HomeMy WebLinkAbout1938-01-04158
SELECTIIET1 t S MEETING �
JA1T. 4th, 1938.
A regular meeting of the Board of Selectmen was held
in the Selectmen's Room, Town Office Building, at 7:00
P.I.T. 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 'N. 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 Lneine #2 was
Involved while returning from an alarm on April_l9th.
He stated that Captain Cook was operating the apparatus
which was in collision with an automobile owned by one
Wilbert B. Pierce, and Piercets car was damaged to the
extent of N52.00. 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 bras 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 Dor. 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. Piercets 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
go dorm to the Fire Station to get the necessary in-
formation and Mr. Pierce got in his car and drove away.
There was no 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 `
159
the amount of X52.75. Chief Taylor read the letter he had
written to Mr. Yiri-htington on the matter and also read
Mr. 1rightington's reply, who stated that the town was
not liable for 'She 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 recorrur,.endations, 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 re corrnendat ions 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
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
reeling 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 sKictuaries 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 0.23 per yard for
L_
162
that some consideration be given to
Ross moved that the matter be laid o
week. Mr. Clark seconded the motion
voted.
the matter.- Mr.
n the table for one
and it was so
Mr. Raymond brow t up the matter of the bond re -
Supt's. quired for the Supt. of Public Works in the amount of
bond. U1000.00. 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
COMMOPUNEALTH 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 ai:thority 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 LngineerA.
Betterments will be assessed for this improvement in
necordanee 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. Yjri;htington on the matter and also read
Mr. 7rightingtonl s reply, who stated that the town was
not liable for the damage. He stated that nothing further
had been done on the natter until Captain Cook was sued
for x"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, Poster, 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. TAr. 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
heeling 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
k 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 snctuaries 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 Pill
his offering the contractor the sum of N.25 per yard for
160
Hayden
bill#
the material delivered at the center plays`;round. He
thought that there was about 1000 yards of material. Mr.
Clark moved that Mr. Raymond be authorized to offer the
contractor the sum of x.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. 71illard Hayden for building; a pit for the
meter, etc. in the amount of $36.40 for the connection
to his service from Shade Street, and that Mr. Hayden
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 'Norks be
authorized to lift the snow in front of the Colonial
Garage Inc. at 1663 Mass. Avenue as a temporary measure
to relieve the drainage condition caused by water
accumulating at the entrances to the garage. lair. 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 the sand which was spread on the streets was damaging
re sand. the floors in 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.
1
1
1
Mr. Potter suggested that whenever there was a snow
storm, that the men receiving welfare aid be required to
Go out and wor: on snow removal and that they be paid at
the regular scale of waves. 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
owned by Berman at the corner of Hibbert Street and Mass.
Avenue dama"ed by blastinG. in the amount of $33.74.
He stated that Mr. ViriSlitington 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
he said that they were not covered by insurance. Mr.
Raymond therefor took the matter up with Mr. Hill who
stated that they could be included under the present
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 �9.00.per man per week, so the
insurance would be 1,.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. Air. Potter seconded the motion
and it was so voted.
161
Vde if are . men
on snow.
Berman
window
claim.
Insurance
on
welfare
workers.
Mr. Raymond reported that he had received the follow-
ing bids on making repairs to the shovel;
Maguire & r'aucher - Llaximum of w276.12 and minimum of
yp240.00 Bids on
Spencer Cylinder Grinding Co. - Maximum of $300.00, no shovel
minimum stated. repairs.
Sterling Motors Corporation - w175.00
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'Conr)or
letter stated that the Assistant Superintendent was on
a weekly basis and does not receive any additional pay for
extra hours. He stated that during the past snow storm,
Mr. O'Connor had put in 27 hours overtime and requested
162
that some consideration be given to the matter. Mr.
Ross moved that the matter be laid on the table fox one
week. Mr. Clark seconded the motion and it was so
voted.
Mr. Raymond brou�r t up the matter of the bond re -
Supt's. uired for the Supt. of Public Works in the amount of
bond. 91000.00. 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:
COI0I 01+iOEALTII OF MASSACHUSETTS
Middlesex, ss. Town of Lexington.
'flIS1-AS, the Torn of Lexington at a Town Meeting
duly called and held on March 15th, 1937 and adjourned
to 1larch 22nd, 1937, duly adopted under Article 17 of the
Vdarrant 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. 5042 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, actin; as a Board of Water
and Sewer Commissioners under the aL.,,th.ority 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, Tovm 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 EngineerA.
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 eypected 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
Sheet, from a point about 96 feet southwesterly of Mass-
achusetts Avenue to a point southwesterly and distant
about X35 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 C. Potter Majority of
Philip M. Clark Selectmen of
Albert A. Ross Lexington
COMMONIT'EALTH OF IdASSACHUSETTS
Middlesex, ss. Lexington; Mass.
January 4, 1938
Then personally appeared the above named William G.
Potter, Philip 1,4. Clark and Albert A. Ross 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 Board of Water and Sewer Commissioners
of the Town of Lexington, before.me,
James J. Carroll,
Notary Public
(Term tsar. 11, 1938)
SCHEDULE: OF ESTIMATED BETTE 'M17TS
REFERRED TO IN THE FOREGOING ORDER.
HIBBERT STREET
(From a point about 96 feet southwesterly of Mass-
achusetts Avenue to a point southwesterly and
distant about 65 feet).
Owner as of Januar] lst, 1937 Assessment.
Hugh Wyllie $361.55
164
cm
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.
Judkihs' 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 iV.P.A. Administrator
setting forth the recent certification policy established
V'J.P.A. Mr. Ross moved that copies of the letter be sent to Mr.
Beach and Mr. Raymond. Mr. Clark seconded the motion and
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 - " "
Partridge's Food Shop - 1709 Mass. Ave. - " it Licenses
Charles M. Pierson - 807 Mass. Ave. - it ft
Marshall L. Tebbetts - 316 Marrett Rd. - " it
John Sullivan - 2407 Mass. Ave. - Garbage License
Frank Gricus - 13 Lincoln St.,Brighton - " t'
Colonial Garage, Inc. - 1668 Mass. Ave. - Alcohol
John F. Rogers -315 Marrett Road - rt
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
'Nater Liens 69.14
Upon motion of Nor. Clark, seconded by Mr. Ross,
budgets for 1938 were approved as follows:
Memorial Day
Dog Clinic
Patriot's Day
Slaughtering Inspector
Unclassified .
Pensions - Fire Dept.
Pensions .. Police Dept.
Wire Inspector
The meeting adjourned at 10:00 P.M.
A true record, Attest:
$250.00
350.00
500.00
700.00
1000.00
1107.81
1095.00
710.00
min0,2-
Acting Clerk.
Budgets