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HomeMy WebLinkAbout1935-03-05 332 CD SELECTMEN'S MEETING 111 MARCH 5, 1935. A regular meeting of the Selectmen was held in the Selectmen's Room, Town Office Building, at 7:30 P. M. Messrs. Ferguson, Trask, Gilcremt, Lyons and Potter wwre present. The Clerk was also present. The Board organized with Charles E. Ferguson as Chairman. Letter was received from the East Lexington Ments April 19th. Club in which it was stated that they approve of the ap- propriation of $750.00 for the April 19th celebration. Garbage Permit was issued to M. Fitzpatrick of Erie and Waverly Streets, Cambridge, to haul garbage in the Town of Lexington. Supplemental report was signed for the incorporators of the Minute Man Sportsman's Club in additon to the report previously signed in regard to Howard Fisk;, The incorporators are as follows: George Smith, 14 Grant Street Minute Man Gordon Robinson 80 Hancock Street Sportsman 's George M. Hynes 50 Locust Avenue Club, Inc. Roy B. MacLean Center Street James F. Donnellan 40 Cottage Street Richard S. McCabe, 33 Hancock Street Statement was received from the Chief of Pollee that all of these residents had never been convicted for any violation of the liwuor law or for any other criminal of- fense. Letter was received from the Town Counsel in which he gave further instructions in regard to the removal of MacDonald the MacDonald shack on Freemont Street, that the men':who Shack. took part in the removal of the shack all sign a written memorandum of exactly what they do and the date they do it, the same to be filed with the papers in the case. Letter was received from the Town Counsel in reply to the Board's request for information relative to water liens that there is no reason why liens could not be re- Water Liens. corded against property as many times as necessary. He stated that General Laws, Chapter 40, section 42D re- quires the Tax Collector to add the unpaid amounts to the tax bill so that it would be included in the amount for which the property is sold for taxes. It could not, how- ever, be credited to the receipts of the Water Dept. but would have to go into the general funds. He stated that 33.3 if the amount for which the property is sold is over $500. the proceeds must be applied in payment of indebtedness in- curred in acquiring the land or used for purposes for which a town can borrow for ten years or more, General Laws Chapter 44, section 63 being reference to same. Highway betterment assessments on Valley Road against Cora W. Dempsey in the amount of $40.89, Jas . A. and Mar- garet IT. Aker in the amount of $177.90 and Anna E. Rardin Valley in the amount of $39.83, making a total of $258.62, were Road. abated by the Board owing to the fact that full release for claims for damages had been received and agreement by the Board to abate the betterment . Letter was received from Ernest Kitson, 14 Curve Street in which he called attention to the condition in front of the First National Store , formerly Harrod's Store, on Mass . Avenue opposite Pleasant Street in East Lexington where there is no curbing set along the pro- perty and motorists drive on to the sidewalk and park their cars. He stated that several times he had found Curbing cars parked directly on the sidewalk in front of the en- on Mass. trance and when the patrons of the store walk in back of Avenue. the car, it causes a dangerous condition. He stated that there was also a bus stop at that location. The Board discussed the matter and felt that if a curb stone was installed from the present curbing to the hydrant in front of the Stone property leaving a place for a driveway to the store that it would remedy the condition. The Supti of Public Works stated that the distance would be approximately 100 feet and wouldaost about $150. It was voted to authorize the Supt. of Public Works to have the curbing installed. Request was received for a street light at the cor- ner of Robbins Road and Plymouth Road from Mrs. Harold S. Liddick of 12 Plymouth Road. By vote of the Town Street Meeting, Oct. 31, 1932, authorization was given for the Lights, , �ry installation of street lights in Plymouth Road but not Plymouth in Robbing Road Road. Supt. of Public Works reported that he visited the location and there was very great need for lights there and he recommended that two lights be installed on Plymouth Road. It was voted to accept the recommendation of the Supt. and authorize him to install the lights . A certificate of the census as taken by the Asst. Assessor, showing the total census for 1935 being 10,797, was received from Frederick J. Spencer, Secretary of the Census:.. Board of Assessors . A certificate that the enumeration was truthfully made and comrlete returns were forwarded March 6th, 1935 334 to the Secretary of the Commonwealth by express pre-paid, was signed by the Board of Selectmen. In reference to the request of Thomas C. Wright to purchase the Cahir land on Grove Street, the Clerk report- ed having talked with Mr. McMenimen, State Accountant, Tax Title and he stated that it was not necessary to hold a hearing Land. or to advertise any property taken by foreclosure of tax titles which the Selectmen desire to sell and that if the town votes authority to sell this land they may sell it in any manner they desire. Letter was received from Joseph L. Dahlstrom, 32 Chase Avenue, in which he called attention to the acci- dent of his son, Roy J. Dahlstrom, who was killed on Tucker Avenue on February 10, 1935. He felt that if the Dahlstrom snow had been removed before instead of afterwards, that Accident. the tragedy might not have occured. The Police report in regard to the accident was read by the Board. It was felt as there was no negligence on the part of the town, no action could be taken. It was voted to request the Chairman to send a let- ter of sympathy to Mr. Dahlstrom, but to express the fact that the Town was not liable . An agreement was received from the Town Counsel signed by Andrew N. and Ruth M. Haskell in reference to Haskell the installation of the water to their to their house Case. on Brandon Street . It was decided to hand a copy of the agreement to the Supt. of the Water and Sewer Dept. with instructions for him to proceed in accordance with the agreement. Letter w is received from the Building Insz:ector in which he enclosed copy of registered letter he sent to Mr. Gillingham in reference to removing an addition to Gillingham his henhouse. He stated in the letter than Mr. Gillinham Case. vias an iron worker by trade but had been unemployed for some time and was trying to get assistance for his wife and three children by the sale of poultry products. The Board felt that they were not in favor of per- sons going ahead without permits but no action was taken. Memorandum was received from the Town Accountant in which he called attention to the balance of 8202.03 for unappropriated sidewalk assessments, one against Pichette and Ahearn for $153.95 and the other against Lennon and Sidewalk Baker in the amount of $48.08. The charges were placed Assessment. on the books December 26, 1928. The Clerk reported that a part of the bill against Lennon and Baker had been collected from them but there had been no lien against either property and therefor there was no legal liability on the part of the persons to pay the bill. 335 It was decided to refer the bills to the Town Coun- sel to write a letter to the parties in reference to the bills and endeavor to collect them and if they could not be collected to abate them. In reference to the salary of George Harringtop the Board expressed the opinion that the salary should remain at $25. No specific vote was taken by the Board on the Harrington matter and it was therefor brought up for consideration Salary. again. It was decided to request Mr. Ross to give his opin- ion as to the salary he felt Harrington should receive. Mr. Lyons reported that he informed Robert Whitney in regard to the matter of appraisal as discussed by the Board and he informed Whitney also that he could see the appraisals previously made in 1931 on the Town pro- perty so that he could give further information to the Insurance. Board. Mr. Lyons suggested that both Mr. Whitney and Mr. Hill come before the Board and discuss the matter, but the Board did not feel that this was the proper manner in which to discuss the matter. It was therefor decided to have Mr. Whitney come before the Board himself at the meeting next Tuesday evening. Richard Whittemore was drawn as a juror for service in Superior Court, criminal business, the first Monday Juror. in April. Memorandum was received from the Town Accountant giving the informationthat on March 28 a note was due and payable in the amount of $175,000. He suggested that 150,000. would be sufficient to cover the requirements Revenue unless the Board deemed it advisable to borrow a larger Loan. amount on account of the present low rate of interest. He suggested that the loan be not over $200,000. and that it would be repaid on November 25th. The Board voted to authorize the Treasurer to secure bids on a loan of $150,000. payable November 25th, same to be presented at the next meeting of the Board. Mr. Paul B. Cowdrey of 27 Stedman Road came before the Board in reference to thero osition to stimulate p A business under the Federal Housing Plan. Mr. Cowdrey Mr. Cowdrey stated that he was employed with the re stimula- U.S. Chamber of Commerce in Washington and that he had no tion of personal interest in the matter except to stimulate busi- business. ness. He stated that he understood that there was. a meet- ' ing of persons interested in Federal Housing and that Mr. Theodore Custance was Chairman of the Committee to endeavor to stimulate business in the town. He stated that the g su estin g� n was made to have E.R.A. workers make a house to house canvas, and to his mind the E.R.A. 336 CD workers were not salesmen and he did not believe that they would get anywhere . He stated that he felt a questionnaire, similar to that sent out by the Lexing- ton Lumber Co., was the sort of thing to have filled out andhe suggested that a group of people in the town, possibly a committee of twenty-five men, would see their neighbors and get them to fill out such a form and also agree to spend a certain sum of money, possibly $100. or more, and if 500 people in the town would agree to do likewise, it would mean an expenditure of $50,000. He felt that there were over 2500 homes in the town and the Government has done considerable for the laboring class of people under E.R.A. but nothing has been done for people in the building industry. He stated that the Government would guarantee up to 20% of the money for the work, this to be done through a loan from the bank. He stated that he spent a half day today seeing different persons and they all seemed to be in favor of the plan. He talked with Mr. Trask, Mr. Walker at the bank, Mr. Custance, Mr. Smith at the Lumber Company, Mr. Edward H. Mara, Edmund A. Webb, Thomas S. Grindle and Mr. Warren. The Board felt that it might be possible that a com- mittee of names as suggested by Mr. Cowdrey would be willing to act as a committee but they did not think that the same men would go out and solicit people to sign up to spend $100. They felt that it was more or less a mat- ter for the Board of Trade rather than the Board of Selectmen. Mr. Cowdrey, however, felt that if the Select- men should sponsor it perhaps others would become inter- ested. The Board agreed that the plan was a very good one and voted to request the Chairman to write a letter to the Board of Trade incorporating the paln as suggested by Mr. Cowdrey and also to write to the Rotary Club. Mr. Cowdrey left with the Board a list of names that he had written down of persons that he though would be interested in forming a comrittee and also persons who he thought would be willing to solicit from their neigh- bors an agreement to spend $100. for repairs providing 500 others did likewise. Mr. Lyons called the attention of the Supt. of Pub- lic Works to the condition of Pleasant Street and Mr. Potter called attention to the condition of Concord Ave. Highways. and the view was expressed that the State should do some- thing to fix up these highways owing to the fact that they detoured the traffic when the new Concord Avenue highway was being constructed. Mr. Lyons called attention also to two holes in front of his house on Mass. Avenue that he felt should be patch- ed. Mr. Trask called attention to the fact that he wrote a letter to the Senator and Representatives in regard to 337 House Bill 526 which proposed to shut off water for non- payment of rates . He requested the Senator and Repre- House Bill sentativea to oppose the bill. #526. The Board approved the action of Mr. Trask in send- ing this letter. The Board discussed the matter of the appointment of a Board of Assessors. John Valentine,whose term expires March, .1935, resigned and it will therefor be necessary to fill the vacancy, and the term of Arthur Earle also expires in 1935. Mr. William G. Potter, newly elected member of the Board of Selectmen, was appointed to the Board of Assessors for the term ending March, 1937. The name of William Burnham was suggested by Mr. Potter as a man to represent the farming interests. The Chairman was authorized to contact Mr Burnham to see whether or not he would be willing to serve. Assessors. Other names that were suarested were William E. Chamberlain, to represent Lexington Center and a man of ability who had time to spend on the duties of an asses- , sor; Frank E. Hudson, to represent East Lexington inter:. eats as it was felt he would be a good man to work for the Board. Frank Bignotti was also suggested as a man to represent the East Lexington interests and Eugene Morgan, who is an architect, was also suggested. It was decided to lay the matter on the table , however, until the next meeting of the Board. A representative of Eugene B. Hamilton came before the Board with a proposed plan showing the lotting of Lexington Park on street formerly approved by the Board of Survey under date of March 7,1933. Letter from Mr. Lexington Hamilton was presented stating tht the Building Inspec- Lotting tor desired to have him come before the Board to have Plan. the layout approved. It was decided to obtain information from the Town Counsel in regard to the matter before taking any action. Bill in the amount of $43.52 for office supplies was presented by Mr. Trask and attention was called to the fact that this was not included in the budget for Bills. the Highway Dept . and it was felt that the Supt. of Streets and the Supt . of Public Works should not pur- chase supplies not included in the estimate for 1935 that was approved by the Appropriation Committee. It was therefor voted to notify both superintendents that such practice would not be tolerated. The Clerk called attention to the fact that the By-- laws statte that the names of Town Meeting Members shall Town Meeting be checked at the entrance to the Cary Memorial Hall and Member Cards, seats reserved for Town Meeting Members and Mr. Lyons stat- 338 csi rx, c CD ed that in the new By-laws It' vas intended that the cards. previously used were to be done away with. There was no provision. stating that the cards hsould not be used in the By-laws, and the Clerk desired instructions as to whether or not the Board desired to use the cards. It was voted to do away with the card system formerly used and to simply have the check lists. Letter was received from Nelson B. Crosby relative to House Bills #1485 and #1279 relating to the addition to the Middlesex County Sanatorium. He stated that the House Bills. House Bill 1589 will eventually carry a referendum by the voters; of Cambridge and that meanwhile it would seem desirable to proceed with an addition at Waltham providing a substantial sum could be obtained from the Federal Gov- ernment and he was entirely in accord with the Board's suggestion of approving the House Bills. Opinion was received from Town Counsel in reference to the question of a kennel license on the Aldrich pro- perty. Statute 1934, Chapter 320, section 3, provides for kennel licenses and is not confined to kennels used- for business pi.rposes. In his opinion he felt that a kennel license should be issued by the Town Clerk under Kennel the law and that under the Zoning Law the parties would License be entitled to raise domestic or other animals and he Aldrich felt that the kennels could be established unless they Property. become a nuisance by reaon of noise or otherwise. This opinion was req•iested by the Chairman of the Board owing to the fact that the kennels at the Aldrich property own- ed by the Ryders was being used to house racing grey- hounds. Report of examination of Anthony Cataldo, 47 Riddge T. B. Ave. , at the Middlesex County Sanatorium was received. Report. There was no evidence of pulmonary tuberculosis. Letter was received from the State Dept. of Public Health in which they advised the Board that owing to the number of requests for analysis of water from private Water wells, in the future when An investigation is requested Tests. for a private well and the Board suspects pollution may cause sickness or affect the public health, a request must be sent to the Health Officer and after he makes the preliminary inspection, if in his opinion a second examination is necessary, the department will be noti- fied and one of the engineers will make a study of the situation. All other req'iests for examination of pri- vate wells should be made directly to private chemists. Opinion was received from the Town Counsel in re€- erence to liability and property damage insurance on 339 motor vehicles. He gave several references in regard to Court decisions and stated that the only way to judge legal costs is to check up the claims handled by the insurance company over a period of years and compete it with his bills in such cases where there was no insur- ance. He stated that under the compulsory motor vehicle insurance act, the town is not obliged to carry insur- ance on the vehicles it owns or on vehicles it does not own but uses in its Police, Fire and Park departments un- der some arrangement with the owner. He stated that if 'the town does carry insurance it protects the driver as well as the town. Under Chapter 40, General Laws, sec- tion 3, Acts of 1933 is extended to other vehicles be- sides motor vehicles and not confined to vehicles owned by the town and. covers liability of the employee to pay damages as well as his expenses and counsel fees and is confined to personal injuries and not property damage and is limited to $5000. Statute 1934, Chapter 291, is con- fined to the indemnity where there is no insurance and is broad enough to cover property damage up to $1000. The Clerk reported that the State Accountant, Arthur McMenimen, stated that the town could not provide the Liability property damage under the present law owing to the fact and pro- that the law allows the state and county to carry pro- perty dam- perty damage insurance but did not include towns. It age Insur- e is understood, however, that an act is proposed at the ante. present time to include towns . The Board discussed the matter and Mr. Lyons ex- pressed the thought that he felt it was a case of weigh- ing the cost of carrying insurance with the cost of pro- tecting the town in case of suit for damages which might arise out of an accident caused by a town employee to protect particularly the interests of the employee to protect particularly the interests of the employee and whatever property he may own. The present policy was issued in August and the question now arises onthe en- dorsement of the policy to covOr the &lice car and pick- up body car which has just been purchased for the High- wqr Department. It was finally voted to endorse the policy cover- ing both of these cars for liability insurance not to exceed $5000. and not to include property damage. The Clerk called attention to the fact that a tele- phone message was received from William E. Mulliken in which he expressed the thoughlthat a committee in charge April 19th. of the April 19th celebration comprising the Allied Veterans Council would not be a citizens committee. Commitment of water liens was signed by the Board as follows: Commitment. Lillian M. Grassby $16.80. 340 con CD Mr. Mitchell appeared before the Board and report- ed in regard to John J. Kelley who has been receiving $12. per week on E.R.A. and who has been allowed through the winter $3.00 to $4.00 per week under welfare for coal, that his son who works at the Economy Store re- Kelley ceives $15. per week rather than $6. per week which was Case. originally reported as having been received from the boy. The rent for the family is $25. per month and Mrs . Kelley works one day a week. In addition they are endeavoring to pay the babk bill for rent to Mr. Viano. He stated that the income of the family now was $28.75 per week. The Board felt that if the boy obtains $15.00 per week he should not be allowed to keep all but $6.00 latim.- self and it was therefor voted to cut down his allowgnce of $20. for the rent to $10. Mr. Mitchell reported that John Amato of Pleasant Amato. Street was a State case and has a wife and three small children. He recommended that he be given $3.00 per week and the Board so voted. Luther Thompson who lives at the corner of Lowell and North Streets has a wife and three children and Thompson. has been working until two weeks ago since last Septem- ber on construction work. He was now in need of assis- tance and Mr. Mitchell recommended that he be given $10. per week and it was so voted. In regard to Harry Green who was receiving $12.00 per week on E.R.A. , now living at 26 Bedford Street, and the question of the payment of rent of which Mr. Green is Green. back in payments of two months, Mr. Mitchell recommended an increase of $3.00. per week and coal for the month of March owing to the fact that Mrs . Green is ill at the present time, and the Board so voted. William G. Collins , the mover, who lives in the Cen- tral Block,has athlete 's foot on the hands as diagnosed by the hospital. This is a Soldiers ' Relief Case with a Collins. settlement in Lexington. According to the schedule, he should have $18. per week. Mr. Mitchell recommended giv- ing him $15. per week for two or three weeksuntil he can get back to work at the garage where he earns $18. per week. Santos- In reference to the case of Benjamin Santosuosso of. uosso. Bow Street, Mr. Trask stated that he would place him. on E.R.A. Harris. Mr. Mitchell reported that Gilbert Harris would be in no further need of aid as he was going to work. ' 341 Application was received from Ellen MacDonald, 9 Grant Place who" lives with her mother. Show as former- ly employed by Partridge 's Food Shop and was recommend- ed by Mr. Partridge but he now can no longer employ her, Ellen she having left his employ to go to work for her brother MacDonald. who is now out of business. Mr. Trask suggested that she be placed on the E.R.A. sewing project. With reference to Henry A. Jenks, he has been re- ceiving aid as a State case for some time. Mr. Mitchell reported that his wife died in the hospital and his son now is living with the father at Mrs. Leary's on Wal- Jenks thaw Street. The boy is 18 years old and works when he Case. can, receiving work on the farms market gardening. He endeavored to go to C.C.C. camp, but at the present time there was no opening for him and Mr. Mitchell re- commended an increase in aid to Henry Jenks to $10. per week to give some care for the boy and it was so voted. In reference to the application of i"�rs . Hannaford of Middleby Road, Mr. Mitchell suggested that the two eld- erly ladies being over seventy years old apply for Old Age Assistance. One brother is receiving $4. for one dayb work on E.R.A. and the family are in need of assistance. Hannaford Mr. Gilcreast agreed to see Mrs. Hannaford relative Case. to the applications for Old Age Assistance and Mr. Mit- chell was allowed to grant aid to coal and groceries tem- porarily. No information was received from Samuel Bornstein as to the lawyer in his court case or the name of the insur- Bornstein. ance company and no information has been received in re- gard to the amount his son was receiviing. In reference to the application of Robert C. Cady, 12 Greenwood Street, receiving $12. per week on E.R.A. Cady. and who has two children, Mr. Mitchell recommended tem- porary aid of groceries which was approved by the Board. In regard to the application of Jeanette B. Foun- tain, Soldiers ' Relief case, the woman owns a house on Farm Crest Avenue with a saving bank mortgage of $3000. for which she pays $180 interest. The Assessors have made a reduction on the assessment on this property which tae assessed for $4550. There is now $84. due on the 1934 taxes. She receives $45. for rental of her property Fountain P P y and she pays $23. rent where she is living herself. She Case. is avictim of infantile paralysis and hes two children,and Mr. Mitchell recommended that she be given from $5. to $7. per week additional aid and it was so voted. 342 cn ciD oo CD The Agent called attention to the fact that House Bill #1024 introduced by Richard B. Conant, Supervisor of Aid of the State was placed before the Relief Of- ficer Assoc. and they were opposed to it. The law pro- vides that all welfare cases be supervised by the State and that reimbursement should be received by cities and House Bill towns for only one quarter of the aid rendered in all #1024. cases. Mr. Mitchell stated that figuring on the reimbur- sements received in Lexington for cases the State aided, the Town received approximately 50%. He stated also that the bill provided that the State approve of the agents appointed by the local Boards to serve on the Welfare Dept. otherwise they could not serve. Mr. Mit- chell recommended that the Board go on record as op- posed to the bill. The Board voted to adopt Mr. Mitchell 's recommen- dation and to send notice to the Senator and Representa- tives that they were opposed to the bill and signed a paper prepared by the Relief Officers Association to that effect. The meeting adjourned at 10:40 P. M. A true record, Attest: Clerk.