Loading...
HomeMy WebLinkAbout1937-04-061 SELECTMENIS MEETING APRIL 6, 1937. A regular meeting.of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, at 7:30 P.M. Chairman Ferguson, Messrs. Potter, Giroux and Ross were present. The Clerk was also present. At 8:00 P.M. Miss Weltch, a school attendance officer, Mr. Mitchell and Mr. Wagner appeared before the Board relative to the Blondiet family of Vine Street. The Chairman read the report of the Health Officer which was received last week. Mr. Wagner of the Society for the Prevention of Cruelty to Children said -that the case had been closed with him since last year as he could do nothing with the family unless the case was taken to Court. Mr. Wagner said that Dr. �'areastle probably would testify as to the condition of the home on the various times when he had been domn there. Miss Welteh said that the attendance of the children at school was very bad. The children are very outstanding among the other children because of their uncleanliness, ragged clothes, etc. She said that as far as pbtsical neglect went, the case was much worse than the Meek case. Mr. Wagner suggested that someone from Mr. Mitchell's department make visits to the house. He said that he was willing to try.to get the children placed and it was left that he would work in conjunction with Mr. Mitchell to try to settle the case. The Chairman told the Town Counsel of the three billboard applications that had been received for maintenance of the boards on Marrett Road. He asked if the Board should approve or disapprove the appli- cations on general principals. Mr.''Wrightington said that it probably would do no good to disapprove them but that was what had been done in the past. It was decided to disapprove the applications. The Chairman asked Mr. Wrightington why it wars necessary to elect Field Drivers when General Laws state that the Selectmen should appoint them. Mr. Wrightington said that he would: look the matter up. - Letter was received from the Town Counsel rel- ative to the request of the Lexington Public Health Association for permission to erect flags on Mass. Avenue in the pits owned by the Town. Mr. Wrightington said that the Town already had regulations regarding overhanging signs and he thought that those regulations were broad enough to cover the flags referred to. The Blondiet case. Billboards Field Drivers Use of flag pits. • 2 • Welfare men, work. regulations require a $1,000. bond to indemnify and save harmless the Town against liability. He said that in his opinion, the Town might be held liable for the personal injury to a traveller on the way caused by such a flag. He said that although the possibility of an accident was rather unlikely, he could not give an opinion that the Town would not be held li able. ` Mr. Giroux requested the Clerk to send a copy of the letter to Mr. George P. Morey, The Chairman asked the Town Counsel about the employment of Welfare men on special projects. He wondered if the Town would be bound to conform with the State minimum wage law. Mr. Wrightington said that the men were distinctly not Town employees but were working out their Welfare aid and he did not see how the State could come"in and tell the Town that it would have to pay the men at least $.50 an hour inasmuch as they were not Town employees. The Chairman asked Mr. Wrightington what would happen if these men were Jiut to work on public works where there would be a possibility of injury. Mr. Wrightington said that if an agent of the Town was careless and a man was injured because of that, he might sue the Town. The Chairman stated that there was a Board of Survey layout street from Merriam Street through to Hancock Street and in connection with that street, Merriam Robert Merriam had agreed to give the Town a piece of gift of land so that the street could be laid out straight. land He is now ready to give that land and the Chairman asked if it would have to be accepted by the Town at a Town Meeting. Mr. Wrightington said that the land could be con- veyed to the Town, but he thought there should be a vote 1 The Chairtan said that Mr. Robert Merriam had asked if he could hire engineering services from the Town for the inspection of public utilities, etc. in Merriam his development. The Town Counsel said that he had request for discussed this matter with Mr. Raymond and his first engineering thought was that this would be all right but after service thinking it over he talked with Mr. Waddellts office and the man was very emphatic in his opinion that such II engineering work could not be done. Mr. Wrightington said that Merriam wanted the engineer to do all the work so that ha would not have to hire another engineer. He said that the development was a private one and the mere fact that there was a Board of Survey layout did not give the Board authority to put a Town employee in there to do work. Waddell's assistant said that the Board would not be justified in spending the Townts money on private land. The Chairman stated that there was a Board of Survey layout street from Merriam Street through to Hancock Street and in connection with that street, Merriam Robert Merriam had agreed to give the Town a piece of gift of land so that the street could be laid out straight. land He is now ready to give that land and the Chairman asked if it would have to be accepted by the Town at a Town Meeting. Mr. Wrightington said that the land could be con- veyed to the Town, but he thought there should be a vote 1 385 at a Town Meeting to accept it. He said that the Board could take the deed and accept the land later. He requested that the Town Engineer send in a description and plan of the land to be conveyed. A subpoena was received for damages against trl9 Subpoena Colonial Garage, Inc., to be answered at Cambridge on ColoniAl Monday, May 1st, 1937. The matter was turned over to Garage. the Town Counsel for action. Mrs. Bridget Leary appeared before the Board and said she came to talk to the Board about her son Timothy. The man has been at Westboro since March 6, 1935, Mrs. Leary talked to a doctor at the Sanatariutn and she said that the doctor told her that the Town authorities_ sent the man away as he was dangerous to Leary the public safety. The Chairman told her the only way case he could be sent away would be because of complaints from the citizens and then the Police Department would sent him away. He said that he did not recall that the • Selectmen had anything to do with the matter. She asked that the Board aid her in getting her son out of the Sanatarium and the Chairman told her that the Town had nothing to do with it, that it was up to the hospital authorities, ' Letter was received from the Supt. of Public Works relative to the surface drainage on the street near 320 Waltham Street. Mr. Raymond said that as a result of a complaint last -July, the Town made improvements in the drainage and the grade of Waltham Street at its junction with Waohusett Drive in an attempt to prevent the water from going across Waltham Street onto the property at 320. A gravel shoulder was built up in front of the MacDonald property in an attempt to prevent the water from overflowing onto the private land. The tenant in the house does not recall that any water has flowed onto the lot since the improvements were made last year. Mr. Raymond said that there appeared to be MacDonald a recurrence of the cave L near the front westerly property - corner of the house. He said that there was no evidence drainage. at this time that water had flowed from the street across the line to the location of this cave-in recently and in his opinion the cave-in is caused from the roof water from the house which appeared to go into the ground through the down spout and the pipe. The lot on which the house is built consists of filling material which is probably very porous. Mr. Raymond said that it was very difficult to maintain a gravel shoulder as the house is on a curve and the north -bound traffic tends to hug close to the shoulder and wears it down rapidly. In order to ' make a permanent improvement which will insure that water does not flow across the front lawn even though automobiles run across the shoulder, it will be necessary to install about 70 feet of curbing and provide a catch 5YOTU T6� Frank Canessa picking dump, Town Engineer's salary. basin to be connected with the drainage system. The approximate cost of such work is $350.00. Mr. Raymond suggested that the .connections not be made at this time but that an attempt be made to keep the gravel shoulder built up as he believed that the expense of the curbing and catch basin was not justified until funds could be found to install curbing there nearly the entire length of the curb on that side of Waltham Street. The Chairman said that he would talk the matter over with Mr. Mulliken of the Co-operative Bank, who made the complaint, and inform him of the situation. Mr. Raymond said that Frank Canessa had a truck that he wanted the Town to use but the Town had no use for it. .rust before Canessa came in, John Collina, care- taker at the 'dmp, complained about men from out of town picking the dump and said that he had lost some tools,etc., so Mr, Raymond told him to keep everybody out of it.. The very next day Canessa went up to the dump and Collins put him out. Mr. Raymond said that he thought if Canessa was given the privilege of picking the dump that he might make a living in that manner. The Board told Mr. Raymond to use his own judgment in the matter. Mr. Raymond said that the Town Engineerts salary had not been restored to its level before the out. At one time Cosgrove was getting $3130.00. Mr. Raymond said that it was merely an oversight on his part and he wondered if the Board had discussed it at all. The Chairman said that the Board had not discussed the matter and when the Engineering Dept. budget was sub- mitted, the sum of $3,000. was requested for the Town Engineer's salary. The Board felt that it would not be good policy to do anything about the matter now inasmuch as the personal services in the budget were ear -marked and no mention of the matter had been made to the Appropriation Committee. Mr. Potter suggested that the matter be taken up next year, Mr. Raymond said that there were two corner lots Robbins on Robbins Road on which the Town would have to do a Road little filling and in order to avoid any claim for releases, expensive retaining walls, ate., such as were received on Farm Crest Avenue, he had drawn up releases which the Town Counsel approved and said he would try to get the owners of the lots to sign them. Mr. Raymond said that he had talked with Michael Town Shea and asked him what he wanted to go to work for as Painter the painter for the Town, and Shea said that he wanted $6.00 per day for an eight hour day, five days a week. 1 n D Mr. Giroux moved that Shea be hired at $6.00 per day ' for a five day week for whatever length of time the Supt. of Public Works needed him as long as funds were avail- able. Mr. Ross seconded the motion and it was so voted. Mr. Raymond informed the Board that there were four vacant lots on Robbins Road, three of which could be reached from the sewer and all from the water main. He suggested -that the water and sewer services be laid to the curb to serve these lots before the construction of the street and that the expense be charged to the water and sewer service accounts. Mr. Raymond also recommended that a water main be extended about 60 feet to Lexington Avenue. Mr. Ross moved that the Superintendent's recommendations be adopted. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that on Independence Avenue there were six houses connected with the old four inch water main although there is an eight inch main in the street. He said that he would like to put the drain in the loca- tion of the present four inch main and he would like to tear out the old four inch main and connect the houses to the eight inch main. Mr. Ross moved that the work be done in accordance with the Superintendent's suggestions. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that last week he asked and re- ceived the Board's approval to spend $205.00 for a dump body with hydraulic hoist but he now finds that that price is no longer available. It will now cost $250.00 for this equipment. Mr. Ross moved that the sum of $250.00 be approved for the purchase of the equipment. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that the Cemetery Commissioners would not assume any responsibility for damages that might result to headstones in the old Colonial Cemetery during the tree project. He talked with Mr. Wood and told him that the best men would be put to work. Mr. Wood wrote a letter to Mr. Garrity stating that the Commissioners would not be liable for any damages result- ing from a falling limb, etc. Mr. Giroux moved that the Supt. of Public Works be authorized to -go ahead with the tree project in the cemeteries. Mr. Potter seconded the motion and it was so voted. 387 Water and sewer - Robbins Road. Independence Avenue water and drainage Purchase of hoist. Tree Project. The Supt. of Public Works asked if the Board wanted ' him to take bids on granolithic sidewalk construction as Granolithic he had so few applications. The Chairman said he thought sidewalk that Mr. Raymond ought to take bids. 388 Bids on Concrete Pipe. The following bids were received on concrete pipe: New England Concrete Pipe Corp. Plain Bell and spigot join"— 3 ft, lengths. $, per ft. Xz 10" " " 131 12" " " ,40 15" double strenth " " .68 18n " " n n 95 21" r► " r► n 1.33 24" " n n n 1.75 Reinforced. Bell and spigot jo n- 4 ft. lengths. 6200 ft. 12 � per ft, r. 84 700 ft, 15" n It 2.05 1100 ft. 18r► " " 1.46 750 ft. 21" If " 1.85 700 ft. 24" " " 2.24 Hfte Pipe of New England, Inc._ Reinforced. 3200 ft. 12 " $.91 per foot 700 " 15" 1.17 " 1100 " 18" 1.58 750 " 20" 1.95 700 " .24" 2,45 Mr. Ross moved that the bid of the New England Con- crete Pipe Corp. of Newton, the low bid, be accepted. Mr. Potter seconded the motion and it was so voted. _ The Supt. of Public Works stated that two or three Yater in men had been in to see Mr. Ross demanding water service Brick in Brick Village. A man came.in today stating that he Village. had purchased the house at 22 Taft Avenue; that he had given notice where he is, now living and said that he must have water inasmuch as he was moving in. No action -was taken on the matter. The following bids were.reeeived for shingling the barn at the Buckman Tavern: M. B. Judkins - $215,00 Custance Bros., Inc. - 187000 Bids for with alternate bid of 175,00 Tingling George Swanson 294,00 barn. James Mowatt - 199.52 James Irwin, Jr. 268.00 Mr. Potter moved that the bid of Custance Bros:, Inc, of $187.00 be accepted. Mr. Giroux seconded.the motion and it was so voted. Mr. Raymond said that $175.00 was allowed in the n �c 1 D 1 ' budget f (r this work but he thought that the other $12.00 could be found in the general appropriation. Mr. Raymond reported with regard to the fence at the Center Playground. Last week he said that about 75 feet of Fence would be needed and that would take care of one lot only, but there are holes in the fence at the next lot and a minimum of 140 feet of fence would be needed. The present fence could be duplicated for about 170..00. The Board felt that' inasmuch as no funds for replacing fences had been approved in the budget for 1937, that there was no action that could be taken. The Chairman said that he would write Miss McCaffrey of Parker Street and inform her of the situation. Letter was received from B. J. Harrington of 11 Curve Street complaining about the children from' the East Lexington playground coming over into his field and doing damage to his property. Mr. Harrington said that the children broke twenty lengths of 12 inch Akron pipe which was in the field. He said that this was not the first time that pipe had been broken. He reported the matter to the Supt. of Parks. Mr. Harrington asked that the Board consider the matter and have a fence ' put up. He said that the boys in that vicinity had a club and used his yard for a public thoroughfare every time they used to go into the playground. The Chairman said he thought Mr. Raymond should talk the matter over with Mr. Grindle to see if the School Department could do something. Mr. Giroux suggested that the Chairman talk with Mr. Rowse to see how he felt about transferring sufficient funds to take care of the matter and the Chairman said that he did not like to ask for a transfer so soon after the Town Meet- ing. He suggested that Mr. Harrington be written a letter to the effect that the matter would be taken care of when funds were available. Mr. Raymond reported that he had received a price of $366.94 less 2% cash discount from the Ideal bower Sales and Service Co, for furnishing a power mower. The sum of $380.00 had been allowed in the budget for this item so that there were sufficient funds. Mr. Ross moved that the purchase of the mower at the above price be authorized. Mr. Potter seconded the motion and it was so voted. Mr. Raymond.said that he had taken bids on asphalt and that the prices were pia ctically all the same. ' Mr. Giroux moved that the matter be left in the hands of the Supt. of. Public Works to purchase the material wherever he wished. Mr. Potter seconded the motion and it was so voted.. 389 Fence at Center Playground Harrington complaint re fence Pureba se of power mower. Bids on asphalt. 390 Prices on shovel hire Mr. Raymond said that he had received the following prices for shovel hire.- J. ire:J. A. Gaffey - $5.17 per hour R. H. Stevens - 5.50 University Excavating Co. of Arlington - 5.65 Mr. Raymond said that he assumed that these prices included transportation but he was not sure. It was decided to hold the matter over for one week to see whether or not these prices included transportation. - Mr. Ross said that',he would like to get a little more information as to the size, make and age of the shovels to be used. Mr. Raymond said that Mr. Garrity would like to Purchase get some of the loam Mr. Ross is stripping from the of loam. Wellington Farm as there is something in the loam that he wants. Mr. Raymond said he did not see how the Board could authorize the purchase of the loam from Mr. Ross without violating the By-laww of the Town. Mr. Giroux asked if the Board would allow the Lex - Use of ington Public Health Association to use the flag pits Flag pits. during its drive for funds if the proper bond was filed. Mr. Ross moved that permission to use the pits be given subject to that condition. Mr. Potter seconded the motion and it was so voted. Hearing re Met. Sewer. Posts for Depot Park. The Chairman reported that he had talked with the , Town Counsel relative to the case of Pierce vs. Lexington and Mr. Pierce's lawyer informed Mr. Wrightington that he would not settle the case for 025.00. The Town con- tested the case in the first place with the thought of making it a test case but Mr. Wrightington now says that there was no test to it. Mr. Ross moved that the Town settle the case for an amount not to exceed $50.00.• Mr. Potter seconded the motion and it was so voted. Notice of a hearing on the proposed new Metropolitan Sewer Project to be held on Wednesday, April 7th at the State House, was received. Mr. Potter moved that Mr.. Raymond attend the he acing. Mr. Giroux seconded the motion and it was so voted. Letter was received from Mrs. Chester Cook stating that Roger Greeley had discovered forty-three granite posts, property of the Town of Lexington, in the back of the Munroe Cemetery. She said that the Depot Park Improvement Association would like to use these granite posts on the beautification project, Mr. Potter moved that the Committee be given per- mission to use the posts. Mr., Giroux seconded the motion and it was so voted. 1 C E Letter was received from John A. May of 15 Taft Ave. stating that the play given on March 30th by the Lex- ington Unit of the Mass. State Guard Veterans was' a decided failure financially and he appealed that the charge made for the use of Cary Hall be reconsidered and eliminated, if possible. Mr. Potter moved that the charge for the use of the hall for the show and rehearsal be abated. Mr. Giroux seconded the motion and it was so voted. 391 Abatement of charge of Hall. Application was received from the Lexington Unit of. the Mass. State Guard. Veterans for permission to operate a stand for the sale of pop corn, tonic, etc. on Stand on the 19th of April. April 19th Mr. Potter moved that the matter be turned over to the Supt, of the Park Division and that he use his own judgment in the matter so that there would not be any confliction. Mr. Giroux seconded the motion and it was so voted. A check in the amount of $100. was received from the Town Counsel in settlement of a welfare claim against the City of Lowell. Mr. Wrightington enclosed bill for $47.00 for services in the case. He also enclosed bills for three other welfare cases. Mr. Potter moved that the check be accepted. Mr. Giroux seconded the motion and it was so voted. Mr. Giroux moved that the bills be approved. Mr. Potter seconded the motion and it was so voted. Letter was received from the 19th of April Ball Committee inviting the Board to attend the Military Ball to be held on Monday evening, April 19th. Mr. Giroux moved that a letter be written to the Committee advising that the members of the Board would make every effort to attend the Ball. Mr. Ross seconded the motion and it was so voted. Letter was received from Ira A. Rix applying for permission to sell pop corn on April 19th at 1734 Mass. Avenue. Rix said that the stand would be in the door- way and not on the sidewalk. Mr. Potter moved that permission be granted to the man for the sale of pop corn. Mr. Ross seconded the motion and it was so voted. Upon motion of Mr. Ross, seconded by Mr. Potter, it was voted to grant the following licenses: Max Sulkin - 132 South Street, Waltham- Junk Edward L. Child - 1775 Mass. Avenue - Overhanging Sign Eugene Derby - 11 Waltham Street Liggett Drug Co.- 1721 Mass. Avenue Edith H. VanAmringe,Ine.- 1711 Mass. Ave.- Colonial Garage, Inc. - 1668 Mass. Ave. William E. Maloney - 93 Mass. Avenue Welfare cases Invitation to Ball. Permit to sell pop corn. Licenses William E. Maloney - " " - Com"non Victuallers 392 Welf are Commitment Use of Hall. The Welfare Agent discussed welfare matters with the Board. Commitment::of 4ater :lien in. the a¢.nount of $17.00 was signed by the Board. Application was received from the Lexington Grange for the use of Cary Memorial Hall for the evening of April 13th for a minstrel show. The proceeds of the show are to be donated to the Home and Coimnunity Service Fund. For that reason the Grange requested the lowest possible rate. Mr. Potter moved that the use of the hall be granted subject to a fee of $15.00. Mr. Ross seconded the motion and it was so voted, The -meeting adjourned at 10:20 P.M. A true record, Attest: ._1 Clerk. 1 1 1