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HomeMy WebLinkAbout1936-09-29 60 SELECTMEN'S MEETING SEPT. 29, 1936. A regular meeting of the Selectmen was held in the Selectmen's Room, Town Office Building, at 7:30 P.M. Chairman Ferguson, Messrs. Potter, Giroux, Clark and Roes were present. The Clerk was also present. At 8:00 P.M. bearing was declared open on the appli- Valentine cation of Mary S. Valentine for permission to maintain a garage two car garage of concrete block construction at 16 Stratham hearing. Road. John Valentine, together with his builddr, Mr. Emerson, appeared and presented plan of the proposed garage. No persons appeared in opposition. Mr. Clark moved that the permit be granted subject to the approval of the Building Inspector. Mr. Giroux seconded the motion and it was so voted. At 8:05 P.M. hearing was declared open on the appli- Clark cation of Walter P. Clark for permission to maintain a one garage oar garage of wooden construction at 27 Circle Road, Lex- hearing. ington. No persons appeared in favor or in opposition. Mr. Clark moved that the p reit be gm nted subject to the approval of the Building Inspector. Mr. Potter seconded the motion and it was so voted. At 8:10 P.M. Mr. Albert Bieren and Mr. Raymond appeared before the Board. The Chairman told Bieren that he had been asked to come before the Board as the Board wanted to ask him some questions regarding the garbage contract. The Chairman asked him if he had ever collected garbage before and he said that be had not, that he and his brothers purchased their garbage from Arlington and Cambridge. The Chairman asked him how many men he had planned on to do the job and he said that he had planned on employing three men in the summer and four in the winter, with two trucks in the winter and one in the summer. The Chairman asked him how much garbage he thought he would collect in Lexington and he replied that he would probably collect two cords a day. The Chairman asked him if he knew the number of miles of streets that would have to be covered and he said that he did not and did not know the number of houses he would have to collect from. The Chairman asked Bieren how mans times a week he had figured on collecting the garbage, and he said that he had figured on collecting the whole town twice a week and the stores every day. The Chairman asked him if he had figured on hiring any men, and he said he figured that if McAdoo's men were through that he would gladly hire them. He would substitute a lumper. Mr. Giroux asked him if he took into consideration the fact that he would have to take out Workmeiits Compen- sation Insurance, and he said that he had. 61 Mr. Roos asked him what he figured as the value of the garbage, and Bieren stated it would be worth from 50 to 60 cents per foot to rim. Bieren said that he was now paying 750 per foot in Arlington and 60e in Cambridge. Mr. Ross asked him if he had read the spe oifications and Bieren said that he had and that he understood them. Mr. Ross asked him if he knew about the eight hour day and prevailing rate of rages clause and he said that he did. Mr. Ross asked what McAdoo was paying his chauffeur. Bieren said that he understood the man was receiving $27.50 per week and he told him that he would continue to pay him the same wages if he hired him. Mr. Ross asked Bieren if he had anyone help him figure the job and he said that Cornelius Shea of Lincoln helped him. 'Mt. Ross asked Bieren if he realized that his bid was considerably lower than McAdoo's, and he said that he did. Mr. Roes asked him why he thought MoAdoo figured it so high w hen he has had experience in collecting and knows the town . Mr. Bieren said that he knew of no reason why the bid should be so high. He skid that he thought he could do the work for the figure he submitted and give good service. Mr. Potter reminded Bieren that Connors Brothers bid the job six years ago and figured their bid $3400. a year and came in the next year and asked $6800. a year. Bieren said that he knew this. He said that they were now paying about $0.75 per foot for their garbage and it is necessary to send a man to Cambridge to get three feet and it takes a half a day, and they figure that it costs them $1.50 a foot or more. The Chairman asked Bieren how much he figured for his truck operation per year and he said that he did not have thA figures with him. Bieren re Mr. Giroux asked Mr. Bieren if he felt quite certain Garbage that he was thoroughly familiar with all the details of the Contract. contract and knew what he was doing in undertaking it and stated that if he was awarded the contract and did run into difficulties, he would have no comeback as the Board had warned him what he was undertaking. Mr. Bieren said that he knew what he was undertaking. He said that he and his brothers had always falfiled any business contract and thought that they could take care of all angles of this one. Mr. Giroux told him that the members of the Board did not want him to come back to the Board if there was anything wrong with his figure. Bieren stated that there would be no danger of that. Mr. Bieren asked how much time the Board would give him to get ready to start the work. The Chairman asked him how much time he would need. Bieren said that they would need one week but that that would be sufficient. Mr. Ross asked him if he planned to buy new trucks and he said that he was planning to buy a new truck with a steel body and that he had another truck ready for service. He retired. IIThe Chairman stated that when Connors had the contract six years ago and received $3400. per year, he Dame in the next time with a pride of $6800. per year and they had a great deal of trouble with him over collections. Be said 62 rl that if you have complaints all you are sbleita..do is get after the contractor. If you take the contract away from him and go after the Bonding Company, you have a great deal of trouble in collecting. He said that there was always litigation with a Bonding Company. He could not see any reason why the Selectmen should invite trouble by letting the contract for less than the job was worth. Mr. Potter stated that Bieren had figured the value of his garbagel too high as it would be worth a great deal less within six months. Mr. Ross asked if the Board was compelled to let the contract for three years and the Chairman said that it was not. The Chairman read a new bid which had been submitted by Mr. McAdoo in the amount of $17,250. for the three year period. Mr. Giroux asked if the Chairman felt that inasmuch as the bids had been made public t}a t it would be best to refuse them all and ask for new bids. The Chairman replied that he did not think it was necessary to ask for new bids. Mr. Ross asked him if he thought the Board should con- sider McAdoo's new bid and the Chairman said that he did. He also said that he thought McAdoo was entitled to a "break*. Mr. Potter said that the Board mak not compelled to take bids on the job anyway. Mr. Clark asked Mr. Potter what assurance dare was that the price of hogs and garbage would be directly the opposite of what it is now in six months, and Mr. Potter said that he knew it from peat experience. Mr. Rosa asked Mr. Raymond if he had had many com- plaints since he had been in office, and he said that he had received very few. He said that Mr. McAdoo was very good to work with and that the men came in every day to receive complaints. The Chairman stated that as far as the town was con- cerned, it would be much better to continue to have the same regime as in the past three years and he said that he based his opinion on the trouble experienced in the past. Mr. Rosa asked the Chairman what, in his opinion, there was about Bieren that made him think he would not be able to do the job. The Chairman said that the first reason was his lack of experience. Mr. Ross said that he had talked with Bieren twice and had tried to discourage him, and Bieren had informed him that he was not taking the contract to make money but would be satisfied to break even. Mr. Ross suggested that a certain amount of money could be retained each month in order to insure the faithful per- formance of the contract. Mr. Clark moved that the contract for collecting gar- bage in the Town of Lexington for three years beginning October 19, 1936, be awarded to Albert Bieren at his price of $12,000.00. Mr. Giroux seconded the motion. Although Mr. Ferguson and Mr. Potter voted in opposition, Mr. Ross voted in favor and the motion was carried. Mr. Potter stated that pork was bringing such a good 63 price this year, he thought it might be a good idea in pay Bieren $3,000. the first year, $4,000.the second year and t5,000. the third year. Mr. Clark moved that the con- tract be awarded for the three years on the basis of pay- ments as suggested by Mr. Potter. Mb. Giroux seconded the motion and it was so voted. Mr. Giroux stated that the Lexington Public Health Assoc. would like the use of Cary Memorial Hall on Friday, Use of November 6, from 9 P.M. to 1:00 A.M. Mr. Ross moved that Hall. the use of the hall be granted free of charge. Mr. Potter seconded the motion and it was so voted. Mr. Clark said that he thought there should be a minimum charge made to cover the cost of lighting and heab- ing the hall. Mr. Raymond stated that John 0 'Connor inf orae d him that Anthony Kenego, as a carpenter, was supposed to work 65i hours per month on the W.P.A. and James Roache, as a stone mason, was supposed to work 56 hours per month. As the Government does not allow payment for overtime work, both of these men were given time off and Sufficient hours were given them on pay rolls to make up for the excess time W.P.A. worked. O'Connor said there was a shortage of $1.86 due time . Kenego but that thrs could be explained because of the difference in the way the local office and the Boston W.P.A. office figured the time. O'Connor said that in talking to Roache at the first of the year, it was understood that although he worked only 7 hours from December 23rd to January 7th, that if a supplementary time sheet was put in for him for the maximum number of hours which he would be allowed to work during this period, that this amount of time would take care of the situation satisfactorily for him. The supplement was put through, but he apparently has never received his check and that situation must be handled by the Boston W.P.A. office. Mr. Raymond said that the Town had no way of checking up as to whether or not Roache had received a check, but that it might be done after quite some time. The Chairman asked if the Town owed him any money and Mr. Raymond said that he did not believe so. Mr. Raymond said that this was not the only case, that there were 15 eases showing shortages. Mr. Giroux paid that these cases had been taken up with the Boston W. P.A. office and the men would not get any more money. Mr. Clark suggested that the Roache matter be taken up with the Boston W. P.A. office by Mr. Giroux. Mr. Giroux said that he would request the W.P.A. to send one of their finance men out here and interview each of the 15 men claim- ing shortages in the endeavor to straighten out the matters. Mr. Giroux said that he would try to straighten out the Roache and Kenego matters. 64 rl Mr. Raymond asked the Board if it wished to submit Washington the Washington Street drainage project as a W.P.A. project. Street Mr. Ross moved that it be submitted as a W.P.A. project. drainage. Mr. Potter seconddd the motion and it was so voted. Mr. Raymond said that the Hancock Street drainage would be a good W.P.A. project to work on this winter if Hancock for any reason work on our other projects is stopped-4 The Street funds are available as soon as the Town wants to furnish drainage. funds and do the work. The town's contribution to this project is $3, 000. The Chairman said that he could see no way that this project could be started until after the December Town Meeting. Mr. Raymond said that he bad asked Mr. Wrightington about the Independence Avenue situation. Part of Independence Avenue is a private way. He wanted to know as to the town's responsibility if it built a sewer in an unaccepted street after taking an easement, whether or not it would be liable if the material washed awayfrom around the manhole (pro- vided the town had restored the ground to its original position), if the water which caused the washing away came Signs on from accepted streets; and if the water overflowed from an private overflow catch basin and then washed it away. Mr. Raymond ways. stated that the whole thing came down to notifying the public that it is a private way. There is no notice to this effect and there are very few in the town. It is the responsibility of the Board of Selectmen to notify the public where it deems necessary that a way is not a public way. The question now is whether or not the Board is willing to erect "Private Way" signs on these rough un- accepted streets. There are about 200 needed. Mr. Ross asked if it would be necessary to have the name of the street on the sign and Mr. Raymond replied in the negative. He said it would cost $3. or $4. a sign, or about $1,000. to do the job. The Chairman said that there were no funds available for this now, but that the matter should be kept in mind for future consideration. Mr. Giroux stated that he thought there should be a Sign for sign on Forest Street at the knoll near Belfry Terrace Forest St. saying "Go Slowly - School Children". Mr. Raymond said that that was a traffic sign and he thought that there were some of them on hand. Mr. Raymond read a letter which he had received from Mr. Garrity stating that Lexington had abandoned sending out notices with regard to cleaning up trees of gypsy and brown tail moths, etc. , as the officials did not think it necessary. It is the duty of the Selectmen to determine the best way tohandle the situation. The work done on private property by contractors shall be inspected by the local Moth Supt . and Mr. Garrity felt that if this were done, it would build up his duties a great deal. He 65 suggested that a notice be inserted in the local paper advising property owners that gypsy and brown tail moths must be destroyed by December 1st, 1936. This notification is in accordance with Chapter 132, Section 18, General Laws, which requires cities and towns to destroyeggs, nests, etc. of such gypsy and brown tail moths under enalty for failure Gypsy and to comply with the provisions of the law. Mr. Garrity said brown tail that this would not mean that the town would be comms ting moths with private contractors but would give an opportunity for the Town to enter private property where it saw fit to des- troy the pests. Mr. Raymond said that this was a little different from what he had in mind. He thought the Town had the right to assess property owners for the cost of destroying the pests up to a certain percent of the assessed valuation and said that this could not be done unless notices had been sent out. He thought a detailed notice should be inserted in the local paper three times during the month of October. Mr. Giroux moved that the natter be left with Mr. Ray- mond and that he insert the notices in the paper and take up the matter with Mr. Garrity and decide the best thing to do. Mr. Ross seconded the motion and it was so voted. The Supt. of Public Works asked if the Board wished to Watertown approve the use of penolithic pavement on the Watertown Street Street cross-over. Mr. Clark moved that penolithic pave- cross-over ment be approved for the Watertown Street cross-over. Mr. Ross seconded the motion and it was so voted. Mr. Raymond said that there would be a hearing at East Cambridge, h Public Thursday, before the State Dept . of P blic Works and the County Commissioners so that the towns in Middlesex County would be given an opportunity to present work desired under Chapter 90 for 1937. Mr. Ross moved that Mr. Raymond attend the meeting. Mr. Giroux seconded the motion and it Chapter was so voted. 90 work Mr. Raymond suggested the construction of the following for 1937. streets: Waltham Street, from Blossom Crest to Old Concord Avenue; Watertown Street from the end of the new construction to the Belmont line; 6000 square yards of Chapter 90 mainten- ance. The Chairman stated that he would not be in favor of asking for the construction of Watertown Street to the Belmont line until such time as Belmont constructs the balance of the street in Belmont. He thought that there was a relocation planned near the golf links and this would no doubt cause trouble with the Club. Mr. Raymond asked if he should request the construction of the street at this 1 hearing if Belmont requested the construction of the street within the confines of the town of Belmont, and the Board instructed him to do so . Mr. Ross moved that the construction of Waltham Street II be submitted. Mr. Potter seccaded the motion and it was so voted. Mr. Clarkvoted in opposition to the matter. Mr. Clark moved that the maintenance of 6000 square yards of roads under Chapter 90 be submitted. Mr. Giroux 66ac seconded the motion and it was so voted. yC Mr. Raymond said that Lowell Street would be a logical one to ask for if it was not for the talk of the new Route 128. He said that Woburn Street would be taken care of under Chapter 90 maintenance. Mr. Raymond stated that the Fire Department had been rendered a bill for insurance similar to the one rendered Fire Dept. last year with the addition of new equipment. The bill insurance. amodnta to $102.98 and was made out in the middle of July but has not been paid. The Fire Department had failed to approve the bill stating that there were no funds provided in their appropriation to cover it. The Board of Fire Engineers felt that it was not necessary to carry this insurance. The Chairman asked Mr. Raymond if he had talked with Chief Taylor about the matter and he said that he had not . The Chairman said that he thought that perhaps there waa money enough in the Fire Department appropriation to pay the bill and he suggested that Mr. Raymond talk with Chief Taylor and see if they could come to some agreement, and if not, the Board could talk to the Chief about it. Mr. Raymond said that the Town Counsel had advised him ' Compensation with regard to compensation insurance for superintendents insurance. and clerks and stated that the town would have to vote co whether or not it wished to include the se persons. The Chairman thought that when insurance was being considered for next year, that this phase of it could be considered. No action was taken on the matter. Mr. Raymond said that all of the people on Bedford Sidewalks, Street within the area of the proposed sidewalk, with the Bedford St. exception of Mrs. Ryan, wished to have granolithic side- walks constructed. He said that if the Board approved it, the work would be started very soon. Mr. Clark moved that the project be approved. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond informed the Board that the Acting Supt. Phone for of the Water and Sewer Dept. had purchased a house on Acting Supt.Hancock Avenue and he would like to know if the Board . Water & would approve the installation of a house telephone at the Sewer Dept. town's expense. He recommended that an unlimited private phone be installed. Mr. Clark moved that the installation of an unlimited private phone be approved. Mr. Giroux seconded the motion and it was so voted. Vine Brook Mr. Raymond asked when the Vine Brook Committee was Committee. going to be appointed and when it was liable to get to work. Mr. Clark suggested that he contact the Moderator on the matter. Soundings. Mr. Raymond said that he had discovered no bad bottom from Butterfield 's Pond to Hayes Lane in making soundings and did not use all the money appropriated. He said that 67 he would like to use some of the money left for making sound- ' ings on Clematis Brook. Mr. Clark moved that this be approved. Mr. Giroux seconded the motion and it was so voted. Letter was received from the State Dept. of Corporations & Taxation advising that a hearing would be held on Oct. 16 for investigating the advisability of reviving laws relative Hearing to the reimbursement of municipalities for loss of taxes by mason of lands owned by the Commonwealth. The matter was held over for one week. In reply to the Board's request that he submit locations for mosquito control projects, Mr. Raymond submitted a letter listing the following locations: Clematis Brook, Mosquito Munroe Brook, Winning Farm, Shawsheen River and Tophet control Swamp and the rear of Carlson and Brown Greenhouses off projects East Street. Mr. Giroux moved that the projects be sub- mitted to the Dept . of Agriculture. Mr. Ross seconded the motion and it was so voted. A letter was received from the Supt. of the Park Dept. stating, that the flags at the Battle Green were in very bad Flags at condition and should be replaced. It will be necessary to Battle have one 6 x 10 flag at t cost of $6.91 and one 10i x 18 Green. flag at a cost of $21.45. The flag budget for 1936 has been exhausted. Mr. Garrity also requested that football standards be placed at East Lexington and a football field lined out, and he said that there was no provision made Football for this in his 1936 budget. Field - Mr. Clark moved that the flags be purchased and the East cost be charged to the Unclassified Account. Mr. Potter Lexington seconded the motion and it was so voted. The Chairman said that he felt that there must be sufficient funds in the Park Department appropriation to pay for the erection of goal posts and the lining out of the field, and suggested that Mr. Garrity have the work done and if there was a shortage at the end of the year on account of this expenditure, that it could be charged to the Un- classified Account. Mr. Potter stated that at the present time of year, Mr. Spencer in the Assessor's Office, had a great deal of spare time and he thought it would be advisable to have him Check on make a check of all the buildings in the Town to find out buildings if there was any property that was not being assessed. Mr. Clark moved that Mr. Spencer be authorized to do this work. Mr. Potter seconded the motion and it was so voted. Letter was received from the Town Accountant stating Town that a meeting of the Mass . Municipal Auditors and Comp- Accountait trollers Association would be held at Northampton, Mass. , re meeting on October 7th and 8th. He is a member of this Association and would like to attend the meeting but no provision for the expenses of attending any meeting outside of Boston was 68 made in his budget. It would cost between $10. and $12 to attend the meeting. Mr. Roes moved that Mr. Russell be authorized to attend the meeting and that the expense in- curred be charged to the Unclassified Account. Mr. Giroux seconded the motion and it was so voted. Letter was received from Philip B. Parsons of 18 Revere Street stating that the odor from the fertilizer used by the Tropeano's was extremely disagreeable and that a great many flies resulted from the manure being allowed to remain on top of the ground for a week or more. Mr. Parsons said Complaint that he had complained to both Dr. Crumb and Mr. Stevenson re odor and that they had ordered the manure turned under, which and flies. was done, but that when more was delivered„ it was allowed to stand. He asked that the Board of Selectmen see that a regulation enforcing manure to be plowed under the• day that it was dumped be carried out. Mr. Ross stated that he went up to the Parson house this afternoon with Mr. Stevenson and that the flies, which v were much larger than the ordinary house kly, were in his opinion a health menace. He said that the manure -was piled on the Tropeano farm and that the odor was very disagreeable. Mr. Potter stated that there was no need of Tropeano piling up the manure and that he could leave it at Rydera or wherever he gets it until he needed it. The Chairman suggested that the Board get an opinion from the Town Counsel as tohow far it can go toward enforc- ing a regulation that manure be plowed under the same day it is delivered, and it was agreed to do this. Mr. Potter moved that Mr. Stevenson call on the various farmers and instruct them to plow manure under within twenty-four hours. Mr. Ross seconded the motion and it was so voted. Letter was received from the Chief of Police of Arl- ington stating that the Selectmen bad not adopted specific rules for covering the riding of bicycles but that he had Bicycle issued an order setting forth certain rules for the men regulations.of the department to enforce insofar as bicycle riding was concerned. He enclosed a Dopy of the order. Mr. Potter moved that the order be turned over to the Chief of Polioe for notice and recommendation. Mr. Ross seconded the motion and it was so voted. Condinho Board of Appeals order of findings giving permission order. to Mary 3. Condinho of 610 Waltham Street to maintain a roadside stand was received by the Board. Mr. Clark moved that the following licenses be granted: Elizabeth M. Burton - Colony Road - Boarding of Infants Licenses. John W. Leary - 45 Waltham Street - Publlc Carriage George W. Bean - 359 Bedford St. - Golf Driving range for Sundays in October. Mr. Potter seconded the motion and it was so voted. 69 Mr. Clark moved that the application of John F. Canessa of 41 Albemarle Avenue for a Junk Collector's License be Junk denied inasmuch as the locus is not in a business zone. Mr. Lieense. Potter seconded the motion and it was so voted. Letter was received from the Clerk of the Board of Registrars of Voters stating that the registration of new voters would be as follows: Registra- Sept. 30, 1936 - Town Office Bldg. - 7:00 to 9:00 P.M. tion dates October 7, 1936 - Adams School - 7:00 to 9:00 P.M. October 14, 1936 - Town Office Bldg. - 12 noon to 10:00 P.M. October 14th is the last date for rdgiat:2ation before the election to be held November 3rd. dommitment of water rates for Seotion 2 in the amount of *6667.53 was signed by the Board. Commitment Mr. Clark moved that the Planning Board be invited to appear before the Selectmen on October 13th to discuss Planning the matter of that Board combining its present powers and Board. the powers of the Board of Survey. Mr. Giroux seconded the motion and it was so voted. Mr. Mitchell discussed Welfare matters with the Board, Welfare. The meeting adjourned at 11:05 P.M. ' A true record, Attest: /0-11- Clerk,