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HomeMy WebLinkAbout1965-08-23-min 266 cr C, SELECTMEN'S MEETING ' AUGUST 23, i€5 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, August 23, 1965, at 7 :30 P.M. Chairman Cole, Messrs . Burnell, Cataldo, Sheldon and Mabee were present. Mr. Legro, Town Counsel, Mr. Carroll, Superintendent of Public Works, and Miss Murray, Execu- tive Clerk, were also present Mr. Stephen Choate, 10 Childs Road, Lexington, applicant for a Guide 's license, met with'the Board The Chairman explained that the applicant had passed the examination and was certified by the Acting Chief of Police. Guide Upon motion duly made and seconded, it was voted to issue a Guide 's license to Stephen Choate, 10 Childs Road, for a term expiring April 1, 1966 . Request for four jurors was received from theTown Jurors Clerk. The following individuals were drawn for jury duty: James G. Cassani, Jr. , 28 Barbell Street; John M. 11 Colman, 14 Chase Avenue; William Hall, 38 Kendall Road; Francis L. Bradley, 6 Farmerest Avenue . Letters from Miss Lillian Jones , 8 Buckman Drive, and Mrs . Percy H.. Lanpher, 7 Buckman Drive, requesting the installation of additional street lights on Buckman Street Drive lights A copy of the letters had been submitted to Mr . Carroll who advised the Board that he had taken care of these requests The Chairman read a letter from David H. White, 5 Whittier Road, requesting that some action be taken to properly indicate the division of Graham and Whittier Street Roads. signs Mr. Carroll reported that Mr. Burnell had mentioned this to him two days ago and he has already written a work order. Letter was received from Frank Sandy, 353 Emerson Road, requesting installation of street lights at the Street intersection of Emerson and Angier Roads. lights A copy of the letter had been submitted to Mr. Carroll who advised the Board that he had taken care of the request 267 Petition wPs received requesting the Board to make an investigation of the traffic flow conditions at the Traffic intersection of Great Road and Hartwell Avenue Upon motion duly made and seconded, it was voted to refer the subject to the Traffic Study Committee At the request of Acting Chief Corr, upon motion duly made and seconded, it was voted to appoint Special Arthur E. Burrell, 2 Thoreau Road, and George Freeman, Police 13 Grant Street, Concord, Mass. , Speck]. Police Officers for terms expiring March 31, 1966 Upon motion duly made and seconded, it was voted World Law to proclaim September 13, 1965 World Law Day. Day Mr. Adams, a former member of the Board of Select- men, suggested that he elaborate on the subject of the police force and law enforcement in connection with the World Law Day Upon motion duly made and seconded, it was voted to authorize the Chairman to sign Liquor Purchase Identi- fication cards for the following, satisfactory evidence Liquor of their ages having been submitted : Carol Wheeler, 31 I.D. Cards Sylvia Street ; Robert E. Coyne, 3 Sheridan Street and John Kelley, 1 Kendall Road. Letter was received from Charles F. Sisk, Adjutant, requesting permission, on behalf of the American Legion, Stanley Hill Post No. 38, Inc . , for permission to hold Horse Show a Horse Show at Willardts Woods on October 10, 1965, from 10 :00 A.M. until 6 :00 P.M. Upon motion duly made and seconded, it was voted to grant the request . Letter was received from Mrs . Aaron A. Galvin, 15 Barberry Road, requesting permission to conduct a labor Square Day Weekend square dance on Barberry Road (at #26) on dance Saturday, September 4, or Monday, September 6. Upon motion duly made and seconded, it was voted to grant the request Letter was received from William R brohalon, 14 Square Benjamin Road, requesting permission to conduct a square dance dance on Benjamin Road, Saturday, September 18, 1965. Upon motion duly made and seconded, it was voted to grant the request Upon motion duly made and seconded, it was voted to certify the character of Frank L. Shunney, 24 Revere p GJ 268 CP Street, an applicant for a Certificate of Incorporation, I/ Cert . of satisfactory references having been received from Acting Inc . Chief Corr. Upon motion duly made and seconded, it was voted to certify the characters of Michael A. Miller and Cert . of Annette L. Miller, 5 Partridge Road, applicants for a Inc . Certificate of Incorporation, satisfactory references having been received from Acting Chief Corr. Upon motion duly made and seconded, it was voted to grant the following licenses : Lexington Theatre, Inc . 1794 Mass . Avenue renewals John C. Lyons Cook St . , Pinehurst Taxi Licenses Herbert R. Rowe Lexington Street, Woburn Taxi Gerald J. Umina 46 James St . , Lexington Edward Foley 22 Lakeview St . , Arlington " Upon motion duly made and seconded, it was voted Use of hall to grant the Lexington Choral Society the use of Cary Memorial Hall on December 3, 4 and 5, subject to the established regulations . The Chairman read a letter from the Town Clerk iesignation advising that Haskell W. Reed had resigned from the Committee on the Revision of the General By-Laws . The Chairman read a letter from the Town Clerk advising that the Moderator has appointed Mr. John F. Appointment Cogan, Jr. and Mrs. Ruth Morey to the General By-Laws Committee to fill vacancies caused by the resignation of Mr. Haskell W. Reed and Mr . Robert E. Meyer. Upon motion duly made and seconded, it was voted Minutes to approve the minutes of the Selectmen's Meeting held on August 9, 1965. Invitation was received from the Stanley Hill Post Invitation No. 38, American Legion, to attend the Installation of Officers on Sunday, September 19, 1965, at 4:00 P.M. in Cary Memorial Hall . Mr. Alden L. Ripley met with the Board at 7 :45 P.M. for further discussion relative to an extension of time House at for demolition of the house at 572 Massachusetts Avenue . 572 Mass . The Chairman stated that the second extension Mr. Avenue Ripley had would run out on August 26and asked what progress had been made . Mr. Ripley replied when he came to the Board be- fore, that is the last time , all of the people who were 269 interested in trying to do something with it were more or less tied because of the fact they were then talking almost entirely of getting it onto a lot of land owned by the Town on the opposite side of the street . He said he asked at that hearing, that the protection for the house be continued until the next Town Meeting when- ever that might be. The Board did not want to extend it that far because it appears there may not be any Town Meeting this fall; yet nothing could be done until a Town Meeting. He said he was at the meeting this evening on the same problem. There are now two people definitely interested in putting this house on a private lot of land if they can clear the house . He said it is not easy to do these things in a month or two or three On one of these lots, the land, the question of clearing the title. The owner is more or less willing to go along and more or less agreeable on the price. The title has to be cleared up. He said he was asking at this time that the Board extend it for another thirty days . At the end of that thirty days , he may be back and ask for another one if it cannot be cleared up in the meantime . Neither of these sites are very far away from the present site of the house . He said from the point of view of the historical interest, the house would not be miles away. In either case, the house would be completely renovated and in one case, lived in by the owner, and in the other, the owner will rent it The Chairman asked if the prospect would be willing to buy the house now. He said he would have it and the Board would give a certain length of time for him to move it. Mr. Ripley asked if he understood that the Board would actually give away the house to get rid of it . The Chairman said the Board might charge a dollar. Mr. Ripley said anyone would give a dollar. Mr. Legro said he just wondered what would happen if he did not perform his agreement . The Chairman said it would revert to the Town. He said the Board wants to dispose of the house. Some people think it is of value. In order to cooperate with these people , the Board could vote to sell it. Mr. Legro said he supposed the Board would like to have an agreement to have it moved from the present site to another site Until the man has a site, it would be difficult to enter into such an agreement . Mr. Ripley asked if Mr . Legro meant this would be more of a protection, a token transaction Mr Legro replied he raised the question whether the agreement would really perform anything. 270 cr n Mr. Sheldon slid the man has to be sure he has a place to put it . Mr. Ripley said that is what he is not sure of at the present time . He said he has gone over ten or twenty lots of land within a half a mile in that area . He said he could not see that thirty days, and possibly another thirty days, can make much of a difference in the life of this house. Mr. Sheldon suggested that the Board give Mr. Ripley and his committee another thirty days with the thought in mind that at the end of that time he will be far enough along with his project so a reasonable amount of time can be arranged for the removal of the building. He said at the moment he thought a thirty-day extension would be indicated because from what Mr. Ripley says, he is making progress Mr. Burnell said he would agree to a thirty or sixty day extension and would agree to an extension to the next Town Meeting which may be March. He said Mr. Ripley would certainly have plenty of time to do all that is necessary to handle the situation; also, Town Meeting could approve it, if necessary He said if nothing is accomplished by that time, he would favor demolishing the building. The Chairman explained the Board has authority to dispose of the house now. Upon motion duly made and seconded, it was voted to extend the time for thirty days to take effect begin- ning August 26, 1965 Mr. Legro advised the Board he had prepared a deed conveying th Irene B. Graziano all that part of Lot 354 lying within the Town of Lexington that is included in Lot 3 on plan entitled "Plan of Land in Winchester, Mass . (General Residence ) owned by Irene B. Graziano", dated June 1963 and all that part of Lot 355 lying within said Town of Lexington that is included in said Lot 3 Upon motion duly made and seconded, it was voted to execute the deed as submitted by Mr. Legro. Mr. Legro stated he had a contract for traffic signals at Massachusetts Avenue and Waltham Street which is in good form except the insurance certificates Traffic have not been received. Signal Upon motion duly made and seconded, it was voted Contract to sign the contract , as submitted by Mr. Legro; same to be held by Mr. Legro until the certificates have been received. Mr. Legro stated he had a contract between Whitman & Howard and the Town of Lexington for engineering services 271 on the various streets as listed in the contract Engineering Upon motion duly made and seconded, it was voted Contract to sign the contract as submitted by Mr . Legro . Mr. Carroll referred to the ban on the use of water and said, as he understood it, the Board took some action over the telephone last week r,ecause of the fact the NDC came out with a ban the middle of the week. He said he had a vote, a copy of which he submitted to each member of the board, which he hoped the Board would consider He said, at the present time, he was try- ing not to use Town water at the Buckman Tavern and the Common. He is using water from the reservoir and brooks which is working out very well. Mr Sheldon suggested that the vote be printed in the paper because of the resentment on the part of some of the citizens. Upon motion duly made and seconded, the following vote was adopted : Due to the continuing drought and the serious de- pletion of the reserve in the Sudbury Reservoir in the Metropolitan District Commission water dis- tribution system which has caused the State Depart- ment of Health to declare that an emergency exists under G. L. Chapter 40, Section 41A, the Board of Selectmen, acting as a Board of Public Works, does hereby vote to place the following restrictions on the use of water in Lexington: A) The use of all automatic sprinkling systems B) The use of hoses for washing motor vehicles, watering lawns and gardens, washing down driveways, sidewalks and highways C) The use of water-cooled air conditioning equipment , swimming pools, bathing pools, wading pools and fountains - any of which are not equipped with water recirculating devices The following uses are excepted from this ban: 1) Vegetable gardens (not flower gardens) . 2) Golf course greens (not fairways ) and other commercial uses such as nurseries, farms , etc . , to which the use of water for sprinkling is vital 3) Lexington Common and Buckman Tavern grounds which are National historic Shrines . 272 CZ c acrC, 4) Cases which are not covered in L and 3 above but which in the opinion of the Superintendent of Public Works are special in that they would cause considerable hardship or substan- tial monetary loss to occur if watering was not allowed. Special exemption permits must be applied for by ap- pearing in person at the Superintendent of Public Workst Office in the Town Office Building Mr. Carroll referred to Federal aid for the Brook Street pumping station and stated the Department of Public Health is prepared to make an offer of S1.49,800.00 and have Brook sent forms which have to be filled out . He mentioned, with Street reference to the Woodhaven trunk sewer project , that the Pumping Board authorized him to be its representative. Station With reference to Federal aid for sewer force main for the Brook Street pumping station, WPC-Mass-142, upon motion duly made and seconded, it was voted to adopt the following resolution: 1. That the construction of said project is essential to and is in the best interest of the applicant, and to the end that said project may be constructed as promptly as practicable it is desirable that action preliminary to the construction thereof be undertaken immediately; 2. That John J. Carroll, Supt. of Public Works, be hereby authorized to file on behalf of the applicant an application (in the form required by the United States and in conformity with 33 U.S.C.466e) for a grant to be made by the United States to the applicant to aid in defraying the cost of construction of the sewerage treatment works de- scribed above; 3. That if such grant be made, the applicant agrees to pay all the remaining cost of the approved project, over and above the amount of the grant; 4. That if such grant be made, the applicant agrees to make provisions satisfactory to the Surgeon General of the Public Health Service for assuring proper and efficient operation and maintenance of the treatment works after com- pletion of the construction thereof; 5. Th at the said John J. Carroll, (Supt. ) is hereby authorized to furnish such information and to take such other action as may be necessary to enable the applicant to qualify for the grant; 273 6. That the said John J. Carroll (Supt ) is hereby designated as the authorized representative of the appli- cant for the purpose of furnishing to the United States such information, data, and documents pertaining to the application for a grant as may be required; and other- wise to act as the authorized representative of the appli- cant in connection with this application; 7. That certified copies of this resolution be included as part of the application to be submitted to the United States , for a grant . Mr. Carroll said he was in the process of having Cary Memorial Building painted inside and the floors done over, and explained, up against the stage, there is a Cary Mem- series of hardwood floor doors that can be lifted out for oriel storing risers which he felt should be replaced with a Building permanent section of floor. Mr. Douglas has submitted a bid of $433.56 and he has sufficient funds in his budget to cover this additional expense . He said he would like to make a permanent floor. The Board had no objection. Mr. Carroll said he planned to take his vacation next week The Chairman said there would not be another meet- ing until September 13. Mr. Carroll said he had some trouble on easements but thought they could be handled. At 8:00 P.M. , Messrs . Greeley, Bilafer, Homer and Feeley of the Arlington Board of Selectmen, met with the Board for the purpose of discussing the Great Meadows . Mr. Greeley said they had a committee named "Tne Great Great Meadows Committee", but that committee has been Meadows abandoned. The whole Board was to attend the meeting this evening and hear the Lexington Selectmen's story. He said he did not want to raise the Board 's hopes or those of the Town of Lexington. He said he would like the Chairman to tell them the story of what he believes can be done and how it will be helpful to both towns. The Chairman stated that Mr. Greeley and he talked the Great Meadows to some extent . They both agreed that the Town of Prlington owned the Gr-at Meadows , and it being in the confines of Lexington. He said Lexington would like to own it and have it in the confines of the Town. He said he understood in Arlington many people 1 GJ 274 regard the Great Meadows as a watershed and some agree- ment would have to be made so nothing could be done to destroy it as a watershed. He and Mr. Greeley agreed that if each Town had a committee of three and worked as one committee, not necessarily the Selectmen, it could work out whatever details . He said his feeling would be that the Town of Lexington could purchase the property and it could be done under conservation, even He said the Town could, he thought, be reimbursed to some extent and it would always be for conservation purposes. If it were open to people of Arlington and Lexington, Arlington would have the use of the land and it would not be paying taxes . He said it would not be destroyed and would be kept as a conservation measure. He explained there are restrictions on conservation land . Mr. Greeley said they come into the condition of certain officials in the Town being very strongly against this. Some of them believe this is still a watershed, although he does not . He said tae land value of the Town could not be considered . He stated it would be with the understanding that Lexington would keep it in its natural state or develop it into a park but there would be no thought to selling to a developer. He said he was op- posed to giving the Town of Lexington $1600 a year for taxes for something Arlington has nothing to gain. He explained he was only speaking as one member of the Board. He told the other members as they came in here, they would listen to the Lexington Board and take it back as presented. One of the men said the Chairman cited the long-range viewpoint, from the standpoint of the Town of Lexington, would be to leave this in its natural state The Chairman said Lexington would not destroy the natural state. Mr. Sheldon explained if this were acquired under conservation, the Town would have no right to sell any portion of it or to divert t to any other use . He said he was sure these problems could be examined by all, and the protection is quite adequate .. Mr . Greeley mentioned the possibility of developing the land into a golf course. The Chairman said it could be some form of recreation and all these things would be in an initial agreement . He said if Lexington acquires the land, it would expect the price to be in keeping with the benefits to both towns . One of the men said when the Planning Board met with them, the point brought up at that time is still strong today. On the books of the Town of Arlington having spent money for the Great Meadows, he believed the figure to be one million or one and a half million that has stood the Town of Arlington. Arlington had to buy the land for 275 a watershed. He stated there was a water company and the Town purchased all its visual equipment , plus the land . This amount of money has been brou5ht before the Town Meeting. The Chairman said if this money was spent to protect the watershed, and they are still going to have the water- shed, wouldn't that dispose of it . One of the men said people in Arlington are looking at it as saleable property. It is a dangerous position for any official of the Town of Arlington to be put in. The Chairman said it was his understanding there was at least a very vocal group in favor of retaining it the way it is . Mr. Greeley said that was pretty much correct . One of the men said there has been no commitment to selling. Mr . Greeley said they have never put a price tag on the land. He said he thought it makes a great difference if one is Belling the land to a neighboring town who intends to keep it in its present state One of the men said the strength of the whole argument will be if the use of the land will be of value to Arlington. The Chairman said the Board accepts the fact that this land in its entirety is of value to the Town of Arlington and the Board would do nothing to take that value away. He said this could be spelled out in an agreement. Mr. Greeley said this is something that will not be easily handled They have the Town Manager. He would like to develop it and thinks it would be a great idea for another Symmes Hospital, but he, personally, was op- posed to spending money in Lexington. One of the men asked if the Board had looked into the legal aspect as to whether or not Arlington has the right to sell the land . The Chairman said it may take an Act of Legislature, but he did not know He stated if Arlington owned it and is willing to sell it , and Lexington is willing to buy it, Arlington would be willing to vote to sell and Lexington would be willing to vote to buy, he was sure the representatives in Arlington and he could get the Act through. One of the men said it was deeded to the Town of Arlington for the express purpose of a watershed . The Chairman stated this is why he suggested that a committee be appointed, and charged with the investigation of all possibilities . Then they would repot back and the Board would take action from there Mr. Greeley said he believed the Board of Selectmen, acting as the Water Commissioners, has the right to sell the Great Meadows 276 CP C, Mr. Legro stated it was acquired by several deeds and by some takings . There have been at least two special Acts of the Legislature relative to the Town of Arlington's powers in using the Great Meadows. He said he has read them, there is a history, and it will take more careful study than a guess of what was read some months ago Mr. Greeley said they wanted to go back to the Board and discuss this at great length. If it wants to name that committee, it will notify Lexington's Board and that is it . He stated there are people in Arlington who are just as much opposed to selling as there are in favor This title was searched four or five years ago. One of the men said it was only the boundary. He said right now he would not be for the sale to the Town of Lexington. He said this may be too much in the future . He said it is Lexington's thought if this takes place, the Great Meadwos would come under the Conservation Commission's control. The Chairman said it could and might be desirable that it would. He said at this point he is not sure. He said he would want to go slow and make sure the Town of Arlington and the Town of Lexington both benefited One of the men said it is possible with a sufficiently strong presentation of advantages to Arlington that some- thing could be worked out. He said until they have a concrete proposal that it would work to the benefit of the Town of Arlington, Lexington would not get anywhere . The Chairman stated that is why he suggested a com- mittee to report to both Boards. One of the men said any committee appointed would be an exploratory committee. The Chairman said that was correct. The committee would be given a proper charge and the Board would want it to find out if it is possible to do it . The Arlington group would present the reasons in opposition. The Lex- ington group would present the reasons for and against from Lexington's gtandpoint Mr. Greeley said they would discuss this before the Board. He said Lexington's feeling is that in its wisdom the Arlington Selectmen should name a committee of three to study and investigatd and report back. The Chairman said he did not think either town stood to lose anything in naming a committee The group retired at 8:30 P.M. Letter was received from Mr. Irwin, Building Inspector, together with a letter he received from Barry B. McGinnis, 14 Cottage Street, complaining about Mr. John Daley, 20 277 Cottage Street, parking a commercial truck overnight on ' Cottage Street . Mr. McGinnis was present at the meeting and said Zoning this is his third complaint . complaint The Chairman said he thought this had to be referred to the Building Inspector for action. Mr. McGinnis said the Zoning By-Law says garaging of commercial vehicles in an R-1 district on a person's property is illegal. Mr. Mabee asked if he was talking about a zoning violation. The Chairman said the only thing the Board can do tonight is refer this to the Building Inspector and go over previous correspondence . Mr Mabee asked if Mr. McGinnis felt this was a zoning infraction and he replied in the affirmative . The Chairman read a letter from the Town Treasurer advising that it is necessary to borrow $300,000 in anti- cipation of taxes . The letter also included a list of Borrowing bids received for the borrowing. Upon motion duly made and seconded, it was voted to borrow the sum of $300,000.00 in anticipation of taxes Upon motion duly made and seconded, it was voted to approve the bid of 2.02% discounted received from the New England Merchants Bank of Boston. The Chairman read a letter from the Alcoholic Seiner- ages Control Commission with reference to the sale and "Package delivery of alcoholic beverages on Labor Day, Monday, Goods` September 6 , 1965, which is a legal holiday in Massachu- stores setts "Package Goods" stores shall not sell or deliver alcoholic beverages before one o 'clock P.M. Upon motion duly made and seconded, it was voted to close all "Package Goods" stores the entire day. Mr. Leslie York, Chairman of the TMMA, met with the Board and extended an invitation to the Board to Meeting attend a meeting of the Executive Board on September 8 at Mrs . Touart 's home, at 8:00 P.M. Mr. York asked the Board 's approval of request to obtain a copy of the Selectmen's agenda every Monday. Agenda The Board had no objection. Mr. York, representing the Public Facilities Build- ing Committee , said the committee originally had a con- tingency of $2500.00. There have been some savings, so now the amount is $3760 .00 . He said the Committee would I 278 cc CI like to have terrazzo floors in the building. They have a figure of $1900.00 for this but it is a change in the contract and therefore it is necessary for him to come Public before the Board. Facilities Mr.Mabee mentioned that contingencies come in at Building the end Mr. York said they are pretty well along and this has been discussed with the contractor. The Board wa in favor, and upon motion duly made and seconded, it was voted to authorize the Chairman of the Board to sign the change order, as submitted by Mr. York, on behalf of the Town The Chairman read a notice from the Office of the Attorney General, Edward W. Brooke, rlative to a meet- ing on September 34, 1965, Gardner Auditorium, State Milk House, at 11 :00 A.M. It stat$.d the importance of repre- hearing sentatives of all departments concerned with the purchase of milk attending the meeting. The Clerk was instructed to forward a copy of the communication to the School Department. With reference to classification of boards, com- missions and committees , Mr. Legro said there are certain exemptions given to special employees that are not given to a regular employee, and in some instances he can make disclosures that a regular employee could not do The Chairman said he understood that special employees of the Town doing business with other departments than his own has to make a full disclosure of his interest in the transaction and how much he makes on the transaction. Mr. Legro said first of all, it prohibits all employees except as to special employees it only applies to a particu- lar matter in which he has at any time participated as a municipal employee or which is pending before nis particu- lar municipal agency. There is no requirement of dis- closure to a special employee except in those particular matters. The participation provision of the statute makes no distinction between a special and regular. Neither are permitted to participate in such a particular matter. The Chairman asked if he, if he were a special em- ployee, could sell insurance to the School Department, not being on the school board. Mr. Legro replied so long as he did not participate in any manner in the transaction as a municipal employee or so long as it was not a part of his official responsi- bility at that time or he was prior to that. The Chairman said the Board feels the special employees should know the limits beyond which they can't go and would like to give them a statement. 279 Mr. Legro advised that any employee on finding the conflict may make a full disclosure and dispose of his interest He said if one has a 10% interest in a corporation doing business with the Town and finds out about the conflict, he disposes of the 10% interest in the corporation. The Chairman said if he did not dispose of the 10%, hewould be in conflict . He asked if there was some- thing the Board could give the special employees to make them aware of the possible conflicts. Mr. Legro asked if the Board wanted him to digest the law. He said they have the right to ask the opinion of the Town Counsel which should be based on the particu- lar facts. Mr. Sheldon asked if Mr. Gray could take some of the burden off Town Counsel and get a letter which he would ask Town Counsel to approve that could be reasonably complete , and then send it out with the Chairman's signa- ture . Mr. Legro said it might be helpful if an abstract of the statute was made, naming triose things that are prohibited. The Chairman said the onus is on the employee to initiate whether he has a conflict or not. Mr. Legro advised it is on all employees. The Chairman stated the Board is trying to protect the employees and say there is a statute on the book, take a look at it, and if there is any doubt, find out. Mr. Legro said he could set up the three particular sections naming the things prohibited; a statement that all municipal employees are regular unless classified special by the Board of Selectmen The Chairman said he thought it would be helpful and Mr. Legro said he would be glad to do it He said if the problem becomes burdensome , he thought a form should be submitted to the department heads. Mr.Legro said a special employee is exempt if he files a statement with the Town Clerk, a statement of his interest and those of his immediate family. If the Selectmen approve his exemption of his interest from that action. Mr. Cataldo asked if a special employee could go before his own Board and get this exemption. Mr. Legro replied he can't go before his own Board. He explained he has to be exempted by the Board of Selectmen who are regular employees . Mr. Cataldo said a special employee could not deal with his own Board under any conditions . Mr. Legro said that was correct unless he disposes of his conflicting interest 280 Cr el The Chairman said the Board would proceed in this manner and Mr. Legro would get something together to be sent out to all departments. The Chairman said he felt the Board of Fire Com- missioners should not be regular employees and asked if the Board had any other Boards. Mr. Cataldo said anyone signing contracts for the Town or entering into agreements for the Town; just confine it to the Board of Selectmen. He asked why the Fire Commissioners and Cemetery Commissioners should be regular and the School Building Committee spending millions of dollars be special . Mr. Mabee explained the sums of money the School Sites ' people and the Standing School Building people spend are not done on the basis of an annual appropriation of a Town Meeting where they have a budget and are expected to purchase regular items. They are expected todevelop some kind of plans , obtain bids and then go before Town Meeting before any money is spent . This is in contrast to the Fire Commissioners and School Committee Mr. Cataldo said this is where he disagreed. They are spending millions of dollars in one short contract . Mr. Legro said, in his opinion, it is a distinguish- ing factor as is the notoriety the given Boards have through open meetings and Town Meeting. He said he thought a number of factors were involved; the number of people hired and employed, the frequency of purchase, the difficulty of getting competent people who will be affected, by the Conflict of Interest law. The Chairman said the School Building Committee goes to Town Meeting and gets a blank check for so much money and administers this money. They have within their power to do business with the architect and contractor. There is very little control. Mr. Legro said except for architectural services, it is all subject to competitive bidding and they are pro- hibited from having any interest The Fire Commissioners have a budget which may be 90% personal services but in- volving a lump sum appropriated at Town Meeting and spend as they see fit for their department. The Standing School Building Committee gets an appropriation for architect 's service and construction, original furnishing and equipping of a school for particular purposes and in carrying out functions that may be required. Mr. Cataldo said they are still spending large sums of money. On individual contracts, most contracts are purchasing off the shelf items The Board does not know the specifications to begin with He said he would put anyone negotiating for the Town or entering into contracts do a regular basis ' 281 The Chairman said all boards should be treated the same way and should all be special employees . He said he thought the Board owed something to the special employees so that they were aware of the problems . Sheldon asked if the Fire Commissioners, School Committee and Cemetery Commissioners were to be made special rather than regular Mr. Cataldo replied he was in favor of putting them all regular or none. Upon motion duly made and seconded, it was voted to classify the Board of Fire Commissioners, School Com- mittee and Cemetery Commissioners as Special Municipal Employees. The Chairman reported that Mr Jeremiah wants to take a six months ' leave of absence so he can go to another part of the country. If granted, there would be an interim Electrical Inspector . Mr. Sheldon reported Mr. Jeremiah had called on him. He said there have been situations in departments before, to wit, the Fire Department . A man wanted to take another job, and if he did not like it, he was a Wire fireman again. He asked if a precedent were being Inspector created. Generally speaking, if a man wants to leave a job and take a chance, he should take the chance. The fact it is done this time, it might come up again. Mr. Cataldo said he thought the Board should know whether or not someone competent can be employed. Mr. Burnell said there is a question in his mind whether his recommendation of a substitute for the interim period can do the work The Chairman asked if a full-time fire or police- man could be a part-time Electrical Inspector Mr. Legro said he did not see any involvement of the Conflict of Interest law. Upon motion duly made and seconded, it was voted that Mr. Robert Jeremiah, the Wire Inspector, on a part-time basis, be granted a six months ' leave of absence providing a suitable replacement can be found. Mr. Carroll retired at 9 :34 P.M. Mr. Alfred Busa met with the Board and stated he had received an agreement from Mr. Legro, Town Counsel, with reference to the lots on Circle Road. He explained there are some changes he would like to make. He mentioned lots in the process of tax title which he said Mr. Legro advised are in that stage but can't be written in the agreement. The question of all lots being no less than 282 a seventy-five feet This was agreed upon by Mr. Busa but he would like to have ap ortion of lots . If someone wanted eighty feet, he would like to cut them in half g y and give one person eighty feet He stated no lot would be less than seventy-five feet. Mr. Legro informed the Board he has already discussed these and said he would recommend them to the Board of Selectmen. Mr. Busa said he would like to extend the time to June, 1968. This would give him time to look at the lots . He said the other thing bothering him is paragraph 4 which states that on or before the time of the delivery of the deed c6hveyibg the lots, the trustee agrees to transfer to the Town a surety bond in form of security satisfactory to the Town in the penal sum of $30,000.00 This is a performance bond which Mr. Legro felt he should have. Mr. Busa said he would like to have it read "at or before the commencement of the work", the Trustees agree He said he did not want to put up a performance bond tonight or next week if the Board signs the agreement tonight and then take six months looking up the title of the lots. He said he would like the Town to give him the deeds and in the deed state he would not build, sell or construct on these lots until a performance bond had been approved. Mr. Legro stated Mr. Busa just discussed this with him this evening. This is a draft agreement he prepared some time ago. He said he did not think the Board has even seen this agreement Mr. Busa said Mr Zaleski told him this had to be signed this eyeing. Mr. Legro explained the Planning Board will require the construction of Circle Road, sewer, water and drain to be under agreement and bond given before it approves the subdividion plans for the contiguous subdivision. The Planning Board may have said it would not give this approval until the agreement was signed. He said he could see no objection to the parts of lots as long as the seventy-five foot frontage is retained. He said, with reference to the bond for construction of the way and utilities, this was agreed to before and it would cost money to put up the bond now. On the other hand, the basis on which the Town is selling these lots is that Circle Road be constructed. He said the bond is security to the Town The Chairman asked, if this is an agreement and it has to be redrafted, wouldn't it have to go to Mr. Legro and be redrafted Mr. Legro replied the normal procedure would be for Mr. Busa to bring this to him and he would go over it and redraft it for the Board. He explained there are eight 2S3 or ten grants of easements to be obtained in Circle Road before this agreement would have any binding effect Mr. Busa gave the copy of the agreement and proposed changes to Mr. Legro. Mr. Busa retired at 9 :45 P.M. Mr. Burnell said the Board of Appeals will hold a public hearing on petition of Avon Realty Trust. He said the Board would recall that a couple of months ago it directed the Traffic Study Committee to make a study of Five Forks and come up with recommendations as might be needed to correct the traffic situation that exists there. For this reason, he was bringing this to the Board 's attention tonight . He understood that on this property it is proposed to build the first floor to be used for food store and the upper floor as office build- ing. The Planning Board probably would be in favor of no parking in front of the building. If this is so, it would appear to him that the Board may be faced, in a little while, with parking on the street, parking be required in order to take care of the store customers He said it would seem to him as a result of this study, that sooner or later on the street parking would have to be prohibited in that area. Mr. Sheldon asked if there would be land around the store. The Chairman replied it is limited. Mr. Burnell said the point he would like to make is the Board should make a recommendation to the Board of Appeals or at least bring to their attention the possi- bility that they give consideration in their determination so as not to force on the street parking which , it seemed to him, the Selectmen would have to eliminate Then the property owners will have a double problem. He stated he would like to bring this up so the Board could write to the Board of Appeals , recommend through the Planning Board, that this be given consideration. Mr. Sheldon said Mr . Burnell wanted to alert the Board of Appeals so it will not grant this without any misunderstanding on the parking. The Chairman suggested that, as Chairman of the Traffic Study Committee, Mr. Burnell attend the Board of Appeals ' meeting. He said a member of the Board of Selectmen could explain the situation and ask the Board of Appeals to take it into consideration. Upon motion duly made and seconded, it was voted to have Mr. Burnell attend the Board of Appeals ' hearing as a representative from the Board of Selectmen. GJ 284 CI Upon motion duly made and seconded, it was voted to go into Executive Session for the purpose of dis- cussing, deliberating or voting on matters which, if made public, might adversely affect the public security, the financial interest of the Town, or the reputation of any person. Following discussion pertaining to legal matters, it was voted to resume the open meeting. Upon motion duly made and seconded, it was voted to adjourn at 10 :13 P.M. Atrue record, Attest : , ( eq iv Cle k, Select C UUU rc 1