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12 <br /> Board of Selectmen <br /> Minutes-Executive Session <br /> December 2,2019 <br /> Present: Selectman Andrew R. Gottlieb, Selectman John J. Cotton, <br /> Selectman Thomas F. O'Hara, Selectman Carol A. Sherman, <br /> Selectman David W:Weeden <br /> Town Manager Rodney C. Collins. <br /> Assistant Town Manager Wayne E. Taylor <br /> Meeting Called,to_Order by Chairman Gottlieb at 8:07 p.m. <br /> Mashpee Town Hall, Waquoit Meeting Room <br /> EXECUTIVE SESSION <br /> Discuss,MStrategrWwith Resaect to Pendm Litigation Blue Ski Towers II LLC v. Town of Mashpee et <br /> al n _. <br /> thee Cha r so D OlarewMG Lnc.30A2a3mental Effect on the Lit atin Positi _on„of the Town and <br /> Town Manager Rodney C. Collins briefed the Board of Selectmen concerning pending litigation <br /> against the Planning Board related to Blue Sky Towers regarding the Planning Board's denial of a <br /> special permit for the site of a monopole telecommunications facility at 101 Red Brook Road, the site <br /> of Fire Station 42. It was disclosed the Town has not yet been served but anticipates it. <br /> The Town Manager said the General Counsel has a conflict in representing the Planning Board. He <br /> outlined three options for the Board of Selectmen to consider: <br /> 1. Retain special and independent counsel for the Planning Board. <br /> 2. Retain special and independent counsel for the sole purpose of providing the Board of <br /> Selectmen with a summary of the strengths and weaknesses of plaintiff's filing. <br /> 3. Reject representing the Planning Board for the purposes of this matter. <br /> If Option#1 or#2 were authorized by the Board, the Town Manager recommended utilizing KP Law. <br /> If Option#3 were authorized by the Board, a summary judgment would be reviewed and resolved <br /> to settle any and all claims. <br /> Motion made by Selectman Weeden to authorize independent counsel to represent the <br /> interests of the Planning Board. (Option #1) <br /> Motion seconded by Selectman O'Hara. <br /> Discussion followed regarding the intent of the Motion. <br /> VOTE: 2-3 Motion fails. <br /> Roll Call Vote: <br /> Selectman Gottlieb, no Selectman Cotton, no Selectman O'Hara,yes <br /> Selectman Sherman, no Selectman Weeden, yes Opposed, (3) <br /> It was agreed that all comment with respect to this matter would be restricted to the Office of <br /> the Town Manager. <br />