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HomeMy WebLinkAbout1949-11-28463 SELECTMEN'S MEETING November 28, 1949 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Build- ing on Monday evening, November 21, 1949 at 5:00 M. Chairman Emery, Messrs. Gay, Driscoll, Nickersdn and Hoyt were present. The Clerk was also present. Mr. Alfred P. Tropeano, applicant for the posi- tion of Town Counsel, met with the Board. The Chairman asked if he thought there might be attorneys interested but who had not applied -from a point of ethics and Mr. Tropeano said that this is on the border line of solicitation. He said that Tropeano there was nothing in the local paper that would re: Town indicate that the Board would entertain applications. Counsel The Chairman explained that the Selectmen plans to have the new Town Counsel meet with the Selectmen every Monday night at the same time the Supt. of Public Works meets with the Board and also to'spend one morning or one afternoon each week at the Town Office Building. He explained that these are in addition to the duties now performed by Mr. Lynch. He further stated that the Board has been considering a retaining fee of $3,000 per year, including D.P.U. hearings, but not including any Court work or Appellate Tax work. Mr. Tropeano said that he believed most Town Counsels met with the Selectmen every meeting. .He said that he thought it would be a very good idea to have the Town Counsel available at the Town Offices for Town personnel. Mr. Tropeano informed the Board that he attended Lexington Public. Schools B. U. College of Administration, B.U. College of Law, L. L. B. He was born in Lexington and has always lived here. He passedthe bar in 1934 and was with the Legal Aid for three years, try- ing cases. This came -about through attorney Clapp who felt that general expe ience could be -obtained through working with the Legal Aid. He said he spent three years there without salary and one year for $25 a month. He said that the work was varied and he spent practically every day in court. He then went -into business for himself, after refusing a .number of offers from law firms. He said that five years ago Mr. Bidwell asked him to work with ,him and he has been there ever since. He explained that most of his work has been referred from other lawyers.. He has done a great deal of corporate work, drafting, agreements and probate work, but only a few criminal trial cases. He explained that his office has had a tremendous amount of municipal work during the past three years. The Chairman inquired about his fee for trial work and Mr. Tropeano replied that it depends on the 464 Court and somewhat on the type of case. He said that the fee for Superior Court work is usually $100 a day and $50 or $75 a day in the lower Court. The Chairman asked about Appellate Tax work and Mr. Tropeano said that it should not exceed $75 a day. Mr. Tropeano informed the Board -that one reason he is interested in the position is the fact that a great portion of his work comes from other attorneys and it -is laborious. He seldom sees the client -and w would just as soon get away from it. He said that it is not the heavy lucrative practice. Mr. Nickerson emphasized the fact that there is a lot of evening work. Mr. Tropeano said that he knew what it was and it would not worry him any. He said that he felt anyone accepting the appointment should consider that the Town work should be given first consideration. Mr. Tropeano said that he did not brnink, however, that the Town Counsel should advise on.policy or anything like that. Mr. Nickerson said that the Board would endeavor to appoint someone who will take the position and stay with it for some time, Mr. Tropeano said that his practice has grown so that he can almost make a living out of Lexington and.some day he may give up his Boston office. He stated that if he could make a success of it, he would open an office in Lexington, but that is something that would have to wait for a few years. Mr. Gay asked if the bulk of Mr. Tropeanots busi- ness being in Lexington might prove embarrassing to him if he were appointed Town Counsel and he replied in the negative. He said that he did not think there would be any interference. - Mr. Tropeano retired at 7:35 P. M. Mr. Errol H. Locke, Messrs. Hopkins, Brask and Hathaway, of the Committee on the Advantages and Disadvantages of having a Town Meager met with the Board and discussed the subject in general. (The Clerk was not present, having been excused to place some telephone calls for the Board.) Mr. Franceschelli and his son met with the Board relative to the proposed -sewer installation in Grape- vine Avenue. From his remarks it would appear that his property is farm land and he claims it will not be benefitted from the -sewer. The Chairman -explained that he would have to confer with the Board at such time he receives a bill and until such time as the sewer is installed and the cost actually determined he did not think anything could be worked out. He explained that under the Betterment Act all abutting properties are in theory benefitted but there may be some in- stances that are not without remedy. 465 Mr. Franceschelli agreed to write to the Board and point out the fact that the land is used for Frances - farming, with the exception of his house lot, and ehelli sewer ask that any betterments be deferred without inter- betterment est until such time as the land 3s sold or built upon. The Chairman said that he is not in a position to bind any Board, but if Mr. Franceschelli were in doubt or not satisfied it would be in order for him to consult his attorney. The Selectmen prefer not to have attorneys in on such matters as they think it is not always necessary. However, the amount involved is approximately $2,000 and if Mr. Frances- ehelli would feel better to have an attorney represent him it would be all right with the Board. If not, the Chairman assured him that he would receive just- ice from the Selectmen. The Franceschellis retired at 8:30 P. M. Letter was received from Mr. Lynch with refer- ence to the Albert F. Louglass, et al v. Lexington Assessors case. The case is to be tried bdfore the Appellate Tax Board on Wednesday, Wanuary 4, 1950. Mr. Lynch stated that, with the consent of the Board Of Assessors, he engaged the services of JOhn F. Murphy as an appraiser. He asked the Board to advise him on the case so that he_oan advise Mr. Murphy whether he is to continue as an appraiser for the Town. Letter was also received from Mr. Leland Emery, Chairman of the Board of Assessors, stating that Mr. Murphy's -fee appears to be much higher than that of Ir. Joseph'Leighton who appeared for the Assessors in the Stevens case. The Chairman was authorized to inform the Town Counsel that the Board of Selectmen is unanimous in feeling that theuestion as to whether this matter goes to trial and/or any preparations with refer- ence to it should be settled by the Board of Assessors and the Town Counsel. The Chairman read a memo from Dr. Edward F. Bowman, 322 Beacon Street, with r eference to Officer Harvey Harvey's application for retirement due to a disability retirement received during the performance of his duties. Action was deferred pending receipt of more infor- mation to be obtained by the Chairman. Mr. Harold Stevens, applicant for the postion of Town Counsel, met with the Board at 9:05 P. M. Stevens re: The Chairman explained that Mr. Stevens had Town Counsel been requested to be present this evening inasmuch as all members of the Board were not at the previous meeting when he was interviewed. The Chairman asked if the M.D.C. position Mr. Stevens mentioned was for a term of years and Mr. Douglass tax case 466 Stevens replied that he was appointed to fill an unexpired five-year term. His term will expire three years from February or March. The Chairman inquired as to the type of work involved and Mr. Stevens explained that the Commission operates the water works, sewage disposal plants, Park Cove. missioners, Police Force, highway and buildings. They do get some legal questions but they are incidental and the work is largely administrative and executive. They meet every Thursday at one,d'clock. The Chairman stated that the Selectmen hope that the person appointed to,the position will take it for a long term of years. Mr. Stevens said that is the way he has looked at it. The Chairman asked how much trial work he had done and Mr. Stevens replied that he has been in all the Courts in Massachusetts and also in the U. S. Supreme 'Court. The Chairman explained that the Selectmen are thinking about a retaining fee of 43,000 which will include all conferences and D.P.U. hearings, but will not include trial work. He asked Mr. Stevens about his fee for trial work. Mr. Stevens said that he did not believe any standard could be aet. In each case, one would have to take into consideration the amount of time involved and preparation necessary. The Chairman asked if he would fix a rate for the town and Mr. Stevens replied that he would work out a rate that would be mutually satisfactory. He retired at 9:10. Letter was received from Mr. & Mrs. Anthony P. Zarella, 15 West Court Terrace, Arlington relative to Veterans Lot #17 Cedar Street. This lot has been sold and conveyed to one Roy Hutt who has now Vet. built a house on Grant Street. According to the Lot agreement signed by Mr. Hutt the lot cannot be re- . sold for a period of two years from the date of the deed, but he does not intend to use the lot and is willing to sell it to Mr. & Mrs. Zarella. The Clerk was instructed to find out from Town Counsel whether or not there is any way to solve this problem. Sick leave The Chairman read a letter from the Clerk of the Board of Assessors with further reference to. the Town Treasurer's refusal to release Mrs. Sullivan's sick leave pay checks. Letter was also received from Mr. Carroll ask- ing if it is the Board's intention that Mrs. Sullivanshould be paid an additional two weeks sick leave. Z.0 There seemed to be no misunderstanding on the part of the Board and it is the intention of the members to pay Mrs. Sullivan for the sick leave put through by the Board of Assessors. Application for the use of a conference room on December 5, for a 4-H meeting was received. Use of Mr. Gay moved that the use of the room be Hall granted, free of charge. Mr. Nickerson seconded the motion, and it was so voted. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to grant the =owing licenses: Fred N. Viano 1794 Mass. Avenue Sunday Movies Berman's Market 12 Mass. Avenue Package Goods Store The following individuals were selected to serve on the Committee authorized by Special Town Meeting, November 14, 1949 to submit recommendations with reference to possible precinct revisions: Charles T. Abbott, 26 Richard Road Precinct 1 James A. Harding, Jr., 14 Highland Ave.. " 2 Gardner C. Ferguson, 54 Burlington St. " 3 A. Rndall Soderberg, 51 Dexter Road " 4 James J. Carroll, Town Clerk The Selectmen will meet on Saturday morning, December 3, 1949 to ride over the proposed bus route in the Manor Section. A special meeting of the Board will be held on Tuesday, November 29 for the purpose of inter- viewing applicants for the position of Town Counsel. The next regular meeting of the Board will be held on Monday, December 5, 1949 at 7:00 P. M. The meeting adjourned at 11:00 P. M. A ture record, Attest: &VIAl9 , Sectm 46'7 Licenses