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HomeMy WebLinkAbout1948-09-27SELECTMEN'S MEETING Sept. 27, 1948 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, Sept. 27, 1948. There were present: Chairman Paxton, Messrs. Emery, Gay, Driscoll and Nickerson. The Clerk was also present. At 7:30 P.M. Mr. JamesJ. Carroll, Town Clerk met with the Board for the drawing of three jurors. Mr. Wilbur Locke, Advertising Agent, 6 Middle Stireet, drawn to serve on civil business. Mr. John H. Porter, Distributer, 8 Kimball Road, drawn to serve on civil business. Mr. Paul R. Snyder, 19 Bertwell Road, was drawn to serve on civil business. Mr. Carroll retired at 7:35 P.M. 525. Jurors Mr. Daniel A. Lynch,: Town Counsel, Mr. Paul Hannah, of the Recreation Committee and Mr. H. Webster Thomas, Chairman of the School Committee, met with the Board. Mr. Lynch stated that since the last meeting of this group with the Board of Selectmen he checked towns he thought comparable to Lexington. He checked Concord and the situation is exactly the same as it is in Lex- ington. Concord obtained a portion of the land used Enclosed as the enclosed field as a gift. Mr. Lynch said that Field he understands from the Board of Selectmen that if an individual desires to go into the field without paying he cannot be forced to pay. They do make a charge and most people pay it. Outside organizations are not permitted to charge admissions to the athletic field. In Winchester the School Committee permits charges for school games. No other private organization is permitted to charge admission. In the Town of Belmont no admission is charged by any outside group. A special memorial park was built in Needham next to the High School Field. They wanted to charge admission for athletic contests and the town went to the Legislature in 1930 and by a special act they are permitted to charge admission. The Legislature can give Lexington no relief because the land was a gift. Needham purchased the property. Mr. Lynch stated that with the towns of Concord, Winchester and Belmont acting as they do, his opinion remains unchanged. He said that he thinks the Town of Lexington should not 526 permit any outside organizations to charge admission to the enclosed field. Mr. Hannah said that he thought the Selectmen would be well advised to act only on the advice of the Town Counsel and not attempt to get other Counsel to give an opinion. He said that he does know this is a matter upon which there has been a good deal of debate and discussion. He said that in Newton the Town Counsel takes the view that it is all right to charge admission and the High School Athletic Association does charge, and so do outside groups that use the play - ;gr ound . He said that if ansa one wanted to pivtest and say that it is park land, and refuse to pay, it would be well to forget it. He said that the same is true with a number of other communities in this whole area. Mr. Hannah said that he thinks that the Statute is quite ambiguous and that it says the land may be used for the promotion of recreational facilities and for which ad- mission may be charged. He said that the Newton Town Coudsel is of the opinion that the use of recreational facilities by a third group, under the guidance of the group responsible for the park, constitutes a promotion by the Town. The team for which admission may be charged, not being tied down to the town charging the admission, makes it permissible for a third group to charge. Mr. Hannah said that inasmuch as Mr. Lynch has given an opinion in this matter and it represents a con- servative view toward the same, the Selectmen would be more or less "sticking their necks out" running contrary to his opinion. He said that he thinks Mr. Lynch will agree that the school can use the field for its games and charge admission and defray expenses before putting the money into the town treasury. He said that there is so much precedent for that sort of practice that he thought Mr. Lynch would agree it might be a way of handling the matter. The Chairman asked if Mr. Lynch traced down how the towns handled their receipts from their athletic activities. Mr. Lynch replied that the Town Counsel is not in a position to know and does not want to find out. He said that the Board was given to understand that Needham was a precedent, but before you can use any town, you must know exactly the circumstances and we do not know the situation in Needham. He said we do know the background as to how, when and for what purposes the City of Newton acquired the land. He explained that the town is not given the right to promote activities, but is given the right to operate and conduct. If the town operates and conducts activities it cannot permit 1 527 collecting admission on the athletic field. Mr. Lynch said that he has ruled that the High School has a right to collect admission but they have no right to withhold any monies collected. Any monies collected must be turned over to the Town Treasurer. He stated that he does not care what the School Committee does with the money collected, but the Committee is not going to do it over his signature. Mr. Gay asked if an outside organization used the field could they pass the hat and keep the take -in. Mr. Lynch replied in the affirmative. Mr. Gay asked if the American Legion wanted to run a field day would it be permissible. Mr. Lynch replied in the affirmative. Mr. Gay asked if the Legion could keep any funds that they took in and Mr. Lynch replied that they could provided the funds were taken on a voluntary basis. Mr. Emery asked if the Legion could then pay the town. Mr. Lynch replied that the town has no right to use any part of park or playground as a revenue agency. The Town could charge a fee which must be nominal. If the town starts this into a money making project the town then becomes involved in tort litigation and it is then a question for the court to decide what amount the town should receive from the orga►ization using the field. He said that the town could charge a nominal fee, that is a small license fee, possibly $5.00. The Chairman said that he was thinking of the possibility of setting aside a sum for the maintenance and improvement of the field and if an organization took in $ 5,000. he did not think that a charge of $300. would be exhorbitant. Mr. Lynch said that if the town charged anyone $300. for the right to use the field for one day the town, in his judgment, is then in business and in trouble. Mr. Emery said that he thought Mr. Lynch was right. Mr. Nickerson inquired about a voluntary charge. Mr. Lynch said then the town would have no right to disburse it. No one has any right to keep town funds. They must go through the Treasurer. Mr. Hannah said that he was told by Vincent Clarke, Town Counsel for Winchester, that the Athletic Association is the agency that makes the collections and it uses the funds to defray expenses of the teams. The money does not go into the Town Treasury. He said that the field was originally park land and transferred to the School Committee. Mr. Lynch said that he was confident Vincent Clarke would agree .that it is illegal. Mr. Gay asked what could be done in reference to the Concord game which is played on a 50-50 basis. Mr. Lynch replied that any money taken 528 becomes town funds. He said that the School Committee could turn in the net instead of the gross taken. He said that he would say that they had no right to do it and the School Committee would be better off not to ask his opinion but if they do ask his opinion he will tell them they have no right to do it. He said that if the School Committee asks the opinion in Concord they will get the same answer. The Chairman said that the Board has two courses; one is a legal course which is im- practical; or a practical solution to the problem based on what has happened to football receipts over a period of many years. Mr. Lynch said that he is not going to be a "cop". He explained that his opinion was asked and it must be what he thinks the law says. Nothing that anyone says will cause him to waver his opinion. The Chairman asked if there was any legal solution to this problem and Mr. Lynch replied in the negative. Mr. Thomas said that he believes that in quite a few towns, activities are conducted by the Athletic Associations, which are not an official town body; therefore, the proceeds are taken by them. Mr. Lynch said that this bothers him. The accounts are audited annually by the State. If an auditor came out from the state and asked if admission were charged to the enclosed field and found that it was, he would then want to know where the proceeds were. He said he could then go to the School Committee and it might prove very embarassing. Mr. Lynch said that he did not say this would happen but he said it could happend. Mr. Thomas asked what the difference would be between this problem__and the High School running a play and charging admission. Mr. Lynch said that he would suggest that the Board of Selectmen meat with the School Committee in the absence of the Town Counsel. The Chairman asked if there were any other questions. Mr. Nickerson asked what would happen if the auditors inspected the account. Mr. Lynch replied that they could order the funds restored in their entirety from the members of the School Committee. The Chairman asked if the money taken in by the Athletic Assocation was spent by them for uniforms, would the court make the Association pay. Mr. Lynch replied that the court would have no alternative. He said that if the State Auditor detected a shortage in the town funds he could make a mountain out of a mole hill, but it would look very bad. Mr. Hannah said he thought there was more doubt about the interpretation of the Statutes. He said it is permissible though it may not be correct to charge through the Athletic Association. The group retired at 8:20 P.M. ns.� 1-12 CIA 1 Mr. Ernest McDermid and Mr. Sousa of James Street met with the Board. Mr. McDermid said that Mr. Brox has all the necessary equipment in the area and the people would like to see some work done on Hillcrest Street. The Chairman explained that he realized the condition of the street was bad and the Board of Sel- ectmen would like to see it paved. However, a street can only be accepted and money appropriated after an article has been inserted in a warrant for town meet- ing action. He further stated that water would be installed before the road would be constructed. He suggested that Mr. McDermid determine whether or not the abutters would be willing to sign a petition for the construction of a water main and if so, request an estimate of the cost. Mr. Sousa said that he saw Mr. Brox and told him that he would like to have the hill scraped. The Chairman said that the only possibility of having any work done by Mr. Brox would be an agree- ment between Mr. Brox and a group of private citizens. There is nothing that the town can do at the present time. The Chairman suggested that Mr. McDermid send a letter to the Board petitioning for water and street construction. He explained that the property owners would have ten years in which to pay the betterment assessment. He suggested that action be taken by Mr. McDermid as soon as possible because it will be necessary to advertise, hold a public hearing and prepare the necessary orders. Mr. McDermid and Mr. Sousa and the Chairman retired at 8:35 P.M. and Mr. Baskin met with the Board. 529 Request for street con- struction on Hill- crest St. Mr. Baskin stated that he received the betterment assessment levied against his property on Pine Knoll Road and he still thinks the assessments are higher than he can afford to pay. Mr. Emery explained that the Selectmen thought the matter over very carefully before they did anything. Mr. Baskin said that he can't pay without losing money. Mr. Emery asked if Mr. Baskin was referring to both sides of the street or only to one side. Mr. Baskin replied that he was referring to both sides. He explained that he sold some of his Grant Street property at a loss of about 14,000. He said that he does not want to take a loss on both streets. Mr. Emery explained that from the Board's point of view they endeavored to place what they thought was a fair assessment against the property. Mr. Baskin said that there was only a 90' depth and Mr. Emery asked if there wasn't a solution to that particular problem. Mr. Baskin replied that he could go to the Board of Appeals but it was a long drawn out process and he doesn't intend to do so. Mr. Emery asked if Mr. Baskin had thought over 530 Baskin Betterment Assessment Sewer Pipe Purchased the entire assessment since he received the bill. Mr. Baskin replied in the affirmative and said he knows he cannot get out from under it. Mr. Emery asked if he felt the betterments that the Board has indicated as accrued to the land are too great and Mr. Baskin replied in the affirmative. He stated that he does not feel that the land has benefited to the extent of the cost. Mr. Emery asked if Mr. Baskin's ideas and the Board's ideas are very far apart. Mr. Baskin replied that there is at least a thousand dollars. He said that his idea is $ 2,500 but $ 2,600 would be all right. The Chairman returned to the meeting. Mr. Nibkerson asked if Mr. Baskin made money on all of his transactions and he replied in the negative. Mr. Nicker- son said he thought that Mr. Baskin might get caught once in a while and it is the average he should look at. Mr. Gay asked if Mr. Baskin knew the depth of the land when he purchased it. Mr. Baskin replied that he did know but he did not know that he would have to build a street. Mr. Emery asked if the Board would give Mr. Baskin an answer not later than two weeks would it be satisfactory. Mr. Baskin said he would like to know sooner. He retired et 9:00 P.M. The Chairman asked if the Board wished to'look this over again. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted not to make any change in the betterment assess- ment levied against Mr. Baskin for the construction of Pine Knoll Road.' Mr. DeFoe met with the Board at 9;07 P.M. A letter was received from the County Commissionersstating that the Commissioner of the State Department of Public Works and the County Commissioners will mett on Thursday, October 7th, for a discussion of matters pertaining to public roads. The Chairman suggested that an appropriation of $10,000. be requested for Grove Street construction and possibly $ 2,000. for Chapter 90 Maintenance. Mr. DeFoe requested permission to purchase one car of 8" sewer pipe and informed the Board that he had received a bid of 43/ from Waldo Bros. and 44.1/ from the Lexington Lumber Company. Mr. DeFoe explained that Waldo Bros. took care of his requirements very well when sewer pipe was scarce, and he also reminddd the Board that the last carload was purchased from the Lexington Lumber Company. Mr. Nibkerson moved that the order be placed with the low bidder. Mr. Emery seconded the motion, and it was so voted. 1 531 Mr. DeFoe requested permission to purchase 10,000 feet of copper tubing. He explained that he had previously purchased 10,000 feet and that two weeks ago he had used 6,000 feet. One hundred forty-five (145) services have Furchas' been installed since July first. Mr. Driscoll moved Copper that the Superintendent be authorized to purchase 10,000 Tubing feet of copper tubbing from the Red Head Mfg. Co. who submitted the lowest bid. Mr. DeFoe stated that some time ago F. K. Johnson mentioned widening the sidewalk in front of his garage. Now he has some to Mr. DeFoe and wants to widen the two ramps. Mr. DeFoe presented a sketch and explained what Mr. Johnson wanted to do. The Chairman asked how the Widening members of the Board felt about Mr. Johnson's request. of Mr. Gay asked how the Chairman felt about it. The approach - Chairman replied that he is opposed to it. He explained es that he does not like to see garages and filling stationsJohnson occupy wide strips of sidewalks. Mr. Emery asked what Garage Mr. Johnson claimed that this would do for him and Mr. Denied DeFoe replied that it would be easier access to the garage. Mr. Emery moved that Mr. Johnson be advised that his request has been denied due to the fact that the Selectmen are of the opinion that the proposed widening would make the situation more dangerous than_ it is at the present time. Mr. Gay seconded the motion, and it was so voted. Mr. DeFoe requested permission to increase Mr. Burn's salary to the amount set up in the budget and Increase approved by Town Meeting. He informed the Board that Mr. Burna Mr. Burns has done very well and he believes is entitled Salary to the full amount. Mr. Emery moved that Mr. Burns' salary be increased to the rate of $4,500., effective October 1, 1948. Mr. Nickerson seconded the motion, and it was so voted. The Chairman read a letter from the N. E. Tel. & Tel. requesting permission to place and maintain four (4) poles and one guywire with the necessary wires to provide telephone and electric services to the new Fiske School. Service The Chairman explained that Mr. Grindle, Supt. of to Schools, has discussed this with the architect, who Fiske prefers to have the wires and cables placed undergound! School but this may cost too much. He stated that the architect is going to check with the engineer. The Chairman said that this is a problem for the School Committee and should be paid for out of the School Committee Budget. He said he does not 532 see why the Selectmen should grant permission because it is on school property. The Clerk was instructed to advise the Telephone Company that the request is being considered and as soon as a decision has been reached they will be so advised. A letter was received from Mrs. T. Worrington, 27 Circle Road, requesting the installation of street lights. Mr. DeFoe reported that there are six or Street light seven poles going in on this particular street and Request to light it would require three lights. The Clerk Denied was instructed to advise Mrs. Worrington it is impossible for the Board to do anything for her at the present time. Mr. Gay seconded the motion, and it was so voted. The Chairman read a letter from the Bedford Airport stating that the Air Material Command of the Air Force is installing within the Army premises a high pressure Water and secret installation of considerable magnitude. The Meter at machinery and bearings will involve, .for cooling purposes, Airport a water supply. of approximately 50,000 cubic feet per month and it is possible that it may run more. The Airport would like an agreement with the Town of Lex- ington whereby the Town will sub -meter the water and bill the Army direct. The Chairman said he did not believe the town should pay anything for the meter but merely read it and send a separate bill -to the U. S. Army. Mr. Emery moved that the Airport be advised that the Board of Selectmen voted to read the meter, make the necessary deductions, and bill the Army providing the meter is installed by the Airport. Mr. Gay seconded the motion., and. it was so voted. App*t. •To Police - Sergeant. Held Over Mr. DeFoe retired at 9:57 P.M. A letter was received from the Division of Civil Service to which was attached the results of the exam- inations held on July 30 for police sergeant. Officer Knapp received a rating of 80.01% and Officer Russell received a rating of 76.35%. Mr. Gay asked if Officer Knapp's.request for retirement under physical dis- ability would be a possibility for not appointing the high man. Mr. Emery asked how the Chief felt about it. The Chairman said that the Chief has not committed himself but he is at home if the Board w hhed to discuss this with him. Mr.. Gay suggested that the Chief be asked who he would prefer. Mr. Driscoll said he did not think the Chief would commit himself and that it was up to the Board to make the appointment. 1 533 Mr. Emery said he thought it might be a good idea to call the Chief. The Chairman telephoned Chief Rycroft. He then reported to the Board that the Chief informed him that there is a possibility of Officer Knapp having a recurrence of the gout. Mr. Emery suggested that the appointment be hale up for one week and that the Clerk bring in the report of the medical panel submitted at the time Officer Knapp requested retirement. The Chairman read a letter from the Town Counsel stating that it is his opinion that the teaching of Zoning piano is definitely a business and that such an activity Reg. cannot be carried on in a R1 district. He stated that Legal the use of the premises in a R1 residential zone with Opinion the permission of the Board of Appeals for the teaching of piano, would not be contrary to the Zoning Laws. A letter was received from Mrs. Carl A. Brown requesting permission to place collars on the electric Request light poles during the Greater Boston Community Chest Campaign from October 25 to November 24. Mr. Emery moved the request be granted. Mr. Nickerson seconded the motion, and it was so voted. A letter was received from the American Legion requesting permission to conduct a banquet in Cary Uses Hall on November llth. The Chairman explained that Hall this is one of the free uses granted to the Legion by Town Meeting vote. Mr. Emery moved that the request be approved and the use of the hall granted. Mr. Gay seconded the motion, and it was so voted. The watrant for the special town meeting to be held on October 18, 1948, which was checked by a majority of the Board of Selectmen and the Town Counsel was signed by the Board. November 15, 1948, was determined by the Board to be the date upon which all budgets for 1949 are to be submitted. An application was received from the War Parents of America requesting permission to conduct a business meeting in Estabrook Hall on Tuesday evening, October 5th, from 8:00 to 10:00 P.M. Mr. Emery moved that the use of the hall be granted free of charge. Mr. Gay seconded the motion, and it was so voted. of Sign Warrant , for town Meeting I Budget daty set UE a of Hall 534 Bids were received for printing the annual town report of the Town of Lexington for the year 1947, as follows: Fleming & Son 100 School Committee & ficcountant's reports Somerville Printing Co. 100 School Committee & Accountant's reports Rapid Service Press 100 Copies School Report - 100 Copies Accountant's Rep. Adams Press, Inc. 100 Copies School Report 100 Copies Accountant's Rep. $ 4.40 per page 90.00 2.48 per page 1.10 per page $ 5.21 per page 2.85 per page 2.52 per page 4.24 per page 64.25 58.75 Upon motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted to accept the bid of the Adams Press, Inc. The meeting adjourned at 10:50 P.M. A true copy, Attest: �r le , electmen. 1