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Basalt legal bills mounting

The legal bills are mounting in the town of Basalt after a tumultuous year for the municipality.

 

In an Aug. 23 council meeting, Basalt resident Denise Latousek said publicly that the town paid Aspen-based attorney Tom Fenton Smith well over $250,000 last year. When asked by Aspen Public Radio what source she cited, Latousek referenced “individuals who have looked into the matter.”

But Smith said that amount is not accurate. He said the total paid to his firm in 2015 was just over $87,000. And, because of increased litigation, work on this past spring’s election and some controversial politics in play, the town’s bill this year through August is almost the same amount as all of 2015.

The town of Basalt is one of the few local governments in the valley that has an attorney on contract rather than a salaried position. Smith, a partner in the firm, Austin, Peirce & Smith, charges the town of Basalt $195 an hour. If it’s work done on a land use issue, the hourly rate increases to $260. That’s lower than most attorneys’ rates in the private sector.

Smith said being on contract is less expensive for the town than having a full-time attorney. Most of those positions in the valley have salaries well over $100,000. Basalt’s town government has been criticized by residents in recent months for not only its deal with Smith but also the amount of executive sessions council has had with him.