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HomeMy WebLinkAbout2020-06-23 SB-min Select Board Meeting June 23, 2020 A remote participation meeting of the Lexington Select Board was called to order at 3:00 p.m. on Wednesday, June 23, 2020 via Zoom remote meeting services. Mr. Lucente, Chair; Mr. Pato; Ms. Barry; Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. Mr. Lucente stated the remote participation meeting is being held in accordance with Governor Baker’s March 12, 2020 Executive Order suspending certain provisions of the Open Meeting Law to allow remote participation during Massachusetts’ State of Emergency due to the outbreak of COVID-19. Mr. Lucente provided instructions to members of the public, who were watching or listening to the meeting via the Zoom application, regarding the procedure of making a public comment. Mr. Lucente stated the same set of pre-established questions will be asked of all three candidates. The list of the interview questions are appended to the end of these minutes. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Interview Town Counsel Candidates  3:00 p.m. Mead, Talerman & Costa On behalf of the Select Board, Mr. Lucente welcomed Lisa Mead, Adam Costa & Jay Talerman of Mead, Talerman & Costa. During the approximate one-hour interview, the Select Board members, in turn, posed the established questions to the representatives of Mead, Talerman & Costa. Mr. Lucente thanked the firm of Mead, Talerman & Costa and called a brief recess at 4:06 p.m. The Board reconvened at 4:15 p.m.  4:15 p.m. KP Law On behalf of the Select Board, Mr. Lucente welcomed Jonathan Silverstein, Lauren Goldberg and Brian Maser of KP Law. During the approximate one-hour interview, the Select Board members, in turn, posed the established questions to the representatives of K.P. Law. Mr. Lucente thanked the firm of K.P. Law and called a brief recess at 5:15 p.m. The Board reconvened at 5:30 p.m.  5:30 p.m. Anderson & Kreiger On behalf of the Select Board Mr. Lucente welcomed Mina Makarious and Christina Marshall of Anderson & Kreiger. During the approximate one-hour interview, the Select Board members, in turn, posed the established questions to the representatives of Anderson & Kreiger. Mr. Lucente thanked the firm of Anderson & Kreiger and called a brief recess at 6:24 p.m. The Board reconvened at 6:28 p.m. 2. Deliberate and Vote to Select Town Counsel Following a discussion reviewing the three qualified law firms’ interview responses as well as their request for proposal submissions, the Select Board came to a consensus to offer the position of Lexington Town Counsel to Anderson & Kreiger. Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to appoint Anderson & Kreiger as Lexington Town Counsel with Mina Makarious as primary lead. AJDOURN Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 by roll call to adjourn the meeting at 7:04 p.m. A true record; Attest: Kim Katzenback Executive Clerk Interview Questions to Town Counsel Candidates What do you see as the main legal challenges currently facing municipalities and what issues do you foresee coming up in the next few years? How does your firm keep current on the ever changing case law, MGL and other regulations related to municipalities and how do you update your municipal clients? Does your firm ever offer general seminars or training on best practices, articles, etc. to officials in communities that you serve? If so, how often? Do you typically hold regular office hours in the communities you serve? If so, what are your thoughts about the effectiveness of this practice? Please describe a situation in which you have been asked to provide legal advice on a unique ethics case involving a public employee. The Town Manager authorizes your firm to work directly with a department on a legal issue. You provide legal advice to the department head and, based on your conversations it becomes clear that the department head is not planning to do what you advised. What do you do? Discuss your firm’s experience representing municipalities on a complicated appeal of local zoning requirements? Discuss a major case in which you represented a municipality that went against the community; discuss any review you conducted afterwards and what you might have done differently and what, if any, changes you made going forward. Discuss how you work internally when a unique request for a legal opinion is requested of your firm? What is the review process to ensure the legal opinion presented is defensible? Please discuss your expertise related to the Community Preservation Act. Discuss the depth of the “bench” at your firm; if the lead counsel is not available, or is not the subject matter expert on a specific issue, who will handle such an issue and how do you ensure the backup attorney is fully prepared for the matter. What would be the implementation timeline for transitioning to your firm and what would be the steps you would take to familiarize yourself and your firm with the members of our Select Board, other Boards and Committees, and the various Town departments? What is the one most important advantage of your firm over your competitors that would make us glad we selected you two to five years into the contract?