HomeMy WebLinkAbout1949-11-30468
SELECTMEN'S MEETING
November 30, 1949
A special meeting of the Board of Selectmen
was held in the Selectmen's Room, Town Office
Building on Wednesday evening, November 30, 1949
at 7:00 P. M. Chairman Emery, Messrs. Gay, Dris-
coll, Nickerson and Hoyt were present. The Clerk
was also present. Mr. Gay acted as Chairman.
Mr. Norman T. May, 285 Bedford Street, appli-
cant for the position of Town Counsel, met with
the Board.
The Chairman explained that the Selectmen have
given lawyers in Lexington an opportunity to be
interviewed. He stated that the Board plans to
Norman T. appoint a Town Counsel for the purpose of helping
May Re: the Selectmen at their meetings and he will be
Town expected to attend every Monday night for possibly
Counsel two hours. He will also be expected to be at the
Town Office. Building one morning or one afternoon
each week. He stated that the Town Cousel is
supposed to carry on with any committee or depart-
ment head, give advice and be available at what-
ever time he is needed. The Chairman informed Mr.
May that the salary may be $3,000 as a retaining fee
which will include everything except trial work.
He asked Mr. May what he considered a fair fee for
trial work. Mr. May replied that it is difficult
to say. He said that in his practice it never has
been a problem. People are willing to pay for
something that is delivered, and since for the most
part it is an individual agreement, both parties have
the right to withdraw.
The Chairman asked for Mr. May's background.
He informed the Board that the Dean of the
school where he teaches is the City Solicitor for
Medfdrd, his own practice in Boston and his work
at the .school. He said that he also knows the Town
Counsel in Watertown and asked the Board why it
has become such a large job in Lexington.
The Chairman explained that he thought it was
because of the growth of the Town and additional
'a rk being done.
Mr. May stated that he has been practicing
since 1938 and the first four or five years his
work was routine. During the past four or five
years he -has taught at Portia Law School two
mornings each week. He teaches public speaking
at Burdett College one evening each week. He said
that his practice is about everything that comes
along, but he does not have a great deal of trial
mil
1
He said that he has done corporation work and re-
presents the Leighton Stations which owns the Jenny
Stations. His income this year'will be a gross of
approximately 412,000 leaving a net somewhere around
48,000. He said that he graduated from Suffolk
Law School in 1937. He isnot in partnership with
anyone. There are five attorneys in one suite of
offices, and four secretaries. The Chairman explained
that the Selectmen feel that Town work should come
first.
Mr. May said that Town work has to be done and
that the idea of having the Town Counsel available
at the Town Office Building was a good one. He said
that the one thing he would not like would be the
constant barrage of telephone calls. He said that
he was sure there are ten or fifteen people in Lex-
ington more mature, in years at least, than he is.
Mr. May thanked the Selectmen for theopportunity
of meeting with them and retired at 7:20 P. M.
Upon motion of Mr. Hoyt, seconded by Mr. Gay,
it was voted that the interviews be closed.
The Chairman reported to the other members of
the Board that Victor Lutnicki and Pierre Northrup
had been contacted and given an opportunity to apply
for the position of Town Counsel, but neither of
them felt they had the time which would be required.
He further explained that he had telephoned
Lyon Carter, a very close friend of John Lyons, and
was advised that Mr. Lyons is a very sick man and
his physical condition makes it impossible for him
to even considef; the position,
Thirty-three attorneys listed in the latest Poll
Book, as residents of Lexington. Those between the
ages of 32 and 56 were invited to meet with the
Board and be interviewed for the position of Town
Counsel. Nine attorneys expressed interest and
were interviewed.
The Chairman called the Board's attention to
the fact that the Douglass v. Assessors case is
scheduled for January 4, 1950.
He also informed the Board that Mr. Lynch tele-
phoned him relativeto the North Branch Vine Brook
sewer project, and said that the bonding company
will not under any condition, sign a contract to
complete the sewer. It has to be done by the Town,
and they will indemnify the Town. He said that the
situation has become very involved. Herrequested
Mr. Lynch, Mr. DeFoe and Mr. Burns to meet with
the Board Monday night to discuss this subject.
He said that, in view of both of these items,
469
Douglass
v.
Assessors
Case
470
the Board should attempt to appoint Mr. Lynchts suc-
cessor before Monday. However, if the members of
the Board preferred to defer the appointment until
Saturday morning, it would be all right with him.
Mr. Nickerson asked if any member of the Board
had any reason to offer why the appointment should
be deferred. e He said that in his mind he had pretty
definitely decided the man he would prefer to have
for Town Counsel and any time discussion is terminated
on the merits for the different candidates, he would
present a motion that the man he has determined
upon be appointed Town Counsel.
Mr. Gay said that he has made up his mind and
based his decision upon experience, background and
what he thought the man could give to the Town.
Mr. Driscoll stated that, considering what the
applicants have to give the Town, what the Town`" L
expects of the Town Counsel, and whether or not they
are in business individually or partnership, he
would go along with the candidate he voted for last
week.
Mr. Hoyt said that he has his mind made up and
he believes the man can do an excellent job for the
tpwn and die feels t]i.at the Town would be fortunate
in getting him. He said that he was ready to take
a vote any time.
The Chairman stated that he has decided who,
in his opinion, he thinks would contribute most to
the Town as Town Counsel, but hhought there were
three candidates who might qualify.
Mr. Nickerson moved that Harold E.
Stevens Follen Road, be appointed Town Counsel.
appointed seconded the motion,
The Chairman asked all who were in
say aye'and it was unanimously voted.
The Chairman said that he was in favor of Mr.
Cass up until last week. He thought he would make
a good Town Counsel, was well recommended and had
a good background. He explained that the reason
he voted for Mr. Stevens is that he thought he had
more to offer the Town. Five years from now Mr. Cass
may be in the same position, but he thought Mr.
Stevens' experience will be more valuable to the
Town in the next few years than Mr. Cass'.
The Board authorized the Chairman to contact
Mr. Stevens relative to the appointment, the salary
and the question of fee for Appellate Tax Board
cases.
Mr. Nickerson suggested that the Chairman
advise Mr. Stevens that the Board's feeling about
him coming to the Town Office Building on an after -
Cass
Stevens, 209
Mr. Gay
favor to
hmmll
1
471
noon or morning is in the flux stage. The Board
would like him to try it lout but if it came to a
point that he was doing his work in an hour two hours,
he could subsequently make up his own schedule. /
The meeting adjourned at 7:50 F. M.