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HomeMy WebLinkAbout1942-07-06 57 411/ SELECTMEN'S MEETING July 6, 1942 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building on Monday evening, July 6, 1942 at 7 :30 P.M. Chairman Giroux, Messrs . Potter, Rowse, Locke, and Sarano were present The Clerk was also present. The Chairman told the Board that he had been up to the Bedford Airport and had talked with the Chaplain with reference to entertainment for the boys. The Chairman Entertainment thought that there should be an organization in Lexington for boys fron to work directly with the Chaplain. However, it is im- Bedford Air- portant that the Town go slowly in the matter. He said port that he had received several telephone calls about the boys "hanging around" the Common. These boys are at Bedford on a war basis and only 1/3 of them can be out of the camp at the same time. The Chaplain thought that perhaps the boys needed entertainment up there more than in Lexington. However, the Chairman suggested that a committee made up of a representative from every active organization in Town be established; this committee to function for the duration of the war. He suggested that a meeting be held in Estabrook Hall on Thursday, July 16, 1942 and that a representative from the various organizations be invited to attend The suggestion was adopted. The Chairman said that some people were worried about young girls being around the streets at night and although the Town should not be responsible for the girls, some of the parents are negligent The Chairman said that Curfew a curfew regulation was included in the By-laws and he suggested that the Chief of Police be ordered to enforce it. Mr. Potter moved that the Chairman's suggestion be adopted and that the Chief be requested to furnish the Board with a list of offenders . Mr Locke seconded the motion, and it was so voted. It was decided not to ring the curfew. At 8 :15 P.M the Board of Health of Lincoln, com- prtsed of Dr. DeNormandie, Messrs . Smith and Conant and Hill appeared before the Board. The Health Inspector , John Lamont, was also present. Dr. DeNormandie said that Walter Murphy of Lexing- ton had put 500 pigs in Lincoln and he has no license to keep pigs or to transport garbage through the Town of Lincoln. 558 He applied for a permit last year and was told under no circumstances was he to put pigs in Lincoln. The farm is near the Lexington line and one of the pens is in Lexington. Dr. DeNormandie said that the Town of Lin- Board of coin had employed Mr. Wrightington to represent it and Health had instructed him to take legal action Murphy. He Re ; Walter asked if the Town of Lexington would authorize Mr. Murphy Wrightington to take legal action against Murphy in be- half of the Town of Lexington inasmuch as part of the piggery is in Lexington The Board agreed to do this. Dr. DeNormandie said that Lincoln would prefer to have the matter stopped by injunction. He said that there was a question of zoning involved also. The farm that Murphy bought is not zoned for business and the Supreme Court has established the fact that a piggery is a trade. The Chairman said that the general purpose of this meeting was to see if some way might be found whereby the towns of Bedford, Lincoln, and Lexington might get together and enforce rules and regulations relative to piggeries so as to minimize the fly nuisance. He told the group that Lexington had been working with the State authorities for some time on this question. The Board has a gentlemen' s agreement with the farmers in Lexing- ton to the effect that they will not stack and spread manure during the months of June, July, and August. The Fly Chairman read a letter from the Health Inspector recom- nuisance mending that all pig manure or refuse stored during these three months be treated with borax at the rate of one 4111 pound to each eight cubic feet. Mr. Rowse moved that the farmers be requested to comply with the Health In- spector' s recommendation. Mr. Locke seconded the motion and it was so voted. The group retired at 8 :30 P M. At 8 :35 P.M. the Board of Assessors and Mr Nathan B Bidwell appeared before the Board. Mr. Spencer , the Clerk of the Board of Assessors, was also present. The Chairman said that this conference was re- quested by Mr. Bidwell who represents a group of tax- payers in Lexington. Mr. Bidwell said that that was Conference correct. He said that there was a clamor for the lower- re : tax ing of the taxrate He thought it fair to say that in rate the last several years there was a general feeling among the citizens of Lexington that the Town is in a more orderly position and is being run in a better way than in any time for many years . He said that in the matter of the Assessors fixing the tax rate, they are in a unique and unfortunate position. As officers of the Town, they have carte blanche in fixing the tax rate. The impres- sion got around that Tax Commissioner Long had made a mandatory statement relative to fixing the tax rate, and after talking with Mr. Long' s office he believed that this was a false impression. • 550 4110 He said that everybody resented the Town officers being encroached upon by the State There has been a friendly feeling between the State officials and the officers of the Town of Lexington for many years He said that if the Assessors make a mistake in the tax rate, even after the bills have been committed, the tax rate can be upset. The Statute does not allow the Assessors to set up re- serves for future years . It says that they must allow for merely enough to pay the expenses for the current year. Mr. Bidwell read General Laws, Chapter 40, Sec- tion 53. Mr. Bidwell said that some one hundred or so residents of the Town had consulted him. Some say that if the tax rate is cut below what has been announced (00.50) they will be satisfied, but if it is not cut down, there may be some embarrassing moments later on. He thought they would be satisfied if the rate was brought down to 09 .50. If the tax rate is set and later on it is felt that the people have had to pay more than what is needed for the current year, the Statute provides for suits against the Assessors as individuals . There have been cases like this in several states . Mr Potter said that the Board of Assessors were appointed by the Board of Selectmen and they were supposed to use their own best judgment. He asked Mr. Bidwell if the Assessors were to take the judg- ment of people on the outside who have had no experience 1111 in the matter of assessments and tax rates . Mr. Bidwell said that the people had used their own best judgment but he thought that Commissioner Long' s office had mislead them. He thought that there was no question of abandon- ing the Assessors ' judgment, but the influx of criticism should have its proper weight and value . He believed that upon reQexamination of their figures the Assessors might change their opinion. He believed that the Assessors were under the impression that they could establish re- serves for future years but they cannot do that under the Statute. Mr. Potter said that the Assessors had alwas used good judgment and they were trying to protect the Town against future increase in taxes He asked what Commissioner Long said he would approve. Mr Spencer said that Commissioner Long would not approve of any- thing less than 3l.40. He said the Assessors were figuring on setting up a reserve of some twenty odd thousand dollars for next year. Mr. Rowse said that the petitions were circulated by him and were prepared by Mr Bidwell. He said that he would not deny that he had been very active in this matter He said that in order to intelligently handle a Town Meeting the Chairman of the Board of Selectmen should be able to fairly accurately forecast the tax rate to the voters . 4110 560 Last year, mostly through his efforts , the Town Meeting voted $38,000.00 less than the Appropriation Committee's recommendations which should mean a reduction of about $1.75 on the tax rate, but the reduction was only 84. He said the Assessors underestimated their income by $18,000.00. In 1942 an economy policy was established by the Town Meeting, printed, and published. The appropria- tions were reduced so as to give' the taxpayers a re-; - duced rate. The Town Meeting voted reduced expenditures but the taxpayers did not get the reduced tax rate. He thought that the Chairman would look ridiculous in the future if he said the Town would have a certain tax rate if certain appropriations were voted, and that the tax- payers would laugh at him. The Assessors compute the tax rate but the Town Meeting members appropriate the money and thereby set the rate. Mr. Rowse read the receipts estimated by the Assessors in computing the tax rate and said he thought that they had underestimated in several cases. He said all he was interested in was to get the lowest possible tax rate for the taxpayers. The Chairman said that for the last four or five years we have had an Excess and Deficiency Account of about $110,000.00 and every year we have used $20,000.00 or $30,000.00 of this. However, none of it was used this year. As our normal Excess and Deficiency Account is $110,000.00, this year we should have at least • $130,000.00. The Assessors have admitted that b squeezing they could bringthe tax rate down to $28.55 which would mean another 20,000.00. Therefore this year our Excess and Deficiency Account should be up around $150,000.00. He told the Board of Assessors that the predominant thought in their mind should be that the Town Meeting members voted appropriations which they thought would give them a $29.50 tax rate. Mr. Potter said that if they could make the tax rate $28.50 and still have enough money to run the Town, then they have no right to make it higher than $28.50. The Chairman told the Assessors he believed they should get a written opinion from the Town Counsel on the subject. Mr. Rowse asked Mr. Steeves if the figures used by them were as nearly correct as they could make them when they first requested Mr. Long to approve a $29.50 rate and Mr. Steeves replied in the negative and said they believed then they could make the rate lower but were anxious to create a reserve for next year. The Chairman again told the Assessors that they should consult with Mr. Wrightington as to the rights, powers, and duties of the Board of Assessors in setting the tax rate and Mr. Steeves agreed to do this . The group retired at 9:32 P.M. 561 4110 At 9:35 P.M. Messrs. Rucker and Sands appeared before the Board. The Chairman said that he had suggested to the Selectmen that a meeting of the Town employees be called to discuss the matter of training them in Civilian Defense. However, the Board was not in accord that this was the way to handle it. Mr. - -- Rucker said that perhaps every service should be taken into consideration separately. He said he thought that it was a question of leadership. He said that the members of the Committee on Public Safety were giving their services free of charge and it was hard for some of the members to understand why Training the Town employees were not taking an active part. Mr. Town Employ- Sands said he felt that all Town employees should be eea in Civ. forced to take instructions in operating equipment in Defense their departments and to take various other courses. The Chairman said that the Board agreed on the neces- sity of instruction but differed in the method. It was decided to meet next Monday at 4:30 P.M. and to request the Chief of Police and Supt. of Public Works to meet with the Board and determine the best way to handle the situation. The Chairman told Mr. Sands to discuss With the Fire Engineers the matter of train- ing the firemen. 4111 Messrs . Rucker and Sands retired at 10:10 P.M. Letter was received from the Middlesex & Boston Street Railway Company in reply to the Chairman's 5¢ fare for letter requesting a 5¢ fare for children under four- children teen years of age during the summer months. The letter denied said that with the advance in the cost of material and labor that the Company was not in a position to operate at any lower fare than at present. Letter was received from the Appropriation Com- mittee approving a plan proposed by the School Committee School to pay not more than $100.00 a year additional in teachers' salaries of teachers who have reached their maximum, salaries who have made their requirements , and who have taken additional courses to warrant such increases. Letter was received from the Appropriation Com- Transfer mittee advising that the sum of 4664.59 had been for Pre- transferred from the Reserve Fund to pay for the ex- flight pensee of the Pre-flight courses in Aviation which courses have been requested by the United States Government. • 562 Letter was received from the Appropriation Com 4111 - Roy Cook' s mittee advising that an increase of 0200.00 had been salary granted Roy A. Cook who has recently been made a Deputy Chief in the Fire Department. Letter was received from the Appropriation Com- Transfer mittee advising that the sum of 036.60 had been trans- to School (erred from the Reserve Fund to the School Department Dept. Expenses Account to pay for cards used for gasoline rationing. Letter was received from the Appropriation Com- mittee stating that that body felt that the Police De- Police partment should continue the policy of purchasing a cars new car each year. The Chairman said that one car had gone over 60,000 miles and the other had gone about 40,000. It was decided to request the Chief of Police to take bids on a new car. The Chairman said that the American Red Cross was Red Cross going to have permanent headquarters in the Bank Build- tables ing for the duration of the war. They wanted to know if they could borrow six tables from the Cary Memorial Building. The Board had no objection. The Chairman said that the Committee on Public • Report Safety felt that the quarters in the rear basement of ICenter the Cary Memorial Building were not suitable for the Report Center. It was decided to request the Supt. of Public Partition Works to obtain an estimate of the cost of putting up a temporary partition in the Selectmen's Room. The Chairman said that Mr. Paxton had received a request for the extension of the water main in Hill- Scurto req. crest Avenue for a distance of 150 feet to supply water water main to lot 15. Mrs. Rose Scurto, the petitioner, was the extension only person who signed the application for the exten- sion and apparently the other abutters are not interested in paying the betterment assessments. The Chairman said that the Town had a suit against Mrs. Scurto which has not been tried yet. Mr. Locke moved that the petition be denied. Mr. Potter seconded the motion, and it was so voted. The Chairman said that the W.P.A. topo project had been temporarily closed. The personnel of the Eng. Engineering Department has been reduced. Mr. Williams Dept. R. Lawton has been employed on the topo project for some time and Mr. Paxton requested the authority to hire him for three weeks at a salary of 030.00 per week. Mr. Rowse moved that Mr. Lawton be employed for a period of three weeks at 030.00 per week. Mr. Potter seconded the motion, and it was so voted. 1111 56 . • The Clerk was instructed to ask Mr. Paxton to sub- mit a report on the W.P.A. situation for the July 20th meeting. The Chairman told the Board that it would be Fence necessary to appoint a new Fence Viewer, in view of Viewer the fact that J. Bruce Lewis is no logger in the em- ploy of the Town. Mr. Rowse moved that Mr. Clayton F. Beach be ap- pointed Fence Viewer to serve until March 31, 1943. Mr. Potter seconded the motion, and it was so voted. Letter was received from Neil McIntosh offering to pay the sum of $225.00 for lot 39, Cary Avenue. Mr. Lot 39 Potter informed the Board that the Committee on the Cary Ave. Sale of Tax Title Property believed that the Town should receive $300.00 for this lot. Mr. Rowse moved that Mr. McIntosh be offered the lot for the sum of $300.00. Mr. Sarano seconded the motion, and it was so voted. The Chairman read a letter from the County Com- missioners advising that a hearing would be held on Hearing on July 28, 1942 at 10:30 A.M. on the matter of altering Maple St. the Maple Street bridge. The Clerk was instructed to bridge ask Messrs. Paxton and Cosgrove to attend the meeting. • Letter was received from Velma M. Rhoda request- Bus ticket ing that Children in the Franklin School district be children allowed to either purchase school tickets or travel at going to a reduced fare to the playground this summer. The pool Clerk was instructed to write the Middlesex & Boston Street Railway Company for their reaction to this sug- gestion. The Building Inspector's reports for the months of April, May, and June were received. The deed for sale of lots 136 and 137, Section 3 Lots Farmhuret to Alfred B. Chiacchia, 520 Waltham Street, 136-137 Lexington, was received from Mr. Wrightington. Mr. Farmhurst Sarano moved that the lots be sold and conveyed to Mr. Chiaochia, and the deed signed. Mr. Locke seconded the motion, and it was so voted. The meeting adjourned at 10:50 P.M. A true record, Attests Clerk J, I 11110s 1 564 SELECTMEN'S MEETING 4111 July 13, 1842. A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, at 4130 P.M. Chairman Giroux and Messrs. Potter, Rowse, and Sarano were present. The Clerk was also present. The members were told of this special meet- ing by the Chairman at the meeting held on July 6th. At 4130 P.M. Supt. of Public Works Paxton and Chief of Police Sullivan appeared before the Board. The Chairman told them that they were asked to come in together as a result of a meeting held last week Town between the Selectmen and Messrs. Rucker and Sands of employees the Committee on Public Safety. There has been criti- to take clam of the town employees and their activity in con- instr. in nection with civilian defense. The Selectmen told Civ. Def. Messrs. Rucker and Sands that it was not within the power of the Board to tell the town employees what they could or could not do after working hours. The Chair- man said that the Committee would like to instruct the Town employees how to act during air raids, etc. He said that the Board would appreciate it if the men in both departments would take such instruction as the Committee on Public Safety wished to give them. The 410 Committee feels that it is the responsibility of the Selectmen to see that this is done, for if anything goes wrong, the Selectmen will be to blame. Both the Chief and Mr. Paxton said that they would be glad to cooperate in the matter, and would have their men take such instruction as the Committee on Public Safety. The Chairman reminded the Board that the sum of $600.00 was allowed in the Police Department budget for the purchase of two oars, because at the time the Transfer Board thought two cars could be purchased for that amount for new plus the allowance on the old cars. Now only one car Police cars can be purchased for the $600.00. He said he believed it wise to purchase a car with the $600.00 available, and to request the Appropriation Committee to transfer $600.00 from the Reserve Fund to purchase a second ear, as next year it probably will be impossible to buy a new car. The second new one could be stored at the Public Works Building until it was necessary to use it. It was decided to discuss the matter with the Appropriation Committee when the latter next meet. Chief Sullivan retired at 4:50 P.M. .565 The Chairman said that F. K. Johnson had submitted a bid of $597.22 net on a new car. The Clerk was re- quested to ask Chief Sullivan if he requested bids of more than one concern, and if not, to ask him to get at least two more bids. Mr. Paxton informed the Board that Robert C. Merriam had requested the use of Estabrook Hall from Use of Hall 8:00 P.M. to 10:00 P.M. on July 20, 21, and 27, for Warden's meetings. Mr. Potter moved that the uses of the hall be granted free of charge. Mr. Saran() seconded the motion, and it was so voted. Mr. Paxton said that Mr. Garrity would like per- mission to build two fireplaces at the playground, one Fireplaces with a skeleton, and one without a skeleton. The Board at play- could then look at them and decide which it prefers. ground There is sufficient money in the appropriation to pay for these two. Mr. Potter moved that Mr. Garrity be granted permission to build the two fireplaces. Mr. Rowse seconded the motion, and it was so voted. Mr. Paxton informed the Board that the Addresso- graph Company had advised him that they had an addresso- Addresso- graph which the Town could have without a priority. He graph • thought , however, that the machine was one that the town would want to turn in in a few years and felt that the department should get along with the one it has until after the war. The Board had no objection. The Chairman told the Board that the Appropriation Committee had transferred the sum of $1300.00 from the Insurance Reserge Fund for War Damage Insurance. The premium on this coverage amounts to about $65.00. He asked where the Board wished to place the insurance. Mr. Rowse asked where Mr. Paxton got the valuation of the build- ings, and Paxton said that he got it from the 1935 analysis. Mr. Rowse moved that the war damage insurance be placed through Elmer A. Lord and Company. Mr. Potter seconded the motion, and it was so voted. Mr. Paxton said that today he talked with Mr. Legro of the Boston & Maine Railroad relative to the Maple Street Maple Street bridge. The Railroad would like to con- bridge tinue using the present abutments and put in new structural timbers. The present travelled way will take care of any widening we want there, but will not allow for a sidewalk on the Lowell side of the street. He wondered if the Board would want to plan for a side- walk on that side of the street. The coat probably would be assessed back on the town as a betterment. The Board thought it was best not to say anyting about future sidewalks, and that it was all right to replace the bridge as it is now. 566 The Chairman said that the street lights were to 4111 Street be left on after midnight tonight until 3t15 A.M. on lights account of the test blackout. Letter was received from the Committee on Public Safety stating that that body and Mr. Paxton had agreed Lights & to pay the sum of $5.50 per month for telephone switch- telephone board service, and $8.33 per month for electric lights. The Committee requested the Selectmen to approve the allocation of $166.00 of the money appropriated for the Committee on Public Safety to pay for these two sertices. Mr. Rowse moved that the request be granted. Mr. Saran seconded the motion, and it was so voted. Letter was received from the Committee on Public Safety requesting the use of the dressing rooms in the Cary Memorial Building for practice in relaying radio messages and having teats of various other natures per- taining to the radio system. Mr. Potter moved that the use of the rooms be granted, provided the Committee con- sulted with Mr. Paxton before using them. Mr. Saran seconded the motion, and it was so voted. Mr. Paxton informed the Board that on several occasions the Committee on Public Safety had requested Uses of the use of halls when there was not time to consult halls with the Board, and he asked how the Board widhed1111 him to handle the requests. The Board told him to use his own judgment on them. A petition signed by eleven residents of Crescent Hill Avenue requesting that improvements be made in that street was received. Mr. Paxton said that after con- Repairs struction of the drain in Haskell Street, they scraped to Crescent the road and put gravel on it, and it was in fairly Hill Ave. decent shape. Probably it is in bad condition now. He said that there was no question in his mind but that the street was in better condition after they finished than it ever had been in before. This is a private way. Mr. Rowse said that there were several other streets in town in the same condition, and if anything was done on this street, it would have to be done on other un- accepted streets. The Clerk was instructed to inform the people that they could rent the grader from the town if they so desired. Letter was received from D. F. Ross of 86 Robbins Req. for Road requesting that repairs be made to the unaccepted repairs to part of Richard and Robbins Road. The Chairman requested Robbina Rd. Mr. Paxton to tell Mr. Ross that the residents of the section could rent the grader to improve the roads if they so desired. Mr. Paxton retired at 5:10 P.M. 1111 5 ? Letter was received from the Committee on Pyblic Safety requesting approval of the allocation of $100. Food for for food and coffee at the Observation Tower to cover Tower the three month's period ending October 1, 1942. Mr. Potter moved that the request be granted. Mr. Rowse seconded the motion, and it was so voted. Letter was received from Neil McIntosh stating that his client was not willing to pay $300.00 for Lot 139 lot #139, Cary Avenue, but would pay $250.00. Mr. Cary Ave. Potter maid that the Committee on Sale of Tax Title Property felt that at least $300.00 should be obtained for the lot, and he pointed out the fact that the lot was last assessed for $500.001 Mr. Potter moved that Mr. McIntosh be advised that not less than $300.00 would be accepted for the lot . Mr. Rowse seconded the motion, and it was so voted. Letter was received from the Town Counsel advis- ing against a town official employing his wife and pay- Town Offic- ing her a salary from town funds. Mr. Rowse moved that ials employ Mr. Carroll be furnished a copy of the letter. Mr. ing wives Potter seconded the motion, and it was so voted. Letter was received from the Appropriation Com- Roy Cook's mittee advising that the salary of Deputy Chief Roy salary 4111 A. Cook had been increased $100.00 per year and not $200.00 per year. Letter was received from the Appropriation Com- mittee informing the Board that the request for a Forma for transfer of $500.00 from the Reserve Fund for the Tax Coil. purchase of forms for 1942 for the Tax Collector's Office had been refused. Application for renewal of Boarding House for Infants for Elizabeth Burton was received. Mr. Saran moved that the application be approved and License signed. Mr. Potter seconded the motion, and it was so voted. The Chairman said that the Sealer of Weights and Measures had spoken to him about his car allow- ance and the increase in cost of gasoline. Mr. Chad- Sealer's wick said that gasoline had gone up four cents a gal- allowance lon and he travels about 1,000 miles a month on town business. His car allowance for 1942 is $200.00. He wanted to know if he would be granted additional funds to meet the increased cost. Mr. Rowse said that 4h- doubtedly there were other town employees facing the 568 same problem, and he thought that the subject should be 1110 discussed with the Appropriation Committee. It was de- cided to do this. The meeting adjourned at 8120 P.M. A true record, Attest: Clerk i� v / •