Present:            Selectmen Thomas P. O’Toole and Nicholas A. Hay

Others:             Attorney Alan Seewald

Town Secretary Betty Kazan

4:40 PM CALL TO ORDER

Mr. Hay moved that the Board meet in executive session to discuss pending litigation.  Mr. O’Toole seconded the motion.  The motion passed unanimously on a roll call vote.  It was noted that the Board would adjourn directly from executive session.

Attorney Alan Seewald explained to the Board that in the past years SBT Holdings had been awarded attorney’s fees to be paid by the town in the amount of $50,000 by Judge Murphy.

He has recently been notified that another award of attorney’s fees has been granted for the appeal.

Attorney Seewald explained to the Board that the options are a rehearing of the case which would be with the same board or take the case to the Supreme Judicial Court (they only choose 5-7% of the cases) or pursue both.

Attorney Seewald agreed on a contingency.  If he was successful, he would charge the Town.  If no, he would not charge the Town for his time.

Mr. Hay made a motion to appeal the decision to the Supreme Judicial Court.  Mr. O’Toole seconded the motion.  The motion passed on a roll call vote.

ADJOURNMENT

Mr. Hay moved to adjourn from executive session at 5:05 p.m.  Mr. O’Toole seconded the motion.  The motion passed unanimously on a roll call vote.

Respectfully submitted,

Nicholas A. Hay, Vice Chairman

(Prepared by B. Kazan)