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HomeMy WebLinkAbout1938-12-19 72 � 1 SELECTMEN'S MEETING DEC . 19, 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 and Rowse were present. Mr. Clark arrived at 8:30 P.M. The Clerk was also present. Mr. Raymond appeared before the Board. He stated that the Workmen' s Compensation and Public Liability Insurance policy held by Elmer A. Lord & Co. and the Contractors ' and Manufacturers' Public Liability policy carried by Edwin B. Worthen, expired on December 31st. Mr. Rowse moved that the policies be renewed through the same companies. Mr. Ross seconded the motion and it was so voted. Mr. Raymond stated that fire insurance policy under blanket schedule in the amount of $19,666. expired on Jan. 13 through the office of Edwin B. Worthen. Mr. Ross moved that it be renewed through the same office. Mr. Insurance Rowse seconded the motion and it was so voted. Mr. Raymond stated that fire insurance policy in the amount of $19,400. carried through the office of Elmer A. Lord & Co. and policy in the amount of $18,284. carried through the office of John G. Hall & Co. expired on January 14th, and policy in the amount of $19,400. carried through the office of John G. Hall and Co. expired on Jan. 15th Mr. Ross moved that the policy carried by Elmer A. Lord & Co. be renewed through the same concern and that the $18,284. policy be renewed through the office of John C Paige & Co. through its Lexington agent, Norman A. Downs, and the $19,400. policy be renewed through the office of Cyrus Brewer and Co. , through its Lexington agent, Samuel L. Fardy. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond said that there was a commitment in the Highway Department against R. L Ryder of $12.50 for work in 1937 when the town was buying gravel from him at Ryder bill.Maple Street. The road was in poor shape, and arrangements were made to go in for one-half day with the grader and smooth it down. The bill is unpaid and the Town Accountant thinks it poor policy to keep it on the books. Mr. Raymond suggested that arrangements be made with Ryder to get ten loads of gravel and take it when the town needs it. He asked a..proval of this action. Mr. Ross moved that it be approved. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond stated that the Boy Scouts had requested Use of Hall the use of Cary Hall on March 25th from 7 to 11 P.M. in order to hold a Scout Review. Mr. Rowse moved that the use of the hall be granted free of charge. Mr. Ross seconded the motion and it was so voted. 73 Mr. Raymond said that it would be necessary to pur- chase fire extinguishers for the Barnes property before it could be used for public offices. He asked bids from two companies and received only one, that from the American Fire Equipment Co. which quoted $9.00 each. He requested authority to purchase six fire extinguishers and pay for them out of funds available this year. Mr. Ross moved that the purchase be approved Mr. Rowse seconded the motion mad Barnes it was so voted. property. Mr. Raymond said he would want several telephone lines in the Barnes house and thought that when the move was made, two extensions here could be given up. He asked if the Board approved having the new phones installed. Mr. Rowse moved that this be approved. Mr. Ross seconded the motion and it was so voted. Mr. Raymond requested approval of the purchase of four six foot settees costing about $84.00 for the Barnes prow:rty. Mr. Ross moved that the purchase be approved. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond said that sometime the town was going to need chairs or settees for such meetings as may be held at the Barnes property. He said chairs were more comfortable but more expensive and harder to get out in case of fire and it might be that the Board would want to purchase settees. No action was taken on the matter. Mr. Raymond said that Angelo Busa of Grant Street came in to see him and said he wanted his money for damages on the North Lexington Sewer job right away and he had an Busa additional claim of $75. on account of the spoiling of claim. his dandelion crop. Busa is anxious for his money and has signed a release stating that he will accept a settlement of 4286.00 and withdraw all claims against the town relative to the North Lexington sewer takings and the discharge of sewage on his land during July of 1938. There is some question, however, whether or not the bank which this holdsthe mortgage on the property will agree to settlement. However, Mr. Rowse moved that the settlement be made for $286.00 if possible and the expense charged to the North Lexington Sewer Project. Mr. Potter seconded the motion and it was so voted. At 8:00 P.M. hearing was declared open on the appli- cation of the Boston Edison Co. and the New England Tel. & Tel. Co. for the relocation of one pole on Merriam Street. Mr. George W. Emery appeared in favor of the Pole granting of the petition. He said that a pole had been location fastened with guy wires to two of his trees for years. One of the trees was blown down in the hurricane and the other tree was held way down. Mr. Emery said he wanted to 1 remove the latter tree and was in favor of the relocation of this pole to the other side of the street. Mr. Rowse moved that the petition be granted. Mr. Ross seconded the motion and it was so voted. A 7 Mr. Raymond said that the gas main in Somerset Road was needed to supply the Barrington house which is being Gas main erected on Merriam Street. Mr. Ross moved that the ex- tension be approved. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond reported that the Town Clerk had made a request that the Supt. fix up his counter with cabinets Cabinets for and draws if there are funds available. Mr. Johnsyn, who Town Clerk. has been on Welfare, has estimated that this work can be done for $81. including labor. Mr. Raymond thought that Johnsyn had left out some items and his estimate was $100. He recommended that the work be done. Mr. Rowse thought that this was not the time to do this work and suggested that it be included in the budget for 1939 and so movsd. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that he talked with N. B. Bidwell who represents Ethel F and George W. Bean, owners of the land where the town wants to put the pum-hing station. Mr. Bean prop. Bidwell said that the Beans wanted &200. for the land. for The land is assessed for about two mills per square foot. pumping However, it is quite near where Route 128 will probably go station through, which would be the only excuse for paying 6200. Another thing is that the vote described the proper site but stated that the land belonged to Longleway instead of Bean which might mean trouble if the land had to be taken by Eminent Domain. Mr. Raymond talked with Mr. Wrightington on the matter and he recommended that it was worthwhile to pay the $300. Mr Potter moved that the land be purchased for 6200.00. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond reported that the Plumbing By-law Committee had held four or five meetings and it was proposed to have Plumbing the regulations written up. They will hold one more meet- Regulations . ing before the Annual Town Meeting and will then submit the regulations to the Town Counsel. Mr. Ellsworth W. Poole, Plumbing Inspector of Newton, has submitted his bill in the amount of $25.00 for services rendered. Mr. Ross moved that the bill in the amount of $25.00 be approved and paid from the Unclassified Account. Mr. Potter seconded the motion and it was so voted. Mr. Raymond informed the Board that 6200. more was needed to finish the Paul Revere Road water main ex- tension. There is money available in the Water Maintenance Water account-and he said they could go ahead and finish the Extension work and pay for it from that account and next year could charge some water maintenance work to Water Construction, Sundry Streets, to balance it up. The original estimate was $1100. and $900. if no ledge was encountered. The balance was approximately $900. , but ledge was encountered so it will cost the $200. more . Mr. Rowse moved that the 75 Appropriation Committee be requested to transfer $200. from the Reserve Fund to complete the job and that the matter be explained to that Committee . Mr. Ross seconded the motion and it was so voted. Mr. Raymond reported that Thomas Cavanaugh of Grant Street had been in about his damages at the right of way for the North Lexington Sewer. He figured his damages were $60.50. Cavanaugh believes that because of the taking, he will have some queerly shaped lots, but Mr. Raymond did not agree with him. The man wanted to know if the Board would charge him for making a connection from a Cavanaugh dwelling to the sewer. Mr. Raymond thought it fair to damages offer to make a connection if Cavanaugh would agree to give up the $60.50 award of damages, and agree to pay the cost of pipe and excavation, it being understood that that connection was to serve a lot of which the frontage was not more than 100 feet on the right of way. Mr. Raymond approved this settlement. Mr. Ross moved that the offer be made to Cavanaugh. Mr. Potter seconddd the motion and it was so voted. Mr. Raymond said he thought that one hour parking in One hour Lexington Center would be workable and had written the parking Dept. of Public Works to see if they would approve it, but he had not had a reply. This could be given a thirty day trial but there would be the expense of having signs made. The matter was held over for one week. Mr. Raymond said he had figured that the Town Accountant would go in where the Inspectors are now and wcu ld use part of the Engineer' s vault. The room in this vault can be spared now, but the time is coming when they will not be able to spare it. When that time comes, Mr. Raymond thought another vault should be built in the basement. He obtained an estimate from the Mosler Safe Co. of $190. to take the vault door now in Mr. Russell's office and move it upstairs and an estimate of $235. for putting in a new door upstairs. Mr. Raymond thought the best thing to do would be to leave the door downstairs and put a new one into the Engineer' s vault. He said he thought that both the partition and the vault door could come out of the savings in the Town Office Building appropriation. Mr. Clark asked why there would be so large a balance in that account-and Mr. Raymond said that he did not know as he had not had an opportunity to analyze the account . Mr. Potter moved that the new door be cut into the Engineer' s vault. Mr. Ross seconded the motion and it was so voted. Mr. Rowse voted in opposition. Petition was received signed by nineteen property owners in the Liberty Heights section requesting that the Board petition the Legislature to amend the Sewer Act so that Federal funds could be secured to build sewers in 76 that community. Mr. Raymond said that the Town Counsel had ruled that we could not assess sewers in any manner except under our present Act . These people want the town to build sewers with the assistance of Federal funds and gage their assessments on the cost to the town rather than the cost to the town as figured over a five year Sewers - period. He said the town might have complaints from amendment people now paying under the present Act and also, Federal to Act. aid might end before the amendment went through. Mr. Raymond said that the town now had a tremendous investment in sewers which had been paid for by taxes on property which had no opportunity to use the sewers . Mr. Clark wondered if it was obligatory for the Board to request this amendment merely because nineteen people requested it. He also wondered if the procedure was to ask the Town Meet- ing to approve it first or not. He requested the opinion of the Town Counsel on both of these matters. Mr. Ross moved that the Town Counsel draw up an amendment as requested and submit it to the Board. Mr. Rowse seconded the motion and it was so voted. Letter was received from the Planning Board relative Aldrich to the Aldrich property. The letter said that the land- property scape plans were in substantial harmony with the preliminary plans presented by them last summer. The letter asked that the Planning Board be advised of any devdlopments on the property. The Board discussed Mr. Garrity' s suggestion that a Community Community Day be held on Jan. 2nd and that volunteers be Day requested to help dispose of the wood piled at the Public Works Building. Mr. Clark moved that no action be taken on the matter. Mr. Ross seconded the motion and it was so voted. Next It was decided that the next meeting of the Board would Meeting. be held on December 27th, at 4:00 P.M. Dr Newell appeared before the Board. The Chairman told him that the Board wanted to know what his attitude was going to be next year relative to the position of Tcw n Physician. Dr. Newell said he had not given much thought to it but was not particularly keen about the idea of an office in the Barnes property as it would make too long a day for him, and also, he did not believe the people would confine themselves to the use of it. He said that the medical center had taken quite a lot of town work from Town his office. The Chairman asked him if he would be agreeable Physician to taking the position next year and he replied in the affirmative . The Chairman asked him if he was prepared to say now what he would want for a salary. Dr. Newell said that last summer he was informed that the Board would insert an article in the Warrant to pay him $400. additional for transportation, but that had not been done. The Chairman said the reason for that was that there were 77 no funds available for transfer. Dr. Newell said he would be willing to accept the position next year if he received $1150. Mr. Rowse asked if any persons not entitled to his services came to him, and he said that they did. It was suggested that Mr. Mitchell put through all calls for Dr. Newell's services, but the doctor did not think that would work out satisfactorily. He suggested that all calls might come through Mitchell' s office between nine and five o'clock. The Chairman told him the Board would discuss the matter further and he retired. Mr. Garrity appeared before the Board to discuss his budgets as follows: Parks and Playgrounds Personal Services: He requested an increase in salary for the Clerk to $16. per week beginn ng April 1st. He said he cut down on instructors and Miss Ohlson was going to do the clerical work for the playgrounds . He said he was handling nine gangs of men and he would have to have a full time clerk or an assistant Supt. of the Park Department. Park Insect Suppression: Budgets The Board discussed the Insect Suppression budget with Mr. Garrity, which amounted to X4656.25. The Chairman asked him if he could not get along with - say $3500. , and he replied that he could not and keep the same personnel. The Chairman asked him if he could not get along with approximately the same amount as last year. Mr. Garrity asked if the Board wished hien to reconsider his budget and he was requested to do so. Shade Trees: The amount requested was $4426.70, which included $2500. for repairing trees damaged by the hurri- cane. The Chairman asked why they could not have that done under the W.P.A. and Mr. Garrity said that his estimate was $16. per tree and all the I.P.A. wanted to allow was $6. per tree . However, in March they might find that they could get a W.P A project for the work. He said, however, that he did not want the W.P.A. to trim the trees at the Common and a few other places . He thought that these trees could be taken care of from the Amy Taylor Tree Fund, however. He was instructed to see what he could do from that angle and Mr. Rowse suggested that he submit a separate budget for repairing trees damaged by the hurricane . Parks and Playgrounds - Wages and Expenses; This budget was submitted in the amount of $12, 180. as compared with 610,000. in 1938. Mr. Garrity was requested to go over the budget and cut it down as much as possible. He retired. The Board discussed the bond on the North Lexington sewer project. The Chairman stated that it had been No. Lex. arranged so that Mr. Driscoll, Mr. DeCristafaro ' s agent, Sewer would receive 10% and the balance could be given to bond Lexington agents. Mr. Clark moved that the balance of the 78 premium be divded equally between John Valentine and Richard Sherburne. Mr. Ross seconded the motion and it was so voted. , Mr Potter moved that subject to the approval of Rycroft Chief Sullivan, the punishment of Sergeant John W. duty Rycroft be suspended during the Christmas week-end, and resumed irmediately thereafter. Mr. Clark seconded the motion and it was so voted. Affidavits of James F. Cavanaugh and Joseph Furtado to the effect that they had purchased liquor from minors at the store of Max Berman, 12 Mass . Avenue, were received. The Selectmen considered the facts relating to the renewal of the liquor license of Max Berman based on the complaint of James Phillips and found as follows Mr. Phillips ' unquestioned worthiness and desire for a liquor license can have no bearing on this question. The conduct of Mr. Berman during prohibition has no legal bearing on this question. The license having been granted by a previous board leaves only the question of the obeying of the laws since Mr. Berman received his license. Until this time there have been no complaints. Mr. Berman's store had been at its present location for a number of years. Until now, there have been no complaints as to the location. The complainant has submitted the evidence of four Berman witnesses that liquor was sold there by minors in Mr. Liquor Berman's store. license. The Chief of Police of Lexington reported on Nov- ember 21st that the three holders of licenses were complying with the law. The Board recognizes the evidence of the four wit- nesses but takes the position that such evidence on a first complaint calls for a warning to the holder of tie license or at most one month's suspension. This is based on State practice. Therefor the Board of Selectmen, upon motion of Mr. Ross, which motion was seconded by Mr. Rowse, hereby approves the renewal of the liquor license of Mr. Max Berman for one year, with the provision that this com- plaint properly supported by evidence, might cause the suspension or revocation of his license. Mr. Rowse then moved that the application of James Phillips to sell alcoholic b everages in packages at both 850 Mass. Avenue and 1802 Mass. Avenue be denied, there being no licenses available. Mr. Potter seconded the motion, and it was so voted. Messrs. Ross and Clerk retired at 10:40 P.M. Letter was received from Frederic L. Fischer, Sec- retary of the Library Trustees. He said that at a meeting held recently, the Library Trustees considered the offer 79 of the Cary Trustees to sell for $1000. the lot adjoining the library. It was their unanimous opinion that it would be for the best interests of the town to buy the land and it was unanimously voted to recon end its purchase and Land to request the Selectmen to include an article in the war- adjoining rant for the next Town Meeting authorizing the purchase. Library. It was decided to hold the matter over for one week so that the Clerk could obtain the assessed valuation of the land and determine the amount of the original offer. The Clerk presented a bill for 0.40 for filing the Bill plan of the Poitrast land on Fottler Ave. recently sold. Mr. Rowse moved that the bill be charged to the Unclassified Account. Mr. Potter seconded the motion and it was so voted. Letters were received from the Appropriation Committee stating that at a meeting held on December 13th, the following transfers from the Reserve Fund were approved: Snow Removal (obligations incurred in excess of appropriation) y$1254.50 Snow Removal (For balance of year) 1000.00 Registrars of Voters - Personal Services 24.00 Transfers Expenses 313.03 Aid to Dependent Children 150.00 Soldiers' Relief 500.00 Public Welfare 600.00 Selectmen's Expenses 60.00 Public Works Bldg. - Wages & Expenses 50.00 Police Department 600.00 The Appropriation Committee criticized the lack of detailed information submitted by the Police Department. It felt very strongly that the Selectmen should take necessary action to have the 1939 Police budget made up on the basis of actual needed expenditures. The Committee stated that it would not feel inclined to authorize any further transfers from the Reserve Fund to the Police Department accounts without being furnished with more detailed information than was furnished in this case. The Appropriation Committee submitted to the Select- men copies of a report made by a Sub-committee relating Report to Public Welfare, Aid and Relief and W.P.A. It was suggested that the Selectmen give immediate consideration to the recommendations in the report. The members were requested to study the report and discuss it next week. Letter was received from Tax Commissioner Long stating that the amount not less than which the bonds of the Tax Collector and Town Treasurer would be approved was $47,700. Bonds Mr. Rowse moved that the bonds of both these officers be approved for that amount. Mr. Potter seconded the motion and it was so voted. sa tr Permit to Request was received from Ira A. Rix of 503 Waltham sell trees Street requesting permission to sell Christmas trees in denied. front of his house. Mr. Rowse moved that the request be denied inasmuch as the property is in a residential zone. Mr. Potter seconded the motion and it was so voted. Letter was received from the Town Counsel relative to Ryder Tax the Ryder Tax Title cases. Mr. Wrightington said that Title the Judge' s order was that unless the tax titles were cases. redeemed on or before June 15th by payment of the sum fixed, a foreclosure decree would automatically be entered in each case without further proceedings. - - -r was received from the Town Counsel re - - to the Ryder - tle cases. Mr. Wri_.'• - _ on said that the Judge 's order was n = •+ e tax titles were redeemed on or befo _ . . - a, i ent of the sum fixed, a . 'sure decree would autos►= = ly be entered case without further proceedings. Letter was received from the Town Counsel relative Outstanding to various outstanding accounts whidh the Clerk had accounts taken care of. However, there was one water guaranty account owed by James A. Nickerson which Mr. Wrightington has been having considerable difficulty collecting and which he as much as said was uncollectable. He wanted to Nickerson know if the Selectmen wanted to abandon the claim. Upon ' account. scrutinizing the account, the Board decided the best thing to do would be to abandon the claim and Mr. Rowse so moved. Mr. Potter seconded the motion and it was so voted. Upon motion of Mr. Potter, seconded by Mr. Rowse, it was voted to grant the following licenses : W. G Potter, Nalnut Street - Trans . of Garbage Martha Dinsmore, 1698 Mass. Ave. - Com. Victualler Licenses Mary A. Rowland, 150 Lowell St. - ^ " Countryside, Inc. , 400 Lowell St. - " 91 ft a r+ - Methyl Alcohol Calvin W. Gilds, 409 Mass. Avenue - u It If If " " - Agent ' s License Faulkingham & Craig, 3 Bow St. - " A. C. Bierenbroodspot, Wood St. - Trans. of Garbage Letter was received from the Lexington Allied Vet- erans Council requesting that the following be appointed Patriot 's for the Patriot 's Day Committee for 1939 : Day Frank J. Thompson, Chairman Committee George E. Foster, Marshall Claude A. Palmer, Chief of Staff Charles H. McCormack Carl B. Jones Clarence E. MacPhee Mr. Potter moved that these persons be appointed as the Patriots ' Day Committee for 1939. Mr. Rowse seconded the motion and it was so voted. 81 The request of the Board of Registrars for $398.96 to carry on their work during the month of January was Needs of considered. The Chairman sat d that this amount was re- Reg. of quested before it was decided that the work could be split Voters between the Assessors and the Registrars. The Clerk was instructed to request the Board of Registrars for a revised account of their needs for January. Messrs. Mitchell and Morse appeared before the Board Welfare relative to Welfare matters. Water Miscellaneous Commitment in the amount of $167.21 was signed by the Board. Commitment The meeting adjourned at 11:50 P.M. A true record, Attest : Clerk 1