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HomeMy WebLinkAbout1939-09-25 439 SELECTMEN' S MEETING SEPT. 25, 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, Sarano and Locke were present. The Clerk was also present . Letter was received from the Town Counsel relative to proposed changes in civil service requirements for town public welfare departments. He said he knew of no recent Mass . Statute on the subject. He talked with a Mr. Alsvach of the Social Security Board, who said that Com- missioner Armstrong 's address related to an amendment to the Federal Social Security Act which Congress enacted last year. That amendment authorizes the Federal Social Security Board to impose certain requirements on the states as a condition of receiving the Federal Aid which the act grants, and the particular requirements which it may impose may include standards of administration and qualification of Public personnel. It is evidently the mare step in the encroachments Welfare of the Federal government on local affairs and in the social and W.P.A. program of those now in authority to control ultimately from Washington, all relief. The important part is that the State plan after next January must provide personnel standards on a merit basis, but this is followed by an express ex- clusion of the Federal authority with respect to selection, tenure of office and compensation. Mr. Wrightington said that he knew of no law which would prevent placing one man at the head of the Public Welfare and W.P.A. departments and the State Welfare Department knows of no prohibition. Mr. Delaney, head of the W.P.A. in Boston, said he saw no objection to it. Mr. Roise said a classmate of his at Exeter had charge of the reorganization of the State Welfare Department This man told him that cities and towns were picking people from the welfare rolls to handle the work and these people knew nothing about the business and the State was trying to elim- inate that . Mr. Rowse asked him the difference between civil service and the merit system, and his friend replied that the difference was that the person must be efficient in his par- ticular job and if he was, he would merit advantage. There is no statute on it. The State wants the authority to say that a man will not do if he is not efficient as he is handling State and Federal money. 'Khat it amounts to is that the State wants a check on the town's selection of public wel- fare employees. The Chairman informed the Board that Clayton Beach had had a heart attack last Friday and was seriously ill, and his wife said she does not know how he will react to treatment. He said that Mr. Raymond had placed Mr. Cosgrove temporarily in charge of W.P.A. during Mr. Beach's absence. He said that Mr. Beach questioned whether he would be able to serve as head 440 zzv of the welfare and W.P.A. departments because of his age and ability to qualify under the new State requirements. Mr. Locke moved that Mr. Raymond' s action in appointing Mr. Cosgrove temporarily in charge of W.P.A. be confirmed. Mr. Rowse seconddd the motion and it was so voted. Mr. Sarano moved that Mr. Beach's salary be continued until further notice. Mr. Potter seconded the motion and it was so voted. Mr. Wrightington and Mr. Raymond appeared before the Board. Mr. Wrightington said he wished to discuss the Federal Farm Mortgage Corp. cases which have to do with the Millican farm at Burlington Street and the taking for the North Lexington Seger. The Federal Farm Mortgage Corp. has employed Charles Gleason as anexpert and a man named Fed. Farm Tinkham from Rhode Island, Mr. Graham the local representa- Mortgage tive, and the attorney for the company met with Mr. Wrighting- Corp. cases, ton last week. Mr. Raymond and Mr. McIntosh were with Mr. Wrightington. The only figure they had mentioned previously for settlement was $9000. and that was before they got the report from Mr. Gleason. His figure was $4861. They stated they would recommend a settlement of $ 6,000. and that was their lowest figure. They said that they would have to go to trial if they did not get that sum. McIntosh has given a preliminary draft of his appraisal and he finds a damage of $1464.13, without taking into account the obligation we are under to restore the surface to the original condition which they thought would take about 01200. Mr. Raymond' s estimate from Prof. Dempsey for restoring the loam over the areas over which we worked was $73, per acre, a total of something over $200 . The Federal Farm Mortgage people said that the surface of the two easements had been good farm land before and that the tractor had mixed in a lot of gravel with the loam so that the surface is unfit for cultivation. Mr. Rowse moved that the Town offer to settle for the sum of $2,000. Mr. Sarano seconded the motion and it was so voted. Mr. Wrightington said he did not believe he would get a reply from them until two weeks from tonight. He said he Town would like to have a Town Meeting early in November to take Meeting. up the matter of abandoning easements no longer needed, and Mr. Raymond said that at the same time, the question of accepting the Act of the Legislature enabling the Town to do work under the .'d.P.A. should be considered. Mr. Wrightington said that Mrs. Esther R. Barnes sued the contractor for :1,000. for alleged danages resulting from work on Vine Brook in her own name and also sued for Barnes $1,000. in the name of the heirs. Now they have sued us suits. for the taking, but Mr. Wrightington said there was an ease- ment of some kind there anyway. He said the immediate question was whether or not we should employ an expert in the cases. Mrs. Barnes is claiming damages because of trees that were removed. Mr. Raymond suggested Mr. Roy Keene of Fletcher Ave. as an expert. The Chairman suggested that the Town do nothing until after we find out what the contractor does on the cases. 441 Mr. Wrightington said that some time ago the Town brought suit against Walter J. Brown, a welfare recipient, Brown in order to keep its rights alive. This man was struck case. by a street car, and Robert Bushnell was his attornsy. He has now settled for $8,358.04. The figure Mr. Wrightington had in his declaration was $1396.01, this being the amount of aid given to the man alone. There was a deduction for value of services rendered. Bushnell took out for his ser- vices $2775.00 plus $208.05 for disbursements, making a total of $3183.05. Mrs. Brown received a little over $5, 300. as guardian for her husband, who is now in a State hospital for the insane. $1405. more is to come out of the $5, 000. and she will have to pay for a bond premium. Mr. Businell has requested that the Town take $1,000. and call the matter off. Mr. Rowse moved that Mr. Wrightington be authorized to settle the case for $1,000. Mr. Potter seconded the motion and it was so voted. Mr. Wrightington said that the Menotomy Trust Co. loam case was on the way to the Supreme Court. He discussed it witz Mr. Bailey, who said he was not interested in purusing Loam it further, and with the Clerk of the Supreme Court who said case. he oelieved Mr. Wrightington had a perfect right to go ahead and argue the case . There was one loam case in the Lower Court in New York and that was decided against the munici- pality. It will not cost much more to file a brief, but we will run the risk of an adverse decision. Mr. Sarano suggested an amendment to the By-laws be presented. Mr. Rowse thought that the matter should be discussed with the Plan- ning Board and as they were meeting upstairs, Mr. Wrighting- ton went to talk the matter over with them. He returned and sail that the members were all agreed that they would like to have the Supreme Court decide the matter before the Town tried to pass another by-law. The printing bill would be about $50. but there will be no expense for additional time as the work is all done. Mr. Rowse moved that Mr. Wrightington be instructed to proceed to take the case to the Supreme Court. Mr. Potter seconded the motion and it was so voted. Mr. Robert C. Lee appeared before the Board. He said that he had written a letter to the Chairman requesting peraission to tek e the insurance policies and have his company try to find flaws, ommissions, errors, etc. in them, in Insurance other words, to make an analysis of the policies . The Chairman said that that he really would like to do was to get authority from the Board to take the policies and make a study of them. He told Lee that the Board would discuss the matter with Mr. Raymond. Mr. Rowse said that some time ago, Mr. Lee criticized the Selectmen for neglecting the Employers ' Group, and he said that that criticism was un- warranted. Lee said that he did not criticize the Board for that, but he did say that he did not believe that the 442 tcl Employers ' Group was getting a fair share of the fire in- surance. He said that the Employers ' Fire Insurance Co. and the Employers ' Group were two different and separate companies. Mr. Lee said that our total premium for five years was 018,000. and only 0300. was paid to the Employers' Group. Mr. Rowse said that all of the policies with the Employers ' including automobile policies , totaled about 06,000. He said that Lee ' s problem was to work with the agents in the tDwn and try to get them to place some of the insurance with the Employers ' Group as the Board places the insurance with brokers . Mr. Lee said his interest was two- fold; he would like to get some insurance for himself, and also to do whatever he could to get more business for the Employers ' Group. He retired. The Clerk was instructed to request Mr. J. Henry Duffy, a Vice President in the Employers ' Fire Insurance Co. , to appear at the next meeting to discuss insurance matters. Mr. Frank Bonano, low bidder on the garbage contract, a Mr. Wilson and a Mr. Leary of the Aetna Casualty Co. , appeared before the Board. Mr. Potter said that Bieren, the last contractor, bid 04,000. a year and this year has asked 06,000. and explained that the two previous low bidders had submitted much higher bids the second time. Bonano said he figured having a larger truck with a hoist and said that his facilities for dumping were much better than those being used now. He said he was planning to dump the garbage and not to shovel it. Mr. Potter asked if a dump truck could be made water-tight and Bonano said he was sure it could. There would be no tail board. Mr. Potter asked if he had ever done this work before and Mr . Bonano answered in the negative. Mr. Potter asked if he planned on feeding it to his own hogs. Bonano said he had some hogs to feed it to and another arrangement to sell the balance in Waltham. mr. Potter asked if he thought he would have any trouble disposing of it. aonana said he did not and had arranged to dispose of it Garbage in Waltham if he got the eontratc. Mr. Potter asked why he-went contract. to Waltham to dispose of it, and Bonano said that that was Where the hogs were. Mr. Rowse asked what equipment he had. Bonano said he had two trucks now doing dump work one a Sterling truck nine months old for which he paid x,5,000. and the other a White truck, purchased in 1938. He said he was going to buy another truck for the garbage collection if there was enough work. Mr. Rowse asked if he had a financial statement to present and Bonano said that all his bills were paid with the exception of 050, to the Standard Oil Co. , plus 050. due the tire man, plus the notes on the truck. He presented letters of recommendation from various persons Mr. Potter asked if he intended to pick up the garbage with one truck. Bonano said he was going to have a seiten- yard body truck and could put on two more trucks if necessary. Mr. Potter asked if he figured on using two trucks when he figured the job, and he said that he did. He figured on using two trucks with four men, two men to a truck. He then 443 said he was going to use one large truck and if necessary add a small truck. Mr. Potter said that a seven-yard truck would carry 189 cubic feet and that is more garbage than is collected in the town per day so that his estimate of what was to be collected was far out of line. He asked if Bonano was planning to hire Lexington men and he replied in the affirmative. He asked what he planned to pay them, and he said he figured on paying $24. per week. Mr. Potter told Bonano that according to the figures given tonight, he did not have any basis for his bid and it was merely a gamble on his part. Mr. Rowse requested the man to present a fin- ancial statement and he said that he would. They retired. Mr. Edward Connors appeared before the Board. The Chairman asked him if he had hogs now and he said that he did and kept them in Burlington, but he lived in Lexington. The Chairman asked how he planned to handle the work. Mr. Connors said he intended to put on two trucks in the morning with two men, one truck in the afternoon with two or three men. He figured he would collect about one and a half cords of gar- bage a day. When asked about equipment he said he had some but figured on buying another truck if he was awarded the contract, and would get a one and a half ton truck. The Chairman asked him if he would care to submit a financial statement, and he said that he would. He retired. Mr. Frank Dias appeared before the Board. He lives on Concord Ave. Mr. Potter asked how long he had been keeping pigs and he said he had been keeping them for ten years. Mr. Potter asked if he had ever collected garbage before and he said that he had not, that he always bought his garbage. Mr. Potter asked how much garbage he thought he would get, and he said he thought there would be about two cords. He said that he had a Diamond truck now and if he got the job he would buy a new one. He planned to use two trucks and four men. Mr. Potter asked if he figured on hiring Lexington men and he said that he did and he figured on paying them $25. and $28. He Would employ three men regularly and he would be the spare man. He retired. The Chairman said that he had talked with George Emery whose idea was that if the Town wanted to save money, it might be wise to hold up letting this contract for six months or until such time as a Town Meeting had a chance to vote on doing away with garbage collection as part of its economy program. The Chairman said he told Mr, Emery he thought the citizens would not do what old-time citizens had done, that is dispose of the garbage themselves. The Chairman said that we might be going into a war period and that possibly this "cash and carry" act might be passed and if so,there was a possibility of at least somewhat higher prices for livestock. There has been no move yet to suppress profits but there may be larger profits in pigs and he wondered if it might not be wise to hold up the letting of this contract until we have had time to watch developments . He said he could not see that we would be risking anything but there might be such a rise in commodities that a contractor might bid lower. He said that Mr. Bieren had called on him and asked if the contract could 444 et be extended for three months if it was not awarded to him this year. This would be so that he could be given an opportunity to get rid of his pigs. Mr. Potter said that going back to doing away with the collection of garbage, the contractor gets one and a half cents per collection and a private contractor would want at least ten or fifteen cents a collection. He said he did not believe the Town would write any better contract by waiting and said that this was the logical time for awarding it. He said that they could not extend Bieren's contract without advertising for new bids, etc. Mr. Raymond said that according to law, you have to advertise anything over 51,000. Bieren would have to take out new workmen's compensation insurance, etc. and he thought now was the logical time to award the contract. Mr. Bieren appeared before the Board. He retested the Board to extend the contract for a couple of months if poss- ible. He said that he had worked with the Board practically 100%. He has been asked not to work his men certain holidays and he did not work them, and also he paid them a little better than prevailing wages. The men lost no money on account of sickness . He said that they had lost money on the contract but had carried it on for the three years, but that is the reason his bid is so much higher this year. He said he felt that he had done the best job of any contractor so far. He said that of course there were come complaints, but not all of them were justifiable ones. He said he would like an ex- tension of two months in order to clean up the business. Mr. Rowse asked if the clause in the contract relative to the :5. fine for each complaint had any bearing on his bid, and Mr. Bieren said it influenced him somewhat. Mr. Rowse asked how much money he had lost in the three years, and Mr. Bieren said he had lost a total of $6,000. When they took the con tract they had about 800 houses to collect from and he said that that number increased from two hundred to four hundred. He said he did not mean that there were that many new houses, but that included people who had moved into vacant houses and people who had formerly kept pigs and disposed of their garbage and had gotten rid of them and wanted their garbage collected. Mr. Rowse asked if he took into consideration the possible increase in the price of hogs and he replied in the affirmative. Mr. Bieren said that if the Board extended his contract for two months on the basis of $4,000. per year only, he would not consider the extension. He said he cold not aford to do it at that price. He retired. Mr. Potter moved that the contract be awarded to Connors Brothers at their price of $15,600. for the three years on the basis that payments were to b e made as follows : $5,000 for the first year and $5300. for the next two years, the payment for the balance of this year not to exceed the amount of money left in the appropriation. Mr. Sarano seconded the motion and it was so voted. 445 Mr. Raymond said he would like the Board's opinion as to whether or not they wished to spend $25. for putting in a new hydrant on Robbins Road just because it did not Hydrant- Robbins right. It was put in before the street was graded and Robbins now sticks up in the air about fourteen inches more than a Road. normal hydrant. Mr. Locke moved that the hydrant be re- placed and the expense charged to the Water Maintenance Account. Mr. Sarano seconded the motion and it was so voted. Mr. Raymond said that Frank Canessa had requested the extension of a water main in Emerald Street. Mr. Raymond Water - read from a letter from Mr. Wrightington stating that there Emerald was no way that all of the assessments could be levied on St. one owner and this is that Canessa said he wanted done. The cost for doing this is $3,000. and the assessment would be about $600. It would be necessary to go through a lot of ledge and the job would cost much more than an ordinary ex- tension. He gets his water now from a service on Bellflower Street. Mr. Rowse moved that the request be disapproved. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said that the Lexington Grange had re- quested the use of Cary Hall on Sept. 29th for a Fair. Mr. Use of Locke moved that the use of the hall be granted subject to hall. a charge of $15.00. Mr. Sarano seconded the motion and it was so voted. Mr. Raymond reported that the Parent-Teachers Assoc. had requested the use of Estabrook Hall on November 6th for a meeting. -Mr. Sarano moved that the use of the hall be granted free of charge. Mr. Locke seconded the motion and it was so voted. Letter was received from Mrs. Walter E. Sands re- questing permission to erect a hedge across the front of her property along the tree line, which is about four feet be- yond the markers of her land, and into the Town land. She Request tc said she understood that any sidewalk construction at a plant later date would entail chopping down the proposed hedge. hedge. Mr. Raymond recommended that the permit be granted with the understanding that there is no liability on the part of the Town for damages resulting from the operation of town equip- ment near the hedge. Mr. Sarano moved that the Superintendent's recommendation be approved. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond said that Spring Street was in very bad shape and he was considering putting up two "Slow-Rough Road" signs, but Mr. Wrightington said that putting up signs does not relieve the town of lability and that it was up Spring to the Selectmen to find funds to repair the street. Mr. Street Raymond thought that the Selectmen should look over the street and decide what was going to be done. It has gone beyond the patching stage. Mr. Rowse suggested making it a W.P.A. project, but Mr. Raymond said that that was all right but probably they would not get to it until about 1941. He thought there should be $1200. provided anyway and this • i I 446 cri figure does not include drainage . It was decided to hold the matter over for one week. Supt. to Mr. Raymond said that he had been requested to give speak at the facts of the cost of the trunk line and North Lexington Rotary Club.Sewer projects before the Rotary Club next Monday and asked if the Board had any objection. The Board had no objection. 4r. Raymond reported that the Town Engineer had done Town practically all the contact work getting releases from prop Engineer - erty owners where we have taken rights of way and easements Notary and a great deal of time can be saved in the future if he Public. becomes a Notary Public. He says that if the town will take care of the expense, he will agree to handle the work. Mr. Raymond thought the fee was about O. and a seal will cost about 5. or 06. . He would recommend that an expenditure of about 15 . be approved to be paidfrom the Engineering Dept. expenses account. Mr. Locke moved that this be approved. Mr. Sarano seconded the motion and it was so voted. Mr. Raymond reported that he was not going to have enough money to repair and paint the Barnes house. He allowed $250. in his budget for this work but has had some repair expenses already and his estimate for the telephone Painting was very poor. He had to spend $107. to repair the sprinkler Barnes system in the Cary Memorial Building. He said he did not house - think the painting of the Barnes house should go over to next Money. year, but if he spends the 4250. from the appropriation, he will be short that much at the end of the year. He figured that what happened to the sprinkler system was an emergency. Mr. Rowse moved that the Selectmen approve the expenditure of $250. for repairing and painting the Barnes property and that the Appropriation Committee be requested to transfer this amount from the Reserve Fund and that Mr. Raymond appear before the next meeting of the Appropriation Committee and explain the matter to that body. Mr. Sarano seconded the motion and it was so voted. Mr. Raymond reported that fire insurance policy under blanket schedule in the amount of q$20,000. expired on Oct. Insurance. 2nd through the office of Elmer A. Lord & Co. Mr. Rowse moved that the policy be renewed for five years through the same company. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said he had been unable to find out what the Taylor car intention of the Board was in regard to the insurance on insurance Chief Taylor' s car. He paid nothing in 1938 and in 1937 he paid what it would have cost to insure it as a private car. Mr. Potter moved that Chief Taylor be charged for 1938 and 1939 in accordance with the understanding in 1937. Mr. Locke seconded the motion and it was so voted. 447 Letter was received from Julia A. McCaffrey of Water pipe 33 Parker Street requesting the Selectmen to remove the McCaffrey water pipe that runs from Parker Street to the phyground property through her property. Miss McCaffrey said that for some time she had been wanting to dispose of the land but had been unable to do so. She said she now had a prospective buyer, but the person insists that the pipe be removed before the deal is closed. Miss McCaffrey referred to a license granted to the Town by Miss Ada C. Owens on June 12, 1912. Mr. Ray- mond recommended that the Town make a taking where the water pipe is and award damages. He did not believe that the lot would be damaged to any great extent. The Chairman suggested that a copy of the agreement and a copy of Miss McCaffrey's letter be sent to Mr. Wrightington for his opinion on the matter. Letter was received from Helen C. Whittemore advising that fire insurance policy under blanket schedule in the Insurance amount of $10,000. expired on Oct. 22nd through the Employers' Fire Ins. Co. Mr. Locke moved that the policy be renewed through the office of Mrs. Whittemore. Mr. Rowse seconded the motion and it was so voted. Petition for an estimate of the cost of constructing Wachusetts Drive and Wachusetts Circle was received. The Wachusetts petition was signed by eight property owners. Mr. Rowse Drive and moved that Mr. Raymond be instructed to make surveys and Circle. prepare estimates of the cost of constructing these streets. Copy of a letter from Mr. Wrightington to Mr. Raymond regarding the claim of Hannah M. Balmer was received. He Balmer agreed that the thing to do was to collect from the con- claim tractor the amount of the claim by deducting from money due him from the town. Mr. Raymond said that he had already deducted the amount of this claim. Mr. Raymond said he wished to discuss the matter of the Russell damages to a guard rail on Lowell Street. Mr. Russell Paxton has interviewed an eye witness and finds that Russell case. was not at fault so we could not collect an award from him. It is possible that we might get an award from the insurors of the other truck but Mr. Raymond recommended that the matter be forgotten and that if we get a notice that a trial is being held, that Mr. Wrightington be notified that the Town does not want to push the case. Mr. Rowse moved that Mr. Raymond's recommendation be approved. Mr. Locke seconded the motion and it was so voted. A bill in the amount of X28.50 was received from Mr. Wrightington for his services in the case of Lexington vs. Bill in Paul Kelley. Mr. Rowse moved that the bill be approved. Kelley Mr. Potter seconded the motion and it was so voted. case. Letter was received from Jesse Ferreira of 806 Wal- tham Street, offering to purchase lots 27 and 28 in 448 C" PV Section 1, Farmhurst, for the sum of 450. Mr. Potter said Offer for that he had viewed the lots and he suggested that Ferreira property. be notified that the Town would accept 6100. for both of them. Mr. Rowse moved that Mr. Potter's suggestion be approved. Mr. Sarano seconded the motion and it was so voted. In the matter of Edward Casey' s application for a per- Casey - mit to keep pigs, Mr. Potter said that he and Mr. Sarano pig viewed the premises and agreed that the people in the permit . neighborhood should be contacted to see if they had any objection, and if not that the permit be granted. Mr. Locke moved that the application be denied. Mr. Rowse seconded the motion and it was so voted. Two writs totaling 62,000. were served upon the Town Writs. Clerk on behalf of the City of Somerville for welfare bills. Mr. Locke moved that the matters be referred to Mr. Wright- ington for action. Mr. Rowse seconded the motion and it was so voted. Sunday Golf license for the month of October was signed License. for Bean's Golf Driving Range. The following were signed by the Board: Commitments Commitment of Water Miscellaneous Charges - $41.65 Commitment of Water Liens 146.73 Mr. Potter moved that the Board determine that the value of the parcels on Robbins Road had been benefitted in Sewer the following amounts : Betterment SEWER BETTERMENT ASSESSMENT No. Name Street No. Assessment 1216 Clara Downes 25 6160.00 Mr. Locke seconded the motion and it was so voted. Mr. Potter moved that the Board determine that the value of the parcels on Robbins Road, Crescent Road and Water Sheridan Street had been benefitted in the following amounts : Betterment WATER BETTERMENT ASSESSMENTS Assessments. No. Name Location Lot No. Assessments 158 Mary D. Hatch Crescent Road 35 $90.00 159 Mary D.Hatch " " 26 95.18 160 'Clara Downes Robbins Road 25 72.90 161 James L. Douglass Sheridan St. 1 ( Pd. ) 72.00 Mr. Locke seconded the motion and it was so voted. Certifi- Mr. Potter moved that the Board certify a list of better- cation of meat assessments in the amounts as listed above for the Board Assessments.of Assessors . Mr. Locke seconded the motion and it was so voted. ' 449 Letter was received from Mr. Wrightington regarding the use of the Rest Inn as a sanatorium. He stated that Lexington if the occupants were using the place as a sanatorium, Inn. they should obtain a permit from the Board of Appeals . If they fail to make this epplication after a reasonable time after being informed of that requirement, a bill in equity may be filed to enjoin them from operating as a sanatorium in violation of the Zoning By-law. Letter was received from Nelson B. Fleming of 10 Cen- ter Street, offering to purchase lots 4, 5, 6, 7, and 20 in Offer for Block 29 for the sum of $50. It was decided to hold the lots. matter over for one week and that Mr. Potter look at the lots. Mr. Morse appeared before the Board relative to Wel- fare matters. Welfare The meeting adjourned at 11:40 P.M. A true record, Attest: .„--14,22/ 42E Clefk.