Loading...
HomeMy WebLinkAbout1941-12-22 334 SELECTMEN' S MEETING 4111 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 Messrs . Potter, Locke , and Sarano were present The Clerk was also present Mr. Rowse ap- peared at 7 :53 P.M. At 7:30 P.M the Town Treasurer, Mr. Carroll, ap- peared 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 ')ay .431 " 1 Secona National Bank 300 " Boston Safe Deposit & Trust Co. .3r " Merchants National Bank 540 tt Mr . Potter moved that the bid of the Boston Safe Depoit and Trust Co. be accepted. Mr. Locke seconded 4111 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. VanSteenburgh 45 Harding Road Louis Ruocco 28 Theresa Avenue Clarence E. MacPhee 14 Baker Avenue Arthur W. Johnsen 42 Baker Avenue H. 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 335 • Name Address Joseph A. Moretti 8 Rindge Avenue Clinton E. Miller 5 Sylvia Street George E Wheatley 19 Haskell Street Alton bi 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 4110 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 Dertwell Road Ronald Emus 36 Ward Street Irving :... 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 Winter 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 • Police Officers for a term expiring December 31, 1942. Mr . Sarano seconded the motion, and it was so voted. 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. Phey desired sufficient money to carry through to March with the understanding that any appropriations made would be subject to the following conditions : All expenditures would have to be approved by the Appro- priation Committee and the Selectmen; the account would operate the same as a reserve account. Com on The Chairman said it would have to be arranged so Public that the Committee could have small expenditures with- Safety out waiting for a meeting of the two Boards He said Funds 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 4111 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 that 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 $2,000 :00 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 said 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. 337 1110 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 oscillating s—stems, at a cost of 03,000. a piece. `_'dere 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 01500.00 a piece which would mean an expenditure of 04500.00. 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- c)uested: Trailer pump, $1200.09; medium-size truck, 02500.00 ; fire fighting equipment, 0350.00 each truck; hose, 03,000.00 (for 5,000 feet) ,housing for apparatus. The Auxiliary Fire force is to be limited to 100 men and it will cost about $35 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 R 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 $2,000. 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. 338 The Chairman n 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 042.16 and there is a balance of 0l4.89 leaving a deficit of X27 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 end 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 expenses of 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- 4111jured and the hill kept in good condition Mr. Taylor also said 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 W. Taylor, of the Fire De- partment, and Mr. Wrightington appeared before the Board. Chief Taylor The Chairman said that he had an informal discussion re : fees with Chief Taylor and Mr . Wrightington with reference to collected 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. w 4111 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 54 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. 1935, Ch. 123, sec. 2 forbids storage of inflammables in or near dwellings, except in very small quantities , without a permit from the Chief of the Fire Department for which he charges not over 50t. The re -ulations 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 4111 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 certification 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 y$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 54 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 sown officer Mr. Wrightington found no decidion interpreting these sections . G. L Ch. 44, 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. 340 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 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 sever 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. 1110 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 10A of Ch. 148, as the agent of the Fire Marshal, although it now appears that fees for permits for storare 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. 341 4110 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 Lngineers 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 Fire inclined to agree and that it might do him some good. The Jngineers 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 ;3oard was not an underhanded way to "get rid of" Chief Taylor. He 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 Cert. of Errol H. Locke , one of the incorporators of the Bay character State Historical Leal-ue , was received. • Mr . Rowse moved that "Ir . Lockets character oe 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 Sidewalk 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 sa`_d that he ma,'e a mistake last week when he said that there would be no charge for the Street light installation of a light 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 4 342 1111 each Thursday night starting January 8, 1942. Mr. Locke moved that the use of the room beg ranted 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 Boq. 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' s411 gasoline requirements for 1942 : Colonial Beacon Oil Gas Co. , Gulf Oil Co. , Shell Union Oil, Sinclair Refining bids Co. , Socony Vacuum Oil Co. , Inc. , Texas Co. The bids received were all the same . This year, with the State tax included, we have been paying a maximum of 9.31 per gallon. The price bid for next year is 11.'q per gallon 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. -343 The Town Counsel' s bill in the amount of 0309.30 for personal services and disbursements in the DeVin- Counsel' s cent case was received. bill 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 Licenses Lowell Rendering Co . , Billerica Connors Bros . , Burlington Manuel J Silva, Lincoln " Mary A. Rowland, 150 Lowell St. Common Victualler Swenson Bros . , Marrett 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. Posters 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 Police that the Special Police commissions for the follow- Comm. ing persons be cancelled: 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 Special necessity for Special Police authority among his em- police 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 Bids on composition and printing of the bock in the form and Town Report manner contained in the specifications . There will be a charge for author ' s corrections in the amount of 02.50 per hour. Bids for reprints : For any report up to 100 copies with separate cover, 55¢ per page. Fleming & Son Below is an estimate for printing 11/1 a 1941 Town Report as per specifications : 01.94 per page 100 additional reports of School Dept. $ .50 100 additional reports of Town 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 - 02.87 per page, $27.00 for school reprint, $90 .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 1110