HomeMy WebLinkAbout1938-12-12Street
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SELECTME23 SPJiEET ING
DEC. 123P 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 and Messrs. Potter, Rowse and Clark
were present. The Clerk was also present.
At 7:30 P.M. hearing was declared open on the proposal
of the Selectmen to change the following street names:
Blake Avenue Locubt Avenue
Cary Street Oak Avenue
Franklin Avenue Oakland Street
Glen Road Robinson Street
Hayes Lane Smyth Street
Hazel Road Summit Avenue
Highland Street Robbins Avenue
Hill Avenue Hillcrest Street
Hillside Ave.
Independence Rd.
Lee Street
No persons attended the hearing.
The Clerk was instructed to send a copy of the street
names to be changed and a copy of suggested names submitted
by Mr. Worthen to each member of the Board.
Mr. Raymond appeared before the Board.
He presented the bids for gasoline needs for 1939
as follows:
Quoted Present Maximum
Bidder terms price price for Discount
based on terms of if any
quoted trms. contract
per gal.
Gulf Oil Corp.
Dealers
Park Sq. Bldg.
tank
8.50 Not given Net 15th
Boston, Mass.
wagon price.
Standard Oil Co.
Cormercial
Gasoline 950 Old Colony
tank car
bids. Parkway
price from
6.70¢
7.45
Net (Reser-
Boston, Mass.
place of
vation re.
delivery
taxes & suit)
Shell Union Oil
Corp. Posted
787 CommonwealthAve. tank car
6.50¢
7.50
Net
Boston
price plus
x¢
Cities Service Oil
Co.,260 Tremont
Posted
St. commercial
6.70ygross
7.50/
gross 2%
Boston
tan. car
6.566 net
7.35' net 10 dys.
price
Colonial Beacon
Co.
Oil
6.70/
6.70X
2% 15 dys.
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The Chairman asked how much 2% would amount to in a
' ear and Mr. Raymond replied that it would amount to about
50.00.
Mr. Walter Beatty and Mr. Samuel Kniznik, represent-
atives of the Standard Oil Co., appeared. Mr. Beatty said
that his company was very anxious to get the gasoline
business this year, first because their product was an
excellent one and second because about twelve people work-
ing for the company lived in Lexington, two of them owning
homes here. They do not think there is anything better on
the market and think that the purchaser gets what he pays
for. They have test cars and engineering services at their
disposal which the town could use. He said that the company
paid taxes in Lexington on three parcels and indirectly on
several more. Mr. Beatty said that the bid submitted in-
cluded no price for delivery of gasoline and in case of a
drop in price, the town still got the gasoline at tank car
price. Mr. Rowse asked if the company was bound by any
trade agreement, and Mr. Kniznik answered in the negative.
Mr. Clark said that the Board wished to assure the men that
everything being equal, their company would be given con-
sideration. Mr. Potter read the names of the companies which
had submitted bids and asked if they were all major companies,
and Mr. Kniznik replied in the affirmative. Mr. Beatty said
that the maximum price was very important.
The Chairman read the bids Mich had been received.
He asked what argument the Board had for not giving the
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business to the Colonial Beacon Oil Co. and Mr. Beatty said
that according to the figures, their company was not even
in the picture. They retired.
Mr. Clark moved that the contract be awarded to the
Colonial Beacon Oil Co. at the bid submitted. Mr. Rowse
seconded the motion and it was so voted.
The Town Clerk and Ur. Wrightington appeared before
the Board. The Chairman said that the Town Clerk stated
that there was an Act stating that foreclosure proceddings
should be started within two years. He said that the Board
wished to discuss the matter of granting Ryder an extension
of time beyond December 15th on his tax title cases. fir.
Ryder
Wrightington said that the Judge was the only person who
tax
could grant an extension, but undoubtedly he would be
title
influenced by the attitude of the Board. The Chairman asked
cases.
if he believed Ryder was right in saying that he could get
an extension on some of these cases. He replied that he
did not believe Ryder could get an extension on six of them,-
one in particular on which Tufts College has a mortgage.
One of the cases concerns the land on the Cary Estate and
he was satisfied that the land was not worth more than the
outstanding taxes. He said that the taxes had run up to
the equity in the land on the barn, residence and forty-
five acres of land on the Cary Estate.
Mr. Potter asked what the Town would lose if the
Hyders were granted an extension, and Mr. Wrightington
replied that it would merely be holding up the cases that
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Cheney
case.
DiLuzi
claim.
much longer. He said that several in the original batch
went back to 1930, but because of technical errors, they
had been held up. Mr. Rowse asked how Mr. Carroll felt
about it. He replied that he wanted to do his job right,
but was willing to follow the suggestion of the Town
Counsel and Selectmen.
Mr. Clark moved that the Selectmen recommend to the
Town Counsel that he consent to a six months' extension
on the Ryder tax title cases coming up December 15th,
provided Mr. Ryder redords in some fashion in Court the
promise not to ask for further extension beyond that time,
and provided that all technical defenses to any of these
tax title foreclosures be waived and the amount for ex-
tensions filed. Mr. Potter seconded the motion and it was
unanimously voted.
Mr. Clark then moved that the Town Counsel b e author-
ized to bring actions of contract in the name of the
Collector of Taxes on any unpaid taxes of Charles W. Ryder
and the Lexington Estates Trust. Mr. Rowse seconded the
motion and it was so voted.
Mr. Potter left the meeting at 80-30 P.M. and returned
at 10:30 P.M.
The Town Counsel reported that the Cheney case had
been tried and the Judge gave a decision in favor of the
Town.
I�Ir. Wrightington said he wished to discuss the DiLuzi
claim. One Margaret DiLuzi was visiting a house just
beyond the railroad in East Lexington eight days after the
hurricane and in coming from the house, she claims she
fell in a small hole which was unlighted at the time. Mr.
Garrity says that lanterns had been put up but the neighbors
say that there were none there. Mr. Garrity also stated
that a great many lanterns had been stolen. Mrs. DiLuzits
attorney requests a settlembnt of $175.00, but her actual
disbursements amount to 026. Mr. Clark moved that the Town
Counsel be authorized to make an offer of settlement in
the amount of $50.00, this amount.to be paid from the Law
Department Expense appropriation. Mr. Rowse seconded the
motion and it was so voted.
Mr. Wrightington said that during the Cheney trial,
two police officers and several town employees were called
Cheney as witnesses. They of course had to purchase their
case* lunches and some have asked if they would be reimbursed for
this. Mr. Clark moved that the lunches be paid for and
charged to the Law Department appropriation. Mr. Potter
seconded the motion and it was so voted.
Mr. Clark stated that the town voted to accept the
Contributory Retirement system without knowing what the
cost was going to be and asked if the Town could change
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its mind if it wished. Mr. Wrightington said that the
acceptance could not be rescinded without a special act
of the Legislature.. The Clerk stated that some time ago
the Town Accountant had informed the Selectmen how the
retirement fund would be built up and when it would cease
to cost the town a great deal of money, and she was
Instructed to get the information together for the next
meeting.
The Board discussed the matter of jurisdiction over
the Elections budget. The Chairman road a letter from the
Town Counsel stating that there were a f ew.things to do
with elections of which the Town Clerk had charge and the
other things were in charge of the Selectmen. He said he
had talked with Mr. Dine of the Division of Accounts about
splitting the account and he saw no reason why this could
not be done if desired for accounting purposes. Mr. Clark
moved that the Elections account be divided into two parts,
one part to be in charge of the Town Clerk and the other
in charge of the Selectmen. Mr. Rowse seconded the motion
and it was so voted.
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Contributory
Retirement
System.
Elections
account
Mr. Raymond presented sketches of pumping stations
and asked the Board which they preferred. The Board's Pumping
preference was one of colonial type. station
Mr. Raymond said that the V.F.W. wished to engage
Estabrook Hall for a smoker on January 18th and Cary Hall
for ceremonies and a dance on Feb. 15th. Mr. Rowse moved Use of Hall
that the uses be granted. Mr. Clark seconded the motion
and it was so voted.
Mr. R&y mond said that application had been received
for the extension of a gas main in Somerset Road, a dis-
tance of 300 feet, near the Merriam Street end. He thought Gas Main
the extension was to increase the pressure. He was re-
quested to find out why the extension was desired and report
to the Board next week.
Mr. Raymond submitted the report of the Boston Edison -
Co. regarding street lighting in the center of the town. Street
Each member was given a copy of the report and it was lighting
decided to hold the matter over for one week. report
The Chairman asked if the Board would approve a re-
quest that the street lights be left on all night Christmas Lights on
Eve and New Year's. it was suggested that the lights be all night
left on until three o'clock, and hir. Raymond suggested on holi-
that Lexington do whatever the surrounding towns were going days,
to do so that it would not be necessaty to pay an extra
charge. Mr. Rowse moved that Mr. Raymond's suggestion be
approved. Mr. Clark seconded the motion and it was so voted.
Mr. Raymond said that a month or so ago, the Board
authorized the expenditure of x$`'40.00 for a survey and ad-
vice in connection with the heating system. He thought that
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he had received worthwhile service for that but wanted to
go further and have the Board authorize him to ask new
Heating advice. There is quite a lot wrong with the heating system.
Sir vey There are funds available in the Town Office Building
appropriation to pay for the extra charge, which will
probably be $25.00. Mr. Clark moved that the request be
granted. Mr. Rowse seconded the motion and it was so
voted.
Mr. Raymond said that the Engineering appropriation
would have $250. to $300. left at the end of the year
becauae one man resigned. He requested authority to use
that money and take the 'C.P.A. topo survey crew and put those
Aldrich men out getting data on the Aldrich property so that they
property could work up a W.P.A. project for the improvement of the
property. He thought most of the field work could be done
between now and the end of the Year. Mr. Rowse asked if
the engineering; work would have to be done again if the
Planning Board did not approve of the present plan, and he
replied in the negative. Tvb?. Rowse moved that the expend-
iture be approved. Mr. Clark took the Chair, and Mr. Giroux
seconded the motion and it was so voted. Mr. Clark then
relinquished the Chair to Mr. Giroux.
Letter was received from Annie McClure petitioning for
an award of damages in connection with covering Vine Brook
and the construction of a sewer through her property, '
should damges be sustained as a result of the construction.
Mr. Raymond suggested that the Town Engineer and Mr. Spencer
McClure be designated to invests -ate and hear claims in con-,ection
claim. with these land takings, they to interview the oviers, find
out the basis of their claims and then make their recommend-
ations. He said that those gentlemen knew practically every-
body that owned property in town and the Engineer is familiar
with what is to be done. He said the only other way to do
it would be to go outside and hire an expert.
Mr. Clark moved that Mr. Raymond's suggestion be
adopted. Mr. Rowse seconded the motion and it was so voted.
Mr. Raymond reported that the engineers found that
by making a change in the location in the force main for the
North Lexington sewer different from that described in the
North vote of the Town, °,2500. to 63000. could be saved -- by
Lexington going through private lands and ,property foreclosed by the
sewer. Town between Bedford Street and Valley Road. In order to
do this it would be necessary to get releases from the
owners so that there will not be any litigation. He said
that conferences had been had with the owners, who had
agreed to settle as follows;
James A. Aker & Margaret J. Aker - 475.00
Anna E. Rardin - 20.00
David J. Harrigan - 15.00 ,
Dorothy T. Taylor - 20.00
Cornelia Bierenbroodspot - 15.00
Louisa G. T. Bean - 30.00
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He said there was an error in the vote in giving the
name of the owner of the land where the pumping station will
be located and release should be obtained from those people.
He said that he expected to receive word as to what damages
they would want, but he had not received that information.
He su'-gested that the town offer to settle for the assessed
valuation of the land plus 50`,0, which he thought
would be between ,"150. and 51,200. He asked if the Board
approved inserting these amounts in the releases. Mr. Rowse
moved that the Board approve the amounts. Mr. Clark seconded
the motion and it was so voted.
Mr. Raymond said he had received requests to take out
some stumps left after the hurricane at five or six locations.
The removal of these stumps would cost about X100. He said Removal
that -if the work was going to be done before Spring, it of stumps
should be done now. Mr. Rowse moved that the removal of the
stumps be approved. Mr. Clark seconded the motion and it
was so voted.
Mr. Raymond submitted an agreement with'Skinner and
Sherman, testing engineers on the North Lexington Sewer
project, and asked if the Board wished to authorize the Agreement
Chairman to sign the agreement. Mr. Rowse moved that the
Chairman be authorized to sign the agreement. Mr. Clark
seconded the motion and it was so voted.
' Mr. Raymond said that Allan Bean of 20 Parker Street
had submitted a bid of y�.50 a cord for the wood at the Bid for
dump and said that he would pick it over and take what wood
he wanted. No action was taken on the bid.
The Chairman said that the business men have requested
that somethin" be done to solve the parking problem. They Parking
suggest one hour parking until six P.M. and after that problem
one hour parking in front of stores that are open. It
was decided to hold the matter over for one week so that
Mr. Raymond could give it some thought.
The Chairman said that something should be done so
that one of the department heads could be made an assist-
Ass't. to
ant to Mr. Raymond so that he would have more time to work
Raymond
on major problems of the town. No action was taken on
the matter.
The Chairman told Mr. Raymond that Roland Garmon
spoke to him about the cesspool overflowing in the rear of
Cesspool -
the Branch Library. He asked Mr. Raymond to investigate it
branch
and Mr. Raymond suggested that the place be connected
library.
with the sewer. He said, however, that he would look into
the matter and report later.
The Chairman informed the Board that Mr. Raymond's
term expired December 31, 1933 and that his budget
Supt's
included a salary item for 1939 in the amount of $5100.
term.
The matter was held over for one week. Mr. Raymond retired.
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Letter was received from John Valentine advising
Insurance of the expiration of fire policy under blanket schedule
on Jan. 14th. This matter was held over for one week.
Letter was received from the Lexington Knights of
Columbus Columbus requesting that the services of town employees be
Day dispensed with on Columbus Day, October 12th, each year,
it being a legal holiday. No action was taken on the matter.
Mr. Clark stated that he had two conventions coming
along and wanted to make one statement. He noted that a
Insurance policy placed with Mr. Irving G. Hall would be expiring
shortly and he wanted to call the Board's attention to the
fact that Mr. Hall was living in Belmont and was no longer
a citizen of Lexington so was not entitled to renewal.
Mr. Rowse requested the Clerk to ask Mr. Longbottom
Signs. to request the store keepers to reduce any signs on their
stores on Mass. Ave. in Lexington Center more than three
feet in height to that size.
Chief Sullivan appeared before the -Board to discuss
the shortage in his budget. Letter was received from the
Town Accountant stating that he had on hand unpaid bills
in the amount of $151.30. The Chief said that one reason
his appropriation had been overdrawn was the cost of repairs
to automobiles. $725. was allowed for a new car and repairs
and over �' x'900. was expended. Mr. Rowse asked wh there was
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the extra ie expense and he replied d
p that it was absolutely
Police necessary to keep the cars in good shape. He said also there
budget. had been an expenditure of x;100. for iron claws. The
Chief said he would be at least $600. short. Mr. Rowse told
the Chief that he would have to keep closer track of his
appropriation and try to live within his appropriation. He
suggested that the Chief appear before the Appropriation
Committee Tuesday evening to see if that body would approve
a transfer from the Reserve Fund. The Chief retired.
Mr. Rowse moved that the Chief be allowed to bfing
the matter before the Appropriation Committee without
recommendation of the Selectmen. Mr. Potter seconded the
motion and it was so voted.
Letter was received from Alan Adams containing
Town suggestions to be incorporated in the specifications for
Report. the printing of the Annual Town Report. The suggestions were
approved and the Clerk was instructed to include them in the
specifications. Ia7r. Clark moved that a bond in the amount
of 01000. be required from the successful bidder. Mr. Rowse
seconded the motion and it was so voted.
Letter was received from Mr. Mitchell stating that
the cash grants had been received and that the following
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amounts would be needed for the balance of the year:
Aid to Dependent Children x;150.
' Soldiers' Relief 500. Welfare
Public Welfare 600. needs
Total 74TMO.
Mr. Potter moved that the Appropriation Committee be
requested to transfer ;1250. from the Reserve Fund to the
various charity accounts as listed. Mr. Clark seconded
the motion and it was so voted.
Mr. Mitchell said that the rooms in the Barnes
property would be ready in a week or so. He will need new
furniture which will cost 0200. or 1225. He said that he Furniture
had the money available, in the Old Age Assistance account.
Mr. Potter moved that the purchase of the furniture be
approved. Mr. Clark seconded the motion and it was so voted.
Letter was received from the Clerk of the Board of
Registrars with reference to their needs for the balance of Needs fox
the year. The sum of $349,03 was requested and the sum of Regs. of
$398.96 was requested for the month of January. Mr. Clark Voters
moved that the Board request the Appropriation Committee to
transfer $349.03 from the Reserve Fund. Mr. Potter seconded
the motion and it was so voted.
The Board signed certificate containing the expenditures Chap.90
for maintenance under the provisions of Chapter 90. Work
Letter was received from the Division cf Metropolitan
Planning; advising; that that body was recommending the Highway
adoption of a six year program of highway development and planning
Included in the program, was the new Middlesex Turnpike and
the new Route 128. No action was taken on the matter.
The report of the Board of Retirement for the month Report
of November was received.
The Clerk asked what the bill for services to vacate
to the tenants in the Aldrich property and the bill for Bills
advertising, the sale of the wood at the dump were to be
charged to. Mr. Potter moved that these bills be charged
to the Unclassified Account. Mr. Clark seconded the
motion and it was so voted.
Upon motion of Mr. Potter, seconded by Mr. Clark, it
was voted to grant the following licenses:
Mass. Reformatory, West Concord - Trans. of Garbage
Independent Tallow Co., Inc., 1,7oburn - " License
Lowell Rend. Co., No. Billerica - it
Carroll Bros.,,Allen St., Lexington - "
Frank Dias, Concord - "
E. K. Ballard, Wood Street, Lexington _ It
John Glennie, Inc., North Andover rr
John E. McHugh, Concord - t'
Pattison Bros., Burlington - it
John A. Janse, Newton Centre -it
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Cornelius T. Shea, Lincoln - Trans. of Garbage I John F. McGrath, Burllm ton - it
A. S. Duren, Carlisle - rr
Chester A. Pogg, Lexington - rr
Rydersr Stock Farm, Inc., Lex. - It
Manuel Silva, Lincoln - if
H. J. Seiler, Co., Lexington - Common Victualler
Margaret W. Heywood,Lexington - it rr
George F. Taylor, Lexington _ if It
Licenses Colonial Pharmacy, Lexington - " rr
Hymen D. Marcus, Lexington - " It
F. K. Johnson, Lexington. - Methyl Alcohol
Colonial Garage, Inc., Lexington - it rr
F. K. Johnson, Inc., Lexington - 1st Class A�;entrs License
Colonial Garage, Inc., Lexington - +r rr rr if
Daisy D. MacAlpine, Lexington - Innholders+ License
John A. Sellars, Lexington - Past. of Milk
It was decided to meet on Saturday at 2:00 P. M. to
Budgets discuss budgets.
Liquor Application for renevial of liquor license was received
License from Max Berman. The matter was held over for one week.
Welfare Messrs. Mitchell and Morse appeared before the Board
relative to Welfare matters. '
The meeting adjourned at 12:01 A.M.
A true record, Attest:
Clerk.
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