become critical without Ms. Eaton, who has been very dedicated and
reliable in her attendance at meetings. In fact,I am writing this letter as an individual
instead of on behalf of the entire Commission because we had already lost our quorum at
our last meeting when the issue of Ms.Eaton's removal was discussed.Further, without
Ms. Eaton,several applicants whose hearings have been continued would have to start -
vvGr because we will lack thc: original quorum to issue a decision.
Sent By: QUINLAN PUBLISHING; 617 345 9648; Oct-1 -01 8:09; Page 3/3
Board of Selectmen
Page two
The seven-member Commission is already short one member, another member attends
only parts of meetings due to medical restrictions, and a third member attends
sporadically. Losing another member would be disheartening because there will be fewer
people to share the responsibilities;attendance is often required two or three times per
week due to large and complex projects,numerous small projects,and representation of
the Commission at other town meetings.The Commission's core volunteers already
arrange their work,vacation,and social schedules around their duties and,due to quorum
concerns,cannot skip a meeting even if they are ill or have pressing family needs. In the
past,the Commission could estimate just two meetings per month and two mornings for
site visits. With fewer members and the resulting increase in time commitment, it will be
exceedingly difficult to attract new members--and keep Current members. In short, the
loss of another member would cripple the Commission.
The Board may be unaware Ms. Eaton recently stepped down as chair and Will Finch
was appointed in her place.I am now the vice chair.The change in leadership should
alleviate any Board concerns about]vis. Eaton's leadership style or the manner in which
she conducted hearings,whether or not these concerns were justified.
-- Further,as an attorney, I am very concerned about the Board's judgment in recalling the
Commission's former chair while litigation over a Commission determination is pending.
- -� Did the Board consult with the attorneys for the Town and Commission before trying to
remove the Commission's potential key witness and the chair at that tithe?Did the Board
consider the ramifications of accusing the chair of some vague misconduct and possibly
providing fodder for the appellants to discredit Ms. Eaton's testimony and decisions in the
IEP and Superior Court appeals?It would be irresponsible to ignore the implications on
pending litigation should the Board go forward with removing Ms.Eaton,
The Commission will continue to strive to protect the public interest in healthy wetlands
and resource areas and balance this interest with applicant and abutter rights.The
Commission is committed to providing fair and respectful hearings. I ask the Board to
inform the Commission of its concerns regarding Ms.Eaton and give the new leadership
an opportunity to analyze and address these concerns.
Sincerely,
atricia J. Lloyd, Esq.
Vice Chair
Conservation Commission
k
Oct 05 01 12: 54p Ellen S Grossman (781 ) 245-2595 p. 2
Euzr4 S.GRo$SMAN
ArrvRNEY AT LAW
27 WATER STREET
SUITE 404
WAKEFIELD, MA oisao
TELEPHONE FACslmiLE
T81-245-3399 781-245-2595
October 5, 2001
Town of Reading
16 Lowell Street
Reading, MA 01867-2685
ATTENTION: George V. Hines, Selectman
Re: Fancy Eaton
Dear Mr. dines:
This letter shall acknowledge that the hearing referenced in
your correspondence to Nancy Eaton dated September 18, 2001, has
been continued from October 2, 2001, at 7 .00 p.m. , to Tuesday,
October 9, 2001, at 9:30 p.m. I thank you for the documentation
which you have faxed to my office thus far; however, I am herein
seeking the following information/documentation for purposes of the
October 9th hearing:
1. Written Minutes of the meeting of the Board of Selectmen
at which time it was voted to forward the September 18,
2001 correspondence to Nancy Eaton;
2 . A full and complete listing of any and all verbal com-
plaints against Ms. Eaton received by the Town of
Reading, to whom given, and the dates thereof;
3. A photocopy of any and all instructions given by the Town
of Reading to volunteers and/or prospective volunteers;
4. The names and addresses of any and all witnesses for the
Town of Reading who are expected to appear at the hearing
on October 9, 2001; and
5 . Any and all documentation in the possession, custody or
control of the Town of Reading which is expected to be
used as an exhibit at the time of the hearing on October
9, 2001.
I believe I informed both you and Town counsel my client and
I have chosen the hearing to be in open session. I also request _
that any and all testimonies, whether on behalf of the Town of
Reading or on behalf of Ms. Eaton, be sworn to under oath.
Oct 05 01 12: 54p Ellen S Grossman (781 ) 245-2595 p. 3
Et 1 sN S. GRossmAN
October 5, 2001
Page 2.
Should you have any questions, comments or concerns with re-
gard to this correspondence or with regard to this matter, in
general, please do not hesitate to call me. I thank you again for
your courtesy and cooperation in this regard.
Very truly yours,
1
Ellen S. Grossman
ESG/er
SENT VIA FACSIMILE AND FIRST CLASS MAIL THIS DATE
CC: (via facsimile) :
- Ms. Nancy Eaton
t
He"chenb�e�krier,Peter. ` .
From: Pat Lloyd [plloyd@mediaone.net]
Sent: Monday, October 08, 2001 11:21 AM
To: selectmen@ci.reading.ma_us: townmanager@ci.reading.ma.us
Subject: Nancy Eaton recall
01.10.08 letter to
selectmen-d... Dear Board of Selectmen, While I will probably not attend Tuesday's meeting, I
would appreciate the Board considering the attached letter, which responds to two specific
allegations against Ms. Eaton.
Thank you for your time and consideration.
Respectfully,
Patricia Lloyd
Patricia J. Lloyd, Esq.
388 Franklin Street
-` Reading, MA 01867
781-942-3672
plloyd n mediaone net
October 8, 2001
By Email
Board of Selectmen
Town of Reading
16 Lowell Street
Reading, MA 01867-2601
Re: Removal of Nancy Eaton from Conser,,ation Commission
Dear Selectmen:
It is unlikely I will be able to attend the Oct. 9, 2001, meeting regarding the recall of
Nancy Eaton, so I am writing to shed light on two issues: Mr. David Barrett's complaint
letter and the Conservation Commission's request for separate counsel for the appeal of
the new elementary school. My prior letter already explains my position with respect to
recalling Ms. Eaton, so I will not address those issues again, but rather provide my factual
understanding of some events that may be questioned at the hearing.
First, with respect to Mr. Barrett's complaint letter, I cannot provide any information
about events occurring prior to my appointment in June 2000. In fact, when I read Mr.
Barrett's letter yesterday, my first response was, "Who is David Barrett?" While my
memory may be inaccurate, I do not believe he has attended any conservation meetings
during my tenure, and his letter appears to confirm this. Therefore, I question the reliance
upon a letter based on stale, secondhand information. Mr. Barrett's only recent firsthand
knowledge of Ms. Eaton's conduct during meetings appears to be his viewing of cable
TV broadcasts, during which he concurred Ms. Eaton "conducted herself with
professionalism and treated others civilly." Further, Mr. Barrett's letter was date stamped
by the town clerk on Oct. 2, 2001, which means the letter was received after the Board
ordered a recall hearing, so it was not one of the reasons for the recall decision. Also, due
to the timing, I wonder whether the letter was solicited specifically for the recall hearing
rather than being a spontaneous complaint.
Mr. Barrett is apparently disgruntled because he has not yet received certificates of
compliance on two properties. If these were held up due to pending conservation
restriction issues, that is not the fault of any member of the Commission. Several
conservation restrictions have been held up by town counsel or need redrafting due to
new ownership of properties.
Board of Selectmen
Page Two
Mr. Barrett writes about the meeting where the Commission deemed premature his
request for a certificate of compliance for Timothy Place as if he were present, but he was
not. The hearsay statements of his foreman are not admissible evidence. In denying a
certificate of compliance for the Timothy Place project, I believe the Commission was
very concerned about the actual grading of the project, which appeared to be much higher
in places than the grading on the proposed site plan_ While I doubt Fran Fink would have
taken a position on the certificate before the hearing, if she did suggest everything was in
order, it was likely due to being unaware of the history of the site and our concerns with
the grading. Further, it is my understanding the property had been finished for several
months but Mr. Barrett did not seek a certificate of compliance until he had found a
potential buyer, and thus, Mr. Barrett was at least partially responsible for any delays.
During my tenure, I can state with absolute certainty no requests for certificates of
compliance were rejected solely due to Ms. Eaton's objections. Mr. Barrett gives Ms.
Eaton credit for authority she simply does not possess.
Next, I'll briefly address Mr. Barrett's secondhand complaints about the treatment of a
resident's violation. The new owner of a property had blacktopped at least a quarter mile
of a gravel driveway that was to remain unpaved in perpetuity under a settlement
agreement with the prior owner. Although the driveway was through the middle of very
sensitive wetland areas, the owner had not requested the Commission's prior approval. At
the hearing, the Commission voted to order him to remove most of the blacktop and
return it to the prior condition. Ms. Eaton advocated fining the owner, and the.rest of the
Commission disagreed, believing the cost of removing the blacktop was enough of a
deterrent. All of us expressed our opinions, and Ms. Eaton was outvoted, which is how
democracy works. We also discussed fining the prior owner if he had not given the new
owner a copy of the order of conditions on the property, but the new owner could not
specifically recall whether his lawyer had received the document.
I understand the Board is also concerned about Ms. Eaton's opinions concerning the
Commission being assigned the same counsel as the School Department in an appeal of a
Commission order. I have no firsthand knowledge of Ms. Eaton's recent communications
on the subject, but I recall discussing this issue in executive session early this spring_ I
was one of the advocates for requesting separate counsel. In my legal experience, it is not
unusual for two town bodies to have separate counsel in these types of matters, especially
where one is an applicant and the other is the decision-maker. The Commission decided
to request separate counsel for two reasons:
1) We were concerned about potential conflicts of interest if the school decided
to change the project to settle the matter and we were required to approve the
changes. We could foresee potential conflicts between the school's desire to
go forward and the Commission's need to uphold the Wetlands Protection
Act, so we thought it best to have separate counsel from the beginning. ` - `
Board of Selectmen
Page Three
2) We were very concerned a response to DEP and an answer to the Superior
Court complaint were filed on our behalf without our attorney first asking any
Commission members or the administrator for input, especially where it was
our decision that was being appealed. Without disclosing the details of our
executive session, we would have liked the opportunity to discuss some
specific strategies and facts with our attorneys before this paperwork was filed
and may have requested some changes before filing. We believed having our
own counsel would ensure our strategies and reasons for our decisions were
represented.
Thank you for the opportunity to provide additional information. Please do not hesitate to
contact me if you have any questions.
Respectfully,
Patricia J. Lloyd, Esq.
Vice Chair
Conservation Commission
Hechentkraer Pete
bler
From Schena, Paula
Sent: Tuesday, October 09, 2001 8.48 AM
To: Hechenbleikner, Peter
Subject: FW: Upcoming selectmen's meeting
-----Original Message-----
am' Vrricent Kathryn FaTcione �SMTP=vknfal(c�gtcinternet.coml
Sent: Monday, October 08, 2001 3:01 PM
To: selectmenga ci.reading.ma.us
Subject: Upcoming selectmen's meeting
AT 00000.html
Dear Board of Selectmen members:
It has come to my attention that the agenda for the October 9, 2001 Selectman's meeting
includes the intent to recall Nancy Eaton's appointment to the Conservation Commission. I am
disturbed that the vote appears to be going forward without contacting Commission members for
their input.
During the past 3 years that I have served on the Conservation Commission, I rarely have seen a
Board of Selectmen member attend a Commission meeting_ It appears that the Board is making
their assessment based upon hearsay, excluding the opinions of those who have worked directly
and consistently with Ms. Eaton on the Commission.
Ms. Eaton's dedication and extensive knowledge of wetland laws and regulations are invaluable
to the Town and the Commission. I urge the Board to reconsider the request for Ms. Eaton's
removal from the Conservation Commission.
Sincerely,
Vincent M. Falcione
Conservation Commission Member
C P�--t`;
ELLEN S.GROSSMAN
ATTORNEY AT LAW ._ SER
27 WATER STREET
SUITE 404 -1
WAKEFIELD, MA 01880 Own w n � � , t
TELEPHONE
FAC SIMILE
781-245-3399 781-245-2595
September 26, 2001
Town of Reading
16 Lowell Street
Reading, MA 01867-2685
ATTENTION: George V. Hines, Selectman
Re: Nancy Eaton
Dear Mr. Hines:
Please be advised I have been consulted by Nancy Eaton relative to
your correspondence to her dated September 18, 2001, and, accordingly,
represent her in that regard. On behalf of Ms. Eaton and myself, I am
hereby requesting a continuance of the hearing referenced therein cur-
rently scheduled for October -2 , 2001, at 7 : 00 p.m. due to the unavail-
ability of both my client and me on that date and time because of pre-
viously scheduled obligations . I would be glad to discuss alternative
dates and times with you if you would like to contact me regarding the
same.
In addition to the above, I am hereby requesting you forward to my
office any and all formal written complaints received by the Town of
Reading, its agents or employees, relative to Ms. Eaton' s conduct as
alleged in your correspondence of September 18, 2001 . Additionally,
should you have written minutes from Ms. Eaton' s re-appointment hearing
in June, 2000, I would appreciate receiving photocopies of those minutes,
as well. Of course, Ms. Eaton and I would be glad to reimburse your of-
fice for any photocopying costs incurred in conjunction with our requests.
I am, more generally, seeking further specific information from your
office with regard to any and all complaints, whether oral or written,
received by the Town, which complaints appear to form the basis of the
Town' s current proceedings against Ms. Eaton. Receiving more specific
information than that set forth in your correspondence of September 18 ,
2001 , will assist my client. in making a more informed decision relative
to her options pursuant to M.G.L. Chapter 39, §23B. In order for her
"options" to be meaningful, I believe it necessary we receive the re-
quested information.
Should you have any questions, comments or concerns with regard to
this correspondence, please do not hesitate to call my office. In any
event, I would appreciate it if you would contact me to discuss alterna-
tive hearing dates in light of the fact my client' s schedule due to her
4
ELLEN S. GROSSMAN
September 26, 2001
Page 2 .
employment is extremely tight. Nevertheless, she would like to have an
opportunity to attend the meeting to be heard on the current allegations.
I thank you for your courtesy in this regard.
Very truly yours,
Ellen S. Grossman
ESG/er
SENT VIA FACSIMILE AND CERTIFIED MAIL NO. 7000 1530 0005 5272 9697
THIS DATE
CC: (via facsimile) :
Ms . Nancy Eaton