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HomeMy WebLinkAbout1937-10-22SELECTMEN'S MEETING OCTOBER 22, 1937. A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, at 5:00 P.M. Chairman Ferguson, Messrs. Potter, Clark, Giroux, and Ross were present. The Clerk was also present. The Chairman said that he had talked'with Mr. Gould of the Boston office of the Federal Surplus Commodities Corporation relative to surplus milk. Mr. Gould said. that all of the towns around were going to take the milk, and wanted to know if Lexington was. It will cost the town two cents per quart. Mr. Giroux said that he talked with Gould and told him that he was opposed to the plan because it would interfere with the small milk dealer. Mr. Clark said that he was opposed to the matter in principle. Mr. Ross moved that the plan be tried out until such time as there is sufficient opposition to warrant dis- continuance, and that the milk be distributed at a cost of $2.72 per day plus $3.00 per week for transportation. Mr. Potter seconded the motion and it was so voted. Mr. Clark voted in opposition to the matter. ' Letter was received from the Supt. of Public Works relative to the Follen Road and Hayes Avenue sewers. Mr. Raymond said that in his opinion both cases were emergency matters. He thought, however, that the situation at Follen Road was slightly more serious than at Hayes Avenue. He felt that funds should be provided for both of the extensions within the next two or three months. Mr. Clark moved that the Board authorize the extension of the sewer main in Follen Road from Smith Avenue far enough to serve the Lawson property. Mr. Potter seconded the motion, and it was so voted. The board then discussed police matters. Mr. Giroux said that a year ago he recommended to the Board that the whole department come before the Board in two shifts, and that the Board talk to the members and tell them what was expected of them. He said that the Selectmen take an oath of office and are supposed to see that all departments function properly. Mr. Giroux thought that the Selectmen would be to blame If they allowed the condition in the Police Department to continue. He said that the Police Department was the worst functioning department in the town. The Chairman said that as far as he could make out, the Chief had no complaint in the Knapp case. The ' Selectmen asked him last Tuesday night if the police officer reported sick, and he said that he did. That 55 Surplus milk for Welfare . Follen Road sewer extension. Police matters. 56 was the only thing that the Chief had against him the first night he came in, that the officer did not report3 but he refuted that statement Tuesday night. The Chair- ' man said he understood that Knapp had some sort of an infection in his foot, possibly a strep3ncoccus infection. He asked the Clerk to get a statement from Dr. Pyle on the man's condition, but it had not come in. As far as he could see, the whole situation was summed up to the Chief of the Department. You cannot blame a roan if the executive cannot straighten out the matter. Mr. Giroux said that if it was a question of firing some of the men, he was for firing them; if it was the fault of the Chief,,he was for doing something about him. The Chairman said that under the civil service lavas, you had to have good and sufficient reason for firing a man. Mr. Giroux said that if the Board considered the men guilty and causing trouble, they should be let go. If the court fihds them not guilty they can be taken back, but the•Selectmen will have done their duty. The Chairman said that if you gave the Chief six months or a year in which to straighten out the depart- ment, and he did not do it, you should be able to gather facts in the specified time, and do something about it. He did not think that the Board was in a position now to do anything drastic about the men. Mr. Giroux said that the Board should back up the Chief, then, provided it thought that the charges were , just. Mr. Potter said that he thought that the matter should be considered in a general way. He wondered if it would be a good idea to have the department in and tell the men that the Selectmen were disgusted with the way it was being carried on and having the Chief in separately and telling him that the Selectmen did not think that the department was being run the way it should. be run. Mr. Giroux moved that the Police Department be summoned before the Board of Selectmen in such manner as will not disrupt the police service, and that the Board state its position frankly to the department, with the idea of giving the members just warning as to future action in cases of neglect of duty, etc. Mr. Ross seconded the motion, and it was so voted. It was decided to take no action on the Knapp suspension until Dr. Pyle's report was received. The Chairman said that last Saturday there seemed to be a difference of opinion regarding Harvey, so he wanted to bring up the matter again. Mr. Potter thought that there was nothing to be done until some action had , been taken on the man's license. The Chairman said that if Harvey was going to be 57 The Chairman read a letter which he had received' Nelson from Mr. Giroux. The letter was written by Carl Nelson, request and requested that he be put back to work on the W.'P.A. for work. tolls. The Clerk was instructed to turn the letter over to Mr. Raymond. The Board signed the following order in connection with the McIntosh drain easement: ORDER OF TialNG BY THE TOWN OF LEXINGTON OF AN EASEMENT UNDER THE ACTS OF 3926, CHAPTER 263 ' WHEREAS by Chapter 263 of the Acts of the year 1926, entitled "An Act Relative to Improving the Surface and Ground Drainage in the Town of Lexington and in Adjoining Towns," said Town was authorized, among other things, by out two or three months without a license, that might be ustifiable cause for taking more drastic action. The ' 8hief says that the man is of no use to him without a license, and he is the head of the department. Mr. Giroux asked how Harvey could take a man into Court for drunken driving; the accusedts attorney would Harvey no doubt get Harvey's record. case. The Chairman said that in his opinion, if the Select- men were going to discharge the man, the time to do it was in the beginning. If he is going to be out two or three months, he did not think that the Board should hold his job open for him. Action will have to be taken when this -last suspension is up: In view of the action taken, the thing to do is let the suspension stand, and at the end of the month, if the Board wants to take more drastic action, all right. Mr. Clark asked if a letter to Registrar Goodwin would furnish any information as to.when the manfs license might be returned. Mr. Giroux moved that in deference to the verdict of the Superior Court on Officer Harvey, that his sus- pension stand as now in effect, pending decision of the Registry of Motor Vehicles as to the return of his driving license. Mr. Potter seconded the motion, and it was so voted. ' The Board then discussed the case of John Barry. Mr. Potter said that if the Board was going to give punishment, it .should consider the wife and children in these families; that is, make the men work extra hours for Barry a certain length of time, rather than laying them off. case. Mr. Potter moved that Officer John Barry be required to work one hundred and twenty -hours (120) as unishment duty, without pay, in accordance with Rule 7(a of the Police Department Rules and Regulations. Mr. Ross seconded the motion, and it was so voted. The Chairman read a letter which he had received' Nelson from Mr. Giroux. The letter was written by Carl Nelson, request and requested that he be put back to work on the W.'P.A. for work. tolls. The Clerk was instructed to turn the letter over to Mr. Raymond. The Board signed the following order in connection with the McIntosh drain easement: ORDER OF TialNG BY THE TOWN OF LEXINGTON OF AN EASEMENT UNDER THE ACTS OF 3926, CHAPTER 263 ' WHEREAS by Chapter 263 of the Acts of the year 1926, entitled "An Act Relative to Improving the Surface and Ground Drainage in the Town of Lexington and in Adjoining Towns," said Town was authorized, among other things, by IM6 McIntosh Drain Easement. the construction of drains or otherwise to divert any surface or ground water into -any brook, stream, pipe, conduit or channel; and for the purposes aforesaid purchase or take, in fee simple or otherwise, land or any right or easement in land including any brook; stream, pond or water course or any part thereof; and WHEREAS the said Town of Lexington duly accepted said Act in the manner provided therein; and WHEREAS Charles E. Ferguson, Albert A. Ross... William G. Potter, Archiba;Ld R. Giroux and. Philip M. Clark, citizens and residents of the said Town have been duly qualified and are now the duly -elected, qualified and acting Board of Selectmen pursuant to law and the provisions of the Act above referred to, and WHEREAS the Town on the 22nd day of March, 1937, voted: That the sum of $19,600.00 be appropriated for the disposal of surface drainage by the construction of drains or conduits and for that purpose to take lands or easements by imminent Domain as follows: - In private lands of Ellen B. Welch, Lulu M. Blake, Heirs of Hallie C. Blake, and in Patriots Drive from the McIntosh drain at 24 Merriam Street to the manhole in the Right of Way off Hancock Street in the rear of land of Lena G. Dreselly; Reed Street and lands of Ernest E. , MacPhee and the Lexington Co-operative Bank; Locust Avenue, Independence Avenue, and Massachusetts Avenue to Curie Street and in such other streets and locations as the Selectmen may designate. WHEREAS the Selectmen have designated the location of an easement to be taken to install and maintain a drain or conduit with the necessary manholes, catch basins and connections to carry such surface and under- ground water as may flow through any like public drain connected now or hereafter therewith as follows: Beginning at a manhole on an existing drain near the northerly corner of land now or formerly of Lena G. Dreselly thence southeasterly and along the line of said existing drain if extended through lands now or formerly of said Lena G. Dreselly and Patriots Drive so called c about 112 feet to a proposed catch basin in the westerly side of Patriots Drive, the proposed drain to be wholly within a ten foot strip of land adjacent to the Blake estate, and the proposed catch basin cover to be located in the westerly side of Patriots Drive to be within four feet of the Blake properi* line, thence turning and con- tinuing in a more easterly direction across said Patriots , Drive and land now or formerly of Lulu M. Blake for a distance of about 185.85 feet to a proposed catch basin, 59 thence turning in a southeasterly direction and running about 59.0`feet to a proposed manhole on land now or formerly of said Lulu M. Blake, thence turning in a northeasterly direction and running about 47.55 feet to a proposed catch basin on land now or formerly of said Lulu M. Blake, thence turning in an easterly direction and running about 95. feet across lands now or formerly of Lulu M. Blake, Willard D. Brown and Ellen B. Welch to an existing manhole locatdd ,nn. land now or formerly of said Ellen B. Welch which is at the junction of an existing pipe drain and an old stone drain at the end of a right of way or easement conveyed ,to the Town of Lexington by Neil McIntosh and Lila M. McIntosh on the'l6th day of May, 1929. All as shown more particularly on a "Plan of Proposed and Existing Drains ff'om Merriam Street to Hancock Street Through Private Lands, Lexington, Mass., June 4, 1937, Scale 1 inch = 40 feet, John T. Cosgrove, Town Engineer", and WHEREAS the easement and rights hereinafter taken are necessary for the said purpose; ]ROW, THEREFORE, the said Board of Selectmen acting ' for and on behalf of the said Town under the authority of the said Chapter 263 of the Acts of 1926, and of every other power them thereto enabling, do hereby take an easement of drainage in the line of location above described and shown on said plan of sufficient capacity to convey the surface and underground water which will flow through and from drains constructed and to be constructed in said location and any connections now or hereafter made there- with, including the right on the part of the said Town or its duly authorized agents from time to time to enter upon, dig up, open, excavate on the lands adjacent to the above described line and to install pipes, catch basins and manholes and inspect and repair the same and make connections thereto and including the right to discharge surface and underground water into said manhole located near the northerly corner of land now or formerly of said Lena G. Dreselly, tht6tigh lands now or formerly of said Lena G. Dreselly, Lillian N..Pearce, and Florence M. Cook to Hancock Street so called and including also the right to enter upon the lands now or formerly of skid_Lena,G.•'Dreselly-'and Lillian N. Pearce, and on lands now or formerly of Florence M. Cook within a distance of 6 feet on each side of said existing drain for the purpose of repairing, replacing and clearing of obstructions the said existing drain. Title to said existing drain is also hereby taken. The said Town being always bound to clear, the grounds of all surplus material, leaving the surface in as good and 60 V smooth condition and the shrubbery and trees in as good condition as at the time of entry. , We determine that no damages have been sustained and none are awarded. TO HAVE AND TO HOLD the said easement and rights to the Town of Lexington, its successors and assigns, to its and their own use and behoof forever. IN.WTTNESS..W8ERE0F the�said Board of Selectmen have hereunto subscribed their names this 22nd day of October, 1937. Charles E. Ferguson Philip M. Clark Archibald R. Giroux Albert A. Ross William G. Potter w COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Oct. 22, 1937 Then personally appeared the above named Charles E. Ferguson, Albert A. Ross, William G. Potter, Archibald R. Giroux and Philip M. Clark and severally acknowledged the , foregoing instrument and statement by them subscribed to be their free act and deed and the free act and deed of the Town of Lexington, before me James J. Carroll Notary Public (Term - Mar.11, 1938) The meeting adjourned at 5:45 P.M. A true record, Attest: Clerk. �I