Loading...
HomeMy WebLinkAbout1935-05-28 493 SELECTMEN'S MEETING MAY 28th, 1935. A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, -Town Offices, Lexington Messrs. Ferguson, Gilcreast, Lyons, and Potter were present. The Clerk was also present. Mr. Richard Whittemore appeared before the Board in regard to insurance. He stated that he called at the office of the Supt. of Public Works about two weeks ago to inquire if he or the Board of Selectmen were the proper person to see in regard to the matter. Mr. Whittemore received a letter fro* the Clerk of the Board to the affect that the policy expiring on June 1st would not be renewed through his office. He said that Mr. Trask had informed him that he was going to handle the placing of insurance, and the Chairman advised Mr. Whittemore that Mr. Trask was going to handle the Whittemore insurance as far as seeing that everything was covered was on concerned, but that the Board would handle the actual insurance. placing of insurance. Mr. Potter asked Mr. Whittemore if he made his living handling insurance, and Mr. Whittemore stated that he did, that his real source of income was from insurance, and that the gas station and fuel oil business were only side lines, and that he would be much better off if he did not have them. Mr. Whittemore asked the Chairman if there was any good business reason why he had not been given the insurance, and the Chairman replied that the only reason was that the Board had voted not to renew through his office, and that the business had already been placed elsewhere. Mr. Whittemore then asked the Board if he might be given consideration when his other policies expire, and the Board said that he would. At 7:45 P.M. bids were opened on the loan of $100,000. in anticipation of revenue. The bids were submitted as follows: Firm Discount. New England Trust Co. .235% Faxon Gade Co. .32 West Newton Savings Bank .34, Premium of $1.00 First Boston Corporation .335 Loan. Newton, Abbe Co. .28 Whiting, Weeks & Knowles .29 Second National Bank .245 Merchants National Bank .27 Lexington Trust Co. .20 Premium of $1.00 It was voted that the Lexington Trust Company be awarded the loan in the amount of $100,000., to be dated May 29th and payable September 20, 1935, in anticipation of revenue. 494 U' C.1 CD Hearing was declared open at 8:00 P.M. on the Whitney application of Mary M. Whitney for permission to maintain garage a one car garage of third class construction at Lot #37 hearing. Fern Street. Mr. Whitney appeared at 8:15, and as no per- sons appeared in opposition, it was voted to grant the permit subject to the approval of the Building Inspector. Hearing was declared open at 8;05 P.M. on the Gilmore application of Mrs. George L. Gilmore to maintain a three garage car garage of second class construction at 57 Hancock hearing. Street. No one representing Mrs. Gilmore appeared at the hearing and the matter was laid on the table. Letter was received from Mrs. C. Reardon of Cambridge in which she stated that she had been assessed Reardon for a sewer betterment on Lots 63 and 64, Bowker Street sewer and that there was no sewer there. The Clerk reported assessment. that the sewer had been extended in Bowker Street in 1932, and that both of Mrs. Reardon's lots were bettered. She was assessed for betterments on 3,319 sq. ft. of land, and the assessment amounted to $50.95. The Board voted to inform Mrs. Reardon that it was necessary to pay the betterment assessment even though she has no particular connection with the sewer. The Chairman read an article which Mrs. Guy S. Chace had requested to be inserted in the Warrant for the next Article Town Meeting. The article read as follows: To see if for the town will vote to appropriate money to defray the Warrant. expenses of the Community Classes for 1936; or act in any manner relating thereto. The Board voted that the article as presented be placed in the warrant for the next Town Meeting. Letter was received from Mollie A. Sweetser in regard Chap. 90 to Chapter 90 work to which was attached a letter from work. the State Dept. of Public Works stating that the Dept. had decided not to enforde the rule that Chapter 90 contracts running over $12,000. should be done by contract this year. Mr. James Guthrie and a Mr. McDonough appeared Guthrie, before the Board with regard to the opening of a restaurant Common where all liquors woula be served. They had in mind Victualler opening up the wtore located at 97 Mass. Ave. which is now and liquor used as an automobile salesroom. Mr. Guthrie stated that Licenses. he was not putting any money into the proposition, but that if the proposition went through he would be assured a position. The store they had in mind would seat approximately fifty persons, and contained a large rear room which would be very suitable for a kitchen. The Board informed Mr. Guthrie that the first step would be to apply for a Common Victualler's License, inasmuch as a liquor license might be granted only if the restaurant business were established. After the Common Victualler's 495 license were granted, the liquor license might be applied for. Mr. McDonough inquired if, after the victualler's license were granted, the application for the liquor license might be made and a hearing held to see if there were any objection, before going to the expense of installing the restaurant equipment. The Board stated that they would have no objection to this, but told Mr. McDonough that the Clerk would check up with the Alcoholic Beverage Control Commission the next day to see if this procedure might be followed. Mr. Guthrie stated that he would come in the next day and make application for a Victualler's license, and receive the Clerk's report of the Alcoholic Beverage Control. Commission's ruling on the matter. Mr. Norman Pero of 17 Pleasant Street appeared before the Board to see if he might be granted Welfare while living with hid daughter, Mrs. Richards of Grant Street. Pero aid He stated that he and his wife could not get along with one another, that his step-son was living with them, and as long as conditions at home were so unpleasant, he decided to leave. He stated that he was unable to work as he had heart trouble. His daughter was willing to give him board and room for $6.00 per week. The Board told Pero that they would consider his request, and he retired. Mr. Mitchell informed the Board that as long as the Peres did not have a legal separation that the Town could ' notgrant him aid if he left his family. It was duly moved and seconded that the matter be passed, and it was so voted. Mrs. Kenneth Blake, Chairman of the Lexington Public Health Association, and Mr. Robert Merriam, Chairman of the Lexington Branch, American Red Cross, appeared before the Board. They stated that they wished the approval of the Board in the matter of having a survey made by the State Health Association of the nursing and welfare Nursing activities in the town. The survey is a check to see if and the Town is carrying on these activities efficiently and welfare according to the standards of the State Dept. of Public survey. Health. The survey would be made at no expense to the Town. A report would be made upon the completion of the work, and if there happened to be any criticism, the Town would not be obliged to do anything about it. The Board voted to approve the survey. The Chairman read a copy of the letter which Mr. A. Ingham Bicknell, the attorney for the Lexington Co-op. Bank, wrote to the Bank. Mr. Bicknell stated that he was unable Palermo to pass the title on the land which the Town recently sold purchase to Louis Palermo on Hillcrest Avenue. The property was of Jannini purchased from the Wilbur Estate in 1911 by Mrs. Filomena property; Palermo, who conveyed one-half interest to her husband and title. upon her death in 1923, left as her heirs at law her husband and five children. Her husband mortgaged the property 496 crt to without in any way mentioning the children, and could not give a good mortgage on account of the interest of the children. The mortgage was foreclosed and the property conveyed to Angelo Jannini, and the Town assessed the property to him The Town sold the property for taxes and brought proceedings to foreclose any right of redemption for taxes. Mr. Bicknell was not willing to pass the title on account of the probable rights of the children to have the decree of the Land Court vacated and their rights to a part of the property determined. Mr. Bicknell could not find any record of notice having been sent from the Land Court to the children of the proceedings there and for a year's time after the date of the decree any child who is not served with notice of such proceedings may bring a petition to vacate the decree if the year has not elapsed. Mr. Bicknell has been served with notice by a representative of the children that they intend to bring such proceedings. He stated that the only safe thing to do was to have the land registered. Mr. Lyons stated that if the land was registered that they would get insurance from the State that no one could contest the title. The Chairman stated that a copy of Mr. Bicknell's letter had been sent to the Town Counsel, and the Board voted to have him handle the matter. Mr. A. Thomas Ferry appeared before the Board, and wanted to know What the Town was going to do about the Elm-Leaf Settle on private property. He stated that Ferry on the Town was spraying on private property and taking some Tree work. of his business away from him He inquired if the Government or the State was going to allow the Town any money to combat the Elm-Leaf Beetle, and if so, he would like to do the work. He stated that he thought that the Town could well afford to put its time and money in taking care of the street trees and those on its parks, and leave the work on private property to individuals that make their living doing such work. The Board informed Mr . Ferry that they had not heard of receiving any money for tree work, and if they did], they would consider his application for work. Letter Was received from Archibald F. Bullock, Chief Letter of of Police of Arlington. The letter stated that on commendation Saturday, May 18th, Officer John Barry of the Lexington re: Officer Police Department apprehended two young men and turned Barry. them over to the Arlington Police Department, and that they later confessed to a total of thirty-one house breaks in five municipalities in this area. Chief Bullock wished to commend Officer Barry for his excellent work in apprehending the two men, as he felt that through his vigilance and efficiency he rendered an excellent service to the community. The Board voted to send a letter of commendation to 497 Officer Barry and to refer to the letter received-from the Arlington Chief, and to make note of the matter in the local paper. Letter was received from David H. Govenar, attorney, stating that Max Berman of 12 Mass. Ave. had cons'alted him with reference to his application for the package sale of Govenar liquor. Mr. Govenar stated that inasmuch as two licenses letter re: had already been issued by the Town that there was no room Berman for the license which the Town approved for Berman. license. The Chairman stated that the population of the Town was now over 10,000, and the law states that a license may be issued for each 5,000 in population or fraction thereof, and that therefore the Town was entitled to issue a third license. The application is now before the Alcoholic Beverage Control Commission for approval, and when that body renders its decision, Govenar is to be notified. Letter was received from George B. Gosbee thanking the Letter Board for placing the $10,000 blanket schedule insurance of through his office. thanks Letter was received from the Supt. of the Summit House, Rutland Rutland, Mass. with regard to the facilities for tuberculosis cottage patients at the Rutland Cottage Sanatoria. The rate is Sanatoria $25.00 per week. It was voted to place the matter-on file. Letter was received from the Arlington Board of Health with regard to a cesspool which is overflowing at 5 Lowell Overflow: Street, East Lexington and annoying persons residing on ing cess- the Arlington side of the line. pool - The Health Inspector's report on the property was read Lowell St. by the Chairman. Mr. Stevenson stated that the condition was very bad and that something should be done to remedy it at once. The Board voted to instruct the Health Inspector to contact the owner and have him abate the nuisance immediately. Letter was received from Primo Gardella of 37 Wilson Avenue, Belmont, requesting that the Common Victualler's License now issued to Mary A. and Ernest R. Rowland at Transfer of Lowell Street, Lexington, be transferred to his name. Victualler's The Chairman read a report on the man's character License. which had been submitted by the Chief of Police. The report stated that Gardella had a good reputation and had no police record. The Board voted to grant Gardella's request for the transfer of the license. Letter was received from the Acting State Director, PWA, stating that applications for PWA projects would be accepted on the basis of 55% Loan and 45% Grant, both from the Federal Government; and that the interest rate on 498 c71 CID loans would be 3%. Mr. Lyons stated that he was opposed to ark PWA PWA projects . The Board discussed the matter to some length, Projects. and the other members felt that drainage, sewage, and school projects should be given consideration. It was voted to instruct the Supt. of Public Works to submit several PWA projects to the Board at the meeting to be held on June 11th for consideration. Mr. Lyons voted in opposition to the matter. Letter was received from the Secretary of State Letter re: stating that the Herb Society of America had applied for Mrs. Hollis a certificate of incorporation, and that Mrs. Hollis Webster's Webster of Lexington was an officer of the organization. character. The Secretary requested that the Board furnish a statement'' of Mrs. Webster's character. The Board voted to advise the Secretary of State that Mrs . Webster was of good character, and that they approved the application. House Letter was received from Nelson B . Crosby stating Bill that he had recorded the Town of Lexington in opposition #2122. to House Bill #2122 to regulate the business of outdoor advertising. Letter was received from Richard E. Rowse in regard Floor uov- to the problem of renewing the floor covering in the ering - Cary Memorial Library. Mr. Rowse recommended heavy- Library. duty Battleship linoleum or Jaspe linoleum, and the estimated cost was $609.00. The Board voted to lay the matter on the table. Letter was received from the Town Accountant stating that the payments to the Mass. Broken Stone Co. from the Highway Construction, Pleasant St. Account this week Approval of totalled $701.60, and last week totalled $1362.72. bid, Mass. The Board felt that the Town Accountant believed that Broken he should have the approval of the Board to pay bills as Stone Co. large as these, or that the Supt. of Public Works shehld have had the authorization of the Board before approving them. The Board voted to approve the action of the Supt. of Public Works in accepting the bid of the Mass. Broken Stone Co. for top stone at $1.53 per net ton and for pea stone at $1.78 per net ton. The Board received a letter from the Town Accountant Warren stating that three vouchers were listed on the warrant Pipe Co. for the current week payable to the Warren Pipe Col of bills. Mass. , Inc., totalling $2696.261 and that he assumed that the purchase of the material covered by the invoices was made after bids as called for in the By-laws. 499 The Supt. of Public Works reported that bids had been feceived and the bid of the Warren Pipe Co. of Mass., Inc: had been accepted. The Board voted to approve the action of the Supt. of Public Works in accepting the bid of the Warren Pipe Co. of Mass ., Inc for furnishing 12" pipe for the Bedford St. water construction job at $1.96 per foot. The Board voted to instruct the Supt. of Public Works Mt, Trask to s licit proposals for all materials to be purchased to submit which will exceed the sum of $1000.00 in cost and submit bids. same to the Board before orders are placed. The Board voted to rescind the vote passed at the meeting held on May 21st, as follows: "It was voted to instruct Mr. Trask to make up an article to be inserted in the Warrant for the next Town Meeting for Equipment and Repairs, and to make it large enough to take care of the $268. needed at present, and other Equipment and Repair needs for the balance of the year". The reason the Board voted to rescind the vote was that the cost of the repairs to the doors at the Public Works Grates for Building was included in the 1935 budget made up by the heater at former Supt. of Public Works. The Chairman reported that P. W. he had taken it upon himself to request the Appropriation Building - II Committee to transfer the tum of $200. from the Reserve Vote on. Fund to the Public Works Building, Maintenance and Operation Account, to take care of the cost of the new grates for the heater, and that the Appropriation Committee had granted the request. The Board voted to approve the action of the Chairman in requesting the Appropriation Committee to transfer the sum of $200. to the Public Works Building, Maintenance and Operation Account to pay for new grates for the heater. Letter was received from the Town Accountant with reference tb further PWA projects. He stated that the Town might incur further indebtedness to an amount not to be greater than 1% on the average of the Assessor's valuation Letter for the three preceeding years. In his report for the from year 1934, the Accountant showed a balance of borrowing Accountant limit under the regular limitation amounting to $382,960. re: PWA and a borrowing limit under the additional 1% for Federal Loans. aided projects of $145,153. He stated that the Town could borrow in anticipation of the receipts of the proceeds of a grant to an amount not exceeding the amount of the grant as shown by the Grant Agreement and for a period not exceeding one year, the proceeds of the grant to be applied ad far as necessary to the discharge of the loan. The following licenses were granted: Gene H. Luongo, 47 Pleasant StreetPeddler's License Licenses Country Side, Inc. , Lowell St. Com. Victuallers approved. Entertainment License. Bill Bean's Driving Range, Bedford St. - Golf Driving Range, (Sunday Use) 500 tc Letter was received from the Building Inspector Business at stating that he had interviewed Roger W. Brown, who is Paul Revere conducting the contracting business at the Paul Revere Garage. Garage. Mr. Brown informed him that he was the agent for the Truscon Steel Co. insofar that he stores building equipment and transports same to the different jobs as needed. Mr. Brown intends to apply for a Board of Appeals hearing to maintain a contractor's yard. Bornstein The Building Inspector reported that he had inspected junk yard - the Bornstein junk yard and found the addition which had report. been erected without a permit demolished. He reported that Bornstein had also demolished the old house foundation thus making a much better appearance. Letter was received from the Supt. of Metropolitan State Condition of Hospital calling the Board's attention to the deplorable Concord Ave. condition of Concord Avenue near the entrance at the rear of the hospital. The Supt. of Public Works reported that this section of Concord Avenue had already been patched. The Supt. Of Public Works submitted a letter from Article for the Supt. of the Water Department requesting that an Water Works article be inserted in the warrant for the next town Convention. meeting to cover his expenses in attending the convention of the Water Works Association. The Board instructed the Supt. of Public Works to furnish them with a figure to cover the amount to be appropriated, and voted to insert an article in the warrant to pay Supt. Ross's expenses for attending the Convention. Street Light TheSupt. of Public Works reported that he had received Freemont a request for the installation of a street light on pole Street. 170 on Freemont Street, an unaccepted street. 9 The Board voted to refer the matter to the Supt. of Public Works for investigation and report. The Supt. of Public Works stated that he believed that there was some misunderstanding concerning the desk Desk, Public which the Welfare Dept. had requested. He stated that Welfare & the desk in the Town Accountant's office would be too Accountant. large to fit in when the partition was built, and he proposed to move this to the Public Welfare Office. He then intends to purchase a small desk to replace the one which is to be moved from the Town Accountant's office. The Board voted to authorize the Supt. of Public Works to purchase a desk at a cost of $17.00 plus $1.00 for delivery, to be paid out of the Public Welfare Acdount to replace the desk which is being dloved from the Account- ant's office to the Welfare office. 501 The Supt. of Public Works stated that he had talked with the Town Counsel with regard to the Anthony Ross & Son bills which the Town has owed since 1930 and 1931, and he first suggested that Ross employ a local lawyer and for the suit to be tried in the Concord Court, but that Mr. Wrightington has now changed his mind on the matter. He called Mr. Trask*s attention to the provisions of G.L. Ross Ch. 44, sec. 1 forbidding officers and departments of a bills. town to incur any indebtedness in excess of the appropriations, and stated that this statute had been dealt with in only two cases, and that each time the contractor had not won the case, and the Court had indicated that the proper procedure was to compel an appropriation. The Board voted to ask the Town Counsel if it would be legal and proper for the Board to insert an article in the warrant for the next Town Meeting asking for an appropriation to cover the outstanding amounts; and if such an appropriation were made, if the bills might be paid in such a manner. The Supt. of Public Works reported in regard to the H. F. Armington Co. bill for repairs to tar sidewalks on Bill for Mass. Avenue. He stated that the Armington Co. had repairs to offered to split the amount charged in excess of the tar side- $500. agreed on, and that the compromise would be $27.50. walks. The Board voted to settle the matter on the compromise and to approve payment of the bill in the amount of $527.50. The Supt. of Public Works reported that he had obtained a price of 194¢ $er sq. ft. for granolithic walks and 24i¢ Somerset per sq. ft. for ramps, from the H. F. Armington Co. for the Road work to be done on Somerset Road. There are three abutters sidewalks, who want the work done: Philip Clarke, Raymond A. Bond, and Harry A. Wheeler. Mr. Trask informed Mr . Clarke that the cost of putting in the walks in front of these three houses would be $550. to $575. Mr. Trask stated that he wished to invite the H. F. Armington Co. to do the work for $500., and the Board voted to grant the authority to f the Supt. to make this offer. The Supt. of Public Works recommended that a Board Bd. of Sur- of Survey Layout of Summit Road to the end of Fern Street vey layout- be made, and the Board voted to approve his recommendation. Summit Rd. The Supt. of Public Works reported that Mr. E. F. Scheibe had telephoned the Police Dept. that the ERA men had cut Trees cut down eight or ten trees on his property, and that he was down by going to sue the Town for damages. ERA. The Board instructed the Supt. of Public Works to write the ERA Administrator to the affect that no trees are to be cut down without consulting him. 502 The Supt. of Public Works asked the Board what Archibald account he was to charge the W. C. Archibald bill of bill for $6.00 for repairs to his automobile to, and the Board repairs to instructed him to charge the bill to the Highway Maintenance car. Account. The Board voted to approve the continuation of the Topo topographical survey as an ERA project. The estimated Survey, cost of the work is $1356.99, and the application for ERA. same was signed by the Chairman. The Supt. of Public Works reported that Semonian Bros. of Woburn Street had made a complaint on the water stand- ing on their land on account of improper drainage. The Drainage on Supt. stated that he put some men to work to relieve the Semonian situation, and when he went down there, he found that the property. men were working on a drain which was to take care of the water that had accumulated from a pond nearby, and the drain which they were cleaning out would drain the water onto the Ryder property. Mr. Semonian informed Mr. Trask that he had an agreement with the Town that the Town was to take care of the drainage on the property, but Mr. Trask had been unable to find such an agreement. He said that he would ask Mr. Semonian to bring in the agreement, and if the agreement did say this, then something would-be done on the matter. Mr. Trask had stopped the men working on the drain, and no work was being done at the present time. Letter was received from Marjorie Hyde resigning her position as instructor at the Lexington Center Playground Appointment and the Clerk stated that Helen Archibald had resigned of Clerk and her position as Clerk at the Center Playground. instructor, The Supt. of Public Works stated that the Supt. of playground. Parks had recommended that Ruth Custance be appointed as Clerk at the center playground, and that Dorothy Rudd be appointed instructor at the same playground. The Board voted to approve the recommendation and to pay Ruth Custance a salary of $10. per week and Dorothy Rudd $18. per week. The Supt. of Public Works reported that if the big flag is flown at the Common that it takes two men to put it up and to take it down, and it has to be repaired every time it is used. It would cost the town approximately $600. to fly this flag every day but stormy ones, and there is not enough money in the appropriation to do this. Flag at The Board voted to rescind the vote of the previous Common. meeting that the large flag was to be flown every clear day, and instructed the Supt. of Public Works to purchase two flags approximately 200 square feet in size to be flown every day excepting holidays and stormy days. The Board 'also instructed Mr. Trask to have the flags taken down at 7:30 during the months of June, July, and August, and at 4:30 P.M. during the winter months. 503 The Supt. of Public Works reported that he had started I a drainage project at Cliffe Ave. and Bow Street, a section Drainagg where there is now no drainage. Every time there is a storm Bow St. the water from Cliffe Ave goes down to Bow Street, and and from Bow Street it drains onto the Shaw property. Mr. Trask Cliffe notified the abutting property owners that if they might want Avenue. sewer service during the coming two or three years that now was the time to request it. The Supt. of Public Works reported that the water construction job on Bedford Street was progressing very Bedford St. satisfactorily He stated that they found that there Water job. were old car tracks in the street in front of the Lumber Company, and the Middlesex & Boston St. Rwy. Co. were rip- ping out the tracks, doing considerable damage to the street, but that this could not be helped. He stated that the street would have to be resurfaced on one side after the 1 water pipe Was been installed. The Board signed excise tax refunds in the amount of Excise Tax $57.25. Refunds. The following water liens were signed: Duncan E. Barker, 447 Concord Ave. $14.16 Patrick McGowan, 88 Oak Street 15.66 IIMelvin A. Jennings, 58 Oak St. 15.00 Water Patrick 3. Welch, 7 Ames Ave. 13.75 ]dens. Frank S. Early, 18 Butler Ave. 28.65 John J. & Ellen Foley, 21 Butler Ave. 15.00 Mary G. Mullen, et al, 283 Mass. Ave. 65.91 Pauline H. Clare, 443B Mass . Ave. 12.75 Michael Curran, 211 Mass . Ave. 15.00 The following commitments were signed: Commitments Water Rates $5114.24 signed. Water Guaranties 2959.13 Public Welfare, Old Age Assistance. 861.32 4091.41 The meeting adjourned at 11 30 P.M. A true record, Attest: \ 1, /4-4--.`-'-'E-. Clerk.