Select Board Executive Session Meeting Minutes 7/21/21
Executive Session Minutes of the meeting of 7/21/21
Meeting Opened at: 6:03pm
Select Board Members Present: Steve Weisz, Chair, John Weingold and Justin Makuc
Also present: Jeremia Pollard
Executive Session Meeting Minutes of 7/21/21
Steve Weisz made a motion to go into Executive Session to discuss litigation strategy and attorney client privilege. Don Coburn inquired if the session was going to include the complaint filed by Mr. Weingold; it was confirmed it would include all litigation active or otherwise. Don asked if he could attend with regard to the suit filed by John Weingold as he is a named defendant; the Board and counsel confirmed he could for that part of the session. The motion was seconded and approved 2-1 with John voting no. The Board confirmed it will return to open session once finished. Roll Call: Steve, present, Justin, present, John, present. The Board entered executive session at 6:03pm.
Counsel reviewed the active Steinberg case on Elephant Rock Rd. There was an attempt to resolve the case through mediation however it was very costly and Jeremia did not have the Board’s permission to spend that. This is likely to end up at trial.
Counsel reviewed the Hume case which is the 2nd land court case the town has had with them. The current application is for a RV park and it is not an ancillary use for the religious exemption argument. A copy of the proposed findings and rulings of law were distributed. John was very concerned about the costs spent to date and the future potential costs for any appeals. Jeremia stated the most expensive part would be assembling the record and a few other things. Jeremia stated he bills $100/hr for litigation. Final arguments will be held the second week of August. Steve noted that Hume has been a great partner of Monterey.
Pending litigation against the Town, Steve Weisz, Melissa Noe, Don and Ellen Coburn and Mark Webber by selectman John Weingold. John Weingold was told he had to leave due to a conflict as his is the filing party of the lawsuit. Don Coburn was allowed to join the meeting as one of the named defendants. John Weingold left at 6:38pm and Don joined. Justin asked if he should be present, it was explained that he is part of the Board that is being sued and Jeremia will need direction from the remaining board members. Steve noted that if we are served he will recommend a counter suit. Jeremia stated that if it gets served he will need direction from Steve and Justin as one member cannot act alone. Don stated that the first 3 counts all deal with setting aside M. Noe’s contract and in his view the insurance company is going to defend and it will be up to Jeremia to defend us on those counts.
The Board returned to open session at 6:43pm by unanimous vote.
Submitted by:
Melissa Noe, Town Administrator
cc: Website (www.montereyma.gov)
Select Board Members
Minutes Book
Town Clerk
Any documents used in the meeting are listed below and are available by request at town hall.
- None