HomeMy WebLinkAbout1936-12-22182
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SPECIAL MEETING
DECEMBER 22nd, 1936. '
A special meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building, at
3:30 P.M. Chairman Ferguson, Messrs. Potter, Giroux,
Clark and Ross were present. The Clerk was also present.
Mr. Raymond appeared before the Board to discuss
budgets for 1937.
The budgets were discussed as follows:
Public Works Building.
r. Clark requested the Supt. of Public Works to
make a study and recommendation of heating the Public
Works Building. He said at the present time the
�.ublie Works building was being heated at a very high overhead and
Building, that the garage was being heated. Mr. Clark said
that he had visited the building on two Sundays and
found it to be as warm as his own house.
The Chairman requested Mr. Rsymond to -explain why
he had asked for an additional $100. for electric light
and power, and requested him to furnish the Board with ,
detail on the supplies needed.
Mr. Raymond said that he was requesting $50.00
for gasoline and oil as it was his intention to request
a pick-up truck for the mechanic to use and this gas and
oil would be used in the new truck.
Ashes and Dumps.
The Board asked Mr. Raymond why there was an in-
crease in the Labor appropriation when there was one
dump less to take care of. Mr. Raymond stated that
Ashes and there was a longer haul on account of cutting out the
Dumps. Pleasant Street dump and that there were more ashes to
move. He said they wanted to stop the dumping at the
Public Works Building and that the cost of smoothing
over the dump on Lincoln Street would be higher.
Mr. Raymond said that he was asking $50. for Gas
and Oil for the truck and tractor equipment. He said
that the $25. item under Equipment and Repairs was for
tools, etc. The $25, item under Miscellaneous covered
j fences, painting of fences, etc.
Street Sians.
Mr, Raymond said that it was proposed to start in
putting new signs along Mass. Avenue. He said that
this year all the work done was maintenance work and ,
that practically no new signs had been put up. He said
that the $200. appropriated in 1936 did not even pay
' for the labor. He figured $600. for thirty new street
signs for the streets running off Mass. Avenue from the
Arlington line.
He said that he wanted to put up "Private Way" signs
as the Town Counsel had written him that it was very
important that private ways be so marked and he said
that one suit might make up the difference in the approp-
riation requested for 1937 and that received for 1936.
The new signs would be of metal. Mr. Clark asked how
many metal signs would be erected that would replace
present "private way" signs and Mr. Raymond said that
practically none would be replaced.
The Chairman requested Mr. Raymond to have Mr.
Paxton submit a written report on the number of signs to
be erected, kind, location, etc.
Traffic Regulation and Control.
The Appropriation requested this year was $1417,00
and the amount requested for next year is $1800. Mr.
Raymond said that the appropriation requested was the
same as this year with the exception of the cost of
installing and maintaining new lights in the center.
Mr. Raymond said that he estimated that it would
cost approximately $300. for the new lights, but said
that he should have a definite figure by next week.
' Mr. Raymond said that the Town is very poorly
equipped with signs for curves, blind streets, etc.
The item for $300. under Lights is to cover the bill for
power.
Highway Department New Equipment,
Mr. Raymond requested a new truck and he said he
thought he could duplicate the Federal truck just pur-
chased for $1250. He now has five trucks operating in
the Highway Department including the new Federal, and he
said that six were needed.
Mr. Raymond said that he was requesting a diaphragm
pump and he said he might purchase the one now being
used on the Mill Brook project which is a 15,000 gallon
minimum centrifugal pump. He has an agreement with The
Equipment Company that any rental now being paid will go
toward the purchase price of the pump He said that the
Highway Dept. needed a pump for drainage work. He said
that if the W.P.A. work was given up perhaps they could
get along without the pump.
Mr. Raymond said that he was requesting $1000. for
.a street sweeper. He said this was for a new broom to
put on back of the tractor and probably it could be used
behind the truck. He said that the old sweeper was re-
braamed last year and he thought it was beyond repair.
The Dhairman requested that Mr. Paxton submit a report
as to the necessity of buying a new sweeper.
Mr. Clark stated that he had had several complaints
Street
signs.
Traffic
regulation
and
control.
Highway
Department
new
equipment
184
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last year that too much sand was used on the streets
and he asked Mr. Raymond to check up on the matter.
'
Mr. Raymond said that he was requesting $400. for
a portable gas hammer. This is a paving breaker to
put on the patching truck to save from using the
compressor.
Mr. Raymond said that the item. of $200, for the
Jack -hammer was for the compressor. They had a lot of
trouble with the Jackhammer they have now and have
spent $60. or $70. for repairs.
Mr. Raymond said that Mr. Paxton has had a lot of
trouble with his car and he was requesting $700: for
the purchase of a new car. The Chairman requested that
Mr. Paxton furnish more detailed information as to why
a11,: -this equipment was -needed and also to explain why
he was requesting $700, for a new car when it should
be much less than that considering the turn -in value of
the old car.
Curbing.
Curbing.
The budget for curbing amounted to $2000. and Mr.
Raymond was requested to have Mr. Paxton report as to
where this curbing was to be set and the length to be
set.
Supt, of Public Works' Office.
,
T e Supt's. salary remained the same, but an
Supt. of
increase to $21. was requested for the Secretary. leo-
Pub.Work's
action was taken on either of these items.
Office.
Mr. Raymond said that he had requested $185. to
cover the expense of running the Superintendent's car
and he said that previously this expense had been charged
to Water Maintenance but he thought it should be charged
to this account. The item of $550. is for the Ediphone
equipment. The Chairman said that in September, the
Appropriation Committee agreed to recommend the purchase
of this equipment at the Annual Town Meeting.
Town Office and Cary Memorial Buildings.
. Raymond said that e a f gured on increasing
Town Office the salary of Mr. Moloy from $35. to $37. per week and
and Cary the salary of Mr. Murray from $22. to $25. He had
Mem. Bldgs, included an item,of $200. for Extra Labor. He said that
he talked with Mr. Moloy who said that he really could
not have another man do the•night work at the Cary Mem-
orial Building on account of operating the switchboard,
etc. Mr. Raymond said that he would recommend that Mr.
Moloy be paid $2. each night for functions which were
strictly not Town'functions.
Under Telephone, Mr. Raymond said that in August
he estimated that $1680'. was going to be needed to
complete the year but said that the bill was $25, under
that estimate for the last four months. He said that
185
Engineering Department.
The salary- of the Town Engineer was figured at his
present rate of salary but the salar of the Assistant
Engineer was figured at the rate of 444. per week. Mr.
Raymond reminded the Board that it voted.some time ago
to recommend an increase to Mr. Higgins to $44. per week
' the first of the year provided he remained with the Town
and did not take the position he was offered at that time.
Mr. J. B. Lewist salary was figured at his present rate
and it was recommended that A. A. Miller*s salary be
increased from $22. to $25. per week and John Litchenberg's
from $17. to $18. per week. George Harrington's salary
was figured at the same rate. Mr. Raymond said that
when this budget was made up, it was his intention to Engineering
have Harrington stay in the Engineering Dept. but since Department
then Harrington had talked to Mr. Joseph Ross and had
promised to show more interest in the Department, etc.,
and he wanted to stay in the Water Department. There,
is plenty of work f or- him to do there and if he works
out as he shouldhe probably will be allowed to stay
there.- He had figured $780. for L. Farnham and he said
that this was based on the assumption that the present
W.P.A. arrangement continued. Mr. Raymond said that the
Town did not employ enough engineers and that if any ex-
tensive construction program -was contemplated, another
full party should be engaged.
The sum of $425. was requested for a new Ford Tudor.
Mr. Clark asked if there would be any difference in the
net cost of a Chevrolet and a Ford.
Mr. Raymond said that he had insisted on having a
great many more blue prints since he had been here than
e ever were had before.
The Chairman requested him to furnish detail on the
amount of supplies requested.
The meeting adjourned at 5:40 P.M.
A true record, Attest; _��CX�.��•��2
C-erk
the bill for Light has run over his estimate by $55.
for the past four months. The item of $190 under Gas
'
was to cover the cost of operating two hot water heaters.
The Coal item amounted to $1800. and it was suggested
that Mr. Raymond furnish information as to the amount of'
coal burned in the past three or four years and more in-
formation as to how he arrived at this figure for 1937.
Mr. REymond requested the sum of $350. for repairs
and he•said that this would take care of painting the
iron work, fixing the roof, etc. He said that he had
allowed $100, under this item for contingent repairs.
He was requested to give more information on this item.
The sum of $500. was requested for Supplies and
Mr. Raymond said that this was to pay for towels, soap,
liquid floor wax, etc. for both buildings.
The Chairman requested Mr. Raymond to give more
information as to the amount of each item that would be
needed, the approximate cost, etc.
Engineering Department.
The salary- of the Town Engineer was figured at his
present rate of salary but the salar of the Assistant
Engineer was figured at the rate of 444. per week. Mr.
Raymond reminded the Board that it voted.some time ago
to recommend an increase to Mr. Higgins to $44. per week
' the first of the year provided he remained with the Town
and did not take the position he was offered at that time.
Mr. J. B. Lewist salary was figured at his present rate
and it was recommended that A. A. Miller*s salary be
increased from $22. to $25. per week and John Litchenberg's
from $17. to $18. per week. George Harrington's salary
was figured at the same rate. Mr. Raymond said that
when this budget was made up, it was his intention to Engineering
have Harrington stay in the Engineering Dept. but since Department
then Harrington had talked to Mr. Joseph Ross and had
promised to show more interest in the Department, etc.,
and he wanted to stay in the Water Department. There,
is plenty of work f or- him to do there and if he works
out as he shouldhe probably will be allowed to stay
there.- He had figured $780. for L. Farnham and he said
that this was based on the assumption that the present
W.P.A. arrangement continued. Mr. Raymond said that the
Town did not employ enough engineers and that if any ex-
tensive construction program -was contemplated, another
full party should be engaged.
The sum of $425. was requested for a new Ford Tudor.
Mr. Clark asked if there would be any difference in the
net cost of a Chevrolet and a Ford.
Mr. Raymond said that he had insisted on having a
great many more blue prints since he had been here than
e ever were had before.
The Chairman requested him to furnish detail on the
amount of supplies requested.
The meeting adjourned at 5:40 P.M.
A true record, Attest; _��CX�.��•��2
C-erk
186
SELECTMENtS MEETING'
DEC. 220 1936. '
A regular meeting of the Selectmen was held in the
Selectmen's Room, Town Office Building, at 7:30 P.M.
Messrs. Potter, Giroux, Clark and Ross were present.
The Clerk was also present. Mr. Potter was elected
Chairman pro -tem in the absence of Mr, Ferguson.
The Chairman pro -tem informed the Board that the
heads of various departments had asked what the Board
Saturday, wanted to do about Saturday, December 26th. He ex -
Dec. 26th plained that in Arlington the Town Hall was to remain
open with a skeleton force on hand and that those people
who had to work this Saturday might have the following
Saturday morning off. Mr. Clark moved that the Town
Offices be kept open on Saturday, December 26th.with
a skeleton force and further that those% -,persons working
Saturday, December 26th, might have the privilege of
having the following Saturday morning off. Mr. Ross
seconded the motion and it was so voted.
The Supt. of Public Works stated that he had
investigated the drainage trouble near the Hill house
at 2101 Mass. Ave. He said that somebody had been
Hill driving in on the lawn strip in front of the house so ,
drainage. that the grass had not caught. The only way.to remedy
the trouble was to put in an armored shoulder or curb.
He said that a piece of a -orb 25 or 30 feet long could
be put in for $$1.50 per foot. He stated that.the wash
could be filled in if it got dangerous.
No action was taken on the matter.
Mr. Raymond reported that the drainage difficulty
Drainage on Mass. Avenue at the Catholic Church can never be
at Catholic made satisfactory until more catch basins are installed
Church. and possibly more curbstone. Mr. Raymond said that he
had not made provision for this in his budget but said
that it could be taken care of under the $6,000.,
Miscellaneous that he was asking for. He thought it
would probably take. $2500. to do this work. No action
was taken on the matter.
Mr. Raymond said that last Wednesday they started
to uncover the trunk line sewer where they knew water
was getting into it. When it was uncovered, they could
Trunk Line see that a great de.al of water was getting into it.
Last Sunday morning when it was raining very hard, two
good-sized streams of water were running into the brook
but the water was not rising and.they found that
practically *he full capacity of the sewer was taken up.
After what Mr. Raymond saw Sunday morning, he knew
that a great deal of water was getting into the sewer.
He did not consider it practical to repair the pipe
but would advise building a new sewer in the right
Mr. Raymond said that he had noticed an editorial
In the paper relative to installing high-power lights
on Mass. Avenue in front of the High School. He said
he had not taken any action on the matter and wanted to
know if the Board wanted him to do so. Mr. Potter said
that he had noticed that the lighting at this particular
point was very poor and Mr. Giroux suggested that the
Supt. of Public Works look into the matter and make a
recommendation to the Board.
187
Lights on
Mass.Ave.
at High
School.
Mr. Raymond informed the Board that Neil McIntosh
was trying to get J. W. Hayden's signature for the
extension of a water main in Shade Street. He said
that he thought it advisable to put in a fiftg foot
extension from the end of the present main at Shadd
and Weston Streets, the expense to be charged to the
Water Construction, Sundry Streets, Account. The only
real merit for doing the work now is that if the
extension is made in cold weather it will not be necessary
to uncover the Weston Street main.
Mr. Giroux moved that the fifty foot extension in
Shade Street from Weston Street be made. Mr. Ross
seconded the motion and it was so voted.
Mr. Raymond read the following bids which he had
received for supplying the Town with gasoline for the
year 1937:
Water Con.
Shade St.
of way between Mass. Avenue and Vine Brook Road a dis-
tance of approximately 440 feet. He recommended that
the Board declare an emergency and build the new sewer.
This sewer serves practically everything west of Mass.
Avenue and Mr. Raymond believed its present condition
a health menace. He said that at the present time
there is approximately $4100. in the Sewer Assessment
Fund and the expense of building this sewer could be
charged in red against Trunk Line Repairs and that a
transfer from the Sewer Assessment Fund to Trunk Line
Repairs could be requested. at the next Town Meeting.
Mr. Ross said that he knew it would be a waste of
money to try to repair the sewer.
Mr. Giroux moved that the Board declare an emergency
under Section 31 of Chapter 44 of the General Laws on
account of the condition of the trunk line sewer in the
right of wag between Mass. Avenue and Vine Brook`Road.
Mr. Ross seconded the motion and it was so voted.
Mr. Giroux then moved that this portion of the
sewer be reconstructed in accordance with the recommend-
ation of the Supt. of Public Works and that the cost bd
paid as suggested by him. Mr. Ross seconded the motion
and it was so voted.
Mr. Ross moved that the Supt. of Public Works be
authorized to proceed to take whatever steps are nec-
essary to obtain easements through private lands from
Mass. Avenue to Vine Brook Road. Mr. Giroux seconded
'
the motion and it was so voted.
Mr. Raymond said that he had noticed an editorial
In the paper relative to installing high-power lights
on Mass. Avenue in front of the High School. He said
he had not taken any action on the matter and wanted to
know if the Board wanted him to do so. Mr. Potter said
that he had noticed that the lighting at this particular
point was very poor and Mr. Giroux suggested that the
Supt. of Public Works look into the matter and make a
recommendation to the Board.
187
Lights on
Mass.Ave.
at High
School.
Mr. Raymond informed the Board that Neil McIntosh
was trying to get J. W. Hayden's signature for the
extension of a water main in Shade Street. He said
that he thought it advisable to put in a fiftg foot
extension from the end of the present main at Shadd
and Weston Streets, the expense to be charged to the
Water Construction, Sundry Streets, Account. The only
real merit for doing the work now is that if the
extension is made in cold weather it will not be necessary
to uncover the Weston Street main.
Mr. Giroux moved that the fifty foot extension in
Shade Street from Weston Street be made. Mr. Ross
seconded the motion and it was so voted.
Mr. Raymond read the following bids which he had
received for supplying the Town with gasoline for the
year 1937:
Water Con.
Shade St.
El
Mr. N. J. Busby of the New England Tel. & Tel. Co.
appeared before the Board in regard to the petition
presented last October for a permit to maintain certain
Poles on Blossom Street, Mr, John F. Daly of 54 Forest
Street, who owns land on Blossom Street, objected to
the location of the poles at the hearing. Mr. Busby
said that he had been trying for a ,long time to get in
touch with Mr. Daly and he finally reached him by
telephone. He told him that he would go out with him,
the Town Engineer and, the Engineer of the Telephone Co.
and would arrange the location of the poles to suit him.
Mr. Daly informed him that he was not going to,go.out,
that it was up to the Telephone Company to straighten
out the matter and he said that he had no recommendation
1
Name of Concern Posted Commercial
Tank Car Price.
Gulf Oil Corp., Boston Plus¢
Gasoline
Cities Service R.Co., Boston
Bids.
Tide Water Oil Co., Boston "
Ginn Oil Co., Woburn
AmericanOil Co., Boston u
Colonial Beacon Oil Co.,
Standard Oil Co. of N.Y., Cambridge "-
Mr. Ross moved that the gasoline contract for the
year 1937 be awarded to the Cities Service Go* whose
bid was the posted consumer's price plus one quarter of
a cent. Mr. Giroux seconded the motion and it was so
voted. Mr. Clark voted in opposition to the matter.
Mr. Raymond said that he had received the follow -
Bids on
ing bids for supplying the Town with lubtleating oil
oil.
for the year 1937:
(See next page for bids).
The Board requested Mr. Raymond to get more inform-
ation on the quality of oil which would be supplied and
to report at the next meeting.
Mr. Wi.11iam`A.'Mell;ye'of 30 Middle Street appeared
before the Board. He said that the landin the rear of
his lot was much lower than the land in front and that
Melbye
the water runs from the street intra the back of his
complaints
land and from thence into his cellar. He said that
during the recent heavy rains, other cesspools on the
street have been overflowing and the water has-been
running back onto his property. Mr. Raymond suggested
that he raise his driveway so that the water would not
bun down onto his property and that the sidewalk be
raised.
The Chairman pro�-tem suggested that the Supt'. of
Public Works call at Mr. Melbye's house to see if he
could straighten out the matter with him, and Mr. Ray-
mond agreed to do this.
Mr. N. J. Busby of the New England Tel. & Tel. Co.
appeared before the Board in regard to the petition
presented last October for a permit to maintain certain
Poles on Blossom Street, Mr, John F. Daly of 54 Forest
Street, who owns land on Blossom Street, objected to
the location of the poles at the hearing. Mr. Busby
said that he had been trying for a ,long time to get in
touch with Mr. Daly and he finally reached him by
telephone. He told him that he would go out with him,
the Town Engineer and, the Engineer of the Telephone Co.
and would arrange the location of the poles to suit him.
Mr. Daly informed him that he was not going to,go.out,
that it was up to the Telephone Company to straighten
out the matter and he said that he had no recommendation
1
BIDS ON OIL.
BIDDER Name of Product
Gulf Oil Corp., Boston Gulflube Motor Oil
Cities Service Co., Boston Koolmotor Motor Oil
it It it it Cities Service Motor Oil
Tide Water Associated Oil Co. Veedol Motor Oil
It " " It " Tydol Motor Oil
It It 11 It ee Veedol H.P. Chem.Lub.
n n n a to
N It t1 It t1
Ginn Oil Co., Woburn
It 1t 1t . it
American Oil Co.,
Colonial Beacon Oil Co.
Standard Oil Co. of 1T.Y,
it to it It It
Alemite Corp., Boston
R.S.D.
Peedol Super Gear Lab.
Veedol Transgear Oil
Richlube 100% Pure Penn.
Richfield 100/ Paraffin Bane
Amoco Motor Oil
Essofleet Motor Oil
Stanfleet Motor Oil
Savac Truck & Bus Oil
Socony Lubrite Motor Oil
Alemite High Speed
Returnable Steel Drum
Non -returnable Steel Drum
Price.
42� R.S.D. or bulk
58� " " It
420 » n It
55� Bulk 10/10
W It It
.0675/400#)
.0775/100#) 1%/10
.0625/400#)
.0725/100#)
.0625/400#)
.0725/100#)
49V/55 gal. drum
35� 55 gal. drum
420 Bulk
27� B'lk or drum) 1%/10
41� bulk) )
46� drum)* 1%/10
33� bulk),
38V drum)*
65�
190
c�
x
to make. Mr. Busby suggested that they place the poles '
on the other side of the street and Mr. Daly still said
Busby re that he had no recommendation to make. Mr. Busby's
Pole location.company told him to do anything possible to satisfy
Daly and the town. He said that if the Board said so,
they would take down the poles but would have to leave
the wires hanging. Mr. Clark asked why the Telephone
Co. was so long in applying for a permit and Mr. Busby
replied that he thought they applied fairly soon after
the definite location of the street was determined.
Mr. Clark suggested that Mr. Daly be written a letter
stating that the permit was to be granted unless he had
some constructive suggestion to make, and so moved.
Mr. Giroux seconded the motion and it was so voted.
At 8:00 P.M. hearing was declared open on the
Johnson application of Harry E. Johnson for permission to
garage maintain a one car garage at 22 Taft Avenue. No
hearing. persons appeared either in favor or 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 8:30 P.M. Mr. Roland Garmon, Dr, James J. Walsh,
Edward L. Child, Max Seltzer, George Foster and James J.
Waldron appeared before the Board to discuss the approp-
riation for the 19th of April celebration. Mr. Garmon
informed the Board that these people represented the
Allied Veterans' Council. He submitted names of
persons that the Council would like to have serve on
the 19th of April Committee. The Chairman pro -tem
told him that the Board would take the matter under
consideration.
Mr. Garmon submitted a proposed budget for April
19th, 1937, in the amount of $1,000. He said that the
Committee had found it impossible to put on a very
April 19th satisfactory 19th of April Celebration with -the money
Celebrations allotted to them. In addition to the $500, aprop-
riated by the Town this year, they paid about 9250. more.
Mr. Garmon said that it was the consensus of opinion
that the exercises on the Common should be the climax
of the celebration. So many people crowd around the
speakers that not many persons are able to hear what
they are saying. It was the desire of the Committee to
put in an amplifying system. They thought that they would
require the services of the National Guard and that would
increase the cost of transportation, food etc. and it
was felt necessary to request the sum of 1,000. for
putting on a good celebration. Mr. Garmon said that a
bill was to be entered before the Legislature to have
the Sabbath Laws apply to the 19th of April. He said '
that this Bill had the backing of the largest veterans'
organizations in the State and the passing of it would
mean that more people would attend the parade and visit
191
the Town on that day. Mr. Garmon said that last year
they got a figure of $125. for an amplifier for one days
'
Mr. Potter asked if that $125, was for the rental of the
loud speaker alone, and he said that it was. Mr. Garmon
said that it had been suggested that the Town might want
to buy an amplifier for all celebrations and events.
Mr. Clark said that back in 1934, the Selectmen were told
that every five years the Committee would need $750. and
the other four years it would need only $500. a year.
Mr. Waldron,etatbd that the organizations did not have
money for transportation now as they did in the past.
Dr. Walsh said that the year before last, he went over
the figures and he found that the $250. celebration was
a very recent move and before that the cost was $750, or
more. The $250. appropriation lasted for only three or
four years. Mr. Waldron said that the people outside
of town felt that the l9th of April should be celebrated
in a fitting manner, probably even more so than the towns-
people. Dr. Walsh said that the Committee wanted to -work
in cooperation with the Board on the appropriation. He
said that there should be no feeling that this group was
demanding any particular amount, but it did feel that
there was an increased need for an additional appropriation.
The Chairman pro -tem asked how much was spent over and
above the appropriation in the past year and Dr. Walsh
'
replied that it was about $250. Mr. Ross asked how much
the group felt would be necessary to put on a big celebration
the 5th year. Dr. Walsh said that if the Town had the
amplifing system, the appropriation could be figured at
about 1850. Mr. Ross asked Dr. Walsh if it was not a
fact that a great many more outfits would parade if one-
half of the transportation was paid and he replied in
the affirmative. Mr. Waldron asked why it was planned
to have a big celebration every five years and Dr. Walsh
said it was a matter of custom.
Dr. Walsh suggested that Chairman Ferguson discuss
the matter further with Roland Garmon and the Chairman
pro -tem said that he would speak to Mr. Ferguson about
the matter.
At 9:00 P.M. Chairman Borden of the Planning Board
appeared before the Board. The Chairman pro -tem read a
letter from the Town Counsel with regard to the proposed
extension of Oakland Street. Mr. Wrightington said Town
that no taking by Eminent Domain resulted from an action Counhel's
of the Board of Survey approving a layout and said that opinion
no damages could be recovered. He said that there was re Bd. of
nothing to prevent someone from putting buildings within Survey.
the line of the proposed street and claiming damages
whenever the Town made a highway layout of that street
and a taking for street purposes. He said that it was
'
this weakness in the present Act which would be cured if
the Town proceeds under the 1936 Board of Survey Statute.
He said that the restrictions in General Laws, Chapter 79,
Section 5 on taking by Eminent Domain of land already in
192
�c
public use did not seem to apply to this property. In
any event, these railroad statutes could not apply to
a mere Board of Survey approval of a plan but would come
'
in question only when a street layout was made in accord-
ance with that plan.
Mr. Borden stated that he had a conversation with
Mrs. Regan and left a plan of the proposed layout with
Board of
her for several days and she finally said that she had
Survey lay-
no objection to the proposed layout of the street. Mr.
out -
Borden said that he did not see any better way to handle
Oakland St.
the matter other than the way the Planning Board had done.
extension.
Mr. Borden stated that he thought Arlington had a good
system. When a developer petitions for a Board of Survey
layout, he must post a bond to the effect that the bounds
will be set up by a certain date and if this is not done,
the Town sets the bounds and takes the cost out of the
bond posted.
Mr. Giroux moved that the Board of Selectmen, acting
as the Board of Survey, approve the layout of the proposed
extension of Oakland Street from Merriam Street to
Hancock Street, substantially as shown upon a sketch
entitled "Study of sub -division of land, Lexington,
Mass., Belonging to Mr. Robert C. Merriam, Scale l in. -
40 ft., Herbert J. Kellaway, Landscape Architect, Boston,
Mass., Oct. 9, 1936". Mr. Ross seconded the motion and
it was so voted.
Complaints
Mr. Raymond informed the Board that he had received:
re floods.
a great many complaints on account of floods resulting
from the recent rains.
Mr. Raymond said that the Engineering Dept. had
Engineering
some funds left that were part of the $300, that was
Dept.
appropriated in September for soundings on Vine Brook
and he requested the Board's approval of the purchase
of two cabinets for plans at a cost of $90.00. Mr.
Giroux moved that the Board approve the purchase of the
s seconded the motion and it was so
cabinet Mr. Ross sec e
voted.
Mr. Raymond stated that Lyon;:: Carter would like to
Snow Plows.
purchase one of the old snow plows and had offered the
sum of $15.00. Mr. Giroux moved that the offer be
accepted. Mr. Ross seconded the motion and it was so
voted.
Mr. Raymond informed the Board that he had talked
Roache and
with Mr. Scamman about the claims of Messrs. Roache and
Kenego
Kenego and Mr. Scamman said that he thought Roache had
claims.
SO odd hours coming to him and that Kenego had about 18
due him. Mr. Raymond had received no reply from the
W.P.A. Mr. Raond said that Roache was being paid
'
at the rate of 1.30 per hour and that he had about
$104. due him but thought that he would accept less
than that in full settlement in view of the uncertainty
of the matter.
Mr. Ross moved that Mr. Raymond settle both claims
' the best way possible. Mr. Giroux seconded the motion
and it was so voted.
Mr. Giroux moved that no action be taken on the
claim of Maurice Page for damages resulting from the Mill
Brook project. Mr. Clark seconded the motion and it was
so voted.
Mr. Raymond said that he had talked with all but
two of the owners who claimed damages in Arlington result-
ing from blasting on Mill Brook and some of those that
he considered reasonable were willing to reduce their
claims and those he considered unreasonable would not
reduce their claims. The total of the small claims is
$231.00.
Mr. Giroux moved that the claims against the Town as
a result of blasting on Mill Brook be settled in an
amount not to exceed $231.00 for the six smallest claims
and that this expense be charged to the Public Works
Labor and Materials appropriation. Mr. Ross seconded
the motion and it was so voted.
Letter was received from Arthur M. Roberts of 38
Adams Street requesting the Board's permission to erect
a snow fence to stand less than seven feet from the
' Highway southerly to a point more than four feet from
the edge of the travelled pavement, said fence to be
removed at the request of the Supt. of Public Works.
Mr. Raymond said that Mr. Roberts could not erect a snow
fence such as this as it was contrary to the Town By-
laws, but that he had advised him in writing what he
could erect.
Mr. Giroux moved that the permit be granted Mr.
Roberts in accordance with the conditions as set forth
in Mr. Raymond's letter to him dated December 18th. Mr.
Ross seconded the motion and it was so voted.
Upon motion of Mr. Giroux, seconded by Mr. Clark,
the following were appointed as Assistant Assessors in
the town of Lexington for the year 1937 to serve for
such time as the Board of Assessors shall designate:
James A. Guthrie
Jesse E. Condinho
C. Paul McEnroe
Milford 0. Woodward
George F. Smith
Frederick. -B. Hunneman
Fletcher W. Taft
Charles C. Folkins
' Upon motion of Mr. Giroux, seconded by Mr. (!lark,
it was voted to appoint Frederick J. Spencer as Assistant
Assessor in the Town of Lexington for the year 1937.
193
Page
claims.
Blasting
damages.
Roberts'
snow fence
Assistant
Assessors
appointed.
194
Letter was received from Tsx.Commissioner Long
Bonds for establishing the sum of $47,300, as the amount for not
officers. less than which"the Town Treasurer and Tax Collector
could be bonded. Mr. Clark moved that the Board approve
the establishment of bonds in the amount of $47,300, for
these two officers. Mr. Giroux seconded the motion
and it was so voted.
Letter was received from the Town Counsel in regard
to an action on the bond of the late Byron C. Earle as
Collector of Taxes, for negligence in performance of his
duty. The time for suit against the estate of Mr. Earle
has expired. Mr. Wrightington said that the only decision
he had found with respect to action against a surety on
such a bond where the creditor has allowed the statute
of limitations to run against the principal of the bond
is one in which the plaintiff was allowed to recover in
a direct action against the surety. This case has never
been over -ruled and has been cited as authority. As a
general rule a creditor cannot recover against a surety
where, because of the creditor's conduct, the surety
is deprived of a remedy over against the principal debtor.
Tax The reason the Court decided for the p3,a intiff in the
Collector's case mentioned above was because the surety was said
bond - suits to still have a right over against the principal debtor
since the surety's right did not accrue until he paid
the creditor. He said that the difficulty with applying
this reasoning to the present case was that the short
statute of limitations on actions against the estate of
a deceased person is an absolute bar unless the creditor
can obtain permission from the Supreme Judicial Court
to sue late but such suit would not affect,any payment
of distribution of the estate made before. Mr. Wright-
ington said that he thought it was still possible that
the surety company may have a defense against an, action
by the town if the surety company is unable to bring
suit against the estate of Mr. Earle. Before suing
the surety company, it will be necessary to establish
not only negligence of Mr. Earle but the extent to which
the Town was damaged by loss of lien. Mr. Creelman of
the Tax Commissioner's office cannot recall any instance
where suit has been brought on a collector's bond for
negligence as distinguished from defalcation, but Creelman
believes that the bond was broad enough to cover negligence.
Mr. Wrightington suggested that before further action is
taken, the Selectmen obtain from the Town Treasurer and
Tax Collector a list of cases in which, through Mr. Earle's
negligence, the lien of the Town has definitely been lost .
So far as the cases pending before the Supreme Court are
concerned, he assumed that the decision of the Land Court
would be affirmed and that the Town would not lose its
lien.
Mr. Clark moved that the matter be held over for
one week. Mr. Ross seconded the motion and it was so
voted.
fl
1
195
' Letter was received from the Town Counsel regarding
the case of Lexington vs. Brousseau. He said that it was
his understanding that the Board voted not that the defend-
ant should pay a counsel fee as well as disbursements Brousseau
in the contempt proceedings, but the question whether a case*
counsel fee should be awarded and how much it should be
left to the Court to decide and that the defendants should
pay what the Court decided.
Letter was received from the Town Counsel requesting
that the Town Treasurer send him a check in the amount
of $4.50 for the settlement of the claim of G. L. Horton Horton
against the Town. Mr. Wrightington said that this ex- claim.
pense should be charged to the Fire Department and not
to the Law Department.
Letter was received from the Appropriation Committee
stating that that Committee had voted to transfer the Fire Dept.
sum of42. from the Reserve Fund to the Fire Department insurance
Maintenance Account to cover payment of an accrued
Premium of Fire insurance for Fire Department apparatus.
Letter was received from the Appropriation Committee
stating that that Committee had voted to transfer the E. & R.
sum of $26.46 from the Reserve Fund to the Elections account.
and Registrations Account in order to pay a bill for
advertising rendered by the Lexington Townsman, Inc.
Letter was received from the Town Accountant with
reference to payment of witness fees in the Brousseau
case. He said that the vouchers for payment to Chief
Sullivan and Patrolman Smith were not put through for the
teason that these men served as witnesses during their Witness
regular tours of duty. Mr. Wrightington informed Mr. fees.
Russell that in his opinion, a town employee who is paid
a salary for full time services is not entitled to
receive from the appropriation for the Law Department,
any witness fees. However, he believed that it was
proper to make payment if the attendance of the employee
is butside of the hours which he is regularly hired and
paid. Chief Sullivan agreed with Mr. Russell that
neither he nor Patrolman Smith should receive any fee in
the Brousseau case.
Letter was received from the Town Accountant stating
that he had received a voucher issued in favor of Eliot
T. Sturgis, Jr., in the amount of $50. covering salary Bill for
as an Assessor for the months of October, November and Mr. Sturgis
vecember. The Board of Assessors had not approved the
voucher because Mr. Sturgis had not attended any
meetings of the Board since October 1st and furthermore
Mr. Sturgis is not now living in Lexington. Mr. Russell
thought that the question as to whether or not Mr.
Sturgis should be paid would depend upon whether or not
196
�c
it could be considered that he had actually moved from '
Lexington. In this connection he stated that Section
109, of Chapter 41, General Laws, provides "If a person
remove from a Town he shall thereby vacate any town
office held by him'. Mr. Russell said that unless
further facts were presented to indicate that Mr.
Sturgis was entitled to this money he would not pass
the voucher for payment.
The Parent -Teachers Association requested the use
Use of Hall. of Cary Hall on January 14th for the purpose of resent-
ing a children's play. It is planned to charge 9.15
for children's tickets and $.25 for adults' tickets to
cover expenses which will amount to approximately $150.
Mr. Giroux moved that the use of the hall be granted
free of charge. Mr. Ross seconded the motion and it
was so voted.
Request was received from the Young Peoples Society
of the First Congregational Unitarian Church for the
use of Cary Hall on January 22nd from 8:00 P.M. to
Use of Hall. 1:00 A.M. for the purpose of holding a dance. The
proceeds of this dance are to be used for charitable
purposes.
Mr. Giroux moved that the use of the hall be I granted free of charge. Mr. Ross seconded the motion
and it was so voted.
Letter was received from Mr. Clarence S. Walker
inviting the Board to attend the regular weekly meeting
of the Lexington Rotary Club on Tuesday, January 19th,
Invitation. 19379 at a Boston hotel and then to attend a hockey
game at the Boston Gardens. Mr. Walker said that the
occasion for this evening dinner meeting was to celebrate
a very strenuous attendance contest.
Mr. Giroux moved that the Chaiman of the Board
accept the invitation for the whole Board. Mr. Ross
seconded the motion and it was so voted.
Upon motion of Mr. Clark seconded by Mr. Giroux,
the following licenses were granted:
Marshall L. Tibbetts, 314-316 Marrett Rd. - Common Victuallers
r� et
Licenses. Partridge's Food Shop, 1709 Mass. Ave. - � n
Charles M. Pierson, 807 Mass. Avenue -
Waverly Hardware.and Supply Co.,
1756 Mass. Avenue - Methyl Alcohol
Edward Gorgette, 789 Mass. Ave. - it "
M. S. O'Brien, Rear 1709 Mass. Ave. -1st Class Agents'
Liquor - Mr. Giroux moved that the fee for a license to sell e
License fees. all alcoholic beverages not to be drunk on the premises
be set at $300, and that the fee for a license issued to
197
Amend by striking out
Easterly side of Massachusetts Avenue from the
entrance to the Master Service Station to a point opposite
Waltham Street, and from the southerly entrance of Depot
Park to Merriam Street.
And inserting
Easterly side of Massachusetts Avenue from
the entrance to the Master Ser*ice Station to a point
opposite Waltham Street, and frorp the southerly entrance
of Depot Park to the northerly entrance of Depot Park.
Charles E. Ferguson Board
William G. Potter of
Philip M. Clark Select -
Archibald R. Giroux merl.
Albert A. Ross
The following commitments were signed:
' Water liens - $114083
Sewer service house connections- 243.27 Commitment
Water ° " It `47.00
a druggist operating under Section 30A be set at $150.
and the fee for a license issued to a drug store operating
'
under section 15 be set at $300. Mr. Ross seconded the
motion and it was so voted.
Mr. Ross moved that the list of persons submitted
by the Lexington Allied Veterans Council to serve on
the April 19th, 1937 Committee be approved as follows,
April 19th
(if satisfactory to the Chairman):
Committee
Malcolm H. Clifford (Chairman)
Charles 0. Goodwin
James J. Waldron
Claude A. Palmer
George E. Foster
Mr. Giroux seconded the motion and it was so voted.
It was decided to meet next Tuesday, December 29th,
at 3:30 P.M. to discuss budgets.
Budgets.
The Board signed an amendment to the Traffic Rules
and Orders providing for parallel parking on Mass. Ave.
in front of the Central Block, as follows:
AMENDMENT TO THE TRAFFIC RULES AND ORDERS,
'
TOWN OF LEXINGTON, ADOPTED BY THE BOARD OF
SELnTMEN, DECEMBER 22, 1936
Traffic
SECTION 18. ANGLE PARKING.
amendment.
Amend by striking out
Easterly side of Massachusetts Avenue from the
entrance to the Master Service Station to a point opposite
Waltham Street, and from the southerly entrance of Depot
Park to Merriam Street.
And inserting
Easterly side of Massachusetts Avenue from
the entrance to the Master Ser*ice Station to a point
opposite Waltham Street, and frorp the southerly entrance
of Depot Park to the northerly entrance of Depot Park.
Charles E. Ferguson Board
William G. Potter of
Philip M. Clark Select -
Archibald R. Giroux merl.
Albert A. Ross
The following commitments were signed:
' Water liens - $114083
Sewer service house connections- 243.27 Commitment
Water ° " It `47.00
198
Wainer abatements in the amount of $683.86 were
Abatements. signed b7 the Board. '
The Welfare Agent discussed welfare matters with
the Board.
The meeting adjourned at 10:30 P.M.
A true record, Attest:
Clerk.
1