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HomeMy WebLinkAbout1942-06-08SELECTMEN'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- bent. The other four persons failed to apply for the 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. 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 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 52 Dexter Road offering to pay the sum of $150.00 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, 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 the East Lexington playground and Lester Dutka at the North Lexington playground. Mr. Potter moved that the employment of both per- sons be approved. Mr. Rowse seconded the motion, and it was so voted. Miss Crosby Flag Day Lots on Dexter Rd. Field Day Playground personnel At 8:10 P.M. the following members of the Appro- 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 spBeify 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 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. 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 moved from the Selectmen's Room. Apparently the best place for the Report Center would be the dressing rooms in the basement of Cary Hall and the Committee on Public 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 4' x 6' and the other would carry a Service flag the 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 and installed. I Mo vi ng Report Center Flags for Honor Roll 532 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 d5g 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 considered alien the war is over. Letter was received from the Rationing Board re- 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 $50.00 from the Reserve Fund Board for the purchase of two files for the Rationing Board. Mr. Saran 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, U.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 Asso- 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 d5g 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 considered alien the war is over. 33 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 worded 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; Oakmount 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 EASEMENT UNDER CHAPTER 504 OF THE ACTS OF 1897 A5 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 • WHEREAS, by Chapter 277 of the Acts of the year 19090 which was duly accepted by a majority 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 to 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; C 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; Nota then} 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- 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 - eludes 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 s 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. 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 and 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. Saran Lexington • 0 [7 COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Mass. June 6, 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 mer:, Eleanor M. Lowe Notary Public My commission expires Oct. 9, 1947. SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER CARY STREET (From Sutherland Road northwesterly 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- ington Fire Station and another bin at the Town Office Building. The Chairman advised that the Board of Fire 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 to retain its old calculating machine in preference to taking over a more modern one in the Assessors' office. He said that in view of this, an allowance • 1537 Bins for scrap material Calculating machine 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 ton 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. Mr. Paxton reported that the Minute Men had re- quested the use of a conference room on June 1721942. 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. Saran 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 he finds that the W.P.A. is liable.. to come in and 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 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. Rdwse seconded the motion, and it was so voted. Mr. Rowse asked if the Townes 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 of the State Committee on Public Safety. The reason 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 group 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 M&B Car track rails Water Depts. Mutual Aid 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 Caister 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 Cir; 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 Iday 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 the ly 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, Attests Clerk