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HomeMy WebLinkAbout1937-09-07578 The Chairman stated that the Town Counsel wanted Thompson et authority to hire an expert on driving and roads in als suit. connection with the case of Thompson, Soar et als vs. the Town of Lexington. Mr. Giroux suggested that a Motor Vehicle Inspector might be a proper person to qualify as an expert. Mr. Giroux moved that the Town Counsel be granted authority to hire an expert. Mr. Potter seconded the motion and it was so voted. SELECTMEN'S MEETING Mr. Giroux asked if the Board wanted William LeGoff Work at SEPT. 71 1937 ' ' work off some of his aid that way. Mr. Ross suggested A regular meeting of the Board of Selectmen was that James Keefe do the work. It was finally decided held in the Selectmen's Rood, Town Office Building, at straighten out. 7:30 P.M. Chairman Ferguson, Messrs. Potter, Giroux, Clark and Ross were present. The Clerk was also present. At 7:30 P.M., the Town Clerk appeared before the Board for the drawing of three jurors to serve at the Jurors civil session at Lowell on Monday, October 4, 1937.' The jurors drawn were as follows: Charles H. Miles - Manager - 35 Merriam Street Winthrop H. Bowker - N.E.Tel. & Tel. Co. - 2184 Mass.Ave. Francis B. Culbertson - Inspector - 62 Harding Road. Letter was received from the Town Accountant calling Emergency - the Board's attention to the fact that the balance on Welfare hand in the Public Welfare appropriation was $489.59. appropria- The bills for the month of August have not been paid and tion. these will amount to approximately $1355.00. The balance on hand will not be sufficient to meet the cash grant rolls for the next week. Mr. Russell suggested that the Board declare an emergency. Mr. Ross moved that an emergency be declared under the provisions of Section 31, Chapter 44 of the General Laws. Mr. Giroux seconded ' the motion and it was so voted. At 8:00 P.M., hearing was declared open upon the application of Anthony Ross & Son, Inc. for permission Ross to maintain one underground gasoline tank with a capacity gasoline of 500 gallons on the premises at 173 Bedford Street. hearing. No persons appeared in opposition and Mr. Ross spoke in favor of the granting of the petition. He said the lan was to put the tank inside of the building. Mr. lark moved that the permit be granted. Mr. Potter seconded the motion and it was so voted. Expert in The Chairman stated that the Town Counsel wanted Thompson et authority to hire an expert on driving and roads in als suit. connection with the case of Thompson, Soar et als vs. the Town of Lexington. Mr. Giroux suggested that a Motor Vehicle Inspector might be a proper person to qualify as an expert. Mr. Giroux moved that the Town Counsel be granted authority to hire an expert. Mr. Potter seconded the motion and it was so voted. Mr. Giroux asked if the Board wanted William LeGoff Work at to do work on the shrubs and lawn at the Library and Library. ' work off some of his aid that way. Mr. Ross suggested that James Keefe do the work. It was finally decided to leave the matter to Mr. Garrity and Mr. Raymond to straighten out. ' Mr. Raymond asked was. It is not maisked what the "Private status of Stedman Road Way" but is not passable from Brookside Avenue to Allen Street. The Chairman said he thought it had been abandoned for a certain distance but he Was not sure of it. He said that he thought some oction *as taken on -it in 1930 when the Franklin School was built and Mr. Raymond said that he would look into the matter further. 1 u Mrs Raymond asked the Board if it wished to grant him authority to sign W.P.A. form #4516 on the Topo Survey. It is estimated that the funds to be expended by the Federal Government will amount to $2776. and by the Town $11896.00. Mr. Ross moved that the form be signed. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond suggested that the Town borrow $10,600. on Waltham Street and $5100. on maintenance in anticipa- tion of reimbursement from the State and County on these Chap. 90 roads. Mr. Giroux moved that the Town Treasurer be authorized to request bids on both of these loans. Mr. Ross seconded the motion and it was so voted. Mr. Raymond said that he had studied the bulletin prepared by the Boston Municipal Research Bureau relative to the quabbin project, and he said that he could find nothing important that he could take exception to. However, there were a few statements which were absolutely untrue.- Mr. Giroux moved that the Supt. of Public Works be instructed to forward his opinions on the matter to Senator Cotton and the two Representatives. Mr. Ross seconded the motion and it was so voted. Me: Status of Stedman Road W.P.A. f ors #4516. Loans for Chap: 90 work. Quabb in project. Mr, Raymond reported that he had received a request for a street light on Fairview Avenue at Haywood Street, Article: and he thought that the light should be put in. Mr. re street Ross moved that an article be inserted in the next lights. warrant for this street light. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond said that his estimate for the bronze Bastin& to be used under the Captain Parker Statu6 was not very close. The figure given him was $800. and he had gue$sed it to be $400. and in view of that, he thought not less than $1,000. would be needed and he would be inclined to have more of the work done here. At the end of 1936, there was $862.72 invested in this account and the accumulated income was $375.86. In 1910 the Town Meeting voted that the income was to be used for the maintenance of the grounds and if the investment was to be used, a Town Meeting vote author- izing it would be necessary. The two together would probably be sufficient to do the job. Mr. Ross asked Minute Mah Statue. 580 The Board discussed the articles to be inserted in CD the warrant for the September 27th Town Meeting. Mr.. Raymond said that although flohnson had re- quested water and sewer extensions in Daniels and Ariel Daniels St. Streets, he thought that Daniels Street was the only Water and important one now. He estimate6 that it would cost sewer. $1600. for the water extension dnd $1000. for the sewer extension. There are sufficient funds in the Water if it was`_dbbolutely necessary to use a bronze casting Construction, Sundry Streets, account to pay for the and Mr. Raymond replied in the negative and said that to pay for the sewer. probably cast iron could be used but bronze was , recommended. The stone has been replaced three times Street to Haydents-.drive. Mr. Ross said that his firm in thirty years. was going.to lay a gas main from Cary Avenue to Hayden's Shade St. Mr. Clark moved that the stone be replaced and in the same trench. Mr. Raymond said that the figure he that a stone be used rather than a bronze casting. furnished included the paving. He estimated that it Mr. Giroux seconded the motion and it was so voted. extend the main from Andresen's to the Hayden property. Mr. Giroux moved that the Supt. of Public Works request the Trustees of Public Trusts for permission to use the income from the fund for part payment on this work. Mr. Clark seconded the motion and it was so voted. Article: re Mr. Giroux moved that an article be inserted in the Capt. Parker Warrant for the next Town Meeting asking for funds to Ntatue. complete repairs to the Captain Parker Monument. Mr. Clark seconded the motion and it was so voted. Mr. Raymond asked the Board's approval of his Use of using Welfare men for grading at the Center playground. Welfare men. Mr. Clark moved that such approval be granted. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond stated that last week he requested the Transfer to Board to request the Appropriation Committee to trans - High. Maint. fer $75.00 from the Reserve Fund to the Highway Main - Personal tenance — Personal Services Account, when he should ' Services have asked for $105.00. Mr. Giroux moved that the Account. request to the.Appropriation Committee for the transfer of funds to the Highway Maintnenance - Personal Services Account be changed from $75.00 to $105.00. Mr. Potter seconded the motion and it was so voted. Articles for The Board discussed the articles to be inserted in Warrant:'- the warrant for the September 27th Town Meeting. Mr.. Raymond said that although flohnson had re- quested water and sewer extensions in Daniels and Ariel Daniels St. Streets, he thought that Daniels Street was the only Water and important one now. He estimate6 that it would cost sewer. $1600. for the water extension dnd $1000. for the sewer extension. There are sufficient funds in the Water Construction, Sundry Streets, account to pay for the water and sufficient funds in the Sewer. Assessment Fund to pay for the sewer. Mr. Raymond reported that it would cost about $5600. to laythe water main in Shade Street from Weston Street to Haydents-.drive. Mr. Ross said that his firm Water Main - was going.to lay a gas main from Cary Avenue to Hayden's Shade St. place and he wondered if the water main could be laid in the same trench. Mr. Raymond said that the figure he furnished included the paving. He estimated that it would cost $3900. including the repairs to the street to extend the main from Andresen's to the Hayden property. ' When the job was first figured, they decided to put the pipe in the shoulder but after looking it over, they thought it would not cost any more to put it in the streets The price of pipe has gone up to $1.32 and it was $1410 when the job was figured before. Mr. Giroux mored that an article be inserted in the warrant to re- quest funds for the extension of a water main in Shade Street from Andresen's to the Hayden property a distance of 675 feet. Mr. Potter seconded the motion and it was so voted. Mt. Raymond said that he had not received any re- quests nor applications for sidewalk construction and therefor would not ask for more funds. Mr. Raymond said that it would be necessary to ask for $6,000.00 to carry the W.P.A. Labor and Materials account to April 1st, 1938 and $3,000. to December 1, 1937. :°Mr. Raymond discussed the Hibbert Street water main and said he thought Lexington should own it: The pipe is 50 years old and comes from the Arlington line down Hibbert Street and takes care of only one house in Lex- ingtono He had talked the matter over with the Town Counsel who said that the Town could accept the pipe at a Town Meeting. Mr. Ross moved that an article be in- serted in the warrant to see if the Town would accept the water pipe in Hibbert Street. Mr. Giroux seconded ' the motion and it was so voted. Mr. Raymond discussed the Follen Road grading item and asked if the Board wanted to do the grading in front of the Custance house only or the whole hill. The Chairman said that T. A. Custance wanted to get the work done and asked if it would be all right for him to do it and have the Town pay him later on. The Chairman told him that as far as he was concerned it was all right and suggested that he talk with the other members. The Chairman suggested that Mr. Raymond talk with Mr. CustanOe to see if he would be willing to wait for the Town to do the whole street and pay him for it then. Mr. Raymond said that the entire street should be done next year. W th regard to snow removal, Mr. Raymond said that It would be necessary to have funds or declare an emer- gency hen the first storm came. There is about $1400. in the,account now and this will just about take care of putting up the snow fence. He was going to suggest that the sum of $8500. be appropriated because he wanted to buy a snow loader. He thought that if $1500. more was added, it probably would take care of the whole season. He said a loader would cost about $4,000.00. The Chair- man said that he thought it was pretty short notice, ask- ing for a snow loader now and he did not think that the Appropriation Committee would approve it. He said he thought such major purchases should come up at the town meeting. Mr. Ross moved that Mr. Raymond procure bids Sidewalks W.P.A.Labor & Materials Account. Hibbert Street water pipe. Follen Rd. grading. Show Removal 582 c� x on a snow loader and report to the Board. Mr. potter ' seconded the motion and it was so voted. 7ransfer to Mr. Raymond said that he would like to have $1,000. Road transferred from the Road Machinery Fund to the Road Machinery Machinery Account. Mr. Potter moved that the transfer Account, be approved. Mr. Ross seconded the motion and it was so voted. Letter was received from the Arlington Selectmen asking what, if anything, the Board was going to do Act re: days with regard to the acceptance of Chapter 85 of the off for Acts of 1937, "An Act providing for a day off in every Police seven days for police officers in certain cities and Officers. townsu. The Chairman stated that at the present time, the Lexington Police Officers had one day off in every eight days and that there had been no agitation for the acceptance of this Act. It was decided to inform Arl- ington that nothing had been done toward the acceptance of the Act. Common Vic- Application was received from Mabel W. Hopkinson of tualler's 1722 Mass. Avenue for a Common Victualler's License. Mr. License. Giroux moved that the license be granted. Mr. Ross seconded the motion and it was so voted. . I Letter was received from L. VanderWoude of 41 Baker Complaint Avenue calling the attention of the Board to the con - re: Baker dition of Baker Avenue and requesting that something be Avenue. done about it. Mr. Ross moved that the matter be turned over to Mr. Raymond for investigation and report. Mr. Potter seconded the motion and it was so voted. Richards' Letter was received from the Commissioner of Ins - insurance urance stating that Jay 0. Richards was not licensed to license. transact business as an insur,nce broker and that his last license expired on September 28th, 1933. The Board discussed the matter of establishing rates of compensation to doctors for anti -rabic treatments. Doctorst The Chairman explained that the total amount for which rates for the County would reimburse was $50.00 and that in the anti -rabic past, the doctors have been chargft usually at the rate treatments. of $3.00 per visit. It was suggested that a tate of ' $2.00 per visit be established with a maximum of $38.00 for a 21 dose treatment. This plus the $11.25 for the vaccine makes the total allowance for a 21 dose treat- ment $49.25 which is just under the allowance. Mr. Ross moved that the suggestion be approved and that the rate of $2.00 per visit with a maximum of $38.00 for a 21 dose treatment be established. Mr. Potter seconded the motion and it was so voted. Letter was received from the Arlington Selectmen asking what, if anything, the Board was going to do Act re: days with regard to the acceptance of Chapter 85 of the off for Acts of 1937, "An Act providing for a day off in every Police seven days for police officers in certain cities and Officers. townsu. The Chairman stated that at the present time, the Lexington Police Officers had one day off in every eight days and that there had been no agitation for the acceptance of this Act. It was decided to inform Arl- ington that nothing had been done toward the acceptance of the Act. Common Vic- Application was received from Mabel W. Hopkinson of tualler's 1722 Mass. Avenue for a Common Victualler's License. Mr. License. Giroux moved that the license be granted. Mr. Ross seconded the motion and it was so voted. . I Aplication was received from the Middlesex County Application Sanatorium for permission to keep swine. Inasmuch as to keep ' the number was not set down on the application, no action swine. was talon. Commitments of water liens in the amount of $297.84 and of water miscellaneous charges in the amount of Commitments $470.50 were signed by the Board. Letter was received from the Chief of Police stating that he approved the recommendations of John W. Raymond, astop" Jr. wit reference to signs in the western part of the signs: Town a2 also the "Stop" signs in various locations. Letter was received from the Town Accountant advis- ing that the 1935 appropriation for Lincoln Street was Lincoln St. short $592.60 and the 1936 appropriation for Lincoln Funds. Street had an excess of $616.84. Inasmuch as this was one job, he suggested that an article be inserted in the Warrant to request the transfer of funds from the 1936 appropriation to the 1935 appropriation in order to pay the shortage in the account. It will then leave a balance of $24.24 in the 1936 account. Mr. Ross moved that such an article be inserted Article: re in the warrant. Mr. Giroux seconded the motion, and it Lincoln St. was so voted. ' Upon motion of Mr! Ross, seconded by Mr. Potter, it was voted to adopt the order for the construction of a water main in Sheridan Street, as follows: ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Blain. SHERIDAN STREET (From Grant Street a distance of approximately 160 feet southerly). WHEREAS, at a meeting duly called and held on March 15, 1937 and adjourned to March 22, 1937s, the town meeting of Lexington pursuant to an article in the warrant of the meeting for which due notice was given, duly ad- opted by unanimous vote the following vote and made an appropriation therefor: ultoted: That the Selectmen be authorized to in- stall water mains in such accepted or unaccepted streets, as may be applied for during the year 1937 in accordance r with authority contained in the By -Laws of the Town, sub - just to the assessment of betterments, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of $2,000.00 be Sheridan Street - Water Order 584 appropriated, this money to be provided by the trans- fer of $1,650.00 from the Water Assessment Fund, and ' the transfer of $350.00 from the Water Department Available Surplus Account'. AND WHEREAS, the right of way and easement here- inafter described and taken are necessary for the es- tablishment and maintenance of the said water main; NOW, THEREFORE, the Board of Selectmen of the Town of Lexington, acting as a Board of Water and Sewer Commissioners, for and in behalf of the said town, by virtue of the authority conferred upon them by the foregoing vote and of every other power them thereto enabling, hereby adopt this order of taking by eminent domain, for the said public improvement'for the purpose of constructing and maintaining a water main in Sheridan Street from Grant Street a distance of approx- imately 160 feet southerly as aforesaid, the following easement, namely: The right to enter upon the land shown as Sheridan Street on a plan entitled, "Plan of Proposed Water Main in Sheridan Street, Lexington, Mass., Scale: 1 -in. - 40 ft., Sept. 7, 1937, Joseph A. Ross, Supt. Water Dept.", and owned by John Bullock et al and Mary E. Douglass, ' and construct therein a line of water main with all nec- essary connections, shut -offs and appurtenances substan- tially as shown on a plan of Joseph A. Ross, Supt., Water Department, dated Sept. 7, 19373 to be recorded herewith. The easement covered by this taking includes the right on the part of the Selectmen of the said town or other duly authorized agents of the town to enter upon, dig up, open and use the land embraced within the said way as may be reasonably necessary for the purpose of initially constructing and thereafter maintaining, operating, inspecting, repairing and replacing from time to time the said water main, (the said town being always bound to see that the ground after the completion of the work in each case is cleared of all surplus material and surface left in as smooth and good condition as at the time of entry) . Betterments will be assessed for this improvement in accordance with the provisions of Chapter 80 of the General Laws. The area which it is expected will re- ceive advantages other than the general advantage to the community from such improvement comprises the sev- eral lots shown upon the plan of Joseph A. Ross, Supt., Water Department, above referred to, which are designated in the schedule hereto annexed and made a part hereof. ' We estimate the betterments that would be assessed upon each such parcel of land to be as shown in the said schedule. n 4� We determine that no damages have been sustained and ' none are awarded. To have and to hold the said easement to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever agreeably to the provisions of the said Chapter 79 of the General Laws and all pertinent acts in amendment thereof or supplemental thereto. IN WITNESS WHEREOF the undersigned being a majority of the Board of Selectmen of Lexington aforesaid have hereunto subscribed our names this seventh day of Sep- tember, 1937. Charles E. Ferguson SELECTMEN Albert A. Ross William G. Potter OF Philip M. Clark Archibald R. Giroux LEXINGTON COMMONWEALTH OF MASSACHUSETTS Middlesex ss, Sept. 7, 1937 Then personally appeared the above named Charles E. Ferguson, William G. Potter, Archibald R. Giroux, Philip ' M. Clark and Albert A. loss and severally acknowledged the foregoing instrument by them subscribed to be their free act and deed and the free act and deed of the Board of Selectmen of the Town of Lexington, before me, James J. Carroll Notary Public (Term - Mar. 11, 1938) SCHEDULE OF ESTIMATED BETTERMENTS RE- FERRED TO IN THE FOREGOING ORDER SHERIDAN STREET (From Grant Street a distance of approximately 160 feet southerly). Oyer as of Jan. lst,, 1937 Assessment John Bullock et al $63.00 Mary E.'Douglass Assessment paid The meeting adjourned at 9:50 P.M. A true record, Attest: '' Clerk.