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HomeMy WebLinkAbout1949-11-22SELECTMEN'S MEETING November 22, 1949 A special meeting of the Board of Selectmen was held on Tuesday evening, November 22, 1949, at 7:30 P. M. Chairman Emery,•Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. • The Chairman reminded the Board that no definite action -had been taken relative to the request submitted by Harold Michelson -on behalf of the Chamber of Commerce, for permission to Conduct a drawing in Cary Hall on the evening'of December 27th. Mr. Gay -felt that the permit should be granted inas- much as -the proposed drawing is an effort to stimulate business in Lexington. The Chairman reminded the Board that at least one church has been denied permission to conduct a penny sale in Cary Hall and if this application were granted it • would be difficult to refuse permission for penny sales. Mr, Nickerson said that he thought the drawing favored:of a distinctly commercial use of the hall. Mr, --Hoyt felt that -it -was a situation that the Selectmen could always control and does not necessarily establistc a precedent, He said that he disliked to refuse the business men in town. Mr. Driscoll said that there was no question in his mind but that this use would be commercial. He also men- tioned that the Sacred Heart Church has been told that no more permits for penny sales -would be granted. He also stated that the V. F. W., who are financially embarassed, also have been denied permission t� conduct penny sales. Mr. Nickerson said that he did not think business' would be increased as a result of the -proposed drawing. Mr. -Nickerson moved that the application be denied in the interest of being consistent with policy established in the past with respect to penny sales: Mr. Driscoll seconded the motion and it was so voted. The Chairman suggested that the Town Office be closed Town Friday noon before the Christmas holidays and Friday at five Offices o'clock.before New Year holidays. Mr. Hoyt moved that the suggestion be approved. Mr. Driscoll seconded the motion and it was so voted. At 7;45 P. M. Mr. Edward B. Cass, applicant for the Town postion of Town Counsel, met with the Board. Counsel The Chairman informed Mr.`Cass that it has been said, and he thought .very truthfully, that the Town Counsel receives calls at all hours of the day and night, either at his office or at his home. 453 Permit Denied 454 Mr. Cass said that he was used to receiving calls now and did not believe there would be any change. Be said that the calls he receives are in connection with general practice but he assumed that they would be accent- uated which would not disturb him. - The Chairman said that he did not know whether or not Mr. Cass knew what the position involved and Mr. Cass. said that he had -seen Mr. Lynch at Town Meetings and he also knows personally the Town Counsel at Hingham. He said that he did not know the volume of work but had a very good idea of the mature of the work. He stated that he is familiar with the Town By-laws. The Chairman explained that tho.Town Counsel is at the disposal of any Town Committee, -Board or Officials. He stated that the -town has been growing and will continue to grow for the next several years which means that every phase of town activity has its legal aspects. He explained that the Town Counsel might have to appear before the Appellate Tax Board, handle suits against the town, approve revision of by- laws of any Board or Department, and prepare articles for Town Meetings. The Chairman explained that the Board is of -the opinion that whoever is appointed to the position should, at least for the next year, meet with the Board every Monday night when the Superintendent of Public Works -is present._ He'said that --there might be other problems not involving the Super- intendent and it might be necessary for the'Town-Counsel-to` spend from one to two hour$ with the Board on Monday -nights. He explained that the Board also has in mind the -possibility of having the Town Counsel at the Town Offices one morning or one afternoon'each week where any town official could consult with him. -He stated that the position includes every- thing that the present Town Counsel does, plus attending the' meetings Monday nights and spending time at the Town Offices. The'Chairman explained that -the Board has not arrived at a definite decision as to whether it would be wise to at- tempttto figure an -overall fee or to eliminate trial work and include everything else. He explained that whatever fetaining fee the Board recommends or establishes would in-` elude everything mentioned with the exdeption of trial work. He asked, with this brief background, if Mr. Cass were still interested, -Mr. Gass replied that he definitely is and is about what he expected. He said that he has not given muchtthought to the fees or time involved because he felt that the fee would be reasonable and he is ready'to give the tfine'both as to the afternoon and'evening work. Mr. Cass explained that he.is in business for himself fut there are three lawyers invone dffice. However, each one has his own'secretary and there is no comml,ttment'between them as to time. Be stated that he is entirely independent of anyone, and arranges his schedule to suit his clients. The Chairman said that the Board would expect the new Town Counsel, between now and Januaryfirst to attend whatever meet- ings the Board:might ask him to and he should attempt to ac- quaint himself with cases that may be pending and to give all halal 1 the time he can between now and January first. He ex- plained that he did -not know whether or not the Appro- priation Committee would feel that anyone should be paid for this time. Mr. Cass said that he did not think it would be ' right to ask -the Appropriation Committee and that he would want to spend as much time as poesible because he thought he would learn a lot from Mr. Lynch. He said that there'is no'sense in taking the position withou doing a good job.- He said that he prides himself --in ' doing good work and would like to bring himself up to date. ' The Chairman asked if Mr. Cass and done any trial work and he replied that he'has done quite a bit -for Sawyer, Hardy, Stone and Morrison.' He stated that he has done Superior Court trial work. He has had one or two criminal cases. The -Chairman asked him, for the benefit of the Board, to review his activities in Lexington. Mr. Cass said that he came to 'Lexington ten years ago and has lived at 8 Hillside Terrace during that time. His first activities were in connection with legal advice to the Auxiliary Police and ha -taught them law courses. He joined the Sportsments Club, activities at the school, cub scout work and takes a moderate interest`in the social activites such as Arts and Crafts. He said that he worked his way -through college as a fencing master and went to Europe as a fencer. He went to Boston College and Harvard Law School. ' The Chairman inquired about his military-servica and he said that he was with a four -man intelligence team on Attd and ran about four'raids a week. At the end of the war he was with the Army for eighteen months as a laison Officer on the same island. The Chairman inquired as to who he -studied under at Harvard and he mentioned the following names: Pound, Thurston, Forte, Frankfurter, Maguire, McCurdy, Williston, Gardener, Warren and Scott, The Chairman asked if the members of the Board had any questions. Mr. Nickerson asked if he would prefer to -spend an after- noon at the Town Offices rather than a morning, and Mr Cass' said that it would not make any particular difference to him. 'Mr. Driscoll asked if his court cases would be it the morning and'he replied that usually they are cleared up by one o'clock. He explained that he is not incourt very much, not more than two'or three times a month. "Heesaid that most of his time is spent in his office but he does like oourt work: He stated that he represents the South Boston Savings Bank; Gardnerv.Savings Bank and.does-some_New England Mutual work.- His trial work has been referred work from other attorneys. He said that he has always been interested in town law and believes it is important to know where to find the law when it is needed. 455 456 He explained that he has done considerable re- search work and'is-not afraid to tackle any problems He said -that he does know how to research law problems and he thought that would be important -in town work. Mr. Hoyt asked if he were trying to develop a practice in Lexington and Mr. Cass replied that he has a small practice in town. He takes what homes along but he is not making any attempt to develop -it.- He stated that he is definitely interested -in town -legal business. Mr. Hoyt -asked if he had much practice with business men in town and he replied in the negative. 'He said that most of his -local -work is for individuals who have wills to be drawn, conveyance problems 'automobile accidents, etc. The Chairman said that if Mr. Cass were offered the position and decided to take it, he would have to draw a definite line between the town's business and citizens' business. Mr. Cass -said that in the last year he has only handled three or four local cases and that'his practice is 99% from his Boston contacts:, The Chairman asked -if the fee for the position:wasa a controlling motive and Mr. Cass replied that he does not know what Mr..Lynch has been receiving. The Chairman informed'him that the Board is thinking now of-somewhere'around $3,000., possibly a little higher. He asked what Mr. Casst fee would be per -day for trial work and he replied that if there its a regular course of trial work it would be less than the usual $100 a day. He said that he might expect at -least $75 for a full -day's trial. The Chairman said that the town has been paying $100-e day' but it is expensive work going to court at that price. Mr. Cass staid that for a full daytffi court'appearance for a client able to afford it, his charge is $100". He suggested that the Board consult the fee schedule and he -thought the minimum is $75 for Superior Court and $50 for District Court. He said that he thought $75 would be sufficient for Superior Court and $50 for"District Court would be fair. Mr.'Hoyt said that if the Town Counsel were to confer regularly with the Selectmen and meet the Department heads it might be possible to avoid some of the court'work and there:- fore here=fore be more economical to pay a legal fee than a court fee. The Chairman said that the Board would like to'keep out of court whenever possible; not entirely because of the money, but it'indicates that the town is;in trouble. Mr. Cass said that n� one makes any money in court which to him is -the last resort. -He said that he prides-hiinsdlf in being able to keep`out of court, but said when he is in.court he does a good job, The Chairman said that the Board would let Mr. Cass know what is decided within three or four -days. Me retired at 8:25 F. M. and Mr. John F. Groden met with the Board. sai 1 1 457 The Chairman inquired as to where he went to school ' and he replied that he lived most of his life in Cambridge, graduated from Harvard Law School and practiced in -Boston. He is a partner With the firm of Withington, Cross, -Park & McCann in -Boston. He said that he has four children two going to the Adams'School and he intends to make Lexington his permanent home. Mr. Groden said that he was in -the Navy during the War - four and one-half years, a Lieutenant Commander. He said that he is a member --of the Bar, Massachusetts Disbrict Court and Court of Claims. He said that his office is somewhat of a -, variety. They defended Miss Van Waters and are now defending Alger Hest and he has done considerable trial work. He said that his office has a fairly general practice of all types. He explained that when Dick Cromwell and Clarence Smith told him he should have some civic interest he discussed the subject with his partners and was warned that the job was somewhat time consuming. In the event of vacations, absence because of trial work, etc., his partners'would take over -so that the town work would not be disturbed. With this assurance from his partners he applied for the job. He said that he has been told there is some slight -discrepancy in the time consumed and the compensation. The Chairman informed him that ther is a wide discrepancy. The Chairman asked how long he has lived in Lexington and he said that he came to Lexington a. year ago in February. The Chairman said that the Board will require the Town Counsel to attend the Selectmen's meeting every Monday night for about a hour or an hour and a half. He explained that the Board is thinking about having the Town Counsel spend a few hours one morning or one afternoon each week at the Town Offices. The Chairman explained that the Town Counsel, according to town by-laws, would be"consulted by any Board, Committee or Department of the Town. He -would also have to prepare the argicles for the town warrants.. He explained that the Town Counsel is not immune from telephone calls at home any evening. In the event of court cases, the Town Counsel would have to do the trial work. He explained that the Board naturally desires to avoid court cases whenever possible. He informed Mr. Groden that the town paid Mr. Lynch $2,200 plus court work and the Board is thinking of $3,000 or a little more on the same ba§is but including attendance at Selectmen's meetings and one after- noon or morning each week to be spent at the Town Office Build- ing. He explained that there is a lot of work involved which, to a certain extent is seasonal, particularly when approaching the Town Meeting. The Chairman asked what class he was in at'.Harvard and he replied 1933. He said that he appreciates there are demands and as far as attending the Selectmen's meetings all he could say was that the Selectmen have to attend. The Chairman explained that everything the Town Counsel does is not likely to please everyone. Mr. Groden said that he thought that was part of the pries to be paid. The Chairman explained that Mr. Lynch will be through January first and whoever takes the job should orient -himself between now and then, presumably at no remuneration. 458 Mr. Groden said that be thought that was an excellent idea. Mr. Hoyt asked if his firm would be serving the town or if Mr. Groden as an individual would serve the town. He replied that he only mentioned it because having partners, before committting himself, he had to discuss it with them. They said they would go along. He said that he had in mind the times of vacations, possible illness or something like that. If he were not in the office because of any of these reasons, someone else would be reinforcement when -the town needed it. The Chairman inquired about his fee for trial work. Mr. Groden said that it varies with with the nature of the work. The Chairman said that Mr. Lynch has been receiving $100 a day and the Bbard has no doubt that it is a fair fee but the Selectmen have to consult other Boards on financial matters. Mr. Groden said that in view of the natfire of the com- pensation he thought 0100 a day for trial work would be ac- ceptable. The Chairman asked about D. P. U. hearings and Appellate Tax Board hearings. Mr. Groden said that if,only a few hours were required the price might vary and would depend somewhat on the preparation. If it is a simple matter of an hour or an hour and one-half, the fee would be less. Mr. Groden said that he really would be interested in the work, perhaps as his contribution to the town. He ex plained that he is not a person with a lot of free time and if the Board wanted someone like that he is not the person. However, between he and his office he thought he could take care of the town's problems. He stated that he spends a . great deal of time in court. The Chairman said that the Board will arrive at some decision within the next week and let him know either way. Mr. Groden retired at 8:45 P.•M. and Mr. Paul MacCormack met with the Board. The Chairman said that the Board had not received any written brief from Mr. MacCormack and asked if he would give the Board some information. Mr. MacCormack said that he graduated from Boston Gram- mar School, Dorchester Junior High School and Arlington Senior High School. For the period 1933-34 he was Clerk for C.C.C.; 19344937 Clerk -Stenographer for the U. S. Army; 1937, U0 3. Shipping Commissioner; 1938 Administrative As- sistant, S. Immigration and Naturalization Bureau. He left to ewer the serviceandwas a 2nd Liettenant. He was honorably discharged June, 1946. He said that of the assign- ments in the Army, the one that might be of interest to the Board was his position as Acting Judge Advocate. He said that he had to act because he was in the AdjutantGeneral's Department, at the training center at Fort Devens. He said that he was admitted to the Massachusetts Bar in 1943while he.was still in the service. He took the ex- amination in Taxes but had tocomeback to take the orad examination. L Issmal 1 He explained that Hendrick, Hitchcock and Shattuck were on the Examining Board. He said that he was asso ciatedArith Albert E. Saunders, tax consultant, 11 Beacon Street. He has been working more and more in Lexington although he still has an office in Boston. He said that he obtained his experience in Boaton but most of his work has been through his Lexington office. He said that-he has had a few tort'trial cases in Waltham, Cambridge, Malden, Brighton and Boston Municipal Court. He has had some cases is Middlesex Superior. Mr. MacCormack stated that he has become rather familiar with tort cases and with land court procedure and things"re- lating to real estate in general which he thought was the bulk of what one gets in a town-like Lexington. - He stated' that he has tried two building conikract cases successfully. The Chairman asked if the fee that the Board might redommend was of primary importance and Mr. MacCormack re- plied in the negative. He said that he liked community work. He said that everyone likes to"be paid a good fee but that is not uppermost in his mind. The Chairman explained that the Town Counsel receives many 'phone calls at his home, nights,-holidays and Sundays, He further stated that the Selectmen would expect him to attend all the Selectmen's meetings on Monday nights. Mr. MacCormack said that he thought he might°be in a better postion'in that respect than some others. Mr. Nickerson explained that the Bard is trying.to regu- larize the Town Counsel postion and to prevent the expense, of-court cases by having the Town Counsel attend the Select- men's meetings and also plan to be at the Town Offices for consultations regularly one afternoon or one morning each week. The Chairman said the. Board would make a decision within a welsh because whoever is appointed will have to start right in and work for nothing until the forst of January; Mr. MacCormack retired at 9:05 P. M. and the meeting adjourned. 459