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09/08/2010 Town Council Special Meeting
Town of East Hampton
Town Council Special Meeting
Wednesday, September 8, 2010
Eaton E. Smith Meeting Room – Town Hall

Minutes

Present:  Chairperson Melissa Engel, Vice Chairman John Tuttle and Council Members William Devine, Christopher Goff, Barbara Moore and Susan Weintraub.  Also present were Recording Secretary Cathy Sirois, members of the press and citizens.

Council Member Thomas Cordeiro was present via speakerphone.

Call to Order and Pledge of Allegiance:  Chairperson Engel called the special meeting to order at 11:00 a.m. in the Town Hall Meeting Room.  

Executive Session:  Discussion concerning the employment and possible separation of a management-level Town employee:  
A motion was made by Mr. Devine, seconded by Mr. Tuttle, to enter Executive Session at 11:02 a.m. Voted (7-0).

The Council members listed above and Mr. Cordeiro (via speakerphone) were present in Executive Session.

The Council exited Executive Session at 11:25 a.m.

Retention of legal counsel to negotiate a separation agreement with a management-level Town employee:
A motion was made by Mr. Tuttle, seconded by Mr. Devine, to retain legal counsel of Mark Sommaruga to negotiate a separation agreement with a management level town employee. Voted (6-1) Ms. Weintraub against.

Prior to the vote, Ms. Weintraub noted her concerns regarding Attorney Sommaruga being an appropriate choice to negotiate the separation agreement due to his involvement in other town actions.  She also discussed her concern that he cannot represent both parties and should have gone record to give notice of the conflict and request a waiver from both parties, Jeff O’Keefe and the Town.  Without a waiver this could be a grievable offence.

Ratification of engagement of Attorney John Bennet for review of proposed language for Town Ordinance #109:
A motion was made by Barbara Moore, seconded by Mr. Goff, to ratify the engagement of Attorney John Bennet to review the proposed language for Town Ordinance #109.  This item was not voted on.

Ms. Weintraub noted possible conflicts of interest for Attorney Bennet.

A motion was made by Mr. Devine, seconded by Ms. Moore, to postpone the vote to engage an attorney to review Town Ordinance #109 and suggest Attorney D’Aquila recommend a different attorney that has no background with the Town of East Hampton.  Voted (7-0).

A motion was made by Mr. Devine, seconded by Ms. Moore, to adjourn the meeting at 11:37 a.m.

Respectfully submitted,


Cathy Sirois
Recording Secretary