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April 13 Agenda Item 1
Subject:
Order to go into Executive Session pursuant to the Laws of Maine to discuss the possible acquisition of land, pursuant 1 M.R.S.A. § 405 (6) (E).

ACTION: Council action is not likely but possible at the conclusion of the Executive Session.
Summary
This matter involves a discussion relative to the Town Council's position on settlement negotiations with Falmouth on the Green (FOG). FOG is the homeowners association for residents that live at the Falmouth Country Club subdivision. The negotiations are about potential litigation between the Town and FOG related to an extended sewer line on Winn Road, which FOG installed as a private extension of public sewer in accordance with the Town's Code of Ordinances. This discussion is also about possibility of the Town accepting the Winn Road extension and collection systems within FOG. This matter has been before the Council for several years with a recent effort by the Council and FOG to resolve the matter. The Town Manager will be seeking negotiating guidance from the Town Council with regard to a settlement. If this matter can be conceptually agreed upon with the Town Manager as the Town's negotiator, this matter will be brought back to the Council at a later date for a public vote.

The Town Attorney and Sewer Superintendent will attend this executive session.

1 M.R.S.A. § 405 (6) (E). states the following: Consultations between a body or agency and its attorney concerning the legal rights and duties of the body or agency, pending or contemplated litigation, settlement offers and matters where the duties of the public body's counsel to his client pursuant to the code of professional responsibility clearly conflict with this subchapter or where premature general public knowledge would clearly place the State, municipality or other public agency or person at a substantial disadvantage.