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HomeMy WebLinkAbout1938-10-04 547 SELECTMEN'S MEETING OCT. 4th, 1938 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, at 7:30 P.M. Chairman Giroux, Messrs. Potter, Ross, Clark and Rowse were present . The Clerk was also present. Messrs. Mitchell and Morse appeared before the Board relative to Welfare matters. Welfare Mrs. Mary Boyd and Miss Florence Boyd of 7 Hancock Ave. appeared before the Board. Mrs . Boyd said that a large tree in front of her house was blown down during the recent wind storm and fell on her house knocking over the chimney and damaging the house . The roots of the tree were in the sidewalk and tore it out. Mrs. Boyd said she would like to Boyd tree have the town remove the tree. The Chairman said there was a difference of opinion as to whether the tree was on public or private property. He asked Mr. Raymond his opinion on the matter. Mr. Raymond said that if the sidewalk was not 'way out within the line of the street, there was no question in his mind but that the tree was on private property. Mr. Ross asked if the town would remove the tree if any part of the trunk was on town property, and Mr. Raymond replied that if the greater part of it was on town property, the town should remove it. Mr. Potter suggested that the engineers establish the lines. Miss Boyd said that there was no man in the house and that they did not have much money. The Chairman said that if a large part of the tree was on town property, the Town would no doubt remove it. They retired. Mr. Clark moved that the engineers stake out the lines of the street and that the Supt. of Public Works determine whether or not the tree was on town property and if so, that he be authorized to remove the tree. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond reported that there would be practically no effect on the sewer assessment rate if the delay on the start of the construction of the North Lexington Sewer was only a matter of a few months so that a substantial portion of the work could be completed in 1939. If it is not in- North eluded in the 1939 work, the town will lost about $1.50 a Lexington foot on all sewers built in 1940 and a few years thereafter. Sewer. The Chairman asked Mr. Raymond if he talked with New York on the matter of postponing the start of the work. He said that he did, but no one there would give an opinion that was worth anything. If he could work up a strong case as to why the work should not be started, the authorities might listen to him. He did not believe that they would pay much attention to a 25 or 30 cent increase in the tax rate. However, he said that there was no harm in submitting the petition. He remarked that they were going ahead with the 548 engineering design and surveys and said that the engineer- ingam contract should be signed. This will involve about $5000. which is part of the loan. Probably about $1000. worth of work has been put in already. The Chairman stated that the Town Accountant, Mr. Russell, talked with Mr. Waddell ' s office and they agreed that under the Statute the Town could make a temporary borrowing of one year in anticipation of a bond issue and the year later get out the bond issue . Mr. Waddell 's office takes the attitude that it hopes the town will not do that as they feel that it is directly contrary to the vote of the Town Meeting. If a temporary borrowing is made, the bond issue then must be paid off in fourteen years because the town voted the issue for a period of fifteen years . They said that because of their experience with the Federal government they doubted if an extension in the starting time would be granted because of an increase in the tax rate . Mr. Clark said that he was interested in delaying the bond issue until after the turn of the year. The Chairman read a letter from Mr. Wrightington re- garding the matter. He said there was nothing in the vote of the Town Meeting which fixed any time limit for the construction of the sewer. If delay in construction would not imperil the obtaining of a P.W.A. grant, he saw no reason why the actual work of construction under that vote might not be delayed since the town' s part of the expense was to be wholly made by a bond issue. He said the first step was to find out whether the P.W.A. grant would be available if starting of the work was postponed. In a ddition, he thought it wise to ascertain from Mr. Waddell whether or not the Emergency Finance Board would approve of post- poning the bonds until after January 1 , 1939. Unless the town had some assurance that the Federal grant would still be available, Mr. Wrightington thought the town could not safely wait until Jan. 1st to start the work because such delay would then involve abandonment of the entire project without further action bi the Town. Mr. Clark moved that the following resolution be adopted: RESOLVED: That Mr. John W. Raymond, Jr. be authorized to request the Federal Emergency Administration of Public Works to grant the Town of Lexington an extension of fourteen weeks in the starting and finishing time of the North Lexington Sewer Project, Docket No. Mass. 1464-F, and that Mr. Raymond be authorized to furnish the Federal authorities with the reasons for this request. Mr. Rowse seconded the motion, and it was so voted. Mr. Raymond reported that fire insurance policy under blanket schedule in the amount of $10,000. expired on Sept. Insurance' 20th through the office of J. O. Richards. The Board dis- cussed various agents with whom the insurance could be placed inasmuch as Mr. Richards is no longer a licensed broker. Mr. Ross moved that the policy be renewed for a period of five years through the firm of Cyrus Brewer, the Lexington agent being Samuel L. Fardy of Pine Knoll Road. Mr. Clark sedonded the motion and it was so voted. 549 The Board then discussed the bond to be issued on the Vine Brook project. The Chairman stated that he had' Vine Brook talked with Mr. E. C. Stone who said that the Employer's Bond Liability Assurance Corp. Ltd. would allow 30% when ordinarily only 10% is allowed when the bond is split up between two companies. Mr. Ross moved that the commission on the bond be placed through the firm of Elmer A. Lord & Co. and that Mr. Hill divide the commission as he saw fit. The motion was not seconded. Mr. Rowse moved that the commission on the bond be divided between Tracey Ames , Hubert Broderic and Willard C. Hill. Mr. Potter seconded the motion and it was so voted. Mr. Ross voted in opposition. The matter of the Engineering Contract for North Lexington Sewer was di sous sed. Mr. Rowse asked Mr. Raymond if Metcalf & Eddy would let up on their work if an exten- sion of time was granted and Mr. Raymond said that they Engineering probably would. Mr. Rowse asked Mr. Raymond to get a Contract letter from the firm to that effect or to the effect that the town would not have to pay extra money to them because of the delay. Mr. Ross moved that the contract be approved and signed. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that he had received a letter from the W.P.A. authorities advising that they would not authorize payment for men on storm work who were not certified and regular Y.P.A. workers. Storm The Chairman asked what the estimate of the total Emergency expenditure was and Mr. Raymond said that it was 025,000. including sidewalk and shoulder repairs, but not including repairs to trees. Mr. Ray and said that the schools had some damage and he wanted to know if the bills for repairing it were to be paid out of the Storm Emergency fund. The Board felt the School Department should pay its own bills. Mr. Rowse suggested that before the Town started in hiring more outside equipment, that the matter be discussed with the Board. Mr. Raymond read a schedule of work that the men were doing today in clearing up after the storm. Mr. Rowse said it was all right to continue the work but he would like to see the regular Water and Highway Department men taken off storm work so that they would be paid out of funds provided for their departments. Mr. Raymond said that ex- cept for sidewalk patching, he agreed with him. Mr. Raymond presented a W.P.A. project written up for the sawing and separating of wood and its distribution to Wood needy families, the piles to be at the Public Works Build- Project, ing, the Center playground and the dump on Pleasant Street. W.P.A. This project called for 07950. af Federal funds as compared with $1003. of Town funds . Mr. Rowse moved that the project be submitted. Mr. Clark seconded the motion and it was so voted. Letter was received from Mr. Garrity stating that there would be approximately 600 cords of wood available in the 550 30 three places. He said that if the wood was not watched he was afraid that anyone who wanted a load would haul it away. He suggested that the Chief of Police be notified and if anyone took wood from the dumps without permission, he should be prosecuted. He attached a notice which he suggested be inserted in the paper. Mr. Rowse moved that the Chief be notified of the contents of Mr. Garrity' s letter and that notices as suggested by Mr. Garrity be posted at the dumps. Mr. Clark seconded the motion and it was so voted. Mr. Raymond reported that it stated on the project proposal that the rates of pay for this project would be the same as those prevailing in the community. Mr. Rowse said that some time ago, Mr. Raymond presented Tree a tree trimming project. He wondered if there might be a Repair tree repair project. Mr. Raymond stated that they were project. trying to revise the tree trimming project into a tree repair project. Mr. Raymond submitted a project for the construction of a drain from Marrett Road to the Cambridge Water Basin. Drainage This will require 628,964. of Federal funds to 68,322. of Town project. funds. This will provide an open channel from Marrett Road in the valley about one mile northwest of School and Lincoln Streets down towards the arm of the Cambridge Water Basin. Mr. Ross moved that the project be submitted. However, Messrs. Clark and Rowse wished to hold the matter over for one week so they could look into it further. A statement signed by thirteen persons representing Sidewalk, twelve property owners on Prospect Hill Road protesting Prospect against the construction of a sidewalk in that street was Hill Rd. received. Mr. Clark moved that in view of the statement received, that the sidewalk be eliminated from the W.P.A. sidewalk project. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond reported that the State had made up an estimate providing for 18" pipe between the right of way opposite Vaille Avenue and the outlet culvert on the Public Works Building grounds. Menthe Reed Street drain was put in in 1937, in order to accomplish as much as possible with Drainage the funds that might be approved, the drain was put in with the idea that a line would be put in to the drain at Bedford Street to take some of the load from the Reed Street drain. That plan can be carried out if 24 inch pipe is used for a distance of 310 feet in Bedford Street instead of 18 inch pipe that the State has agreed to put in. Mr. Raymond said that he spoke to Mr. Sabin about this and said that the extra cost probably could be taken out of the Chapter 90 allotment. Mr. Raymond requested that the Board approve the installation of the larger pipe and instruct him to try to get the approval of the State for it. Mr. Clark moved that Mr. Raymond' s request be granted. Mr. Potter seconded the motion and it was so voted. The extra cost will be about X500.00. 551 Mr. Raymond said that application had been received for a water service to the new Post Office. Mr. Joseph Ross wanted to know what the Board was going to do about the quarterly minimum charge in advance inasmuch as there will Water - be no funds to pay advance charges for rates, and also what Post rate they were to be charged. Mr. Clark moved that the Office U.S. Post Office pay the regular rates and that no minimum in advance be charged. Mr. Rowse seconded the motion and it was so voted. Mr. Potter moved that Mr. Raymond sign the contract for water. Mr. Rowse seconded the motion and it was so voted. Mr. Ross brought up the matter of removing the Shrubbery shrubbery at the corner of Grant Street in front of the at` Post Post Office. Mr. Ross moved that Mr. Raymond be authorized Office. to see that the shrubbery was ranoved. Mr. Rowse setwaded the motion and it was so voted. t d. Upon motion of Mr. Ross, seconddd by Mr. Rowse, it was voted that the following sewer order be signed: COMMONWEALTH OF MASSACHUSETTS Middlesex, ss . Town of Lexington WHEREAS, the Town of Lexington at a Town Meeting duly called and held on March 21, 1938 and adjourned to March 28, 1938, duly adopted under Article 20 of the Warrant the following vote: "Voted: That the Selectmen be authorized to install sewer mains in such accepted or unaccepted streets as may be applied for during the year 1938 in accordance with St. 1897, Ch. 504, as amended, or otherwise, and to take by eminent domain the necessary easements therefor, and for the purpose of said installation the sum of $1,000. be appropriated and transferred from the Sewer Assessment Fund", and at a meeting of the Board of Selectmen held on September 27, 1938, it was voted to authorize the extension of the sewer in Massachusetts Avenue from the present end about 80 feet east of Station Street for a distance of about 300 feet in an easterly direction, under the provisions of General Laws, Chapter 80, Mass. Ave. Voted: By the Selectmen, acting as a Board of Water Sewer and Sewer Commissioners under the authority conferred by Order Statute 1897, Chapter 504 and acts in amendment thereof and in addition thereto, and of votes of the Tom of Lex- ington pursuant thereto , that a sewer be constructed in MassachusettsAvenue from the present end about 80 feet east of Station Street for a distance of about 300 feet in an easterly direction, substantially in accordance with plan made by John T. Cosgrove, Town Engineer, dated September 30, 1938 and entitled " Plan of Proposed Sewer in Mass. Ave. , Lexington, Mass. , Scale 1 in. - 40 ft. , Sept. 30, 1938, John T. Cosgrove, Town Engineer". 552 ze Betterments will be assessed for this improvement in accordance with the provisions of Chapter 221 of the Acts of 1926. The area which it is expected will receive benefit or advantage other than the general advantage to the community from such improvement is described as follows: That portion of those properties on the southerly side of Massachusetts Avenue, from a point about 80 feet east of Station Street for a distance of approximately 300 feet, in an easterly direction. The said area comprises the several lots shown upon the plan hereinbefore referred to which are designated in the schedule hereto annexed and made a part hereof. We estimate the betterments that will be assessed upon each parcel of land to be as shown in the schedule which is hereto annexed and made a part hereof. Witness our hands at Lexington aforesaid this fourth day of October 1938. ARCHIBALD R. GIROUX SELECTMEN A. EDWARD ROWSE PHILIP M. CLARK OF WILLIAM G. POTTER ALBERT A. J WSE LEXINGTON COMMONWEALTH OF MASSACHUWETTS Middlesex, ss. Lexington, Mass. October 4, 1938. Then personally appeared the above named Archibald R. Giroux, William G. Potter, Albert A. Ross , Philip M. Clark and A. Edward Rowse, and severally acknowledged the fore- going instrument and statement by them subscribed to be their free act and deed and the free act and deed of the Board of Water and Sewer Commissioners of the Town of Lexington, before me, Wm. S. Scamma n Notary Public (My camndssion expires April 18, 1941) SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE F0 EG GING ORDER MASSACHUSETTS AVENUE II (From present end about 80 feet east of Station Street for a distance of about 300 feet in an easterly direction) 553 Owner as of Jan. 1, 1938 SquLre feet Approximate Assessment Lot 6 Ragnhild S. Garfield 5750 1435.00 7 Harold H. & Martha L. Hookway -5750 235.00 " 8 Edith M. White 5750 235.00 " 9 James C. McArdle & Thomas P. Killion 5649 230.00 " 10 James C. McArdle & Thomas P. Killion 4943 205 .00 The Chairman said that it had been reported to him that the glass in the bulletin board in front of the Adams School was broken during the storm. This is the bulletin Bulletin board in which the list of voters is placed. Mr. Potter Board. moved that the matter be left to Mr. Raymond for his attention. Mr. Rowse seconded the motion and it was so voted. Letter was received from W. R. Greeley to which was attached copies of the proposed subdivision regulations as Subdivision approved by the Chairman of the Massachusetts State Plan- Regulations ning Board. The Clerk was instructed to ask the Town Counsel for his recommendations on them. IILetter was received from the Town Counsel relative to the Yodwish case. He recommended that a vote be adopted Yodwish relative to the enforced hospitalization of the woman. case. Upon motion of Mr. Ross seconded by Mr. Potter, it was voted to adopt the following order: WHEREAS the Board of Selectmen, acting as a Board of Health, has received the opinion of Dr. Lowrey F. Davenport, M.D. , Assistant Superintendent of the Middlesex County Sanatorium, as the result of a recent medical examination, that Mrs. Mary Yadwish ( sometimes called "Yodwish") , now living at 32 Mass. Ave. , Lexington, but who has no legal settlement is infected with tuberculosis and that her condition is dangerous to the Public health and the board has caused an investigation to be made and is of the opinion that the patient cannot properly be isolated and that it is the duty of the Board in accordance with G. L. Ch. 111, sec. 95 to provide immediately for her removal to a hospital for the care of tuberculosis patients , it is therefor unanimously VOTED: That the Health Agent of the Town be and she hereby is directed to apply to the District Court of Central Middlesex for a warrant for the removal of Mrs. Mary Yadwish (sometimes called "Yodwish") to a hospital. FURTHER VOTED: That pursuant to such warrant she be removed to the Tewksbury Infirmary at Tewksbury, Massachusetts as soon as it is prepared to receive her . Archibald R. Giroux Albert A. Ross William G. Potter A. Edward Rowse Philig M. Clark SELECTMEN, OF LEXINGTON. 554 con ze Invitation was received from the American Legion Aux- Invitation. iliary inviting the Board to attend the installation of officers to be held on Monday, October 10th. Mr. Ross moved that the invitation be accepted with thanks. Mr. Potter seconded the motion and it was so voted. The Clerk reported that there was $1500. available in the Appropriation for Ryder Case, Personal Services and Ryder Expenses, and $204.77 in the Ryder Case, Expenses Account. cases. Mr. Rowse moved that the bill in the amount of $120. for printing the briefs be approved. Mr. Ross seconded the motion and it was so voted. The Clerk was instructed to request Mr. Wrightington to submit a statement to date on his services in the Ryder cases. Letter was received from the Town Counsel stating that Dr. Walsh had recommended that the town employ a bone t Cheney specialist in the case of Cheney vs. Lexington. He case. recommended Dr. Benjamin A. Godvin who will charge $25. for the examination and $50. a day if he testifies in Court. The Chairman had already appro ved this. Mr. Clark moved that the Chairman's action in the matter be confirmed. Mr. Potter seconded the motion and it was so voted. I Letter was received from the Lexington Field and Garden Club requesting the use of Estabrook Hall in the evening at Use of 7 :30 on the following dates : October 31, December 5, 1938, Hall. February 27, March 28, April 25 and May 23, 1939. Mr. Clark moved that the use of the hall be granted on those evenings free of charge. Mr. Rowse seconded the motion and it was so voted. Letter was received from John Valentine requesting that Insurance he be given an opportunity to place some of the Town insurance. Commitment of water rates in the amount of $5811.98 Commitments.and commitment of water liens in the amount of $1625. were signed by the Board. Letter was received from the Lions Club requesting that they be given permission to run movies on Sunday, Dee. 4th Request for in the afternoon and evening for the purpose of raising funds Sunday to carry on the work of sight conservation. The Board felt movies that if this permit were granted, it would be establishing a precedent and various other organizations might want the same privilege. Therefor, upon motion of Mr. Rowse, seconded by Mr. Clark, it was voted to deny the request . Room for The Chairman stated that the American Legion met in an Legion upstairs room in Cary Hall but in the winter there was no heat there. They requested that they be allowed to use 555 the Red Cross room in the winter. Mr. Potter moved that the request be granted. Mr. Ross seconded the motion, and it ' was so voted. The meeting adjourned at 10 :10 P.M. A true record, Attest : Clerk. 1 1