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HomeMy WebLinkAbout1938-02-23 224 SELECTMEN 'S MEET ING Feb. 23rd, 1938. 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, Giroux and Clark were present. The Clerk was also present. In the absence of Chairman Ferguson, Mr. Potter served as Chairman Pro-tem. A petition signed by 96 residents was received. This petition protested against the granting of a Common Vic- tualler's License for the operation of a dining car at the junction of Depot Park and Mass. Avenue. Letter was received from the Town Counsel citing the case of the Liggett Drug Co. against the License Commissioners of North Adams. The license was rejected and there was a hearing before a single justice of the Supreme Court who made a findings of fact and the description of the testimony went before the full Court. Mr. Wrigitington said that from the decision in this case, it would seem that a broad power to refuse Common Victualler' s Licenses was vested in the Waldron Selectmen provided they acted in good faith and not License. capriciously. The Liggett ease definitely decided that a belief that enough licenses had already been granted was a sufficient reason, but if an additional license were granted to somebody else, it would be obvious that that was not the real reason and it might be found that the assertion of such a reason was not put forward in good faith. A second letter was received from the Town Counsel stating that Roger Greeley had questioned his interpretation of Article 10, Section 2 of the Building Law as applied to the application of Mr. Waldron for a permit for the erection of a lunch cart adjoining the Central Block. Mr. Wrightingtan said that he was not prepared to give a final opinion oxrthe matter without further study and as he was going Out of Town for a week, the matter would have to be postponed. Mr. Waldron appeared before the Board. He stated that he came as a result of his receiving the Board's letter refusing to grant him a Common Victualler's License. The Chairman Pro-tem showed him the petition which the Board had received. Mr. Clark informed Mr. Waldron that the impression he got was that the petitioners objected to the location of the dining car. Mr. Waldron asked if the Board had any other location to suggest. He said he asked far that location because he thought he would get transient trade and because there would be a place to park. He asked what objection there would be if the diner were ut on a site farther down this way. He said that James F. McCarthyhad offered him his driveway beside the Aldrich Block. Mr. Potter said that off-hand he would think the latter site would be better. 225 Mr. Giroux suggested that the matter be held over until next Tuesday and that Mr. Wrightington and Mr. Long- bottom appear before the Board to discuss the matter and have Mx. Waldron come in later on the same evening and be informed of their opinions. Mr. Waldron said that this would be all right and he retired. At 8:00 P .M., hearing was declared open on the appli- cation of Beatrice E. Button for permission to maintain a one car garage at 5 Candlewick Close. No persons appeared Button in favor or in opposition. Mr. Clark moved that the permit Garage be granted subject to the approval of the Building Inspector Hearing. Mr. Giroux seconded the motion and it was so voted. Letter was received from the Division of Metropolitan Planning stating that a hearing would be held on House Bill #58 on Monday, February 28th at 10:30 A.M. At that time Hearings the Circumferential Highway and the Middlesex Turnpike will on be discussed. Mr. Clark moved that Mr. Raymond be instructed highways. to attend the hearing. Mr. Giroux seconded the motion and it was so voted. Letter was received from the Town Accountant advising that the amount requested for the Expense Fund .for the Contributory Retirement System was insufficient and that the Board had decided that the request should be increased to $750 . The Interest Deficiency on Funds was slightly Retirement large and could be reduced to 4P30.52. They requested that Board the following amounts be approved: budget. For Pension Accumulation Fund $11,660.00 For Interest Deficiency on Funds 30.52 For Expense Fund 750.00 Mr. Clark moved that the figures be changed to coin- cide with the Retirement Board's recommendation. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond appeared before the Board. He said that there were sixteen old water services that should be renewed Charles St, to the curb in Charles Street provided the street was re- water constructed. He thought that the renewals would cost about services $300.00. Mr. Clark moved that the work be done provided the street was reconstructed. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond informed the Board that the Tree Trimming Project had been declared void by the Federal Government. He said that he was not going to be able to keep the W.P.A. men busy if the present quota was maintained. The only project he had that would take up the slack was the play- ground project. He said that he understood that the W.F.A. W. P. A. authorities were unfavorable toward brook projects. He thought he would be up against it for work in twelve to fifteen weeks. The playground project could go ahead in two weeks if the Town would provide the necessary funds. Mr. Clark moved that the matter be held over for one week 226ma zo and that Mr. Raymond give consideration to what projects would benefit the town most. Mr. Giroux seconded the motion and it was 30 voted. Mill Brook Mr. Raymond asked if the Board would approve his asking to reopen the Mill Brook project. There are over 200 more weeks of work needed to finish it up. Mr. Giroux moved that Mr. Raymond be given this authority. Mr. Clark seconded the motion and it was so voted. Mr. Raymond read a letter from the Town Engineer relative to Mr. Otis H. Perryts claim for damages as a result of the reconstruction of Tower Road. Mr. Raymond said he thought Mr. Cosgrove was of the opinion that there Vas- no real damage to the property although there Perry actually was a taking. Mr. Raymond said that Mr. Perry had Assessment had plenty of time to request relief within the time limit but had not done so. He thought it might be a good idea to abate the assessed valuation of the land that was taken. Mr. Clark moved that Mr. Raymond talk with Mr. Perry and see what kind of a settlement he could make. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond reported that the sign on Hill Top. Hill Top Ave. was taken down to be repaired and was never put back. Avenue He said that he would order a metal sign for the street sign. very soon. Mr. Raymond explained to the Board a letter received from the Mayorts Club of Mass . which the Clerk had turned over to him for investigation and recommendation. He said that the letterrequested that the town provide more know- ledge of the National Unemployment problem, etc. The out- Community line says that the nation wants certain questions answered Improvement and he explained what the Community Improvement Appraisal Appraisal would entail. He said he thought it was a good honest attempt to get an idea of the value of the Federal Govern- ment ' s money. The reports are to be in by March 8th and Mr. Raymond thought he could get out a report by that date if the Board wanted to cooperate with the Mayor's Club. Mr. Clark moved that Mr. Raymond be instructed to make an appraisal of the value cf relief work done in Lexington with Federal Funds. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond said that there was a lot of materials and food coming in under the Federal Commodities Division and there was no place to store them. He talked with Mr. Grindle who thought he might be able to let the Town use Place for a room for such storage until the first of May when Mr. storage. Raymond thought the Barnes property would be available. Mr. Giroux moved that the matter be left entirely in the hands of Mr. Raymond. Mr. Clark seconded the motion and it was so voted. 227 Mr. Raymond read the vote which was passed at the T Sept. 27th, 1936 Town Meeting relative to Vine Brook En- gineering. He said that he had prepared construction drawings which were preliminary drawings but sufficient to make a very close quantity estimate. He said that he had prepared brief forms of specifications to cover each item. He asked if the Board considered that these docu- ments would cover what was meant under the wording of the vote. He said that as a general thing when a construction contract was prepared, the contract covered all the legal phases of the responsibilities of the contractor and the Town, including specifications and requirements for a bond Vine Brook etc. He said that he had not gone into that ehd of it . The Town has a form of contract which was drawn up some time ago which probably could be used subject to being gone over by the Town Counsel . He did not believe that it was necessary to go to the expense of getting a contract document ready before the Town Meeting. Mr. Giroux said that as he understood the vote, what Mr. Raymond has done would be sufficient. Mr. Raymond asked if the Board wished him to draw up a report for the Board to present at the Town Meeting or wanted him to submit a report to the Board. He asked what the Board wanted such a report to cover - costs, estimates of land damages, some descriptive matter describ- ing the project, etc? Mr. Giroux moved that Mr. Raymond submit a report to the Board just as he thought the report should be presented. Mr. Clark seconded the motion and it was so voted. Letter was received from Pierre A. Northrup informing the Board that Mr. W. H. Hannam had consulted him with reference to a claim against the Town. Mr. Hannam is claiming damage as a result of blasting done in 1936 while Lincoln Street was being constructed. He has an estimate of 0125. for repairing the damage. Mr. Raymond said that he presented this claim to the Board on June 22, 1937 and July 26, 1937 and explained what he thought about it. He said then that he thought the claim was too high and that some of the damage which was claimed as due to blasting Hannam was not due to blasting at all. At each of the two meetings claim the Board voted to take no action and he so notified Mr. Hannam. Mr. Raymond said he understood that the work was done under the direction of the Board of Selectmen acting as Highway Surveyors and that as such were not responsible for the action of their employees. He had two examinations made at Mr. Hannam' s request and there was no more danage in April 1937 than there was in September 1936. He said that with but one exception they did not blast near Mr. Hannam's house. Mr. Giroux moved that the matter be referred to the Town Counsel. Mr. Clark seconded the motion and it ' was so voted. 228 The Board discussed budgets as follows : Town Offices and Cary Memorial Building. 111 Mr. Giroux asked Mr. Raymond if under Town Offices and Cary Memorial Building, it would be possible to take $100. off Supplies and he said that it would be. The item for Supplies was therefor reduced from 000.00 to $400.00. The Clerk was instructed to check on the funds avail- able for Vine Brook Engineering just prior to the Town Meeting. Mr. Giroux suggested that the Engineering budget could be reduced by whatever funds there were available in that appropriation as they might be transferred. Insurance. Mr. Raymond asked if the Board had reduced the insurance by $1400.00 because of the reduced rate and the fact that Public Liability Insurance was to be carried by the Water and Sewer Departments only. The budget had been reduced by only $900.00 through error. It was therefor voted to reduce it by 0500.00 making the total amount approved $6640. Public Welfare. Mr. Giroux suggested that this apopriation be reduced from $80,000. to $76,000. and that the ,x4,000. left be set aside for W. P. A. He said that if the W. P. A. men were not taken care of under that appropriation, they would be on Budgets welfare anyway. It was voted to reduce the Public Welfare budget to $76,000. , it being understood that this amount was to include the purchase of a new car for the department. W. P. A. Mr. Giroux said that Mr. Raymond had informed the Board that the sum of $16,000. would be needed to carry the W. P. A. until October, but inasmuch as the Tree Trimming project had been voided, this would not be sufficient. He asked Mr. Raymond what amount would be needed, and Mr. Raymond said that he thought $21,000. would be sufficient. It was voted to approve the sum of 020,000. for this budget. Assessors. Mr. Spencer informed the Board that he would need $50. for new forms which he hdd to have. It was voted to approve the additional $50. making the total amount approved for Expenses $725.00. Mr. Spencer informed the Board that it would be necessary to employ an extra clerk fifteen weeks at 015. per week. It was therefor voted to increase the amount approved for Other Clerical from $150. to $225. , making the total amount approved for Personal Services $5327.00. i 229 I Selectmen. - Expenses It was voted to reduce Postage from $600. to $500. , making a total amount approved of $2011. Elections. It was voted to reauce the amount approved for Meals from $190.00 to $150.00, making the total approved 4a6lO. The Clerk informed the Board that the Appropriation Committee would like to know what the Board thought of having school teachers act as Election Officers and close the schools on election days . Mr. Potter moved that the Board disapprove any such action. Mr. Giroux secohded the motion and it was so voted. Town Offices and Cary Memorial BuildinE. It was voted to reduce the extra janitor service from $100.00 to $25.00, making the total amount approved for Personal Services $3261.00. Police Department. The amount requested for Radio Broadcast was $375.00 and the contract amounted to only $300. This item was there- for reduced by $75.00 and the total amount approved was 04120. 11111 Town Physician. It was voted to approve the sum of $750. for salary. Public Welfare. Mr. Potter moved that Thomas Fardy be engaged in that department as a permanent employee at a salary of $18.00 per ' week. Mr. Clark seconded the motion and it was so voted. It was voted to hold the matter of other salaries over until Saturday. Water and Sewer Dept. It was decided to hold these budgets over until Saturday when Mr. Ross will be present. Letter way received from Elwyn G. Preston requesting that the matter of improving the condition of street signs be considered by the Board when preparing the budgets for 1938. He stated that the sign at the corner of Highland Avenue and Bloomfield Street was in very bad condition. Mr. Clark moved that Yr. Preston be informed of the amount Street of money expended in 1037 for street signs as compared with Signs the negligible amount expended in 1936 and the amount approved for 1938,. Mr. Giroux seconded the motion and it was so voted. 230ua Mr. James F. Little ' s letter requesting that a price be set on lots 36 and 37, block 22, Dexter Road, was dis- cussed. Mr. Potter said that the lots were just ordinary lots , not low, and he suggested that they be offered for Sale of sale at 0400. less a commission of 6% to the agent. Mr. lots Giroux moved that the suggestion be approved. Mr. Clark sec- onded the motion and it was so voted. Letter was received from. the Lovell Bus Lines, Inc. acknowledging receipt of the Board' s letter of Feb. 9th together with the petition signed by several residents Bus servicerequesting improved bus service from Five Forks to Concord Hill. The letter said that the matter would be given care- ful consideration and that the Board would be advised of the action taken. Letter was received from Mrs. Dora LaChance requesting that the Board reconsider her application for a license to LaChance maintain an Intelligence office. Mrs . LaChance appeared license. before the Board and she was informed that no action would be taken on her application until next week. Letter was received from the Town Treasurer suggesting that 0150,000. be borrowed in anticipation of revenue. He suggested that bids be opened on Saturday, February 26th. Mr. Clark moved that the Town Treasurer be authorized to Loan. take bids on a loan of : 150,000. , the notes to be dated Feb. 28, 1938 and payable as follows : C75 ,000. on October 28, 1938 and 075,000. on December 9, 1908. The bids are to be opened at 1:30 P.M. on Saturday, February 26th. Mr. Giroux seconded the motion and it was so voted. A copy of the will of Emma I. Fiske in which she bequeathed certain items to the Town, was received. The will Fiske is to be probated. Mr. Giroux moved that the matter be Will. referred to the Town Counsel for his attention. Mr. Clark seconded the motion and it was so voted. Letter was received from the Town Clerk to which were attached writs served on him to the value of 010,000. Cheney on behalf of Yvonne Cheney. Mr. Giroux moved that the case. writs be referred to the Town Counsel. Mr.Clark seconded the motion and it was so voted. Letter was received from Robert C. Merriam acknow- ledging the Board' s letter of February 16th. Mr. Merriam said that there was apparently some misunderstanding as the total betterment charges did not exceed the actual cost Patriot ' s of construction. He informed the Board that he did not wish Drive the article requesting the acceptance of Patriot ' s Drive inserted in the Warrant for the Annual Meeting. He said that later on he would request another hearing on the matter. 231 IILetter was received from the Mass. Tree Warden's School Association announcing that a school for tree wardens for tree would be operated in March and requesting that the local wardens warden attend. Mr. Giroux moved that the matter be referred to Mr. Raymond for recommendation. Mr. Clark seconded the motion and it was so voted. Letter was received from the Town Counsel relative to the articles for the Town Meeting dealing with the proposed Ryder settlement. One of the articles stated that the agreement was on file in the Selectmen' s Office and open Ryder to public inspection. The Clerk asked if the Board wished agreement copies of the agreement sent to either the Town Meeting Members or all the voters. Mr. Giroux moved that printed copies of the agreement be sent to the Town Meeting Members <<nd that Mr. Alan Adams be requested to put the agreement in the paper as a news item. Mr. Potter seconded the motion and it was so voted. Water liens in the amount of 0175.69 were signed. Water Liens The Warrants for the Annual Meeting and for a Special Meeting on April 25th were signed. Warrants Upon motion of Mr. Clark, seconded by Mr. Giroux, it was voted to grant the following licenses : Transfer of Marshall L. Tebbetts ' Common Victualler' s License, 3144 Marrett Road, to Irving A. Rich, Licenses Martha Wood Dinsmore - 1698 Mass. Ave. - Common Victuallers Roy C. Peterson - Concord Turnpike - Alcohol; Peter J. McDonagh - 301 Mass. Avenue - " The meeting adjourned at 11 :10 P. M. A true record, Attest: Qe •--4,-.~-e• /a-4-44— Clerk.