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HomeMy WebLinkAbout1942-12-07SELECTMEN'S MEETING December 7, 1942 A regular meeting of the Board of Selectmen was held in the Selectmen►s Room on Monday evening, December 7, 1942, at 7:30 P.M. Chairman Giroux, Messrs. Potter, Rowse, Locke, and Sarano were present. The Clerk was also pres- ent. At 7:30 P.M. hearing was declared open upon the peti- tion of the Boston Edison Company and the New England Tele- phone and Telegraph Company for the joint location of one pole on Massachusetts Avenue opposite School Street. Mr. Potter moved that the location be approved and the order signed. Mr. Locke seconded the motion, and it was so voted. At 7:31 P.M. hearing was declared open upon the peti- tion of the Boston Edison Company and the New England Telephone and Telegraph Company for the joint location of one guy wire and anchor from a pole located on the south- westerly side of Concord Avenue, approximately twenty-five feet northwest of Shade Street. Mr. Potter moved that the location be approved and the order signed. Mr. Locke seconded the motion, and it was so voted. At 7:32 P.M. hearing was declared open upon the peti- tion of the Boston Edison Company and the New England Telephone and Telegraph Company for the joint location of a push brace from a pole located in North Street, approxi- mately 130 feet east of Lowell Street, and for the Instal- lation of a guy wire and anchor from a pole located in North Street, approximately 345 feet east of Lowell Street. Mr. Potter moved that the locations be approved and the order signed. Mr. Locke seconded the motion, and it was so voted. At 7:33 P.M. Mr. Gordon E. Eaton of 9 Calvin Street appeared before the Board. The Chairman said that he understood that Mr. Eaton wanted to know why the Select- men had denied responsibility on the Town's part for damages resulting from the accident between Mr. Eaton's car and the police car, which accident happened on Nov- ember 3, 1942. Mr. Eaton said that the estimated damage to his car was $21.50. Mr. Eaton drew a diagram showing the position of the cars at the time of the accident. He said that he had almost passed the police car when the ' driver opened the door, striking his rear fender. The 115 Pole locations Eaton accident claim 116 Chairman asked if the police car did any damage to his ' car in front of the rear fender and Mr. Eaton replied in the negative. Mr. Eaton was driving his car and did not see the police car door open at all. He said that about Muzzey Street he was proceeding in single line and travelling about fifteen miles an hour. Just beyond that point, it happened that his car and another car were abreast. Mr. Rowse wondered if Mr. Eaton would want to com- promise if the Board decided that neither party was at fault. Mr. Eaton said that he was not trying to make any money out of this, but was simply trying to get his ex- penses. The Chairman told him that the Board would talk the matter over and he retired at 7:45 P.M. After discussing the matter, upon motion of Mr. Potter, seconded by Mr. Sarano, it was voted that the bill of $21.50 be paid and charged to the Police Depart- ment -Expenses Account and that the proper release be ob- tained from Mr. Eaton. At 7:45 P.M. Mr. Frederick J. Spencer and Mr. James J. Carroll appeared before the Board. Mr. Spencer in- formed the Board that the work of listing polls was usu- ally done in January, but this year upon recommendation of Commissioner Long, the Assessors and the Board of Listing Registrars felt that the work should be done in December. polls The reason for this is that they feel it best to get the ' bills out as soon as possible in view of the fact that we will have so many taxes such as Victory tax, income tax, etc. Mr. Spencer said that $500.00 would be negded; $250.00 for the Registrars and $250.00 for the Assessors. Mr. Carroll said that the men to do the work had worked one day when it was discovered that there was no money to pay them with. The Chairman told the men that the Board would discuss the matter further and they retired at 8:00 P.M. Mr. George Emery appeared before the Board. The Chairman read a letter from Mr. Edward W. Taylor addressed to the Selectmen, reading as follows: "Answer of Edward W. Taylor, Chief of the Fire Depart- ment of the Town of Lexington to the Board of Selectmen and the Board of Fire Engineers." "I herewith respectfully submit my answer to the stated reasons of the Board of Selectmen and/or the Board of Fire Engineers of the Town of Lexington, in connection with the contemplated abolition of the office of the Chief of the Fire Department, in accordance with your notice to me of November 30, 1942. 1. The proposed action of the Board will result in the , abolishment of a necessary office now filled by a capable 117 ' and experienced officer. 2. The proposed change is a change in title and designa- tion rather than a substantial change in organization, and will result in reduced efficiency rather than increased efficiency. 3. The proper management of the Fire Department requires a Chief and Deputy Chief and the proper assignment to each of the duties of his respective office. 4. The abolishment of the office of Chief will not result in economy or decreasing the taxes to the tax payers of the Town of Lexington. 5. The contemplated action will be a nullification of the Fire vote of the people of the Town in their acceptance of the Dept. Tenure of Office Act, and no such action should be taken without their previous approval. Respectfully submitted, /s/ EDWARD 'J11. TAYLOR Chief of the Fire Department Town of Lexington A true attest copy. John C. Russell Constable of Lexington" Mr. Emery said that a similar letter had been received ' by the Board of Fire Engineers. The Clerk was instructed to acknowledge Mr. Taylor's letter and to inform him that he and his attorney would be granted a hearing on Monday evening, December 14, 1942, at 8:00 P.M. in the Selectmen's Room. Mr. Emery requested the Clerk to prepare a similar letter for the Clerk of the Board of Fire Engineers to sign. The Chairman said that yesterday Mr. Wrightington telephoned him and while he could not remember word for word what Mr. Wrightington said, the substance of the con- versation was that it would be agreeable to him if Mr. George A. McLaughlin was appointed associate counsel in this case; that he himself, Mr. Wrightington, would take no active part in it because of the condition of his health, which would not permit him to do so for some time, but that Mr. McLaughlin was free to use Mr. Wrightington's name in whatever manner was needed in this work. He pointed out that Mr. McLaughlin was an able man and familiar with this case; and that he approved of hiring him as associate counsel. The Chairman suggested that the Clerk read the above statement to Mr. Wrightington over the telephone to ascer- tain if he had quoted him correctly. The Clerk did tele- phone Mr. Wrightington and read the above statement to ' him, and he said that he approved of it. It was moved, 118 Members to Planning Board seconded, and voted that Mr. George A. McLaughlin be ap- pointed associate counsel with Mr. Wrightington in the matter of abolishing the position of "Chief of the Fire Department" now being considered by the Board of Select- men and the Board of Fire Engineers. The Chairman asked if the Board wished to have a Court stenographer here next Monday evening and they did wish to have one. The Chairman said that Mr. McLaughlin had pointed out that Mr. Francis J. Hunt of 1 Belfry Terrace, Lexington, was a Court stenographer so the Board authorized the Clerk to request Mr. Hunt to be here next Monday evening, at 8:00 P.M. to take the record of the hearing. Mr. Emery retired at 8:30 P.M. Mr. Donald E. Nickerson and Mr. Edwin B. Worthen, Jr. of the Planning Board, appeared before the Board for the purpose of electing.members to the Planning Board to fill two vacancies. The Chairman told the two men that the Selectmen would be glad to hear their suggestions. Mr. Worthen said that they recommended the appointment of Mr. Clements E. Ferguson to fill the vacancy caused by the death of Mr. Edward W. Kimball and Mr. Richard P. Cromwell to fill the vacancy caused by the resignation of Mr. Fred C. Newhall. The Chairman asked what the qualifications of the two gentlemen were. Mr. Worthen said that Mr. Ferguson was a former member of the Planning Board having served for four years. Mr. Cromwell has had no experience in planning, but he is interested in Town affairs and is very much interested in going on the Board. Also, he represents a section of the Town that has not been represented for some time -- East Lexington. Mr. Rowse moved that Clements E. Ferguson be elected to fill the unexpired term of Dir. Edward W. Kimball; which term expires on March 31, 1945, Mr. Locke seconded the motion, and it was so voted. Mr. Rowse moved that Richard P. Cromwell be elected to fill the unexpired term of Mr. Fred C. Newhall., which term expires on March 31, 1944. Mr. Locke seconded the motion, and it was so voted. Mr. Worthen and Mr. Nickerson voted in favor of both gentlemen. They retired at 9:37 P.M. At 9:40 Mr. Toras Bashian and Mr. Paxton appeared before the Board. Mr. Bashian presented a notice of taking by the County Commissioners dated 1930 in which no damages were awarded. He said that under date of December 19, 1934 his brother wrote the Selectmen a letter stating various things which he thought should be done to his property both on Massachusetts Avenue and on good Street. Mr. Bashian said that his brother was now deceased and he simply wanted the property put back into as good condition as it was before the work on the 1 119 Mr. Paxton said that the 4-H Club had requested the use of Estabrook Hall on December 18, 1942 at 8:00 P.M. Mr. Locke moved that the use of the hall be granted free of charge. Mr. Rowse seconded the motion, and it was so voted. Mr. Paxton said that Joseph Maienza would like to rent the grader to scrape Haskell Street. Mr. Sarano moved that the rental of the equipment be authorized proveded Mr. Maienza paid for the same, plus the operator's time. Mr. Rowse seconded the motion, and it was so voted. Mr. Paxton said that he had changed the hours of all the night watchmen at the Public Works Building. One man Equipment Rental street was done. He said that walls had been built on Wood Street in front of Syerts, H. Maguire's, F. Maguire's, and Holten's but not in front of the Bashian property. After his brother wrote the letter, the Selectmen said that the work would be done and some work was done on the trees which his brother supervised but when he took sick the work stopped. Mr. Rowse asked what the Town agreed to do and Toras Bashian said that his brother came to a Selectmen's meet- Bashian ing and the Selectmen agreed to do what he asked, but all they did was to start work on the walls. The Chairman said that the taking was made in 1930 and they had the right to claim damages within one year. The letter request- ing thatcertain things be done was dated 1934. The Chair- man said that Bedros Bashian may have had some agreement with someone for certain work to be done but what obliga- tion there was was simply a moral one. He pointed out that Mr. Bedros Bashian's letter written in 1934 was ad- dressed to Mr. Robert P. Trask as E.R.A. Administrator and not as a Selectman. Mr. Bashian said that Mr. T. A. Custance was on the Board at the time the taking was made and he promised him that the property would be put back into as good condition as it was before the work was done. The.Chairman told Mr. Bashian that the Selectmen would investigate the matter as thoroughly as they could and would consider it further, and advise him of their decision. Mr. Bashian retired at 8:55 P.M. The matter was held over for two weeks. Mr. Paxton said that the Lexington Minute Men wished to meet in the corridor of Cary Hall on December 16, 1942 from 8:00 P.M. to 10:00 P.M. Uses Mr. Rowse moved that the request be granted. Mr. of Locke seconded the motion, and it was so voted. halls Mr. Paxton said that the 4-H Club had requested the use of Estabrook Hall on December 18, 1942 at 8:00 P.M. Mr. Locke moved that the use of the hall be granted free of charge. Mr. Rowse seconded the motion, and it was so voted. Mr. Paxton said that Joseph Maienza would like to rent the grader to scrape Haskell Street. Mr. Sarano moved that the rental of the equipment be authorized proveded Mr. Maienza paid for the same, plus the operator's time. Mr. Rowse seconded the motion, and it was so voted. Mr. Paxton said that he had changed the hours of all the night watchmen at the Public Works Building. One man Equipment Rental 120 z now comes in at 4:30 P.M. and stays until 12:00 midnight, ' Watchmen and works about fifty-six hours a week. Mr. Paxton would P.W.Bldg. like to pay him $30.00. Mr. Saran moved that the request be granted. Mr. Locke seconded the motion, and it was so voted. Mr. Paxton said that he took the other two night watchmen off and desired to have them work into the other departments but they were so disappointed in being asked to leave the Public Works Building that they simply re- signed. Mr. Paxton said that the Rationing Board wanted to know if they could use the equipment at the W.P.A. office. Rationing Mr. Potter moved that any equipment that the W.P.A. Board has that the Rationing Board can use be turned over to the latter. Mr. Sarano seconded the motion, and it was so voted. Mr. Paxton said that he would discuss the matter with Mr. Trask. The Clerk was instructed to write each department head and ask;thejr'cooperation in cleaning up the sections in the vault belar6ging to them, this work to be completed by December 31, 1942. Letter was received from Alice Miller, who bought some lots on Oakland Avenue, asking that the rear corners ' of the lots be staked out as well as the front points. Staking Mr. Paxton said that before the Board granted any more Lots requests for the staking out of lots that t hey request an estimate of the cost first. It was decided to do this. He said that the work on the Miller lots had already been completed. Notice was received from the County Commissioners of a hearing to be held on January 5, 1943 at 2:30 P.M. in Hearings the Selectmen's Room on the laying out of Concord Avenue from the Belmont Line.to the Concord Turnpike. Notice was also received of a hearing to be held on January 5, 1943 at 2:30 P.M. in the Selectmen's Room on the abandonment of a portion of Old Shade Street. Mr. Garrity appeared before the Board to discuss budgets. In the matter of instructors, he planned to have the same get-up next year as he had this year. He.plans Garrity's to paint the swimming pool and the last time it was done budgets, it cost $317,25. He thought the cost would be the same next year. The item for water is high because it is planned.to use Town water all the time. It was the feeling of the Board that there was not much sense in acting on the budgets until after the ex- ' u penditurdt for 1942 had been received. kr. Garrity retired at 9:40 P.M. The Board discussed the Engineering and Street light- ing budgets with Mr. Paxton. Mr. Paxton retired at 10:15 P.M. -The Chairman said that the Police Department asked if the Board of Selectmen would have any objection to police officers working elsewhere on their days off. The Board had no objection provided it was all right with the Chief and provided that he knew where the men were so that he could reach them in time of an emergency. nm Police Letter was receivedfromGovernor Saltonstall offer- ing services of State Inspectors for the purpose of inves- tigating buildings to determine whether they were unsafe as far as fire exits, etc. are concerned. The Clerk was instructed to ask the Board of Fire Engineers if they would submit a report as to any places of public assembly which they consider unsafe because of the lack of necessary and proper exits. At 10:30 P.M. nine members of the Appropriation Com- mittee appeared before the Board. The Chairman told the group that the Assessors and Registrars requested a trans- fer of $500.00 for the listing of polls in December, and outlined the•reason for the request. He said that the sum of $290.00 was provided for the work this year. Both Boards approved transferring the sum of $400.00 from the Reserve Fund; $200.00 to go to the Assessors and.$200.00 to go to the Registrars of Voters. Mr. Sheldon said that the balance in the Reserve Fund at the present time was $7,421.92. The Chairman read a letter from Mr. Morae which said that $1500.00 would be needed to carry Chapter 117'through the balance of the year. It was decided to tell Mr. Morse to pay current bills from the money available and to sub- mit bills from other cities and towns to the Town Account- ant as he receives them. Both Boards then voted to make the sum of $1500.00 available from the Reserve Fund, any or all of which 3s to be released upon submission of bills from other cities and towns. Inspectio7 of Bldgs. Transfers Reserve Fund Chap. 117 The Chairman read a letter from the Town Accountant requesting the transfer of $250.00 from the Reserve Fund Transfer to the Accounting Department -Expenses Account for supplies Acett. from the Commonwealth of Massachusetts. If this bill is Dept. 122 not paid, it will be included in the State tax in 1943. Both Boardeagreed to approve the transfer. ' The Chairman read a letter from the Secretary of the Transfer Appropriation Committee requesting the transfer of $50.00 Appr. from the Reserve Fund for the Appropriation Committee - Committee Expenses Account, for supplies from the Commonwealth of Massachusetts. Both Boards approved the transfer. The Appropriation Committee retired at 10:55 P.M. Letter was received from the Committee on Public Report Safety advising that a committee had been appointed to Center consider the moving of the Lexington Report Center. Upon motion of Mr. Locke, seconded by Mr. Potter, it was voted to grant the following licenses: Abraham Alpert 22 Sylvia Street Peddler's Connors Brothers Burlington Trans. of Garbage Mass. Reformatory Concord Carroll Brothers 31 Allen Street Licenses George F. Taylor 424 Marrett Road Common Victualler's James J. Waldron 1722a Mass. Ave. Lillian M. Newlands 1775 Mass. Ave. " Joseph Trani, Inc. 1757 Mass. Ave. Package Goods Store M.W,&Sidney B. Heywood 271 Marrett Rd. Common Victualler's Lexington Theatre Sunday movies ' The fee for liquor license was discussed. The Clerk Liquor said that the fee was now $300.00 License Mr. Rowse moved that the liquor license be increased fee from $300.00 per year to $500.00 per year. Mr. Potter seconded the motion, and it was so voted. The offer of Andrew Cupp to pay $1200.00 for the Ryder Tax land on Woburn Street was discussed. It was the feeling of title land the Board that the sum of $1500.00 would have to be received. The Clerk informed the Board that Daniel J. O'Connell had never called for the deed or paid for the land on Fletcher Avenue which he agreed to purchase last August. The Clerk was instructed to tell Mr. O'Connell that unless the money was pAid and the deed delivered by December 31, 1942, that the Board would assume that the proposed sale was cancelled. Commitment of water house connections in the amount of $26.42; commitment of water miscellaneous charges in the amount of $27.00, and a list of water rates abatements in the amount of $198.66 were signed. The meeting adjourned at 11:10 P.M. ' A true record, Attest: Clerk