HomeMy WebLinkAbout1936-02-25 332 cn
SELECTMEN'S MEETING.
FEB. 25, 1936. '
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
at 7:30 P.M. Messrs. Ferguson, Lyons, Giroux and
Clark were present. The Clerk was also present.
At 7:30 P.M. Chairman Buckley and Clerk Spencer
of the Assessing Department appeared before the Board
Assessors ' to discuss the budget for 1936. The Chairman read
budget. the letter which was received from the Appropriation
Committee advising that that Committee had approved
the sum of $25.00 for gasoline and oil for Mr. Spencer's
car. The Assessors had been requested to appear
before the Board to discuss this item and as the
Appropriation Committee now approved it, there was
no further discussion on the matter.
The Annual Report of the Supt. of Public Works
Report of was received and approved. Mr. Giroux moved that the
Supt. of report be inserted in the Annual Report and Mr. Clark
Pub. Works. seconded the motion and it was so voted.
Letter was received from Ruth R. Wheeler of
Letter of Concord protesting against the Board's action in
protest. refusing to allow the production of the play "Valley
Forge" in Lexington by W.P.A. actors. No action
was taken on the matter.
Letter was received from the Town Accountant
calling the Board's attention to the fact that the
Snow total expenditure to date for the current year for
Removal Snow Removal was $15,054.08. The Board of Selectmen
Budget. had recommended an appropriation for Snow Removal
for the year 1936 of $15,000. Mr. Russell stated
that this appropriation would have to be increased
inasmuch as an amount could not be appropriated which
was less than the amount of the over-draft from
Jan. 1 to the date of the Town Meeting.
The Chairman asked Mr. Trask what his estimate
was of the amount that would be needed for the balance
of the year. Mr. Trask replied that if we had another
bad storm, it would probably cost $5000. , but that
the greatest expense from now on would be for sanding.
He stated that a safe figure would be $22,000. but
that it might not cost more than $18,000.
Mr. Giroux moved that the sum of $20,000. be
approved but the motion was not seconded. Mr.
Lyons moved that the sum of $18,000. be appropriated
for Snow Removal, and Mr. Clark seconding the motion,
it was so voted. Mr. Giroux voted in opposition
to the matter.
333
At 8 P.M. Board of Survey hearing was declared
open on the application of Sherman K. Hardy for the
approval of the plan of land owned by Sherman K. &
Vera B. Hardy at 148 Hill Street, Lexington. Mr.
Hardy appeared in favor of the application and no
persons appeared in opposition. The Chairman read
the notice of the hearing. Board of
Mr. Hardy stated that the lots were to be Survey,
restricted and that he was not going to put in any Hardy.
street until land was wanted in the back part of the
parcel. The Chairman asked what restrictions Mr.
Hardy was going to put on the property. He replied
that the houses were to ha e a setback of at least
50 feet and were to be of strict colonial architecture,
and he would allow no house to be built that would
cost less than $5000. above the ground. He thought
that he would put restrictions in the deeds so that
no lots would be split up for a certain number of
years.
Mr. Lyons moved that the layout as submitted to
the Board of Survey be approved. Mr. Giroux seconded
the motion and it was so voted.
At 8: 05 P.M. Mr. Smith J. Adams, Vice President
of the Middlesex Turnpike Associates and Mr. Frank
S. Powers of Lowell, appeared before the Board and Proposed
requested the Board's endorsement of the proposed Turnpike.
turnpike from Arlington to Lowell. Mr. Adams stated
that he was asking the endorsements of all the cities
and towns in the vicinity of the new road. The
following cities and towns had gone on record as being
in favor of it: Lowell, Chelmsford, Burlington,
Billerica and Bedford. The Chairman asked if the
final road had been decided upon yet, Mr. Adams
stated that Senator McCarthy was goingto insert in
the Bill before it went to hearing, the clause that
both Lowell Street and Summer Street were to be
rebuilt and that the hearing would be held on March 17th.
Mr. Clark moved that a letter be written to
the Middlesex Turnpike Association confirming the
Board's approval of the construction of the new
road. Mr. Giroux seconded the motion and it was
so voted.
The Chairman informed the Board that Mrs. Hatch
had telephoned the Clerk and advised that she was
willing to accept the Board's offer of $400. for land Hatch
taken for the construction of the new highway on Land
Watertown Street. Mr. Clark moved that the approp- Damages.
riation requested for Pleasant and Watertown Streets
Land damages be increased by $400. to take care of
Mrs. Hatch. Mr. Giroux seconded the motion and it
was so voted.
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At 8:15 P .M. , Mr. Clarence Walker, representing the
Lexington Trust Co. , appeared before the Board to discuss
the alleged damages to the Smith property at the corner
of Bedford Street and Valley Road. The Trust Company
has recently acquired title by foreclosure to this
property. Mr. Walker had previously informed the Board
that the Trust Company was willing to withdraw the pend-
ing suit against the Town if the Town would agree to pay
the Bank S150. for land damages and cancel the betterment
assessment . He stated that the Bank had a definite
obligation to its stockholders and they thought that
it would be better to settle rather than to continue the
suit. The Bank has no particular way of arriving at
a proper amount to ask for damages, but it feels that
there have been damages in excess of the betterment
assessment, but they prefer not to sue because of the
expense. Mr. Walker stated that the Bank was asking
Smith for a nominal sum in excess of the betterment and that
suit. it had taken that stand after consulting two attorneys
who had stated that they believed the Bank had a case.
The Chairman stated that when the original taking
was made, Mrs . Smith started suit, and the basis of the
suit was that she owned the whole of Valley Road to the
stone wall and that by the Town' s making the taking,
she lost one building lot. He thought the most important
question was whether or not she owned to the center of
the road or to the stone wall. Mr. Walker stated that
the mortgage stated that the Smith' s owned to the stone
wall mhich he thought proved the ownership. He stated
that there was a considerable drop from the lawn to the
street level in front of the house on the Valley Road
side of the house, and in the Bank' s effort to put the
house in shape, they thought that they would have to
do something to the lawn and it would be necessary to
put in a retaining wall. He stated that this might be
due to the fact that the Town had made the taking. The
Chairman asked if Mrs . Smith had lost her rights in the
lot. Mr. Walker replied that she had not; that the
mortga-'e was dated in 1922 or 1924 and at the time
Mrs. Smith mortgaged the property subject to the taking
the town had made. The Chairman stated that there would
be a question as to whether or not there was a betterment
on account of the construction of the Road. Mr. Walker
stated that there was no question but what there had
been a betterment . He stated that there was another
complication which was that the Town would have to get
a release from Mrs . Smith as she was the owner at the
time the taking was made even ,though she had nothing
to do with the property at the present time. Mr.
Walker stated that he thought he could get such a release
without any trouble.
The Board informed him that they would discuss the
matter and he retired.
Mr. Lyons moved that the Trust Company be offered
the sum of $100. and that the betterment assessment be
abated. Mr. Giroux seconded the motion and it was so
voted.
335
At 9 P .M. Chief Edward W. Taylor appeared before
I
the Board to discuss the Fire Dept . Budget . The Approp-
riation Committee cut the item for extra duty from $300.
to $200. Mr. Taylor agreed to cut this item to $200.
The item for substitutes was reduced from $150. to $50.
Chief Taylor stated that they had two cripples in the
Department, Mr. Charles Richards and Mr. Stephen Broughall.
Mr. Broughall has been out for six weeks . Mr. Taylor
stated that Mr. Broughall had an incurable disease and
he thought that he would have to carry him for six
months and then pension him. Mr. Taylor thought that
it would not be right to go along with eleven men when
they should have twelve and he thought that he should Fire Dept .
have $150. for substitutes, and the Board agreed with Budget.
him.
The item for hose was reduced from $1550. to $1150.
Mr. Taylor stated that if the tests came out well that
the sum of $1150. would be sufficient and that he was
willing to take a chance on it. They test the hose
with a pressure of 200 lbs . to the square inch.
The item for equiiment and men was reduced from
$300. to $200. Mr. Taylor stated that the $200. would
be all right.
The item for fire fighting equipment was reduced
from $1039.80 to $800. Mr. Taylor stated that he would
try to get along with the $800. The item for main-
tenance of fire alarm boxes was reduced from $1500.
to C1200. Mr. Taylor stated that he thought he could
get along with $1200 because only $1235. was spent
last year.
The item for repairs to building was reduced
from $500 to $250. The Chairman asked what Mr. Taylor
intended to do. He stated that he intended to fix
the roof and patch the holes in the side of the building.
Mr. Lyons moved that this item be approved in the amount
of 8500. Mr. Giroux seconded the motion and it was
so voted.
The item for furniture and furnishings was reduced
from $100. to $50. Mr. Lyons moved that this item
be left at $50. Mr. Giroux seconded the motion and
it was so voted.
Sundry items for maintenance of building and grounds
was reduced from $300. to $200. and Mr. Taylor stated
that $200. would be all right .
The item for Medical supplies was reduced from $200.
to $100. He stated that it was anyone' s guess as to
who was going to get hurt but that he would take a chance
on the $100.00.
The item for stenographic expenses was reduced from
$100. to $50. Mr. Lyons moved that this item be left
at $100. Mr. Giroux seconded the motion and it was so
voted.
The item for electric light bulbs under departmental
transfers of $50.00 was eliminated.
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The Chairman asked Mr. Taylor what the saving would
be if the tappers and box circuits were installed at
Tappers & the same time as the underground cable and he replied
Box that there would be a saving of from $300. to $350.
circuits . The Chairman asked what it woa ld cost to install tappers
and box circuits from Woburn Street to the East Lexington
Fire Station and Mr . Taylor replied that it would do no
good to install tappers and box circuits for this area
only, that they would all have to be installed at the
same time.
Mr. Trask asked if the Board had taken any action
relative to the sign which the new cleanser had erected
on a store Which he rented in D. J. O'Connell' s block.
The Chairman stated that he had asked the Building
I Sign. Inspector to see the proprietor of the store to find
out if he would put up a smaller sign. Section 1 of
the Overhanging Sign Regulations was read by the Chairman.
Mr. Lyons moved that the proprietor be requested to
remove the sign within ten days and if the order was
not complied with, that the matter be turned over to
the Town Counsel for action. Mr. Clark seconded the
motion but it was not carried. Mr. Lyons then withdrew
his motion. Mr. Giroux moved that the matter be refer-
red to the Town Counsel for his opinion and if the Town
had jurisdiction over the sign to proceed to take action
against the owner of the sign. Mr. Lyons seconded the
motion and it was so voted.
Mr. Trask stated that the Boston Regional Market
Assoc. had requested the use of Estabrook Hall on the
Use of morning and afternoon of March 11th for the purpose of
Hall holding its annual stockholders meeting. Mr. Giroux
moved that the application be granted. Mr. Lyons
seconded the motion and it was so voted.
Mr. Trask stated that the Legion Drum Corps wanted
to run four Beano parties to raise money. Mr. Lyons
Legion thought that if the Legion was going to run the parties
Drum Corps, themselves that it would be all right, but if some
Use of outsiders were going to run the parties for the Legion,
Hall. the application should be refused. Mr. Lyons moved
that the matter be continued for one week so t11-,at further
data could be obtained. Mr. Clark seconded the motion
and it was so voted.
The following water liens were signed:
Kenneth P. Blake - Liberty Heights - $14.10
Water Liens . John A. Sellars - Concord Avenue - 21.36
Mary E. Barnes - Barnes Place - 15.00
James A. Burrill - Hillside Ave. - 15.00
Harry E. Johnson - 10 Taft Ave. - 19.86
337
The Board discussed the matter of election booths
at the Adams School with Mr. Trask and he stated that
in the past when the election was held at the Stone Booths
Building, Roland Garmon had always done the work. He at
thought that it was up to the janitor of the School to Adams
do it now, especially since the Board had agreed to School
pay him an additional $3.00 for that day. Mr. Trask
was instructed to take care of the matter.
Letter was received from the Appropriation Committee
advising that it disapproved the item for drainage in
Bloomfield Street.
The Board discussed the matter and Mr. Giroux
thought that the program of Metcalf and Eddy should
be carried on. Mr. Lyons and Mr. Clark thought that Bloomfield
the work of drainage and water construction should not Street
be done unless the tax rate could be kept down to $31.50 Drainage.
or $32.00. Mr. Lyons moved that the matter of drainage
in Bloomfield Street be disa;jnroved. Mr. Clark seconded
the motion but it was not carried as Mr. Giroux and Mr.
Ferguson voted in opposition. The Board was, therefor,
in disagreement on the matter.
The Board voted to make no chancre in the amount Building
approved for the budget for 1936 for 3ui_lding Inspection. Inspection.
The Welfare Agent discussed the case of Milford
Dalrymple of Albemarle Avenue who has a wife and one Dalrymple
child. He asked the Board's approval for food already case.
supplied and recommended that the family be aided in the
amount of $11. per week. Mr. Lyons moved that the
recommendation be approved. Mr. Clark seconded the
motion and it was so voted.
The Welfare Agent discussed the case of Mrs. Caroline
Goodhue. He stated that there was no available place
for her in Town. She had been aided in the amount of Goodhue
$6.00 per week and he recommended that this amount be case.
increased to $9.00 per week. Mr. Lyons moved that the
recommendation be approved. Mr. Clark seconded the motion
and it was so voted.
The Welfare Agent discussed the case of Carmen MacDonald
who has a wife and six children. He recommended that the MacDonald
family be aided in the amount of $18.00 per week. Mr. case.
Lyons moved that the recommendation be approved. Mr. Clark
seconded the motion and it was so voted.
The Welfare Agent discussed the case of Alfred
Dattoli who has a wife and one child. He was working
on the W.P.A. but lost his assignment slip and could Dattoli
not go back to work until he received another one which case.
would be in a day or two. Mr. Mitchell asked for
authorization of the Board for sup-lementary aid. Mr.
Lyons moved that the authorization be granted. Mr. Clark
seconded the motion and it was so voted.
338 tn
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The Welfare Agent discussed the case of Charles
O'Connell J. O'Connell who has a wife and four children and has
case. been on Soldiers ' Relief. Mr. Mitchell recommended
that O 'Connell be supplied with fuel. Mr. Lyons moved
that the recommendation be approved. Mr. Clark
seconded the motion and it was so voted.
The Welfare Agent discussed the case of Samuel F.
Watson Watson who has a wife and five children. This is a
case. Soldiers ' Relief case. Mr. Mitchell asked authorization
to aid Watson in the amount of $17.00 per week. Mr.
Lyons moved that the authorization be granted. Mr.
Clark seconded the motion and it was so voted.
The Welfare Agent discussed the case of Mrs. Paul
McDonnell who is separated from her husband. The case
has recently been in Court and the Judge sentenced Paul
McDonnell McDonnell to 30 days in jail which he appealed. The
case. Judge authorized payment of $8. per week cash from the
husband. Mr. Mitchell recommended that she be given
$3.00 per week additional. Mr. Lyons moved that the
recommendation be approved. Mr. Clark seconded the
motion and it was so voted.
The Welfare Agent reported that Philip Leaf had made
Leaf application for Welfare and he recommended that he be
' case. given $10. per week aid. Mr. Lyons moved that the
recommendation be aprroved. Mr. Clark seconded the
motion and it was so voted.
The Appropriation Committee advised that it
disapproved Highway Construction for Lincoln Street
Highway under Chapter 90. Mr. Trask stated that he had enough
Con. money left to finish the drainage and fill in the trench.
Lincoln Mr. Clark asked Mr. Trask if he was sure that $6500.
St. would be ample to finish the job and he replied that
there was no question about it. The Board therefor
agreed to make no change in its previous action approving
the item.
The Appropriation Committee advised that it
Betterment disapproved the item for Highway Construction of Plymouth,
Streets. Richard and Tower Roads.
Mr. Lyons moved that the vote of December 23rd
approving the construction of these streets under the
Betterment Act be rescinded. Mr. Giroux seconded the
motion and it was so voted. Mr. Ferguson voted in
opposition to the matter.
Letter was received from the Appropriation Committee
advising that an appropriation of $40,000. had been
aprroved for Highway Maintenance in which it was specified
Highway that $5360. was for the salary of the Superintendent,
Maintenance assistant Superintendent, Consulting Superintendent and
Clerk. Mr. Lyons moved that the sum of $40,000. be
approved and that the Board concur with the Appropriation
Committee in the matter of salaries. Mr. Clark seconded
the motion and it was so voted. Mr. Ferguson voted in
opposition to the matter.
339
Letter was received from the Appropriation Committee
advising that the budget submitted for Insect Suppression Insect
had been approved in the amount of *1855. Mr. Clark Suppression.
moved that the sum of $1855. be approved for this account.
Mr. Lyons seconded the motion and it was so voted.
Letter was received from the Appropriation Committee
advising that that Committee disapproved of the appropriation
of $7950. for Hydrant Rentals. Mr. Clark asked if it
would be practical to meter the water used from hydrants.
Mr. Trask informed him that it would not be practical Hydrant
because it would be necessary to nut a meter on each Rentals.
hydrant and build a pit for each meter. Mr. Giroux
stated that he could see no reason for changing over the
method of charging for hydrant rentals. It was decided
to make no change from the previous vote to approve
this item.
Letter was received from the Appropriation Committee
advising that that Committee approved the sum of *250.
for the Memorial Day appropriation.
The Chairman read a letter which had been received Memorial
from the Corporal Wm. Power Kenibbs Camp #66, U.S.W.V. , Day.
requesting that the Board approve an appropriation of
$25. to cover the expenses in connection with the marking
and decorating of the graves of Spanish War Veterans in
Lexington.
Mr. Lyons moved that $225. of the appropriation for
Memorial day be allocated to the Sons of Union Veterans
of the Civil War and that the sum of $25. be allocated
to the Spanish War Veterans. Mr. Giroux seconded the
motion and it was so voted.
Letter was received from the Appropriation Committee
advising that that Committee disapproved of the instal-
lation of a traffic light at Meriam Street and Mass. Traffic
Avenue . Mr. Giroux moved that the installation of the Light,
light be approved. Mr. Lyons seconded the motion and Meriam
it was so voted. St.
Letter was received from the Appropriation Committee
approving the sum of $250. for the Patriot 's Day budget.
Mr. Giroux moved that the vote of last week recommending
the sum of $500. for this appropriation be rescinded and Patriot 's
Mr. Clark seconded the motion. Messrs. Ferguson and Day.
Lyons being opposed, the motion was not carried. Mr.
Giroux moved that the sum of $250. be approved for this
appropriation and Mr. Clark seconded the motion. Messrs.
Ferguson and Lyons being opposed, the motion was not
carried. The Board was in disagreement on the matter.
340 01
Letter was received from the Appropriation Committee
Police advising that the total amount approved for the Police
Dept. Dept. budget for 1936 was $36,946.31. Mr. Lyons moved
that the sum of $38,646.31 be approved. Mr. Giroux
seconded the motion and it was so voted.
Mr. Lyons was obliged to leave the meeting at 10:40 P.M.
Letter was received from the Appropriation Committee
Posture advising that that Committee disapproved the appropriation
Clinic. of $750. for the Posture Clinic. Mr. Lyons moved that
the appropriation of $750. be approved. Mr. Clark seconded
the motion and it was so voted.
Letter was received from the Appropriation Committee
advising that that Committee had taken no further action
Supt. of on its decision to disapprove the increase in salary of
Public the Supt. of Public Works and the Clerk, and the other
Works. items which were reduced. Mr. Clark stated that he felt
that if the Appropriation Committee was going to fight
Mr. Trask' s increase in salary on the Town Hall floor,
he wondered if the Board was doing right in raising his
salary after only one year on the job. He wondered if
they were going to start an uprising on the Town Hall
Floor. It was decided to make no change in the previous
vote to approve the sum of $4984.00 which included increases
in salary for the Supt. and Clerk.
Mr. Giroux moved that the vote passed earlier in
the evening disapproving the increases for the Supt.
Highway and the Asset. Supt. of the Highway Dept. be reconsidered.
Dept. There being only three members present, Mr. Ferguson
seconded the motion. Mr. Clark voted in opposition to
the matter. Mr. Giroux moved that the sum of $40,000.00
be approved for Highway Maintenance but that the Board
disagree with the Appropriation Committee on the matter
of salaries for the Superintendent and the Asset.
Superintendent. Mr. Ferguson seconded the motion and
it was so voted. Mr. Clark voted in opposition to
the matter.
Letter was received from the Appropriation Committee
Shade advising that the sum of $2772. had been approved for the
Tree Shade Tree appropriation for 1936. Mr. Clark moved that
budget. the sum of $2772. be approved for this appropriation.
Mr. Giroux seconded the motion and it was so voted.
Letter was received from the Appropriation Committee
Street advising that that committee had decided not to withdraw
signs. the recommendation of the appropriation of $200. for
Street Signs. Mr. Clark moved that the sum of $200.
be approved for Street Signs for 1936. Mr. Giroux seconded
the notion and it was so voted.
341
Letter was received from the Appropriation Committee
advising that that Committee considered that the sum of Town
$1000. would be sufficient to cover the cost of printing Report.
the Town Report. Mr. Clark moved that the sum of $1000.
be approved for the printing of the Town Report. Mr.
Giroux seconded the motion and it was so voted.
Letter was received from the Appropriation Committee
advising that that Committee had approved an appropriation
of $6000. for Water Construction, Bloomfield Street, Water Con
provided that this appropriation covered the complete Bloomfield
cost of the project. Mr. Clark moved that the approp- Street.
riation be disapproved but the motion was not seconded.
Mr. Giroux moved that the sum of $6000. be approved for
Water Construction' Bloomfield Street. Mr. Ferguson
seconded the motion and it was so voted. Mr. Clark
voted in opposition to the matter.
Letter was received from the Appropriation Committee
advising that that Committee had approved an appropriation
of $50,000. for Public Welfare for 1936. Mr. Clark moved
that the previous vote of the Board approving $30,000. Public
for Public Welfare be rescinded. Mr. Giroux seconded Welfare.
the motion and it was so voted. Mr. Clark moved that
the sum of $50,000. be approved for Public Welfare for
1936. Mr. Giroux seconded the motion and it was so voted.
Letter was received from the Municipal Management
and Research Co. , Inc. , requesting tha4- a representative Letter re
be allowed to make an analysis of the financial condition analysis
of the Town and make recommendations . No action was of Town.
taken on the matter.
Letter was received from the Appropriation Committee
inviting the Board of Selectmen to attend the meeting on Meeting.
Wednesday evening, February 26th, at 7 30 P.M.
Letter was received from the Appropriation Committee
advising that that Committee voted in favor of the
adoption of Article 4, 6, 11, 14, 27, 29, 30, 31, 32 and Appropriatiol
52 in the Town Meeting Warrant. The Appropriation Committee
Committee voted to disapprove Articles 16, 40, 41 and 47. recommenda-
Under Article 4, the Appropriation Committee recommended tions.
the s• .m of 52775.00 per year for the salary of the Town
Collector and Tax Collector and the sum of $1775.pe
year or the salary of the Town Cierg and the sumor194.
rer ear ,for. the salary of the Town _reasures. p
iatlon Uommi ee ma e no recommen as ander r is sop
2, 3, 17, 18, 19, 20 and 49.
Letter was received from the Appropriation Committee
advising that the Board voted to approve the sum of $25.' T.O. and for extra labor in the Town Offices and Cary Memorial Cary Mem.
Building account and that the sum of 19.20 had already Bldg.
been expended. No action was taken on the matter. Account.
342
Letter was received from the Town Accountant stating
that the General Laws provided that the Town Accountant
Contracts shall have the custody of all contracts of the Town. He
to be stated that he had received very few contracts and
filed with assumed that very few contracts were being made. He
Town suggested that the various Town Officials be advised that
Accountant. all contracts must be filed with the Town Accountant.
Mr. Giroux moved that the Town Departments be
informed of the Statute. Mr. Clark seconded the motion
and it was so voted.
Application was received frem David K. Porter of
Peddlers 25 Theresa Avenue for a Peddlers License. Mr. Giroux
License. Moved that the application be approved. Mr. Clark
seconded the motion and it was so voted.
Report of the Supt. of Public Works for the week
Report. ending February 22nd, 1936 was received and approved.
The meeting adjourned at 11: 35 P.M.
A true record, Attest:
Clerk.