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HomeMy WebLinkAbout1976-05-24-BOS-min X00 SELECTMEN'S MEETING May 24, 1976 A regular meeting of the Board of Selectmen was held in the Select- men's Meeting Room, Town Office Building, on Monday, May 24, 1976, at 7 30 p m. Chairman Kassler, Messrs Bailey and Buss, Mrs Battin, Mrs Miley; Mr O'Connell, Town Manager; Mr Cohen, Town Counsel; Mr McSweeney, Director of Public Works/Engineering; Mrs McCurdy, Executive Clerk, were present Bldg Com- The Board congratulated Mr Donald K. Irwin, Building Commissioner, missioner upon his recent election as a member of the Board of Directors of the Eastern States Building Officials Federation Youth Miss Mary Rockwood, Chairman, Miss Sue Abkowitz, Mr Myron Miller, Advisory of the Youth Advisory Commission; Mrs Marcia Feakes, League of Women Commission Voters, met with the Board. Chairman Kassler We received, by your minutes, some indication that the Youth Advisory Commission had some thoughts about changes in the way people were appointed and the timing The League of Women Voters has also been interested in this and we will spend some time in discussing it Miss Rockwood. We were aware that the League had ideas about the structure and we desired to go ahead more or less based on what we have done in the past Most of the recommendations are on by the Executive Board; they were discussed by the Commission but not voted A revision would increase the number of youth members but keeping adults Three members and three alternates from the sophomore, junior and senior classes of the High School; one member of each Junior High and one alternate attending all meetings When a member is absent, the alter- nate to take a voting position This will allow the Commission to reach a quorum as there has been a problem in the past with absences There is a great deal of interest expressed at the Senior and Junior High schools and they are very interested in working on the Commission The selection of members would be the same as last year with outgoing members making the selections based on group meetings on applications, essays and teacher recommendations Adult members in the past have not had a say on who works on the Commission or not; we felt that the Youth Commission could make recommendations, and active members who don't belong to active organizations in the Town might make an effort to make the Youth Commission more active Also, the term of office should over- lap so that, instead of 20 active members, we would have 40 Orienta- tion could be during the summer when students and adults could get to- gether rather than start in September That was all we discussed Mrs Feakes The League of Women Voters did a study on youth services this year and we looked to see what services they are using Many are set up for specific problems, i e Drug Advisory The Youth Advisory Commission was set up to "assume responsibilities such as, to prepare a comprehensive Town-wide inventory of your programs, ser- vices and facilities and continually review this inventory; identify 101 Selectmen's Meeting May 24, 1976 III the problems and needs of the youth of the Town; evaluate the capacity of the existing programs; service•. and facilities to deal with the changing needs of the youth of the Town; promote communication between youth, parents and groups concerned with youth; serve as an information source for all; provide an open f.rum for public discussion of new programs; supply leadership for community needs which are not being met by existing organizations; pr mote programs which are designed to stimulate understanding of the problems of youth; or other unspecified activities which may be significa t for the youth of the Town " This is quite an all-encompassing statement, which is difficult for any organization One of our members has been going to meetings and we have discussed making the Youth Commission a more effective, stronger voice in the Town and one of the things that would strengthen it would be if it were a By-law Commission We also think it should be a smaller group as with 17 members, it is herd to have people feel their commit- ment; it should be a policy-making group with a paid director, and work with the schools We found that the Commission could do a wide variety of things In many towns, it is wet up so they work with youth, courts and police, human relations, and parents We feel if they had someone they could work with effectively, they could take part in the Town more effectively We think that is the: key to bring more youth in Chairman Kassler You are talking on quite a defferent level from what we just heard Am I correct in interpreting that you are saying an adult youth commission with a youth advisory Board? Mrs Feakes Young people may have ideas but adults to show them the way It works in other communities To have five adults who have been continuously interested in programs - not to take over but to help Mr Bailey I don't know th solution but the two speakers raise a dilemma Mary suggests limitin the number of adults and having more students, and Marcia Feakes says .hat the solution is to have a By-law Commission and a paid director :t is a little frustrating to have it coming in all directions I accept what Marcia said about the original charge of the Commission; that is still the understanding we have of the function of the Commission Mr Busa We researched it with an ad hoc group and it was our opinion that most of the needs of the Town were served by one board or the other, but there was one not being served and that is why the Youth Advisory Commission was set up ]: don't think a By-law Committee would get more production We always stated every year that if there was some need, the Board of Selectmen would gladly provide it if the Youth Ad- visory Commission would come up with a solution There is no one stronger in the Town than the Board of Selectmen and, for the past four or five years, if the Youth Advisory Commission came to us, we would try to provide for it We felt that the youngsters did not need any more adult supervision and this i;; why we made the Commission up of young adults and we would wait on the sidelines until asked - and a By-law Commission isn't going to help that any You are talking about I policy, and the Board of Selectmen is the policy-making body and we said that we would provide the policy to make it happen Unfortunately, Selectmen' s Meeting May 24, 1976 are thebusiest inTown and are on 5 or 6 committees II/ young adults bu es people and they do not have enough time; it is not enough to have a 7-member board I go along with Mary on appointments and I suggest that we move the date forward and appoint in March or April Mary Rockwood agreed Mrs Battin I was also on the ad hoc committee with Mr Busa that set up the Commission At that time in 1971 and 1972, we did recommend that it be a By-law committee but the Selectmen, at that time, decided that it should be a Selectmen' s advisory committee and, if it didn't do what it was supposed to do, to make it a By-law committee I also agree that we did do research and other towns have gone in all directions I wonder if we should now direct it back to the League of Women Voters and the Commission to combine their research. Miss Rockwood About what Mr Busa said, we have been talking about it since January and I feel that a By-law would have no effect I think Mr Busa made a good judgment when he said that it was estab- lished for the youth and it should be run more or less by youth. We have approached the Board as we felt that we wanted more guidance as we have run into things we don't know what to do about - and to meet maybe on a weekly basis or bi-monthly rather than four or five times a year We need more guidance from the Selectmen Miss Abkowitz I agree with Mary As Mr Bailey said, there are different ideas We are all for making better communication on whether to increase youth or adults The youth have had drive and have actually been working - and would rather not increase the adults and have them involved in what we are working for Mr Miller To go back to Mrs Battin, I think the League of Women Voters has gone to a great deal of effort to come up with good suggestions One of the important things to clarify is what kinds of things have taken place elsewhere; at least we can profit from the ex- perience of other towns so that the young people can aspire as to where they can go Ideas might be slow in coming but in this way with the experience of what has taken place elsewhere, it might be of value As to structure, that is one thing we have to decide on Mr Bailey. Has anyone really assessed your role in context with all the other youth related commissions in Town, and have you thought this one through? Is there really a role as the Youth Commission is now structured? Miss Rockwood: One of our many problems is in establishing a role The past four years have not been useless but, when I took office, the Chairman had been gone, members were not present at meetings, etc The whole structure is that we haven't been able to establish our- selves or even a role and nothing has been said about it It is hard to establish a role until a working structure is established Chairman Kessler There are two things to consider 1 We should act upon recommendation that we extend appointments through the summer 2 Obviously, we are not going to get anything decided tonight We had hoped to start something and we should start with re-evaluation of both the role and composition As Mrs Battin said, the Youth Commission is 10:3 Selectmen's Meeting May 24, 1976 to meet with the League of Women Voters and any other groups through the summer and make recommendations to the Board both as to the role, as Mr Bailey suggested, or the composition I don't find the two ideas as incompatible as in the beginning Whatever you want to call the committee, study it together and come back to the Board on the role and composition aspects of the Yo Lth Commission Upon motion duly made and seconded, it was voted to extend the term of office of all members of the Youth Advisory Commission from June 30, 1976 to September 30, 1976 Members of the Youth Advisor3 Commission and the League of Women Voters retired from the meeting Mr Raymond Barnes, Chairman of the Town Celebrations Committee, July 4th and Mr Lincoln P Cole, Jr , Chairman of the Bicentennial Committee, Celebration met with the Board to discuss plans for the 4th of July Chairman Kassler We want to officially thank you for the mag- nificent job you have been doing and each celebration gets better Mr Barnes We are planning a family day on the 4th Bells will ring from 2 00 to 2 15 p m. and Rev Handley is working with the churches to have the bells rung in syncopation At 2 15, the Minutemen will go on the Green and then march to Parker Field to the Lions Club carnival We would like the Board of Selectmen, the Bicentennial Committee and the Town Celebrations Committee issue an invitation to the people in town to come and enjoy themselves at a family afternoon at Parker Field. Mr Cole The legislature passed a bill that permits bonfires be- tween July 2 and 6 this year, and we thought it might be a good idea to accumulate a bonfire I have talked to Mr O'Connell Chairman Kessler What about finances? Mr Barnes We have $1,000, which the Selectmen set aside about a year ago for the 4th of July; I assume it is available Mr Cole I suggest that if the general plan meets with your ap- proval, we work with the Manager and agencies Mr O'Connell As a related suggestion, perhaps the Town would pro- vide a month long clean-up during June for the bonfire The Board agreed to the proposed plans for the 4th of July celebra- tion up to $1,000 Mr O'Connell recommended that the Board rescind the vote of March Rescind 24, 1976 requesting approval of the Appropriation Committee for a trans- Transfer fer of $660 to pay the Assistant Dog Officer for the remainder of FY 76 Vote The Appropriation Committee had tabled the request and, in the meantime, it has been decided to transfer the money from Account 9000-Miscellaneous Salaries Upon motion duly made and seconded, it was voted to rescind the vote of March 24, 1976 to request approval of the Appropriation Committee for a transfer from the Reserve Fund to Account 3500-Animal Control Personnel Services The Board approved Mr O'Connell's recommendation to inform our leg- Bill islative representatives to support S 1489, a bill to increase Chapter 70 S 1489 104 Selectmen's Meeting May 24, 1976 aid to cities and towns; L xington's proposed increase would be $148,556 Historical Mr O'Connell request approval of the Board for his appointment of Comm. Appt Mrs Samalya Deutch to replace Mr Thomas Taylor, whose term has expired Mrs Deutch is also a lawyer and he felt she would be most helpful as a member of the Historical Commission She is one of the Commission' s recommendations Mrs Miley I don't know the merits of having a lawyer because the Commission hasn't existed long enough, and I haven't followed it too closely to know if it is essential In going through the TMMA interest sheets, I have noticed Spencer Lavin, who is a History Professor and Dean at Tufts Mrs Battin I believe he is on LCSR. It was agreed that Mr O'Connell is to talk with Mr Lavin and come back to the Board Police & Mr O'Connell informed the Board that the personal services budgets Fire will be brought to the meeting on June 1, to be followed one week later Budgets with the pink sheets This year, there was no settlement with either the Police or Fire Departments He proposed to establish for July 1, 1976 the interim personnel budget sheets, which would be an extension of 1976 budget sheets with additions when matters are resolved; to hold salary rates, holiday pay costs Chairman Kassler What effect would that have on insurance? Mr O'Connell It is proposed that we put in $100; 75/25 was in 111 last year's collective bargaining Mr Buse Then everything will be retroactive to July 1st? Mr O'Connell Yes The Board agreed Towing Policy Copies of a draft, by Mr O'Connell, of the Board of Selectmen's Policy on Police Authorized Towing were distributed to the Board. "At its meeting of May 17, the Board again discussed the matter of towing practice and clarified the intent of earlier policy state- ments It directed the Town Manager to transmit its clarified policy to the Police Department The Town Manager's understanding is outlined below for conformation by the Board of accuracy and completeness 1 The Police Department, using suitable criteria established by that department, shall determine for any Lexington firm which customarily offers vehicle towing service and which applies for Town business, whether that firm adequately qualifies to provide police authorized towing work 2 The Police Department shall maintain a list of all qualified and authorized towing companies, for which towing assignments will be made 3 The established policy and procedure of having the vehicle 1U5 Selectmen's Meeting May 24, 1976 111 owner or operator designate who shall tow his vehicle wherever possible shall be continued The owner's or operator's choice is not limited to the authorized list Police authority to order vehicle towing when in the judgment of the responsible police officer it is required by public safety interest, is not restricted by the owner choice procedure 4 Towing assignments shall be made from the authorized list by the Police Department on a regular succession basis which will pro- vide fair and equitable distribution of work over a reasonable time period. The Police Department shall after review with the towing firms involved, establish the most suitable schedule of work allocation 5 The Police Department shall issue a report monthly (?) covering the towing work allocations made during that period The Board agreed to submit comments to Mr O'Connell Mr O'Connell left the meeting at 8 33 p m. and returned at 9 30 p.m. Mrs Harold Johansson and Atty Frederick Conroy met with the Board Johansson Chairman Kassler At Mr McSweeney's recommendation, the Board has Banks Ave voted denial of Mrs Johanssan's request for a water connection until Water such time as legal and administrative problems were resolved Extension Atty Conroy Mrs Johansson owns a vacant lot on Banks Avenue and Request she would like to build a house on that legal lot The closest source of water is a 6" water main next door and she would like to extend that to her lot so she can get a building permit I suggested that she get an easement through Lot 15 and have it constructed at the owner's expense We would like to know, if Mrs Johansson can put the money up and get permission from the abutter, can we get permission to connect? Mr McSweeney I did have a conversation with her and I said that we have done sewer and water extensions at no cost to the Town but they were in public ways, and we have no right to go into an unaccepted street for an extension unless we have Town Meeting authority and we take an Order of Taking On public ways, it is an Order of Construction and we file all the betterments and we put the money in escrow and it is done by Town forces On an unaccepted way, we have to take a fee and go to Town Meeting Chairman Kessler That is if we do the work. Mr McSweeney If anyone does that - so you can grant the utilities When he turns it over to the Town, it is part of the subdivision control bill In this case, she doesn't own the road and we don't have the right to tell her she can't go out into Banks Avenue We have well over a couple of hundred cases in Town Chairman Kassler- Rather than try to solve it at this time, would it be satisfactory to refer it to Mr McSweeney and Mr Cohen and Atty Conroy can work with them. Duh Selectmen's Meeting May 24, 1976 11/ Mr Bailey I think there is sewer in the street When was that put in? Mr McSweeney On last year's construction from Carville We took an easement It was sewered both ways by Order of Taking from Town Meeting, and we sewered the houses on Banks Avenue Mr Busa You need a release from all the landowners and give it back to utilities Atty Conroy The Town has it all but 60 feet and we can get the 60 feet The Board agreed to refer the matter to Mr Cohen, Mr McSweeney and the Planning Board, with a request that a report be submitted to the Selectmen Lex.Housing Mr Temple Scanlon, Director of the Lexington Housing Authority, met - HUD - with the Board to request that the Board sign the letter and application Innovative to the U S Department of Housing and Urban Development for funds for Projects suburban scattered site single family housing for lower income families Such housing is to be constructed on land acquired by the Town through non-payment of taxes Mr Scanlon This type of application is restricted to neighborhood preservation and all but a few are lots in a developed neighborhood Last year, $2 million appropriation was approved and 14 communities were given grants; this year, the appropriation is $4 million We are asking for $600,000 to complete 19 units; this is a negotiated type of award and we can receive from $0 to $600,000 Once it is cleared by MAPC, it must be postmarked June 1 and received by HUD by June 3, 1976 Chairman Kassler I have a great deal of interest in this and would like to see it go forward The Town has indicated that single family housing for low and moderate income families would be acceptable in that this type of housing would serve to maintain and preserve the character of the existing neighborhoods Accordingly, Town Meeting has given the Selectmen the authority to sell a number of abandoned tax title lots to the Housing Authority for a nominal fee (1) with the proviso that the Housing Authority use these lots for single famly housing for lower in- come families Mr Busa Town Meeting voted some years ago that this is the direc- tion to go forward on rather than in congested areas Upon motion duly made and seconded, it was voted to sign the letter of application to the U S Department of Housing and Urban Development by the Lexington Housing Authority under the regulations of the Innova- tive Projects Program for FY 1976 Housing and Neighborhood Preservation " Conservation Mr Cohen recommended that the Board vote to accept a Conservation Easement easement along Vine Brook Upon motion duly made and seconded, it was voted to accept a Con- servation easement along Vine Brook from Mr and Mrs Ansel Davis of Grant Street, as authorized under Article 75 of the 1969 Annual Town Meeting 107 Selectmen's Meeting May 24, 1976 Mr Cohen receommended that the Board vote to accept easements from Bos Edsn the Boston Edison Company Easements- Upon motion duly made and seconded, it was voted to accept easements Wood St from the Boston Edison Company on Dots 528, 529 and 530 Wood Street Upon motion duly made and seconded, it was voted to table the re- Street quest from Mr Mark Moore, Jr for the installation of Town and Country Lights - street lights on Lois Lane Lois Lane Chairman Kassler read a reque<.'t from Mr McSweeney to sign sewer Colangelo and water assessments for Hartwell Avenue and to abate them. Hartwell Ave Upon motion duly made and seconded, it was voted to sign sewer Sewer & betterment assessments to Michael L, and Josephine Colangelo, 115 Water Kendall Road, in the amount of $3,114 25 on Lot 4 Hartwell Avenue and Assessments $2,643 87 on Lot 5 Hartwell Avenue - total of $5,758 12; to sign water betterment assessments to Michael L and Josephine Colangelo, 115 Kendall Road, in the amount of $675 00 on Lot 4 Hartwell Avenue and $570 26 on Lot 5 Hartwell Avenue - a total of $1,245 25 Upon motion duly made and seconded, it was voted to abate sewer betterment assessments to Michael L. and Josephine Colangelo in the amount of $5,758 12 and water bettE.rment assessments in the amount of $1,245 25 on Lots 4 and 5 Hartwell Avenue Chairman Kassler read a letter from the Lexington Minute Men, Inc Minute Men- requesting the use of the Battle Green for demonstrations to tourists, Battle in conjunction with the activities of the Guides Green Lt Joel Schulman of the Lexington Minute Men was present and ex- plained that it is their intent to demonstrate how a single musket oper- ates and, also, to fire the musket;', using a low charge The Board agreed to grant permission subject to (1) the Minute Men checking with Rev Handley, Director of Guides, for his approval; (2) re- ceiving the approval of Chief Corr to fire the muskets Chairman Kassler read a reque:'t from Bora Bora, Inc , 177 Mass Ave Bora Bora for an extension of hours under the Liquor Common Victualler license to 1 00 a m. rather than 11 30 p m. Upon motion duly made and seconded, it was voted to deny the request from Bora Bora, Inc for a closing hour of 1 00 a m Chairman Kassler read a requevt from the Lexington Bicentennial Band Battle Green for the use of the Battle Green for band concerts Bicenten Upon motion duly made and seconded, it was voted to grant permission Band to the Lexington Bicentennial Band for the use of the Battle Green for Concerts band concerts on Each Thursday evex.ing at 7 00 p.m commencing June 24 through August 19, 1976 Chairman Kassler read a request from the National Honor Society and Permit - II American Field Service for permission to hold an art sale Visitors' Upon motion duly made and seconded, it was voted to grant permission Center Grounds jos Selectmen's Meeting May 24, 1976 to the National Honor Society and the American Field Service to conduct an art sale on the grounds in front of the Visitors' Center on Saturday, May 29, 1976, from 10 00 a m. to 5 00 p m. Memorial The Board agreed to accept the invitation of the Town Celebrations Day Committee to participate in the Memorial Day parade on May 31, at 10 00 a m. MBTA Chairman Kessler read a letter from META Service Manager stating Lex/Waltham that the Authority has no plans to discontinue service on the route Bus Line operating between Waltham and Lexington Campbell The Board discussed the formal request for a dog hearing and it was Dogs agreed that Selectman Busa would conduct a dog hearing on dogs owned by the Campbell family at 413 Bedford Street (on June 9, 1976) Hartwell Chairman Kassler read a letter addressed to Mr McSweeney from Mr Avenue John Wofford, Director of Central Transportation Planning Staff, regard- Connector ing the status of the proposed Hartwell Avenue Connector in Lexington The letter states, "the proposal is to be funded by a combination of state and federal monies specifically out of the Urban Systems category The Department of Public Works has projects which are further advanced than the Hartwell Avenue Connector in both design and priority which will be ready for implementation within the next five years These projects total roughly $500 million The Department is thus faced with a severe shortage of monies available, even for very high priority projects Of course, if there is a radical change in the availability of monies to advance projects like the Hartwell Avenue Connector, the project could conceivably become more reachable If you wish to pursue the matter, I suggest that you write directly to the Department's Chief Engineer at 100 Nashua Street, Boston " The Board agreed that Mr McSweeney is to pursue the matter and to draft a letter for the Chairman's signature to Secretary of Transporta- tion Salvucci requesting a meeting to discuss the Hartwell Avenue Connector Order for Upon motion duly made and seconded, it was voted to sign the Order Street for Acceptance of Streets voted by Town Meeting Acceptances Construction Streets Betterment & Crescent Road 1103+ ft from Watertown Street to Green Lane Subdivision Briggs Road 380+ ft from Crescent Road to end Streets Great Rock Road 352+ ft from Crescent Road to end Subdivision Streets Hartwell Place 660 ft from Hartwell Avenue to end Brookwood Road 726 ft from Grant Street to end Fairfield Drive 660 ft from Brookwood Road to end Alteration Upon motion duly made and seconded, it was voted to sign the Order Order - Cor to alter the layout of the Town ways at the interesection of Clarke Clarke & Forest Sts 10 Selectmen's Meeting May 24, 1976 Street and Forest Street, with an award of damages to Mrs EdnaR. amag Schuh, 24 Clarke Street, in the amount of $183 75 Upon motion duly made and seconded, it was voted to award no damages on construction streets and subdivision streets Chairman Kassler read a memo from Mr McSweeney requesting the com- TOPICS ments of the Board concerning preliminary plans for traffic safety pro- Mass Ave / jects at Massachusetts Avenue and Pleasant Street; also, Waltham Street Pleasant St and Marrett Road A public informational meeting has been scheduled for -Waltham St June 22 in Cary Memorial Hall for all abutters and other interested /Marrett Rd parties The Board agreed to review the plans before the hearing An appointment to the Personnel Advisory Board was discussed Appointment- Upon motion duly made and seconded, it was voted to reappoint Mr Personnel Nicholas A. LaFauci a member of the Personnel Advisory Board for a term Advisory Bd of office expiring March 31, 1979 Chairman Kassler informed the Board that Mr Cohen and Mr Ralph McSweeney request that the Board vote to abate sidewalk betterments Cataldo assigned to Mr Ralph Cataldo, 57 Bow Street, in the amount of $1,334 22 Sidewalk Mr Cohen Counsel for Mr Cataldo and I, worked out a settle- ment agreement whereby Mr Cataldc will not perform soil mixing op- erations that will minimize the dist, noise and other detrimental effects on surrounding property and on the inhabitants of the Town Regarding the sidewalk betterment abatement, this was agreed as settlement of the damage suit brought by Mr Cataldo against the Town for a taking for sidewalk improvements Upon motion duly made and seconded, it was voted to abate sidewalk Ralph betterments in the amount of $1,334 22, which were assessed against the Cataldo property owned by Mr Ralph Cataldo, 57 Bow Street, Lexington Sidewalk Abatement Upon motion duly made and seconded, it was voted to sign the settlement agreement with Mr Ralph Cataldo regarding his suit against the Town 1 Ralph D Cataldo and the Town of Lexington agree to dismiss the aforesaid Civil Action No 239341 with prejudice, each party its own costs, and to take all procedural steps necessary to secure dismissal of the aforesaid action 2 Ralph D Cataldo does, for himself, his successors and assigns and anyone claiming through or under him release and forever discharge the Town of Lexington and all its past, present and future officers, agents and employees of and from all causes of action, damages, liabilities , expenses and costs whatsoever aris- ing by reason of the occurrences and transactions associated with the taking described in the complaint filed in Civil Action No 110 Selectmen's Meeting May 24, 1976 339341, whether heretofore or hereafter accruing and whether now known or not known to the parties hereto 3 The Town of Lexington agrees to direct its collector of taxes to dissolve the aforesaid liens described in Certificates of Municipal Liens Nos 8 and 9, dated January 6, 1976, by filing in the Middlesex South Registry District a certificate that the assessment constituting the lien together with any interest and costs thereon has been legally abated. 4 Ralph D Cataldo agrees that he will not perform soil mixing operations or other activities of a similar nature except during normal business hours, under such conditions (including wind and other climatic conditions) and at such locations on his premises as will minimize the dust, noise and other detrimental effects on the suurounding property and on the inhabitants of the Town of Lexington Mystic Valley Mrs Miley discussed the request for a nominee for election to the Council for Board of Directors of Mystic Valley Council for Children She informed Children the Board that she had contacted Mrs Winifred Friedman, who enthusias- tically agreed to have her name considered by Mystic Valley Upon motion duly made and seconded, it was voted to submit to Mystic Valley the nomination of Mrs Winifred Friedman for election to the Board of Directors of Mystic Valley Council for Children Chairman Kassler announced that the Board has an appointment in Executive Session with Chief Corr to discuss a matter of personal repu- tation and Mr O'Connell has a matter concerning a personal reputation Executive Upon motion duly made and seconded, it was voted by a 5-0 roll call Session to go into Executive Session for the purpose of discussing the reputa- tion of people Open Mr Herbert Grossimon questioned whether the person being dis- Meeting cussed in Executive Session has been informed? Law Chairman Kessler- Mr O'Connell's subject is not here but, as far as Chief Corr, yes Mr Grossimon I would point out that the Open Meeting Law says that it can be held in open meeting if the person so requests Chairman Kassler As in any matter, that is open to interpretation Personally, I don't think that if the name is discussed, he has to be brought into the meeting; because, in effect, you totally hamstring the governing body and, until I am convinced that no person's name can ever be brought up in Executive, I don't interpret the law that way Mr Grossimon That is why I asked Town Counsel It is Town Coun- sel's opinion that is the law Mr Cohen Mr Grossimon came to me and we discussed it He said that it is a question and there is a flaw, and I said that he did have a point, but the Legislature is trying to make a change to make it workable Chairman Kassler Are you saying that under no circumstances can any person's name be brought up without informing that person and not give him the opportunity to come in? iii Selectmen's Meeting May 24, 1976 Mr Cohen There aren't anycan't court cases You can t go into Execu- tive session if an individual requests it for open meeting I tend to side with Dr Kassler as it really is unworkable There have been no court cases Dr Kassler I know of no cases Mr Bailey The intent of the law is to give the person recourse if he feels he has been injured. I interpret it as a protective thing Mr Grossimon If it is scheduled, that person should be informed Chairman Kassler to Mr O'Connell Has the person you are referring to been informed? Mr O'Connell Yes, in a sense, as it involves whether or not there is to be a meeting If so, the party has said that he would desire to be represented On the question of the other individual, yes, the individual is aware of it If they are affected, the parties would be present at a meeting when appropriate action is taken Mrs Scigliano Based on what he has just said, I don't think there is a right for Executive Session Mr Cohen This is the type of thing where real thought can be given to it by the League of Women Voters Chairman Kassler We are going into Executive Session with Chief Corr and also with Mr O'Connell for a reason he feels warrants Executive Session I am going to accept it and if anyone wants to challenge I declare Executive Session as the Board has voted After discussion of matter concerning the reputation and character of persons, it was voted to go out of Executive Session Upon motion duly made and seconded, it was voted to adjourn at 11 30 p m A true record, Attest Executive Clerk, Selectmen