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HomeMy WebLinkAbout1929-04-08-ATM-MIN � 1 281 ADJOURNED TO"1N MEETING . - April 8 , 1929 . The melting was called to order by the Moderator Robert F . Dolt nt 7 : 30 P . M . Art . 25 . William H . Ballard moved that Article 25 be taken up . Cn motion of Mr . Ballard the following vote was . passed. : tf VOTED : Th - t the Town sell and convey to Lillian G . Marshall and Lois M . Marshall , in consideration of the payment by them of eight hundred and fifty dollars ( $850 ) the following described parcel of land : Beginning at a poi " t on Massachusetts Avenue at the boundary between land of the Town of Lexington and land of Lillian G . and Lois M . Marshall ; thence running westerly on Massachuset ;- s A " enue eight and 50/100 ( 8 . 50 ) feet ; thence turning at a right angle and running southerly sixty- seven and 80 /100 ( 67 . 80 ) feet to lane of Lois M . Marshall ; thence turning a t a right angle and run .- ing easterly eight and 50 /100 ( 8 . 50 ) feet : thence turning at a right angle An ' running sixty- seven and 80 /100 ( 67 . 80 ) feet to the point of beginning . Together with any easement now owned by the Town of Lexington in and over land of t ,. e sn id Lillian G . Marshall and. Lois 7 . Marshall and land of Hallie C . Blave adjoining the rear of the land of the said Lillian G . and. and Lois M . Marshall . Being part of the premises conveyed by George W . Spaulding to the Town of Lexington by deed. dated April 7 , 1906 and recorded with Middlesex South District Deeds , Book 3243 , Page .385 . The said conveyance is to be made sub - ject to any easement in or over the land conveyed vested in -,ny owner other than the Town of Lexington . And that the Board of Selectmen , or a majority of them , be and they hereby are authorized and directed in the name of and on behalf of the Town to execute and deliver an agreement for the sale of the said land as aforesaid , dated March 5 , 1929 and that the prorer officers of the Town be and they hereby are authorized and directed to execute and deliver a deed thereof to the said Lillian G . Marshall and Lois 1 . !farshall upon payment of the said sum of *850 . " Mr . Ballard explained th - t this rirticle had been in two previous warrants but action was postponed inasmuch as arrangements had not been made to complete the transaction . He informed the meeting that Mr . Arthur A . Marshall intended to build an entirely new building and the project would cost the town approximately $6800 . 282 Art . 28 . On motion of Mr . 'William H . Ballard P Article 28 was ta' ren up . Under t'- is article Mr . Bal ' r'' offereda written motion providing; for nurchane of lanA from Stuat- Marsall Realty Comnany . Yr . Ballard explained th ^ t some ti -re auo the Stuart -,Marshall Realty Company applied to the Building Inspector to alter the Central Blocks so - called . l t vas felt then that it wn s a good opnortunf ty to secure a new and up - to - date building on this lot and to acquire 25 feet of land so that Massachusetts Avenue could be widened . The owners of the buil' ing wer willing to enter into negotiations provided. a reasonable figure was received for the land ts'rer . lie stated that the Lexi. rrton Trust Company intend to erect a building on the opposite side of the street where the Tavern now stands and to set the building back from the street . 7r . Ballard stated that he hada motion ready to offer in regard to the Center Engine House under t ' is ^ rticle , but he of {'ered the motion that this part of the vote be laid on the table until ? fter the rifle derartment matters are di " osed or , and if. was so voted . questions were asked b: "r . George E . Briggs and lir . Fred P . Moulton in regard to the land value and assessed value of t'- e property* . Mr . Ballard supplied the inrormation . 1 r . Elwyn G . Preston states that he was stronf_ ly in favor of this nropositinn in ^ smuch as t.'he Town would get rid of t' e fire menace , andhove an oppor- tunity for street widenir g . He stated that Lexington faces a mo 'fle di nricult rroblem than most towns inasmuch as changes can only be made when occasion arises and he felt that this was an opportunity for immediate change . he confirmed the statement of Mr . Ballard that the Lexington Trust Company wil ' 'mild a new building andset it rack from the , street . He also enumerated changes that have been made in the town in the p ^ st that have greatly im- proved the appearance or the town . Mr . Custance stated that with this project of widening in front of the Central Block completed , there would be only two owners to make negotiations with to set their buil' inc:s backs , ^ nd one or the - uners is ready int any time to negotiate to move the buil ^ ing ba cis . The following motions of. f'ered by Mr . Ballard were gassed by 412 voting in the a .ffirmntive and 2 in the negative . r� VCT : That the Board of Select -len be and they hereby r »e 9 ' , thorized an '' directed to execute in the name of and on hehn l f of t ' e To'r' n a 30- day ' greement to r inc' asci " or street and sidewalk n' rnoses only From fre Stuart-Marshall Realty Company about three thousand four hundred and sixty square feet of land , more or less , comrrising the entire frontage on Massachusetts Avenue a depth of 25 feet of tme property 'mown as t ' e Central Block , for the sum of • 30 , 000 , payable one /half on the passing of title to tie pronerty to the Town and the remaining one/half in or within two years from that date , but said final payment to be made only after removal , except for foundations , of all of the building now on the property to be conveye -1 and meter ninety days ' written notice to the Town from the said Stuart- Marshall Realty Company or such removal , the said Stuart -Marsha ll Realty Company to have the right to maintain and use the building on the said rronerty without payment of rent to tine Town until the expiration of the said ninety days ' notice , but in any event not more than two years from such first payment , and the said Stuart -Marshall Realty 283 Company to be released from any betterment assess - ment which may be leviedby the Town because of said sale to the Town or any improvement mnde in Massachusetts Avenue as a result of said sale and the widening and street construction on the land so sold next following the sail purchase . Further VOTED : `lh ^ t the sum of $ 30 , 000 be arrrepri ate •' Por tte purpose of the porch as of land of Stun rt- Marshall Realty Company authorized by this meeting and that to meet the said ap- pronri it i -ten the sum of '4; 15 , 000 be now a.pnronri n ted and assessed and th ^ t for the rurrose of payment • • of the bai ^ nce nt such time or times here F' ter as the Town Treasurer with the nnrroval of the Board of Selectmen stall setermine , the Town Treasurer , with the approval of the Boar - of Selectmen be and he hereby is ao. thorized to borrow the sum of 015 , 000 and to issue bon' s or notes of the Town tin ereror , said bonds or notes to be payable in accordance with the provisions of section 19 of Chanter 44 of the General Laws , so that the whole loan. shall be paid in not more than ten years or at such earlier dates as the Treasurer , with the ' nnrnval of the Boar1 of oelec trnen , mny determine . " Upon motion of ' r . William H . Ballard it was voted thnt article 28 be laid on the table . Art . 31 . Under this article , r,,Ir . Witham E . Mulliken read the report of tme Ate-ernrri nti n n Committee . nn motion of Mr . William E . Mulliken it was unanimously , " Voted : That the resort of the Committee be accepted an '' n_ l ced. on file . " To the Citizens of the Town of Lexington : At the Town Meeting of January 7 , 1929 , by your vote , you requiredof yo1 ' r Apnrnrri a. t ion Committee • tmat they rerort to you , at some subsequent meeting , on the financial consition o ' the Town , and on the feasibility or ttie program for proposed ex- nenditures a.s outlined in the renort of t'- e committee on the study of the Eine and "rater Denartments . This report we now sup "mit for your consiHerati ' in . Lexington , at the present time , may well be said to be in a very creditable financial cnndi tion . In comparison with other municina. li ties , our c iedit rating s ' anss well un on the list , a very sn ti sf' actory condition and one thi t we should endeavor to maintain . '.7e hove a bonded debt of :‘i740 , 000 of which but $2F1 , 000 h ^ s been borrowed within the debt limit . Under the s classification we are permitted to borrow 3 % of our assessedvalua- tion which , if estimated as 120 , 000 , 000 allows us to still borrow :, 349 , 000 before reaching thnt limit . This should not be to"en to imnly theft we recommend the immediate use or this further credit , but it is available if any vote of the Town should ma 'Te it necessary or ' esi rable . '.''e ars' this ye ^ r nnyinr 3101 , 450 on this debt , and the amount Th , e in 1930 is but 182 , 500 ,500 , a very substantial decrease . as against this , h - wever , we should 'Teen in mina thnt article 11 , still to be acted upon , carries with it a nelw bon -1 issue or ' 80 , 000 for "inter Construction , and other articles in this same warrant , i r anted upon favorably , will undoubtedly bring our outstandinr indebtedness bac'r to the present figure and even M•, terially 2S4 rim increase it . The recommend ? tions of the Commit free 0 to study the "Inter and Fire Departments , which are taken up later in our report , call for a bond issue of approximately .A60 , 000 this year , or 4400 , 000 over a period o ' six years . ''1e are advised that the = chool Program for next five years will probably call for $ 00 , 000 in capital expen - ditu. res for increased school accom-rodations alone . This would call for the issuance of more bonds , and would further entail an inc ° ease in maintenance expense of aprroximntely $25 , 000 a year whIch must not be lost sight o ' . This year no annropria tion has been aslred for Sewer Construction , but , with our continued growth , we must expect the t money will be requir - d in this Department in the near future - - a.nother bona issue . There always .has been , and probably alwayt will be a di f `' e renc e of opinion on the reln t, ive merit or short and lona, term horns for. Town financing . Your Committee believe th ^ t a " ray as you go " policy should he encourared by the Town ns far as practicable , . realizing t - nt anti and n ^ rti cu lnrly long term bonds impose upon the Town heavy interest cbcrges which even this year amount to v40 , 000 or slightly over • 2 of our total tax rate . Should we burden the Town with future obligations merely to keen our present tax rate down , when each decade will brink, financial problems of its own ? 1t can readily be seen , therefore , that the Town is face to face with a financial problem which should be giver the most serious thought and consider •ition . Turning our attention to the annual operating expenses of the Town , we find that 80 % of the articles appearing in the warrant , call for annual expenditures of less than $ 10 , 000 apiece . These items represent 40 ` of the entire Town grant . The expenses in this group of Departments have increased from 41 42 , 000 in 1924 to , 332 , 000 in 1928 , an average increase of more than 25 / a year . The roma fining Dept rtments , representing 60 % of our Town grant , alsr, show a substantial yearly inc ease in their onerating expenses . on the ofh nr hnnd , our revenue from increased assessed valuation increases from but 5 / to 7 % yearly . It is bbvious , therefore , that there is a distinct tendency for onerating exnenses to e -rceed our inco'ne , and the Aprropriation Committee feel the necessity of cantio' ing the Citizens and Penartment • ear' s that 9 tight curb must be kept on all anrrorriations nna expenditures . You have alr , ady this yenr voted to apnronrinte and assess $646 , 000 as compared with the total grant of 1928 amounting to 0648 , 000 , and there still remain to be acted unon in t,_ in warrant several articles which • call for appropriations . '! th an estimated increase revenue of approximately S32 , 000 this yenr , it follows tht t any expenditure in excess of •; 34 , 000 at this , or a June meeting , • will reflect an increase in the tax rate for 1929 . "le would urge the Department heads to carefully refrain from bringing in additional requests during the year 1929 unless it is an emergency measure . We now turn to the considerntion of the Report of the Committee appointed to study Water and Fine Denartments . `their printed report , complete as it appears , is but n brief summary of the tremendous amount of inform '- tion the t has been assembled . This data is now on file at the Town Office Building , and we believe will be a valuable guide for tz e future exnans ion and development or the Fire Perp rtment• . For our convenience , we have changed the order they have followed and br ; rg our report to you under two separate headings . 285 I Water Department II Fire Department I 'plater Department . In their report on the 'Vat 5r Department the Committee have but emphasized n serious condition that has already been recogrized by the Board of. 'electrmen acting as the Board of 'Winter and Sewer Commissioners . We believe that all who have carefully rad the complete rerort of Metcalf and Eddy as included in our annual Town report must be convinced of the need for the reinforcement and improvement of our wn terwor!r system . This Committee feels that the recommendations made therein should he carried out as speedily as passible , but do not feel that the whole project should be comr. leted at once . We recommend , therefore , th'. t the execution of the General project be left in the hands of the Board. of Water and Sewer Commissioners who will each year bring before the Town a request for appropriations necessary to carry out that nart of the project which they feel shouldbe completed during that particular year . The Board of Water and. Sewer Commissioners are already following a portion of this recommendation in th ^ t thi s; year they are requesting a bond issue of but $.50 , 000 for the initial step in this nrograi . We reoomn, end that no 'v ote of the Town at this time be made which would compel the Board of Selectmen to follow out in its entirety the proposedproject as outlined by "et. calf and Eddy , as conditions may arise from time to time which may necessitate alterations and changes from the original layout . This covers the reco"►mendn. tions made in Section 8 of the Committee ' s report . II Fire Department . Following a study of the report of - and the data accumulated by the Committee for the Study of the Water and. Fire Departments , that part of Metcalf and Eddy ' s report bearing on the Fire Department , the later report or the Board. of Fire Engineers and also tatting into consideration the financial condition of the Town , it is the opinion of the Ar.rrorri ateon Committee that the recommendations of The Committee for the Study of the Fire and Water Departments are as a whole feasible . By virtue of the Town ' s vote , however , we feel waranted in taking exception to the recommendation for the adontion of sections 42 , 43 and 44 of ehanter 48 of the General Laws . It is our recom- mendation that . a committee of. FIVE unpaid citizens be anointed annually to serve as the Foard of Fire Engineers , no m ""ber of which shall be a permanent or call member of t} e Fire Department . We further recomrend that the execution of the recom • - mend ations of the Committee be used as 9 guide in the Qdministrati on and development of the Department and that t' i s Board shell from time to time bring before the Town requests for aprropria +eions as the needs arise . In conclusion , we wish to thane the Committee for the Study of the Water and Fire Departments and also the Board of Fire Engineers for their cooperation when requested . Appropri ati nn Committee . James J . Walsh M . D . Edward Remick John H . Devine George M . Ross Carl G . vienot George W . Nary William E . Mulliken , Chairman . k + r 286 Cr) Sr . James J . 7alsh explained to the meeting that there were several suggestions that the Annronriatt on Commit tee had made before this final draft was drawn , and procwikd to enumerate the suggestions as follows : Pursuant to recommendations contained in this renort , we nfl .Pr rec ^minend that the following motions be corgi. rierea by this meeting . 1 . That action , relative to building a new fire station in East Lexington . be indefinitely postponed . 2 . That a sum of money , not exceeding $4000 be apnronri ated. and assessed for the re -modeling of the Last Lexington fire station , to provide ample sleeping qu ^ rters , toilet and heating facili - ties , and any other repairs necessary to make it safe and. serviceable for the next five years . 3 . Th ^ t actin relative to building a new central fire stati ^n or headquarters , be indefinitely postponed. 4 . That a sum of money , not to exceed $750 , be annropriated and assedsed for the installation of protective devices in the central fire station . 5 . That a committee of five , one from the Board of Selectmen , one from the Board of Fire Engineers , one from the Apnrnrri gtion Committee , and two citizens who hold no elective or aproi. ntive office in the Town , be ar '^ointed by the Moderator to study and bring in to the Town , at its next annual meeting , or some prior meeting , a report relative to location of any future fire headquarters . 6 . That action relative to immediate com- pletion of fire alarm systems , as recommended by commit + ee anroi '-' ted by the Town to study Fire and 'slater Departments , be indefinitely postponed : 7 . Th 't a sum of money not to exceed $3100 be appropriated and assessed for the installation of 10 new fire al' rm boxes , and the replacement of 10 olr., fire alarm boxes with boxes of the latest , non- interfering type . • 8 . That the sum of $12 , 600 be appropriated and assessed for the purpose of the purchase of a new pumper for the Fire Department , and. th " t this nurcv' ase be made under the supervision of. the Board ' of Selectmen . 9 . That action relative to the, purchase of a f. oniest fire wagon be indefinitely postponed . 10 . Tho t a sum of money not to exceed $1000 be anpropriated and assessed for the purpose of providing present forest fire wagons with adequate equipment . 11 . That action relative to the purchase of the & ief is car be indefinitely nostponed . 12 . That action relative to item referred to in renort as "Miscellaneous " be indefinitely post- Uoned . 287 13 . That a sum of money not to exceed $4200 be apnropri ated and assessed for the purpose of placing fire alarm wires under -gound from the corner of Woburn Street to fire house on Meriam Street and removal of poles now on Massachusetts Avenue , this money to be expended under the direction of the Board of Selectmen.. 14 . That all action relative to the adontion of Charter 48 , Sections 42- 43 -44 of the General Laws be inderinitely postponed . 15 . That the Board of. Selectmen be instructed by this vote to establish an unpaid Board of Fire Engineers , which shall be appointed annually at first regular meeting of the new Board of Selectmen said Board of Fire Engineers to consist of , at least , five citizens , none of whom shall be a permanent or call member of the Ftre Department . Under this article Mr . T . A . Cus + ince then offered the following motion : " Voted : Th n t the sum or $4200 be anrrorri ate d. and assessed to cover the cost of ir_st911Ation of underground fire alarm wires in Massachusetts Avenue between Woburn Street and Elm Avenue , and that this sum be expended unr� er the di recti. " n of the Board of Selectmen . " Mr . Robert P . Clapp inquired whether or not if this vote is passed to appoint five fire engineers , whether it would not be up to them to expend this money . Mr . Taylor explained th ^ t he felt that the ex- penditure would be made properly by the Selectmen , and. that the Fire Engineers had no objection to this part of the vote . The above motion ns offered. by Mr . Theodore A . Custance was passed by vote of the meeting at 8 : 48 P . M . Art . 31 . On motion of Mr . Theodore A . Custance , it was at 8 : 53 P . M . " Voted : That the sum of $12 , 500 , be anr. ropriated and assessed for the purchase of a motor pump for the Fire Department , the same to be rnirchased by the Board of Selectmen . It shall be of a capacity recom- mended by the New England Insurance Exchange and shall :7)e approved by them before accepted . " Art . 31 . On trition or Mr . Theodore A . Custance the following vote w^ s passed at 8 : 54 P . M . " Voted : That the sum of $1000 be aprronriated and assessed to rurcl• ase equipment for a forest fire wagon the same to be rurchased under the direction of the Board of Selectmen . " Art . 31 . Under this artic i e , Mr . Theodore A . Custance offered the following motion : " Voted : That the sum of 4u3 , 100 be apnrorriated and assessed to install fire alarm boxes in the town , and that this sum be exnended under the direction of the Board of Selectmen . " Dr . James J . Walsh offered an amendment to this motion that the installation of 10 new fire alarm boxes and "the replacement of 10 old fire alarm boxes with boxes of the latest non - interfering . ; type be substituted for " installation of fire alarm boxes '. as in Mr . Theodore A . Custance ' s motion . Mr . Custance agreed to the amendment to his motion . • F I, . 288 The substitute motion cln offered by Dr . James O J ''Ialsh was ndopted by vote of tile meeting at 8 : 58 P . M . as follows : " Voted. : That the sum or >3100 be apnronriated 2nd assessedfor ins tsl l sti -' n on 10 new fire alarm boxes .n '= the rerincement or 10 old fire alarm boxes of the non - infe » rering Fyne anr' thnt this sum he exnen ' ed unser the Board of Jelectmen . " Art . 31 . On mntinn or mieodore A . Cus Lance at 9 : � 3 I' . '•' , it "uas " Voted : Th t the sum nr x750 be annronriater' nnA assessedto nurnhase eguirment for fire al. ^ rrr araratus pro ': ective devices . " Art . 31 . Mr . George 11 . Ross of the Appropriation Com- mittee offered the motion : That a committee o.0 five unpaidcitizens be appointed annually by the Selectmen to serve as a Board of Fire Engineers , no member of which shall be a permanent or call member of the Fire Department . " Mr . Harold 13 . Lamont asked whether or not the Committee of five would all be appointed annually or whether the appointment shouldnot be designated as to term of years of the members . Town Counsel , Sydney i . ":'rightington , stated that in his opinion under C:napter 48 , Section 45 of the General Laws , it was the duty of the Board. of Selectmen to annually aproint the Board. of Fire Engineers . Mr . Hallie C . Blake then made the exnlanntion that the Town h ? djust mqr e various anrronriaticns for fire dennrtment equipment , most of which were requested by the Fire Engineers in 1928 . He sttted that he felt that the present Fire Engineers should be given - n opportunity to carry out their recom' endn tions m ' de in 1928 of these appropriations , and offeredthe fol1owinF motion : " Voted : That the Town continue to or. erate the Fire Dep2rtment under the present system of a Board of Firn Engineers . " Mr . George M . Ross statedthat the int er_ tien of the Apnropri at ion Committee wn s to hflve an - annaid Board of Engineers and to separate the working end of the densrtment from the executive end . Mr . Jo "es G . Hobertson stated thnt he believed. the Board of Fir - Engineers should act in an gdmin - i s tr7 ti ve caoa ct ty rather than an a uor'ri n : force and that Vie felt the nres ' nt moti^n , althnnrh it w^ s not in aceorclarce with the ifess of the Committee on Inve ^ ti gating i-be Fire Dens. rtment , that it w ^ s , roll:ever , a sten in the right direction . Mr . William F . Ballard confirmed the statements of lir . Robertson . Remgr' ' s were made by Dir . '"'esley T . Wadman and mr . Eugene H . Partrir ge in favor of Mr . Bla're ' s motion . Yr . Pierre Northrup reviewed the stedus of the Fire Department andstated that in 1917 the statute was passed providing for a permanent chief of the Fire Department through the Tenure of Office Act accepted by the Town , and it eras his understanding that the chief engineer then became the permanent chief of the department , andthat this vote could not go into effect inasmuch as it could not change the statute accepted by the town . 289 Mr . Robert L . nyder statedthat the vote seemed to be only asking thn t five me - bers be appointed and according to the statutes the Board. of Selectmen rad the right to aproint un to twelve members b ., s for the Fire Department . Mr . David J . Maloney made a lengthy statement in favor of tale action pronosed by the Committee investigating the tire Department inasmuch as he stated that he com-runicnted with the Dent . of Public Safety anrR wan informedby them thnt the proper way to organize a Fire Department is to rave raid Chief a:ef o the derartment who shall serve under the direction of the Selectmen . Mr . Patrick Flynn made remarks against the vote offered to annoint five members , and stated that he felt t}- st ti engineers should be paid . Mr . Tiatthew `itevenson spoke in favor of the accertance of Mr . Blake ' s moti 'rn . Dr . Jaynes J . 'Valsh made remarks in favor of the acceptance of the moti � n offered by the Appropriation Committee . Mr . John H . Devine mnde remarks in favor of the accer tance of tri n vote of the Appropriation Committee . \Tr .. Edward W . Taylor , Chief Engineer of the Fire Denartment , statedthat he was appointed in 1913 as an Engineer of the Fire Department , and has served in that capacity since that time . He stated that it was his understanding that in accordance with the Tenure of Office Act accented by the Town in 1917 he would continue to hold office unless removed for cause . He statedtont t : e present engineers formed a very good Beard and honed th ^ t they could continue . In regard to the ray , he felt that he could not serve without receiving nay for his services . Tlrr . Phillir. Welles stated that ' e rr s in ravor of the appointment of a committee of five . 17r . Charles J . Dailey of tie Commie on Investi - gating the Fire Denartment made remarks in favor of the appointment of a committee of five although it was not as recom -ended by the committee on investigation . Mr . Edward 7 . Taylor took exception to the romarks made by Mr . Dailey . Mr . James J . Russell moved. that Mr . Blake ' s sub- stitute motion be voted upon . The motion s offered. by Mr . George m . Ross of the Appropriation Committee was then put before the meeting , and the motion was lost . Mr . ''Wesley T . ¶adorn n then moved th t this part of the report or the Aprropriation Commi ttee under dis - cussion be indefinitely postponed . This motion , however , was not passed . Remarks were then made by Mr . Theodore A . Distance in favor of the vote offered by the Appronriatien Committee and by Mr . Edward W . Taylor against this mot- ion . A rising vo - e on the su_bst ' tute was t � '� er. 242 vnti n -g in +-hA of n motion of =Y1r . Blake i rmn +- the and 86 in the negative ; the following; vole was passed : " Voted : ` h rat tie Town continue to operate the Fire Department under the ' resent system of a Doar, of Fire Engineers . Pe meeting adjourned at 10 : 20 P . h'I . A true record , Attest : J ;6. Town Clerk .