HomeMy WebLinkAbout1938-09-06SELE CT14EN I S MEETING
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SEPT. 6, 1938.
A regular meeting of the Board of Selectmen was held
in the Selectmen's koom, Town Office Building, at 7:00
P.M. Chairman Giroux and Messrs. Potter, Ross, Clark
and Rowse were present. The Clerk was also present.
At 7:00 P.M. the Town Clerk appeared before the
Board and submitted bids on a loan in the amount of $183,000.
for a term of fifteen years, said loan to be applied to the
Vine Brook Drainage project. The following bids were
received:
Mr. Raymond appeared before the Board. He said he Traffic
looked over the street in front of Winlock's on Merriam line for
Street, and thought it did not seem worth while to elimin- Merriam
ate the crown of the road and bank it. He thought it Street
would help some to put a vhite line in the center, though.
Mr. Potter suggested that this be done.
Mr. Raymond reported that since the traffic lights
at Mass. Ave. and Waltham Street had been working it had Lights at
been suggested that there be made two lines for north- Waltham
bound traffic. Mr. Potter moved that the suggestion be Street.
approved. Mr. Rowse seconded the motion, and it was so
voted.
Mr. Clark informed Mr. Raynond that there was a high Bush at
bush on the Masonic Temple property which obscured the Masonic
vision looking up Bedford Street from Harrington Road. Temple
' He suggested that the owners be requested to trim the bush.
Mr. Raymond stated that D. J. O'Connell had been
requested to remedy a situation in regard to a violation
Lexington Trust Co.
100.17
l o Interest
Bids on
R. L. Day
100.29
lw% "
Loan of
Estabrook.Co.
100.035
lao "
$1830000.
First Boston Corp.
100.40
1 3/4o "
Tyler & Co.
100.30
1a "
Newton Abby Co.
101.145
1 3/40 "
Smith Barney Co.
101.447
1 3/40 "
Goldman Sachs Co.
100.704
1 3/40 "
Mr. Clark moved that
the loan be awarded to the
lowest net bidder. Mb. Potter seconded
the motion, and
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it was so voted.
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The Town Clerk appeared before
the Board for the
drawing of one juror to serve at the
Civil Session at
Lowell beginning on October 3, 1938.
Mr. Daniel H.
Juror
Freeman, 305 Bedford St.,
Graybar Co*-,, was the juror
drawn.
Mr. Raymond appeared before the Board. He said he Traffic
looked over the street in front of Winlock's on Merriam line for
Street, and thought it did not seem worth while to elimin- Merriam
ate the crown of the road and bank it. He thought it Street
would help some to put a vhite line in the center, though.
Mr. Potter suggested that this be done.
Mr. Raymond reported that since the traffic lights
at Mass. Ave. and Waltham Street had been working it had Lights at
been suggested that there be made two lines for north- Waltham
bound traffic. Mr. Potter moved that the suggestion be Street.
approved. Mr. Rowse seconded the motion, and it was so
voted.
Mr. Clark informed Mr. Raynond that there was a high Bush at
bush on the Masonic Temple property which obscured the Masonic
vision looking up Bedford Street from Harrington Road. Temple
' He suggested that the owners be requested to trim the bush.
Mr. Raymond stated that D. J. O'Connell had been
requested to remedy a situation in regard to a violation
O'Connell of the Plumbing Laws and State laws relative to connections
violation. of sewers in the Metropolitan District. He was notified
on August 22nd that if the matter was not corrected within
ten days, the Town Counsel would be ordered to proceed
to take the necessary action. Mr. Raymond asked if the
Board wished to turn the matter over to the Town Counsel
Mr. Ross moved that this be done. Mr. Potter seconded the
motion, and it was so voted.
Mr. D. J. O'Connell and a Mr. Bryant of the A.& P. Co.
appeared before the Board, to discuss the new sign which
has been erected on the "Stop and Shop" store of the
company in Lexington Center. O'Connell said that he saw
Mr. Bryant at the store, and was told that the sign was
ready to go up. He talked with Mr. Longbottom, who said
that they could take their chances on putting it up, al-
though he could not O.K. the sign. O'Connell then told
the A. & P. Co. they could put up the sign. The Chairman
said that the Selectmen were going to recommend to the
Committee on the Revision of the Building Laws that pro-
vision be made for signs on stores not to project above the
top of the building, and probably the Building Inspector
told OtConnell that, but this sign does project over the
top of the building. Mr. Bryant said that the sign cost
a great deal of money, and would cost money to take down
Sign at and build a new one to replace it. Mr. Clark said that
A.& P store. this was a violation of the Building Laws. O'Connell re-
quested that they be allowed to keep the sign up until the
new laws were- adopted. The Chairman explained that the
Board had already forced one man to take down a sign larger
than_ what was allowed and it would not be fair to allow
this one to be maintained. Mr. Rowse asked if they could
use the sign in some other place, and Bryant said that that
was possible, but it was made for this particular store,
and they would like to keep it up. They retired.
Mr. sdrightington appeared before the Board. Mr. Rowse
asked if the Board could tell the company that they would
maintain a sign according to the Building Inspector's
recommendations, if it was no larger than others in the
center of the town. Mr. Wrightington said that he could
not approve of this from a legal aspect. It was decided
to request the Building Inspector to appear before the
Board next Tuesday night to discuss the matter further.
Mr. Raymond reported that he had received a complaint
that the water was draining from Middle Street onto the
Scheibe driveway and washing it out. This happened twice
in 1938, and the Scheibes want to know if the Town will
Drainage - do something to remedy the situation. Mr. Raymond told
Middle St. Mrs. Scheibe that if she would grant the Town the right
to discharge the water onto the low land easterly of the
drive, he would abk the Board to give him the authority
to spend $150. to take care of the matter. The money is
available in the Drainage - Sundry. -- Account.
Mr.
Potter moved that Mr. Raymond be granted the requested
authority. Mr. Rowse seconded the motion and it was so voted.
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Mr. Raymond reported that the Water Department com-
pressor was in need of repairs. He received a bid from
Repairs
Maguire -Faucher Co. in the amount of $325. for the entire
to
job, and $284. plus extras from Walter Field & Son. He
compressor
thought that the bid of Maguire -Faucher Co. would be more
advantageous to the Town. Provision for this overhauling
was made in this yearts water maintenance budget, and the
money is available. Mr. Clark moved that the work be
approved. Mr. Rowse seconded the motion and it was so
vot e d .
Mr. Raymond reported that he was receiving three or
four complaints a day about garbage not being collected
oftener than once a week. The amount of garbage at this
time of year is larger than at other times of the year.
This probably will continue for another month or more.
Garbage
Mr. Raymond has found that the contractor has only one
complaints
truck on the job, and it is impossible to do the work
of making two collections a week in accordance with the
terms of the contract. He recommended that the Board
certify that the contractor's work was not being satis-
factorily performed and that the collections were not
being done satisfactorily, and instruct him at once to
put on another truck and do the work in accordance with
his contract. Mr. Ross moved that the contractor be
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written a letter to that effect. Mr. Rowse seconded the
motion, and it was so voted.
Mr. Raymond read a letter from Mr. Garrity requesting
an increase of 4 per hour for Maurice Woodward, a Park
Department employee. Mr. Woodward was hired on Sept. 1,
1937 at the rate of 54 per hour and in January received
Increase,
an increase of. 5¢ per hour. Mr. Raymond said that they
Park Dept.
had had some unpleasantness with an employee who was
employee.
being paid 60¢ per hour, and it was planned to let him
go. He said that Woodward had been doing very good work,
and he thought Mr. Garrity 1 s request should be granted.
Mr. Ross moved that the increase be granted, to be effec-
tive when the man mentioned above was discharged. Mr.
Rowse seconddd the motion, and it was so voted.
Mr. Raymond reported that he had investigated Peter
Canessa
Canessa►s complaint about the brook running in the rear
brook to
of his house. The brook had not been cleaned out for some
be
time, and cleaning it out would prevent stagnant water.
cleaned.
Mr. boss moved that the brook be cleaned out. Mr. Rowse
seconded the motion, and it was so voted.
Mr. Raymond' pre s elite d a . su.gge's ted' notice to be in-'
serted in the Minute -Man relative to the construction of
W.F.A.
sidewalks under the VI.P.A. Mr. Ross moved that the
sidewalks
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notl.ce be inserted in the paper for two weeks. Mr.
Rowse seconded the motion, and it was so voted.
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Letter was received from the Building Inspector red.-
Storing of-
ative to the storing of junk in the barn at 582 Mass.
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Junk,
Avenue. Mr. Longbottom said that Miss Jacobs informed
Jacobs
him that her barn had been used continually since 1922 for
barn.
storage purposes by various persons. She has, however, no
receipts or records to show that this is true. Mr. Long -
bottom said that he inspected the premises. in 1933 at the
request of the Selectmen, and he found that Hyman Weiss
was storing junk there, and still is. He said that if the
Board was satisfied that Miss Jacobs' statements were true,
the place could be classed as an existing use for storage,
since the Zoning By-laws were adopted in 1925. 'Mr.
Potter moved that no action be taken on the matter. Mr.
Rogs seconded the motion, and it was so voted.
Letter was received from the Town Accountant advising
that the Town Treasurer had received a remittance of
Money from
X16,700. from the Commonwealth of Massachusetts for High -
Highway
way Fund under the pro vi si ons of Chapter 500 of the Acts
Fund.
of 1938. This is the pro -rata distribution of the five
million dollar gasoline tax to which the Town of Lexington
is entitled. This is based on our State Tax rate of $3.34.
Mr. Russell set this sum up in a Separate Trust Account
under the heading Highway Fund. Mr. Ross moved that no
action be taken on the matter. Mr. Potter seconded the
motion, and it was so voted.
The Town Counsel appeared before the Board to discuss
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the matter. of Mr. Ross -1 bidding on the Vine Brook Drainage
project. The Chairman told him that the Board wanted his
opinion as to whether or not it would be legal or ethical
for Mr. Ross to bid. Mr. Wrightington said that he could
not participate in the awarding of the contract. The
Chairman asked if he meant by that Haat Mr. Ross should
resign before submitting a bid, and Mr. Wrightington
replied that he should resign before any arrangement was
made whereby Mr. Ross would be awarded the contract if he
was the low bidder. He said that he believed there had
Town Counsel
never been a case in Massachusetts where anybody had
re; Mr,
attacked a violation of a contract of this nature. The
Ross bidding
Chairman asked if there was anything in the Federal Reg -
Vine Brook
ulations relative to Town officials taking part in such a
Job.
contract, and Mr. Raymond answered in the affirmative.
Mr. Ross asked if he understood Mr. Wrightington to say
that he should resign before submitting a bid at all,
and Mr. Wrightington replied in the affirmative. He said
that Mr. Ross would be participating in the making of a
contract, and there might be some criticism; no final
action should be taken vi.ile he was still a member of the
Board. The Chairman asked if there was a doubt in Mr.
Wrightington's mind as to whether or not the contract would
be legal if it was awarded to Mr. Ross and he had not
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resigned before submitting his bid, and he replied in the
affirmative, saying that was true, as ,the Board might have
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to testify that it had decided before the bids were opened
' that if Mr. Ross was the low bidder he would be awarded
the contract. He said that he could not approve Mr.
Ross's submitting, a bid and resigning only if he were the
low bidder. Mr. Clark said he would like to have the
matter straightened out so that there would not be any
criticism on the part of the townspeople if Mr. Ross was
low. Mr. Ross said he thought there might be more crit-
icism if he resigned first. Mr. Rowse said that the Town
was interested in getting the job done as low as possible,
and there might be criticism that the Board did not get
satisfactory bids from outside contractors, because of
Mr. Ross's position on the Board, and being in the con-
tracting business. Mr. Ross said that he could not agree,
inasmuch as the Government was involved. Mr. Raymond said
that there was a clause in the specifications to the
effect that the bid would be awarded to that responsible
bidder whose bids totalled the lowest.
Chief Taylor of the Fire Department appeared before
the Board and stated that they were having trouble with
the installation of the underground cable on Mass. Ave.
`j'he Edison Company have gone up a pole with high. voltage, Undergrard
which the Fire Dept. had planned to use. The Edison Co* Cable.
were there firat, and the Fire Dept. cannot put its material
on the same pole. Chief Taylor said two things could be
' done; a standard cable box could be erected near this
pole and overhead connections with it could be made, or go
up the next pole. Chief Taylor said it would be fine if
the Board could get the Edison Co. to c4ange its con-
struction.. but he doubted if they would do it. He said
that the company had a perfect right do what it had done.
It was first suggested that Mr. Raymond contact the company
to see if it would change its construction, but after con-
siderable discussion, Mr. Ross moved that the Standard be
approved, and that the Appropriation Committee be requested
to transfer the sum of X130. from the Reserve Fund to pay
for it. Mr. Rowse seconded the motion, and it was so voted.
Letter was received from Lila L. O'Keefe, tenant.in
the Barnes property. She stated that they were unable to Barnes
vacate from the house at the present time, and would agree property
to thb town's occupying the lower floor of the wing, the
heat to be furnished at 01.00 per room each week, hot
water to be supplied vhen the kitchen range was operating;
electricity to be taken care of by a separate metes, and
room for one car to be reserved for Mr. O'Keefe.
Mr. Raymond said that he planned to use two rooms
now. Mr. Ross moved that the proposition be accepted,
subject to the approval of the use of the building for
offices by the Board of Appeals, Mr. Potter seconded the
' motion, and it was so voted.
Notice was received from the Emergency Finance Board
advising that the loan in the amount of X13,000, under
Chapter 58 of the Acts of 1938 had been approved. Mr.
U 1 •
Loan of Potter moved that
613,000. bids on the loan,
notes to be dated
the motion, and it
the Town Treasurer be authorized to take
bids to be opened on September 13th,
September 1, 1938. Mr. Rowse seconded
wax so voted.
Warrant. The. Warrant for the Primaries on Sept. 20th was signed.
Letter was received from the Town Accountant con-
taining statistics with reference to the increased amount
Statistics. of Maturing Debt which will be due in 1939 and the State
Tax deficiency for 1938 which must be raised in 1939. It
was decided to hold the matter over for one week, so that
the members could study the figures.
The Chairman informed the Board that Chester Banks,
Engineering who has agreed to purchase some lots on Fottler Avenue,
for had requested that the Town stake out the lots. It is
Chester Banks estimated that the workwill cost $20.00, and Banks has
agreed to pay one-half the cost. Mr. Potter moved that
the necessary engineering work be done. Mr. Ross seconded
the motion, and it was so voted.
Letter was received from the Town Accountant calling
Bond for the Board's attention to the fact that a bond had never
Health been required for the position of Health and Slaughter
Inspector. Inspector, even though that person collected fees. He
wondered if the Board wanted to require Mr. Lamont to
furnish a bond. Mr. Rowse moved that no action be. taken
on the matter. Mr. Ross seconded the motion, and it was
so voted.
Board of Plotice was received of a Board of Appeals hearing
Appeals on September 9th upon petition of the Town to maintain
hearing. offices at 1557 Mass. Ave.
Balance sheet of the Contributory Retirement 'System
Balance Sheetas of July 31, 1938, was received, also balance shett as
of August 31, 1338.
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Applications for positio" in the Town Office Building
Applications
were received from Phyllis Clare., June Sumner, and Evelyn
for
Rymal. There is a vacancy in the Accountant's office,
positions.
and he told these girls to apply to the Selectmen. Mr.
Potter moved that the selection of a clerk be left to
Mr. Russell. Mr. Ross seconded the motion, and it was so
voted.
The Chairman told the Board that Mr. Russell asked
him if the Board would allow Miss Moakley to be trans -
Miss Moakley
ferred to his department, it being understood that she
would receive an increase of X2.00. The Board discussed
the matter at some length. Mr. Ross moved that the
,Selectmen go on record as preferring that Miss Moakley
remain in the Selectmen's Office. Mr. Potter seconded
the motion, and it was so voted.
The Chairman informed the Board that Chester Banks,
Engineering who has agreed to purchase some lots on Fottler Avenue,
for had requested that the Town stake out the lots. It is
Chester Banks estimated that the workwill cost $20.00, and Banks has
agreed to pay one-half the cost. Mr. Potter moved that
the necessary engineering work be done. Mr. Ross seconded
the motion, and it was so voted.
Letter was received from the Town Accountant calling
Bond for the Board's attention to the fact that a bond had never
Health been required for the position of Health and Slaughter
Inspector. Inspector, even though that person collected fees. He
wondered if the Board wanted to require Mr. Lamont to
furnish a bond. Mr. Rowse moved that no action be. taken
on the matter. Mr. Ross seconded the motion, and it was
so voted.
Board of Plotice was received of a Board of Appeals hearing
Appeals on September 9th upon petition of the Town to maintain
hearing. offices at 1557 Mass. Ave.
Balance sheet of the Contributory Retirement 'System
Balance Sheetas of July 31, 1938, was received, also balance shett as
of August 31, 1338.
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Notice was received from the Emergency Finance Board
approving loan in the amount of $183,000. for the Vine
Brook Drainage project.
Letter was received from the National Emergency
Council advising that the money from the State Highway
Fund could be used as part of the Town's contribution
on P.W.A. Work.
Letter was received from the Appropriation Committee
requesting that the Selectmen use every means possible
to secure work on the Vine Brook Drainage project for
W.P.A. laborers and other qualified. Lexington citizens,
so that the W.P.A. expenditures would be decreased. The
Clerk was instructed to inform the Apprbpriation Committee
that the Selectmen would do all they could to accomplish
this end.
Ica
Loan for
Vine Brook
Highway
Fund.
W.P.A. men
on Vine
Brook.
Notice was received from the State Senate of hearings
to be held to find a solution to the problem of Sewage Sewer
Disposal in Metropolitan Boston, caused by pollution. hearings.
The Clerk was instructed to call the matter to Mr. Ray-
mond's attention.
Notice was received from the Secretary of State of a
request for a certificate of incorporation., under the name Gert. of
' of Educational Research Corporation. A eertificate of character
character of Truman L. Kelley of 90 Follen Road, was
requested. Mr. Ross moved that the certificate be signed.
Mr. Rowse seconded the motion, and it was so voted.
Petition was received from the N.E. Tel. & Tel. Co.
and the Boston Edison Co. for a joint pole location on Pole
Waltham Street, the third pole north of the Waltham- Location
Lexington line. Mr. Ross moved that the petition be
granted. Mr. Rowse seconded the motion, and it was so
voted.
Board of Appeals order denying the application of O'Keefe
Lila L. O'Keefe to maintain a sanatorium at 20 Lincoln St. Bd. of
was received. Appeals.
Letter was received from Mr. Garrity suggesting that Tax title
the Town retain Lots 1, 2, 3.9'9, 10, 119 12, and 13 land.
adjacent to the North Lexington Playground when they were
foreclosed.
The Chairman stated that the V.F. W. had requested Bicycle
the Selectmen sponsor a Bicycle Safety Drive which that Safety
body intended to conduct. Mr. Ross moved that the Select- Drive.
zAen: endorse the drive heartily. Mr. Rowse seconded the
motion and it was so voted.
Messrs. Mitchell and Morse appeared before the Board
to discuss welfare matters. Welfare.
500
Commitment of Water Liens in the amount of $265.65
Commitment. was signed by the Board.
The meeting adjourned at 11:50 P.M.
A true record, Attest:
. /0��
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Clerk.
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