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HomeMy WebLinkAbout1958-12-08-BOS-min 52 IISELECTMEN S MEETING December 8, 1958 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, December 8, 1958, at 7:30 P.M. Chairman Maloney, Messrs . James, Tucker, Adams and Mrs . Morey were present. Mr. Stevens, Town Counsel, Mr. Gayer, Superintendent of Public Works, and the Executive Clerk were also present . Upon motion duly made and seconded, it was voted to renew the following licenses: Licenses Countryside Delicatessen 321 Woburn Street Common Viet Wild Acrd Zhn 50 Perey'_Road n n The 1775 House 130 Pleasant St n n Pine Mead)ws Country Club 232 Cedar Street n n Wild Acre Inn 50 Percy Road Innkeeper Lexington Motors Inc . 34 Bedford St. 1st Class Agent I Application for renewal of a Common Victualler License wAs received from Mary A. Rowland, 150 Lowell Street. Mrs. Morey questioned renewal of this license be- cause the store is not presently in operation and ac- tion was deferred. Mrs. Morey submitted a letter from Warren Russell, requestingan application for the sale of antiques and second-had furniture, the business being conducted by Mrs . MacF rlane who rents the red barn in the rear of his propeity. Mr. e.dams said he thought a Board of Appeals per- mit had been issued and the Clerk was instructed to ob- tain furtter information. Messrs . Stevens and Gayer retired at 8:35 P.M. Chairman Donald Noyes, Mrs. Fitzgerald and Paul Palmer of the Capital Expenditures Committee met with the Board, MabelleTucker, Clerk, was also present. Capital Mr. Moyes said he was curious as to what the policy Expenditures is as to rrhat the tax rate for 1959 should be . He asked Committee if the Committee should try and maintain the present wT+. rate or if the Selectmen felt an increase is un- avoidable . The Chairman replied that the Board could answer the question better after looking at the 1959 budgets. He said he understood that the Committee was interested in knowing its position, and proceeded to read an ex- cerpt from the General By-Laws, Article XXIX, Section 2. He said that he thought the Committee was of the opinion that it took figures presented and tried to pro- jeet them ahead without making too many recommendations . He thought that, in other years, the Committee had made recommendations . He explained that discussions have been very lengthy concerning capital expenditures before Town Meeting. Mr. Noyes said that he feels the Committee has not rejected as many requests as it could have and this year it is faced with a good many requests and faced with seeing the tax rate continue to rise unless projects are pushed ahead or rejected. He said before doing that, the Committee would appreciate an expres- sion from the Selectmen as to what they think they would lily to present to Town Meeting. He said he thought it foolish for the Committee to go ahead with every request and then have them rejected by the Selectmen. Mr. James explained that the Capital Expenditures Committee, as such, does not need to consider nor should Consider tax rate . It is not within the province of the article in the by-law. He said that the by-law merely says that the Committee shall study capital expenditure projects that may be required and report, and nowhere does it indicate that tax rate shall be considered. He said the second point is that the Capital Expenditures Committee neither approves or disapproves any project. It merely makes a recommendation regarding a project to the Town Meeting. Mr. Noyes said that Mr. James was correct, but he felt the tax rate is a by-product of what the Committee does and in order to recommend or not recommend an ex- penditure, one has to take into consideration current expenditures . Mr. James explained that years ago, before the Town was as large, the Appropriation Committee did this job as well as current expenditures, then it would come up with a recommended tax rate having all the information available . He explained that neither the Appropriation Committee nor the Capital Expenditures Committee now has that responsibility. Mr. Palmer agreed with Mr. Names and said this is a big problem, and the purpose of the Committee is to provide for an orderly growth. r.,,--, ,, aa i a 1Mr. Jamas said it is based upon need. Mr. Palmer said this is to be done trying to keep a stable ;ax rate and Mr. James explained the Comit- tee ' s function is to lay out a construction program based upon the basic need of the Town. Mr. Noyes disagreed. He said if Mr. Gayer tells him he needs a drain in the meadows, he is not going to go down a d look at the drain. Mr. am®s said the Committee members would have to satisfy t emselves regarding the need, and depend upon what othe people tell them. Mrs. Fitzgerald said there was to be a Committee to spend is time in deciding how it could get every- thing nee ed without too much impact on the tax rate . Mr. James disagreed. Mrs. Fitzgerald said she did not think the com- mittee should decide what the school department needs . Mr. James said he would look at the section 2 of the artic a that defines his responsibility and before signing a report, he would have to satisfy himself that it was right. Mrs. Fitzgerald said that is an impossible job and it occurs to her every week that she will resign. She said she does not pretend to know more about the school situation than the School Committee does . She said it ' seems to ter that the most valuable function the C orn- mittee pe forms is to cull the needs of the Town for which the various departments request and to tabulate them and hen work out as best it can what the effect will be o the financial condition of thetown. She said in t e first place, it encourages the departments to think bout the next five years, to get the best forecast the Committee can and use its best judgment that this is what is needed. Mr. James said that the Committee does perform a valuable function and all he is saying is that the Com- mittee ' s ;urisdiction is not defined that way and for that reason should not be done that way. Mr. Palmer asked if the Appropriation Committee and the C&.pital Expenditures Committee could have a joint report and Mr. James replied if they have .joint recommendations. Mr. Ffoyes said the Committee would have a separate report remaining to the lines the report has taken but it will b the same size as the Appropriation Committee report. t will be at the end of the Appropriation Com- 1 mittee ' s eport so that the people will receive a copy and know hat is ahead of them. He stated that the Ap- propriati n Committee has agreed to this and to publish two repor s to be bound together. IMr. tames said that the Committee, in the last two e1e) or three years had set itself up as a long-range finan- cial committee and that is not the purpose of it accord- ing to the way the Act is written, and therefore it should not be done that way without a change in the Act. He said if the Appropriation Committee, who considers operating expenditures and this Committee that considers capital expenditures can make a joint recommendation, a joint recommendation could be made with regard to the tax rate, but neither one can do it alone with the author- ity they have . Mr. Noyes said his reason for bringing up the tax rate was that personally he thought the Town has gone far ahead with the last increase and the citizens of the Town are not ready to go ahead with another increase . He said the Committee should recommend projects that will not result in another increase . Mr. James stated that he did not think the Com- mittee ' s function was fiscal policy. Mr. Noyes said the function was to report to the Town projects presented to it as number one and number two and recommend what year they should be done . Mr. James said that is not fiscal policy, the fis- cal policy is determined by Town Meeting. The Chairman explained that while the Board would like to do more, it has been the policy to do a certain amount rather than go overboard. He referred to drain- age and said that even though the Board feels more money is needed for drainage, only a certain amount is spent each year. He said that as the Town develops, it may be that more will be needed one ye ar than another, but the policy has been to spend certain amounts each year for certain things over a period of time . He said he thought the Committee understood it would be meeting with the Selectmen more than this one evening before Town Meeting. Mr. Noyes referred to Worthen Road and said that the Committee , after receiving figures from Mr. Gayer, was within its rights recommending against spending the money. Mr. James explained that the Committee is not right in recommending against a project because it cost a certain amount of money. It would be right in recom- mending against it if it does not think it is needed at this time . He said the point he was trying to make is the case of need and not money. Mr. Noyes said that they were really talking about., the degree of need and Mr. James said that is the point he wanted to make and the tax rate has no part in it. Mr. Tucker said that is exactly what the by-law says. I i. :) j * 11 Mr. Palmer referred to Worthen Road and said it is not in the C ommittee *s province to recommend it unless there is need He said suppose the Committee says there is need but the Town Meeting does not vote for it It e n be built by the people who own the land and there is way of saving money by delaying. The Chairman explained that the only part the Board is interested in is the part owned by the Town. Mr. James explained that the figure given by Mr. Gayer was an estimate of the cost and not an estimate of the cost to the Town Mr. Noyes said the Committee would need some re- vised figures. Mr. Tames said it would be difficult to get figures beyond th3 piece across the playground because part of it, as it continues along, will be built by the developers . He said t t the Board has seen plans under considera- tion whit: carries it all across to Marrett Road. The hairman explained that it will enter some- where nea Route 2 and in the next two years if Route 2 is developed, the Town might work very fast because the State Department advises that if the Town is there, an entrance will be given but the road must be there . He said i:r there is ever going to be a road on that II side of Town, it has to be Worthen Road. Mr. .Tames said all the Committee can do with a project such as Worthen Road is to put down a figure given by Mr. Gayer and explain that some of it will be paid for by developers . Mr. Noyes said in the past, the Committee has tried to lay out for the Town the projects reported to it and if the articles are passed, they will cost so much money. He thought the Committee should act as the Ap ropriation Committee and say it will dis- approve s me of these projects as the money should not be sp nt. He said he was in favor of not having so many r commendations . Mr. ames explained that the Appropriation Com- mittee ha the responsibility and duty to predict a tax rate or the coming year. With that in hand and the C ommi .tees projected capital program in hand, the two combined should make fairly good predictions for a period of time . He said he did not think either one could do It alone . Mr. Noyes asked how theSelectmen felt about what should be listed for recreation, and the Chairman re- plied that it would help to delay the question until after the Board meets with the Recreation Committee next week„ Mr. Noyes reported that the Committee has met with the Fire Department and the large item is the m fire station for 1961. He asked if the Selectmen ac- cepted this request for a 1961 expenditure . Mr. Tucker explained that the majority of the Committee that studied this fire station last year and the year before has not been convinded of the need. He said eventually a station may be needed but he could not see it within the next two or three years . Mr. Noyes said he understands that there is no land upon which to erect the station and Mr. Tucker explained that the station could be built right at the reservoir. He said it is all plotted out and the title had been checked, and to the best of his know- ledge, a station can be built there . Mr. Noyes said that the Fire Commissioners said that, but Mr. Snow told Mr Jaquith that this land could not legally be used for this purpose ; the ac- tual fire station site so recommended could not be used. Mr. Noyes said that the Committee shoal not be recommending it on the basis that the land is or is not available . Mr. Tucker said that it would not be within the C ommitteets jurisdiction to consider whether or not this land is available ; it should be the need. Mr. Noyes said he agreed but thought the Board would like to check into it . Mr. Noyes mentioned the cars used by the Chief of Police and Chief Engineer Cook. Mrs . Morey said that item is one for the Board to handle the same as whether or not more men are needed for the departments . Mr. James said he felt these cars were expense items . The Committee retired at 9: 0 P.M. Application was received from Elwell Incorporated, 55 Massachusetts Avenue, for a Package Store License . Notice of the application is to be advertised in the License December 11, 1958 issue of the Lexington Minute-man. The Chairman read a letter from Clarence S. Walker resigning as a member of the Trustees of Pub- lic Trusts and the Bridge Charitable Fund effective Resignation December 31, 1958. The Chairman was instructed to acknowledge the letter and ask Mr. Walker if he would reconsider and establish the effective date of his resignation as March 1, 1959. Mr. Adams returned to the meeting and Mr. Stevens retired at 9:55 P. M. Joe) II The Chairman read a letter from Brewer & Lord relative to distribution of commission on the Town insurance . Upon motion duly made and seconded, it was voted to make tt;.e following changes in the list submitted Insurance by Brewer & Lord: Albert I . Carson, 3.25% to be removed from the list - retired, and no longer holds a broker' s license ; E nest E. Rogers, 1 .25% to be removed from the list - Misold his business to John F. MacNeil; lton F. Hodgdon, now 2.25% to be increased to 3.25%; abewer & Ford, now 25,00% t be increased to 27.50%. s .T Own, Jr. , now 2.25% to be increased to 3.25% Application for Certificate of Incorporation was ✓ ceived from the Secretary of State on behalf of Ctester C . Duval, 109 Massachusetts Avenue ; said corpora- t on to be under the name of Sheet Metal & Air Condi- Cert. of tioning Contractors Association of New England, Inc. Inc . Satisfactory character reference was received from the Chief of Police . Upon motion duly made and seconded, it was voted to sign the application and return it to the Secretary of State . INotice was received from the Commissioner of Corpora- t•' ons and Taxation establishing the sum of $76,200 . as the amount not less than which the 1959 bond of the Treasurer shall be written and the sum of $97,800 as the amount not, less than which the 1959 bond of the Col- Bonds lector of Taxes shall be written. Upon motion duly made and seconded, it was voted t set the sum of $76,200 . as the amount not less than w ich the 1959 bond of the Treasurer shall be written a d to set the sum of $97,800. as the amount not less t n which the 1959 bond of the Collector of Taxes shall • written. The Chairman read a letter from Kendall S. Reed, ✓ signing as an Associate Member of the Historic Die- Resignation t icts Commission. The Chairman read a letter from George P. Morey, Chairman of the Board of Retirement, advising that the salary of the Clerk to the Board had been discussed. He is one of four in the State. who is not compensated Retirement for his srvice, and Mr. Morey suggested that when Clerk the Selec men are considering his compensation as Town Accountan , the fact that he is not compensated as Clerk of the Retirement Board be noted. m Mr. Tucker asked if the Board was going to take any action relative to the parking of trucks day and night in the parking area at the old fire station site . He reported that there are also trucks being parked at the rear of Barretts ' Press . The 'hairman agreed to investigate the following items reported by members of the Board: 1. Wrecked cars parked at the rear of the new police building. 2. All night parking on Pleasant Street, necessitating children walking on the street as the sidewalk is blocked 3. Horse trailer parked on Lincoln Street opposite the dump. Mr. James referred to observance of National Engineers ' Week, usually the week of Washington's birthday, and said he has contacted Leonard Foster Committee in regard to the service group participation. Mr. James has also made arrangements for a speaker whose identity will be revealed later. Consideration is to be given to appointment of a Committee to prepare a program for observance of the week. The meeting adjourned at 14:I5 P.M. A true record, Attest. E ec tive lerk Selectten. e2 I+