Board of Selectmen's Minutes - January 24, 2008 (Special)


1 Special Board of Selectmen’s meeting

January 24, 2008

Present: First Selectman Woody Bliss; Selectwoman Gayle Weinstein; Administrative Assistant Judy DeVito.

Recused: Selectman W. Glenn Major

This meeting was recorded. The tape is available in the Selectmen’s office.

Mr. Bliss called the meeting to order at 11:05am

Discussion/decision regarding Mission Statement for Select Committee for Legal Review- After some discussion it was decided that the Mission Statement for the Select Committee on Legal Review be revised. The following is the revised Mission Statement.

"The mission of the Select Committee on Legal Review is to offer an opinion on the quality of legal council and fee structure provided by Cohen and Wolf. Additionally, the Committee is charged with determining whether an alternate arrangement might be in the best interest of the town. The Committee may ask the town to solicit proposals from other law firms.

"They will review closed and settled legal cases from 2000 to 2007 involving the Town of Weston and its Boards, Commissions and departments. They will also review any signed contracts during the same period. They should report their findings to the Board of Selectmen by June 30, 2008 or sooner, if possible.

"The Committee shall be composed of seven members of the Weston Community who have no conflicts of interest. One member will be designated Chair by the Board of Selectmen. The Committee shall engage such volunteer advisors as they deem appropriate. Initially they shall have no expense budget to do their work, but shall be free to request funding from the Board of Selectmen, if they deem it appropriate and necessary to their work.

"The Committee will be appointed at a special meeting of the Board of Selectmen on Thursday, January 24, 2008 and the Committee shall terminate on June 30, 2008."

There will also be additional comments which are as follows: "Additional Comments Regarding the Mission Statement of Select Committee on Legal Review

"The review shall include (1) handling of law suits and results, (2) effectiveness of contracts in representing the Town’s interests, (3) taking testimony from board and commission members, town employees and members of the public.

"Possible options to consider are (1) taking into account all accrued costs, should the town retain a fulltime attorney at a fixed fee (salary)? In addition to advising us, such

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attorney would oversee all litigation and help obtain outside counsel if necessary, (2) should we consider hiring a different firm, at the same fee structure or a different fee structure, perhaps paying on a fixed cost basis for all matters including litigation? (3) should we continue to retain Cohen and Wolf, but negotiate a better or different fee arrangement? (4) should we continue to retain Cohen and Wolf at the current negotiated rate?

"The review shall not include (1) review of open law suits, open appeals or unresolved settlements, (2) contracts currently under negotiation."

Ms. Weinstein made a motion to accept the Mission Statement for the Select Committee for Legal Review as amended on January 24, 2008. Mr. Bliss seconded.

Mr. Walpuck, Indian Valley Road said that a couple of years ago, after the Lachat debacles he had asked Mr. Bliss and Mr. Major why we were not looking at Cohen & Wolf’s error and omissions policy to compensate the town for some of the money that had been wasted. He felt that the committee should have the power to recommend that some of cost should go back to Cohen and Wolf’s errors and omissions policy.

The motion passed unanimously.

Discussion/decision regarding the number of members on the Select Committee for Legal Review- Mr. Bliss said given that we had sixteen applicants, he thought that we should have a committee of seven members. He said that the amount of work that needs to be done that they may have to have sub committees. Ms. Weinstein said that three was a wrong number and seven was too many.

Ms. Weinstein made a motion to establish a seven member Select Committee for Legal Review. Mr. Bliss seconded and the motion passed unanimously

Discussion/decision regarding selecting members for the Select Committee for Legal Review- Both Ms. Weinstein and Mr. Bliss said they were really pleased with the quality of candidates in general. After much discussion the item was tabled to another meeting which will be scheduled next week.

At 12:05pm Ms. Weinstein made a motion to adjourn the meeting. Mr. Bliss seconded and the motion passed unanimously

Respectfully Submitted

Judy M. DeVito

Administrative Assistant

Approved 02/07/08

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