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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.