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HomeMy WebLinkAbout1937-02-09 286 cz c-� SELECTMEN'S MEETING FEB. 9th, 1937 A regular meeting of the Selectmen was held in the Selectmen's Room, Town Office Building, at 6:00 o'clock P.M. Chairman Ferguson, Messrs . Potter, Giroux, Clark and Ross were present. The Clerk was also present. Mr. Giroux moved that John ( 'Connor's salary be in- creased from $27.50 to $80.00 per week. Mr. Potter Salaries . seconded the motion and it was so voted. Mr. Giroux moved that Clayton Beach's salary be in- creased from $25.00 to $28.00 per week. Mr. Potter seconded the motion and it was so voted. The Supt. of Public Works appeared before the Board and the Board discussed budgets with him. It was felt best to agree on an arbitrary figure Snow for Snow Removal, and Mr. Giroux moved that the sum of Removal $10,000. be approved. Mr. Potter seconded the motion and it was so voted. Drainage Program Mr. Ross moved that the sum of §6, 000. be approved for installing drainage in Mass. Avenue, Percy Road and Eustis Street. Mr. Potter seconded the motion and it was so voted. Mr. Clark voted in opposition to the matter. Mr. Clark moved that drainage be installed in the right of way from the McIntosh lot to the manhole in the right of way off Hancock Street. Mr. Ross seconded the motion and it was so voted. Mr. Giroux moved that drainage tae installed in Independence Avenue from Mass. Avenue to Curve Street. Drainage Mr. Potter seconded the motion and it was so voted. Program The sum of $3100. was requested for installing drain- age in Oakland Street. Mr. Raymond said that drainage in the street would do away with the deep gutters . Mr. Giroux moved that no action be taken on the matter. Mr. Potter seconded the motion and it was so voted. The sum of $4, 000. was requested for installing drainage in Merriam Street from Abbott Road to Edgewood Road. Mr. Giroux moved that no action be taken on the matter. Mr. Ross seconded the motion and it was so voted. The sum of $5100. was requested for installing drain- age in Simonds Road. Mr. Ross moved that no action be taken on the matter. Mr. Giroux seconded the motion end it was so voted. Mr. Raymond stated that he thought some money should be provided for miscellaneous drainage work and he would suggest that $8,000.00 be approved. Mr. Ross moved 287 that $6,000.00 be approved for miscellaneous drainage. Mr. Potter seconded the motion and it was so voted. Sewer Construction - Sundry Streets Sewer Con. Mr. Ross moved that $1700.00 be appropriated and Sundry transferred from the Sewer Assessment Fund. Mr. Potter Streets. seconded the motion and it was so voted. Water Construction - Sundry Streets Water Con. Mr. Ross moved that the sum of $2, 060.00 be approved. Sundry Mr. Giroux seconded the motion and it was so voted. Streets Sidewalk Construction - Sundry Streets Sidewalk Mr. Ross moved that $1,000.00 be approved. Mr. Con.-Sundry Potter seconded the motion and it was so voted. Streets W.P.A. Labor and Materials . Mr. Raymond said that the only way he could estimate this was to take the $1200. per month figure (amount W.P.A. being expended now) . He said that he thought the Town Labor and should provide sufficient money to carry the Town through Materials to September. Mr. Giroux moved that the sum of $6,00n. be approved. Mr. Ross seconded the motion and it was so voted. Unclassified Mr. Giroux moved that this account be increased by the sum of $200.00 to cover small claims which may be brought against the Town during the year. Mr. Potter seconded the motion and it was so voted. Washington Street Drainage Letter was received from Francis S. Dane requesting Wnshing- that the Board insert an article in the Warrant to take ton Street care of this item. It was decided to hold the matter over Drainage for one week. Sprinkler System - Public Works Bldg. Mr. Raymond said that he had received a new estimate Sprinkler of approximately $2900. to do the work. Mr. Potter moved system. that no action be taken on the matter. Mr. Clark seconded the motion and it was so voted. Water Construction Mr. Ross moved that $3830. be approved for extending approximately 1100 feet of eight inch water main in Percy Road to replace the present four inch main. Mr. Giroux Water seconded the motion and it was so voted. Mr. Clark voted Construction in opposition to the matter. II Mr. Ross moved that $3130.00 be approved for the extension of approximately 510 feet of twelve inch water iin Highland Avenue. Mr. Giroux seconded the motion and it was so voted. Mr. Clark voted in opposition to the matter. 288 The sum of $2850.00 was requested for the installa- tion of 500 feet of twelve inch pipe in Forest Street from Muzzey Street to Waltham Street. Mr. Ross said that he did not consider this extension very important at this time. Mr. Raymond said that he had received com- plaints from that section on account of poor pressure. Mr. Ross moved that the sum of $2850.00 be approved. Mr. Potter seconded the motion and it was so voted. Mr Clark voted in opposition to the matter. Letter was received from the Appropriation Committee recommending that Roland E. Garmon, janitor at the Branch Library, East Lexington, be paid the sum of $5.00 per Garmon's week from the account for Labor, Materials and other salary. expenses on Publid Works for services rendered in connection with the W.P.A. sewing project and that this additional compensation be continued as long as the Sewing Project is housed in the Branch Library Building. Mr. Potter moved that Roland E. Garmon be paid the sum of $2.00 per week from the W.P.A. Labor and Materials appropriation, this pay*ent to continue as long as the sewing project is housed in the Branch Library Building. Mr. Giroux seconded the motion and it was so voted. Mr. Giroux moved that in the event the Town votes to Barnes purchase the Barnes property, that the price be excluded property. from the 1937 tax levy and put on the basis of a five year loan. Mr. Potter seconded the motion and it was so voted. Mr. Giroux moved that the Selectmen declare an Sewer emergency under Section 31 of Chapter 44, General Laws, Emergency on account of the condition of the trunk line sewer in declared. the right of way between Mass. Avenue and Vine Brook Road, and that the expense incurred be charged to the Sewer Maintenance appropriation. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that he had received a letter from Wells on Mr. Sherman df Metcalf & Eddy confirming his belief that Park it would be all right to fill in the oli wells on the Property. park property with rock debris. Mr. Giroux moved that a W.P.A. project for this work be drawn up and submitted. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that Mrs . Cutler owned a piece of land on the southerly side of the Concord Turnpike Cutler between the Moody and the Hatch land. Whenthe Town was complaint working on Clematis Brook, the bridge at Green Lane leading to her land was removed, and Mrs. Cutler claims that by removing the bridge, the Town has denied access to her land. Mr. Raymond said that there were actually other ways of gaining entrance to the land. Mr. Giroux moved that no adtion be taken on the matter. Mr. Ross Seconded the motion and it was so voted. 289 Mr. Raymond said that when the Town took the park land where it is proposed to build the enclosed field, Park Land- an agreement was made between Mr. Scott and the Town of Right of Lexington and a right of way was laid out. However, this Wqy was never approved by the Board of Survey and the Ryders now own the land. Mr. Raymond thought that the matter should be tied up and that a Board of Survey layout should be made and approved. Mr. Ross moved that Mr. Raymond take up the matter with the Town Counsel. Mr. Giroux seconded the motion and it was so voted. With reference to the complaint of Miss Wright on East Street regarding drainage, Mr. Raymond said he had East St. talked with the woman and had Mr. Paxton dig a hole in Drainage. the side of the street and fence it in. It was his intention to build a couple of catch basins and lay some pipe to take care of the matter. However, he was hoping for some rain so that he could tell how much water would fall into the hole. No action was taken on the matter. Mr. Raymond said that Mr. Ide of Pinewood Street had been in to see him to find out when something is going to be done on the street. It was accepted on November 26th, 1928, but no appropriation was ever made for the construction of the street. Mr. Cosgrove has an opinion from the Town Pinewood Counsel to the effect that the acceptance of the street Street should be disregarded because no appropriation was ever made and no entry was ever made. Mr. Paxton wrote Mr. Ide and explained the matter to him and told him that he should apply to have an article inserted in the Warrant. No action was taken on the matter. Mr. Raymond said that he talked with the Town Counsel on the matter of Vine Brook releases. He did not believe that the judgment rendered the Ryders in the recent case Vine Brook indicated that the Town could not assess betterments down Releases below. The Chairman said that it would probably mean litigation on takings, however. Mr. Wrightington thought it would be a good idea to get releases free if possible and release the people from all betterments. Mr. Raymond said that he had received from Mr. Hill Articles articles to be inserted in the Warrant covering insurance re on superintendents and other employees not now included. Insurance The Clerk was instructed to make provision for the articles in the warrant. Letter was received signed by D. F. Ross, Eugene J. Viano and F. K. Johnson relative to the tire contract Tire recently awarded. The letter stated that Mr. Raymond's Contract. specifications were not entirely clear and the writers requested that each be allowed to submit a tire for inspection and consideration. Mr. Potter said he thought 290 C, that the dealers should be given an opportunity to submit prices and samples. Mr. Giroux moved that the three men and Mr. Needham, who sells Diamond Tires, be requested to submit a tire for Mr. Raymond's inspection and de- cision. Mr. Potter seconded the motion and it was so voted Letter was received from Matthew Stevenson, Inspector of Milk, Slaughtering and Health, stating that his Stevenson's duties had increased and he was obliged to put in a great salary. deal of night work. He said that he used his car an average of twenty miles per day. He requested that his sal- ary be increased from the present rate of $1100.00 to to $1500.00 per year. Mr. Ross moved that an increase of $200.00 per year be approved. Mr. Potter seconded the motion and it was so voted. At 7:30 P.M. bids were received as follows on the $100,000.00 loan in anticipation of revenue: Second National Bank .517% Loan. Lexington Trust Company .52% discount Tyler Buttrick .50 plus $1.50 Whiting, Weeks & Knowles .50% discount First Boston Corp. .605% New England Trust Co. .463% discount Mr. Clark moved that the loan be awarded to the New England Trust Co. at their bid of .463% discount. Mr. Ross seconded the motion and it was so voted. Messrs Seth, Denham and Austin of Jackson Court appeared before the Board The Chairman read a letter from Mr Raymond estimating the cost of construction at $1600 00 and stating that the assessment would amount to $4 17 per linear foot Mr Raymond said that the purchase of an improved street surface without the installation of a curb or shoulder on the westerly side Jackson would result in considerable inconvenience to property Court owners on that side because of water entering from the street surface onto the driveways, lawns and walks He said that on the easterly side of Jackson Court, the walks and drives in general were higher than the grade of the proposed street surface and some adjustments would be needed. There are four or five large maples near the street line and the excavation in connection with the conatruction might result in damage to the roots of these trees He felt that the Town should obtain re- leases from all the owners for all damages as a result of the construction, the flow of water and the plowing of snow The Clerk was requested to send a copy of Mr Raymond' s letter to the petitioners and he requested them to decide before next Tuesday evening whether or not they wanted to have an article inserted in the Warrant for the acceptance and construction of the street L 291 At 8:00 P M hearing was declared open on the application of Ernest E MacPhee for permission to main- tain a one car garage at 26 Kimball Road Mr MacPhee MacPhee appeared and presented plan of the proposed garage No Garage persons appeared in opposition Mr Ross moved that the hearing permit be granted subject to the approval of the Building Inspector Mr Potter seconded the motion and it was so voted At 8:05 P M hearing was declared open on the application of Jesse Curra of 24 Cedar Street for per- mission to maintain a one car garage at 56 Cedar Street Curra Mr. Curra appeared and presented plan of the proposed garage garagethe Nersons appeared in opposition Mr Ross hearing permit be granted subject to the approval of the Building Inspector Mr Potter seconded the motion and it was so voted Letter was received from the Town Accountant stating that it was necessary that he be absent from the State Accountart onlbursday, February 11th, to be a witness in a case to to be be heard then He did not know whether he would have absent to be absent on Friday or not, but requested permission to be absent on both days Mr Clark moved that the request be granted Mr Ross seconded the motion and it was so voted The Town Counsel appeared before the Board and discussed the Ryder drainage case He suggested that the Town Treasurer make up a schedule showing the amounts that are due on the various tax title cases in Ryder whidh the Ryders are interested with interest figured case to a specified date and also showing any concessions that the Town has made The Town Counsel reported that Robert L. Ryder and his attorney had both requested an opportunity to confer with the Board of Selectmen about a possible settlement of all the litigation between the Ryders and the Town Mr Girouc moved that the Town Counsel be author- ized to reply to Mr Ryder that the Board would see him on Tuesday evening, February 16, at 8:45 P M Mr Ross seconded the motion and it was so voted. The Board discussed the matter of supplying water to Calvin Childs ' lot on the Concord Turnpike with the Town Counsel The Chairman said that there was a water Childs main in old Watertown Street which went by the property Water but when the new street was constructed, no water main Main was laid. Mr Childs requested that an article be in- serted in the Warrant for the extension of the main 1 The Chairman said he wondered whether or not the Town could charge Childs betterments He asked Mr Wright- ington about laying the pipe from old Watertown Street across private lands Mr Wrightington said that it was 292 ae never a good idea to lay Wipes aetoss private lands. He said that the Town merely abandoned the easement for Old Watertown Street but he did not know if that meant that the property owners owned the pipes He suggested that if the Town got easements to lay the pipe in private land, it might just as well get an easement to maintain the pipe in the old street He suggested that Childs pay part of the cost if the pipe was extended across private lands Letter was received from Guy Franeeschelli offering Purchase to buy lots 38 and 37 Grapevine Avenue for $250 cash. of lots Mr. Clark moved that the offer be accepted and that the consent of the various committees necessary be obtained and the Town Counsel instructed to prepare to transfer the property Mr Giroux seconded the motion and it was so voted Letter was received from the Bswn Counsel stating Welfare that there was no objection to the appointment of an Advisory Advisory Welfare Committee without vote of the Town so Committee long as that committee was purely advisory and had no authority to exercise the discretion of the Board or do more than give advice to the Selectmen No payment could be made for expenses without an appropriation from the Town for that purpose The Chairman stated that Mr Roger Long had received Expenses an opinion from the State Director of Accounts to the of Town effect that the Town could appropriate money for the Meeting expenses of the Advisory Committee of the Town Meeting Members Members Association He believed the expenses of this Assoc year would amount to no more than $75.00 Mr Giroux moved that an article be inserted in the Warrant for the appropriation of funds to pay for these expenses Mr Ross seconded the motion and it was so voted. W P A Letter was received fromthe State Director of Project Agriculture stating that the Winning Farm mosquito con- trol project was being forwarded to the W P.A District #2 Office with the State' s approval Request was received from a Mr. W Johns of 101 Sureties Grove Street that he be allowed to act as his own on Pub surety if he applied for a Public Carriage License. Carriage The Board felt that it should not deviate from its Bond. policy of requesting signatures of two outside sureties. Application was received from the Middlesex County Use of Farm Bureau for the use of Cary Memorial Hall on Feb- Hall ruairy_225th Mr Ross moved that the use of the hall be granted subject to a fee of $15 00 Mr Clark seconded the motion and it was so voted. 293 m Letter was received from Mrs H C Whittemore re- questing that she be given a share of the blanket fire Request for insurance on the town ' s schedule It was voted to place insurance the letter on file for future consideration Letter was received from the Supt of Schools re- questing that police officers be on duty at the various Police st schools and crossings at certain times Mr Ross School moved that a copy of the letter be sent to the Chief of Crossings Police with the approval of the Board Mr Clark seconded the motion and it was so voted Mr Giroux moved that the Chief of Police be re- quested to station a traffic officer at the Adams School at the driveway nearest Arlington and that the School Department request the children to cross Massachusetts Avenue at that point Mr Ross seconded the motion and it was so voted Letter was received from the School Committee approv- ing the recommendation of Dr Kendrick that all children Schick who had had treatment with the toxin-anti-toxin mixture tests be given an opportunity to have the Schick test to determine their immunity Mr. Ross moved that Dr. Kendrick be instructed to proceed with the work Mr. Potter seconded the motion and it was so voted Application was received from Dan K MacLean of Peddlers Waltham for a license to peddle in Lexington Mr Ross license moved that the license be approved Mr Clark seconded the motion and it was so voted. Letter was received from Alfred L Short advising Advisory that he would be unable to serve on the Public Welfare Committee Advisory Committee. Letter was received from Mrs George B Sarano re- Lincoln St questing a foot path along Lincoln Street Mr Clark foot path moved that the matter be turned over to the Supt. of Public Works for investigation and report Mr Ross seconded the motion and it was so voted. Board of Health orders were signed as follows: The Board of Selectmen of Lexington, acting as a Board of Health, after receiving a report from Matthew Stevenson, Health Inspector, as to the condition of the Health cesspool on the premises at #49 Bartlett Avenue, Lex- Order - ington, findtat s d cesspool is a menace to the Cesspool public healtR yar al'n8f its overflowing and its at #49 filthy condi on, and therefor, the Board adopts the Bartlett II following order under authority of G L Ch 111, sec Ave 123 and every power enabling it do do so. ORDERED that Nellie I Batstone of 9 Grover Street, Everett, in the County of Middlesex, the owner of the premises at #49 Bartlett Avenue, Lexington, at her own 294 Cl r4 expense remove the nuisance and source of filth thereon consisting of an overflowing cesspool, within three days from the date of the service of this order Philip M Clark Board of Archibald R Giroux Selectmen Albert A Ross of William G Potter Lexington The Board of Selectmen of Lexington, acting as a Health Board of Health, after receiving a report from Matthew Order - Stevenson, Health Inspector, as to the condition of the Cesspool cesspool on the premises at #983 Waltham Street, Lexing- at 083 ton, find that said cesspool is a menace to the public Waltham health and a nuisance by reason of its overfliwing and Street its filthy condition, and therefor, the Board adopts the following order under the authority of G L Ch 111, sec . 123 and every power enabling it to do so. ORDERED that Charles H. Schofield & Co. of 1847 Mass Ave. , Lexington, in the County of Middlesex, agents for the owners of the premises at 983 Waltham Street, Lexington, at their own expense remove the nuisance and source of filth thereon consisting of an overflowing • cesspool, within three days from the date of the service of this order. Philip M Clark Board of Archibald R Giroux Selectmen Albert A Ross of the Town WilliamG. Potter of Lexington Request was received from Marie H. Cook of the Lex- ington Field and Garden Club requesting that an article Article in be inserted in the Warrant to see if the Town would vote Warrant re to appropriate $300 00 to be expended upon Depot Park Depot Park in accordance with a plan presented by the Lexington Field and Garden Club Mr. Giroux moved that an article be inserted in the Warrant Mr Ross seconded the motion and it was so voted. Mr. Giroux moved that the matter be checked up fur- ther Mr Ross seconded the motion and it was so voted. The Welfare Agent discussed welfare matters with the Board The meeting adjourned at 10: 15 P M A true record, Attest: /nom Clerk.