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HomeMy WebLinkAbout1938-07-19 425 SELECTMEN 'S MEETING JULY 19, 1938. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, at 7:00 P.M. Chairhan Giroux, Messrs. Potter, Ross , Clark and Rowse were present . The Clerk was also present. At 7:00 P.M. the Town Treasurer appeared before the Board and presented bids on a loan in the amount of $50,000 . in anticipation of revenue, the notes to be dated July 23 , 1938 and payable July 7, 1939. Bids were as follows: Lexington Trust Co. .27% dis . Loan Second National Bank .28 " New Eng. Trust Company .25 lus $1. Boston Safe Deposit & Trust Co. .247 dis. R. L. Day .27 die. Mr. Clark moved that the bid of the Boston Safe Deposit & Trust Co. be accepted. Mr. Ross seconded the motion and it was so voted. Messrs. Raymond and Wrightington appeared before the Board. The Chairman read a letter from the Federal Sewer Emergency Administration of Public Works advising of an Project - allotment in the amount of $162,000. to aid the town in fin- ancing its sewer and storm drainage project. The Chairman said that in view of this, the Board should decide whether Town or not it wanted to call a Town Meeting and give the town Meeting. meeting members an opportunity to act on the matter. He said there was no money available for transfer at the present time. Mr. Raymond wired New York upon receipt of the notice of the grant and requested, upon the Chairman's authority, a fifteen day extension of time on the fifteen day time limit for acceptance. No reply has been received as yet. The Chairman asked the Town Counsel how the Board should consider the matter in relation to the Ryder cases . Mr. Wrightington said that the Federal grant itself would have no bearing on the Ryder cases. He said that if in scene manner the Ryder cases were settled, the fact that the Town had voted to remove the water from the Ryder land would have no bearing before the Court. It would stop damage for the future but would not be any evidence of liability. The improvement in Vine Brook would not be an admission of liability. Mr. Rowse asked whether, if the town did this job, it would have any influence on a decision in later cases. Mr. Wrightington said that the question of liability would be decided by this litigation. Mr. Rowse asked if it would not be an admission on the part of the town that there had been damage there. Mr. Raymond said, "not necessarily"; * it would be an assertion that the water had been held back II and that this would be taking care of it. Mr. Rowse asked if the Work would have any bearing on subsequent suits that the Ryders might bring and Mr. Wrightington said he did not think so. The Chairman asked if the decision on the whole thing depended on the first case, and Mr. Wrightington said * it would hot be an admission of legal liability to the Ryders, but 426 cz me he assumed so. He said that if the town was held liable, the sooner the culvert was enlarged and lowered, the better. Mr. Raymond said that the total cost of the job would be c1.360,000. of which the town's contribution would be $ 183,000. The difference between $$345,000. figured for the total job at the previous meeting and the $360,000 . estimated now represents the preliminary expenses plus the interest during construction. Mr. Rowse asked how much more the project would cost doing it with Federal funds as compared with doing it with town funds. Mr. Raymond said he believed that with the present set-up, the cost would be very close to what you would get if the job was advertised without any Federal restrictions. Mr. Clark said that last spring he asked Mr. Raymond if he considered that Vine Brook was first in im- portance and he stated that the North Lexington sewer would come before the Vine Brook job . He asked if he still felt No. Lex. that way. Mr. Raymond said that he felt the same way now. Sewer Mr. Clark said that that project would still be of primary Project. importance even if this work were done. Mr. Raymond said that the North Lexington sewer job had been submitted and he understood that a grant had been received in New York. The town's contribution would be $85,000. as compared with $69,000. of Federal Funds. He expected that the Town might receive a grant on that project inside of a month. The Chairman .said it was a question as to whether or not the town should have an opportunity to act on the proposition. Mr. Clark said that when he was a Town Meeting Member, his impression was that when anything was on the Warrant it more or less had the approval of the Selectmen. He knew now that that was not true but it seemed to be the impression that most of the town meeting members have. He said that if it was likely that the town would receive a grant on the North Lexington sewer, it would seem best to wait until notice of it had been received and then present the most important project to the town. Mr. Rowse said he thought the town should have an opportunity to decide on it unless the Board decided that the town could not spend the money. He said he had no sympathy with projects put before the town meeting that were not definitely recommended by the Selectmen. Mr. Potter said that the town had been paying off its debt at the rate of $100,000. per year and if both of these jobs were done, they would cost only $26,000. per year. Mr. Potter moved that the Selectmen go on record as recommending that the Vine Brook drainage and sewerage project be constructed with the Federal grant of 0162,000. Mr. Ross seconded the motion and it was so voted. Mr. Clark and Mr. Rowse voted in opposition. Mr. Potter moved that the Chairman call a town meeting Town for Monday, August 8th at 8:00 P.M. and that the whole Meeting. matter be presented to the Town Meeting Members at that time. Mr. Ross seconded the motion and it was so voted. Mr. Clark voted in opposition. A majority of the Board then signed the Warrant for the meeting. 427 Mr. Raymond said that he would recommend replacing the four inch main in Warren Street inasmuch as there are funds available if transferred at the Town Meeting. There is a balance of $975.00 in the Cottage and East Street approp- riation, $1000. in the Raymond Street appropriation and the Warren Metropolitan Water Assessment was $2000 . less than was Street estimated. The total cost of the job would be about $3600. pipe. and it would be necessary to take about $1500. out of Water Maintenance. Mr. Clark asked why this could not wait until next year and Mr. Raymond said that it could. Mr. Rowse said he did not think this matter should be brought up now as all construction work desired was approved at the Town Meeting and this was not an emergency. Mr. Potter asked if it was necessary to keep the men busy. Mr. Raymond said that it would not keep the men busy for long as it would take only twelve men about two weeks. Mr. Clark moved that no action be taken on the matter. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond said that he had received an estimate of $25.00 from Frank J. Thompson for doing necessary work in Work on election booths at the Adams School. He thought that the election price was very fair for the work Thompson proposed to do . booths { Mr. Clark moved that the Board authorize the work subject to Mr. Raymond's approval and that the expense incurred be charged to the Elections appropriation. Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that the Boston & Maine R.R. had Railroad reduced their claim in connection with the easement for claim - the laying of the culvert under the railroad at East Lex- Easement. ington from $100. to $50. Mr. Rowse moved that the previous vote of the Board approving the sum of $100. be rescinded and that the sum of $50.00 by approved. Mr. Clark seconded the motion and it was so voted. Mr. Raymond asked if the Board would approve starting work on the Eustis and Haskell Street drains, which were Drainage part of the Street Drainage W.P.A. project. The Town's Project contribution will be $1500 . and the Federal contribution will be $2260.00. Mr. Ross moved that Mr. Raymond be given authority to start work on these drains. Mr. Potter seconded the motion and it was so voted. The Chairman reported that there was a balance of Public Work: $8582.05 in Public Works Labor , Material and Expenses account. appropriation and asked Mr. Raymond how long he thought this would last . Mr. Raymond said he thought this would last until October lat . The Chairman said that there was $53,891.93 in the Excess and Deficiency Account and the outstanding taxes E. & D. ' were as follows: 1935, $2609.26; 1936, $21,258.81 and Account 1937, $114,484.23, so there will be no money available for transfer for some time. Mr. Rowse moved that a letter be written to the Tax Collector calling his attention to the [1 428 ha urgency of money being available in the Excess & Deficiency Account and requesting him to exert every effort possible toward getting the money in. Mr. Clark seconded the motion and it was so voted. Mr. Raymond said that the question had been asked Welfare whether or not it was necessary to keep the foreman on the foreman. Welfare projects. During the past twelve weeks the workers have varied from three to eight per week. 0232.00 is the value of their wages and the wages of the foreman amounted to $140.00. Mr. Raymond reported that the sheets containing the signatures of those agreeing to pay the assessments on sewer Bow St. betterments in the Bow Street area have been returned. sewer. 472% of the abutters on Bow Street have signed; 69.3% of the abutters on Rawson Avenue have signed, and none on Rindge Avenue have signed. There are therefor not sufficient signatures to warrant the work being done. Mr. Raymond said that he had received seven bids on the erection of fences at the Center and East Lexington play- grounds. The lowest bidder was the Chain Link Fence Co. of Brookline whose bid was as follows: Bids on Center Playground - 0508. erected and completed fences. 497. if town labor is supplied East Lexington Playground - $342. erected and completed 200. if town labor is supplied. Mr. Rowse moved that the bid of the Chain Link Fence Company be accepted. Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that the tapping machine owned by the Water Department was rapidly getting worse. They thought it would last for the year when they made up the budgets, but Tapping they have had some trouble with it lately. It has broken machine. down five or six times. They had the mnanufacturerts rep- resentative look at it and he said it would cost almost as much to put it in first class shape as it would to buy a new one, which would be about $150 .00. Mr. Raymond said he would like authority to try out two or three makes and say that he was in the market for a new one. Mr. Rowse moved that Mr. Raymond be given this authority. Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that he had received another com- e Kendall plaint on account of drainage on Kendall Road. This time the Road complaint was made by a Mr. Sentosuosso who lives across the Drainage. street from Mr. Diliman. The water washes down from the accepted portion of Kendall Road and across his driveway. Mr. Ross moved that Mr. Raymond be authorized to do whatever nedessary to eliminate the trouble but the motion was not seconded. Mr. Rowse moved that no action be taken on the matter. Mr. Potter seconded the motion and it was so voted. 429 The Chairman stated that the Board had received a petition signed by twelve of the property owners on Charles Street requesting the construction of a sidewalk under the Betterment Act. He asked Mr. Raymond if there were funds Sidewalk- enough in the appropriation to do the work and he replied Charles that perhaps there were sufficient funds to do one side. Street. Mr. Rowse moved that the matter be turned over to Mr. Ray- mond for investigation and report. Mr. Potter seconded the motion and it was so voted. The Chairman asked the members of the Board if they had looked over the Daley property at the corner of Waltham Daley Street and Concord Avenue. The various members said they complaint had looked over the situation. Mr. Potter moved that no action be taken on the complaint. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond reported that he was going to take one week's vacation beginning on Thursday. Vacation Mr. Stevenson appeared before the Board . Mr. Rowse said he would like to hear what happened at the Tyler dairy on Maple Street. Mr. Stevenson said that Tyler was connected with the Speedwell Farms and was getting foreign Dairies milk. Tyler probably owed them so much that they were not giving him good milk. Mr. Stevenson got after him once and the State Inspector came out and condemned all the milk he had and sent it back. Since then Speedwell Farms has taken over Tyler's dairy and he is not pasteurizing there now. Mr. Stevenson said that the last analysis of milk made showed a very low bacteria count for Lexington producers. Chief Taylor appeared before the Board. The Chairman informed him that the Board of Health had paid for the hospital care of Agnes Richards, the daughter of one of Richards the Fire Department employees, and the bill amounted to bill $268.50 of which 650.64 has been paid. There is a balance of $217.86 which the Selectmen are trying to collect. He explained that the Board had requested the Richards to pay $5.00 a week and asked if the Board was being very hard with them. Chief Taylor replied in the negative. The Chairman requested Chief Taylor to speak to Mr. Richards and request him to make every effort to pay the bill . Mr. Richard G. McCormack of 67 Grant, top ranking man on the list of eligibles for appointment to the Police Department, appeared before the Board. The Chairman asked McCormack him questions to which he replied as follows : He had a re police high school correspondence course and a two year vocational appointment school correspondence course. He is married, has no children and has lived here approximately twenty years. He has an equity in his home on Grant Street. He worked for the Swanson Furniture Co. of Belmont for five years as a truck driver and estimator, worked for John A. Sellars for about five years and is rice working for Lever Brothers as 430 ta me a truck driver. He presented letters of recommendation from Mr. E. Swanson and Mr. John Sellars. Mr. Clark stated that he had had a telephone call from Lever Brothers stating that Mr. McCormack had an excellent record there. McCormack said that he had been on the list before and now headed it and thought he was entitled to the job. He retired. Mr. Maurice E. Woodward of 92 Woburn Street, second on the list, appeared before the Board. He said he was 28 Woodward years old, married, lived in Lexington about 24 years and re Police. graduated from Lexington High School. He owns no property here. He worked as a sales clerk in the First National Stores after he got through school and was offered a job with the Canfield Hatchery. He worked for about three years there and until the branch was closed. He worked for Lawrence Gaffney as a gardener and also worked for Mr. Edward C. Stone as a gardener. He is now employed in the Park Department of the town and has been there for one year. Mr. Woodward said that although he finished second on the list, he finished first with a large majority in physical strength. He said he had never been in any difficulties and did not drink or smoke. Mr. John E. Barrett, third on the list, appeared before Barrett, the Board. He said he was 31 years of age and went to re Police. grammar school and had vocational training at Lowell. He is married and has no children. He worked for a milk concern in Lowell and then worked for the Acme and United Window Display Co. in Boston. He has been working for the Ford Motor Co. for the past four seasons. He said he would like the position. He retired. Police Upon motion of Mr. Clark, seconded by Mr. Ross, it was appointment unanimously voted that the top ranking man on the eligible list, Mr. Richard G. McCormack, be appointed to the position of Police Officer, effective as of August 8th, 1938 . Notice was received from Helen C. Whittemore of the Insurance expiration of liability insurance on Town automobiles as of August 19, 1938. Mr. Clark moved that the matter be held over until the next meeting. Mr. Ross seconded the motion and it was so voted. Letter was received from the Board of Retirement re- garding James Stewart, an employee of the Highway Department. When Mr. Stewart was admitted into the Contributory Retire- ment System he stated that he was born on December 16, 1869 but he has now filed a birth certificate daowing that he Stewart was born on December 16, 1867. Section 29, paragraph 1 of Retirement . Chapter 32, G.L. as amended, provides that any member who shall have attained the age of 70 shall be retired for superannuation upon attaining such age. Accordingly, Mr. Stewart should have been retired on December 16, 1937 but in view of the error was not . He is therefor being retired immediately. 431 I � A protest against granting permits for carnivals on the Murphy lot at the Arlington-Lexington line was received Protest which was signed by twenty-five persons. Mr. Ross moved re that it be the policy of this Board of Selectmen that no carnivals permits shall be issued to conduct carnivals . Mr. Rowse seconded the motion and it was so voted. Application was received from the Lexington Council, Request K. of C. for permission to run a carnival on the Murphy lot for from Sept. 12 to 17 inclusive . Mr. Ross moved that the carnival application be denied due to the fact that complaints had been received. Mr. Rowse seconded the motion and it was so voted. Bill in the amount of 4110.00 for dues in the Middlesex County Selectmen's Association was received. Mr. Ross Assoc. moved that the bill be approved and charged to the Select- dues. men 's expense appropriation. Mr. Rowse seconded the motion and it was so voted. Application was received from John Lamont for the Application position of Health Inspector and Slaughter Inspector. The for Clerk was requested to place the application on file until position such time as a vacancy occurs. Letter was received from the Planning Board advising ll that that body approved of the layout of the property be- longing to the Bernard McCaffrey estate on Mass. Avenue at McCaffrey the top of Concord Hill, according to a drawing dated Feb. layout 15, 1938. The Planning Board called to the attention of the Board of Survey the fact that lots 17, 18 and 19 would undoubtedly be uhsuitable for building as they pitched into a depression which contains two or three feet of water the greater part of the year. Mr. Ross moved that the Board approve the McCaffrey layout tentatively and that the Bernard McCaffrey Estate be requested to present a final plan to be signed by the Board of Survey. Mr. Rowse seconded the motion and it was so voted. Board of Appeals orders were received as follows: May F. Stone, 36 Simonds Road - Granted permit to construct side porch; Board of Rose C. Marquis, 255 Bedford Street - Denied petition to Appeals maintain rest home; orders Albert Bieren, Bedford Street L Granted permit to maintain grain shed. The following permits were granted: W. S. Caouette, 1765 Mass. Avenue - Overhanging Sign Licenses G. W. Bean , Bedford Street - Sunday Golf. Notice was received from the Mass. Dept. of Public Works advising that application had been received for re- newal of a permit to maintain a billboard at 11-19 Mass. Billboard Ave. Mr. Rowse moved that the application for renewal be disapproved. Mr. Ross seconded the motion and it was so voted. 432 cm co Upon motion of Mr. Ross, seconded by Mr. Rowse, it was V"` voted to establish the jury list as follows : Name Occupation Address II Adler, Alfred A., Manager 12 Berwick Road Allis, D. Jack Engineer 34 Eaton Road Archibald, Earl S. Wool 19 Downing Road Avery, Fred L. W.P.A. 11 James Street Blake, Charles M. Manager 59 York Street Blake, Kenneth P. Antiques 19 Oakland Street Boleyn, Robert C. Pressman 57 Shade Street Bond, Raymond A. Broker 37 Somerset Road Bone, George W. Broker 4 Watson Road Bramhall, William S. Salesman 25 Parker Street Britton, Frederick S. Adv. Manager 8 Bedford Street Brown, Ronald D. Telephone Co. 27 Edgewood Road Bullock, George A. At home 10 Hill Street Burton, James J. Jr. Mechanic 38 Colony Road Callahan, Paul L. Repairman 8 Fletcher Ave. Carter, Lyon Banker 39 Marrett Road Cassidy, Richard P. Manager 16 Curve Street Childs, Edmund S. Executive 7 Adams Street Clarke, Richard A. Retired 91 Simonds Road Cochrane, Ralph E. Carpenter 67 Bridge Street Cosgrove, James V. Poultry 30 Grove Street Cronin, Daniel A. Manager 49 Forest Street Dailey, Charles J. Inspector 28 Bow Street II DesLesdernier, G.Arthur Miilor 39 Cary Avenue Donnelly, James P. Manager 38 Locust Avenue Downs, Norman A. Insurance 11 Edgewood Rd. Eldridge, Roswell S. Salesman 17 Edgewood Rd. Etheridge, Gilbert Roreman 53 Downing Road Ferguson, Charles E. Builder 16 Highland Ave. Jury Ferguson, Roy A. Clerk 19 Bertwell Road List. Ferry, Anthony Thomas Tree Surgeon 15 Columbus Street Freeman, Daniel H. Graybar Co. 305 Bedford Street Garmon, Roland E. Janitor 737 Mass . Avenue Goodwin, Charles A. Market Man 12 Coolidge Ave. Graves, George E. At home 33 Adams Street Griffiths, Sherman C. Manager 20 Adams Street Hadley, Frederick C. Draftsman 12 Bertwell Road Hamlin, Hazen W. Real Estate 50 Gleason Road Hargrove, John H. Accountant 3058 Mass. Avenue Hederstedt, Paul R. Real Estate 6 Tower Road Hennessy, William A. Broker 29 Cedar Street Herrick, Frank P. At Home 173 Waltham Street Hill, Converse Insurance 2101 Mass. Avenue Hinckley, Russell C. Underwriter 44 Bertwell Road Hooper, Norman C. Civil Engineer 35 Bertwell Road Horton, Clarence R. Merchant 11 Coolidge Avenue Hudson, Frank E. Telephone Co. 23 Baker Avenue Hunt, William Real Estate 17 Adams Street II Jones, Carl B. Mason 306 Lowell Street Keating, James F. Sr. Executive 3 Bowker Street 433 i Kenego, Anthony* J. Carpenter 33 Brandon Street II Lambert, Frank Estimator 23 Lowell Street Lawrence, Louis H. Retired 960 ➢8altham Street LeGoff, William A. Manager 60 Cliffe Avenue Lidberg, Gustaf Engineer 92 Adams Street Locke , Errol H. Manufacturing 3 Abbott Road Loring, Selden M. Advertising 55 Bloomfield St. Loupret, Eugene C. Inspt. ;Motor Vehicles 323 Bedford St. Lowe, George H. Retired 419 Marrett Road cGilvray, Harold Painter 12 Cary Street Hanley, Donald V. Manager 12 Fletcher Ave. Manley, John F. Salesman 20 Parker Street Manning, John F. Accountant 11 Dexter Road Mara, Robert C. Clerk 22 Muzzey Street Martin, Herbert A. Foreman l;~ Lee Avenue Mathers, Ernest Civil Engineer 259 Bedford Street Mayo, Robert D. Salesman 6 Oakmount Circle McCarron, William E. Special Agent 840 Mass. Ave. McCarthy, William T. Accountant 8 Taft Ave. McCausland, Elton B. Felt Process Co. 1 Berwick Road McCormack, Charles A. Tel. Engineer 35 No. Hancock St. McCoubrey, Walter W. Manager 23 Edgewood Road McKenzie, James L. Unemployed 9 Hayes Lane Merriam, Robert C. Asst. Supt. 4 0akmount Circle Moore, Robert H. Moore Mach. 1445 Mass. Ave. Mortimer, Alfred C.Jr. Manager 14 Dexter Road II Napoli, Thomas A. Poultry 23 Middle Street Needham, Harold B. Salesman 40 Fern Street Newcomb, Arthur C. Filling Station 8 Dee Road Nylander, Hugo L. Painter 5 Manning Street O'Dell, William H. W.P.A. 30 Moreland .AVenue Ohison, Alexander Golf Club 134 Bedford Street Page, Vernon C. Plumber 12 Independence Ave. Perkins, Edward W.Jr. Engineer 8 Bertwell Road Peterson, Roy C. Gas St. Attendant 27 Blossom Street Pierce, Albert K. Engineer 129 Spring Street Pierce, L. Ellsworth None 14 Locust Ave. Potter, Murray T. Foreman 19 Walnut Street Putney,Luther R. Teacher 31 Locust Avenue Readel , Arthur C . Bookbinder 20 Maple Street Ready, Francis H. Merchant 33 Parker Street Roberts, Arthur M. Dairy 38 Adams Street Rundlett, Wilbur E. Salesman 44 Bridge Street Russell, Herbert P. Trust Dept . 6 Berwick Road Sherburne , Richard R. Insurance 24 Percy Road Sibley, Edward W. Mech. Engineer 18 Eliot Road Small , Clarence A. Supervisor 19 Dexter Road Smith, Arthur L. Stand Keeper 388 Bedford Street Smith, James W. Jr. Salesman 16 Franklin Road Snee, Bernard P. Supervisor 47 Woburn Street Spellman, James E. Bus Operator 24 Shirley Street II Spidel, Clarence E. Mason 31 Vaille Avenue Stevens, Frank L. Mfg. 282 Marrett Road Stevens, Frecerick R. Chmist 52 Gleason Road Stevenson, William H. Salesman 21 Oakland Street Stone, Harry E. Executive 9 Berwick Road 434 Io to Therian, William A. Engineer 5 Kimball Road Thomas , Fred N. At home 40 Fletcher Ave. Timothy, John E. Taxi Business 442 Waltham Street Trask, Robert P. Manager 2118 Mass. Ave. Viano, Ernest E. Garage 186 Bedford Street Viano, Eugene J. Dealer 9 Reed Street Watt, Robert Plumber 130 Bedford Street Webb, Melville W. Salesman 266 Lincoln Street Wheeler, Harry A. Treasurer 31 Somerset Road White, Stanley W. C. P. A. 11 Belfry Terrace Whitney, Robert Insurance 10 Round Hill Road Willis, Charles M. Architect 21 Colony Road Messrs. Mitchell and Morse appeared before the Board in Welfare. regard to Welfare matters. The meeting adjourned at 11:00 P. M. A true record, Attest : oM/f. Clerk,