Loading...
HomeMy WebLinkAbout1937-11-23 104 V SETFCTMEN I S MEETING NOV. 23rd, 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 . Clark, Potter, Giroux and Ross were present. The Clerk was also present. Early Mr. Giroux moved that the Board meet at 7 :00 o 'clock meetings . for the balance of the year in order to give more time to welfare matters. Mr. Potter seconded the motion and it was so voted. Mr. Andrew Pewtherer appeared before the Board relative to the w3.00 per day being paid for the use of Use of his sister's truck on the W.P.A. delivering commodities. Pewtherer' s Mr. Pewtherer said that he averaged five hours work per truck. day and that Frank Belcastro drove the truck in the afternoon. He said that the truck averaged forty-four miles per day and he thought he should get 15.25 per day for it . He works twenty-eight hours per week on the W.P.A. and earns 532¢ per hour. The Chairman suggested that Mr. Mitchell discuss the matter with Mr. Raymond to see if the amount being paid was sufficient and whether or not another truck could be substituted at the same rate. Messrs. Beach, Raymond, Guthrie and Mitchell Welfare. appeared before the Board to discuss welfare matters . At 8:30 P IvL. hearing was declared open on the appli- cation of Loretta A. Robicheau for permission to lil maintain a two car garage at 580 Lowell Street. Mr. Robicheau and Mrs . Robicheau appeared and presented plan of the garage proposed garage. No persons appeared in opposition. hearing Mr. Giroux moved that the permit be granted subject to the approval of the Building Inspector . Mr. Clark seconded the motion and it was so voted. Messrs . J. 0. Richards , Louis Reynolds, C H. Schofield, Hazen Hamlin and IN. C . Caouette appeared before the Board to discuss the property acquired by the town through foreclosure of tax titles. Tax Title The Chairman said that the Board had invited them property. in to get suggestions on how to dispose of the property and get it back into taxation. He asked if they would recommend taarrring it over to them or having an auction. He said that all of the brokers would be furnished a list of the properties . Mr. Hamblin suggested that they make a division of the property and authorize each agent to try to sell what was on his list. He thought the best chance of getting the land back into taxation would be by approaching 105 the adjoining owners. If the land was of little or no value, he thought it would be better to deed the land to the adjoining owners and let them pay taxes on it . Mr. Caouette thought that none of the brokers were well enough acquainted with any of the property to make an intelligent suggestion He thought it would be best to furnish each broker with a list of the property so that they could identify it and then they would be in a position to offer suggestions as to the disposition of the property. The Chairman informed the group that they would be furnished with copies of the list of properties, together with a map locating the properties. They retired. At 8:35 P. M., Mr. Lyon Carter, president of the Lexington Public Health Association, and Miss Frances Eastman, R.N., appeared before the Board. Miss Eastman said that in July, the State consultant on public health nursing, came out with a survey they had made on maternity work for 1934 and 1935. Miss Eastman said that in 1934 there were 135 births, 1935 there were 146 births and in 1936 there were 149 births. She said that in many towns infant welfare was included in straight Board of Health work. Where there is no Board of Health nurse they appoint some agency to handle the work. The Infant births are sent to the organization as they are recorded, welfare . and the nursing service supervises the infant up to the age of one year. She said that they had figured it might mean seven to nine hundred visits a year in this town if they decided on a regular policy of supervising the infants every two weeks up to four months of age and once a month from four months to one year. She thought the cost might not exceed $500. or $600. and requested that the town include the cost of the work in its Board of Health budget. They would follow up only those babies that needed it, not those who had their own doctors or who did not want the service. She thought 50% of the cases would be followed and this would link up with the preventative program they are trying to carry on. Mr. Giroux asked if there was a possibility that the Federal Government might come in and do the work. Miss Eastman replied that it was being done in the west under the Social Security nurses. Mr. Giroux asked Mr. Carter what effect a town appropriation for this work would have on his organization where they raise money from the public. He asked if there was not a danger, when the public found that the town was appropriating some money, that the attitude would be that the town should take care of all the work. Mr. Carter said he had never considered this angle . He thought off-hand that infant welfare work was definitely a town responsibility and in that way was differentiated from the other work of the Public Health Association. He thought that this might work out something similar to the Posture Clinic. 106 me Miss Eastman said that one of the reasons for desiring the town to sponsor this work was that it would be official and the organization would have backing to go into a home where they knew an infant was not getting the proper care. The Chairman stated that if such money was to be appropriated, it would be best to have a separate article on it. He said he would like to have a detailed estimate of the amount of money the infant welfare clinic was going to require and a letter explaining what it would entail. Mr. Carter said that he would put this in writing and give the Board a chance to study it. He said that infant welfare had always been a community obligation. They retired. John F. Canessa appeared before the Board and said Canessa that there was not much doing now in the junk business Junk and that he had lost his truck. He stated that he could License. do some business with his old car and wanted to have his junk license extended to the first of the year and he probably would be able to pay one-half of the fee by that time. He retired. Mr. Ross moved that Canessa be required to make the following payments on account of his junk license: December 1st, $5.00; December 15th, $10.00; December 30th, $10.00. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond appeared before the Board. He reported that on December 5th, the insurance appropriation would Insurance be overdrawn by $139.09. He wondered if the Board account wanted to request the Appropriation Committee to transfer overdraft. that sum from the Reserve Fund. Mr. Raymond said that this overdraft was due to the fact that compensation insurance is always an estimate and the insurance on Chief Taylor's car was not figured in. Mr. Rosa moved that the Appropriation Committee be requested to trans- fer the sum of $139.09 from the Reserve Fund to take care of the deficit. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that last year the Board approved a certain schedule of snow plowing which was to the effect that the Town would not plow certain streets until Snow there was six inches of snow. The Chairman asked why un- plowing. accepted streets were not plowed until there was six inches of snow, and Mr. Raymofid said that the plow had to be lifted and they did not try to reach the bottom. The Chairman thought that there was no need of establish- ing a rule, that it was up to the Supt. of the Highway Division to decide. Mr. Raymond said that there were certain streets where they requested that the abutters put out markers as the Town has no right to do it but it would be poor 107 policy to put plows in those streets if they were not marked. He asked if the Board wished to instruct him to mark the streets necessary. Mr. Potter moved that the town mark the unaccepted streets in which they intend to plow snow. Mr. Ross seconded the motion and it was so voted. Mr. Raymond read a letter which he had received from the Supt. of the Water Department advising that the Ryders owed a total of $465.09 for water bills , not including Ryder a lien of over $300.00 recorded October 30th for 83 Cary Water rates Avenue. Mr. J. A. Ross asked what the Board wished him to do in the matter. Mr. Albert Ross moved that the Water Department be instructed to proceed in accordance with the rules and regulations of the Water Department and shut off the water for non-payment of the rates . Mr. Clark seconded the motion and it was so voted. Mr. Raymond said that the Water Department service truck was a Chevrolet and was too heavy and expensive to run around with as a service truck. He thought it would be better to purchase a three-quarter ton service Water Dept. truck and put a compressor on the chassis of this truck. truck He said that there were funds available if the Board wanted to put an article in the warrant to transfer the money from the Water Maintenance account for the tf'uck. The Chairman thought that it would be better to take the matter up in the regular budget. No action was taken on the matter. Mr. Raymond read a letter from the Mass. Bonding and Insurance Co. to Albert Bieren reporting that it was the policy of that company to issue compensation bonds Bieren for a period of one year only and that this was usually bond. acceptable. Mr. Potter said that that was not so as he was required to place a five year bond. Mr. Potter said said that it would not cost any more but the premium would have to be paid in advance. Mr. Raymond said that he had received certificates that Bieren had taken out his public liability and compensation insurance forcme year. Mr. Raymond reported that Mr. Graziano of Philomen Street had applied for electric service and the Edison Graziano Company had informed him that it would give it to him complaint if there were two more houses. He wanted to know if re light there was any way by which the town could force the service. company to give service. The Chairman stated that the Board could not do anything that he knew of but Graziano could take the matter up with the Dept. of Public Utilities. A petition was received signed by property owners on Colony Road req sting that an estimate of the cost of constructing the street be prepared, together with a list of the betterments that will be assessed.. Mr. Raymond 108 4e said that Mr. Temple, who lives there, had informed him that Colony the people wanted to know the minimum amount of work that Road. could be done and have a finished street. Mr. Clark moved that the Supt. of Public Works submit an estimate of the cost of the construction of the street according to the town's specifications. Mr. Giroux seconded the motion and it was so voted. Letter was received from the Town Counsel relative to the Follen Road sewer. Mr. Wrightington said that in his opinion, Mr. Stevenson' s letter, together with that of the Follen Rd. State Dept. of Public Health, could not be said to establish Sewer a health menace which required action before the next Town Meeting. He recommended that an article be placed in the warrant. Mr. Ross moved that an article for the extension of the sewer in Follen Road be inserted in the warrant for the December Town Meeting. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said he had received a claim from Dan Loss of McGinnis, who said that he brought some tools to the Brown's McGinnis' Brook project upon his own volition and left them there when tools. he went to take private employment. When he returned, the tools were gone and he asked if he could be reimbursed for their loss. Mr. Ross moved that no action be taken. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that in the past they usually had Thanksgiv- found some sort of a conveyance to distribute the baskets ing the Wednesday before Thanksgiving, and he wanted to know Baskets. if the Board would approve using the Engineering Dept. beach wagon. Mr. Giroux moved that the Board approve the suggestion. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that there was some carpentry work to Work at be done at the Stone Building, and he suggested that Stone Thomas Doherty be allowed to do the work and that he be Building. paid at the rate of $.60 per hour. He thought there was about a week's work. Mr. Giroux moved that Mr. Doherty be taken off welfare for the time he is working at the Stone Building. Mr. Ross seconded the motion and it was so voted. Mr. Raymond said that last week the Board requested him to look into the matter presented by the American Legion of the Highway Department employing single men and discharging married men, of whom William O'Dell was one. Highway He said it was found that there were two or three single Dept. men who were kept on the Department but that they were men employees. with special qualifications and he felt that they should be kept. When O 'Dell was put on, he was put on temporarily. It was decided to request Mr. Paxtonto talk with Raymond White, Commander of the American Legion, and explain the situation to him. 109 Application was received from the Board of Trade for permission to use Cary Hall on the evening of December Use of 28th for the purpose of holding a community get-together Hall. free of charge. Mr. Potter moved that the use of the hall be granted free of charge. Mr. Giroux seconded the motion and it was so voted. In view of Chapter 282, Statute 1937, Mr. Ross moved that the following amendment to the Board of Health regu- lations be adopted: "Voted: That the Board of Selectmen, acting as a Board of Health, adopt the following regulation under the author- Health ity of G. L. Ch. 111, sec. 31A as amended by Stat. 1937, Regulation Ch. 282, namely: The present regulations of the Board of Health. adopted May 22, 1933 are hereby amended by sub- stituting in Ch. III, sec. 4 for the words "May 1" the words "December 31". Except as herein Amended the said sec. 4 is hereby confirmed and re-adopted. " Mr. Potter seconded the motion and it was so voted. Letter was received from the Town Accountant advising that up until October 1st, 1935, it was held by the Treasury Department that gasoline used by a municipality in ' an essential governmental function was exempt from the Federal Tax, but it was further held that electric and Water Dept water departments did not constitute an essential govern- money. mental function and that further, the gasoline used by those departments was subject to the Federal Tax. After October 1st, 1935, a change was made and from that date gasoline used by the Water Department has been exempt from Federal Tax. The Federal Government has made an audit of the accounts of the American Oil Co. and has disallowed the deductions for the Federal tax from the Water Dept. bills for 1933 and 1934. The tax for these years amounts Article to $78.33. Mr. .Russell suggested that an article be inserted in the Warrant for the December meeting to see if the Town will transfer this amount from the Water Dept. Available Surplus Account to pay these bills. The Chairman said that the Director of Accounts had ruled that the $1500. appropriated for the Smith property Barnes could not be used in the $5500.00 nedessary for the bond property issue for the purchase of the Barnes property, which meant notes. that the amount to be transferred from E. & D. for the Barges property would have to be increased by $1500.00. He said that if the Board wanted to save the E. & D. account $1500.00, he would suggest that Mr. Russell take the matter up with Mr. Waddell to see if he could convince him that the $1500.00 was raised for "School, park, and p)a yground" purposes. Mr. Giroux moved that Mr. Russell be instructed to take the matter up with the Director of Accounts. Mr. Potter seconded the motion and it was so voted. 110 30 Notice was received of the expiration of fire ins- Insurance. urance policy under blanket schedule in the amount of 430,000.00 on December 5th through the office of A. A. Marshall & Son. No action was taken on the matter. Upon motion of Mr. Clark, seconded by Mr. Giroux, lCert. of it was voted to sign the certificate of character for Icharacter. J. Henry Smith, Jr. , one of the incorporators of the Paine Foundation. A statement to be signed by the Planning Board and the Selectmen was submitted by the Planning Board. It is Board of proposed to enclose this statement with the report of the Survey Act. Committee appointed to study the 1936 Act relative to Planning Boards and Boards of Survey. Mr. Giroux moved that the statement be submitted to the Town Counsel to see if he approved of it. Mr. Ross seconded the motion and it was so voted. Letter was received from the Town Counsel relative to Max Berman's overhanging sign. Mr. Wrightington said Berman's that the regulations covering these signs state that no Overhanging such sign shall project into a public way more than two sign. Feet unless illuminated and not more than five feet except by special permission of the Board. He said that if the application did not comply with Section 8 of the regulations he thought there had been a violation and the Selectmen were entitled to revoke the permit under paragraph 12. Mr. Giroux moved that the matter be turned over to the Building Inspector for investigation and report. Mr. Potter seconded the motion and it was so voted. Letter was received from Fred C. Newhall relative to the water bill of his mother, Mrs . H. M. Ripley of 2 Audubon Road. Mrs . Ripley's November bill carried an excess amount of 42.79. Mr. Newhall said that his mother had occupied the house since 1911 and this was only the second time in twenty-six years that the meter had shown an excess amount. He said that the meter was removed Ripley after protest had been made at the Water Department office water bill. and as it tested O.K. , an additional charge of 41.00 was madefor the service. Mr. Newhall said that there were no leaks and the occupants were away many week-ends during August and September and they never even watered the lawn and it seemed highly improbable that the bill could be correct. He said that when the man came to take the meter out, Mrs . Ripley said that she did not want it done if there would be a charge , and she was assured that there would be no further charge. Mr. Newhall requested an abatement of 43.79. Report was received from the Supt. of the Water Dept . on the Ripley bill. He said that when the meter was read, the reader noticed the unusually large amount of water 111 wetland had Mrs. Ripley check the reading. Later that day, Mr. Ripley came to the office and reported that the meter showed an unusually large consumption and he was told that if he wanted the meter taken out and tested, there would be a charge of $1.00 if it was found to be registering accurately. The Water Dept. understood that he wanted the meter removed as the test at the house showed that there were no leaks. The meter tested 98 2/3% which is within the State allowance. Mr. Clark moved that the charge of $1.00 for testing the meter be abated due to the misunderstanding and that the water bill stand as rendered. Mr. Potter seconded the motion and it was so voted. Letter was received from the Town Counsel to which was attached a bill in the amount of $100.00 rendered by Harry A. Gilbert for the appraisal of the premises owned Colonial by the Colonial Garage and involved in their suit against Garage the town for damages for a sewer taking. Mr. Wrightington case. approved the bill and said that if the case had to be tried, Gilbert would charge at the rate of $50.00 per day with a minimum of $100.00. Mr. Ross moved that the bill be approved. Mr. Clark seconded the motion and it was so voted. Letter was received from the Town Counsel addressed Bill for to the Town Clerk to which was attached the bill from Harrington Arthur J. Wellington for paying the recording fees for the deed. deed of the five foot strip adjoining Vine Brook from the Arlington Five Cents Savings Bank to the Town. Mr. Ross moved that the bill be approved and charged to the Unclassified Account . Mr. Clark seconded the motion and it was so voted. Letter was received from the Supt. of the Shade Tree Department stating that he thought itwould be an excellent Gypsy idea to appoint a committee to study the subject of gypsy Moth moths in Lexington as recommended by the Mass. Forest end Committee Park Association. Mr. Garrity thought that the Town Forest Committee might be the proper one to handle the work but thought it would be a good idea to get in touch with the Lexington Field & Garden Club as they might be able to help in the selection of a committee. Mr. Ross moved that Mr. Garrity be requested to confer with the Lexington Field and Garden Club relative to the selection of a committee. Mr. Potter seconded the motion and it was so voted. Bill was received from Wm. R . Greeley in the amount of $17.69 for studies and preliminary plans of additions Town Offic to the Town Office Building. Mr. Giroux moved that the plans. bill be approved and charged to the Unclassified Account. Mr. Clark seconded the motion and it was so voted. 112 me Commitment of water miscellaneous charges in the Commitment. amount of $19.00 was signed by the Board. Mr. Giroux moved that the application of William License. Viano for a Theatre License at 1794 Mass. Avenue be approved. Mr. Ross seconded the motion and it was so voted. Mr. Giroux said that he had received a complaint that people were living in the trailers at the junction of Trailers . Concord Avenue and Waltham Street . Mr. Giroux moved that the matter be turned over to the Building Inspector and Mr. Stevenson for investigation and report. Mr. Potter seconded the motion and it was so voted. Letter was received from the Chief of Police recommend- ing the appointment of another sergeant and two additional patrolmen to be included in the Police Department budget Police for 1938. Chief Sullivan said that one patrolman was Dept. needed for days in the center between the hours of 1:00 A.M. and 8:00 A.M. and the other man is needed to cover automobile violations. Chief Sullivan said that in his opinion the time had cone when permanent men should be assigned to curb fast and reckless operation of automobiles in the town. The Board felt that there was no doubt but that there was need of more police officers in the town. The Chairman thought it would be well to secure information from surrounding towns as to the number of men on the police forces in comparison with the area and population of the towns. The Clerk was requested to get some information on the matter. Town Mr. Giroux moved that a Town Meeting be held on Meeting. December 20th. Mr. Ross seconded the motion and it was so voted. Carroll Letter was received from the Town Counsel advising case. that the case of Carroll vs . Lexington had been decided in favor of the Town. Letter was received from the Town Accountant advising that there were not sufficient funds in the Soldier 's SoldiersRelief Dept. to pay the bills submitted to him this week. Relief Upon motion of Mr. Ross, seconded by Mr. Giroux, it was Account. voted unanimously to declare an emergency in the Soldiers' Relief Dept. under the provisions of Section 31, Chapter 44, General Laws. The Selectmen then signed Warrant #155 upon which were two Soldiers ' Relief bills totaling $44.70 The Welfare Agent discussed welfare matters with the Welfare. Board. The meeting adjourned at 11:05 P.M. A true record, Attest : Clerk.