Simsbury, CT - Board of Selectmen Minutes - January 31, 2007 Special Meeting

The Special Meeting of the Board of Selectmen was held in the Main Meeting Room of the Simsbury Town Offices. Present were: Deputy First Selectman Joel Mandell; Board members John Romano, Moira Wertheimer, and David Ryan. Others in attendance included: First Selectman Thomas Vincent, Attorney Bob DeCrescenzo, Robert Wise, and Attorney Fredericks.

Mr. Wise said he loves Simsbury, but has two objectives for this meeting. One was the completion of the contract dated March 2002 with implementation of the final terms. The second item deals with Attorney Bob DeCrescenzo’s service to the Town.

Mr. Wise said he would like to discuss the completion of the contract write-up he gave the Board. He said all of the facts were filed on November 13^th with the Board. He had also given the Board a 12-page affidavit. He said the facts of this affidavit are verified facts with respect of the issues involved; the completion of the contract and the activities of the Town’s attorney.

Mr. Wise said all of the facts, that are significant, have been verified and are in the affidavit. Mr. Wise said he came before the Board in October at the High School, there was a question if there should be a meeting or not. He had said if there isn’t an affidavit to be filed by Attorney DeCrescenzo, the facts are clear on this open matter. Mr. Wise said he received a simple assertion of facts, but no affidavit, on January 19^th or 20^th.

Mr. Wise said in March of 2002 there was a settlement agreement between Mr. Vincent, Attorney DeCrescenzo and himself. The contract was to end three cases, pending at the time, and bring them to conclusion without any other legal expenses. He also told Mr. Vincent that he had gotten a copy of a letter that Attorney DeCrescenzo had sent to the Grievance Committee back in September of 2000. This letter exonerated three people from having to due with the fraud against the ZBA in 1998.

Mr. Wise said from March to August of 2002, he, Mr. Vincent and Attorney DeCrescenzo would meet about once every two weeks to go over the contract, which they called the “Settlement Agreement.” Mr. Wise said he kept asking for facts on the exoneration of the three people and therefore his exoneration was false. In August 2002, he asked for the deposition of Peter Stepien. His deposition was taken. Mr. Wise was then convinced that a fraud had occurred and the facts were being covered up.

Mr. Wise told Attorney DeCrescenzo that there was a motion filed to obtain sanctions, in favor of the Town to recover, from Attorney Mark Mercier’s Firm, in the amount of $30,000, as a consequence of the fraud.

Mr. Mandell asked who made the motion. Mr. Wise said he did to recover for the Town. He went forward with the affidavit to establish fraud. He went to Attorney DeCrescenzo and said Attorney Mercier has responded to his affidavit and has no facts to say there wasn’t a fraud. He asked Attorney DeCrescenzo for facts, but Attorney DeCrescenzo said he didn’t have any facts to support the innocence of the people. Mr. Wise went to Mr. Vincent and told him there was a problem. He asked Mr. Vincent to remove Attorney DeCrescenzo from this case so he could go before a judge and argue for the recovery of the $30,000 for the Town. There was no removal of Attorney DeCrescenzo.

Mr. Wise said in September 2002 Attorney DeCrescenzo asked for his proposal of terms. He gave the proposal to Mr. Vincent. However, he would have to accept whatever terms of the Settlement Agreement the First Selectman made. Mr. Vincent never gave him a proposal of final terms even though he had to accept them.

Mr. Wise said he sent a letter to Mr. Vincent on February 2003, asking Mr. Vincent to respond by March 7^th, asking for re-affirmation of the mutual accord to bring the settlement agreement to a conclusion and also the initially proposed reasonable terms. Mr. Vincent didn’t respond to the letter. However, he received a letter from Attorney DeCrescenzo saying the settlement agreement was a nullity. Mr. Wise said that agreement had also been ratified. Mr. Wise had withdrawn one of the cases, that he was required to do under the settlement agreement, and Mr. Vincent later made a proposal of service.

Mr. Wise sent a letter to Mr. Vincent on March 21,2003 saying it was a formal demand for the proposed terms to settle. He has to accept the reasonable terms. He also sent a letter to Attorney DeCrescenzo saying he can’t call the document a nullity. This document needs to be completed. Also, there is law in CT for “bad faith.”

Mr. Wise said he received a call from Brandon Robertson saying there was going to be a meeting to hopefully resolve the issue. On March 31, 2003 he went to the First Selectman’s office, but Attorney DeCrescenzo left. He spoke to Mr. Vincent. His conclusion of the meeting was that the proposal under the settlement agreement with $10,000 to Mr. Wise. Mr. Vincent would also take care of a Zoning regulation appeal.

Mr. Wise said there was another meeting on April 7, 2003 with Mr. Vincent. Mr. Wise put together a letter called “The Accepted Terms of April 7, 2003” which showed the $10,000 going to Mr. Wise, and the continuation of appealing the Zoning Commission. Mr. Vincent said he wanted to speak to the entire Board of Selectmen.

Mr. Wise said in May 2003, he sent a letter to Mr. Vincent asking for implementation of the terms of the $10,000 and zoning regulations. He didn’t hear from Mr. Vincent, but did get a letter from Attorney DeCrescenzo and asking for Mr. Wise to file briefs on the appeal so it could go forward on to the court calendar. The trial date was scheduled for January 12, 2004. Mr. Wise said he did a lot of work for this appeal to take place.

Mr. Wise said he sent a letter in December 2003 to Mr. Vincent, asking for $77,000 for the added work he did on the appeal. This would bring his total amount due to $87,000. Mr. Wise said that if he didn’t hear back from Mr. Vincent that would be his passive acceptance. He didn’t hear back from Mr. Vincent.

Mr. Wise said on January 7, 2004 the proposal made back in December, was put into a final acceptance term document, which was reasonable for the additional work done. There was no response from Mr. Vincent. Mr. Wise served Mr. Vincent with a supeona to appear on January 12, 2004. Mr. Vincent didn’t show up on January 12, 2004. There was a motion to quash in the court. The court never heard this trial. The trial went forward and the amendment was upheld. Mr. Wise made motion to re-argue on false evidence, but it was denied.

Mr. Wise said there is a rule (either 3.1 or 3.3) on professional conduct not to use false evidence. If it is determined that false has been used, a remedy will be invoked. Mr. Wise wrote a letter to Mr. Vincent and Attorney DeCrescenzo stating the false evidence and he would not appeal. A remediation should occur. They need to go back to the settlement agreement.

Mr. Wise said in August 2004 said he made an amendment to the terms of the settlement agreement and he put Mr. Vincent and Attorney DeCrescenzo on notice that if they went forward with the appeal that Mr. Wise would request full payment of his services, $200/ hr.

Mr. Mandell said the law in the State of CT says without a signed agreement there are no legal fees owed to Mr. Wise. Mr. Wise said this was a breach of a settlement agreement. He said that on March 22, 2002 that there was a signed agreement by Attorney DeCrescenzo for the Town. Mr. Mandell said this is not a signed contract.

Mr. Wise went over what his understanding of the agreement was again. Mr. Wise said in March 2005 he once again requesting the contract be completed. He also gave the Board of Selectmen an affidavit asking for the settlement of this agreement for $10,000. His asked for implementation of the terms of the agreement. Mr. Wise has asked many times for the implementation of the contact agreement and his $10,000. He feels Attorney DeCrescenzo just wanted to keep this going as he gets paid more if it keeps going. Mr. Wise also feels that Attorney DeCrescenzo gave false exoneration as he didn’t have facts to support the parties and he asked that Attorney be removed as Town Attorney.

He said CT law provides that contracting parties have an implied covenant of good faith. He wants to bring the covenant to an end. He feels the case should have been over with back in 2002. Mr. Wise has to accept whatever the agreement of terms is. He feels Attorney DeCrescenzo has been dishonest and deceptive to the Town. Mr. Wise would like Attorney DeCrescenzo, in a judicious way, recognize the wrongful matter and go forward with the implementation of the terms. He feels the Town needs an honest attorney, and therefore

requests on behalf of the Town that he be held accountable. He feels Attorney DeCrescenzo should have to pay the Town back for his added expenses as the terms should have been settled a long time ago. Mr. Wise wants accountability.

Attorney Fredericks said the Town does have a honest attorney. She said Mr. Wise’s first lawsuit was dismissed for non-appearance of Mr. Wise. Mr. Wise then reinstated an action but it was withdrawn after a hearing before Judge Wagner. It was made clear that the Zoning Enforcement Officer had never signed a contract. The Zoning appeal was hear by Judge Beach, who did not find it to be an enforceable contract either.

Attorney Fredericks said that Mr. Vincent was “on call” in case the Judge needed him, but Judge Beach denied the motion for reconsideration. Attorney Fredericks gave the Board all of the transcripts.

Attorney Fredericks said there are no substantial facts for this allegations against either the Town or Attorney DeCrescenzo. Updike and Kelly has a retainer agreement and had prepared over 200 pages of responses.

Attorney Fredericks read a letter that Attorney DeCrescenzo sent to Mr. Wise on March 5, 2003. He told Mr. Wise that the agreement was a nullity. Mr. Wise was advised once again not to speak to any employee of the Town about the matters at hand.

After further discussion, Ms. Wertheimer made motion for the Board of Selectmen to deny the request of Robert Wise, to remove Attorney Bob DeCrescenzo as the Town Attorney. Mr. Romano seconded the motion. Ms. Wertheimer made motion for the Board of Selectmen to deny the request of Robert Wise to complete an alleged contract/settlement agreement by implementing the alleged accepted terms of 804. Mr. Ryan seconded the motion.