HomeMy WebLinkAbout1945-12-17SELECTMEN'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
asked him to find out how much it would cost to make the
necessary repairs on the State flags. He said that since
that time Mr. Robert Merriam inquired as to the cost for
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
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. Merriamle request. Mr. Potter seconded the
motion, andit was so voted.
Mr. Garrity retired at 7:40 p.m.
Colonel Barry said that the Munroe School had a
sprinkler leakage and so far as he was able to determine
there.never has been any insurance coverage, and that his
office has never been notified that the installation of
the system had been cOnpleted.
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 Munroe 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
insurance on Town Employees
through 'the office of Elmer
Mr. Sheldon moved that
the same office. Mr. Rowse
was so voted.
the Board that compensation
would expire January 1, 1946,
A. Lord & Company.
the policy be renewed through
seconded the motion, and it
355
Repair
Replace
State
Flags
Munroe
Sprinkler
Break
Insurance
on Town
Employees
356
Gay Req.
Abate-
ment of
Water
Bills
No Action
Crack
Boiler
'Borrow
Sweeper
for Per-
formance
Test
ame
or New
Autocar
Field Over
Reduced
Water
Rates
Approved
Colonel Barry informed the Board that he had received
a complaint from Mr. Frederick. Gay, 7 Robbins Road, Lexington,
about 1937 water bills which he believes to be excessive.
Colonel Barry said that a meter had been installed in
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. -
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.
Colonel Barry reported that there was another crack in
theboilerat 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
the Hedge & Mattheis Company stating that the Public Works
Department of the Commonwealth planned to run a performance
test on small sweepers at the Commonwealth Armory. Hedge &
Mattheis would like to rent or borrow the Patrol Sweeper
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.
Colonel Barry stated that it is necessary to have a
frame built to attach to the new Autocar, and it will cost
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.
Suggested policy for sick leave and time off was held
over until January 14, 1946.
The Chairman read a letter from Carl J. Toole of the
Metropolitan District Commission stating that the reduced water
rates recommended by the Board, effective as of April 1,
1946, were approved by the Commission on December 6, 1945.
Colonel Barry retired at 8:10 p.m., and Mr. Daniel
Lynch appeared before the Bpard.
oc
a
1
The Chairman stated that the Board had invited Mr.
Lynch to be present this evening to obtain his story as
to the type of law work he has done, and also to learn just
how: interested he might be in the position of Town Counsel.
Mr. Lynch said that Mr. Rowse had called on him at his
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.
357
Daniel
Lynch on
Town
Counsel
Position
358
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 Ain Lyons said that Mr. White, Town Accountant, had
Pay called him 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 l blie Welfare had
appointed Mr. Collins as Social Worker, and willnoW 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;e. 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 payroll 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.
1
359
The Board discussed the amount to be voted on at the Snow
Special 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 0,000 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 quarters
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 apartmenthouses,
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
Establish
Amounts
Treasurer
& Coll'rs
Bonds
Rosendorn
Offer Lots
on Fottler
Avenue
Veterans
Two New
Typewriters
Transfer
Show
Removal
The Chairman read a letter from the Commonwealth of
Massachusetts, Department of Corporations and Taxation,
advising that Commissioner Long had established the sum of
$47,100 as the amount not less than which the 1946 bond of
the Treasurer shall be written, and 00,000 as the amount
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 $47t100, and the 1946 bond of the Tax Collector
be established at $50,000. Mr. Saran seconded the motion,
and it was so voted.
A letter was received from Eugene Rosendorn, 59 Fottler
Avenue, Lexington, offering $200 for Lots 288 - 296, 294A,
295A, 296A and 285 on Hillcrest 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
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 $4190.
Mr. Sheldon moved that the bill be approved for payment
and charged to the War Activities Account. Mr. Rowse seconded
the motion, and it was so v oted.
Letter from the Board of Assessors requesting a transfer
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. Mrr. Sheldon seconded the motion,
and it was so voted.
Letter was received from Mr. White stating that the Appropri-
ation Committee had voted to transfer the sum of $551.75
.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.
1
1
361
Application was received from the V.F.W. requesting the Use of
use of Cary Memorial Hall on the evening of December 22, .194501 ,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, add 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 seoonded 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. Mr. 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
First Class
Dealer's
License
Mawhinney
Selig
Taxi
License
Deny
Taxi
License
Sansever-
'ino. , -
Licenses
Transfer
Request
Mr. Sheldon moved that the license be granted, providing
Mr. Mawhinney submits his contract to the Clerk showing that
he is an authorized dealer.. Mr. Sarano seeonled the motion,
and it was so voted. -.
Application was received from Lawrence J. Selig,_504
Waltham Street, Lexington, for a Public Carriage License.
Satisfactory character reerence was received from the
Chief of Police, and upon motion of Mr. Sheldon, seconded
by Mr. Rowse, it was voted that the license be granted.
Application was received from Enrico Sanseverino, 11
Lisbeth Street, Lexington, for a Public Carriage.,
The Chairman read a letter from the Chief of Police
relative to this individualb police record.
Mr. Rowse moved that the application be denied. Mr.
Sheldon seconded the motion, and it was so voted.
Upon motion of Mr. Sarano, seconded by Mr, Sheldon,
it was voted that the following licenses be approved:
Carroll Brothers
John A. Janse
Manuel Silva
John. E. McHugh
Kennedy Brothers
James F. Morse & Co.
N.E. Rendering Co.
Bernice H. Fogg
Frank Reynolds
Pattison Bros.
_Leslie J. Wood
31 Allen St. Trans.
26 Greenwood St.
State Rd., Lincoln
Virgina Rd. Concord
142 Winter St., Wal.
66 Norfolk Ave. Rox.
39 Market St., Bri.
239 Woburn St. Lex.
South Rd. Bedford
Middlesex St. Burl.
62 Webb St. Lex.
Mary A. & Ernest R. Rowland 150 Lowell St.
1715 Mass. Avenue
1620 Mass. Avenue
39 Bedford Street
424 Marrett Road
400 Waltham.St.
39 Bedford St.
34 Fletcher Ave.
1794 Masa. Ave.
Mike & Christy Hallos
Edgar J. Thivierge
F.K. Johnson, Inc.
George F. Taylor
Morris Motors
F.K. Johnson
Violet P. Burgess
William Viano
All of the above licenses are renewals.
11
11
11
11
11
11
11
11
11
of Garbage
n n
n ` n
• n
n n
n n
n u
11 n
n 1+
u t,
n n
Common Victualler
n n
n n
Alcohol License
Common Victualler
2nd Class Agent
1st _Class Agent
Infants Boarding
Sunday Movies
The ,Clerk informed the Board that it would'be necessary
to obtain a transfer of 0174.27 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 03.10 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
requested to transfer the sum of 4174.27 from the Reserve
Fund to the Selectmen's - Expenses Account. Mr. Rowse
seconded the motion, and it was so voted.
1
Mr. Sheldon moved that the Appropriation Committee be
requested to transfer the sum of 03.10 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
needed to pay the caterer's bill for the dinner tendered to
the Rationing and Selective Service Boards-.- The Town Account-
ant advised the Clerk that this bill may not be paid from the
War Activities Account.
Mr. Sheldon agreed to contact Mr. Wrightington to deter-
mine whether or not expenses incurred for the Rationing Board
dinner could be paid from money appropriated by Town Meeting.
363
Ration-
ing Bd.
Dinner
Account
to Be
Paid Prot
The Chairman read a letter from Mr. Wrightington giving Legal
his opinion as tb. 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
the Clapp property at the corner of Merriam and Chandler
Streets and Mr. Cann, Building Inspector, refused to issue
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
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.
ir. 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.
Building
2 car
Garages
Upon motion of Mr. Rowse, seconded by Mr. Sheldon, it
was voted to appoint the following individuals, recommended
by the Allied Veterans Council, to serve as the Lexington
Patriots' Day Conmitteei
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
Appoint
19th April
Committee