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HomeMy WebLinkAbout1938-09-06SELE CT14EN I S MEETING I 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 ' it was so voted. ' 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. J in ■ 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 ' 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 ' notl.ce be inserted in the paper for two weeks. Mr. Rowse seconded the motion, and it was so voted. '496 Letter was received from the Building Inspector red.- Storing of- ative to the storing of junk in the barn at 582 Mass. ' 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 ' 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 ' resigned before submitting his bid, and he replied in the affirmative, saying that was true, as ,the Board might have 9 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. 1 1 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. 1 1 C 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�� ----------- Clerk. 1