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HomeMy WebLinkAbout1938-07-12L�I 1 417 SELECTMENtS MEETING JULY 12, 1938 A special meeting of the Board of Selectmen was held in the Selectments Room, Town,Office Building, at 7:30 P.T. Chairman Giroux, Messrs. Potter, Ross and Rowse were present. The Clerk was also present. At 7:30 P.M. Messrs, Raymond and Mitchell appeared Single men - before the Board to discuss single men on W.P.A. W.P.A. The Chairman said that Mr. John Daley, Rho owns the property at the corner of Waltham Street and Concord Avenue, had talked to him with regard to the condition of his bank. He mAintains that the town has damaged him and that the bank Daley on his property is washing away. The Chairman said he complaint thought the man had a justifiable complaint. Mr. Raymond re said that Daley was making a claim about a condition that property. was created before he had anything to do with Lexington. When the widening of Waltham Street was made, the town went in and sloped the bank and he believed that the town did not make a taking. He thought there might be a few shovelfuls of soil washed down but they were pretty small. Daley has asked that the town plant shrubs and he did not believe the damage in ten or twelve years would amount to the cost of putting in these shrubs. Mr. Potter said that there used to be just wild shrab's there. Mr. Raymond said that the town went so near to his land that it modified his bank. The Chairman said that Daley was not asking for shrubbery but was asking for trees or something to keep the land from wash- ing down. The Board decided to look at the situation before taking any action. Mr. Raymond submitted P.W.A. application #62 which will provide 8.3 miles of sidewalks in 51 locations. The W.P.A. officials have agreed to pay from Federal funds $3199.80 Sidewalk towards the cost of materials in addition to the labor. The Project Federal contribution will be $42,199.46.as compared with the town's contribution of $16,983.75. Of this latter amount, $1000. is for superintendence, $1800. for engineering and about $14,000. will be the actual cash outlay to the town, making the ratio about one to three. The Chairman remarked that if the Board approved submitting the project nothing could be done until funds were obtained from the town. Mr. Raymond said the project could be started. Mr. Rowse asked if the project was approved, whether or not it might be good business to start in on it and stop some of the other pro- jects and Mr. Raymond replied in the affirmative. The project would employ fifty men for twelve months. The sidewalks would be gravel and bituminous top. Mr. Rowse moved that the project be submitted. Mr. Ross seconded the motion and it was so voted. North Street Culvert. P.W.A. Project. Curbing Project, Mr. Raymond presented W.P.A. application #x'63, which is a project for the North Street culvert under Vihe Brook. The W.P.A. officials will approve $260.00 for materials and supplies in addition to the labor and the Federal con- tribution will be $3633.00 as compared with $2578.90 of town funds; 58J% Federal - 412%Town. Twenty-seven men will be employed for two months. The Chairman asked what happened to the East Street culvert and Mr. Raymond said that there were never enough town funds but the Federal funds had been allowed. The Chairman asked which was the most important.. North or East Street, and he said North Street was the most important. He said this was also included in the Y.W.A. project for which he believed the town was going to be given a grant of $162,000. if the town will accept it. When we receive notice that we are awarded that grant,, we have fifteen days in which to accept it. Mr. Raymond told the official• that that could not be done as the By-laws would prevent it and he stated that as soon as we received notifi- cation of the grant, Mr. Raymond was to send a letter to New York headquarters requesting an extension to thirty days. Mr. Ross moved that the North Street W.P.A. project be approved. Mr. Potter seconded the motion and it was so voted. Mr. Raymond submitted supplementary application for the curbing project. The original project calls for $5124.90 of Federal and fp6649.61 of Town funds, of which $90,00 was for superintendence and $300. for engineering. The rest was actual cost. The engineering cost has been a great deal higher than the $300. and the Federal funds will be exhausted with the -project about two-thirds completed. The adjustment of catch basins was not included in the original project but is included in the supplementary project. The supplement shows a Federal contribution of $2140.70 as compared with the town contribution of $2873,30. The percentages in the supplement are the same as in the original. $2400.00 of the town's contribution in the supplement was in the original project so that if the two projects are taken together as one, the Federal contribution would be $7265.00 as compared with Town_ contribution of $6950.00. Mr.Potter moved that the supplementary project be approved. Mr. Ross seconded the motion and it was so voted. Mr. Raymond reported that the Building Inspector had Acting to go to the hospital on next Monday for an operation. He Building asked whom the Board wished to appoint in his absence. Mr. Inspector. Potter moved that Mr. Charles E. Ferguson be appointed Acting Building Inspector during Mr. Longbottom's absence. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond reported that he had talked with the Arl- ington Town Engineer and Chairman of the Board of Public Works, and it was suggested that Lexington and Arlington have a cooperative agreement whereby Lexington connects its sewers to an Arlington sewer and in the future Arlington 1 1 419 would have the privilege of connecting with Lexington sewers Lowell at two or three certain points. The Arlington officials Street ' agreed that that would be a good idea. Mr. Smith, Chairman, sewer contacted the other members of the Board and they agreed to the suggestion. The Town Counsel approves it but said that he would like to have smething in writing on it. He told Mr. Wrightington that there was a health menace at Lowell Street and that the situation was an emergency and he would like to go ahead with the sewer extension. Mr. Wrightington said in that case he would approve it. Mr. Raymond wants to make the extension with the provision that he get the full amount of the assessment from the H.O.L.C. The cost to the town will be the cost of the extension of the sewer In Lowell Street and there are funds in the Sewer Construction, Sundry Streets Account to pay it. He asked approval of his action. Mr. Ross moved that Mr. Raymond's action be approved. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond presented P.W.A. form #176. Upon motion of Mr. Ross, seconded by Mr. Potter, it was voted to adopt the following resolution: Resolution No. 1 A resolution authorizing the Town of Lexington, Massa- chusetts to file an application to the United States of America through the Federal Emergency Administration ' of Public Works for a grant to aid in financing the P.W.A. construction of a sanitary sewer, force main and sewage Resolution pumping station and designating John IV. Raymond, Jr. to furnish such information as the Government may request. Be it resolved by the Board of Selectmen of the Town of Lex- ington Section 1. That John W. Raymond, Jr. be and he is authorized to execute and file an application on behalf of Town of Lexington, Massachusetts to the United States of America for a grant to aid in financing the construction of a sanitary sewer, force main and sewage pumping station. Section 2. That John W. Raymond, Jr. is hereby author- ized and directed to furnish such information as the United States of America through the Federal Emergency Administration of Public Works may reasonably request in connection with the application which is herein authorized to be filed. Mr. Ross moved that the Clerk of the Board be author- ized to sign the Resolution. Mr. Potter seconded the motion and it was so voted. The Chairmen reported that the Board of Appeals had refused to grant Lila Lawrence O'Keefe a permit to maintain Barnes ' her home for convalescent children at 905 Mass. Avenue, and property therefor they had no place to move into. Mr. Rowse moved that the O'Keefe's be given formal notice that the occupancy of the premises at 1557 Mass. .Avenue must be terminated as 420 Marulli case. of August 1st, 1938, and that there would be no further extension of time. Mr. Ross seconded the motion and it was so voted. The Town Counsel appeared before the Board. He called the Board's attention to the case of Thomas Marulli vs.' Lexington. This is the case of the aut snob ile which turned over on Waltham Street near the Concord Turnpike. The case was tried in the Concord Court and Marulli obtained a find- ing of $350.00. Mr. Wrightington has filed a claim and can go ahead with the Appellate Division. He has tried to get the attorney for the plaintiff to reduce the finding. He thought it wiser to pay rather than spend more money fight- ing it. It would cost the town about $150. to take it to the Appellate Division, Mr. Ross moved that the case be appealed and discussed again by the Board before the trial. Mr. Rowse seconded the motion and it was so voted. Mr. Wrightington said that Harry A. Gilbert was going Bill in to present a bill in the a unt of $250.00 for his services Colonial in connection with the Colonial Garage case. He was in Court Garage case three whole days and parts of a few others. Mr. Ross moved that the bill be approved and charged to the Law Department Expense account. Mr. Potter seconded the motion and it was so voted. Letter was received from the Town Counsel advising that the Colonial Garage, Inc. had filed a motion for a new trial. The chief ground for the motion was that the jury had returned a verdict which was less than the town's expert testified was the damage. He testified that the damage was $3650. and the jury were supposed to add to what- ever amount they fixed as the damage, interest for one year, five months and eight days. Mr. Wrightington thought that Colonial the jury made a blunder in computing the interest and that Qarage case.they did not recall exactly what Gilbert testified as the damage. The Judge reserved his decision on the motion for a new trial. If he denies it, the plaintiff still has a right to go to the Supreme Court on a bill of exceptions. The attorney for the plaintiff suggested that his client would accept the amount our expert testified as the damage plus the interest and costs. Mr. Urightington was inclined to reoommend an agreement to settle on the basis proposed. Mr. Potter moved that the Board approve settlement on the basis of the amount of damages testified by the town's expert, plus interest and costs, following a Town Meeting vote. Mr. Ross seconded the motion and it was so voted. At 9:45 P.M. the Town Treasurer appeared before the Board to discuss Chapter 358 of the Acts of ,1938 relative Tax Title to the appointment of a custodian of tax title property. property This law allows the Selectmen to appoint a custodian of tax title property who may or may not be the Town Treas- urer, The Town Counsel said he thought this Act was Intended mostly for large cities. qtr. Carroll said that the 1 1 421 custodian would have to come to him for information any -way and he would have to do all the work: The Chairman suggested that the Town Counsel look into the matter and advise the Board nhether or not there was anything the Board should do about it. Mr. Carroll said that if a custodian was appointed, he thought he should be the appointee. Mr. Ross moved that no action be taken on the matter. Mr. Potter seconded the motion and it was so voted. They retired. The Chief of Police appeared before the Board. The Chairman read a letter received from the Chief advising that on July 7th, at 2:45 A.M. he received word that the police sta tion could not be reached by telephone. He visited the station at 3:10 A.M. and found the officer in charge asleep on the table in the guardroom. Sergeant John W. Rycroft was the officer in charge. He informed the Board that this was a violation of Rule 7 (c) of the Rules and Regulations of the Lexington Police Department. Rule 7 (c) is neglect of duty. The Chief said he came into the station a little after three o'clock and fouhd Rycroft asleep on the table. He wdk®- him up and told him he should sleep daytimes and then he could stay awake nights. He told him to go home and Rycroft came into his office and said he did not want to go home then so the Chief told him he could remain in the Police station until morning. The Chairman asked who reported violation that the station could not be reached and the Chief said that the prowl car did. The Chairman said that in one of the previous discussions with him, the Board stated that it felt it was his duty to recommend punishment for any member of the force who neglected duty. He asked the Chief if he remembered that and he replied in the affirmative. The Chairman asked if he was prepared to make any recommenda- tion in this case. The Chief said he did not think so. He did not believe that the man should be discharged from the department. As to reducing his rank, the man's wife is in a delicate condition and the Chief did not want to be the cause of any pre -natal influence. However, he thought there should be some r( primand. The Chairman said that taking into account the punishment the Board had given the other members of the force, he wondered what effect there would be if Rycroft was let off with a Oprimand. There was no reply. Mr. Potter asked what the reaction of the previous offenders had been; he wondered if the punisbment had helped them. The Chief said that both officers Smith and Barry had done exceptionally well since their punish- ment. Mr. Potter asked the Chief if he thought the Board had made a mistake, and he said he did not. The Chairman asked if the Chief would be prepared to recommend that the Sergeant be given a 4pimand and an extra tour of duty. ' The Chief said he would but there was a different situation here. The Board has a Sergeant to deal with, not a patrolman. The Chairman asked what he thought the extra tour of duty Fr - �; should be. He replied that he thought the punishment should be more than in the case of a patrolman. Mr. Potter said that the only difference in Barry ' s case and this was that Barry was found asleep outside and Rycroft was found asleep inside. Mr. Ross said he would like to get a point straightened out. He asked if the operator uptown .galled Arlington when the station did not answer and if Arlington put that fact on the radio. The Chief said that was correct. The Chairman asked what the Chief would recommend for punishment duty. The Chief recommended 240 hours. Mr. Rowse asked if there were any previous complaints against this man and the Chief replied in the negative. Mr. Ross asked if the Chief was going to consider changing Ryeroft's hours considering the fact that he fell asleep. The Chief said that he had been rotating the hours. The Chairman asked if he shifted Rycroft around. The Chief said that he shifted him in 1937 and said that he was satisfied to work nights as Sergeant Russell preferred day duty. The Chairman asked if the Board wished to have Sergeant Rycroft in. Mr. Potter suggested that he be given the Board's decision and if he was not satisfied, he then could ask for a hearing. The Chairman asked the Chief if he thought it would be fair to have Rycroft in, and the Chief said that that had been done in the past and perhaps it would be fair to do so now. He retired. Mr. Potter moved that the Board of Selectmen instruct the Chief of Police✓to y`: rimand Sergeant Rycroft for neglect of duty and further moved that in accordance with the recommendation of the Chief of Police, Sergeant Rycroft be given 240 hours of extra duty as punishment. Mr. Rowse sedonded the motion and it was so voted. Chap. 211 Letter was received from the Town Counsel and W. R. of the Acts Greeley relative to Chapter 211 of the Acts of 1936. The of 1936. Chairman suggested that the Board ask the Planning Board if it would be willing to take charge of the matter and submit to the Board its final decision, and it was decided to do that. Letter was received from the Town Accountant stating that on the Highway Maintenance and Water Department pay- rolls for this week, there were several employees listed for more than forty hours work. The Superintendents ex- plained the extra hours as being emergency work. He said it was going to be difficult for him to keep a record of the number of hours worked by town employees on an hourly basis. Fort hour The Chairman asked Mr. Raymond what his opinion was Y 3� P week as to how the forty hour average week was working out. Mr. Raymond said it was practically impossible to even it up on account of emergencies coming up involving key men. If there is an emergency on Sunday, it is necessary to work key men. If you have a rainy day you have to have the key men in order to take care of flooding, etc. If you try to C'C 1 1 1 have the men who have missed the rainy day even it up, ' you can't work them without working the key men. Mr. .Rowse said it was his inclination that the forty hour week was going to result in a larger hourly rate. He said he was opposed to it. The Chairman said he felt it would be best to let the department heads run their departments as they see fit with the money they have available. If they do not run them satisfactorily, they should be discharged. Mr. Rowse asked Mr. Raymond what he would recommend and he said he thought the matter should be left to the heads of the departments. Mr. Potter moved that the votes of June 7th and 21st relative to the forty hour week be rescinded immediately. Mr. Rowse seconded the motion and it was so voted. Mr. Rowse moved that the payrolls for the week end- ing July 12th mentioned in Mr. Russell's letter be approved. Mr. Ross seconded the motion and it was so voted. Mr. Mitchell appeared before the Board relative to Welfare matters. Letter was received from the Town Physician. The Chairman read the letter and said that Dr. Newell wanted $400, additional for expenses, etc. He said that $750.00 was approved to pay the Town Physician and at the time of ' approval, it did not occur to any member of the Board that it would be impossible to get a doctor to take the job for that money. With the help of other physicians, he was able to get Dr. Newell to take the job provided his other ex- penses were paid. Mr. Rowse moved that the Town Physician be paid 01150.00 for the year 1938 and that an article be inserted in the warrant for the next Town Meeting to ask for an appropriation of an additional $400. Mr. Ross seconded the motion and it was so voted. The Chairman asked the Board what it wished to do about Swenson's hall. The Health Inspector had reported that there were no sanitary facilities in the hall. The Chairman stated that the Building Inspector stated that the General Laws required toilets in all assembly halls for both men and women. Mr. Rowse moved that the Swensons be ordered to install sanitary facilities for both men and women and that the use of the hall be suspended until the order has been complied with. Mr. Ross seconded the motion and it was so voted. The Board discussed the letter received from the Blue Cross, a non-profit plan for protection against future hospital bills. Mr. Rowse moved that the plan be made available to Town employees to join and that in the event ' of its acceptance, the Town Treasurer be allowed to deduct the charges from the wages of the employees. Mr. Potter seconded the motion and it was so voted. Welfare Town Physician Swenson's Hail Hospital Plan. 424PWC The Clerk reported that Mrs. Charles Richards paid Richards $10. on her Board of Health bill last Saturday. It was ' bill. decided to request Chief Taylor to appear before the Board at the next meeting to discuss the matter. The Chairman stated that Mrs. William Br anhall of Complaint Parker Street complained of the noise at the playground re noise at in the evening. Mr. Ross moved that the Police Department Playground be notified to enforce the Park Regulations that there are to be no activities on the playground property between the hours of 10 P.M. and 6 A.M. Mr. Rowse seconded the motion and it was so voted. Letter was received from the Civil Service Commissioner advising that the following persons were eligible for Police appointment to the Police Department: list. Richard McCormack - 67 Grant Street Maurice E. Uoodward - 92 Woburn Street John E. Barrett - 24 Clarke Street. The Clerk reported that F. K. Johnson had requested Soap Box permission to run a soap box derby on Saturday, July 16th, Derby. 1938. This event is to be held on Mass. Ave. and Mr. Johnson would like that street roped off from Audabon Road to Lincoln Street. Mr. Potter moved that the permit be granted. Mr. Rowse seconded the motion and it was so voted. Letter was received from the Town Treasurer advising that in order to meet the temporary notes due July 29th in the amount of $100,000. it would be necessary to place another loan in anticipation of revenue for the amount of Loan. $50,000. Mr. Rowse moved that the Town Treasurer be authorized to take bids on a loan of $50,000. in anticipa- tion of revenue, the bids to be received July 19th at 7:30 P.M. and the notes to be dated July 20, 1938 and payable July 7, 1939. Mr. Potter seconded the motion and it was so voted. The Chairman informed the Board that Katherine Harring- Sign on ton was bothered very much with cars parking on her side of Clarke Clarke Street. He suggested that a "No Parking from Here Street to Corner" sign be set at the rear of Miss Harrington's property. Mr. Rowse moved that such a sign be erected, provided there was one available. Mr. Potter seconded the motion and it was so voted. Peddlers Mr. Potter moved that a Peddlers License be approved License. for Lewis A. Gillis of 52 Lowell Street. Mr. Ross seconded the motion and it was so voted. The Board signed the following commitments: Water ' Commitments Rates - $.36• Water Miscl. Charges, $128.94; Water Connections 414.00. The meeting adjourned at 11:15 P.M. A true record, Attest: Jerk.