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HomeMy WebLinkAbout1938-01-04 158 SELECTMEN'S MEETING JAN 4th, 1938. 1 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, at 7:00 P.M. Messrs. Potter, Clark and Ross were present. The Acting Clerk was also present . In the absence of Mr. Ferguson, Mr.. Potter acted as Chairman. Edward W. Taylor, Chief of the Fire Department, Roy A. Cook and Officer Edward C. Maguire appeared before the Board. Chief Taylor stated that they had come before the Board in regard to an accident in which Engine #2 was involved while returning from an alarm on April 19th. He stated that Captain Cook was operating the apparatus which was in collision with an automobile owned by one Wilbert B Pierce, and Pierce 's car was damaged to the extent of ;;x52.00. This claim was never settled, and now Captain Cook is being sued for $200.00. Officer Maguire stated that he was on duty on April 19th on Bedford Street at the junction of Hancock Street. The traffic was very heavy on that date. He had halted the traffic to allow persons to cross the street, and when he beckoned the cars to continue on, he noticed the fire apparatus, which was on Bedford Street at the corner of Elm Avenue. There were about six cars ahead of it, and traffic was proceeding at the rate of approximately 20 miles per hour. While he had turned his back to this traffic to see that conditions were all right on Hancock Street, he heard brakes being applied and turned to see that a group of children standing by the Statue had run out onto the street causing a Ford convertible car to stop suddenly. The car directly in back of the Ford was the car operated by Mr. Pierce, who also stopped suddenly. The fire apparatus was behind Mr. Pierce, and Officer Maguire said that Captain Cook was doing all he could to stop the engine, but could not hold it sufficiently, as it bumped into the rear of Mr. Pierce's car, damaging the trunk. Officer Maguire asked if there were any injuries and was told that there were none. He then told Mr. Pierce to 6o down to the Fire Station to get the necessary in- formation and Mr. Pierce got in his car and drove away. There was nu damage to the mechanical part of the auto- mobile, merely body dents and damage to the trunk. Captain Cook said that it was impossible for him to bring the engine to a stop quickly enough, as the cars stopped very suddenly, although they were all proceeding slowly. He said that the apparatus did not move the other car when it struck it. Chief Taylor said that the accident was reported and he advised Mr. Pierce that he had turned the matter over to the legal department. Mr. Pierce claimed damage in Y 159 the amount of X52.75. Chief Taylor read the letter he had i written to Mr. Wrightington on the matter and also read Mr. Wrightington' s reply, who stated that the town was not liable for 'elle damage. He stated that nothing further had been done on the matter until Captain Cook was sued for $200.00. They retired The Board considered the matter, and Mr. Clark moved that Mr. Wrightington be instructed to settle the claim to the best advantage of the town. Mr. Ross seconded the motion and it was so voted. Mr. Mitchell and Mr. Morse appeared before the Board to discuss welfare matters . Welfare . Messrs . Caouette, Foster, Hamlin and Schofield, real estate agents, appeared before the Board in regard to tax title property owned by the town. They presented a letter to the Board setting forth their findings and recommendations, attached to which was a list of prices which they felt the property might sell for. Mr. Caouette stated that they would advise having the Board study the recommendations and inform the agents of their decision. He stated that a lot of the property, in the main, did not present a ready sale. He also stated that there were certain sections where a little study Tax title ii should be given, particularly along the proposed Route property 128. The agents did not feel that this property should be sold at this time. Mr. Caouette said that the agents had tried not to consider the assessed valuations at all because of changing conditions. They priced the lots before they looked at the assessed valuations . He stated that the agents should be given a sub-division map showing the location of all the properties, and that signs should be erected on the lots calling attention to the fact that the land is for sale. Mr. Caouette said that it was the feeling of the agents that a lot of the land could be sold more readily if there were roads leading to the various lots. He felt that sedondary streets could be built that would serve the public sufficiently, inasmuch as in these sections the roads would not be heavily travelled. The agents also suggested that there was a great deal of the property that could be set aside for bird ssaictuaries or parks, and by doing this the town would stop undesirable developments . They asked the Board to give consideration to the matter of having secondary streets built to give access to some of these properties. Mr. Potter informed the group that the matter would be considered and they retired.. Mr. Raymond appeared before the Board He stated lii that he understood work was to be started excavating at the post office site and the contractor wants to sell the material. Mr. Raymond asked if the Board would approve Fill his offering the contractor the sum ofy'-:>.25 per yard for l _ -- -- 162 40. that some consideration be given to the matter. Mr. Ross moved that the matter be laid on the table for one week. Mr. Clark seconded the motion and it was so voted. Mr. Raymond brought up the matter of the bond re- Supt' s. quired for the Supt. of Public Works in the amount of bond. 01000.00. He stated that he felt this was unnecessary. The Board considered the matter and was of the opinion that it was not necessary for Mr. Raymond to continue to carry the bond in this amount. The Board signed an order for the construction of a sewer in Hibbert Street as follows : COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . Town of Lexington. WHEREAS, the Town of Lexington at a Town Meeting duly called and held on March 15th, 1937 and adjourned to March 22nd, 1937, duly adopted under Article 17 of the Warrant the following vote : "Voted: That the Selectmen be authorized to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1937, in accordance with St. 1897, Ch. 504, as amended, or otherwise, and to take by eminent domain the necessary easements therefor, and for the purpose of said installation the sum of 01700.00 be appropriated and transferred from the Sewer Assessment Fund", and at a meeting of the Board of Selectmen held on January 4th, 1938, it was voted to Hibbert authorize the extension of the sewer in Hibbert Street, Street sewer from a point about 96 feet southwesterly of Massachusetts Order. Avenue to a point southwesterly and distant about 85 feet, under the provisions of General Laws, Chapter 80, Voted: By the Selectmen, acting as a Board of Water and Sewer Commissioners under the authority conferred by Statute 1897, Chapter 504 and Acts in amendment thereof and in addition thereto, and of votes of the Town of Lexington pursuant thereto, that a sewer be constructed in Hibbert Street, from a point about 96 feet southwest- erly of Massachusetts Avenue to a point southwesterly and distant about 85 feet, substantially in accordance with plan made by John T. Cosgrove, Town Engineer, dated December 29, 1937 and entitled, "Plan of Proposed Sewer in Hibbert St. , Lexington, Mass. , Dec. 29, 1937 Scale 1 in. - 40 ft. , John T. Cosgrove, Town Engineer'. Betterments will be assessed for this improvement in Accordance with the provisions of Chapter 221 of the Acts of 1926. 159 the amount of },,52.75. Chief Taylor read the letter he had written to Mr. Vriyhtington on the matter and also read Mr. ,1rightington' s reply, who stated that the town was not liable for the damage. He stated that nothing further had been done on the matter until Captain Cook was sued for $200.00. They retired. The Board considered the matter, and Mr. Clark moved that Mr. Wrightington be instructed to settle the claim to the best advantage of the town. Mr. Ross seconded the motion and it was so voted. Mr. Mitchell and Mr Morse appeared before the Board to discuss welfare matters . Welfare. Messrs. Caouette, Foster, Hamlin and Schofield, real estate agents, appeared before the Board in regard to tax title property owned by the town. They presented a letter to the Board setting forth their findings and recommendations , attached to which was a list of prices which they felt the property might sell for. Mr. Caouette stated that they would advise having the Board study the recommendations and inform the agents of their decision. Iie stated that a lot of the property, in the main, did not present a ready sale. He also stated that there were certain sections where a little study Tax title should be given, particularly along the proposed Route property 12£3. The agents did not feel that this property should be sold at this time . Mr. Caouette said that the agents had tried not to consider the assessed valuations at all because of changing conditions. They priced the lots before they looked at the assessed valuations . He stated that the agents should be given a sub-division map showing the location of all the properties, and that signs should be erected on the lots calling attention to the fact that the land is for sale. Mr. Caouette said that it was the feeling of the agents that a lot of the land could be sold more readily if there were roads leading to the various lots. He felt that sedondary streets could be built that would serve the public sufficiently, inasmuch as in these sections the roads would not be heavily travelled. The agents also suggested that there was a great deal of the property that could be set aside for bird snetuaries or parks, and by doing this the town would stop undesirable developments. They asked the Board to give consideration to the matter of having secondary streets built to give access to some of these properties. Mr. Potter informed the group that the matter would be considered and they retired.. Mr. Raymond appeared before the Board. He stated that he understood work was to be started excavating at the post office site and the contractor wants to sell the material. Mr. Raymond asked if the Board would approve Fill his offering the contractor the sum of $.25 per yard for 160 Gel 4111 the material delivered at the center play round. He thought that there was .bout 1000 yards of material. Mr. Clark moved that Mr. Raymond be authorized to offer the contractor the sum of i,.25 per yard for the material delivered at the center playground. Mr. Ross seconded the motion and it was so voted Mr. Raymond said that the Water Dept. had rendered a bill to J. Willard Hayden for building a pit for the meter, etc. in the amount of 06.40 for the connection Hayden to his service from Shade Street, and that Mr. Hayden bill. had returned the bill. He read a letter from Mr. Hayden stating that as per his arrangement , he had paid X521.37 for laying of the main and meter arrangements, and he felt that in view of his agreement with the town, he should not be charged for building the pit . Mr. Clark moved that Mr. Raymond look up the records in connection with the matter and that it be left in his hands to settle. Mr. Ross seconded the motion and it was so voted. Mr. Raymond stated that last year the Board des- Streets for ignated certain streets to be set aside which were to coasting. be marked and sanded for coasting purposes. He wanted to know if the Board wished to do the same thing this year. Mr. Ross moved that certain streets be set aside for coasting purposes, said streets to be designated by Mr. Raymond. Mr. Clark seconded the motion and it was so voted. Mr. Raymond reported that he had received a complaint from Eugene Viano in regard to the town not lifting snow Snow in in front of the Colonial Garage. front of Letter was also received from Mr. Viano, which Mr. Colonial Potter read, setting forth the same complaint. Garage. The Board considered the matter at length and Mr. Ross stated that he had heard several complaints in regard to the water that accumulates at the entrances to the garage. Mr. Ross moved that the Supt. of Public Works be authorized to lift the snow in front of the Colonial Garage Inc. at 1668 Mass. Avenue as a temporary measure to relieve the drainage condition caused by water accumulating at the entrances to the garage. Mr. Clark seconded the motion and it was so voted. Mr. Raymond reported that he had received a complaint from Mr. William Hunt that the calcium chloride used in Complaint tile sand which was spread on the streets was damaging re sand. the floors J.n the stores . Mr. Raymond said that sodium chloride was used in the sand to cut the ice and it was his opinion that if sand alone were used, that would cause even more damage to the floors and the snow would ' not go away so fast. Mr. Clark moved that no action be taken on the matter. Mr. Ross seconded the motion and it was so voted. 161 Mr. Potter suggested that whenever there was a snow storm, that the men receiving welfare aid be required to Welfare men go out and wor.: on snow removal and that they be paid at on snow. the regular scale of wa_,es . He felt that this would assist the welfare recipients and would also hasten the removal of snow. Mr. Raymond reported that he had arranged to settle the claim of the Fidelity and Deposit Co. , the company holding insurance on the plate glass window of the store Berman owned by Berman at the corner of Hibbert Street and Mass. window Avenue dama`ed by blasting, in the amount of 033.74. claim. He stated that Mr. Wrightington had approved settlement of the claim, subject to the receipt of the necessary releases. Mr. Clark moved that the claim be approved for settlement. Mr. Ross seconded the motion and it was so voted. Mr. Raymond said that he had received inquiries from men working on the Moth project receiving supplementary aid as to whether or not they were protected in case of injury. Mr Raymond talked to Mr. Mitchell about it and Insurance he said that they were not covered by insurance. Mr. on Raymond therefor took the matter up with Mr. Hill who welfare stated that they could be included under the present workers. policy if the Board wished to have this done at a probable rate of 3.00 per hundred dollars of payroll, based on a minimum weekly payroll of 0.00 per man per week, so the insurance would be 0.27 per week as a minimum. Mr. Raymond stated that if the insurance were carried, more money would be needed in the Insurance appropriation. Mr. Clark moved that the men be covered with insurance for a period of three months. Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that he had received the follow- ing bids on making repairs to the shovel: Maguire Faucher - Maximum of 0276.12 and minimum of y240.00 Bids on Spencer Cylinder Grinding Co. - Maximum of 0300.00, no shovel minimum stated repairs. Sterling Motors Corporation - 0175.00 Mr. Clark moved that the bid be awarded to the Sterling Motors Corp. if, in Mr. Raymond' s opinion, the bid covers all the necessary work on the motor. Mr. Ross seconded the motion and it was so voted. Mr. Raymond read a letter which he had received from Overtime Mr. Paxton, Supt of the Highway Division, in regard to for overtime pay for the Assistant Superintendent. Mr. Paxton's O' Connor letter stated that the Assistant Superintendent was on a weekly basis and does not receive any additional pay for extra hours. HIe stated that during the past snow storm, Mr. O'Connor had put in 27 hours overtime and requested ..62 Ale that some consideration be given to the matter. Mr. Ross moved that the matter be laid on the table for one week. Mr. Clarx seconded the motion and it was so voted. Mr. Raymond brought up the matter of the bond re- Supt ' s. uired for the Supt. of Public Works in the amount of bond. $1000 .00. He stated that he felt this was unnecessary. The Board considered the matter and was of the opinion that it was not necessary for Mr. Raymond to continue to carry the bond in this amount. The Board signed an order for the construction of a sewer in Hibbert Street as follows : COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . Town of Lexington. WERREAS, the Town of Lexington at a Town Meeting duly called and held on March 15th, 1937 and adjourned to March 22nd, 1937, duly adopted under Article 17 of the Warrant the following vote : "Voted: That the Selectmen be authorized to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1937, in accordance with St. 1897, Ch. 504, as amended, or otherwise, and to take by eminent domain the necessary easements therefor, and for the purpose of said installation the sum of $1700.00 be appropriated and transferred from the Sewer Assessment Fund", and at a meeting of the Board of Selectmen held on January 4th, 1938, it was voted to Hibbert authorize the extension of the sewer in Hibbert Street, Street sewer from a point about 96 feet southwesterly of Massachusetts Order. Avenue to a point southwesterly and distant about 85 feet, under the provisions of General Laws, Chapter 80, Voted: By the Selectmen, acting as a Board of Water and Sewer Commissioners under the authority conferred by Statute 1897, Chapter 504 and Acts in amendment thereof and in addition thereto, and of votes of the Town of Lexington pursuant thereto, that a sewer be constructed in Hibbert Street, from a point about 96 feet southwest- erly of Massachusetts Avenue to a point southwesterly and distant about 85 feet, substantially in accordance with plan made by John T. Cosgrove, Town Engineer, dated December 29, 1937 and entitled, "Plan of Proposed Sewer in Hibbert St. , Lexington, Mass. , Dec. 29, 1937 Scale 1 in. - 40 ft. , John T. Cosgrove, Town Engineer '. Betterments will be assessed for this improvement in accordance with the provisions of Chapter 221 of the Acts of 1926. 163 The area which it is expected will receive benefit or advantage to the community from such improvement is described as follows : That portion of those properties on each side of Hibbert Stteet, from a point about 96 feet southwesterly of Mass- achusetts Avenue to a point southwesterly and distant about 85 feet. The said area comprises the several lots shown upon the plan hereinbefore referred to which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that will be assessed upon each parcel of land to be as shown in the schedule which is hereto annexed and made a part hereof. Witness our hands at Lexington aforesaid this fourth day of January, 1938. William G. Potter Majority of Philip M. Clark Selectmen of Albert A. Ross Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Lexington, Mass. January 4, 1938 Then personally appeared the above named William G. Potter, Philip M. Clark and Albert A. Ross and severally acknowledged the foregLing instrument and statement by them subscrL ed to be their free act and deed and the free act and deed of the Board of Water and Sewer Commissioners of the Town of Lexington, before me, James J. Carroll, Notary Public (Term Mar. 11, 1938) SCHEDULE OF ESTIMATED DETTERMENTS REFERRED TO IN THE FOREGOING ORDER. HIBBERT STREET (From a point about 96 feet southwesterly of Mass- achusetts Avenue to a point southwesterly End distant about 85 feet) . Owner as of January 1st , 1937 Assessment . Hugh Wyllie X361.55 164 rt mg Letter was received from Mr. Garrity in regard to Moth the Moth and Insect Budget for 1938. Mr. Garrity requested budget . an appropriation of 4900.00, this to include the purchase of a new sprayer. The matter was held over for one week. Letter was received from Mr. Garrity requesting the Board to request a transfer from the Reserve Fund of $12.23 to the Park Dept. Wages and Expenses Account to pay 1937 bills. Transfers . Request was also received for the transfer of $6.29 from the Reserve Fund to the Selectmen's Expenses account to pay 1937 bills. Mr. Clark moved that the Appropriation Committee be requested to transfer these amounts from the Reserve Fund. Mr. Ross seconded the motion and it was so voted. Letter was received from Mr. Garrity stating that Moth the Field and Garden Club has appointed a Moth Committee Committee. as follows : Mr. A. B. Tenney, Mr. Clarence E. Sprague and Dr. Charles P. Briggs. Mr. Clark moved that the above named committee be approved and notified. Mr. Ross seconded the motion and it was so voted. Letter was received from the Town Counsel regarding Barnes the Barnes property. Mr. Wrightington asked to be advised property what the Board wished to do with regard to the insurance insurance. on the property. Mr. Ross moved that the insurance be placed through the office of William H. Ballard. Mr. Clark seconded the motion and it was so voted. Letter was received from M. Bowman Judkins tendering his resignation as a member of the Board of Assessors Assessors. inasmuch as he did not expect to return to Lexington until April. Mr. Ross moved that the Board accept Mr Judkthst resignation. Mr. Clark seconded the motion and it was so voted. It was decided to take no action on appointing a member to take Mr. Judkins ' place until next week. Letter was received from Miss Sarah Eddy Holmes Trees. stating that she had viewed the Yellow Yacca and Lace trees recently moved to the Center Playground and was much pleased with their appearance. Letter was received from the Department of Conserva- tion, Division of Forestry, stating that the law required Forest the Selectmen to appoint a Forest Warden during the Warden month of January. Mr. Clark moved that Edward W. Taylor be appointed Forest Warden for the ensuing year. Mr. Ross seconded the motion and it was so voted. Letter was received from the a.P.A. Administrator setting forth the recent certification policy established W.P.A. Mr. Ross moved that copies of the letter be sent to Mr. Beach and Mr. Raymond. Mr. Clark seconded the motion an d it was so voted. 165 Letter was received from Byrle Osborn stating that if the Board so desired, he would be glad to discuss with Analysis them the matter of making a financial analysis of the town. No action was taken on the matter. The report of the Slaughtering Inspector for the Slaughter months of November and December was received. report. Upon motion of Mr. Ross, seconded by Mr. Clark, it was voted to grant the following licenses : H, J. Seiler Co.- Pleasant Street - Common Victuallers Edson A. Pero - 1786 Mass. Avenue - " ft Partridge 's Food Shop - 1709 Mass. Ave. - " " Licenses Charles M. Pierson - 807 Mass . Ave. - Marshall L. Tebbetts - 316 Marrett Rd. - " " John Sullivan - 2407 Mass . Ave. - Garbage License Frank Gricus - 13 Lincoln St. ,Brighton - " it Colonial Garage, Inc - 1668 Mass. Ave. - Alcohol John F. Rogers -315 Marrett Road - rr The Oak Knoll Dairy - 38 Adams Street - Past of Milk Colonial Garage, Inc. - 1668 Mass . Ave. - Motor Vehicle Agents License. The following annual reports were received by the Board: Slaughtering Inspector Sealer of Weights and Measures Reports. Town Engineer Town Counsel Board of Assessors Trustees of the Cary Memorial Library The following commitments were signed by the Board: 1937 Water Connections $2.49 Water Miscellaneous Charges 112.75 Commitments Water Liens 69.14 Upon motion of Mr. Clark, seconded by Mr. Ross, budgets for 1938 were approved as follows : Memorial Day 250.00 Dog Clinic 350.00 Patriot 's Day 500.00 Slaughtering Inspector 700.00 Budgets Unclassified 1000.00 Pensions - Fire Dept. 1107.81 Pensions - Police Dept. 1095.00 Wire Inspector 710.00 The meeting adjourned at 10:00 P.M. A true record, Attest : ci Acting Clerk.,