HomeMy WebLinkAbout1942-06-08 529
4111 SELECTMEN 'S MEETING
June 8, 1942
A regular meeting of the Board of Selectmen was
held in the Selectmen' s Room, Town Office Building On
Monday evening, June 8, 1942 at 7 :30 P.M. Chairman
Giroux, Messrs., Potter, Rowse, Locke, and Sarano were
present . The Clerk was also present.
Mr. Morse appeared before the Board at 7:30 P.M.
He reported on the amount of money expended to
date and said that he had about $2,000.00 to be made
up in the next six months .
Mr. Morse reported that the Civil Service Commis-
sion certified five names to him on June 4, 1942, one
of which was Miss Katherine Crosby, the present incum- Miss
bent. The other four persons failed to apply for the Crosby
position. The Commission has ruled that Miss Crosby
will have to revert to $16.00 per week for six months
and she has agreed to do this .
Mr. Rowse moved that Miss Crosby's employment be
approved by the Selectmen. Mr . Locke seconded the
motion, and it was so voted.
4110 Mr. Morse retired at 7 :40 P.M.
The Chairman said that the Flag Day Committee
would like to use the Common on June 14, 1942 for the Flag Day
Flag Day exercises
Mr. Sarano moved that the request be granted.
Mr. Rowse seconded the motion, and it was so voted.
Letter was received from Marion R. Coughlin of Lots on
52 Dexter Road offering to pay the sum of $$150.00 Dexter Rd.
for lots 40 and 41, Block 2, Dexter Road. Mr. Potter
said that he would get his committee together to con-
sider the offer.
Letter was received from the Stanley Hill Post
#38, American Legion requesting permission to hold a
Field Day at the Center Playground on July 3 and 4, Field Day
1942.
Mr. Potter moved that the permit be granted sub-
ject to conditions and regulations as approved by Mr.
Garrity, Chief Taylor, and Chief Sullivan.
Letter was received from Mr. Garrity requesting
approval of the employment of Earle B. Sukeforth at Playground
the East Lexington playground and Lester Dutka at the personnel
North Lexington playground.
Mr. Potter moved that the employment of both per-
' 410 sons be approved. Mr. Rowse seconded the motion, and
it was so voted.
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530
At 8 :10 P.M. the following members of the Appro4111
-
priation Committee appeared before the Board: Vice
chairman Maynard, Messrs. Bond, Hoyt, Hynes , Newhall,
Spellman, Brown, White, and Winlock.
The Chairman told the group that the Selectmen
had called this meeting to consider the question of the
1942 1942 tax rate. The Board of Assessors determined a tax
Tax rate rate of $29 .50 for this year and submitted the figure
to Tax Commissioner, Henry F. Long, for approval. Com-
missioner Long refused to approve the rate and requested
that the present rate of $31.40 be established for 1942.
The Chairman said he took up the matter with Mr.
Wrightington, believing that Mr. Long had no right to
say what our tax rate should be. He read Mr. Wrighting-
ton's opinion which said, among other things, that he
could find no statutory basis for Commissioner Long's
assumption of authority to compel local assessors to
set the tax rate higher than they deem necessary. The
Assessors are the ones to determine the amount of the
tax levy and therefore the rate. The statutes specify
the items to be included in the tax levy and the items
to be included are all confined to the current year.
Chapter 59, section 25, specifically authorizes but does
not require an addition of not exceeding 5% for what is
known as the overlay: This in itself implies that they
cannot add a further amount as a cushion to meet expected
decline of revenue in future years .
The Chairman pointed out that this problem had come 1111
up in other communities and Concord has refused to pay
any attention to Mr. Long and has announced the same rate
as originally brought in. West Springfield has also re-
fused to pay any attention to Mr. Long. The Chairman
said that Mr. Long's stand was taken because of antici-
pated loss of revenue from gasoline tax, etc. He said
however, that the Selectmen felt that the Town would be
in a sound position even if the tax rate was reduced to
$29.50. Both Boards recommended reduced expenditures
this year and the Town Meeting sustained the two Board's
recommendations. He said the Town had, therefore , ap-
proved an economy program and expected that because of
this the tax rate would be reduced. He felt that if Lex-
ington established the lower rate regardless of Mr. Long,
and other communities did likewise, it would undoubtedly
indicate to the Legislature that the people demanded re-
duced expenditures, and that the State in turn might cut
down appropriations .
He read a letter addressed to the Chairman of the
Board of Assessors explaining the position of the two
Boards and informing the Assessors that the will of the
people of Lexington calls for a tax rate of $29.50 and
asked that the Assessors confirm this by determining this
to be the proper rate for 1942. Both Boards approved the
letter and Chairman Giroux and Vice Chairman Maynard
signed it.
.531411/ .
The Board of Assessors appeared at 8:40 P.M.
The Chairman explained the position of the two
Boards relative to the tax rate for 1942. He gave Mr.
Steeves the letter just signed. He said that the Ex-
cess and Deficiency account was $28,000.00 higher than
it was a year ago at this time and said that the un-
collected taxes were $33,000.00 less than at the same
time last year.
Mr. Steeves said that the Assessors had always
cooperated with Mr . Long 100%. He said he personally
would like to see the rate kept at $31.40 which is what
Commissioner Long wants. Mr. Steeves said he understood
that 90% of the cities and towns were cooperating with
Mr. Long in this matter . The Chairman said he believed
that this was putting the burden on the cities and towns
and letting the State out without curtailing expenditures.
Mr. Steeves asked if the Boards thought that there would
be an increase in the tax rate in Lexington next year,
based on the loss of revenue, and the Chairman said un-
doubtedly there would be an increase unless such senti-
ment is shown so that the Legislature will cut the State
budgets to offset the loss in revenue.
The Assessors retired at 8:50 P.M.
The Chairman informed the Appropriation Committee
that the Selectmen were anxious to have the Report Center
4111 moved from the Selectmen' s Room. Apparently the best Moving
place for the Report Center would be the dressing rooms Report
in the basement of Cary Hall and the Committee on Public Center
Safety has agreed to use this space. It will cost about
$75.00 to move the telephones and Mr. Rucker asked if
this expense could be charged to some other account as
he did not wish to absorb it in the budget for the Com-
mittee on Public Safety. The Chairman asked how the
group wished to handle the $75.00 expense. Both the
Selectmen and the Appropriation Committee felt that
the expense should be charged to the Committee on Pub-
lic Safety.
The Chairman said it was suggested that the Town
provide two flag poles to stand directly in back of
the Honor Roll in front of Cary Hall. The poles would
be 18 feet high and one would carry an American flag Flags for
4' x 6' and the other would carry a Service flag the Honor Roll
same size. The total cost would be about $80.00. Mr.
Potter moved that the Selectmen request the Appro-
priation Committee to transfer the sum of $80.00 from
the Reserve Fund to pay for the installation of the
flags. The motion was not seconded and was therefore
lost. Mr. Rowse thought that some organization might
be interested enough to pay the expense. Mr. Potter
then informed the group that he would be pleased to pay
the cost of having these flags and flag poles purchased
4110 and installed.
532
Letter was received from the Rationing Board re41/0
-
questing authority and funds to purchase two four-drawer
steel filing cabinets . The Chairman said that these
Files files would cost not over $50.00.
for Mr. Rowse moved that the Appropriation Committee
Rationing be requested to transfer 00.00 from the Reserve Fund
Board for the purchase of two files for the Rationing Board.
Mr. Sarano seconded the motion, and it was so voted.
Letters were received from Elmer A. Lord & Co . ,
Ins . and Robert C. Merriam relative to war risk insurance.
It was decided to secure more information on the matter
before taking action.
The Appropriation Committee retired at 9 :17 P.M.
Mr. Charles E. Bartlett, Commander of Lexington
Post #3007, V.F.W. appeared before the Board and said
Carnival that his organization would like to hold a carnival on
the Viano lot on Massachusetts Avenue, East Lexington,
some time this summer. The Chairman told him that per-
haps the Board would grant a permit if the organization
would agree to hold the carnival later on in the summer.
Mr. Bartlett said that would be all right and he retired.
Mr. Rowse moved that the permit be granted for one
week only, some time during the month of August. Mr.
Sarano seconded the motion, and it was so voted.
Letter was received from the Parent-Teacher Asso4111
-
ciation requesting that an article be inserted in the
warrant to see if the Town will vote to accept Chapter
Article 710 relative to the registration and operation of
re bicycles .
bicycles Mr. Rowse moved that an article be inserted in the
warrant for the next Town Meeting to cover this and
that Chief Sullivan and Mr. Wrightington be akked if
they had any By-laws to suggest to govern the use of
bicycles. Mr. Locke seconded the motion, and it was
so voted.
The Board signed a petition and Act for legislation
Act authorizing a separate Board of Public Welfare in Lex-
ington.
Warrant List of unlicensed dogs was received from the Town
d®g Clerk. The Board signed a warrant to the Dog Officer
officer ordering him to see that all dogs were licensed.
Letter was received from the Planning Board rela-
tive to changing boundary lines of precincts . The
Planning Board recommended that the standard form of
representation on proportional basis be adopted, but
that no action on the matter be taken until after the
war. The Clerk was instructed to thank the Planning
Board and to advise that the matter would be considered4111
when the war is over.
763
4111 The Chairman informed the Board that the Clerk had
received a complaint regarding an individual living at
Tyler's , 31 Maple Street. The complaint was that this Complaint
person acted queerly and the neighbors are worxisd for
the safety of their children.
Mr. Locke moved that the Chief of Police be author-
ized to investigate the complaint. Mr. Potter seconded
the motion, and it was so voted.
Upon motion of Mr. Sarano , seconded by Mr. Potter,
it was voted to sign the following orders granting joint Pole
locations : locations
Eustis Street, northwesterly from Percy Road,
2 poles;
pakmount Circle, easterly from Merriam Street,
4 poles ;
School Street, northerly from Stimson Avenue,
2 poles ;
Clark Street, southwesterly from Mass. Avenue,
3 poles .
Upon motion of Mr. Sarano, seconded by Mr. Potter,
it was voted to sign the following Sewer Order :
ORDER OF
TAKING BY THE TOWN OF LEXINGTON OF RIGHTS OF WAY AND
41/0 EASEMENT UNDER CHAPTER 504 OF THE ACTS OF 1897 AS AMENDED.
CARY STREET
(From Sutherland Road northwesterly
approximately 200 feet)
WHEREAS, By Chapter 504 of the Acts of the year 1897,
entitled "An Act to authorize the Town of Lexington to
construct a system of sewerage", the same being herein-
after referred to as "said Act" said Town was authorized,
among other things , to lay out, construct, maintain and
operate a system of sewerage, with the powers and
authority set forth in said Act, including full power
to take by purchase or otherwise any lands , rights of
way and easements in said Town necessary for the establish-
ment therein of a system of sewerage or sewage disposal
or for any of the purposes mentioned in Section 1 of said
Act; and
WHEREAS said Town of Lexington duly accepted said
Act in the manner provided therein; and
WHEREAS, the system hereinafter referred to as
about to be constructed, the plans showing in detail
the work to be done in constructing the same, have been
duly approved by the State Board of Health; and
53
WHEREAS, by Chapter 277 of the Acts of the year 11/1
1909, which was duly accepted by a matority of the
voters of said Town in the manner provided in section
5 thereof, the then Board of Water Commissioners of said
Town and the Board of Sewer Commissioners elected under
the provisions of said Act (Chapter 504 of 1897) were
consolidated in one Board to be called the Board of
Water and Sewer Commissioners , with the provisions that
all the powers and duties of said Board of Sewer Com-
missioners should thereafter devolve upon said Board
of Water and Sewer Commissioners ; and
WHEREAS, by Chapter 1 of the Acts of the year 1922,
which was duly accepted by a majority of the voters of
said Town in the manner provided in Section 5 thereof,
the powers and duties of the Water and Sewer Commis-
sioners were assigned to the Board of Selectmen as a
Board of Public Works ; and
WHEREAS, Archibald R. Giroux, William G. Potter,
A. Edward Rowse, George W. Sarano, and Errol H. Locke,
citizens and residents of said Town, have been duly
qualified and are now the duly elected qualified and
acting Board of Selectmen pursuant to law and the pro-
visions of the Acts hereinbefore referred to, and
WHEREAS, said Town by vote passed at a town meet-
ing held on the 10th day of February 1915 authorized
and requested said Board of Water and Sewer Commissioners
(hereinafter referred to simply as "the Board" ) to pro-
ceed under the provisions of said Act as amended by
Chapter 322 of the Acts of the year 1913 and the acts
referred to in the first section thereof, to lay out,
construct, maintain and operate a sewerage system; and
said Board has conformable to law and pursuant to said
vote, laid out such system and is about to construct
the same ; and
WHEREAS the Town has on the 23rd day of March,
1942 "Voted: That the Selectmen be authorized to in-
stall sewer mains in such accepted or unaccepted
streets as may be applied for during the year 1942 in
accordance with St. 1897, Ch 504, as amended, or
otherwise, and to take by eminent domain any necessary
easements therefor", and
WHEREAS the system, as so laid out, required the
construction of a sewer 1n the location hereinafter
described, the same to be maintained and used as part
of a system of sewage disposal for a part of said Town
and;
WHEREAS, the location adopted for said sewer is
shown approximately in the following described line,
hereinafter called the "Line of location", viz :
Beginning at a point in the northwesterly line of
Sutherland Road, thence northwesterly distant about
200 feet to a point.
For further description of the line of location
see plan by the Town Engineer dated May 23, 1942,
hereinafter mentioned and referred4to.
And whereas the right of way and easement herein-
after described and taken are necessary for the estab-
lishment of said system of sewerage and sewage disposal
and for the purpose of providing better drainage as
authorized by said Acts;
Now the4 said Board, acting for and in behalf of
siad Town, hereby takes under the authority of said
Act ( Chapter 504 of the Acts of 1897) the following
right of way and easement , viz :
A right of way and easement in and through the
land through which the line of location runs in Cary
Street for a sewer, including manholes and appurten-
4111 ances , said sewer to be laid and maintained in the
ground in substantial accordance with said line of
location. The easement covered by this taking in-
cludes the right on the part of the Selectmen of said
Town, or other duly authorized agents of the Town, to
enter upon, dig up, open and use the land embraced
within said way as may be reasonably necessary for
the purpose of laying the sewer, manholes and ap-
purtenances initially and maintaining, operating,
inspecting and repairing the same from time to time
thereafter; said Town being always bound to see that
the ground directly after the completion of the work
in each case is cleared of all surplus material, and
surface left in as smooth and good condition as at
the time of entry.
The right of way shall include so much of the
line of such way as is necessary for the taking and pur-
poses, not exceeding fifteen (15) feet on each side of
the line of location.
Betterments will be assessed for this improvement
in accordance with the provisions of Chapter 221 of
the Acts of 1926.
536
A plan made by John T. Cosgrove, Town Engineer,
dated May 23, 1942 entitled "Plan of Proposed Sewer
in Cary Street, Lexington, Mass . Scale 1 in. = 40 ft.
May 23, 1942, John T. Cosgrove, Town Engineer", is
hereby referred to and made a part of the present
description of taking, which plan is to be recorded
herewith in the Registry of Deeds for the Southern
District of the County of Middlesex.
The area which it is expected will receive bene-
fit or advantage other than the general advantage to
the community from such improvement is described as
follows :
The same being lands of Clyde T. and Kathleen I.
Butcher and Allan J. MacGillivray.
The said area comprises the several lots shown
upon the plan hereinbefore referred to , which are
designated in the schedule hereto annexed and made
a part hereof.
We determine that no damages have been sustained
and none are awarded.
To have and to hold said right of way and ease-
ment to the Town of Lexington, its successors and111
assigns , to its and their own use and behoof forever,
agreeably to the provisions of said Chapter 504 of
the Acts of the year 1897 and any and all pertinent
acts in amendment thereof or supplemental thereto.
IN WITNESS WHEREOF the said Archibald R. Giroux,
William G. Potter, A. Edward Rowse, Errol H. Locke, and
George W. Sarano of the Board of Selectmen aforesaid
have hereunto subscribed their names this eighth day
of June, A. D. , 1942.
Archibald R. Giroux Selectmen
Errol H. Locke
William G. Potter of
A. Edward Rowse
George W. Sarano Lexington
7
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Lexington, Mass.
June 8, 1942
Then personally appeared the above named Archibald
R. Giroux, William G. Potter, A. Edward Rowse, Errol H.
Locke, and George W. Sarano of the Board of Selectmen
aforesaid, and severally acknowledged the foregoing
instrument by them subscribed to be their free act and
deed and the free act and deed of the Board of Water
and Sewer Commissioners of the Town of Lexington, be-
fore me ,
Eleanor M. Lowe
Notary Public
My commission expires Oct. 9, 1947.
SCHEDULE OF ESTIMATED BETTERMEITTS
REFERRED TO IN THE FOREGOING ORDER
CARY STREET
(From Sutherland Road northwesterly
4111 approximately 200 feet)
Owner as of January 1, 1942 Lot No. Assessment
Clyde T. & Kathleen I. Butcher 1 - 4 $127.00
Allan J. MacGillivray 5 - 8 105.00
Letter was received from the Lexington Committee
on Public Safety requesting permission to place a bin
for the collection of scrap material at the East Lex- Bins for
ington Fire Station and another bin at the Town Office scrap
Building. The Chairman advised that the Board of Fire material
Engineers be consulted relative to the use of the East
Lexington Fire Station. He asked how the Board felt
about a bin being placed in front of the Town Offices.
The Board felt that this would not be a proper place
but said that it would have no objection to the Com-
mittee using part of the gravel space at the Barnes
property in front of the garage.
Letter was received from the Town Accountant ad-
vising that the Engineering Department had decided Calculating
to retain its old calculating machine in preference machine
to taking over a more modern one in the Assessors '
office. He said that in view of this , an allowance
538
of $70.00 would be made for the machine in the Assessors '
Office and a sum of $270.00 would be transferred from
the Reserve Fund. The Board had no objection to this
arrangement.
Governor Saltonstall's Executive Order #16 re-
garding scrap materials was received and noted.
Letter was received from the Town Counsel advis-
ing that he had settled the case of Lexington v.
Town Burke relating to the estate of Catherine Meek. Mr.
Counsel' s Wrightington collected $3.75 for his disbursements
bill and enclosed his bill for services amounting to $30.
Mr. Locke moved that Mr. Wrightington' s bill be ap-
proved for payment. Mr. Potter seconded the motion,
and it was so voted.
Governor Saltonstall's Executive Order #15 re-
garding police mobilization was received and noted.
The Clerk was instructed to send this to the Police
Station to be posted on the Bulletin Board.
Letter was received from the Massachusetts
Commission on Administration and Finance recommend-
ing that the Selectmen secure a list of all "X cards"
held by our Town employees . The Clerk was instructed
to ask the Rationing Board for a list of Town employees
holding "X cards" .
The Board signed a Pasteurization of Milk license
for Augustus J. Silva of 643 Waltham Street.
The Chairman advised the Board that Leigh V.
Farnham, employed by the Town for almost ten years,
had passed away. He said that flowers had been sent.
Flowers Mr. Potter moved that the $5.00 for the flowers
be charged to the Unclassified Account. Mr. Locke
seconded the motion, and it was so voted.
Letter was received from Mr. Garrity advising
that his lead supply was almost exhausted. He re-
Lead quested permission to purchase one additional ton.
He has funds in his account to pay for it.
Mr. Sarano moved that Mr. Garrity be granted
the desired permission. Mr. Locke seconded the
motion, and it was so voted.
Mr . Paxton appeared before the Board at 10:30 P.M.
He reported that the Flag Day Committee had re-
Use of quested the use of Cary Hall on June 14 , 1942 from
Halls 7 :00 P.M. to 10:00 P.M. if it rains . Mr. Potter
moved that the use of the hall be granted. Mr. Locke
seconded the motion, and it was so voted.
4111
539
Mr. Paxton reported that the Minute Men had re-
quested the use of a conference room on June 17,1942.
Mr. Sarano moved that the use of the hall be granted
free of charge. Mr. Locke seconded the motion, and
it was so voted.
Mr. Paxton said that Mrs . Merriam had requested
the use of Estabrook Hall on June 9, 12, and 16 from
10:00 A.M. to 12 :00 A.M. Mr. Sarano moved that the
use of the hall be granted, free of charge. Mr.
Locke seconded the motion, and it was so voted.
Mr. Paxton said that the Camera Guild of the
Minute Man Arts and Crafts Society had requested
the use of Cary or Estabrook Hall on October 10,
1942 . Mr . Potter moved that the use of either hall
be granted subject to the usual charge . Mr. Locke
seconded the motion, and it was so voted.
not
Mr . Paxton said that he had/been too keen about
the project for the removal of the car tracks, but M & B Car
he finds that the W.P A. is liable to come in and track rails
remove the rails anyway. The Town has not yet re-
ceived title to the rails from the Middlesex & Boston.
The cost of the project is about $2200.00 and we can
410 anticipate receipts for the rails of $1100.00, leav-
ing a net loss to the Town of $1100.00.
Mr. Potter moved that a W. P.A. project for the
removal of the rails be submitted. Mr. Hawse seconded
the motion, and it was so voted.
Mr. Rowse asked if the Town's contribution
could come from Chanter 90 Maintenance and Mr. Paxton
said he had not discussed that with the State and
County. He said that he would do so.
Mr. Paxton said he had attended a meeting of
Water Superintendents in conjunction with members Water Depts .
of the State Committee on Public Safety. The reason Mutual Aid
for the meeting was to discuss mutual aid between
Water Departments in the case of an emergency. Mr.
Marsh of Arlington drew up a plan for mutual aid
between towns. The groua suggested a committee
made up of one Water Commissioner from each Town to
work out details . At the present time the plan is
to have mutual aid on the same basis as the Fire
Department; that is , no charge . Mr. Paxton did not
approve of this. The Board requested him to handle
the matter as he saw fit.
Mr. Paxton said he had received a letter from
the State Department of Public Works pertaining to
1110
544
traffic signals . All traffic authorities must give •
consideration to shortening the hours of pre-timed
Traffic signals now in operation. We have only one and that
Signals is at the corner of Waltham Street and Massachusetts
Avenue and this is turned off at 11:00 P.M. No ac-
tion was taken on the matter.
Mr. Paxton read a letter from one Joseph Betten-
court of 65 Spring Street, requesting that a wall be
Req. for built in front of his house. Mr. Paxton said that
wall on this man was not the only one who needed a wall, but
Spring St. if one was built for him all the others would want
them. We have not cut back to his property line.
Mr. Potter moved that no action be taken. Mr.
Sarano seconded the motion, and it was so voted.
Mr. Paxton said that Mrs . Louise Carter of 292
Waltham Street received a water bill of $8.64 and her
Carter bills for several years have been only $3.75 a quarter.
Water The Water Department found that there was a leak in
Bill the flush which has since been fixed. Mrs. Carter re-
quested an abatement on the grounds that she did not
know about it.
Mr. Potter moved that no action be taken. Mr.
Rowse seconded the motion, and it was so voted.
Mr. Paxton read a letter from one Louis C. Cyr
who claimed that a tire and tube on his Sterling
1110
Cyr truck was ruined when the truck hit a depression on
claim Woburn Street caused by the settling of a water
trench. Mr. Paxton said that a water service was
completed on May 9, 1942 and on May 15, 1942 one of
the night men at the Public Works Building received
a call from the police to put lanterns and horses
around the trench. He went down to the location and
did put out lanterns and horses although he felt that
they were not necessary as the trench had been "kicked
out ' only about two inches . On Saturday, May 16, 1942
the trench was patched. Mr. Paxton said that an in-
vestigation of the facts would indicate that the Town
was not liable. The Clerk was instructed to advise Mr.
Cyr that the Town denied liability in the case.
The meeting adjourned at 11:00 P.M.
A true record, Attest:
Clerk