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HomeMy WebLinkAbout1976-07-06-BOS-min 142 SELECTMEN'S MEETING July 6, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Tuesday, July 6, 1976, at 7 30 p m. Chairman Kassler, Messrs Bailey and Buse, Mrs Battin, Mrs Miley; Mr O'Connell, Town Manager; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present 1975 Mr Louis A. Zehner, Chairman, and the Town Report Committee, met Town Report with the Board. Award Chairman Kassler congratulated Mr Zehner and members of the Town Report Committee for the outstanding achievement of winning the Award of Excellence for the 1975 Annual Town Report, awarded by the International Institute of Municipal Clerks at the conference held in Hawaii The report was submitted by Miss McDonough, Town Clerk, and she had accepted the award on behalf of the Town of Lexington and the Town Report Committee Towing Mr O'Connell informed the Board that Chief Corr had issued an order to his department on towing; Mal's will be called during the day from 8 00 a.m to 4 00 p m. and the work will be divided evenings on odd days of the month to Bob's Towing and B & R Towing on the even days of the month. Contract Mr O'Connell recommended that the Board award Contract #77-16-E 77-16-E to the lowest bidder, D. L. Jones Subsurface Investigations, Inc. , Test Peabody, for test borings in various locations for the purpose of de- Borings signing roadways, various underground utilities and structures on a periodic basis, in the amount of $8,400. Authority is contained in various construction articles. Each contract is assigned when needed, and each project is implemented by Engineering Upon motion duly made and seconded, it was voted to award Contract #77-16-E to D. L. Jones Subsurface Investigations, Inc. , Peabody, for various test borings, in the amount of $8,400. Chap. 70 Mr. O'Connell read a letter, addressed to Mr. Zehner, Treasurer, from School Aid the Department of Corporations and Taxation, as follows: An external audit by the Department of Education of Lexington's claim for aid under G L. Chapter 69 and 71 for the fiscal year ended June 30, 1974, resulted in an adjusted amount due Lexington of $511,387. The original amount certified and paid to Lexington was $1,156,371. This was an overpayment of $644,984 Because of audit adjustments, it was also necessary to reduce School Aid, B.L. Chapter 70 to Lexington by $1,304.99, bringing the total overpayment to Lexington during the 1975 fiscal years to $646,288.89 The Town of Lexington is due $319,081.10 on June 29, 1976 for School Aid, G.L. Chapter 70. This amount is retained by the Common- wealth and credited to the overpayment of $646,288.09 leaving a balance outstanding of $327,207.89. Unless this balance is remitted, it will be deducted from your 1977 distributions." 143 Selectmen's Meeting July 6, 1976 Mr O'Connell We will notget the $319,000 that we were ectin . exP g Before this State action, the tax rate forecast was estimated at $79-80; now we are facing $80-81 tax rate if we are not able to get it set aside. There is also a similar impact on next year's tax rate. If the Board concurs, I think the general public should be aware of what the State is doing; this is a wrong action. Mr. Bailey What is the status of any legal action against the Commonwealth7 Mr. O'Connell Town Counsel is working with the School Department on asking 15 cities and towns for group action against the State. The case may be based on a comparison of treatment of the Town and that of Wellesley; based on discrimination by the State between the two communities. The Board agreed to make it a public item of interest. Mr. O'Connell informed the Board that the Comptroller has received Council checks in the amount of $76.00 for the Lexington Council on Aging from on Aging the churchwomen of Lexington and collected on May Fellowship Day; $25.00 from the Pilgrim Congregational Church-Pilgrim Circle and $51.00 in donations Upon motion duly made and seconded, it was voted to accept the two checks totalling $76.00 to be deposited in the Council on Aging account in the Town treasury. Mr. O'Connell reported severe vandalism to the Old ides fence. Vandalism Chairman Kessler: If this doesn't increase our liability, it might Old Res be the answer to leave the gates open. Fence Mr O'Connell informed the Board of a request from the Christian Permit - Science Church for the use of Emery Park in Depot Square on Sunday, Emery Park August 12, 1976 for approximately one hour for a lecture with 300-400 Depot Sq. people present and seated. Mr Busa: I don't have any objection but there is the possibility of damage to shrubs and the monument with that many people. Mr O'Connell I think they are agreeable to limit the number of seats and they will have ushers. All roads will be left open Upon motion duly made and seconded, it was voted to grant permission to the Christian Science Church to use Emery Park on Sunday, August 12, for a lecture to be held for approximately one hour. Mr. Buse discussed the flagpole on the Battle Green He said that Battle the Town was to either appoint or assign someone to look into the founda- Green tion, and the Board should reaffirm that the Engineer's design group look Flagpole into the footing and foundation to see if it would be suitable for a new flagpole. Mr. McSweeney: We would want to have the flexibility of deciding that tomorrow. I have a private corporation handling it. The Board agreed that Mr. McSweeney is to oversee the project. Rev. Handley, Director of Guides, requested the appointment of Dikran Guide Appt. Kaligian, 30 Dewey Road, as an official guide of Lexington. 144 Selectmen's Meeting July 6, 1976 Uponmotion dulymade and seconded, it was voted to appoint 14r. Dikran Kaligian an official guide of Lexington for a term expiring June 1, 1977. LCSR Mr. Stanley Brown, Chairman, and members of the Lexington Commission on Suburban Responsibility met with the Board to discuss proposed amend- ments to the original charge to the Commission. Mr. Brown Mrs. Battin met with us earlier this evening and she has a copy of what we are going to present to the Board. The Commission was established by the Board of Selectmen in 1968 and the charge to the Commis- sion by the Board speaks to the relationship between the town and minority citizens of the central city During the seven plus years since its creation the Commission has addressed such areas as minority hiring on Town construc- tion projects and housing In 1974, the Selectmen approved the establish- ment of a subcommittee to investigate the "Nature of Problems of people with Special Needs." It is now the belief of the membership of the Com- mission that further changes in the make-up and concerns of the Comaission should be considered by the Board of Selectmen We do not propose to abandon the charge of 1968; we do suggest the adoption of the concepts which will make the charge more nearly reflects the needs of the mid- seventies. Broadened Representation The membership of LCSR currently reflects participation by thirteen different organizations within the Town The 111membership believes that during the next few years, the role of LCSR and the metropolitan area within the context of its charge It should be ready to investigate problems which concern it when they might arise and, when necessary, report to the Board of Selectmen on its findings To fulfill this role, we believe that the membership should be broadened by adding Concerned Black Citizens of Lexington, NOW Lexington Chapter, Ministerial Council, Council on Aging, Youth Advisory Commission Organization The role of the LCSR currently is an advisory one to the Board of Selectmen The Commission consensus is that it should be able to articulate on issues publicly with the approval of the Selectmen. The question being raised here is whether or not a more independently constituted Commission would be more effective Currently, the Commission suffers from a lack of continuity due to the expiration of all appointments at the same time Most of those appointed to the Commission also repre- sent other town boards which leaves those members a minimum amount of time to devote to LCSR business In order to correct this situation, the LCSR recommends a change in organization beginning with the establishment of a five member executive board These five executive board members could not be members of any other town board Their initial terms would be, two members for three years, two members for two years, and one member for one year; thereafter for terms of three years' duration From these five executive board members, one would be elected chairman and one secretary by the entire membership The remaining membership could be composed of the following groups, each group having one member Board of Selectmen League of Women Voters Lexington Teachers Planning Board Lexington Interfaith High School Students School Committee Chamber of Commerce TMMA Housing Authority Town Employees Concerned Black Citizens of Lexington 143 Selectmen's Meeting July 6, 1976 National Organization of Women, Council on Aging Lexington Chapter Youth Advisory Commission Ministerial Council It would be desirable to have appointments made by June 30 and a work program to start in September Effectiveness and efficiency would also be served if the Town provided the clerical services Attendance In order to insure maximum attendance, a written notice will be mailed at least two weeks in advance of meetings to announce the time, place and date of the next session Failure to attend two consecu- tive meetings, without an appropriate written explanation for absence having been forwarded to the Chairman, will be interpreted as a lack of interest on the part of the individual member A letter to this effect will be forwarded to the member, after his second unexcused absence, fol- lowed by a letter to the sponsoring organization The sponsoring group will be asked to furnish another individual's name to the Selectmen, who will be able to more actively represent his organization on Commission matters Broadened Scope At the present time, it is believed advisable to broaden the scope of the Commission's activities to include also "problem areas" believed to exist within Lexington as follows Human Needs Services, 111 Social (Racial) Interaction Problems, Town Affirmative Action Program. Meeting Frequency It is intended that a subcommittee structure be established, operating under the overall umbrella of the Commission In this manner, problem areas can be taken up the subcommittees (i e Special Needs) and periodic reports provided to the overall Commission for review and forwarding to the Selectmen The overall Commission may be required to meet less frequently, perhaps quarterly, to hear reports on the sub- committee's progress Mr Buse. We should table any action and look into the entire or- ganization Mrs Miley- I like the whole picture of what we are portraying I wonder if the persons to be considered should not belong to a particular service group Mrs Battin That is covered in the first five items I hope we would think about it and take action We have been hobbled and have not been working effectively Chairman Kessler I am a little bit concerned that one committee should try to be all things to all people I do believe that everything addressed has to be addressed by the Town and we have been looking for some vehicle to do this If this committee is to do it, the name has to be changed, and we would have to agree that this committee is to essentially address itself to all the problems of the Town and to broaden itself to consider all the areas of social concern in the Town While we are think- ing about it, I wish that you would think about it in that context Mr Brown We have been thinking about it Arlington acquired the services of a CETA person and has a book of comprehensive services of the 146 Selectmen's Meeting July 6, 1976 town, and they have developed a program for the elderly To cut across a broad spectrum, that is the way we feel it should be headed We realize the problems of getting together a group of this size Mr Bailey I would comment on the role of the Board of Selectmen - that you feel you could issue a statement without approval of the Select- men I am a little suspicious of people who feel their relation to the Selectmen can influence their effectiveness You certainly can articulate as a committee and can sit down in open meeting with us It strikes me that if it is a question of articulation, there it is Mr Brown We have been reluctant to take a position due to inade- quacies of Town Government I talked to Mr O'Connell and he asked me to wait until the Personnel Director was on board Recognizing our role capacity, we didn't feel we could go on Now, we feel the terms are broad enough and there should be a higher degree of independence Mr Bailey If the basis of operation of the committee is going to be changed from Advisory to the Board of Selectmen, that would require Town Meeting action Chairman Kessler Although I can picture an advisory committee to speak out when you feel the urge, and you could advise us, legally and clearly Mr Bailey- In some areas The Committee advises the Selectmen of any action to be taken by the Selectmen's Committee Mr Busa I am skeptical myself and don't wish to lend authority to a subcommitee to be autonomous, as they are an advisory committee to the Board of Selectmen I want to know what issues and action they will take Chairman Kessler- Why don't we decide now approximately how much time we have, and place it on the agenda for the first fall meeting, and members of the Board and your committee exchange ideas throughout the summer If there is enough sentiment to bring it before Town Meeting, this could be discussed Your ideas, which you have been expressing, have been our concerns, too While we are talking about committees and responsiveness, we all receive anonymous letters and/or phone calls The Board likes to be responsive to all people and I'm sure the other members will agree If people will put their concerns down in a short note, however, I can channel them and get answers and we will respond to them I hope people will not make anonymous calls Does any other member disagree? Mrs Battin I agree In response to that last note (anonymous) I did get a call We will take action as long as people will give the name, but we won't act on anonymous ones We could get the name and not give it to the Selectmen Mr Busa I take exception; you should let other members of the Board know Mrs Battin I meant to hold the name in confidence Mr Busa I take exception to that also Chairman Kessler My plan is that people are to put it in writing Mr Brown and LCSR members retired from the meeting 147 Selectmen's Meeting July 6, 1976 Chairman Kessler read a request from the Knights of Columbus to ap- K of C prove a new Manager Manager Upon motion duly made and seconded, it was voted 4-0 to approve Mr David W. Walsh as Manager under the Club liquor license for the Knights of Columbus Building Association, Lexington Council 94, and to request the approval of the Alcoholic Beverages Control Commission Mr Busa abstained The Board discussed letters and telephone calls from citizens pro- Landfill testing the summer schedule to close the Hartwell Avenue Sanitary Landfill Summer on Sundays Chairman Kassler suggested that the hours of operation be Schedule extended to 8 00 p m. on two additional evenings The current hours, voted on June 7, 1976, are 8 00 a m. to 5 00 p m. on Monday, Tuesday, Wednesday, Friday and Saturday; 8 00 a m. to 7 00 p m. on Thursday; Closed on Sunday Dr Kessler also posed the question of the merits of opening on Sunday and closing on Monday Mr McSweeney recommended that the landfill remain closed on Sunday because experience has shown that the number of residents using the facility during these off-peak hours has been at a minimum. He pointed out that it is now operating at 84 hours a week and there is no other landfill operating at more than 44 hours a week, and they are closed on Sunday and many of them have half a day on Saturday Upon motion duly made and seconded, it was voted 4-0 to approve the following hours of operation at the Hartwell Avenue Sanitary landfill during the summer through Labor Day, September 6, 1976 Monday and Saturday 8 00 a m. to 5 00 p m. Tuesday, Wednesday, Thursday and Friday 8 00 a m. to 8:00 p m. Sunday Closed Dr Foley of the Lexington Light Horse Club, Mr Bertini, Recreation Hennessey Director, Mr Mazerall, Superintendent of Parks, and members of the North Horse Lexington Association met with the Board to discuss another horse show to Shows be scheduled on the Hennessey land Chairman Kassler explained that the problem of horse shows at Hennessey Field has created commotion and dissention within the Town On June 7, the Board voted to prohibit the use of trailers and other vehicles on the field but trailers and vans would enter from Grove Street, disembark the animals at Robinson Road and the service road, and park in the Estabrook School parking lot, with the understanding that we would re- evaluate the situation before the next show was held That is strictly what we are here to do tonight Mr Sullivan, North Lexington Association I went there tonight and feel that permanent damage has been done to the field because of vehicular traffic Comments on the way the show was conducted are favorable Speaking for the North Lexington Association, I still object to parking vehicles on that field The original vote was taken not to allow parking on the field and we felt that the matter had been adjudicated and we were shocked when another vote was taken There was a great deal of dismay at that action 1- 48 Selectmen's Meeting July 6, 1976 Chairman Kassler The Board was within its rights and said that we would take another look under controlled conditions I don't think we should take a great deal of time debating the Board's so-called refusal You can always continue to come in and complain like mad but we have to listen to all sides I have been given some questions and will ask Dr Foley for answers Is the Lexington Light Horse Club a non-profit organization? Dr Foley Yes It is not officially listed like the 4-H Club There are no salaries; the only salaried person is the Judge Chairman Kassler What is the percentage of members of Lexington residents? Dr Foley- About 80% Mr Bailey I would point out that has been questioned; the numbers run anywhere from 40 to 80% Dr Foley I have the best knowledge If I say 80, it is close to 80% Mrs Battin It has been brought to our attention that you quoted 40% at the Recreation meeting of September 24, 1975 Mr Busa. She has taken it out of context Mrs Battin The quote i had was in context Chairman Kassler Do all members of the Light Horse Club take lessons on horses hired from your daughter's stables? Dr Foley No Chairman Kassler to Mr Mazerall People have concern that the grass comes back but the irregularities and contours would be altered for other types of sports Mr Mazerall There are cars going in I get calls because of dust and, basically, the question is whether you want to have a horse show there There are vehicles going back and forth I thought the show was great but it boils down to the question if you want the shows there Chairman Kassler I have been informed that a good portion of par- ticipants do ride horses in Dr Foley That is true but somebody will come with a car with their equipment on it If you don't have a trailer, you have a car for the equipment Mr Bertini Mr Mazerall asked if you want to have a horse show there? The kids come back and clean up There is sympathy for neighbors who don't run the horse show and there are people who do run the horse show There must be other places to have a horse show, but I don't know Chairman Kassler We had one show to allow parking and is it reasonable to have one without parking? Dr Foley We won't hold the show if we are not allowed to park on the field It is too much of a hassle Mr Bertini As Recreation Director, we try to get programs in the Town This group is a working group that does all the work themselves They are being hurt in this situation and this is another group that wants no problems I think the Town should find a place for them to hold horse shows Dr Foley You try to run a show with 30-odd classes They would be going back to trailers where we lose contact with them. I - 149 selectmen's Meeting July 6, 1976 Chairman Kessler. Haveway? you ever tried to run a show that Dr. Foley: No. Chairman Kessler Then why refuse? If you did it and came back and said that it won't work, it would impress me a lot more. Dr. Foley This North Lexington group has been complaining and com- plaining. I find it would be too difficult to run it that way and, as far as parking goes, what about vehicles to bring in the equipment? If you are going to haul vehicles off, that is asking too much of the kids. Mrs. Battin: Point of information - has any other group in Town held horse shows and used vehicles? Mr. Bertini They did ask but never showed up. Mrs. Battin So we have never had the experience. Dr. Foley: In the 1960's, the 4-H had one at Willards Woods and parking was allowed right up to the ring. Chairman Kessler: I ask if Dr Foley is willing to have a horse show without parking on the field? If he is not willing, we will have no horse show. I went to the last show and thought it was well run but if Dr. Foley won't bend, neither will I. Dr. Foley Until we were allowed to come in to the last Selectmen's meeting, the Light Horse Club was never allowed to tell its story, and we appreciated it Chairman Kessler: I enjoyed your show but until I see the other side of the story and some sense of give and take ... Mrs Battin moved and Mrs. Miley seconded the motion to ban all vehicles from Hennessey Field at the Lexington Light Horse show scheduled for July 18. III Mr O'Connell: i assume that Estabrook School will be used for parking? Dr Foley: All vehicles off the field? We have to get equipment in there Mrs. Battin: What equipment, specifically? Dr Foley: We have to take the ring in on Saturday and take it down on Sunday, and there are various tents for booths for food concessions. Chairman Kessler: How many would you need? Dr. Foley: Two trucks and three cars. Chairman Kessler To bring the equipment in and back off. Mr. Buse: I question the motion. I believe we were going to poll the Board to see if they were going to allow them to drive down as the School Department doesn't want horses to disembark on the asphalt Mrs. Miley The Board of Selectmen was polled at my recommendation and it was agreed to bring the trucks up Robinson Road, disembark the horses, and continue on to the Estabrook parking lot. Mr. O'Connell To my knowledge, the School Committee has not been asked for permission to use Estabrook. Upon motion duly made and seconded, it was unanimously voted to allow two trucks and three cars to enter and park on the field in the area of the horse show on Sunday, July 18, 1976; these vehicles will contain equip- ment only. Also, horse vans are to enter on the extension of Robinson Road, disembark the horses at the intersection of Robinson Road and the service road, and continue on to the Estabrook School parking lot, subject to the approval of the School Committee e0 Selectmen's Meeting July 6, 1976 Dr. Foley happens ha ens after that? Chairman Kessler: The Board will reevaluate it after July 1.8. All interested parties retired from the meeting. Taxicab Mr. Alan Aronson, owner of Lexington Transportation Co. , and Chief Licenses Corr met with the Board. Chairman Kessler: We have received letters of complaint from citi- zens but have a memo from Chief Corr, dated July 6, 1976, stating that with two minor exceptions the cabs were in good shape and neat and clean inside, and it would appear that Mr. Aronson has complied with the Board's directive. Chief Corr recommended that licenses be approved. Mr Buse I would like clarification of whether you operate Arlington cabs in Lexington as you have no license to operate them here. Mr. Aronson There are Lexington residents that call Arlington Taxi. Chairman Kessler: If a Lexington resident calls you, and you are busy, do you refer to Arlington? Mr. Aronson Sometimes there are pickups from the airport. Chairman Kessler No, if you are busy, would you call Arlington and ask them to pick them up? Aronson Very seldom. We sit next to each other in the office. Mr. Buse. We have a letter on record that states just that, that a resident specifically requested a Lexington cab and got one from Arlington. We have no jurisdiction over Arlington cabs and I request. that you do not refer calls to Arlington Heights and have them come into Lexington. I move to extend the licenses for a period of six months and to review them at that time. As I understand it, your cabs are four years old and are used cabs from another company. Six months is a reasonable period of time. Mr. Bailey I will second the motion, and a statement that I would hope Mr. Aronson hes the message loud and clear We will depend on re- ports from Chief Corr. We like to have all Lexington businesses stay in business and service people. Upon motion duly made and seconded, it was unanimously voted to renew the following licenses to the Lexington Transportation, Inc. , P. 0. Box 125, Lexington, for a period of six months with the clear understanding that all vehicles are to be maintained and operated in accordance with the conditions outlined by the Board; all Lexington residents are to be ser- viced by Lexington dabs only; interim inspections are to be made by the Police Department and reports submitted to the Board by Chief Corr: Registration Numbers 5453, 1943, 5457, 5454, 5550, 5455, 5462, 5461, 5459, 5451, 5460, 5464, and 5465 Town Mgr. Mr John Butler, Chairman of the Personnel Advisory Board, and Mr Job James Crain, member, met with the Board to discuss the preamble to the Description Town Manager job description. Preamble Mr. Butler: The present Personnel Advisory Board would like to have you focus on the definition of the rote of the Town Manager and the role of the Board of Selectmen as you intend to proceed. We are trying to state that the Board is a policy board establishing parameters under the 151 Selectmen's Meeting July 6, 1976 law and in all other areas; that it is your desire that the Town Manager become the executive arm of the Board of Selectmen and, in that way, act as executor and act within the policy framework you established, and accountable to the Town After discussion, it was agreed that additional work was necessary During the week, the following was approved by the Board TOWN MANAGER JOB DESCRIPTION PREAMBLE The Board of Selectmen is responsible for establishing policy for Town Government except schools and libraries The Town Manager will function as the ad- ministrative head of Town operations, accountable to the Board of Selectmen, as defined by the Lexington Town Manager Act of 1969 and in the role of implementor of policies established by the Board of Selectmen The Manager will develop plans, direct and coordinate activities of departments and activities under his/her direction The Town Manager serves as liaison between the Board of Selectmen and Town officers, boards, commissions, committees, and agencies Chairman Kessler read a request from Town Counsel to convey parcels Wood St of land on Wood Street, as authorized under Article 88 of the 1976 Annual Lots to Town Meeting Abutters Upon motion duly made and seconded, it was voted to sign the deeds conveying portions of lots on Wood Street for the sum of $1 00 249A to Helen Garten, 11 Fairview Avenue, Lexington 252D to Guy Murgo and 2ita Murgo of 70 Essex Street, No Andover 254F to Clarence A Allen and Dorothy M. DiCicco, 122 Decatur Street, Arlington Mr Bailey asked Mr O'Connell if anything could be done about the Battle buses parking around the Battle Green Green Bus Mr O'Connell Jeff Shaw is working on it and is checking to see Parking if we could use senior guides to assist us contacting bus drivers Mr Bailey We do have adequate off-street parking Mr O'Connell Yes Last year, St Brigid's allowed us to use their lots for Bicentennial needs Mr Bailey. What about the Church of Our Redeemer? Mr O'Connell I got their approval but the lot was not used as the Traffic Committee felt that a left turn was more than a Greyhound bus could do Mr Bailey- St Brigid's would be better There is no reason why the bus drivers will not do it Mr O'Connell They resist it if they feel they will lose time on their schedule They are reluctant to move the bus It is getting very serious, and we are working on it Mr Bailey asked Mr McSweeney about the status of curb cuts on the Battle Green Green Mr McSweeney- The staff is meeting on them and I will venture to Curb Cuts say that curb cuts will be in September or October, the first part of the construction season r 152 Selectmen's Meeting July 6, 1976 Town Mgr Chairman Kessler requested that the Board appoint the Town Manager Selection Selection Committee Committee Mr Bailey moved and Mrs Battin seconded the motion to appoint an 8 member committee Upon motion duly made and seconded, it was voted to appoint the following members of the Town Manager Selection Committee James F Crain, Chairman Lincoln P Cole, Jr Natalie H Riff in W Neil Chapman Homer J Hagedorn Allan Lee Whitman, Jr Elizabeth Clarke Ruth Mitchell Mr Busa commented that the Appropriation Committee be apprised of the appointments because, under the Acts, they cannot serve on another committee Chairman Kassler- It is my intention to request that this committee meet with the Appropriation Committee Executive Upon motion duly made and seconded, it was voted by a 5-0 roll call Session vote to go into executive session for the purpose of discussion the reputa- tion and character of Town personnel After discussion, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 10 50 p M. A true record, Attest. t , Executive Clerk, Selectmen