Loading...
HomeMy WebLinkAbout1938-01-25185 SLLLCTMEEIS 'INMETING ' January 25, 1938. A sPecial meeting of the Board of Selectmen was held In the Selectmen's Room, Town Office Building, at 2;00 P.M. Chairman Ferguson, Messrs. Potter, Clark and Ross were present. The Clerk was also present. Mr. Raymond appeared before the Board. Mr. Ross reported that he had talked to Archie Bullock on the water assessment for Sheridan Street and Bullock he felt that he should have been given an opportunity to assessment express his opinion on the extension before it was made. However, he has agreed to pay one-half of the assessment if the Town will abate the other half. Mr. Ross moved that one-half of the water bettement assessment be abated. Mr. Potter seconded the motion and it was so voted. Mr. Raymond asked if the Board desired him to con- sider preparing W.P.A. projects for some of the drainage W.P.A. work which he included in his schedule. He said that Drainage Federal funds were still available for the North Hancock projects. Street project if the Town wanted to spend its share, which would amount to $5000. or t6OOO. He would prefer letting this go for the time being as he thought that there were other projects more pressing. Mr. Clark moved ' that no action be taken on the North Hancock Street project at the present time. Mr. Potter seconded the motion and it was so voted. Mr. Raymond thought that Haskell and Eustis Streets and possibly Charles Street could be done under the W.P.A. The Chairman told him to submit the projects anyway. Mr. Raymond said that the Town Counsel informed him that the Selectmen must have a bond for the Supt. of Supt's. Public Works. He therefor will renew his bond in May Bond. when it expires. Mr. Raymond reported that the Town had been carrying Public Liability Insurance for quite a while. The Town Accountant raised the question last May as to whether or Public not it was proper for the town to carry such insurance. Liability The Town Counsel reported that the Board had the authority insurance to carry it if it saw fit. The Chairman thought that Mr. Raymond ought to talk to the Town Counsel again on the matter, but Mr. Raymond thought that the matter would be settled when the McLeod case came up. The Chairman thought that the Town Counsel should determine up to what amount the Town was protected. Mr. Ross moved that the Supt. of Public Works discuss the matter with the Town Counsel. Mr. Clark seconded the motion and it was so voted. 186 tz Mr. Raymond read a letter from the State Engineer � stating that in orddr to obtain approval for the traffic lights in the center, the recommendations contained in his ' letter of last February should be carried out. Mr. Ross moved that an article be inserted in the warrant to make the necessary repairs to the traffic signals in the Center of the town in order to comply with the State requirements. Mr. Potter seconded the motion, and it was so voted. Mr. Raymond informed the Board that the Water and Sewer Division went on a three day week basis last week. He Water & said that they had not started the Raymond Street water Sewer main because there was so much frost in the ground it Division would cost a great deal more money. As soon as the water goes down he can use a few men cleaning out the trunk line sewer. Mr. Ross suggested that the married men be put back on a five day week_ and the single men on a three day week. Mr. Raymond said that the East Street gap could be done now as it was sandy soil but there are no funds available. The Chairman requested Mr. Raymond to see what solution of the problem he could work out and to report next week. French's Mr. Raymond asked approval of charging William French's time. time to snow removal when he was sanding streets, etc. Mr. I Ross moved that this be approved. Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that Mr. Russell had inquired if the Town would be liable for Workmen's Compensation for drivers of hired trucks and horses. Mr. Raymond took it up with the Town Counsel who said that it depended on what the contract was with the owner of the vehicle and whether Insurance. or not the driver was working under the direction of his employer or the person with whom he had the contract. Mr. Raymond talked it over with the Town Accountant and they thought it best not to include these men on the'town pay- roll and then their names would not appear when the auditor took off the list. The Chairman suggested that the employer be required to file a certificate of insurance. Mr. Potter thought the only way to handle it would be for the town to carry the insurance if it is legal to do so. Mr. Potter moved that the town carry insurance on all such persons when the contractor is not already protected. Mr. Ross seconded the motion and it was so voted. Mr. Raymond reported that he had had a project , Curbing written up to complete curbing on the easterly side of project. Mass. Avenue from the Arlington line to Woburn Street, filling in all the gaps. He said that the cost to the Town would amount to about X6650. and most of this was for materials. Mr. Ross moved that the project be submitted. Mr. Potter seconded the motion and it was so voted. Mr. Raymond informed the Board that the Water and Sewer Division went on a three day week basis last week. He Water & said that they had not started the Raymond Street water Sewer main because there was so much frost in the ground it Division would cost a great deal more money. As soon as the water goes down he can use a few men cleaning out the trunk line sewer. Mr. Ross suggested that the married men be put back on a five day week_ and the single men on a three day week. Mr. Raymond said that the East Street gap could be done now as it was sandy soil but there are no funds available. The Chairman requested Mr. Raymond to see what solution of the problem he could work out and to report next week. French's Mr. Raymond asked approval of charging William French's time. time to snow removal when he was sanding streets, etc. Mr. I Ross moved that this be approved. Mr. Potter seconded the motion and it was so voted. 187 Ryder Agreement. Use of Hall Letter was received from the Clerk of the Board of Registrars of Voters advising that the following dates had been set for the registration of new voters for the Registration annual town meeting: dates. Feb. 9th - 7 to 9 P.M. - Town Office Building. Feb. 16 - 7 to 9 P.M. - Adams School Feb. 23 - 12 noon to 10 P.M. - Town Office Building Letter was received from Mr. Raymond relative to Mrs. Rogers' letter to the Board on the claim of Mrs. C. H. Cutler. Mrs. Cutler claims that a porcelain sign at her orchard was broken by W.P.A. men who were working on a sidewalk project. She took the matter up with the W.P.A. authorities in Boston and in Washington, but nothing ever came of it. She then w rote to Mrs. Rogers stating the circumstances. She told Mr. Raymond it would cost about $4.00 to replace the sign. He told her that the Tpwn was in no way liable for the damage and he did not see how it could reimburse her for it. She finally ' agreed that the amount of the damage was so small that it was not worth bothering about and advised him that the Board could so inform Mrs. Rogers. Cutler claim. Letter was received from Mr. Raymond relative to the ' reservations contained in Mr. Ryder's letter of October 27th, 1937 and the Clerk was instructed to send a copy of it to the Town Counsel Mr. Clark said that inasmuch as there were some questions on the matter of the Ryder agreement, this might be a good opportunity to cease negotiations because the Town Counsel had told the Board in a meeting that its dhanees were 50-50 of winning the case if appealed and the Supt. of Public Works had told the Board that the North Lexington Sewer, in his estimation, should come before the Vine Brook Drainage. In view of these facts, Mr. Clark thought that the To= should proceed with the appeal. Mr. Potter thought that the way to handle the matter was to let it go to the Town Meeting and allow the people to vote on it. Mr. Clark moved that the Town Counsel be advised that the Selectmen felt that there was no agreement between the Ryders and the town other than that which was signed on October 26th, 1937 and if Mr. Ryder did not agree, that the Selectmen felt that there was no contract; and that the additional conditions contained in Mr. Ryder's letter of October 27th be disapproved by the Board of Selectmen. Mr. Potter seconded the motion and it was so voted. Request was received from the Middlesex County Ex- ' tension Service for the use of Estabrook Hall on February 3, March 10, April 21 and May 5. Mr. Potter moved that the use of the hall be granted on these dates free of charge. Mr. Ross seconded the motion and it was so voted. 187 Ryder Agreement. Use of Hall Letter was received from the Clerk of the Board of Registrars of Voters advising that the following dates had been set for the registration of new voters for the Registration annual town meeting: dates. Feb. 9th - 7 to 9 P.M. - Town Office Building. Feb. 16 - 7 to 9 P.M. - Adams School Feb. 23 - 12 noon to 10 P.M. - Town Office Building Letter was received from Mr. Raymond relative to Mrs. Rogers' letter to the Board on the claim of Mrs. C. H. Cutler. Mrs. Cutler claims that a porcelain sign at her orchard was broken by W.P.A. men who were working on a sidewalk project. She took the matter up with the W.P.A. authorities in Boston and in Washington, but nothing ever came of it. She then w rote to Mrs. Rogers stating the circumstances. She told Mr. Raymond it would cost about $4.00 to replace the sign. He told her that the Tpwn was in no way liable for the damage and he did not see how it could reimburse her for it. She finally ' agreed that the amount of the damage was so small that it was not worth bothering about and advised him that the Board could so inform Mrs. Rogers. Cutler claim. roe Request w4s received from the Lafayette Club for the use of Cary Hall on February 24th for the purpose Use of Hall. of holding a play. Mr. Potter moved that the use of the hall be granted subject to a fee of $15.00 for that evening and a fee of $10.00 if the hall is used for a rehearsal the preceding evening. Mr. Clark seconded the motion, and it was so voted. A request was received from the Market Gardeners Use of Hall. Association for the use of Cary Hall on February 10th for the purpose of holding a banquet. Mr. Potter moved that the use of the hall be granted subject to a fee of 25.00. Mr. Clark seconded the motion and it was so voted. Letter wasreceived from the Town Clerk advising that Committee. the following Committee had been appointed by the Moderator to consider the increase in the size of the ,present Burlington Street Park: W. R. Greeley; George P. Morey; George R. Fuller; Leland H. Emery; Alan G. Adams. Letter was received from the Town Counsel calling the Boardts attention to the recent decision in the case Civil of Graves v. Wellesley relative to civil service hearings. Service In this case, the School Board of Wellesley offered no hearings. evidence to support the charges but listened to all the evidence refuting the charges that the principal offered and then decided against him on the strength of what they knew about the case. The Court said that while there need not be the formality of a Court hearing, sufficient evidence sustaining the charges should be offered to justify the decision in good faith against the defendant. Letter was received from the Town Counsel relative to the Marion McLeod accident. He said that he had not Public realized that the Town was carrying a Public Liability Liability policy and suggested that a copy of it be sent to him. Insurance. He said that if the various small claims were covered by insurance, notice should have been given to the insurance company on various accidents during the past year and the defense of the claim should be in the hands of the insurance companyts attorney. He requested that the Board advise him if it was its understanding that the town policy covered all of these accidents. Letter was received from the Town Counsel relative to the case of the Colonial Garage, Inc. v. the Town. Colonial Mr. Wrightington called the Judge's attention to the Garage possibility that the Town might make a taking of the case, entire lot on the recommendation of the Vine Brook Drainage Committee and on the strength of that, the Court ordered that the case should not be heard before April lst. Mr. Wrightington informed the Board of this so 1 1 that they could have the vote on the Vine he would know before to do. it in mind in fixing the time for Brook drainage proposition so that April 1st what the Town intended Letter was received from one C. 1v. Crooker relative Pari -mutual to pari-mii.tual betting. Pio action was taken on the betting. matter. Letter was received from H. A. Conant of 47 Lincoln Street requesting that "winding road" signs or "slow" signs "Slow" be placed near his house on Lincoln Street in an attempt signs - to curtail speeding. Mr. Ross moved that the matter be Lincoln referred to the Supt. of Public Works for investigation Street. and report. Mr. Clark seconded the motion and it was so voted. Letter was received from F. K. Johnson, Inc. re- question that snow be lifted in front of its driveways Lifting and in front of its place of business at 39-41 Bedford snow Street in an attempt to decrease the accident hazard. Johnson's Mr. Ross moved that the request be granted and that Mr. Johnson be so advised. Mr. Potter seconded the motion and it was so voted. Letter was received from the Civil Service Commission giving authority for the provisional temporary employment Sealer of Frederick H. Tuller pending the result of the exam- ' ination to be held, as Sealer of Weights and Measures. Upon motion of Mr. Potter, seconded by Mr. Ross, it was voted to grant the following licenses: Licenses Joseph S. Douglas - Bedford - Garbage License John H. McCarthy - Burlington - if it Swenson Brothers - Marrett Road - Past. of Milk License. The Board discussed the matter of occupying the Barnes property. Mr. Potter moved that the Supt. of Barnes Public Works be authorized to contact the present property occupants of the property with a view toward making some sort of an agreement whereby the Town could use'the upper and lower part of the ell. Mr. Ross oeconded the motion and it was so voted. Mr. Ross moved that the Supt. of Public Works be Heating authorized to submit figures on the cost of installing system a separate heating unit for the Town Office Building. Mr. Potter seconded the motion and it was so voted. The following Town Reports for 1937 were received: Supt. of Public Works Tax Collector Committee on Lectures Fire Department Annual Forest Warden Moth & Shade Trees reports. Town Physician Water & Sewer Div. School Department Cary Treasurer Cary Investment Committee 190 Commitment of Water Miscellaneous charges in the Commitments amount of $24.00 was signed by the Board. Commitment of water liens in the amount of $112.52 was signed by the Board. , Letter was received from the Appropriation Committee Meeting. requesting that the Selectmen meet with them on Monday evening, January 31, at 7:30 P.M. to discuss 1938 budgets. The Board discussed budgets and action was taken as follows: Building Inspector:- Approved as submitted - x$"1200.00 Board of Appeals:- IT to it - 200.00 Board of Health:- to of " - 6000.00 Chapter 90 Budget:- " " " - 13000.00 Dental Clinic:- "' to " 1850.00 Dog Clinic:- " " " - 350.00 Dog Officer:- rr rr n - 100.00 Budgets. Garbage Collection:- it It it - 4205.00 Memorial Day:- It it it - 250.00 Patriot's Day:- Amount requested - $0575; Amount approved - $500. Fire Pension: Approved as submitted - $1107.81 Plumbing Inspector:- Approved as submitted - $885.00 Posture Clinic:- to of to - 700.00 Sealer of Weights & Measures:- Amount requested - 0500. Amount approved - $550.00 (Expenses cut from $100. , to $ 50.00) . Slaughter Inspector:- Approved as submitted - $1800.60 Soldiers' Burials:- if " to - 100.00 The meeting adjourned at 5:15 P.M. A true record, Attest: Clerk. I�, 191 SELECTMENTS MEETING ' January 25, 1938. A regular meeting of the Selectmen was held in the Selectmen's Room, Town Office Building, at 7:30 P.M. Messrs. Potter, Ross, Clark and Giroux were present. The Clerk was also present. In the absence of the Chairman, Mr. Clark moved that Mr. Potter act as Chairman. Mr. Ross seconded the motion and it was so voted. Mr. James J. Walsh and Mr. Edward Wood, represent- ing the Cemetery Commissioners, appeared before the Board. Mr. Wood.explained the Cemetery Commissioners budget for 1938. The Board discussed with the gentlemen the matter of storage of Cemetery records in the Town. Office Build- ing and the Chairman told them that several of the offices were to be moved to the Barnes property within a short time and then he was sure that there would be room in the Town Office Building for the storage of the Cemetery Commissioners' safe and records. Mr. David Kidd and Mr. Lewis Bersner appeared before the Board. Mr. Kidd said that they would like to obtain a permit to operate a sound truck in Lexington on January Permit for 26th advertising one-half day closing one day each week sound for the chain stores. Mr. Ross asked who was sponsoring truck. the sound truck and Mr. Kidd replied that the sponsor was the American Federation of Labor. He said that the purpose was to educate the people to do their shopping on Wednesday morning rather than Wednesday afternoon. Mr. Ross thought that the proposition should have the approval of the Board of Trade. Mr. Kidd contacted George Smith, President of the S Board of Trade, who appeared before the Board. He said that last Spring, the Board of Trade voted to close Wednesday afternoons in the summer, and last Fall voted to close all year. He said that there was only one store that did not close on Wednesday afternoon. He said that he believed the Board of Trade would have no objection to the Board issuing a license to operate the sound truck. Mr. Clark said that he was definitely opposed to granting the permit. Mr. Ross moved that a permit be granted to operate the sound truck on Wednesday, January 26th. Mr. Potter seconded the motion and it was so voted. Mr.Glark voted in opposition. The Board discussed budgets for 1938 and took action ' as follows: 192 Accounting: - The salary of the Town Accountant was set at $3100. per year, which is the same as in 1937. The salary of , the clerks was set at $990.25, providing no increases. The total amount approved was $4450. t„ Animal Inspector: - Approved as submitted $500.00 Board of Assessors: - Amount requested, $6631.00. Salary of Assistant Assessor reduced from $2800,00 to $2600.00 and salary of Clerk reduced from $1456.00 to $1252.00. The total amount approved was $6100.00. Board of Retirement: Approved as submitted - $12,308.22. Curbing:- Amount requested - $5,000. Amount approved, 1250. Elections: Submitted for $2054.00. Due to the fact that the pre-primary election in April has been eliminated, this amount has been reduced to '1575, and was approved, for 01575.00. Forest Fires: Amount requested, $1500; Amount approved, $1400. Insurance: Amount requested, $9650. The sum of $1610. ' was requested to cover additional premiums necessary for a ten percent increase in valuation of town buildings. The Selectmen had disapproved this ten percent increase in valuation and approved the budget in the amount of Budgets. w8040.00. Law Department: Amount requested, $3,000. The Selectmen incre sed this budgdt to $3350., the additional 0350. being added to pay for special fees on tax title cases. These fees were formerly charged to the Forecloruse and Redemption of Tax Titles appropriation, and the Board felt that the proper place for them is in the Law Depart- ment- Personal Services appropriation. Street Lights: Approved as submitted, $23,200,00. Town Offices & Cary Memorial Building: Amount requested, 10,346.00. The floor finishing machine 0250.) was disapproved and the total amount approved was $10,000. Unclassified: Amount requested, $1009 amount approved, 0500. Town Physician: Approved as submitted - $750.00. Moth and Insect Suppression: The only item discussed in ' this appror at on was the purchase of a new sprayer at a cost of .;755.00, which was approved. Middlesex T.B. Assessment: Approved as submitted, x;13,625.86. Registrars of Voters:- Amount requested, $1133. The sum o00. 0 was requested for salaries of Registrars, an increase of $200. over last year's appropriation. The Selectmen approved this item in the amount of $300.00. Clerical Assistance was reduced to $100.00, Postage and Office Supplies was reduced to $40.00, Voting Lists to $225.00, Ballots to y41.25, Advertising Registrations to $81.00 and Sundry Items was approved as submitted in the amount of 630..00. The total amount approved was $817.25. The Board reduced several of the items by 25% due to the fact that funds were provided for four elections and the April election has been eliminated so that there will be only three held in 1938. The meeting adjourned at 10:35 P.M. A true record, Attest: Clerk. n 1 193