June 21, 2010
Present was Robert J. Garrity, James M. Tomaszewski, James C. Lehan, Jack Hathaway, Town Administrator and Marian Harrington, Executive Assistant.
Rob Garrity opened the meeting at 7 p.m. Jack Hathaway read the agenda contents.
TOWN COUNSEL INTERVIEWS
ANDERSON & KREIGER, LLP.
George Hall and Nina Pickering present. George spoke and said that he has brought Nina with him as she has worked on town business, namely Call & Wait. George touched on criteria we have asked for. George said he has expressed a willingness to do them, but hasn’t done them as he would charge for them. They are willing to put on a finite number of in person training seminars quarterly at no charge. He suggests targeting staff, such as records management, etc. He can again do volunteer board topics. He would do what we feel is most useful, but they also have their own ideas. George feels the in house staff should be properly trained.
George said they have done a good job in the past in managing the town’s litigation. He said they have been good at strategically identifying the key cases. He said that now is the smallest litigation they have had since being counsel. Some of it is because of the decline with land use boards, but also knows the town and is well positioned to work with the town and identify the needs.
Jim Lehan felt that having the opportunity to work with you for 6 years, you have done a good job. Jim felt the single issue we all share is timeliness. Jim explained we have sent you two-page contracts that take 6-8 weeks to get back. We can fix that. Seminars we need to fulfill. We need to do this on a regular basis. George appreciates what we feel needs fixing. The town has changed in the 12 years he’s been here. George is trying to get more people in his firm involved in providing services to us. George said with contracts, we send them to him all signed and negotiated. He should receive them first; review and sign, and then everyone else can sign. Jim L. said have a procedure in place with a timely response. We need to set up a proactive system with Town
Counsel to get it working.
Jim Tomaszewski said that town meeting day is crucial. We have been at 5 p.m. with no answer yet to questions and motions.
Rob Garrity said municipal law at 7. Slowly declining, or building up? George said they are not declining. Steady and slightly growing. The team they have is a positive for them.
Jack complimented Christine Griffin. He felt she was an asset and has helped us immensely.
Rob asked George about his fee. Is it up for negotiation? George said he’s open, but it’s already lower than what they usually charge municipalities.
BLATMAN, BOBROWSKI, & MEAD, LLP
Jay Talerman and Lisa Mead were present.
Jay Talerman said he had been town counsel with Kopelman & Paige and the firm he is currently with. Lisa Mead was former Mayor of Newburyport.
Jay said he proposed three methods of flat fee arrangements. We will get a partner heavy experience. They will be here for us for preventive medicine. Jay feels that being local – office and home is a plus. Jay and Lisa each present something the other doesn’t.
Jay said they are different because they offer a flat fee arrangement; not a true retainer. You pay the same every month. It can work either way. We may make out; they may make out. He is very comfortable with municipal government. They keep a monthly track of the work, but it’s the same every month. They try to be more of an extension of town government than just being an attorney.
Jim Tomaszewski mentioned availability, especially on town meeting day or before. Jay said they are trying not to get too large. He said it will be primarily he and Lisa, with Mark helping on land use. Jay blocks out town meeting week for towns. He drafts motions and does pre-town meetings.
Rob said that Jay is a resident and passionate and how would being an employee work? Office hours? Lisa said they go in to their town once a week, and all the business is taken care of that day while they’re there. Jay said he wasn’t sure at first what he would get with office hours, and they find it works very well.
Jim Lehan said no services with labor relations? Jay they have thought about bringing someone on, but hasn’t been cost effective for them or towns. He would farm it out and use contacts. Jim asked which of the three fee schedules is most popular with other towns. Jay said two or three. No one has used option one. Option two is the best.
BRACKETT & LUCAS
Gary Brackett was present. He said he has been a public attorney for 35 years.
Rob asked about town meeting. Gary said with respect to town meeting, he will draft articles, warrants – whatever we need. He works with bylaws, both general and zoning. Pre-town meeting warrant review. He would have his backup counsel handle 40R’s and all that type of issues.
Jim L. asked about seminars and preventive measures. Gary said they do provide training and programs with employees and/or board and committee members.
Jim Lehan asked about firm. Growth? Are you able to take on new clients? Gary said absolutely. They evaluate that when answering an RFP. When getting ours, he answered as soon as possible because he felt comfortable.
Jim Tomaszewski asked how you picked up Rowley and Shirley. Have you lost anyone? Gary said they got Rowley and Shirley because they dropped Kopelman & Page and he offered services they were looking for. He was dropped by a town that wanted to save money.
Jack Hathaway asked how he would assist in labor issues. Gary said he would meet with Jack and the department head or counsel for a union or representative. He could review proposals and help negotiate. He has been involved with grievance arbitration, etc.
Gary said municipal law is his only field.
MURPHY, HESSE, TOOMEY, and LEHANE, LLP
Robert Mangiaratti and Brandon Moss were present.
Robert Mangiaratti said public sector practice is about 2/3 of their firm. A large segment is school work. He said they are large enough to handle any issue, but small enough to be responsive.
Robert told the Board that Brandon and he would handle Norfolk. They handle Mendon. He’s the principal contact for the Selectmen.
He said they are knowledgeable and enthusiastic about the work.
Jim Lehan asked if he’s lost any towns. He said no. If anything he is picking up work. Jim said the firm is a largely populated firm. Who will be doing the work? Robert said 80% by the two of them. His colleague does tax title and bankruptcy and foreclosures.
Jim Lehan mentioned responsiveness. You said 24 hrs. and weekends. Robert said they get to know their towns and will sense the needs.
Jim Tomaszewski asked how do you help us prepare for town meeting. Robert said he would review the warrant article by article and identify articles that have issues or concerns. Jim asked what made new clients pick your firm? Robert said in one town he knew the Town Administrator. Another town was dissatisfied with their Town Counsel and met with them and they were hired.
Rob Garrity mentioned 40R and 40B – what experience do you have? Brandon is experienced and has helped review and rewrite zoning bylaws. Jack Hathaway questioned labor relations. Robert said he thought we had separate labor counsel. Mike Lehane is very experienced in labor relations and he almost had him attend tonight.
Rob questioned them being counsel to schools and is this a problem in any towns? Robert said they are very, very careful. It usually works to eliminate problems.
KOPELMAN & PAIGE
Len Kopelman, Joyce Frank, Kay Doyle and John Dolan were present.
Len Kopelman said they are a full time practice in every aspect of law. They represent 35% of the towns in the Commonwealth. They have been there, done that for cutting edge, i.e., movies in Plymouth or casinos or wind tunnels.
Jim Tomaszewski asked, you are so large, how do you pull it off? They don’t really do cities. They do towns. Cities are disruptive. Joyce Frank will be our primary attorney. You will be given a primary attorney and personalized service, but the other attorneys can assist many problems.
Jim Tomaszewski questioned Beckett in western MA. Len said they got it last week. They needed a new Town Counsel. Westminster – same thing. They have lost clients, but it is usually political. It is mandated that they change. If they are not reappointed, they usually are back.
Rob Garrity mentioned 40B and 40R. Kay Doyle listed many towns they represent. Several complicated, yet several successful ones.
Rob asked about holding office hours. Len said he doesn’t recommend nor favor it. He prefers video conference and meet on demand. They will be here any time we need it. Len said he did it, and found it was a waste of time. He said a matter should go through the Town Administrator to decide if it needs to be referred to Town Counsel. They would rather be productive than just hanging around.
Some of their towns are Walpole, Dedham, and Seekonk.
Jim Lehan asked for a firm you have lost that we can call. Len said Lunenberg.
Jim Tomaszewski asked about town meeting. Joyce said she likes the pre-town meeting and working with the Board and Town Administrator. John said he likes to debrief and talk about what went well, etc.
Rob Garrity asked if Kay would have to get off the Zoning Board of Appeals. Kay said she would have to.
Rob said the Board needs to reach out to communities and do some research and thought.
The Board members picked firms to research. They discussed financials, and Jim L. suggested special counsel for others.
NEW BUSINESS
Jack Hathaway reported the Fire Department had 11 calls in 90 minutes with the lightning storm Saturday. Peter Petruchik and Steve Wood were in charge.
Jim T. brought up the access road. He wanted clarity exactly where we are. Jim T. said the property under consideration at Bicentennial Park is under control of the School Committee, not Selectmen. It is not an issue we can make a decision on. Whether it becomes part of the new school is under the School Building Committee (SBC), not us. Jim T. said he needs to know how they are going to safely get the trucks in and out. That’s what the access road would’ve been for. Jack said there will be fencing and explained where, that will separate and make a difference. They are going to bid in August, and break ground in the fall.
Rob said the department heads are the only ones pushing this. It is a nagging issue that has never been answered. Jack said the department heads have raised safety concerns, one for construction and one for Rockwood Road. Jack said he is tired of being beat up by the residents. Jim said that public safety and DPW have to feel comfortable in making what they feel is their recommendation. That is their job to advocate for public safety. They should be going to these boards to state their case, not the BOS. Jack said even the SBC hasn’t been engaged in this. They don’t feel it’s their purview. They don’t care about this. Jim L. said they have to be concerned about this. They have to allow the people who have the level of expertise to present this. Rob says let’s put everyone in one room and get this put to bed. Rob said we could move one boulder at Geneva and have public safety access. He said we need to put this to bed now.
Rob would like one final discussion and said at our July 26th meeting to invite School Building, School Committee, DPW and public safety people in. Let’s finish the conversation. Due to scheduling, it was moved to July 12th.
At 10 p.m., being no further business, Jim Tomaszewski moved to adjourn the meeting. Jim Lehan seconded, and it was so voted.
This is a true and accurate report of the Selectmen’s Meeting of June 21, 2010.
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James C. Lehan, Clerk
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