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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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: