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n <br /> Board of Selectmen Meeting <br /> Executive Session <br /> April 12, 1994 <br /> The meeting was convened at 7: 41 <br /> wereGeorge Hines, Vice Chairman Bill Burditt, PresentSecretarySallyaHoytirma,l <br /> Selectmen Dan Ensminger and Camille Anthony, Town Manager Peter <br /> Hechenbleikner, Town Counsel H Theodore Cohen. <br /> Cohen reviewed the status of the South Street litigation. He <br /> noted that <br /> the <br /> Town n received court papers indicating that the <br /> case had been dismissed, and that the Town had been upheld on all <br /> counts. He indicated that it was highly unusual for a court to <br /> dismiss a claim and to specifically find facts in favor of the <br /> Town. He indicated that Mr. Favalaro on behalf of the South <br /> Street neighbors had filed an additional suit. Cohen noted that <br /> the Board was never prohibited from proceeding with construction <br /> of the project while the appeal was pending, but had agreed to do <br /> so. He felt that the <br /> legal <br /> process could <br /> drag out for a long <br /> time - probably two plus or minus years, and that the Board could <br /> consider going ahead with construction at this time. The Board <br /> agreed that would be an appropriate course of action, and that a <br /> vote would be required to direct the Town Manager to proceed with <br /> bidding and construction of the project. A briefing in open ses- <br /> sion at the next meeting on April 26, 1994, will be scheduled. <br /> The Board talked about Stuart LeClaire's appeal of his dismissal <br /> by the Town Manager. The Board indicated that if the Town <br /> Manager needed Cohen for his case, then the Town Manager should <br /> arrange for other counsel to advise the Board of Selectmen in <br /> this process. The Town Manager is also directed to ask LeClaire <br /> whether he would prefer to have his hearing in public session or <br /> executive session. The Board will want to have a preliminary <br /> strategy session with counsel prior to the actual hearing. The <br /> hearing is tentatively scheduled for May 10, 1994. <br /> On motion by Burditt seconded by Hoyt the Board voted to adjourn <br /> executive session at 8: 30 p.m. All members present were polled <br /> and voted in the affirmative. The motion was carried. <br /> Respectfully submitted, <br /> Secreta y <br />