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HomeMy WebLinkAbout1935-04-02 403 SELECTMEN 'S MEETING APRIL 2, 1935. A regular meeting of the Seletmen was held in the Selectmen's Room, Town Office Building, at 7 30 P.M. Messrs . Ferguson, Gilcreast, Lyons, and Potter were present. The Clerk was also present. The records of the special meeting held on March 30, 1935, were read by Mr. Lyons, Temporary Clerk, and approved. At 7:30 P.M. a group of citizens comprised of Messrs. Francis E. Burke, Richard 6 . McCabe, George E. Smith, Robert 3. Fawcett, Iehheth F. Clarke, George R. Fuller, and Fletcher W. Taft came before the Board of Selectmen and presented a petition for a Town Meeting to be held on April 15, 1935, containing two hundred and eight signatures. The petition read as follows Lexington, Mass. March 30, 1935. We, the undersigned, registered voters of the town of Lexington, hereby petition the Board of Selectmen to Petition draw a Warrant for a Town Meeting to be held on April 15, for 1935, to act on the following articles Town Meeting. Article 1. To see what action the Town will take to investigate any or all of the acts of the present or former Board of Selectmen, also the acts of their agents and appointees, or any committee of the town, and to appoint a Committee of three by vote of the meeting, to make said investigation, or act in any manner in relation thereto. Article 2. To see what action the town will take upon the recent failure of the Board of Selectmen to reappoint the former Superintendent of Public Works, and the appointment of his successor. Article 3. To see what action the Town will take upon the recent failure of the Board of Selectmen to reappoint the Clerk of the Board of Selectmen. Article 4. To see what action the Town will take on the reinstatement of the former Superintendent of Public Works. Article 5. To see what action the Town will take on the reinstatement of the former Clerk of the Board of Selectmen. Article 6. To see what action the Town will take to cause the removal of the present Superintendent of Public Works, and the appointment of his predecessor. 404 Cal Article 7. To see what action the Town will take in rescinding the vote of the Town passed at the Annual Town Meeting, March 18, 1935 under Article 7, appropriating money for the department of the Superintendent of Public Works. Article 8. To see what action the Town will take to appropriate money for the Department of Superintendent of Public Works. Mr. McCabe made the following statement to go on record "We will question the legality of any payments made to Robert P. Trask as Supt. of Public Works, having particular reference to the case of Henry in Mass. 262, Page 127, and to Section 1 of Article 11 of the By-laws of the Town of Lexington, which reads that 'No member of any board, Commission, committee, or other town officer shall in behalf of the town, approve, make or join in the making of any contract, bargain or agreement in, through or by which he has either directly or indirectly any financial or pecuniary interest otherwise than in common with the citizens of the town in general. '" Mr. Lyons asked the Committee if they believed they were warranted in calling a Town Meeting for the articles in the Warrant and the answer was in the affirmative. Mr. Burke asked if it was the intention of the Board to hold another election and if so, if the election and the Town Meeting might be held on the same day and he was advised that it could be done. Mr . McCabe stated that the Committee did not care about electing another member to the Board of Selectmen. Mr. Gilcreast stated that he felt that a Town Meeting should not be calleduntil an opinion was received from the Town Counsel and the Committee advised the Board that it was their intention to call a Special Meeting 'egardless of the opinion of the Board or the Town Counsel. Mr . McCabe stated that it was the intention of the Committee to follow through the articles as inserted in tie Warrant; and that they would offer motions and votes. Mr. Lyons made the following statement to go on record "Looking at it from a matter of public duty and personally I am in favor of a Town Meeting regardless of the opinion of the Town Counsel. I wish to state that there is one citizen in this town that will be absolutely licked - broken, after the Town Meeting if we are called upon to reveal why we made this change. The particular individual involved will be a broken man if he has any conscience or self-respect." Mr . McCabe asked if it was the unanimous opinion of the Board. The rest of the Board stated that they did not care to declare themselves. 405 The Committee stated that they had no further statements to make and the meeting was closed at 8 o' clock. IIThe Board decided to obtain the opinion of the Town Counsel before proceeding further in the matter. Rose F. Jannini came before the Board in regard to buying the Tax Title which the Town holds on the Palermo property located at 142 Hillcrest Avenue, East Lexington. Jannine She stated that her father held a mortgage on the property re and had paid taxes here, and that he had paid the funeral Palermo expenses of Mr. Palermo. The Board advised her that the Tax Title. amount now due for tax title, etc., was $373.00, plus interest. Mrs. Jannini stated that she would look into the matter further and submit a bid for the property to the Board at an early date. Mr . William h. Ballard, representing Peter J. Kinneen, came before the Board regarding the taking on the Kinneen property on Burlington Street. Mr. Ballard stated that he felt that at some future time the rest of the land might Kinneen be used for park purposes, and in fairness to all parties land concerned, that the Planning Board or Town Engineer should taking . look into the matter and provide for any new streets that might be desired. It was decided to have a plan made up showing the proposed taking, proposed streets, etc. , and then for Mr. Ballard, Mr . Kinneen, and a member of the Board to go over the matter. Mr. Ross, Supt. of Water & Sewer, reported that he Outstanding had written Mr. Wrightington regarding outstanding sewer Sdwer rentals amounting to $3430.92 and was awaiting Mr. Rentals. Wrightington' s advice on the matter. Mr . Trask read a letter from Mr. Ross recommending the installation of two new hydrants, one on Simonds Road Installatio near Harding Road and one on Pleasant Street west of of two new Fern Street, the reason being that the hydrants in both hydrants. of these locations are spaced more than five hundred feet apart. The recommendation was approved. Commitment Commitment of water rates in the amount of $7569.91 of Water was signed. rates. Letter was received from the Building Inspector recommending that the Board' s decision on the immediate McDonald demolition of the Angus McDonald shack on Fern Street be shack.• reconsidered, inasmuch as he had received notice from McDonald's son stating that he would endeavor to demolish the shack before May 1st. The recommendation was approved. The following licenses were granted Licenses. P. Ferri, Bow Street & Mass. Avenue Overhanging Sign I. Michelson, 1808 Mass. Avenue F. B. Hubley, 5 Washington Street Auctioneer's License Oxford Sales Co. , 581 Marrett Rd. Sale of new & seccnd- hand cars. 406 C4 The overhanging sign licenses were granted subject to the approval of the Building Inspector. Ruzziero Application for overhanging sign license was received Overhanging from A. Ruzziero, 2766 Mass. Ave. It was moved that the sign app- matter be referred to the Supt. of Public Works for lication. information as to the size, type of sign, etc. , and that the information be submitted at the next meeting of the Board. Letter was received from Helen C. Whittemore, former Mrs. Whitte- Clerk of the Board, stating that she felt she should more re; insist upon reading, correcting and signing the records of Selectmen' s the Board of Selectmen that are unsigned up to and including Records . the period of her official services as Clerk of the Board. Mr. Ferguson stated that he had talked with Mr. Wrighting- ton on the matter and that it was not absolutely necessary that Mrs. Whittemore sign these records uihl.ess it was a matter of a court case, and that Mr. Trask, who was Chairman of the Board during the four years ' period that is not written up, could sign the records. It was duly moved and seconded that no action be taken on the matter. Mrs. Whittemore 's It was duly moved and seconded that a vacation of vacation. two weeks be granted Mrs. Whittemore. Mr. It was duly moved and seconded that a vacation of Scamman's one-half mcnth be granted Mr. Seaman, former Supt. of vacation. Public Works. Slaughter Nomination of Matthew Stevenson as Slaughtering Inspector. Inspector by the State Board of Health was approved by the Board. Unapportion- Abatement of unapportioned highway betterment of ed Highway $ 276.32 assessed on property on Fletcher Avenue in the ' Betterment name of Benjamin Pearse and Arthur Kendall, Tax Title, I Abatement. Town of Lexington was authorized. Apportioned Abatement of apportioned sewer assessments on Taft sewer Avenue, land being numbered 863, and assessed first to Betterment Frank J. Hart and later to Lizzie L. Sargent, Tax Title, Abatement. Town of Lexington, was authorized. The following Special Police Officers were appointed to hold office until April 1, 1936 Mr. Arthur J. Rocque 41 Grant Street Special Mr. Edward J. Hogan Cambridge Water Basin, Police. Lincoln. Mr. George A. Knight Middlesex Co Sanitorium Mr. Frank Peters " " Mr. Chester Neal rr I? n Mr. Horace M. Howard Cary Library Mr. John J. Collins Woburn Street Mr. Alex Oholson 88 Bedford. Street 407 Mr. John J. Garrity 9 Hancock Street Mr. John Cambell E.E.I. Co. , 39 Boylston St. , Boston Mr. Ralph H. Marshall 1833 Mass. Avenue Mr. Dennis H. Collins Cottage Street Mr. Mark Dodd oherman Street Mr. Charles A. Manley 67 Woburn Street Mr. Jacob Haid Pleasant St.& Concord Ave. Special Mr. John G. Fitzgerald 20 Bedford Street Police Mr. Charles M. Blake York Street Mr. John Fopiano 61 Muzzey Street Mr. Leonard Jellis Ward Street Mr. Edward W. Taylor 49 No. Hancock Street Charles E. Moloy Webb Street Edward L. Meany Met. State Hospt. in Lex. Charles E. Ferguson 28 Highland Avenue John A. Lyons 1314 Mass . Avenue John E. Gilcreast 55 Waltham Street William G. Potter Walnut Street Roland E. Garmon Stone Building Robert P. Trask Supt. of Public Works . The Supt. of Public Works was instructed to secure bids on sand and gravel, road oil, tires, highway excavation, Bids water and sewer excavation, and printing for all departments II under his supervision, for the ensuing yea±. It was moved and seconded that all purchases for the Purchasing departments over which the Selectmen have jurisdiction be Agent. made under the supervision of the Supt. of Public Works wh the approval of the Board of Selectmen. Mr . Ferguson read a letter from the School Committee Census of requesting the help of the E.R.A. in taking a census of children children in the Town, and the matter was laid on the table in town. until such time as the E.R.A. Director is appointed. Letter was received from Mr. Wrightington recommending the abatement of outstanding water guaranties as shown on Abatement an attached list amounting to $2451.17, for reasons as set down on the list. It was moved and seconded that the guaranties as outlined by the Town Counsel be abated. Mr . Wrightington' s bills for $50. and $40.75 were Bills approved. approved. The Chairman read a letter from the Town Counsel Letter of thanking the Board for his appointment for the coming year. thanks. Application was received from J. E. Barnes, Jr. for Playground positionYg as Playground Instructor, and the matter was laid Instructor. on the table until the appointments for this position come up. 408 tn 00 n CD Letter was received from the Winchester Selectmen Perambulation.acknowledging receipt of notice to meet on April 10th at II 2 P.M. at the corner of Winchester, Woburn and Lexington for the perambulation of the town bounds. Acknowledge- ment of Town Letter was received from the Winchester Selectmen Report. acknowledging receipt of Town of Lexington Report for 1934. Letter was received from Claude A. Butterfield in utterfield regard to warrants he had received on account of non- re: Excise payment of his excise taxes . It was decided to advise Tax. mr . Butterfield that the Board have no jurisdiction over the Tax Collector . Letter was received from Mr. Garrod, PWA Engineer, Violation advising the Board that A. Ross & Son had violated the on PWA regulations by paying by check instead of cash until Docket 2066.the week ending October 20, 1934. Mr. Ferguson stated that the contractor had been advised to request the State Engineer for permission to pay by check during the period covered. Letter was received from the ERA Administrator for New E.R.A. Massachusetts requesting Mr. Trask to continue to hold Administra- the office of ERA Administrator for Lexington until his tor. successor is appointed. He also stated that although the Selectmen had unanimously agreed on Charles E ' Ferguson as his successor, it was necessary that three names be submitted for consideration. The action of the Chairman in submitting the following names was approved Mr. Charles E. Ferguson, Mr. John A. Lyons, and Mr. William G. Potter. The Chairman read a letter from the Chairman of the 19th of April 19th Committee inviting the Board to review the April parade in front of the Cary Memorial Building, and the Parade. invitation was accepted. It was voted to invite the following persons to review the parade with the Town Officials State Senator, Town Moderator, two Representatives, and the School Committee. It was suggested that the Chairman contact Mr. George Foster of East Lexington to determine whether or not there were any G. A. R. men living in Lexington who did not belong to the Meade Post, and if there were any in Town, to invite them to review the parade with the other dignitaries. E.W. Letter was received from Mr. Edward W. Kimball of Kimball 1359 Mass. Ave. expressing confidence in the acts of the letter. Board of Selectmen. Allowance It was duly moved and seconded to authorize the on payment of $15.00 per month beginning november, 1934, to II O'Connor John O'Connor for use of his car, to be paid from Public car. Works, Labor and Material Appropriation Account. 400 It was duly moved and seconded to authorize the Town Change in Accountant to charge the lighting of the clock at East classifica Lexington to "Unclassified" rather than to "Street Lighting" . tion. The Chairman read a letter from the Town Counsel Vacancy relative to filling the vacancy in the Board of Selectmen. in No action was taken in the matter. Board Letter was received from Mr. Elwyn G Preston in which he stated that he thought the better plan for the reconstruction of Pleasant Street in reaching the new Pleasant Concord Turnpike would be by running across the fields and Street reaching the Turnpike beyond Watertown Street rather than Construction by way of Watertown Street . He stated that if the Govern- ' � ment could not afford to pay the approximate cost of this construction, $10,000. that he would be one of 100 men to pay $100 apiece to supplement its funds It was decided to refer the matter to the Superintendent of Public Works for investigation and report. The name of George Y. Hynes, Accountant, of 50 Locust Juror Avenue, was drawn as a juror for the Criminal Court Session. The name of William G. Hanna, Laborer, of 95 Woburn Juror Street was drawn as a juror for the Civil Court Session. The Supt. of Public Works presented a bill from A. Ross & Son amounting to $615.90 which was billed as an "Extra" on the Sewer Docket. The Chairman asked why this had been A. Ross & billed as an extra, and was informed that the bill covered Son bill the cost of building a special manhole at the intersection for extra of the new trunk line sewer with the old, and also covered on sewer. the cost of backfilling the area excavated for the manhole, and it also covered excavation below grade which was nec- essary to procure a suitable foundation for a concrete mit, for pumping water, etc. It also covered the cost of excavating a section of the sewer trench approximately thirty feet long. The original plan did not show in detail any manhole of this size. The Chairman requested that the contractor be requested to submit a new bill showing the items on a unit cost basis, and also that the Supt. of the Sewer Dept . present a letter explaining that part of the bill was was not included in the contract. The Supt. of Public Works read a letter in regard to the trunk line sewer which stated that the leaks had been fepaired. The Supt. of Public Works read a letter from the Supt. of Streets stating that there was no inlet to the culvert Pleasant for the brook draining the hill section of Pleasant Street, Street and recommended that the Town install approximately 100 feet drainage. of 24" pipe to remedy the situation. It was voted to lay the matter on the table until such time as the water was causing some damage. 410 DO tt C, Curbing, The Supt . of Public Works recommended the installation Pleasant of curbing on the right and left sides of Pleasant Street Street. from the end of the existing curbing to approximately Fern Street, and his recommendation was approved. Spot Mr . Trask informed the Board that it would be possible Light in to install a spot light in front of the Lexington Theatre front of for about $75. , and that Mr. Scamman had stated previously theatre that the installation would cost about $200.00. It was moved that the Supt. of Public Works be authorized to proceed with the work of installing the spot light. Upon recommendation of the Chairman, it was voted to Purchase authorize the Supt. of Public Works to purchase a dragline of crane plus back-hoe bucket and boom from Hedge and Mattheis crane. Co. at a price of $2957.00, plus freight from Staten Island to Lexington, which would amount to approximately $225.00. ERA using Supt. Trask reported that the ERA men working on water from Lincoln Street had been obtaining water for drinking and Kargaard washing purposes from the Kargaard service since early service. last fall and he recommended that some credit or adjustment be made on the bill. Upon motion of Mr. Lyons, it was moved to turn over to the E.R.A for payment the total outstanding bill in the amount of $13.30. Garmon It was voted to authorize the Supt. of Public Works requisit- to purchase materials requested by Mr. Garmon for the ion. Branch Library. Barry The Supt. of Public Works was instructed to obtain Meade more information regarding the Barry 4eade claim for Tort. damages on Bedford Street and report at the next meeting of the Board. The Supt. of Public Works read a letter from Mr. W.S. Damages to Scamman reporting an accident caused by blasting. He Wilson stated that a stone weighing approximately seven pounds house had entered a window in a house on Pleasant Street by occupied by Walter Wilson and owned by J. Alexander Wilson, blasting. and that as far as he could make out, the blast had been covered only with a large piece of sheet iron. Two places in the ceiling had been gauged out and the wall was broken in two places. Mr. Scamman reported that he found the damage so serious that he told Walter Wilson to call a woman tc clean the house, and he instructed Walter Blabk to make the necessary repairs immediately. Bills for both of these were to be sent to the Town. The blast occurred about 10*45 A.M. on Thursday, March 28, ' 1935. The Supt. of Public Works was ordered to in- vestigate the matter, and if possible, to obtain a release from Wilson. , 411 The Supt. of Public Works reported receiving notice of an accident to the automobile owned and operated by Alfred Dattoli of Cliffe Avenue Mr. Trask reported that Dattoli the accident was caused by a washout on Bow Street Accident. approximately six inches deep. Mr. Dattoli claims that his wife received a cut over her eye when she struck the windshield, his baby was struck and had a bad nose-bleed, and that his niece also cut her face. Mr. Trask read the Police Report on the accident, and this report was practically the same as Mr. Dattoli' s . The Supt. of Public Works was instructed to investigate, make settlement if possible, and obtain a release. The matter of repairs to the flagpole on the Common Repairs to was discussed, and it was agreed that nothing should be flag pole done on the pole until after the 19th of April. The matter was turned over to the Supt. of Public Works for disposition. Mr . Trask reported that Thos Whiting was doing blasting rn Lincoln Street while on ERA wor'* and had Whiting requested a statement from the Board releasing him from reP responsibility. The statement was not furnished, and blasting the Supt. of Public Works was requested t: see if for ERA. Whiting has a bond, and if not, if he requires one when doing work for the ERA. On motion of Mr. Potter it was voted that the salary of William Paxton, Supt. of Streets, be increased to $40. per week beginning April 1, 1935 . On motion of Mr. Lyons, it was voted that the salary of Charles E. Moloy, Janitor, be increased to $35. per Salary week beginning April 1, 1935. increases. On motion of Mr. Lyons it was voted that the salary of Lawrence Mitchell, Welfare Agent, be increased to $35. per week beginning April 1, 1935. The Clerk was instructed tr advise the Supt. of Duties of Public Works of his duties, as outlined by the Board of Supt. of Selectmen. He is to have supervision over the following Public Highways, Tree Warden, Board of Health, Water & Sewer, Works. Parks, Engineering, Inspection of Plumbing, Inspection of Buildings, Police, and all public bui'dings other than school buildings. The matter of bids on repairs to the Stone Building Bids-Library wqs put over for one week. repairs . The Board discussed the bids submitted for appraisal of the Town' s bui dings, and voted to accept the Appraisal quotation of $1450. submitted by the National Appraisal of town Company . This price of $1450. includes all buildings, buildings. furnishings, auto.iobiles, and fire apparatus. 412 Consulting Supt. of The Chairman read a letter from Mr. White, Streets Consulting Superintendent of Streets, covering the work Report. done by him in 1934. Letter was received from Miss Mary Carroll of Street 676 Waltham Street requesting that a street lamp Light, be placed nearer her home. It was voted tc change W'ltham the location of the street lamp from Sta 195/86 to Sta. Street. 195/87, and to request the Supt. of Public Works to have this change affected. Traffic The Supt. of Public Works was instructed to request regulations the Police Department to enforce the traffic regulations, enforce- particularlly with. respect to the regulation concerning the went. "U" turn in the center of the Town. Mr. Mitdhell, Welfare Agent, reported that he had Mother' s received application from Mrs . Katherine M. Ford, a' widow Aid. with two children living on Winter Street, for mother' s aid. He recommended that she be paid $10. per week until such time as the State can look into the case more thoroughly . The recommendation was approved. Mr Mitchell reported an application for aid from Henry Smith-Henry I . Smith, who came here from Georgia one week ago. Aid. He is staying with a daughter, Mrs. Gore, of Mass-.- Ave. , and has been aided to the extent of two grocery orders, but has recently gone to work. His action in supplying the two grocery orders was approved. Cassella Mr . Mitchell stated that Charles Cassella of Ward aid. Street, the father of ten children, is now in the hospital with appendicitis, and requested authorization to supply food to the family if it is needed. His request was granted. Mr. Mitchell requested approval of his action in Palermo furnishing Mrs . Peter Palermo of Cliffe Avenue with aid. $6.00 per week, this being an unsettled case . The action was approved. Mr4 Mitchell requested approval of supplementary aid for James H. Foster and wife of Cedar Street. This Foster is a State case, unsettled. Mr. Foster is now on the aid. ERA working two days a week; and formerly worked three days a week. He pays $15. per month for rent, and his wife needs different medicines each week. Mr. Mitchell suggested that Foster be allowed supplementary aid,< including ERA earnings, not to exceed $12. per week. It was voted to allow the supplementary aid. 413 Mr. Mitchell reported that Anthony Waters of Hill Ave. has been in the hospital for a month with ulcers and had waters, had transfusions. A boy is working on ERA three days a aid. week, but more aid was needed. He reommended that the family be allowed an allotment of 03. per week, and the reoommendation was approved. The meeting adjourned at 12 30 M. A true record, Attest Clerk.