HomeMy WebLinkAbout1941-12-22SELECTMEN'S MEETING
December 22, 1941
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building on
Monday evening, December 22, 1941 at 7:30 P.M. Chair-
man Giroux r Messrs. Potter, Locke, and Sarano were
present. jhe Clerk was also present. Mr. Rowse ap-
peared at 7:53 P.M._
At 7:30 P.M. the Town Treasurer, Mr. Carroll, ap-
eared before the Board and presented bids on a loan of
75,000.00 in anticipation of revenue. The Chairman
Loan said that these notes were to be dated December 23, 1941
and payable December 18, 1942. the following bids were
received;
Lexington Trust Co. .47% Discount
R. L. 'day .43°9 "
Second National Bank .300 tt
Boston Safe'Deposit & Trust Co. .317f it
Merchants National Bank .540
Mr. Potter moved that
the bid
of the Boston Safe
Depoit and Trust Co. be accepted.
Mr. Locke seconded
the motion, and it was so
voted.
Letter was received from
Malcolm H. Clifford, Cap-
tain of the Auxiliary Police
Unit,
requesting that the
Special following men be appointed
Special
Police Officers:
Police
Name
Address
Randall W. Richards
67
Farmcrest Ave.
Ian D. Fleming
38
Ward Street
Egbert 0. McAllister
6
Glenn Road
Andrew Dreselly
15
Goodwin Road
Francis D. Flanagan
4
Aerial Street
Ralph G. Dalrymple
199
Bedford Street
Fortis E. Hart
205
Wood Street
Philip B. Parsons
18
Revere Street
David Govan
32
Woodland Road
Gerald C. Turner
9
Hillside Terrace
Joseph L. VanSti�enburgh
45
Harding Road
Louis Ruocco
28
Theresa Avenue
Clarence E. MacPhee
14
Baker Avenue
Arthur W. Johnsen
42
Baker Avenue
IT. Stanley Cullington
11
Smith Avenue
Edward F. Kleinberg
41
Moreland Avenue
Clayton Sullivan
14
Taft Avenue
John D. Polley
38
Taft Avenue
Warren Hadley
488
Mass. Avenue
rJ
•
Name Address
Joseph A. Moretti
8
Rindge Avenue
Clinton E. Miller
5
Sylvia Street
George E. Wheatley
19
Haskell Street
Alton M. Phelps
227
Follen Road
James P. Donnelly
38
Locust Avenue
John McCammond
21
Moreland Avenue
Rodney D. Harriman
10
Independence Ave.
Charles Franks
21
Sherman Street
Lewis F. Willard
1444
Mass. Avenue
Victor H. Harmon
6
Rowland Avenue
Frank W. Friend
39
Clark Street
Richard P. Jackson
15
Hilltop Avenue
Charles J. Martin
29
Farmcrest-Avenue
Paul W. Franks
82
Waltham Street
Samuel W. Wellington
19
Sherman Street
Marshall Sargent
27
Oakland Street
Arthur R. Leiby
1265
Mass. Avenue
Christen Bentsen
132
Woburn Street
Matthew S. Buckley
22
Grant Street
William E. Myers
65
Rindge Avenue
Joseph S. Johnson
51
Spring Street
Robert H. Daly
31
Hancock Street
George H. Spellenberg
111
Laconia Street
G. Webb Rogers
81
Hancock Street
Stanley Chapin
17
Columbus Street
George G. Whiting
333
Waltham Street
Nelson F. Fleming
10
Center Street
Samuel L. Fardy
Pine Knoll Road
Daniel J. Andrews
21
Shirley Street
A. Irving Dodge
43
Bertwell Road
Wilfred L. Dwyer
8
Bertwell Road
Samuel Edgar Gazen, Jr.
108
'3ertwell Road
Ronald Pinus
36
Ward Street
Irving L. Moore
395
Bedford Street
John A. Hinchey
85
Hinchey Road
Dean R. Burleigh
14
Fair Oaks Drive
Fred D. Wells
58
Prospect Hill Road
John A. Rodes
131
Shade Street
Clayton F. Beach
44
'vVinter Street
Kenneth P. Kelley, Sr.
871
Cary Avenue
John H. Thompson
16
Lake Street
John T. Hinchey
85
Hinchey Road
John F. Reilly
43
Downing Road
Samuel Doll
151
Shade Street
Keir G. Burnell
45
Outlook Drive
Edward B. Cass
8
Hillside Terrace
Walter E. Beckford
15
Sherman Street
Mr. Potter moved that the men be appointed Special
lie
Police Officers for a term expiring December 31, 1942.
Mr. Sarano seconded the motion, and it was so voted.
e)M
Com. on
Public
Safety
Funds
At 7:32 P.M. nine members of the Appropriation
Committee and the following members of the Committee
on Public Safety appeared before the Board: Allen W.
Rucker, Walter Sands, and Robert Person and Robert
Whitney.
The Chairman asked the Appropriation Committee
to meet with the Selectmen on Tuesday, December 30,
1941 at 7:15 P.M. to discuss the votes for the Town
Meeting to be held on that evening.
Mr. Rucker said that the Committee on Public Safety
had some immediate needs and expected more. The Federal
authorities will let them know later on how much is
needed. They desired sufficient money to carry through
to March with the understanding that any appropriations
made would be subject to the following conditions: All
expendituices would have to be approved by the Appro-
priation Committee and the Selectmen; the account would
operate the same as a reserve account.
The Chairman said it would have to be arranged so
that the Committee could have small expenditures with-
out waiting for a meeting of the two Boards. He said
that his thought was that Mr. Russell would set up a
purchase order form having four copies. The head of
the Committee on Public Safety would okay the bills
and the Selectmen would designate Miss Lowe to approve
small bills up to a certain amount. The Selectmen
would keep one copy, the auditor another, the Public
Safety Committee the third, and the fourth one would
go to the firm from which the purchase was made.
Budget Mr. Rucker presented a budget in the amount of
$6,140.00. He said he believed that the morale and
training of the individuals was more important thah
equipment at the present time.
The Committee requested $1180.00 for the Air
Craft Warning Post and Mr. Rucker said that this es-
timate included construction and maintenance of the
new Post, also electricity, etc.
The Committee requested $2,OOOiOO for the Auxiliary
Police Unit. Mr. Rucker said that this division was
the best trained and most enthusiastic group in the
whole Committee. The members want the equipment that
goes with a policeman. There are 166 men in the divi-
sion and they want revolvers and belts. The revolvers
cost $25.00 each. Mr. Sands baid that this division
had asked for $5,000.00 and the Executive Committee
reduced it to $2,000.00. He said that he thought only
those capable of handling fire arms should be given a
gun. He did not agree that all should have them. They
need 50 more billies. Mr. Sands believed that the Firing
Squad should have fire arms, but that no others should
have them.
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337
Mr. Rucker said that this budget might be considered
an annual one depending upon what happens. He said that
the most serious trouble was the matter of alarm. The
fire whistle cannot be heard in all parts of the Town,
depending; on how the wind is blowing. They have had some
engineers out to discuss what might be done. One engineer
recommended two oscillatinL systems, at a cost of 03,000.
a piece. "here also is a device which can be placed on
top of the police patrol cars. Mr. Bills suggested three
more whistles in addition to the ones we have now. The
cost of these is $1500.00 a piece which would mean an
expenditure of X4500.00. They thought that this was too
much money to be invested.
Mr. Rucker said he had just received the Fire depart-
ment budget this evening. The following items were re -
guested: Trailer pump, $1200.09; medium-size truck,
X2500.00; fire fighting equipment, X350.00 each truck;
hose, $3,000.00 (for 5,000 feet),housing for apparatus.
The Auxiliary Fire force is to be limited to 100 men and
It will cost about 035.00 a piece to equip them.
The Chairman said, that the group should decide on
the amount of money to be appropriated and then decide'
the best way to raise it. Mr. Russell recommended
• borrowing the money although there is some money in the
E & D account. Mr. Rowse asked if any money that was un-
expended could be used to retire the bonds and Mr. Russell
said he thought that it could be. He would have to read
the Act again to make sure. The Chairman said he thought
the Town should not be left for the next three months with-
out funds in this Account. Even though more is set up
than needed now, if there is a substantial balance the
appropriation in March can be reduced. An appropriation
of $10,000.00 was suggested. Mr. Rucker said he believed
that this amount was too low. He thought that not less
than $15,000.00 should be provided. Mr. Sheldon polled
the Appropriation Committee and it was their recommenda-
tion that $10,000.00 be provided. The Chairman polled
the Selectmen and the majority being in favor of $10,000.
upon motion of Mr. Locke, seconded by Mr. Potter, it was
voted that the sum of $10,000.00 be appropriated at the
December 30, 1941 Town Meeting; this amount to be borrowed
for a period of five years payable at the rate of $23,000.
a year. The Chairman said he approved of the sum of
$10,000.00 inasmuch as more money could be provided if
necessary by the Selectmen declaring an emergency. Mr.
Rucker asked if money could be provided immediately in
this case, and the Chairman said that the money would
not be provided immediately but the Selectmen could in-
cur obligations and then call a Town Meeting to appro-
priate the money.
333
Chief
Taylor
re: fees
collected
The Chairman said that there were some immediate ex-
penses of the Committee on Public Safety that had to be
taken care of. The outstanding bills total $42.16 and
there is a balance of 014.89 leaving a deficit of $27.29.
He asked Mr. Rucker if there were anything belonging to
the Golf Club which had been used for which the club
should be reimbursed. Mr. Rucker said that they were
using the Golf Club House but he did not believe that
there would be any bills.
Mr. Russell suggested that the balance in the Re-
serve Fund at the and of the year be transferred to this
account as there will be a delay in getting the money
from the borrowing. Mr. Locke moved that the Selectmen
request the Appropriation Committee to transfer the sum
of $50.00 from the Reserve Fund to the Selectmen's Ac-
count for the expensesof the Committee on Public Safety.
Mr. Potter seconded the motion, and it was so voted. Mr.
Sheldon asked if the Appropriation Committee would approve
this transfer and the members said that they would.
The Chairman said that he had written Amos L. Taylor,
trustee of the Robinson Estate owners of Robinson Hill.
He asked permission to erect the Air Observation Post
there. He read Mr. Taylorts reply giving consent to
the of the hill for the Observation Post on condition
that the foliage and property are to be in no way in-
jured and the hill kept in good condition. Mr. Taylor .
also baid that the hill was not to be used as a public
gathering place and that the Town would be responsible
to him as trustee for any damages. Mr. Whitney said it
would be necessary to cut a path to the top of the hill
and also to bore some holes into Sunset Rock for anchor:
bolts. The Chairman suggested that it might be well to
have Mr. Wrightington meet with Mr. Taylor and Mr. Rucker
so that Mr. Rucker could explain exactly what was wanted
and there would be no misunderstanding on Mr. Taylor's
part. The Clerk was instructed to so advise Mr. Taylor
and Mr. Wrightington.
The group retired at 9:07 P.M.
At 9:10 P.M. Chief Edward ;"d. Taylor; of the Fire De-
partment, and Mr. Viirightington appeared before the Board.
The Chairman said that he had an informal discussion
with Chief Taylor and Mr. Wrightington with reference to
the legality to charging fees for oil burner permits. Mr.
Wrightington read a letter addressed to the Board of
Selectmen by him under date of December 22, 1941. He
said it appeared that the only permits which had been
issued by the Chief were permits for storage of small
quantities of fuel oil in residenses and stores, and
permits for storage of explosives. Filling station
permits are issued by the Selectmen.
0
is
General Laws, Chapter 148 Section 113 provides for a
license for storage of gasoline to be issued by the
Selectmen. The licensee must file annually a certif-
icate of registration with the Town Clerk, for which
a charge of 50c is made. The State Department of Public
Safety may provide by regulation for the storage of small
quantities of gasoline without a license. Sec. 10A of Ch.
148 inserted by St. 1932, Ch. 75 authorizes the State
Fire Marshal to designate a Town official to grant per-
mits in accordance with the regulations of the Department,
requires the officer issuing permits to keep a record of
them and furnish the Marshal with such information with
respect to them as he may require. It also provides that
a fee of not more than 50¢ may be charged.
Sec. 23 as amended by St. 19352 Ch. 123, sec. 2
forbids storage of inflammables in or neap dwellings,
except in very small quantities, without a permit from
the Chief of the Fire Department for which he charges
not over 50�. The reculations of the Department of Pub-
lic Safety expressly do not apply to permits for storage
of fuel oil in dwellings. Sec. 13 provides that fees for
any license, registration or certificate of the head of
the Fire Department may be established by By-law pro-
vided that the fee for registration shall be not more
than one-half the amount of the fee for the license. The
certificate referred to is the Chief's certificate on
the application for the license approving or disapproving
it. The Selectmen charge $1.00 for this license. There
is no By-law authorizing this charge and the Town Clerk's
registration fee of 50¢ and Mr. Wrightington believed
that there was no authority for the charges. He recommen-
ded that the officers concerned consider whether or not
a charge should be made for the Chief's certificktion Article
and that in any event a By-law should be proposed at
the next Town Meeting establishing such fees as are to
be charged. In the meantime he recommended that such
fees be not charged. The Selectmen charge a fee of $1.00
for advertising the application for the license and Mr.
Wrightington believed that this was sufficiently covered
by Sec. 13. He said that the Selectmen could continue
to charge this without waiting for the new By-law.
Mr. Wrightington said there might be a question as
to who owned the 50� fees paid to the Chief of the Fire.
Department for permits issued under Sec. 10A. This Sec.
does not say who is entitled to the fees, and they are
issued by the Chief as the representative of the State
Fire Marshal and not in his capacity as a'lown officer.
Mr. ;rightington found no decldion interpreting these
sections.
G. L. Ch. 440 Sec. 53 requires that all money re-
ceived by a Town officer with certain exceptions shall
be paid upon their receipt into the Town Treasury.
is
The exceptions include "fees
provided for by statute."
He said he was not entirely clear what is meant by
"fees provided for by statute." It can hardly mean
all fees that have a statutory authorization because
they would cover practically all fees received by Town
officers. He said he was in doubt as to whether the
Town was entitled to the 50¢'' fees-collected,r'by Chief
Taylor for fuel oil in stores or explosives. He under-
stood that the Department of Public Safety did not
claim control of these fees. Mr. Wrightington said
that if the Chief was prepared to deposit them in the
future, he thought the Town might receive them.
G. L. Ch. 44, Sec. 62 provides sevem penalties for
any Town officer who "knowingly violates" any provisions
of Ch. 44 and obligates the Selectmen to report such
violation to the district attorney who shall investigate
and prosecute the same. "Knowingly violates" means an
intentional act as distinguished from a careless act,
but does not refer to his knowledge of the law. Mr.
Wrightington said that the Selectmen should determine
the various fees to be charged and to have a new By-law
adopted at the March meeting.
Chief Taylor read a report to the Selectmen with
reference to the petty cash fund for Fire Department
purposes and the collection of fees. This was a
lengthy report and the Clerk was instructed to furnish
the Appropriation Committee with a copy of it and Mr.
Wrightington's letter, and rather than copy the report
In the Selectmen's record, to file it in a separate folder
in the 1941 file. This new folder is to be entitled
"Fire Department Petty Cash Account." The Chief said he
believed he was acting under Sec. 10A and he did not
think the Town was entitled to any of the fees.
Chief Taylor retired at 9:40 P.M.
The Board had a long discussion on this question
with the Town Counsel after which the Board unanimously
expressed the opinion that Chief Taylor believed that
all the fees received by him for permits were issued by
him under Sec. IOA of Ch. 148, as the agent of the Fire
Marshal, althou h it now appears that fees for permits
for storage of oil for domestic heating were received
by him as a Town official, and that the Chief in failing
to deposit upon receipt the fees for such of the permits
as belonged to the Town, did not knowingly violate Ch.44
of the G.L.
Chief Taylor returned to the meeting at 10:20 P.M.
The Chairman told him that the Board had recorded
itself as believing that he did not knowingly break the
law. He said that on the other hand there has been some
pressure on some members of the Board relative to the
Fire Department. Admiration for the Department's fight -
Ing of fires has been expressed, but there has been some
questions on the financial handling of the Department.
He said that the Chief knew that the Selectmen had often
criticised him on his manner of handling, the budget. He
told Chief Taylor that the Selectmen had an idea which
they undoubtedly would carry out with no malice toward
anyone. When the time arrives for the appointment of the
Fire Engineers in 1942, the Selectmen will probably ap-
point a five -man Board and will appoint men -who are not
engaged in the fire fighting business. He said that one
of the Selectmen expressed the opinion that this might
be a help to the Chief, and Chief Taylor said that he was
inclined to agree and that it might do him some good. The
Chairman said that this action was a good way to kill
rumors. Chief Taylor said that he thought that a five -man
Board might be a distinct advantage. The Chairman said
that the Chief was under tenure of office and no action
toward him was contemplated. He said that the appoint-
ment of a five -man Board was not an underhanded way to
°get rid of" Chief Taylor. Ile said that the Board under-
stood that from now on the Chief would turn in all fees
and the Chief said that that was absolutely correct.
The two men retired at 10:30 P.M.
A request for the certification of character of
Errol H. Locke, one of the incorporators of the Bad,*
State Historical League, was received.
Mr. Rowse moved that Mr. Locke's character be
certified. Mr. Sarano seconded the motion, and it
was so voted.
Mr. Rowse and Mr. Potter retired at 10:30 P.M.
Mr, Morse appeared before the Board at 10:32 P.M.
and retired at 10:55 P.M.
Mr. Paxton appeared before the Board.
Mr. Paxton said that there was a possibility that
the W.P.A. might be closed down but he believed that
they would be allowed to finish the Oak Street job.
Mr. Paxton said that he called on the Carroll
sisters of 676 Waltham Street relative to their re-
quest for a sidewalk on Waltham Street from Allen
Street to the Waltham line. He told them he thought
a sidewalk from the overpass to the line was more
important than one in front of their house. They
agreed to this but were not too pleasedabout it.
Mr. Paxton said that he made a mistake last week
When he said that there would be no charge for the
installation of a li.ht at the Adams School. There
will be a charge of 25.00 for erecting the pole.
The Chairman read a letter from the -�'uxiliary
Police Unit requesting the use of a conference room
0
341
Fire
Engineers
Cert. of
character
Sidewalk
Street light
each Thursday night starting Janu-r y 8, 1942.
Mr. Locke moved that the use of the room be granted
free of charge. Mr. Sarano seconded the motion, and it
was so voted.
The Chairman read the Planning Board's letter of
November 7, 1941 requesting the Selectmen to consider
widening Mass. Ave. in front of the Edison building to
Widening the Building Line established December 6, 1926. The
Mass. Ave. Clerk said that the Edison Company deeded to the Town
4,200 square feet of land in this 20 foot setback. The
deed was dated November 24, 1930 and the gift was ac-
cepted by the Town at a Town Meeting held on September
28, 1941, Art. 12.
The Chairman requested Mr. Paxton to submit an esti-
mate for widening the street rt this point so that the
Board might consider it with the 1942 budget.
The Chairman said that Mrs. A. H. Hathaway of 25
Oakland Street had requested permission to borrow the
Feq. to State flag and the American flag loaned to the Unitarian
borrow Church on its 250th Anniversary, for the marriage of her
flags daughter on Christmas night. The Board had no objection
to this.
Mr. Paxton said that he had sent letters to the
following companies asking for bids on the Town's
gasoline requirements for 1942: Colonial Beacon Oil
Gas Co., Gulf Oil Co., Shell Union Oil, Sinclair Refining
bids Co., Socony Vacuum Oil Co., Inc., Testas Co. The bids
received were all the same. This year, with the State
tax included, we have been paying a maximum of 9.3�
per gallon. The price bid for next year is 11.7 per
Callon and there is no guarantee that it will not go
higher. The Chairman asked if there was any sense in
placing a contract and Mr. Paxton said that by placing
it we would be guaranteed delivery. The Shell Oil Co.
has the present contract and they have been very satis-
factory. The Chairman asked if he would recommend
continuing with them and Mr. Paxton replied in the
affirmative. It was decided to accept the bid of the
Shell Oil Company.
Mr. Paxton retired at 11:05 P.M.
Letter was received from the District Attorney
relative to Ch. 719 of the Acts of 1941, Sec. 5B. This
Police Act enables the Selectmen to adopt a vote authorizing
aiding the Police Department to aid other cities and towns in
other the commonwealth which may need help. Mr. Bradford,
Towns the District Attorney, recommended that such a vote be
adopted. The Clerk was instructed to ask the Town
Counsel if he approved of the Board adopting such a
vote.
•
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•
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The Town Counsel's bill in the amount of 0309.30
for personal services and disbursements in the DeVin-
cent case was received..
Mr. Sarano moved that the bill be approved. Mr.
Locke seconded the motion, and it was so voted.
Mr. Locke moved that the following licenses be
granted. Mr. Sarano seconded the motion, and it was
so voted.
Walter Murphy, Burlington Trans.of Garbage
Lowell Rendering Co., Billerica " " "
Connors Bros., Burlington " it it
Manuel J. Silva, Lincoln " " it
Mary A. Rowland, 150 Lowell St. Common Victualler
Swenson Bros., 'larrett Road Past. of Milk
Johnson Pontiac Co., 97 Mass. Ave. Motor Vehicle
Letter was received from Mrs. Steele Lindsay
requesting permission to distribute Community Fund
posters throughout the Town.
Mr. Sarano moved that the request be granted.
Mr. Locke seconded the motion, and it was so voted.
Letter was received from Malcolm H. Clifford,
Captain of the Auxiliary,* Police Unit, recommending
that the Special Police commissions for the follow-
ing persons be cancelled:
Frank A. Cook, James E. Collins, John F.
McKenna, Irving A. Rich, David T. McPeake
Mr. Locke moved that the commissions be cancelled.
Mr. Sarano seconded the motion, and it was so voted.
Letter was received from Calvin W. Childs stat-
ing that at the present time he felt there was no
necessity for Special Police authority among his em-
ployees.
At 11:15 P.M. bids on; -the printing of the 1942
Town Report were opened. The following bids were re-
ceived:
Adams Press, Inc. The bid is one dollar and
ninety-seven cents 01.97) per page, and covers the
composition and printing of the bock in the form and
manner contained in the specifications.
There will be a charge for author's corrections,
in the amount of X2.50 per hour.
Bids for reprints: For any report up to 100
copies with separate cover, 55¢ per page.
-343
Counsel's
bill
Licenses
Posters
Police
Comm.
cancelled.
Special
police
Bids on
Town Report
Fleming & Son Below is an estimate for printing
1941 ovan Report as per specifications:
01.94 per page
100 additional reports of School Dept. w23.50
100 additional reports of 'down Accountant 47.25
Rapid Service Press
Town Report for 1941 6x9, type pate 26x42 ems;
Linotype 10 pt. on 11 pt. and 8 pt. on 9 pt., plates
not included in estimate, 1,000 copies on English finish,
white size 38x50-100 - $2.87 per page, $27.00 for school
reprint, X90.00 for Accountant reprint
Commitments of sewer house connections and water
house connections were signed.
The records of the meeting held on December 15th
were approved.
The meeting adjourned at 11;25 P.M.
A true record, Attest:
Clerk