HomeMy WebLinkAbout1994-04-12 Board of Selectmen Executive Session Minutes n
Board of Selectmen Meeting
Executive Session
April 12, 1994
The meeting was convened at 7: 41
wereGeorge Hines, Vice Chairman Bill Burditt, PresentSecretarySallyaHoytirma,l
Selectmen Dan Ensminger and Camille Anthony, Town Manager Peter
Hechenbleikner, Town Counsel H Theodore Cohen.
Cohen reviewed the status of the South Street litigation. He
noted that
the
Town n received court papers indicating that the
case had been dismissed, and that the Town had been upheld on all
counts. He indicated that it was highly unusual for a court to
dismiss a claim and to specifically find facts in favor of the
Town. He indicated that Mr. Favalaro on behalf of the South
Street neighbors had filed an additional suit. Cohen noted that
the Board was never prohibited from proceeding with construction
of the project while the appeal was pending, but had agreed to do
so. He felt that the
legal
process could
drag out for a long
time - probably two plus or minus years, and that the Board could
consider going ahead with construction at this time. The Board
agreed that would be an appropriate course of action, and that a
vote would be required to direct the Town Manager to proceed with
bidding and construction of the project. A briefing in open ses-
sion at the next meeting on April 26, 1994, will be scheduled.
The Board talked about Stuart LeClaire's appeal of his dismissal
by the Town Manager. The Board indicated that if the Town
Manager needed Cohen for his case, then the Town Manager should
arrange for other counsel to advise the Board of Selectmen in
this process. The Town Manager is also directed to ask LeClaire
whether he would prefer to have his hearing in public session or
executive session. The Board will want to have a preliminary
strategy session with counsel prior to the actual hearing. The
hearing is tentatively scheduled for May 10, 1994.
On motion by Burditt seconded by Hoyt the Board voted to adjourn
executive session at 8: 30 p.m. All members present were polled
and voted in the affirmative. The motion was carried.
Respectfully submitted,
Secreta y