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HomeMy WebLinkAbout1945-12-17 355 SELECTMEN'S MEETING December 17, 1945 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, December 17, 1945, at 7 :30 p.m. Chairman Locke, Messrs. Potter, Rowse, Sarano and Sheldon were present. The Clerk was also present. At 7 :30 p.m. Colonel Barry and Mr. Garrity, Superin- tendent of Parks and Playgrounds, appeared before the Board. Mr. Garrity said that some time ago the Board had Repair asked him to find out how much it would cost to make the Replace necessary repairs on the State flags. He said that since State that time Mr. Robert Merriam inquired as to the cost for Flags replacing or repairing these flags. Mr. and Mrs. Merriam would like to assume this responsibility in memory of their son. However, they prefer not to have any publicity. Mr. Garrity said that he obtained a figure of approximately 079, and advised Mr. Merriam of this fact. Mr. Merriam instructed Mr. Garrity to proceed to have I/ the necessary repairs made, and to have the bills presented to him and he will pay them as they come in. Mr. Sheldon moved that Mr. Garrity be authorized to comply with Mr. Merriam1S request. Mr. Potter seconded the motion, and it was so voted. Mr, Garrity retired at 7 :40 p.m. Colonel Barry said that the Munroe School had a Munroe sprinkler leakage and so far as he was able to determine Sprinkler there never has been any insurance coverage, and that his Break office has never been notified that the installation of the system had been ccnpleted. Mr. Sheldon suggested that a letter be written to all Boards or departments who have independent jurisdiction over such matters that it is their responsibility to report coverage to the Board of Selectmen. Mr. Rowse telephoned Converse Hill at his home and was informed that he had taken care of the sprinkler insurance at the Mu;iroe School and it was all right for the Town to place a claim. The Chairman instructed Colonel Barry to inform Mr. Grindle that the insurance had been taken care of, and he must present the claim and have it made payable to the Town of Lexington. Colonel Barry informed the Board that compensation Insurance insurance on Town Employees would expire January 1, 1946, on Town through the office of Elmer A. Lord & Company. Employees Mr. Sheldon moved that the policy be renewed through the same office. Mr, Rowse seconded the motion, and it was so voted. 356 GO C:1 Gay Req. Colonel Barry informed the Board that he had received Abate- a complaint from Mr. Frederick Gay, 7 Robbins Road, Lexington, ment of about 1937 water bills which he believes to be excessive. Water Colonel Barry said that a meter had been installed in Bills 1938 and removed in 1945 because it stopped running, and a new meter was installed. Mr. Gay claims that from August, 1938 until May, 1945, when the new meter was put in, the water registered was excessive. He now claims that there must have been something wrong with the meter and he desires an abatement. Colonel Barry said that he had used, from August 15, 1938 to August 8, 1945, 59,580 cu. ft. and an excess of 26,310 cu. ft. for which he paid $79.71. The excess cost the Town $21.04. Colonel Barry said that since the new meter has been installed, there has been no overage. No Action Mr. Rowse moved that no action be taken on the request for an abatement on 1937 water bills . Mr. Saran seconded the motion, and it was so voted. Crack Colonel Barry reported that there was another crack in Boiler the boiler at the Cary Memorial Building, and it will cost $110 to have it welded. Mr. Rowse asked if there was sufficient funds to pay for this item, and Colonel Barry replied in the affirmative. Colonel Barry said that he had received a request from Borrow the Hedge & Mattheis Company stating that the Public Works Sweeper Department of the Commonwealth planned to run a performance for Per- test on small sweepers at the Commonwealth Armory. Hedge & formance Mattheis would like to rent or borrow the Patrol Sweeper Test owned by the Town. of Lexington for this performance test. The company will assume any or all expenses in connection with it. Mr. Sheldon moved that the request be granted. Mr. Sarano seconded the motion, and it was so voted. ame Colonel Barry stated that it is necessary to have a or New frame built to attach to the new Autocar, and it will cost Autocar approximately $175. He said that he intended to drive the unit to Hyde Park where the frame will be made as soon as the truck is painted. The Board had no objection. Held Over Suggested policy for sick leave and time off was held over until January 14, 1946. Reduced The Chairman read a letter from Carl J. Toole of the Water Metropolitan District Commission stating that the reduced water Rates rates recommended by the Board, effective as of April 1, Approved 1946, were approved by the Commission on December 6, 1945. Colonel Barry retired at 8:10 p.m., and Mr. DanielII Lynch appeared before the Board. 357 The Chairman stated that the Board had invited Mr. Daniel Lynch to be present this evening to obtain his story as Lynch on to the type of law work he has done, and also to learn just Town how interested he might be in the position of Town Counsel. Counsel Mr. Lynch said that Mr. Rowse had called on him at his Position home two weeks ago. Mr. Lynch said that he told Mr. Rowse he had heard that there was an appointment to be made, and further heard that he had been given some consideration. He said that when he first heard this, he was not interested. However, he has thought it over. He became interested in the position largely because of the fact that he came to Lexington five years ago, purchased a home, has four children, two in the public schools, and would like to be of some service to the Town. He said that now if the position were offered to him, he would take it. Mr. Lynch said that he has been practicing since 1929, and for ten years he was connected with 1'. J. Carney, a partner of Judge McLellan. Mr. Lynch stated that he graduated fry Boston College and Boston University, and that he is now Trial Counsel forthe Sheraton Corporation and has done trial work for approximately ten years. He stated that he has no political ambition of any kind, and he does not believe that there is anything that can confront the Town of Lexington in which has not had some practice. He further stated that he has delved in Town finances. He is a member of the Federal Court, and his outfit, at the present time, is headed by himself. Mr. Lynch stated that he has as fine a law library as any law office in the City of Boston. The Chairman asked if the type of trial work Mr. Lynch practiced would be comparable to that the Town requires. Mr. Lynch said that he cou14 not think of a situation which would confront the Town in vhichuRas not had some experience. Mr. Rowse told Mr. Lynch that the amount of actual court work which the Town has is very small, but when there is trial work, it is very often most important. He said that the main, part of the work is really advisory. Mr. Rowse said that the Board has to obtain advice on Town Meeting, phrasing the Votes and the question as to the legality of the Votes. Mr. Rowse said that the Board would like to have a Town Counsel who would be able to spend a little time with the Select- men during their weekly meetings. Mr. Lynch said that he would enjoy sitting in with the Selectmen. He said that he would be at the Board' s beck and call any night or during the day. Mr. Lynch stated that his office is the Park Square Building, and he would be very happy to have the Board come up and meet there at any time. Mr. Rowse asked if the position would pay Mr. Lynch for his time. Mr. Lynch replied that he was not interested in the money, and has never inquired as to how much he would be reimbursed. 358 oc t7 Itrj He said that he felt that he should give something of what he has to the Town of Lexington, and if he is asked to put in time in excess of what the Town can pay, he will not question it. Mr. Lynch retired at 8:25 p.m., and Mr. John Lyons, Chairman of the Board of Public Welfare, appeared before the Board. Collins n Lyons said that Mr. White, Town Accountant, had Pay called nim the first of the week, and stated that James E. Collins had not qualified as a Social Worker and, therefore, he could not approve Mr. Collins' pay without authorization from the Board of Selectmen. Mr. Lyons stated that the Board of I blit Welfare had appointed Mr. Collins as Social Worker, and will ns* ask to have his appointment as a Temporary Welfare Agent approved by the Division of Civil Service. The Chairman explained that the Town has been contributing money to the Retirement System based on Mr. Collins position as Temporary Ment, and, therefore, as he understands it, Mr. Collins must return to the same position, and at U0 same rate of pay as when he left. Mr. Lyons said that he, at this time, is notifying the Board that Mr. Collins is to be paid as a Social Worker. The Chairman explained that Mr. Collins is entitled to the position which he held when he left the employ of the Town, Mr. Lyons said that he was informed by Mr. Collins that he must first be reinstated as a Social Worker. Mr. Potter explained that if he returns to the position of Social Worker, it wouldn't be consistent to pay him as a Temporary Welfare Agent. At 8:40 p.m. Mr. Raymond L. White, Tobin Accountant, appeared before the Board. Mr. White stated that he had called the State House for a ruling insofar as the Retirement System is concerned pertain- ing to returning veterans, and he was advised that those in the service must return at the same rate of pay received at the time of their entering the service, plus any increases. Mr. Lyons said that the Board of Public Welfare intended to appoint Mr. Collins a Temporary Welfare Agent, effective December 21, 1945. Mr. Rowse asked if the Board of Selectmen approve his salary as a Social Worker for two weeks, would Mr. White be satisfied. Mr. White said that he must be authorized by the Board of Selectmen before he can approve a pay roll which includes Mr. Collins . Mr. Lyons agreed to write the Board of Selectmen on the action which his Board intended to take this evening. Mr. White informed the Board that the amount needed for Old Age Assistance - Aid & Expenses for the balance of the year is $550.67. This amount is to be voted on at the Special Town Meeting. 359 The Board discussed the tobe votedon at the Snow amount S ecial Town Meeting for Snow Removal, and upon motion of Removal Mr. Rowse, seconded by Mr. Sheldon, it was voted to ask for an appropriation of $7,000 for Snow Removal. Mr. Lyons and Mr. White retired at 8:50 p.m. Mr. Alan G. Adams appeared before the Board. UNO Mr. Adams stated that he had seen several people, includ- Head- ing John Barry, relative to the location of the UNO, He said quarter. that he believed there should be an official committee to do ,some planning on what the Town wants to present, and to compile data, Mr. Rowse said that the Board could only appoint an Advisory Committee to the Selectmen. Mr. Adams retired at 9 :05 p.m., and Mr. May of the Lexington Nurseries appeared before the Board. Mr. May said that he has heard people discussing the May possibility of apartment buildings, and he would like to Apartment know what the restrictions are insofar as the property at Houses the nurseries is concerned. Nurseries The Chairman said that the entire area is zoned for single family residences which would mean a change of zoning before apartment houses could be erected, and the Chairman explained that any change in the zoning would have to be voted on by Town Meeting and must first be taken up with the Planning Board. Mr. Rowse asked if Mr. May meant regular apartment houses, he said he had in mind four-family units, Mr. May asked if the Selectmen would favor such a change, and Mr. Rowse stated that the Board could express themselves as individuals only. The Chairman told Mr. May that the Planning Board should be consulted to discuss such a project. Mr. May retired at 9 :20 p.m., and Mr. Tracy Ames, Chairman of the School Committee, appeared before the Board. New Mr. Ames said that he merely wanted to have the School Athletic Department go on record as requesting first consideration for Field the use of the Town field for athletics. He said that he would like to know what the Board's recommendations will be for the use of the field. The Chairman said that it would seem that the use of the field would be controlled by some definite restrictions. Mr. Ames said that in some Towns the athletic fields come under the jurisdiction of the Park Department or under a special committee. He said that he only wanted to ask that the School Committee be given a chance to schedule their football games. Mr. Rowse said that the Board of Selectmen could appoint an Advisory Committee, but if there is a committee to handle the field exclusively, it must be appointed by Town Meeting. Mr. Ames retired at 9 :45 p.m. 360 CC The Chairman read a letter from the Commonwealth of Establish Massachusetts, Department of Corporations and Taxation, Amounts advising that Commissioner Long had established the sum of Treasurer $47,100 as the amount not less than which the 1946 bond of & Coll'rs the Treasurer shall be written, and $50,000 as the amount Bonds not less than which the 1946 bond of the Collector of Taxes shall be written. Mr. Rowse moved that the 1946 bond of the Treasurer be established at $47 100, and the 1946 bond of the Tax Collector be established at $50,000. Mr. Sarano seconded the motion, and it was so voted. Rosendorn A letter was received from Eugene Rosendorn, 59 Fottler Offer Lots Avenue, Lexington, offering $200 for Lots 288 - 296, 294A, on Fottler 295A, 296A and 285 on Hillcrest Avenue. Avenue Mr. Potter informed the Board that the Town does not own Lots 288, 289 or 290. He recommended that the lots owned by the Town be sold for $200. The Clerk was instructed to advise Mr. Rosendorn that the Board of Selectmen would entertain an offer of $200 for the lots owned by the Town. Letter was received from Henry F. Long, Commissioner of Corporations and Taxation, inclosing a copy of Chapter 124 of the Acts of 1945 providing for a Stabilization Fund. No action was taken on the matter. A letter was received from Mrs. Pauline A. Mayo, Secretary to the Re-employment Committee for Veterans, informing the Veterans Board that the Committee has talked with and advised seven- teen veterans, some of whom have obtained jobs through the committee. Mrs . Mayo also enclosed a bill for printing forms to be used in connection with the Veterans Employment problem in the amount of $4.90. Mr. Sheldon moved that the bill be ajproved for payment and charged to the War Activities Account. Mr. Rowse seconded the motion, and it was so v oted. Two New Letter from the Board of Assessors requesting a transfer Typewriters of $291.60 for two new long-carriage typewriters was held over from the last meeting of the Board. Mr. Rowse moved that an Article be inserted in the Warrant for the Annual Town Meeting in March to request an appropriation to pay for these two machines. Mr. Sheldon seconded the motion, and it was so voted. Transfer Letter was received from Mr. White stating that the Appropri- Show ation Committee had voted to transfer the sum of $551.75 Removal from the Reserve Fund to the Snow Removal Account. This amount is to take care of bills presented by Sylvester Trudk- ing Company and Rocco Poillucci. 361 Application was received from the V.F.W. requesting the Use of use of Cary Memorial Hall on the evening of December 22, 1945) Hall for a Children's Christmas Party. Mr. Rowse moved that the use of the hall be granted free of charge. Mr. Sheldon seconded the motion, and it was so voted. Application was received from Daniel Cronin, President Use of of the Lexington Senior Class, requesting permission for the Hall use of Cary Memorial Hall on the evening of December 27, 1945) for a dance. Mr. Rowse moved that the use of the hall be granted, free of charge. Mr. Sheldon seconded the motion, arid it was so voted. Mr. Rowse informed the Board that Mrs. Brown of the V.F.W. V.F.W. Auxiliary had requested the use of Cary Hall on January 12, Aux. 194' for the installation of new members and a dance. Use of Mr. Rowse moved that the use of the hall be granted free Hall of charge. Mr. Sheldon seconded the motion, and it was so voted. The Clerk was instructed to forward Mrs. Brown an appli- cation. Bids for printing the 1945 Town Report were held over Bids from the last meeting of the Board. 1945 Upon motion of Mr. Rowse, seconded by Mr..-Sarano, it was Town voted to award the printing of the 1945 Annual Town Report Report for the Town of Lexington to the Somerville Printing Company, the lowest bidder. The Clerk informed the Board that Mr. Soucy of the F.B.I. Soucy should be notified before the end of themonthwhether or not F.B.I. the Board is in favor of sending a candidate to the Police To Send Academy in Washington. Chief Upon motion of Mr. Potter, seconded by Mr. Sarano, it was voted that the Board of Selectmen be recorded in favor of send- ing Chief John W. Rycroft to the National Police Academy in Washington. The Clerk was instructed to notify Mr. Soucy, and to advise him that final approval would be Subject to the decision of the Annual Town Meeting in March. The Clerk informed the Board that Mr. William A. Cann's Appoint term as Assessor would expire on December 31, 1945. Spencer Mr. Saran moved that Mr. Spencer be appointed an Assessor Assessor for a three-year term. IIr. Rowse seconded the motion, and it was so voted. Application for a First-Class Dealer' s License was submitted by the Mawhinney Motor Company, 581 Marrett Road, Lexington, and was held over from the last meeting of the Board. 362 op First Class Mr. Sheldon moved that the license be granted, providing Dealer's Mr. Mawhinney submits his contract to the Clerk showing that License he is an authorized dealer. Mr. Sarano secorfi ed the motion, Mawhinney and it was so voted. Selig Application was received from Lawrence J. Selig, _504 Taxi Waltham Street, Lexington, for a Public Carriage License. License Satisfactory character rarrence 6ias received from the Chief of Police, and upon motion of Mr. Sheldon, seconded by Mr. Rowse, it was voted that the license be granted. Deny Application was received from Enrico Sanseverino, 11 Taxi Lisbeth Street, Lexington, for a Public Carriage. , License The Chairman read a letter from the Chief of Police Sansever- relative to this individualb police record. ino Mr. Rowse moved that the application be denied. Mr. Sheldon seconded the motion, and it was so voted. Licenses Upon motion of Mr. Sarano, seconded by Mr. Sheldon, it was voted that the following licenses be approved: Carroll Brothers 31 Allen St. Trans. of Garbage John A. Janse 26 Greenwood St. " n " Manuel Silva State Rd. , Lincoln " " " John E. McHugh Virgina Rd. Concord " n n Kennedy Brothers 142 Winter St. , Wal. " n n i James F. Morse & Co. 66 Norfolk Ave. Rox. " n n N.E. Rendering Co. 39 Market St. , Bri. " " " Bernice H. Fogg 239 Woburn St. Lex. " " " Frank Reynolds South Rd. Bedford " " " Pattison Bros. Middlesex St. Burl. " " n Leslie J. Wood 62 Webb St. Lex. " " " Mary A. & Ernest R. Rowland 150 Lowell St. Common Victualler Mike & Christy Hallos 1715 Mass . Avenue " " ` Edgar J. Thivierge 1620 Mass. Avenue " " F.K. Johnson, Inc. 39 Bedford Street Alcohol License George F. Taylor 424 Marrett Road Common Victualler Morris Motors 400 Waltham St. 2nd Class Agent F.K. Johnson 39 Bedford St. 1st _Class Agent Violet P. Burgess 34 Fletcher Ave. Infants Boarding William Viano 1794 Mass. Ave. Sunday Movies All of the above licenses are renewals. Transfer The Clerk informed the Board that it would be necessary Request to obtain a transfer of $174.27 for the Selectmen's - Expenses Account to pay for the Special Town Meeting, and a few small bills. She also informed the Board that a bill of 43.10 had been received by the Sealer of Weights and Measures, and there was no money left in that account. Mr. Sheldon moved that the Appropriation Committee be II requested to transfer the awn of 4174.27 from the Reserve Fund to the Selectmen' s - Expenses Account. Mr. Rowse seconded the motion, and it was so voted. 363 Tir. Sheldon moved that the Appropriation Committee be requested to transfer the sum of 5j 3.10 from the Reserve Fund to the Sealer of Weights and Measures - Expenses Account. Mr. Rowse seconded the motion, and it was so voted. The Clerk informed the Board that the sum of $251.60 was Ration- needed to pay the caterer' s bill for the dinner tendered to ing Bd. the Rationing and Selective Service Boards. The Town Account- Dinner ant advised the Clerk that this bill may not be paid from the Account War Activities Account. to Be Mr. Sheldon agreed to contact Mr. Wrightington to deter- Paid From mine whether or not expenses incurred for the Rationing Board dinner could be paid from money appropriated by Town Meeting. The Chairman read a letter from Mr. Wrightington giving Legal his opinion as th the correct interpretation of Section 7 of Opinion the Zoning By-Law as applied to a corner lot. The Chairman informed the Board that John Rich had applied for a building permit to erect a two-car garage at Building the Clapp property at the corner of Merriam and Chandler 2 car Streets and Mr. Cann, Building Inspector, refused to issue Garages a permit. The Clerk was instructed to write Mr. Cann that a com- plaint had been received from Mr. Rich because he was unable to obtain a building permit, and that Mr. Wrightington had I/ given the Board an opinion on the matter which should be considered by Mr. Cann. The Board discussed the proposed "Welcome Home" celebration for April 19, 1946, and inasmuch as the 19th of April is Good Friday, Mr. Potter suggested that the celebration be deferred until June 17, 1946, rather than to include it in Holy Week. Mr. Potter moved that the "Welcome Home" celebration be held on June 17, 1946. Mr. Sheldon seconded the motion, and it was so voted. The Clerk was instructed to advise the Allied Veterans Council of this action. Upon motion of Mr. Rowse, seconded by Mr. Sheldon, it Appoint was voted to appoint the following individuals, recommended 19th April by the Allied Veterans Council, to serve as the Lexington Committee Patriots' Day Committees A. Edward Rowse, Chairman of the Stanley Hill Post No. 38, American Legion; William A. Barnes, Post No. 3007, Veterans of Foreign Wars; Julius Seltzer, Lexington Unit 32, State Guard Veterans; George E. Foster, Camp 105, Sons of Union Veterans; and James J. Carroll, Lexington Minute-Men, Inc. A true record, Attest 0 J Clerk r