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HomeMy WebLinkAbout1949-01-2458 Jurors Cost of Printing Checks Policy on Enclosed Field Recreation Committee Budget SELECTMEN'S MEETING January 24, 1949 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Build- ing on Monday evening, January 24, 1949 at 7:30 P.M. Messrs. Emery, Driscoll, Gay and Nickerson were present. The Clerk was also present. Mr. Emery servedas Chairman. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of jurors. Mr. Joseph D. Kraetzer, Insurance, 85 Meriam Street, wad drawn to serve on Civil Business, 1st session beginning March 7, 1949. Mr. Richard L.- Gordon, Boston Edison, 905 Massachusetts Avenue, was drawn to serve on Criminal Business 2nd session beginning February 14, 1949. Mr.. Carroll stated that a few weeks ago there was some question about the item of checks in the Town Treasurer's budget. He said that he has talked with Mr. Walker of the Lexington Trust Company and the bank will pay the entire cost of printing checks. This will reduce the budget $ 168.75. Mr. Carroll retired at 7:35 P.M. The Chairman reminded the Board that the Select- men were to have arrived at a definite policy with reference to the enclosed atheltic field and report to the Recreation Committee this evening. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted that the Board of Selectmen abide by the advice of the Town Counsel whereby the School Department is the only agency that can collect a fee for the use of the field. The following members of the Recreation Committee met with the Board: Chairman Gustin, Messrs, pmes, Foley, Hannah, Packard and Garrity. Mr. Gustin presented a revised budget. for 1949 and explained that it is the result of the Selectmen's request for a compromise and his Committee feels that it is the ultimate if they are going to show any results at all. He stated that it is only possible because of 59 the fact that Mr. Garrity is assisting. As far as the Director is concerned, the Committee could be hand- led on an academic basis, through Boston University, using one of their trained men who is still in school or find someone locally. He explained that the balance of the budget is more or less the same as it is now. He said that if the swimming pool is operated on the present basis the cost will be somewhat increased because of the increase in salaries. Mr. Gay asked what the attendance was at the North Lexington playground and Mr. Garrity replied that no activitieswere conducted there. He said that he thought this year he would use the center playground girl as a craft teacher to alternate between Lexington Center and East Lex- ington. ington Center and East Lox ngt n. When the craft teacher goes to East Lexington the girl in East Lexington will come up to the Center Playground. Mr. Gustin said that his committee feels that this is only a compromized proposition and that something will definitely have to be done about North Lexington, and that in about a year the Fiske School Playground will require supervision. The Chairman asked if the Committee was dissatisfied because there is noting included in the budget for the Enclosed North Lexington Playground. Mr. Gustin replied that the facilities in North Lex- Field ington are not suitable for a full program. He said that the Committee suggested purchasing the Bean property, but the Planning Board is not in favor. They recommended that the Town acquire the Johnson property adjacent to the school. The Chairman asked if the Johnson property were level enough for a baseball diamond and Mr. Garrity replied in the affirmative and said that it is small. The Chairman asked if the Committee and Mr. Garrity were willing to go along for this year, and Mr. Gustin replied that they are but strictly on a trial basis. He stated that they believe a full time director is necessary and the proper thing to do. He said that the Committee realizes the fancial problemsfacing the Town this year and therefore they are trying to compromise. Thlbhairman stated that the Committee is presenting the revised budget, or a temporary program, but it does not necessarily reflect the members ideas as to what they think is a proper program. Mr. Gustin said that was correct. The Chairman asked if the i;igure of $5,549.50 takes the place of the original figure plus other expenses and Mr. Gustin replied in the affirmative. The Chairman asked if the Committeets recommendation of the various items under Capital Outlay remain unchanged and Mr. Gustin replied in the affirmative. 1• a * 60 The Chairman said that as he rec§lls it, Mr. Paxton told the Committee that the Selectmen would give further consideration as to a policy on the enclosed field. He stated that the Board has done so and, asthe Committee knows, the Town Counsel has advised that in his opinion no town board has any authority to charge any admission to any event on the playground, either the enclosed field or unenclosed area except the School Department. mr. Hannah said that he understood that to be the Town Counsel's opinion. The Chairman explained that the Selectmen feel it would be very dangerous to embark on a policy which is contrary to his so they feel that they will go along with it. He said that the Board realized it will' be a great disappointment to the Committee and to many other people, but the Selectmen do not feel justified in disregarding the Towri Counsel's advice on the sub- jact. He said that unless the matter is reviewed again the Board's policy is that the School Department can charge admission and the money turned over to the Town Treasurer. Any other group using the field may take up voluntary contributions. He said that any group using the field should be willing to contribute to the Town Treasurer a stated percentage of the vol- untary receipts. Mr. Hannah asked if the Board has given any thought to asking the Legislature to act on this. The Chairman explained that as he remembers, the Town Counsel explained the law could be varied, but it could not in any way give the Town any authority to override the terms of the bequest under which the land was acquired. Mr. Hannah said that he understood the land was given as a playground. He said that the Statute has reference to playground use and if playground use is permitted he thought it would be within the jurisdiction of the Selectmen to charge admission. The Chairman explained that, unfortunately, as he understands the situation, this land was given by Mr. Scott who was a lawyer and his bequest tied the gift down to the Statute. The Town Counsel has advised that he doubts if the Legislature has any authority to go beyond the terms of the bequest. Mr. Nickerson said that the Town Counsel referred to the Constitution of the United States then explaining about the terms of the bequest. Mr. Gustin asked if the jurisdiction and maintenance of the field could be transferred to the School Depart- ment and let them take care of it out of their funds ° before turning the money over to the Treasurer. 61 The Chairman said that he felt sure the Town Counsel would say that they have no right to withhold any part of the receipts. Mr. Hannah said that officially t he Town Counsel would have to say that all receipts would have to be turned in and money for maintenance appropriatstd. Mr. Gustin asked if the School Committee has been informed of the decision. The Chairman said that the School Committee knows that they stand in a privileged position of being able to charge admission but the money they receive should be turned over to the Town Treasurer. The Chairman said that any money the Recreation Committee takes in would have to be turned over to the Town Treasurer. The question comes up as to what kind of an arrangement they could make letting some group use the enclosed field. He said that he assumed some agree- ment could be made whereby the group would be informed that they have no right to force anyone to pay admission but a voluntary collection could be taken and if that were done the Recreation Committee would expect 'a certain percentage of the money taken in to be turned over to the Town Treasurer. He said he thought this was something that the Committee would like to discuss further. He said that the Board has not discussed this in detail with the Town Counsel but he thought the Town Counsel inferred that this would be all right and the Board let it go at that. Mr. Nickerson said that the Selectmen were not going to discuss this with him in detail. Mr. Gustin suggested that his Committee discuss the matter further and then confer with the Board at some later date. The group retired at 8:30 P.M. Chief John W. Rycroft of the Police Department met with the Board. He explained that letters had been written to all applicants' for the position of patrolman whose names had been submitted by the Division of Civil Service. He stated that he has interviewed e number of applicants and selected five to be interviewed by the Board. The Chairman asked, in view of the fact that the Appoint - appointments must be made this evening, if the Chief had ments to formed an opinion to select two men. Police The Chief said that he doeSnot believe that any more Dept. material will be obtained, but there may be some others who will take the examination in March. He said that he has interviewed quite a few. The Chairman asked if two men were appointed would they go right to work and the Chief replied in the affir- mative. The Chairman asked if they would take the examination and the Chief replied in the affirmative. 62 The Chairman asked if they would be in if they passed the examination and the Chief replied in the affirmative. He explained that once they are appoint- ed they will be on a six months probation period. Mr. Paige Thompson, 114 Bow Street was inter- viewed by theBoard. The Chairman read a brief history of the applicant which was presented by the Chief. Mr. Thompson stated that he is now employed by the Jefferson Union Company, but is somewhat dissatisfied because his job is dirty and he is allergic to the oil. The Chairman asked why he wanted to come into the Police Department and he replied that he has always wanted to be an Officer of the Law, but never had the opportunity. The Chairman asked if he knew this might not always be a day time job and he replied in the affirmative. The Chief explained that the days)off are one in six; the base pay $49 a week to start with - $ 54.77 the max- imum. The Chairman stated that the Selectmen do not tolerate drinking in the Police Department. The Chairman inquired as to his army experience and he stated that he spent a year in Germany and was a guard for three months. The Chief explained that if the Selectmen appointed him as a temporary officer it does not mean that he would be a regular officer because he must take the examinations and in the event he failed the mental or physical he would automatically be out. He also explained that the police officers have to furnish their own uniforms which cost well over $100. Mn Thompson asked if there was any way of disposing of the uniforms and the Chief said that he has known the supplier to take them back for resale. The Chairman explained that Mr. Thompson might be giving up a position that is reasonably permanent for one that may not be permanent. Mr. Gay asked if he would be willing to accept the job as outlined and Mr. Thompson replied in the affirmative. Mr. Thompson said that he would like to know if night work would be permanent and the Chief stated that there is nothing permanent about any of the shifts. Mr. Thompson retired and Mr. James F. Corr, 9 Chirley Street met with the Board. The Chairman read his history as presented by the Chief, and asked Way he wanted to leave his present position to go into police work. Mr. Corr replied that it has always been his ambition to b ea police officer. 1 1 63 The Chairman asked if he had any police experience and he said that he had some shore patrol duty. At the present time he is a sheet metal worker. The Chairman asked if he would give up a permanent job to take a chance just because he liked police work and he replied in the affirmative. The Chairman explained that the rate of pay is $49 per week to start with a maximum of $54; one day off in six and asked if these conditions sounded satisfactory. Mr. Corr replied in the affirmative. Mr. Driscoll asked the applicant if he drank an4e replied in the negative. The Chairman explained that even though he were appointed he would have to take the Civil Service examination and Ai' he did not pass, he would then be out of work. He also stated that if he passed the mental he would then have to take a physical examination and asked if he were willing to take the risk. Mr. Corr replied in the affirmative. The Chief explained that the examination will be held in March and the marks will not be available until June; the applicant will risk Tending something over $100 for uniforms and if he would not pass the mental and physical exams he will have spent his money for nothing. Mr. Corr asked if, in the event he did not pass the examination, could he take them over and the Chief informed him that he could. He explained that prior to the war the State held examinations every two years and he thought they would continue on that basis. Mr. Corr retired at 9:10 .M. and Mr. Joseph R. Belcastro, 174 Wood Street, met with theB/ard. The Chairman read his history and asked Mr. Belcastro why he wanted to be a police officer. He replied that it offered security. At present there is always the chance of being laid off. He is a salesman with territory including Winchester, West Medford, Malden and Medford. The Chairman explained that if Mr. Belcastro took the job, gave up his present work and thaaf ailed to pass the exams, he might not have any job. He asked if he were willing to take that risk and pqr. Belcastro replied in the affirmative. The Chairman explained that the starting pay is$ 49 a week from which he would have to contribute 5% to the retirement system and that he might be working nights, days or both. The Chief said that there is always the chance of not passing the examinations. If an applicant fails the mental examination he is out and if he passes the mental but fails the physical he is also out. He further stated that the uniforms will cost well over $100 and must be paid by the officer. 64 The Chairman asked if he were appointed how soon he could come to work and Mr. Belcastro aaid that he would like to give a week's notice. Mr. Belcastro retired at 9:20 P.M. and Mr. William J. Ryan, 55 Vine Street, met with the Board. The Chairman read his history and asked what his position is with the Evergood Stores. He replied that he works as a clerk. The Chairman asked if he graduated from High School and he replied that he left for the Navy nine days before graduation, but he did receive a certificate of graduation The Chairman asked why he wanted to get into police work and he replied that he believed there is room for advancement. The Chairman asked what prompted him to attend police school and he said that when he returned from the service someone suggested that he try police school and he likes it. He said that he attends three nights a week and has been going since last January. The Chairman explained that the starting salary is $ 49,a week with a maximum of $ 54 from which he will have to contribute 5% towards his pension. He stated that the work may be either days, nights or both. He also explained that the uniforms would cost well over $100 and if the applicant failed to pass the mental or physical examinations he w uld haveent his money and then be out of work. Mr. Ryan retired at 9:25 p.M. and Mr. William G. Dooley, 10 Lisbeth Street, met with thgBoard. The Chairman read his history and asked why he desired to become a police officer. He replied that the work he is now doing will last only until spring. He is in bus- iness for himself and services oil burners. He stated that he worked at the Ford plant for six months and was laid off when it closed down. The Chairman asked if he knew that even though he were appointed he would have to take a mental and physical examination and if failed either he would be out. Mr. Dooley replied in the affirmative. The Chairman said that he might be assigned to night or day work or both and asked if he would be willing to take the risk of giving up his work. Mr. Dooley replied in the affirmative. The Chairman explained that drinking is not tolerated in the Police Department. The Chairman stated that the salary isp 49 a week to start with a maximum of $ 54 and that the uniforms will cost something over $100. Mr. Dooley retired at 9:30 P.M. Imam CIA 1 1 1 65 The Board considered all the applications and upon motion of Mr. Driscoll, seconded by Mr. Nickerson it was voted to appoint, as temporary patrolmen pending the establishment of an eligible list, JamesF. Corr, 9 Shirley Street and Paige Thompson, 114 Bow Street, effective February 7, 1949, at the rate of 49.22 per week as approved by the Division cf Civil Service. The Chief of Police retired. The Chairman read a letter from the State Department of Public Works stating that the tentative 1949 Chapter 90 allotments for Lexington are as follows: State Cunt Town Waltham Street Route 128 $10,002 00 $ 5,000 Chapter 90 maintenance 1,000 1,000 1,000 The Chairman read a letter from the School Committee advising that the Fiske School will be completed not later than June 1, 1949. The Committee requested pro- vision be made in the 1949 insurance budget to provide for the necessary coverage. Mr. Nickerson moved that the necessary insurance coverage be placed on the new Fiske School, to become effective upon acceptance of the building by the School Committee. Mr. Gay seconded the motion, and it was so voted. The Chairman read a letter from the Board of Fire Engineers referring to the Reservoir lot in the vicinity of Marrett Road. The Engineers requested that a section of this land be allocated to the Fire Department for a new station. Mr. Nickerson moved that a copy of the letter be for- warded to the Planning Board for study and recommendation.' Mr. Driscoll seconded the motion, and it was so voted. Letter was received from the Lexington Council of Parent-Teacher Associations requesting the Selectmen to take whatever action is necessary to prohibit the sale of "objectionable" comic books in Lexington. The Clerk was instructed to write the Town Counsel for advice. Fisk School Insurance Location for new Fire Station Marrett Road Letter was received from Mrs. Mary M. McDonnell stating that she fell on the sidewalk, which was not sanded, in front of the Town gffice Building and was unable to work for two weeks. She stated that she expected the Town to pay her two weeks salary. The Clerk was instructed to refer this to theTown Counsel and to give him thebackground. Sale of Comic Books Mc- Donnell Cl aii 66 Site for Legion Head- quarters Jellis house alter- ations Charles Hall Better- ment Assessment Aker's Betterment Assess- ment The Chairman read a letter from tle-Amhrican Legion referring to a communication of November about securing a parcel of land from the Town to be used as a site for construction of few Legion Headquarters. The Clerk was instructed to advise the Legion that the Selectmen have not arrived at a definite decision as to any particular location, and to explain that the Board will be extemely busy the next few weeks preparing for Town Meeting and acting on budgets. The Board would like to defer any action on this subject, if agreeable with them, until the first of April. Mr. Paxton arrived at the meeting at 10=35 P.M. The Chairman read a letter from Mr. Lindstrom in- forming the Board that he has been unable to obtain any information as to who did the plumbing work or who made the alterations on the house at 10 Sheridan Street. Mr. Emery moved that the Chairman be authorized to instruct the Building and) plumbing Inspector to handle this along the same line as the Woodis case was taken care of. Mr. Driscoll sdonded the motion, and it was so voted. Further consideration was given to Mr. Hall's sewer betterment assessment on Bertwell Road. The Town Engineer prepared a sketch entitled "Plan of Land of Charles Hall showing the area of the sewer assessment" and the Chair- man explained it to the Board. He said that Mr. Hall has sufficient area upon which to build a house at which time the sewer would be used. The Clerk was instructed to write Mr. Hall and ask him if he would be receptive to an arrangement whereby the Board of Selectmen would defer payment of the sewer betterment assessment until such time as the land or any part of it is sold; until the land or any part of it is built upon; or until such time as he avails himself of the improved facilities; interest to be paid at the rate of 4% per annum. Further consideration was given to Mr. James Aker's betterment assessment of Valley Road. The Town Engineer prepared a sketch entitled "plan of Land of James H. & Alida H. Aker showing the area of sewer assessment" and the Chairman explained it to the Board. The Clerk was instructed to advise Mr. Akerthat the "Engineering Department has determined the actual frontage of his property on Valley Road and calculated the assess- able area. The information verifies the original figure inasmuch as ,the calculated area is 40,543 square feet and the figure which he questioned was 40,500 square feet. The Selectmen, therefore, believe that the betterment assess- ment in the amount of $810 is justified. 1 67. Application was received from the Veterans of Foreign Wars for permission to use Estabrook Hall and Uses of alconference room on the evenings of February 2 and 16 Halls fbr meetings. Mr. Emery moved that the use of the hall be grant- ed free of charge. Mr. Driscoll seconded the motion, and it was so voted. Application was received from the Lexington Police Relief Association, Inc. for permission to conduct an entertainment and ball in Cary Hall on the evening of April 28, 1949. Mr. Emery moved that the use of the hall be grant- ed subject to a charge of $ 35.00. Mr. Driscoll seconded the motion, and it was so voted. Application was received from the American Legion for permission to conduct a smoker in Estabrook Hall on the evening, of February 9, 1949. Mr. Emery moved that the use of the hall be granted, free of charge. Mr. Driscoll seconded the motion, and it was so voted. Application was received from Jesse R. Meadows & Sons Junk for a Junk Collector's license. The Clerk informed the Board that Mr. Meadows had a license before the war but has not renewed it for two or three years. He would like to pay $10 and the balance of X40 in four weekly payments. Mr. Emery moved that the license be granted and Mr. Meadows be allowed to make weekly payments. Mr. Driscoll seconded the motion, and it was so voted. Bids for printing the 1948 Town Report were received and held over until the next meeting of the Board. The Clerk informed theBoard that Mr. Scott telephoned for an appointment. She was instructed to make an appoint- ment for Monday evening, January 31, 1949, at 9:00 O'clock P.M. tns3 to invite Mr. William H. Ballard to be present. The meeting adjourned at 11:45 P.M. A true record, Attest: