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HomeMy WebLinkAbout1938-10-18D ME SELECTBIEN t S MEETING. Oct. 183, 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, Rowse and Clark were present. The Clerk was also present. At 7:30 P.M. hearing was declared open on the appli- cation of the New England Tel. & Tel. Co. and the Boston Edison Co. for the joint location of three poles on the Cambridge -Concord Highway, southerly side, from Blossom Street easterly, and five poles from Blossom Street westerly. A Mr. Campbell, representing the Telephone Company, a Mr. Mayon representing the Boston Edison Co. and Mr. Roy Peterson were present at the hearing. Mr. Campbell said that his company was 3n hopes that this petition and the one presented two weeks ago would be granted, so that Mr. Theodore R. Sweet, who was building a house on the Turnpike, could be serviced. Mr. Potter said that there were wires crossing the highway at Blossom Street and at Waltham Street. There is a line of poles from Pleasant Street up and from Blossom Street down. The Chairman said that the Selectmen would like to have the Pole wires on the turnpike set underground. Mr. Mayon said that location he believed the Edison Company would feel that the cost of hearing, installing underground wires on the turnpike to serve only two customers would be prohibitivep but of course he could not say what might develop in the future. Mr. Peterson said that he had talked with Mr. Gracey, who has also built a house on the turnpike. It was to serve Mr. Gracey that the petition of two weeks ago was presented. Mr. Peterson said that Gracey told him that he had made no application for power and was not interested in it. Mr. Mayon said that there must have been something requested on it as they would not have gone ahead with the engineering if some re- quest had not been received. Mr. Rowse asked what would prevent them from coming in from Blossom Street and giving this service. Campbell said that it could be done but the present plan was to provide for future development. Mr. Mayon said that they could put wires across the highway with the thought bf setting three poles on the northerly side, but he understood that the Board was not favorable toward locating poles on the northerly side. The Chairman said that the Board was not in favor of locating poles on either side. The hearing was declared closed at 7:50 P.M. and the group retired. Mr. Clark moved that no action be taken on the matter. Mr. Rowse seconded the motion and it was so voted. ' Mr. Raymond appeared before the Board. He said that there were three fire insurance policies expiring on Nov. 6th, C. H. Schofield & Co., $10,000.00; C. H. Schofield & Insurance 570 Co., $15,675.00; Elmer A. Lord & Co., $35,000.00. Mr. Potter moved that the policies be renewed for a five year , term through the same offices. Mr. Clark seconded the motion and it was so voted. Mr. Raymond presented W.P.A. project for copying town W.P.A. records. The Chairman asked what town records these re- record ferred to. Mr. Raymond said that he believed they were the project. records in the Town Clerk's office. It was decided to request the Town Clerk to come in next week to explain the project. Mr. Raymond requested authority to hire a_trenching machine for use either on the W.P.A. Hardyts Pond Brook project or on Chapter 90 drainage work on Bedford Street, depending upon which machine is best adapted to_the work. Mr. Raymond felt that it would be necessary to have both of these projects going at the same time and said that if the machine was not put to work on the brook project, the Federal funds would be used up without making substantial rogress. He received various prices ranging from 040. to 50. per day for hiring a machine. He asked authority to rent one of them, depending on which one -he thought could do the best job, and would like the machine for about two weeks. Mr. Ross asked where the town machine was now, and Mr. Raymond said it was in the yard. Mr. Ross asked if the work could not be laid out so that that machine could work on both jobs, and Mr. Raymond replied that the work had been laid out that way but that the hurricane and Mr. Raymond said that in connection with the football and baseball fields supplementary project f or the center W.P'.A. playground, he had received a letter asking if the town playground would furnish skilled labor from town funds if they were project. not available from W.P.A. rolls. There was considerable discussion as to whether or not the letter should be signed, and Mr. Raymond said he thought it would be wise to have every project possible approved. Mr. Potter moved that such a letter be written to the W.P.A. authorities and that the Chairman sign the letter. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond said that the sidewalks on Mass. Ave. and Charles Streets were nearly completed and they were now ' working on Lincoln Street. He suggested that they now proceed with Pleasant, Oak, Chase, Baker and Carville Ave. Sidewalks. Mr. Potter moved that the work on the streets be approved. Mr. Rowse seconded the motion and it was so voted. The Chairman suggested that a gravel sidewalk be con- structed in Independence Ave. and said that the Board had received many requests for this from people living up above on the hill. Mr. Potter moved that the sidewalk on Independence Avenue be approved. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond requested authority to hire a_trenching machine for use either on the W.P.A. Hardyts Pond Brook project or on Chapter 90 drainage work on Bedford Street, depending upon which machine is best adapted to_the work. Mr. Raymond felt that it would be necessary to have both of these projects going at the same time and said that if the machine was not put to work on the brook project, the Federal funds would be used up without making substantial rogress. He received various prices ranging from 040. to 50. per day for hiring a machine. He asked authority to rent one of them, depending on which one -he thought could do the best job, and would like the machine for about two weeks. Mr. Ross asked where the town machine was now, and Mr. Raymond said it was in the yard. Mr. Ross asked if the work could not be laid out so that that machine could work on both jobs, and Mr. Raymond replied that the work had been laid out that way but that the hurricane and 571 extra work had affected things so that the schedule was thrown off. The W.P.A. men are caught up on the work and the trenching machine is needed. Mr. Clark asked if the ' project would merely be delayed, or if it would be more expensive if the machine was not hired. Mr. Raymond said Request that there were not funds enough to do the project by hand. for He said that there were 60 to 60 men assigned to that trenching project and that they could not do anything to advantage machine. unless the machine was put to work. He said the shovel should have been working on that project steadily, but they had to take it off to unload stumps, etc. Mr. Ross suggested that the town machine be put to work on the brook job for one week and on Bedford Street for one week and then put back on the brook job. Mr. Raymond said that he would prefer to have permission to hire a machine for at least a week. Mr. Ross then moved that the rental of an outside shovel fora period not exceeding one week at a rental charge not over $50.00 a day, be approved. Mr. Potter seconded the motion and it was so voted. Mr. Ross asked how long the town shovel was idle at the Barn, and Mr. Raymond slid it had been up there for four days. Mr. Clark asked why the town shovel was idle for four days and Mr. Raymond said there were repairs needed for one thing and he did not know the exact other detail. He said, however, that he would submit a report on it next week. Mr. Raymond asked if the Board wanted to make a recommendation as to whom should be engaged as the testing Testing engineers on the Vine Brook Project. Metcalf & Eddy Engineers suggested Skinner and Sherman and Mr. Raymond recommended Vine Brook them. Mr. Rowse moved that they be engaged. Mr. Ross seconded the motion and it was so voted. Letter was received from the Town Counsel in reply to Mr. Raymond's inquiry as to the authority of the Board to use an available portion of funds provided for the Vine Brook drainage project in the construction of a part of Lowell Street. He said the vote of the Town Meeting of August 8th authorizing the Vine Brook project, authorized the _ construction of the dam in question and contained near the end of the vote, a broad general clause covering work Lowell necessary and convenient in connection with the work Street specifically authorized. He said that in his opinion, Relocation this clause gave the Board sufficient authority to expend part of the funds appropriated and funds received from the P.W.A. in the reconstruction of the relocated Lowell Street as part of the construction of the new dam. Mr. Rowse then moved that the Board sign the petition to ,the County Commissioners for the relocation of Lowell Street and that Mr. Raymond be authorized to seoure the signatures of five Burlington residents to the petition. ' Mr. Potter seconded the motion and it was so voted. 572 Mr. Raymond reported that the engineer on the Post Office came in and said that he did not have anything to Shrubbery say about the removal of shrubbery at the corner of Grant at Post Street and Mass. Avenue because the shrubbery was on town Office. property. Mr. Raymond recommended that the Highway Dept. remove the shrubs. Mr. Ross moved that the cost be charged to Traffic Regulation and Cgntrol. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond reported that somebody had been dumping Dumping at material at the Town Farm and he recommended that the Select - Town Farm men order some signs prohibiting dumping there. Mr. Ross moved that the signs be ordered and charged to Unclassified Account. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond read a letter to him from Mr. Garrity rel- ative to hanging limbs. There are a great many of these Hanging and Mr. Garrity feels that they are dangerous and should Limbs. be removed. There are not enough funds in the Shade Tree appropriation to take care of the cost and they felt that about $500. more would be needed. Mr. Raymond asked what the Board wished to do on the matter. It was decided to take no action until the matter of store clearance was dis- cusedd again. 1�1r. Theodore R. Sweet appeared before the Board rel- ative to the pole loZation hearing which was held at Turnpike 7:30. He said that he had an all electric home and had Pole to have service before he could move into it. After dis= location. cussing the matter with Mr. Sweet, Mr. Rowse moved that the companies be informed that the maximum the Board would approve would be one pole on the northerly side of the Turnpike so that the Sweet property could be served. Mr. Potter seconded the motion and it was so voted. The Chairman said that Mr. Clark had reported that the Welcome "Welcome to Lexington" sign at the corner of Mass. Avenue sign. and Marrett Road was knocked down. Mr. Rowse moved that the sign be fixed and the expense charged to Storm Emergency. Mr. Potter seconded the motion and it was so voted. Raymond's Mr. Raymond reported that he would not be here after absence. eleven A.M. on October 26th and until October 31st. Letter was received from F. E. Litchfield of 468 Marrett Road complaining of the brook running through his lot and statin; that the brook was a health menace. Mr. Litchfield requested that the health menace be abated. Complaint re Letter was received from Howard W. Newell, M. D., Brook. stating that he had talked with Mrs. Litchfield, who said that someone in the family was ill nearly all the time and that she believed that this was due to the stagnant water in the brook. Dr. Newell said that he inspected the brook and found that the water was stagnant but could not say 1 L 1 v}hether or not it was polluted with sewage. He said that as far as he could see there was no way of telling whether the family's illnesses were the result of the stagnant water. He said that it was difficult to see how they could be infected without drinking the water, but the children played in the yard near the brook and there was always the possibility of flies and insects carrying infection. He said that if the brook was contaminated vd.th sewage, he thought it was a health menace and should be cleared up. Mr. Raymond said that they had had several complaints in the last two years on this brook and there undoubtedly is sewage in it. The Chairman asked what could be done to abate it, and he said that when the Vine Brook sewer job was completed, a sewer could be laid up to this section and this would undoubtedly mean the construction of a pumping station which would involve an expense of probably $75,000. There are quite a number of cesspools in the vicinity that overflow during the year and no doubt some of the sewage goes into the brook. Mr. Rowse moved that the Health Inspector be requested to make an investigation of the brook, determine the source of pollution and report to the Board specifying the places that are causing the pollution. Mr. Potter seconded the motion and it was so voted. Mr. Russell appeared before the Board. The Chairman said that he understood that Mr. Russell, ' acting under instructions from the State House, would not approve any more payrolls charged to Storm Emergency, unless the full Board of Selectmen and the Appropriation Committee would sign them and agree to have a Town Meeting as soon as possible to raise money to pay for the bills. Mr. Russell said that in 1936 he took up with the State House, a situation where an emergency was proposed to be declared. He was told that Section 31 of Chapter 44, while giving authority to -incur a liability in an emergency, did not approve payment of the liability, and the emergency did not last after sufficient time to call a Town Meeting had alapsed. The authorities said they believed an emergency should cover only a reasonable time and that a Town Meeting should be called at the earliest possible moment to make provision for funds. He said the situation mw was that there were no available funds because of the condition of the E. & D. account. He said that in the past year, a suit has been brought against the Town Accountant and Treasurer in Braintree because of their permitting payment of bills on an emergency vote. He said it was held by the Division of Accounts that this emergency could not exist any longer than was required to call a special Town Meeting to provide funds. Mr. Clark asked when they considered the emergency was over. Mr. Russell said he did not believe they would rule on that question. Mr. Clark asked what the town had from the Division of Accounts in writing on this. The Chairman said that all the discussion was verbal and Mr. Clark said he thought that that was very poor business. The Town Accountant re emergency 574 Chairman said that the Division points out that other towns around have already held their town meetings. Mr. Russell said that he took the matter up with Mr. , Waddell's Office the day after the storm. They said that they always talked about not spending money not already appropriated but this was a situation at which they had to look differently. Their advice was to go ahead and do what was necessary and they would try to find a way to handle the matter. After the town had expended $12,,000. Mr. Russell talked with the Division of Accounts and asked how to dis- pose of this overdraft, and they said that if the Town did not have any free cash, they would advise a one year loan. There is no doubt but what the Legislative authorities are going to recommend a special act permitting the funding of this expense over ten years. They recommended holding the Town Meeting and borrowing for one year and state that un- doubtedly the Legislature will help the towns out by allow- ing funding over a period of years. .Mr. Russell said that If the Town Meeting was called, he thought it probably would be all right to continue payments of bills within a reason- able limit. lir. Clark said that if we were going to have a Town Meeting a month or so later, he wondered why this could not go until then. Mr. Russell said that Mr. Waddell had to certify our notes and Sec. 24, Chapter 44 states that the Director shall not certify notes payable on demand or any note, unless the laws relating to municipal indebtedness had been complied with. Waddell states that in view of the emergency existing, he will certify these notes even though ' it is to reimburse the Treasurer (for a limited time). He feels justified in certifying the notes if the town will call a t6wn meeting as soon as•conveniently possible. Mr. Russellsaid he thought the Town Meeting should be called at once. Mr. Clark said that the Appropriation Committee complained in August because they did not have time enough to consider articles before the Town Meeting. Mr. Russell said that they could not complain' very much on this because the money has already been spent. Mr. Clark said that there were other articles to go in this warrant. Mr. Russell said that he thought the Board should decide on a date for the meeting and said further that he and the Town Treasurer were liable for the funds expended. Mr. Clark asked what the Division of Accounts could do if the Town did not hold the meeting within three weeks. Mr. Russell said that Mr. Waddell could refuse to certify the notes. After considerable discussion, Mr. Ross moved that the Town meeting be held on November 10th, 1938. Mr. Clark seconded Meeting the motion and it was so voted. Mr. Clark asked what the condition of the Reserve Fund Reserve was. Mr. Russell said that there was a balance of $5700. Fund and the Appropriation Committee felt that that should be reserved for charities. ' The Chairman said that we could not go ahead on the advance grant for the North Lexington Sewer project because 575 if the bonds were dated Feb. 1st, we would not have made a borrowing approved by the State and it is necessary to show ' the government that the town has made the borrowing and that the Emergency Finance Board has approved it. This Board could not approve.the notes until Jan. 27 or 28 if they were dated Feb. 1st. The Board could not pass on the validity of any note the town'might issue on any.date prior to three days before the date on the notes. Mr. Clark said North that it was possible to borrow short term notes in antici- Lexington pation of the longer borrowing. Mr..Russell said that Sewer probably would be all right but he feared the town would Project. have to pay a higher rate of interest on the notes if they were issued next year. Mr. Clark said that that plan would eliminate retiring bonds next year. The Chairman asked if the short term borrowing covered the Federal angle. Mr. Raymond said it did not cover what the government asked for in its letter. They asked for evidence that the Town Meeting authorized loans to be dated after December 31st. The Town Counsel has given the oral opinion that the Town Meeting vote does authorize that but cautions that we should proceed very carefully and get the approval of Waddellts office. The Chairman said that after talking with Waddellts office, he was convinced that they would prefer going ahead on the basis originally planned or that the town might be letting itself in for a lot of trouble. Mr. Russell said they would much prefer going ahead with the borrowing now as they are afraid of trouble with the Federal government. ' Mr. Rowse said lie supposed that after the second contract was made on Vine Brook and if we had borrowed in excess of the requirement, that the money would be used to retire bonds for the same project. He asked if the job would be in such shape that that money would be available to retire bonds in 1939. Mr. Raymond said he did not think it would. The land damages probably would not be settled then and the final Federal grant would not have been received. The Chairman asked Mr. Russell what he would recommend on the North Lexington Sewer and he said he did not want to recommend inasmuch as Mr. Waddell would not recommend. He said he knew the Division of Accounts would like to see the town go ahead with the usual procedure. The Chairman said that after talking with the State House, he would recommend going ahead with the project. Mr. Clark said he could -see two things - either there was going to be a very high tax rate next year or the departments would have to be crippled. He asked the Board what it would think of inserting an article in the warrant for the next town meeting asking the town, in view of the hurricane, etc., if it wished to delay the North Lexington Sewer project until next year. Mr. Potter said he thought that was taking too much of a chance of losing the grant. The Chairman said that the hurricane expense was the only thing that the town was faced with that he could see would make the tax rate go up rad- ically next year. Mr. Potter moved that the Board proceed in the regular manner in the matter of the North Lexington sewer. Mr. 576 Ross seconded the motion. Messrs. Clark and Rowse voted in opposition. Mr. Giroux voted in favor, and stated that after consulting with Mr. Dine of the Division of Accounts. ' and Mr. Russell, the Town Accountant, he thought the town should go ahead with the project. The motion was therefor carried. Mr. Ross moved that the vote of last week authorizing the Town Treasurer to ask for bids on notes to be dated February lst be rescinded. Mr. Potter seconded the motion Loan. and it was so voted. Mr. Potter then moved that bids be received on Tuesday, October 25th, on a loan in the amount of ,%;90,000. for the North Lexington Sewer project, the notes to be dated Nov. lst and payable in fifteen years, the Board to reserve the right to reject any or all bids. Mr. Ross seconded the motion and it was so voted. The Board discussed the E. & D. account and Mr. Russell said that at the present time, ,140,000. would be E.& D. needed before there would be any free cash. Mr. Rowse account. asked if Mr. Russell thought the E. & D. account was going to exceed in 1939 what it was in 1938, and Mussell said it did not look as though it would be higher previous years. The Board discussed the expenses for Storm Emergency. Mr. Russell asked what the Boardts attitude would be to- ward cemeteries. Fie said that there were stones down at Storm the Munroe Cemetery.which were tipped over by falling ' Emergency trees and Mr. Marshall thought the monuments should be set back and cleaned. The Board felt that this should be done. It was decided to discuss the items for storm emergency next week and the Chairman requested Mr. Russell to submit a report on all outstanding bills. Letter was received from the Commander of the local Pay for unit of the Pdational Guard advisin; that the charge for Men. the men's services on the night of the hurricane would be 01. each. Mr. Potter moved that the inen be paid for their services and the expense charged to Storm E mergency. Mr. Ross seconded the motion and it was so voted. Emergency The Chairman asked if the Board would want to consider street having a fund set up for emergency street lighting such as lighting. during a heavy fog. The Board felt that it would not approve of such a thing. Letter was received from Paul W. Mather of 43 Wachusett Drive, stating that the neighbors had turned down a project Wachusett for the construction of sidewalks in Prospect Hill Road. Circle & He suggested that Wachusett Circle and Wachusett Drive be Drive. reconstructed in place of the Prospect Hill Road sidewalk ' project. The Clerk was instructed to tell Mr. Mather that similar requests had been considered in the past and be- cause of the difficulties involved, the Board felt that the 577 construction of streets under W.P.A. was not practical. ' The Chairman stated that the Lexington Trust Company had foreclosed on the so-called Aldrich property on Lincoln Street owned by the Ryders. Mr. J. Willard Hayden had authorized him to inform the Board that he was prepared to Aldrich make a gift of the property to the town provided the Town property. would accept the sift and abate the taxes. Mr. Clyde E. Steeves, Chairman of the Board of Assessors, appeared be- fore the Board. He said that the Assessors could do nothing until they received permission from Tax Commissioner Long, but if that permission were received, the Assessors would approve the abatement of the taxes. Mr. Potter moved that an article be inserted in the warrant on the question of accepting a gift of the Aldrich property from Mr. Hayden. Article Mr. Clark seconded the motion and it was so voted. Letter was received from the Chief of Police advising that a convention of Chiefs of Police would be held at Chief of Springfield on November 16th and 17th.. He requested per. Police re mission to attend and said the expense would be about $20. Conven- Mr. Potter moved that the Chief be given permission to tion. attend the convention but that the expense be disapproved inasmuch as it has been the Board's policy this year to dis- approve convention expenses. Mr. Ross seconded the motion ' and it was so voted. Letter was received from the Lions Club requesting the use of Cary Hall on November 18th for the purpose of Use of holding a wrestling exhibition. Mr. Rowse moved that the Hall. use of the hall be granted free of charge. Mr. Potter seconded the motion and it w�s so voted. Notice was received itthe Town Clerk of a claim for damages from one Margard DiLuzi of Boston. Mr. Potter DiLuzi moved that the claim be turned over to the Town Counsel claim, for his attention. Mr. Ross seconded the motion and it was so voted. At 6:30 P.M. hearing was declared open on the Board's notice of intention to establish the lines of the rounded corner at Charles Street and Taft Avenue. No persons appeared in favor or in opposition. Order re Upon motion of Mr. Potter, seconded by Mr. Ross, it corner of was voted to adopt the following order: Chas. St. & Taft Ave. COBRdOTtSdEALTI OF MASSACHUSETTS Middlesex, as. Lexington, Mass. Oct. 1801938 Town of Lexington, selectmen's Room At a meeting of the !Board of Selectmen of the Town of Lexington, after having given due written notice of the intention of said Board, as required by law,to lay out as a town way the junction of Charles Street and Taft Avenue, 578 all as hereinafter more full* apppears and after public hear- ing thereon held on O:etober 8th, 193; ' Now, upon consideration of the matter, it is ORDERED: That this Board of Selectmen is of the opinion that public necessity and convenience require that said junction of Charles Street and Taft Avenue be laid out and established as a public town way .and that the same hereby is laid out and established as a public town way respectively, as follows: Beginning at the intersection of the northeasterly line of Taft Avenue with the northwesterly line of Charles Street, thence along the northeasterly line of Taft Avenue N 560 46' 17" `dV distant 38.71 feet to a point, thence turning to the right and bearing to the left with a curve of 40.00 feet radius distant 61.52 feet to a point, thence along the northwesterly line of Charles Street S 310 201 43" W distant 38.71 feet to -a point of beginning, contain- ing about 318 square feet. Said junction of Charles Street and Taft Avenue is hereby laid out and established as shown on a plan entitled "Plan of Proposed Taking at Charles St. and Taft Ave., Lexington, Mass., Sept . 15, 1938 - Scale 1" - 201, John T. Cosgrove, Town Engineer", which plan is on file in the ' Town Clerk1s Office in the Town Office Building. And said Board having considered the question of damages sustained by the owners of lands across and through which said ways have been laid out and established as aforesaid, hereby determines that no damages are sustained and no damages are awarded, and said Board hereby declares that all acts herein are done under the provisions of law authorizing the assessment of betterments. William G. Potter Selectmen Albert A. Ross of Philip M. Clark Lexington Chap. 90 The Board signed the contract for Chapter 90 main - Maintenance. tenance for 1938. Letter of Letter was received from the Rotary Club expressing ,appreciation. its appreciation of the w rk done on storm clearance, and congratulating the Board for the excellent work done. Letter was received from the Town Counsel advising Rose Lase that he had settled the case of Lexington v. Rose and he ' attached his bill in the amount of �j'48.00. Mr. Rowse moved that the bill be approved. Mr. Ross seconded the motion and it was so voted. ' Application of L. G. McConchie-for permission to keep poultry at 104 Forth Street was received. Mr. Rowse moved that the permit be granted. Mr. Potter seconded the motion and it was so voted. Mr. Potter asked if the Board would approve changing the meeting night from Tuesday night to Monday night. The Board thought it was a good idea and Iter. Potter moved that the change be made, to be effective after arrangements had been made with the Town Accountant and department heads. Mr. Rowse seconded the motion and it was so voted. Messrs. Mitchell and Morse appeared before the Board relative to welfare matters. The meeting adjourned at 12:15 A.M. A true record, Attest: u Clerk. 579 Change in meeting night. Welf are