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HomeMy WebLinkAbout1939-06-05312j SELECTMENIS MEETING JUNE 5, 1939. A special meeting of the Board of Selectmen was held on June 5, 1939, at 4:00 P.M. Chairman Giroux, Messrs, Potter, Locke and Sarano were present. Mr. Robert H. Merriam, Chairman of the Appropriation Committee, the Town Accountant, the Town Counsel and the Town Clerk were present. The Clerk was also present. The meeting was called to order at 4:10 P.M. The Chairman said that Robert L. Ryder had just tele- phoned and had made the request of the Board of Selectmen that it extend the time limit on the tax titles from June 15th to October 15th so that the Town might arrive at some settlement with him on the matter of the Vine Brook cases. Mr. Wrightington said that the only issue we can fight out is the question of damages -as he believed that any judge would be restive if we tried to fight further. The damages are based on the rental value per year and it is obvious that from 1931 and 1932 on, values are less than they were before the depression. In any negotiation for settle- ment, this fact should be kept in mind. His advice was to try to arrive at a settlement -as best we can, but he said ' It was entirely possible to try to get a lower assessment of damages. He said there was no change in the Charles Ryder case. It will go to judgment unless we succeed in re -opening. The amount as found by the Auditor was $255., plus interest. When the Judge figured it out, his decision was $285.75 and there has been some interest added and Mr. Wrightington-thought Ryder Lith the interest, it might amount to about $300.00. The cases. $255, was for one year and six months. The aggregate to the Lexington Estates Trust for one year two months and six days {June 5, 1930 to August 11, 1931, based on the Auditor's findings; without interest, figures $4277.10. The interest would be about $2100., making a total of approximately $6300.00. The Chairman said that R. L. Ryder told him that he be- lieved it was wrong of the Court to approve the exemptions on the length of time -and Ryder waid he was going to try to recover that. bar. Wrightington said that this referred to the'5upreme Court's sustaining his exceptions. With reference to Parcel 4, he said that that was the only finding the court was making in the name of Charles W. Ryder, and he questioned whether or not they could make any change in this. He did not see how it could be done without having a motion for a complete new trial allowed. The Chairman asked if the Town could get a new trial like that after the Supreme Court had acted on it, and Mr. Wrightington said it would be very unusual. 313 At 4;20 P.M., Mr. Raymond joined the group. The Chairman said that they wanted to bear in mind that ' they had two suits pending for damages beginning August 11, 1931 and going down to the date of the writ to 1936. He said that the issue there would simple be a question of the amount of damages. The Chairman said that there were three questions before the Board this afternoon; one, the question of instructions to Mr. Wrightington as to carrying the amounts to the Courts. (Mr. Wrightington interrupted and said that this decision of the'Judge technically called for a new trial, but practically, It is a matter of arithmitic. The question of liability will be concluded and the amount of damages will be the only question). Two,- what ihstructions the Board wants to give Mr.IWrightington regarding sdttlement. Three,- what action the Board wants to take on Ryder's request for an extension of time from June 15th in the tax title cases. Mr. Wrightington said that the tax titles which are to be foreclosed on June 15th, including 1938, total $24,324.32, plus another one of $526.62 to which should be added the 1938 tax: In addition to those Figures, Mr. Carroll has six Ryder tax titles not ready for foreclosure yet amounting to $62,000. without interest. There is one Ryder tax title amounting to about $1500, which is ready for the Land Court and there is another one of about $1500. on which some sort of an error was made. He said the total would run about $33,000. Mr. Wrightington called attention to this technicality. The big judgment is going to be in favor of Lexington Estates Trust and a lot of these tax titles stand in the name of Charles W. Ryder. He wondered if the question might arise as to whether or not the judgment for the first could be applied to the tax titles owned by the latter. However, he did not believe that that question would arise. Some of the taxes are assessed to Minnie Ryder, some to Charles W. Ryder, some to the Ryders? Stock Farm and some to the Lexington Estates Trust. The Chairman said that if the Ryders wanted to settle the whole thing, there probably would not be any question of that sort. Mr. Wrightington said that if they do not pay the taxes up, the town will get title to the property. He said that undoubtedly the Ryders would want some cash in addition to the settlement of the taxes. The Chairman asked what Mr. Wrightington's guess would be as to the probable amount of damages awarded for the ten years. Mr. Wrightington said that it would be a little less than $4,000. per year for everything and the award would be from August 11, 1931•to whatever date we settled. It would amount to about $40,000 as against $33,000 owed on tax titles. Mr. Wrihtington said that that $40,000. would be increased by about 17,000. if the Ryders succeed in having the exceptions thrown out. Mr. Potter moved that Mr. Wrightington be authorized to to negotiate with the Ryddrs or their representatives, 'try �^ for a settlement of their outstanding differences with the Town, and report to the Board as soon as possible, and that 314 pending further action by the Board, he should oppose any motion for an extension of time on the foreclosure of tax ' titles now pending in the Land Court. Mr. Sarano seconded the motion and it was so voted. Mr. Potter asked if it was within the Selectuents juris- diction to extend the time beyond June 15th without approval of the Court, and Mr. Wrightington replied in the negative. The group retired with the exception of Mr. Carroll. Mr. Carroll said that there was a large table in Mr. Paxtonts office which he would like to take to his office Table for and swap for a smaller table.' Mr. Paxton thought that the Town Clerk Planning Board owned the table and wanted it,, but he talked to that Board and they said that it did not belong to them and they never used it. He asked if the Board would hale any objection to his taking the table, and the Board had none, The meeting adjourned at 4;54 P.M. A true record, Attest; Clerk. 1 1 315 SELECTMEN'S MEETING ' JUNE 5th, 1939. Chairman Giroux, Messrs. Potter, Locke and Sarano met in the Selectmen's Room, Town Office Building, at 5=00 P.M. Mr. Wrightington and Mr. Raymond were present. The Clerk was also present. The Chairman said that a little while ago, the Board warned Mr. A. P. Rounds, contractor for the pumping station Rounds on the North Lexington Sewer project, that if he continued contract. to breaY the labor regulations, the Board would have to do everything necessary to protect the town's interests. He read a letter received from Mr. Frank H. Street, P.W.A. Resident Engineer Inspector, stating that on May 11th, there were six men who worked over -time, without permission from the State Dept. of Labor & Industry or the Public Works Administration. He thought that the Board should have Mr. Wrightington advise Rounds formally that if he continued to violate the regulations and the town was caused any trouble, that the Town would take whatever action necessary to protect its interests. Mr. Locke moved that Mr. Wrightington be instructed to do that. Mr. Potter seconded the motion and it was so voted. The Chairman read the report of Neil McIntosh, appralsor for the Town on the claim of George E. Ham in connection with the Vine Brook Drainage project. Mr. McIntosh found damages for Mr. Ham in the amount of $1,000. The Town awarded him $1150.00 previously but he wants $3,500. Mr. Wrightington Ham asked if any suit had been brought as yet, and the Ch.airzkan claim, answered in the negative, telling him that Mr. Ham had written a letter to the Selectmen stating that his claim was $3,500. Mr. Potter suggested that Mr. Ham be advised bf Mr. McIntosh's findings, and it was decided to request Mr. Ray- mond to talk with Ham and so advise him. Letter was received from the Town Counsel stating that on May 24th he went to Concord to try the cases of Lexington vs. Friend Bros., Inc. and Friend Bros. Inc., vs. Lexington, arising out of a collision of trucks at Forest and Clark Friend Streets on January 24th. Before going to trial, the attorney Bros. for Friend Brothers, Inc. offered to settle for $350.00 and suit, cash disbursements. He had previously talked with Joseph Ross and got his approval of that figure, but was unable at the last moment to communicate with any members of the Board. He took the responsibility of agreeing on an adjustment for that amount, and hoped to have the check before long. He enclosed bills for the witnesses and said the other dis- ' bursements would appear on his bill. 316 Letter was received from the Town Counsel enclosing a bill in the amount of $289.35 for the stenographic record ' Cataldo on the Cataldo vs. Lexington case. He said there was not case* enough money in the Law Dept. Expenses account to provide for this and supposed it would be necessary to ask the Appropriation Committee for a transfer. It was decided not to ask for a transfer until Mr, Wri ghtington's bill in the Friend case was received. Mr. Raymond stated that the Chamber of Commerce wanted to use Estabrook Hall on June 1st and he took the respons- ibility of giving his approval. Mr. Potter moved that Mr. Use of Raymond's action be approved. Mr. Locke seconded the station Hall. and it was so voted. Mr. Raymond said that Gwendolyn Johnson wanted to use Estabrook Hall on June 23rd.from 8 to 9 P.M. for a piano recital. The fee last year was $10.00. Mr. Potter moved that the use of the hall be granted subject to the same fee. Mr. Locke seconded the motion and it was so voted. The Chairman said that C. W. Ryder called him and Mr. Vine Brook Raymond, and made the suggestion that the line of the Vine project. Brook conduit be straightened and that the Baker house be condemned and a sixty foot street provided alang the channel. Mr. Raymond said that the taking allowed for a fifty foot street. He thought that a fifty foot street was all that ever would be needed there and he did not believe that any ' change could be made without authority of the Town Meeting. Ryder's argument is that this would take traffic out of Lexington center. No action was taken on the matter. Mr. Raymond presented a recommendation from Metcalf & Eddy for an extra} work order on Contract 4, No, Lexington North Lex. Sewer, in the matter of excavation below grade and gravel Sewer. refill. He approved it and recommended that the Board sign the change order. Mr. Potter moved that the change. order be approved and signed. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said he had another recommendation from Vine Brook Metcalf & Eddy that the time limit in the Salvucci contract project. for completing the work in Burnhamts.land, be increased from 35 to 90 days. He approved it and recommended that the Board sign the order, Mr. Locke moved that the change order be approved and signed. Mr. Potter seconded the motion and it was so voted. Mr. Raymond read a letter to the Board from Perez Arvigdor requesting permission to remove a stone wall bound - Wall on Ing his land and the street line on Wood Street. There was Wood St. a heavy stone wall which was apparently put in when Wood Stret was built a few .years ago. It is on Town property and , the land behind the wall is lower than the street grade. ' Mr. Avigdor wanted to fill in the hollow and he said he would replace the stone wall with occasional large boulders placed five or six feet apart. Mr. Reymond said he would approve it if the boulders were put on Avigdor's own land. Mr. Potter moved that it be approved subject to Mr. Ray= mond's approval. Mr. Saran seconded the motion and it was so voted. L 1 Mr. Raymond said that DiMarco & Ciccone were going to ask permission to erect a fence substantially in the center of Mass. Avenue starting just to the right of the exit drive ,from the Town Office Building and running down nearly to the fr6nt;'_wiL1k of the Post dfffee _wlthin -vbich they intend to confine their work during the first half of the crossing of Mass. Avenue. The contractor requested the Board to auth- orize Mr. Raymond to permit him to do this when Mr. Raymond was satisfied that he could do it all right. Mr. Potter moved that Mr. Raymond be authorized to permit the con- tractor to erect a fence or any precautionary measure he believes necessary. Mr. Locke seconded the motion, and it was so voted. Mr. Raymond said he talked with Mrs. Brace of North Street who is coming in tonight. He thought that she would have enough figures so that after seeing them, the Board could judge whether or not the allowance was ade- quate. The Clerk showed the Board the form of street permit now in use in the Public Works Department. It was de- cided to request Mr. Raymond to issue these permits when any persons wish to obstruct the sidewalk. 317 Vine Brook Project Bruce claire Sidewalk permits Letter was received from George F. Harrington re- questing that the Town fill in the gullet' near his house which is located at the corner of Follen Road and Smith Request Avenue. It was decided to send Mr. Raymond a copy of the for fill letter and request him to report on the matter at the next meeting. Letter was received from Norman Hooper, District Fire Chief, stating that it would be inadvisable to have the firemen paint the East Lexington Fire Station. The State Law requires at least one licensed rigger on the Painting job, and further, the equipment must be approved by the E. Lex. State Inspector. Mr. Hooper said that there was not Fire Sta. sufficient money in th b appropriation to buy the paint. The Clerk was instructed to send a copy of the letter to Mr. Eugene L. Morgan, vdio suggested that the fireman paint the station. Letter was received from Tax Commissioner Long stating that on or about June 19th, a check covering the amount due Highway the Town from the Highway Fund would be mailed the Town Fund Treasurer. The Clerk was instructed to find out from the Town Counsel whether or not it would be necessary to insert an article in the Vlarrant f or the acceptance of this money and permission to apply it to the Highway Maintenance appropriation. 318 c A list of unlicensed dogs as of June 1st was re- ' Unlicensed ceived from the Town Clerk. Mr. Potter moved that the dogs list be turned over to the Dog Officer for collection. Air. Locke seconded the motion and it was so voted. Application for a Sunday Sales license was re - License ceived from the David H. Buttrick Co. of Arlington, to be used at 384 Bedford Street. Mr. Potter moved that the license be granted. Mr. Locke seconded the motion and it was so voted. Application for a Public Carriage License was re ceived from John Ellis Timothy of 442 Waltham Street. License Air. Potter moved that the license be granted subject to the filing of a proper bond. fir. Locke seconded the motion and it was so voted. Board of Appeals order granting permission to Thomas A. and Mary Napoli to maintain a roadside stand on Marrett Road was received by the Board. Board of Board of Appeals order granting permission to the Appeals Town of Lexington to construct and maintain a sewage Permits pumping station on Myrtle Street was received by the Board. Letter was received from the Town Treasurer requesting , that the Board authorise a borrowing of $1000000.00 in anticipation of revenue. Mr. Locke moved that the Treas- Notes urer be authorized to receive bids until 7;30 P. M. on June 19, 1939, the notes to be dated June 20, 1939 and payable December 28, 1939. Mr. Potter seconded the motion, and it was so voted. Commit- Commitmentf • Water liens in the amount of $324.64 was ment signed by the Board. Report of the Retirement Board for the month -of May was Report received. Request was received from the Allied Veterans Council for permission to allow the Boy Scouts to hold a flag Flag ceremony on the Common on June 14th, Mr. Saran moved that Ceremony permission be granted. Mr. Potter seconded the motion and it was so voted. Mr. Potter brought up the matter of Officer Barry's resignation. He said that in 1938 Officer Barry got into trouble and at that time, the Board requested his undated resignation. However, Barry has behaved very well and because of the fact that only Mr. Giroux and himself were' Selectmen serving now who were on the Board when the punish.- ' 319 ' ment was allotted, he thought that It would be wise to return the resignation to Barry. Mr. Potter moved that Officer Barry's resignation be returned to him by the Barryrs Chairman, and that he tell Barry that the Board apprec- Resignation iated his good behavior. Mr. Saran seconded the motion, and it was so voted. Mr. Potter brought up the matter of 'fax titieproperty. He said that he wished that the Board could dispose of it Tax title and get it back into taxation. The Board decided to hold property the matter over for a couple of ,seeks. The meeting adjourned at 5140 P. M. A true record, Attest; Clerk 7 L LI 320 SELECTMENIS MEETING ' June 5, 1939 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, Rowse, Locke and Sarano were present. The Clerk was also present. Mr. & Mrs. Robert Bruce of North Street appeared ". fore the Board. The Chairman said that they were here in connection with their claim for damages'on account of the Vine Brook work. He said that their well would be flooded and it would be necessary to build a new one and also to build a new cesspool. Mr. Bruce sdbmitted the following bids for constructing a new well and a new cesspool; Jesse Curra $130.00 James J. Donehay 243.00 B.J.Harrington 160.00 Bruce A. Ross & Sop 372.50 claim The Chairman told them that the Board would have the Town Engineer make certain that the bidders would take care of what should be done to remedy their trouble, and would advise the Bruces as to how the matter stood. They retired* , The Chairman suggested that the matter be turned over to Mr. Raymond and the Board approve a sum not to exceed $200.00 to do the work. The matter was left that way. At 8=00 P. M. hearing was declared open on the appli- cation of Arthur DeVincent for permission to install an DeVincent underground tank for the storage of 500 gallons of gasoline gas hear- on the premises located at 990 Waltham Street. No one ing appeared in favor or in opposition. Mr. Rowse moved that the permit be granted subject to the approval of the Fire Department. Mr. Potter seconded the motion and it was so voted. Mr. Harold B. Lamont of 20 Winthrop Road appeared before the Board. He presented a document expressing a desire for a $30. tax rate in 1940. He said he was for- mally presenting it to the Board to look at, but he did not intend to leave it with the Board. He said he had to present it to two or three other boards and that after it was all over, the Selectmen could look it over. The Chairman asked if he had any objection to having a copy of it made, and the original returned to him. Mr. Lamont said that the only reason he did not wish to leave it was that a number of men who signed it, asked what was going to be done with it, and he replied that he was going to ' show it to the Board of Selectmen and the Appropriation 321 Committee and the School Committee and after that he was ' going to keep it and that was satisfactory to the signers. If he did anything else with it, he would have to ask their permission. There are 145 signatures of which 143 are those of Town Meeting Members. 49 of the signers' terms expire in 1940 and he will check up with them to find out if they are going to run again. Mr. Lamont said that this was not an attack on the way the town was being run nor a criticism of ,what had been done, but an attempt to lower the tax rate. He said he thought the only way to end the depression was to lower taxes and believed that they should start in one►s own home town. He said that he took the attitude that if a person►s salary was -a certain amount and some accident occurred or sickness befell the person, his business did not raise his salary because of the expense of the sickness, so the Town cannot use the excuse that the State had added two or three dollars more this year than was anticipated. He said that real estate was not worth what it was assessed for and that it would not get back to what it was assessed before the de- pression until the tax rate is reduced. He said he thought it most important that we get back the value of our real estate. He believed the greatest indication that our tax rate was too high was the accumulation of uncollected taxes. He said it was not necessary for the Town Meeting members to petition the Board of Selectmen to do anything. Mr. Rowse said that he had put a great deal of time in the past few years ' on town affairs and had constantly endeavored to bring down Lemont re costs. He said he remembered that in some instances Mr. tax rate. Lamont voted for expenditures that he was not in favor of. He said that because of the P.W.A. projects and principally be- cause of the State Tax and general conditions, everybody was finding it almost impossible to pay expenses. Mr. Rowse said that he had read a letter from Mr. Lamont sent to the local paper criticising the move on the part of the Town officials to get a consensus of opinion as to what the towns- people would be willing to do without in order to have a 030. tax rate. He said he also understood that Mr. Lamont had no desire to reduce salaries. Mr. Lamont said that what he said was that these people who signed -this document had no desire to pick on any department or to advocate the reduction of salariep. They know nothing about how to run the Town as a whole and they consider that the department heads ought to do what is necessary to come within a 430. budget and if they do not know how to do that, then they have all this year to find out. It is up to the department heads. Mr. Rowse said he felt that through the Selectmen and Appropriation Committee, all departments had been watched very closely and if he compared, he would find that our costs of operation were not in excess of what they were six, eight or ten years ago. He said it was not possible to bring ' the tax rate down to $30. without materially reducing salaries and without eliminating services the Town has been used to. Mr. Lamont said that there were 144 signers who were willing to do without services. Mr. Potter said that he was going to take exception to .( He said that this document was not a petition but a request. 322 that statement as several of the signers had told him that they were sorry they had ever signed the paper. The Chairman said he did not believe that we could out the maintenance in our major departments such as Highway Maintenance. He said it was very poor policy to let your roads go as it would only mean a great deal of construction in a few years. Mr. Lamont said he could not understand why,the Selectmen were against this move when they had the expressed opinion of 70% of the Town Meeting Members and when they knew he could get 150 signatures. The Chairman said that the Selectmen would like to know what the general trend of opinion was on how to accomplish this. Mr. Lamont said that the only thing left to be done was to draw up a program which would call for a $30. tax rate. He asked why the town should object to doing without luxuries when they had to do without luxuries in their private lives., Mr. Rowse said he believed that the whole story should be placed before the voters, that is, advice as to just what would have to be given up in order to accomplish the $30. tax rate. Secondly, he thought the papers should be presimtnd formally to the Board of Selectmen, they being the governing body. The Chairman said he thought the only thing to do was to go along until after the State Legislation had been com- pleted and the Board knew what the State was going to do. He said that a Town Meeting wou;d be called as soon as possible after that. Mr. Rowse said that there was a welfare and W.P.A. situation in the town and if a group of persons got, together and did something to rehabilitate those persons, they would be doing the town really good service. Mr. Lamont retired at 8:30 P.M. The Clerk retired. Mr. George Morse appeared before the Board. He said that he had put in a great deal of extre time on welfare matters and had never received any reimbursement. He had Morse not taken any vacation and requested that he be reimbursed salary for overtime in the amount of $60.00. He said that there were funds available in the Public Welfare and Old Age Assistance appropriations. Mr. Locke moved that Mr. Morse be reimbursed in the amount of $60. for overtime services rendered from Jan. 1st through. May 31st in the amount of $60., this to be paid one-half from the Public Welfare appropriation and the other half from the Old Age Assistance appropriation. Mr. Sarano seconded the motion and it was ago voted. Welfare. Messrs. Mitchell and Morse appeared bef ore the Board relative to Welfare matters. The meeting adjourned at 9:30 P.M. A true record, Attest: Clerk. 1 1 1