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HomeMy WebLinkAbout1936-11-17 130 crJ rl SELECTMEN'S MEETING NOV. 17th, 1936 1 A regular meeting of the Board of Selectmen was head at the Selectmen's Room, Town Office Building, at 7:30 P.M. Chairman Ferguson, Messrs. Potter, Ross, Clark and Giroux were present. The Clerk was also present. At 8:00 P.M. Messrs. Howard E. Custance, Charles J. Dailey, Irving B. Pierce, and Hiram W. Jackson, Jr. , the four Wardens, appeared before the Board. The Chairman told them that the Board thought it would be a good idea to talk with them to hear any criticisms or recommendations regarding Elections. Mr. Jackson said that there should be enough tally sheets printed up before the election so that the election officers would not have to stop and make up additional one a. Mr. Dailey said he had one complaint, and that was the shortage of help, especially in the morning. Only the four chief officers appear early in the morning when the polls open. He said that the law stated that the Selectmen could appoint tellers a Certain time before the election, and also they could appoint officers "to Wardens. assist at the ballot box." He suggested that two tellers be there at the opening of the polls. He said that the Warden was responsible for the election and the other officers realize that, and are not as careful as they should be. Mr. Dailey said that he did not have much fault to find with the help in East Lexington. -- Mr. Pierce stated that his outfit was pretty much shaken up this year, and that he could not depend on the workers as they were hew. He said that he did not have much difficulty at the primary election, and did not have much trouble this last election after he got in the extra help. The Chairman said that it would help the Board if the Wardens would let them know who the good workers were. Mr. Custance said that in Precinct 4 he had as good a crew as he ever did. The Chairman said that the Town Clerk had suggested that Precinct 4 vote in Parker School rather than in the basement of the Cary Memorial Building. Mr. Pierce said that the Clerk was an important officer and that if he was absent it was essential that his deputy be a good person. Mr. Giroux stated that the Clerk in Precinct 2 complained very much about the food served at the last election. Pierce said that the wafters got down to the polls at 5:45 A.M. , probably had some breakfast and went home to lunch, but that they had to be on the job until 12:00 or 1:00 o'clock, and that sandwiches and coffee at six o 'clock was not sufficient. 131 The Chairman stated that the main reason for supplying a meal was to save time, and he asked if the Wardens felt that enough time was saved to warrant the town supplying a hot meal in the evening, and they thought that there was. Mr. Dailey said that there was no place in E. Lexington to go out and buy a meal. Mr. Clark asked if the polls were open too long. Messrs. Custance and Pierce thought that the primaries were open too long, and said that there was no need of opening until eight o'clock. Mr. Dailey thought that the polls should be open only from twelve noon to eight o'clock at the primaries. Mr. Clark remarked that the voting list was made up according to streets now, and asked if that held them up. They replied in the affirmative, and said that it was much harder than with the list made up according to name. They all recommended that the list be made up according to name. Mr. Pierce said that the wardens knew who were good for working at the polls and might assist in making up the list next year. The Chairman said that he thought it would be a good idea for the wardens to send in a possible list to pick from. Mr. Pierce and Mr. Dailey thought that at least two more tellers should be appointed. The Chairman told the wardens that when they put on additional help that they were to be of equal representa- tion from each p©litical party, and that the wardens were to record the time of starting and finishing work. Pierce thought that it would be a good idea to have the tellers there at least one hour after the opening of the polls. Mr. Dailey said that at the last election, he had to request the police officer on duty to keep outside of the guard rail twice. The Chairman said that the Board would write a letter to the Chief requesting that he give the officers instructions as to their duties at the polls. They retired. Mr. Raymond advised the Board of an insurance policy expiring on December 5th in the amount of $4925. through the office of William H. Ballard. Mr. Clark moved that Insurance the policy be renewed through the office of Mr. Ballard. Mr. Giroux aeconddd the motion, and it was so voted. The following bids were received for supplying a hot water heater at the Town Offices: Lexington Plumbing & Heating Co. $110.00 - 80 gal. 250# test Copper, 20 year guarantee, Joseph W. Buckley - 0138.00 - 40 gal. Monel storage system Hot Lester Andrews - $172.00 - 32 " Kompac Gas Heater water 237.00 - 50 " " " " heater. 173.00 - 30 " Gasco " 177.00 - 45 " " n " 132 CD (Cont. ) Lester Andrews - $116.00 - 40 Gal. Monel Metal Gas Water Heater 56.00 - Repairing present boiler. Lexington Plumbing & Heating Co. -$92.00 - 40 gal. 300# Test Monel Metal heater $85.00 - 30 gal. 300# Test Monel Metal heater Mr. Giroux moved that the Board approve the purchase of the 40 gallon 300# test Monel Metal heater from the Lexington Plumbing and Heating Co. at their bid of $99.00. Mr. Potter seconded the motion and it was so voted. The Town Counsel appeared before the Board to dis- Curran cuss the Curran case. Mr. Giroux moved that the Town case. Counsel be authorized to try to affect a settlement for $100.00. Mr. Potter seconded the motion, and it was so voted. Letter was received from J. Warren Killam, Jr. regarding the case of Town of Lexington v. Alfred C. Brousseau et al. He said that his clients had been unable to secure a $10,000. bond. He said that tech- nically because of that they were in contempt of court, but he doubted that the court would impose too severe a penalty for the failure to perform an impossible set. Lexington He said that if the bonding company which was on the risk v. for the first year could be released so that the $1,000. Broussdau which they held as collateral for the bond could be had, he believed his clients could find an additional $1,000. mkking a total of $2,000. which could be deposited in any bank the Board named in escrow in lieu of the bond. Mr. Kilham said that he had confirmed the matter with his clients and that it was possible. The Chairman asked how the Board would feel if the Town Counsel was empowered to arbitrate and allow the defendants to furnish a $5,000. bond, provided they agreed to stop all further litigation. The Town Counsel asked if a $5,000. bond would protect the Town, and Mr. Potter said that it would. Mr. Giroux moved that the .Town Counsel be authorized to proceed in accordaAte with the Chairman 's suggestion. Mr. Ross seconded the motion, and it was so voted. Mr. Raymond reported that the payroll for erecting Snow fence and removing the snow fence at the ball field on Armistice at ball Day amounted to $25.80, and said that the Board had not field. instructed him as, to what account this was to be charged to. He sent the bill to the High School Athletic Association, and it was voted not to pay the bill. Mr. Clark moved that the payroll be charged to the- Park Dept. appropriation. Mr. Potter seconded the motion, and it was so voted. 133 Mr. Raymond informed the Board that he thought that space should be provided at the barn at #9 Hancock Street Repairs for the storage of small tools, etc. , and that he had to baxh,i, told the Supt. of the Park Dept. to put up a wire cage 9 Hanbock at an expense of less than $100. , and he thought that Street it should be paid from the Shade Tree Appropriation. Mr. Ross moved that the expenditure of a sum not to exceed $100. for the construction of this cage be approved. Mr. Clark seconded the motion, and it was so voted. Mr. Raymond advised the Board that no funds were to Snow be allotted for Snow Removal from Federal appropriations. Removal Mr. Raymond said that he had received a letter from property owners on Crescent Hill Avenue requesting a street light at the end of the street. He talked to Request someone on the street, and was shown the pole on which for street the residents want the light, but the pole is in Arl- light on ington. The Chairman suggested that he talk with Ayling- Crescent ton to see if that Town will install the light. He agreed Hill Ave. to do this. The Board discussed with Mr. Raymond the funds needed for the balance of the year . Mr. Raymond s aid that he thought it would be a good idea to appropriate money at the coming town meeting to pay for the Ediphone ($560) and the Warren Bros . bill ($402) . He requested the sum of $250. for repairs to the Town Offices and Cary Memorial Building for painting sills, iron work, etc. The Chairman said that he thought it would be better to ask for this at the Annual Meeting rather than now. Mr. Raymond said that for $130. he could have the caulking, painting of sills and puttying of the Town Offices done, Supt. of as this was the bid submitted by Frank Tobin. Mr. Ross Pub. Works moved that Frank Tobin do this work for the specified sum re: ro- of $130. Mr. Giroux seconded the motion, and it was so quests for voted. appropria- Mr. Raymond said that a jack was needed for the tions. public Works Building, as at the present time it is impossible to change a tire when a truck has a load on it. He requested approval of $129. for the purchase of a jack. The Chairman said that he thought that the money for the Ediphone should not be asked for until the Annual Meeting, and that only what was absolutely necessary should be requested now. No further action was taken on the matter. Mr. Raymond said that there was about $800. left in the Highway Department - Salaries - account on account of the fact that O'Connor was paid from the labor and Materials Account part of the year. He suggested that this amount be transferred to the Highway Maintenance appropriation, and that the Warren Bros. bill of $402. be paid from it. Mr. Giroux moved that the Board request the Town to transfer the balance in the Highway Maintenance- 134 salaries - appropriation to the Highway Maintenance Account. Mr. Clark seconded the motion, and it was so voted. Mr. Giroux moved that the Board approve the sum of $3683.00 for Insurance. Mr. Clark seconded the motion, and it was so voted. Mr. Giroux moved that the Board approve the sum of $129. for Public Works Building Equipment. Mr. Ross seconded the motion, and it was so voted. Mr. Raymond said that he estimated that it would cost $4,000. to carry the Public Works, Labor and Materals Account until the Annual Meeting. Mr. Giroux moved that the Board approve the sum of $4,000. for this account. Mr. Clark seconded the motion, and it was so voted. Letter was received from the Town Accountant with reference to the Elections and Registrations Account. In accordance with the Board's request for a transfer of $56.54 to cover payrolls for the election officers who worked on November 3rd, the Appropriation Committee Elections & voted to transfer this amount from the Reserve Fund. Registra- At the present tine there are 182.60 outstanding in tions. bills, and bills amounting to 77.00 will come in later. This makes a total of 259.60, and of this amount $21. is for labor at the polls, and the balance of $38.50 is for work done by Ball & Ball. Mr. Ball is very anxious to get his money. Mr. Giroux Moved that the Board ask the appropriation committee to transfer $59.50 from the Reserve Fund, and approve the appropriation and transfer of $200.10. Mr. Clark seconded the motion, and it was so voted. Soldier's Letter was received from Mr. Mitchell advising that Relief there were sufficient funds remaining in the Soldier 's Relief appropriation to last until January 1, 1937. Mr. Mitchell reported that $20.00 would be required Military for the Military Aid appropriation to carry through the Aid. balance df the year. Mr. Giroux moved that the Appropriation Committee be requested to transfer this amount from the Reserve Fund. Mr. Ross seconded the motion, and it was so voted. Mr. Mitchell reported that there was a balance of $3,200. in the Old Age Assistance account, including Federal grants already received, and that it would Old Age require at least $3,000. to carry the account through Assistance. November and December. Bills received from other cities and towns amount to $800., and it is possible that another remittance of Federal funds in the amount of 1500. will be received. He therefor requested that 500. be transferred from E. & D. , and said that it was possible that $1 000. would be needed. Mr. Clark moved that the sum of $500. be approved for transfer. Mr. Giroux seconded the motion, and it was so voted. Mr. Mitchell reported that he hstithatsd .that $7,000 Welfare . would be needed for Public Welfare to carry through November and December. Mr. Giroux moved that $7,000. be approved for transfer. Mr. Clark seconded the motion, and it was so voted. 135 The Chairman reported that he had talked to the Chairman of the Appropriation Committee relative to replacing the old 4" water main in Eustis Street with Eustis St. an 8" main, and that Mr. Rowse did not wish to approve water main charging the coat of the work to the Water Maintenance appropriation until the matter had been taken up with the Appropriation Committee. Mr. Raymond reported that he had received a bill of 410.40 from Victor Harmon for repairing the radio of Alf Kargaard of 226 Lincoln Street. He said that they had a blast on Lincoln Street a couple of months ago, and the radio was working all right before the blast, Kargaard but was not working all right after the blast. Mr. radio Paxton reported the matter to Mr. Raymond some time later. He asked Paxton if he had had any other com- plaints, and Paxton replied that he had received a complaint from a Mr. King about his radio, and the Board had authorized the repairs necessary, so he therefor told Paxton to hire someone to fix the Kargaard radio. Mr. Harmon said that it was quite possible that the damage resulted from the blast. Mr. Clark moved that the bill of $10.40 be approved. Mr. Giroux seconded the motion, and it was so voted. Mr. Raymond informed the Board that as near as he could determine there were no restrictions in the Cary and Farnham will about putting up signs on the lawn in Signs in front of the Cary Memorial Building. He said that the front of will referred to the building itself, and the land Cary Hall belonged to the Town. The Chairman suggested that the Board write the Trustees of the will to get their reaction to the erection of signs . Mr. Raymond said that he thought that signs would be within the spirit of the will. i V Mr. Raymond read a letter which he had received from Joseph A. Ross, Acting Supt. of the Water & Sewer Dept . , stating that he had received an application for a sewer service to Lot #16, Robbins Road. The main sewer comes only to the lot line and there, is a manhole at the end. By running a line at an angle the lot could be served. Sewer However, any fixtures in the basement would have to be service and connected with a cesspool, as the sewer is not deep entry fee enough to take care of the cellar? fixtures. Mr. Ross for Lot #16 had rendered Robbins & Smith, the owners of the lot, a Robbins Rd. bill in the amount of $150. as an entry fee, this being the amount that the assessment would be. Robbins and Smith have asked an abatement of $100. Mr. Raymond said that eventually there will be a sewer in Lexington Avenue (this lot is on the corner of Lexington Avenue and Robbins Road) , and that the lots could be serviced from this sewer. Mr. Ross moved that a charge of $100. be made as an entrance fee rather than the $150. Mr. Giroux seconded the motion, and it was so voted. 136 cn rn Mr. Raymond said that the thought had occurred to Plowing on him that perhaps the Board might want to insert a notice private ways.in the paper to the effect that the Town would not plow the streets which were not public ways unless the owners smoothed them up. The Chairman suggested that Mr. Ray- mond make up such a notice and submit it to the Board next week. Letter was received from the Town Counsel relative to Mrs. Mary Yadwish. He said that the Board of Health had the authority to apply under G.L. Ch. 111, sec. 96 to the District Court of Concord for a warrant to a constable requiring him under the direction of the Board of Health to remove her as a person infected with a con- tagious disease to a hospital in any town established for the reception of persons having a disease dangerous to the public health provided the assent of the Board of Yadwish Health of the town to which such removal is to be made case. shall have been obtained. She should be removed to the State Infirmary at Tewksbury. Mr. Wrightington had talked to Mr. Goodhue, the agent of the Dept. of Public Welfare of the State in charge of these matters, who recommended that we first make application to the Concord Court for the warrant without obtaining the assent of the Board of Health of the Town of Tewksbury, and said that if the Court felt that such assent must be obtained first, he would then have his agents in Tewksbury obtain it for us. The Board observed the copy of the letter written by Dr. Sumner H. Remick, M. D. to Dr. Crumb dated August 31, 1936, giving a diagnosis of far advanced bilateral pulmonary tuberculosis, and stating that there had been progression in the last three years. Sanatorium admission was advised. Upon motion of Mr. Giroux, seconded by Mr. Potter, the following resolution and vote was adopted: WHEREAS The Board of Selectmen, acting as a Board of Health, has received the opinion of Dr. Sumner H. Remick, as the result of a recent medical examination, that Mrs. Mary Yadwish, now living at 32 Massachusetts Avenue, Lexington, a two family house, who has no legal settlement in Lexington or elsewhere in the commonwealth, is infected with tuberculosis and that her condition is dangerous to the public health and the Board has caused an investigation to be made and is of the opinion that the patient cannot properly be isolated and that it is the duty of the Board in accordance with G.L. Ch. 111, sec. 95 to provide immediately for her removal to a hospital for the care of tuberculosis patients, it is therefore unanimously VOTED: That Dr. Harold J. Crumb be and he hereby is directed to apply to the District Court of Central Middlesex for a warrant for the removal of Mrs. Mary 137 Yadwish to a hospital. FURTHER VOTED: That pursuant to such warrant she be removed to the State Infirmary at Tekksbury, Massachu- setts, as soon as it is prepared to receive her. Letter was received from the Chief of Police advising that he had granted Patrolman Francis T. Neal, Jr. two days ? vacation with pay for his meritorious police work Time off on the Robert Dickerson case. By his diligent efforts, for Neal. he was able to secure finger-prints on furniture which was the only evidence the police had to secure the con- viction. On November 13, 1936, Robert Dickerson was given a term of five to seven years at State Prison. Mr. Potter moved that the Minute-Man be shown a copy of the letter. Mr. Clark seconded the motion and it was so voted. Letter was received from Roger D. Long advising that Town the General Executive Committee of the Town Meeting Meeting Members was to hold a meeting on November 30th, and Members inviting the Board to attend. Assoc. Mr. Ross moved that a Town Meeting be held on Monday, Town December 7, 1936. Mr. Potter seconded the motion, and Meeting. it was so voted. Letter was received from the Town Counsel advising that the total costs in the Brousseau case amounted to $119.90, and he enclosed checks in the amount of $12.50 each for the Selectmen, and one for $32.40 made to the Brousseau order of the Town. His bill for disbursements amounted case. to $28.10, and he also enclosed statement of costs for witness fees to be paid to the following: James J. Sullivan, 3 days, $5.; Robert P. Trask, 3 days, $5. ; John M. Barry, 1 day, $2. ; George E. Smith 1 day, $2. Mr. Ross moved that the bills be approved and charged to the Law Department appropriation. Mr. Giroux seconded the motion, and it was so voted. Letter was received from the Minute-Man Sportsman's Club, Inc . advising that it wished to locate a sign on Signfor the southwesterly side of Mass. Ave. opposite Wood Sportsman Street, and a sketch of the sign was enclosed. Mr. Gir- Club. oux moved that the matter be referred to Mr. Raymond for approval. Mr. Ross seconded the motion, and it was so voted. Letter was received from Judge Pierre A. Northrup Judge stating that the heirs of William L. Barnes had asked Northrup him to represent them in connection with the proposed re: Barnes sale of their property on Mass. Avenue to the Town of property. Lexington. Judge Northrup said that he would be pleased to meet with the Selectmen to discuss the matter. Mr. Clark moved that Judge Northrup be invited to appear 138 before the Selectmen next Tuesday evening. Mr. Giroux seconded the motion, and it was so voted. Notice was received from the State Dept. of Public Works advising that assistance on snow work would be Snow given on the following ways removal on Chap. 90 Auto Route No. From To Length (Miles) roads . 2A State Highway - State Highway .20 2 Arl. Line - Lincoln Line 3.65 2A Arl. Line - Lincoln Line 5.28 (in two sections ) 4 Bedfor Line s. e. 1.52 128 Woburn line westerly .34 Letter was received from George W. Sarano inform- ing the Board that the billboard which was located at the Billboard. corner of Marrett Road and School Street had blown down and requesting the Board to do whatever possible to avoid its being rebuilt. Mr. Giroux moved that the Building Inspector get all the information he could nn the matter and contact the Town Counsel to see what could be done to prevent the sign being put up again. Mr. Ross seconded the motion, and it was so voted. Letter was received from W.B. C. Meady with regard Meady to the case which he has brought against the Town. Mr. case. Meady stated that he was not antagonistic or arbitrary in regard to the matter and would welcome overtures from the Board for a friendly settlement . Mr. Ross moved that the letter be referred to the Town Counsel for his opinion in the matter. Mr. Potter seconded the motion and it was so voted. Letter addressed to Mr. Raymond from the W.P.A. was Historical received regarding a historical research project for records copying historical records that might be in private survey. hands. Mr. Giroux moved that the matter be referred to Mr. Worthen and that the writer of the letter be so advised. Mr. Potter seconded the motion, and it was so voted. Letter was received ffiom one Herman T. Wheeler of Bus stop at Lincoln requesting that the Board change the bus stop Lincoln St. for the Lovell Busses at the junction of Lincoln Street and Marrett and Marrett Road so that the parked busses would not Road obstruct the view of motorists. Mr. Giroux moved that the matter be referred to Mr. Raymond to locate a bus stop so as not to obstruct the view of motorists, and that the Lovell Bus line be notified of the change in the bus stop. Mr. Ross seconded the motion, and it was so voted. 139 Petition was received from the "dison Elec. Ill. Co. and the NewEngland Tel. & Tel. Co. for joint locations of Pole seven poles on Plymouth Road between Richard and Robbins locations Roads. Mr. Clark moved that the petitioners be granted joint locations for the seven poles on Plymouth Road between Richard and Robbins Road. Mr. Potter seconded the motion, and it was so voted. Petition was received from the Edison Elec. Ill. Co. and the New England Tel. & Tel. Co. for joint pole locations of two poles on Richard Road between Tower Pole Road and a point opposite Plymouth Road. Mr. Clark locations moved that the petitioners be granted joint locations for the two poles on Richard Road between Tower Road and a point opposite Plymouth Road Mr. Potter seconded the motion and it was so voted. Request was received from the Town Meeting Members Committee Association requesting the use of a committee room in Room for Cary Hall on November 30th. Mr. Clark moved that the use Town Meet- of a room be granted. Mr. Ross seconded the motion, and ing Members it was so voted. Letter was received from Edward H. Mara requesting that the Town pay him a bill of $12.00 for repairing damage to the Kenney house on Spring Street last April. Mr. Mara said that Mr. Trask called him and asked if he would install a new window, finish it inside and out- Marals bill side with two coats of paint, and the work was done. for work The bill has never been paid. The Chairman said that at Kenney's the work was a W.P.A. job, and that Mr. Trask ordered House. Mara to do the work. The W.P.A. Zone Engineer did not approve the bill because he said that Mr. Trask had no right to order the work done. Mr. Clark moved that the bill be paid and charged to the W.P.A. Labor and Materials Adcount. Mr. Ross seconded the motion, and it was so voted. Notice was received from Robert S. Sturtevant of the expiration of a fire insurance policy under blanket Insurance schedule in the amount of $15,000. on December 5, 1936. renewal Mr. Clark moved that the policy be renewed for a period of five years through the same office. Mr. Giroux seconded the motion and it was so voted. Notice was received from Elmer A. Lord & Co. of the expiration of a fire insurance policy under blanket Insurance schedule in the amount of $25,000. on December 5, 1936. renewal Mr. Clark moved that the policy be renewed through the same office for a period of five years . Mr. Potter seconded the motion and it was so voted. IA0 ri Mr. Giroux stated that the Community Fund Campaign Community was asking all cities and towns to provide office Fund quarters for the Chairman in the community. Mr. Ross Campaign. moved that Mr. Giroux be authorized to use one half of the Chairman 's desk in the Selectmen's Room. Mr. Clark seconded the motion and it was so voted. Qontract for The contract for the construction of 250 ' of road- Watertown way in Watertown Street under Chapter 90 was signed by Street. the Board. Chap. 90 Bills for Chapter 90 Maintenance in the amount of bills $3,666.67 were signed by the Board. The Welfare Agent discussed welfare matters with the Welfare. Board. A true record, Attest: Clerk.