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HomeMy WebLinkAbout1939-10-02 451 ittSELECTMEN'S MEETING OCT. 2, 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. `3ae Clerk was also present. Mr. Raymond appeared before the Board. He said that he had a request for a cross walk over Mass. Avenue in East Lexington to see if traffic could be slowed up where chil- dren have to cross Mass. Avenue on their way to school. Cross walks One at Taft Ave. has been requested, but he did not think the at East cross walk would do any good without signs. He also thought Lexington. that there should be two if there was going to be one, and thought that if one or two were put in, there might be de- mands for others. In his opinion, it would not tend to slow up traffic unless there was an officer at each cross walk. He suggested that the officer who usually was at the school in the morning go down to Taft Avenue about ten minutes earlier than the time he has to be at the school. To put in the walk and two signs would cost about $70.00. Mr. Potter moved that one cross walk be painted ,in at Taft Avenue. but that no signs be erected. Mr. Sarano seconded the motion and it was so voted. Mr. Raymond said that he thought that the telephone in the Town Office Building was being used to considerable ex- tent by other than town employees. It has been reported to Telephone. him that a woman has been seen using a phone in the Assessors office when no one was there and someone has been using the phone in the Building Inspector ' s office. He suggested that the girl at the switchboard be instructed not to give an outside line unless the voice was identified. Mr. Potter moved that the suggestion be approved. Mr. Sarano seconded the motion and it was so voted. Mr. Raymond reported that the Lions Club had applied for the use of Cary Hall on Oct. 26th for a penny sale. A letter was received from the Lions Club stating that last Use of Hall .year they were charged $15. for the use of the hall. The penny sale is to raise money to continue eye conservation work in Lexington and the $15.00 charged for the hall would supply two pair of `lasses. The club requested that the use of the hall be granted on that date free of charge. Mr. Rowse moved that the use of the hall be granted free of charge. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that the V. F. W. wanted to use Cary Hall on Nov. 28th for a penny sale . This is one of their free uses. Mr. Potter moved that the use of the hall be granted on that date. Mr. Locke seconded the motion and it was so voted. Mr . Raymond reported that the Retail Board of the Chamber of Commerce wanted to use the conference room in 451 Cary Hall on Oct. 6th for a meeting. Mr. Rowse moved that the use of the room be granted. Mr. Sarano seconded the motion and it was so voted. Mr. Raymond reported that Elizabeth Burton owned prop- erty on Colony Road through which an easement was taken for the North Lexington Sewer. She has had two wells on her property go dry during the last week. Feeling that this was an emergency, Mr. Raymond had a service laid on the ground Burton to take care of the family temporarily, but this, of course, claim will not do when cold weather comes . Up to now, Mr. Raymond has not satisfied himself that the Town is responsible for the water going out of the wells. He feels that they may be all right after the work on Vine Brook has been finished. He said he was merely advising the Board of the matter now as he felt that there might be a considerable claim for damages, although it might amount to only the cost of laying a water service to the house which would cost about $400. Mr. Raymond said that in anticipation of an increase in the price of automobile tires, he advised the superintendents to look over the supply and get prices on all tires they could afford to buy this year. A little more than $200. worth Tires will be purchased out of Water Maintenance from Harold Need- ham. The tires they want for the highway machines which will be purchased from the Road Machinery Account, were not bid on in the spring because they did not anticipate that they would need any this year. He theref or got prices from three dealers as follows : F. N. Johnson - X254.68 Sullivan Auto Service - 277.02 Harold B. Needham - 262.36 He recommended purchasing the tires which were on the schedule from Mr. Needham and the ones which were not on the schedule from Johnson. Mr. Sarano moved that the recommend- ation be approved. Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that Wallace Weisinger, foreman in the Highway Dept. , did not take a vacation in 1937 and now has due him his vacation for 1937 and 1938. He has Weisinger requested that he be allowed to take four weeks this year, vacation two for each year. Mr. Rowse asked if this would not be a little disrupting to the Department, and Mr. Raymond said that it would be at sometimes, but Weisinger is not going to take his vacation all at one time. He said he approved the four weeks. Mr. Potter moved that this be granted. Mr. Locke seconded the motion and it was so voted. Mr. Potter moved that the following resolution be adopted: In the future the Board of Selectmen will demand Vacations that all emp'.oyees take their vacations within the calendar year, or else lose the opportunity. Mr. Sarano seconded the motion and it was so voted. 452 tcl Letter was received from the First Church of Christ, Scientist, asking to have a street light installed on Street Muzzey Street extension. Mr. Raymond said that there were light . no poles there now and probably two would have to be erected. He did not believe that there would be any other wires in- stalled on the poles and expected that the town would have to stand the expense of erecting the poles, which would be about 4325.00 for each one , but he had not heard from the company on the matter. It was decided to hold the matter over for one week. Mr. Raymond said that he had written Mr. Wrightington and asked about liability of the town in the case of the Col. Crissey claim for damages to his fender which he alleges Crissey were caused by the curbstone extending upward and outward claim. in the gutter. Mr. Wrightington sgys that it was a question of fact whether or not this constituted a defect and he could not be sure what the Court would say on it. Unless it is deemed important to obtain a decision, he would recommend that the bill of 032.65 be paid. Mr. Potter moved that the request for reimbursement in the amount of X32.65 be disapproved. Mr. Locke seconded the motion and It was so voted. Mr. Raymond said that Mr. Wrightington had telephoned. him about the moneys that have been held back on the DiMarco and Ciccone contract on account of the claims of property owners. DiMarco asked if Wrightington could do Suits - something so that money could be released. A representati're P.W.A. of the insurance company also called Mr. Wrightington. Mr . projects. Wrightington said that the policy of the insurance company is to pay no attention to the claims already presented and require the owners to sue and that probably will result in a minimum of damages being found against the contractor. Some of the owners probably will not sue. Mr. Wrightington thought that the Board should know of the situation, although he is not ready to give an opinion on the matter until he has received a letter from the P.W.A. in New York stating that they disapprove of holding back the funds. Mr. Raymond said that he thought perhaps Mr. Wrightington believed tha$; the townspeople who had just claims should not be forced to sue. It was decided to take no action on the matter until Mr. Wrightington' s opinion has been received. Letter was received from Mr. Alden of Metcalf & Eddy DiMarco stating that DiMarco and Ciccone had given him certified contract. checks totaling 02300.05 covering the amount of their unpaid bills shown on their last estimate. Mr. Alden stated that he had forwarded the checks and recorrmzended payment to the contractor of 02300.05. 453 The Chairman said that the galley between the Town Offices and the Post Office did not look good and he asked Mr. Raymond what was going to be done about it. Mr. Raymond Vine Brook said that there would be what is called a water course there. If the lawn was sloped down from the Post Office to our drive- way, we would get all the melted snow over here. Be wants to keep the grade a few inches lower so that the water till go into an inlet. Letter was received from Win. S Caouette stating that he had received a broker's license and would like the priv- Insurance ilege of writing some Town insurance. It was decided to place his name on file for future consideration. Letter was received from Mr. Russell stating that be- cause only $810. was appropriated for garbage collection after the expiration of the Bieren contract, Connors Brothers Garbage would be entitled to $4190. for the balance Jan. 1 to Oct. account. 18, 1940. However, payments could not be started on that basis beginning Jan. 1st because of the fact that we are not permitted before the annual Town Meeting to make a payment in any one month in excess of the payment made in any one month of the preceding year. Therefor, there would have to be different rates from Oct. lst to Jan. 1st, from Jan. 1st to April 1st, from April 1st to October 18, 1940, etc. Mr. Russell suggested that the Appropriation Committee be requested to transfer $200.00 from the Reserve Fund so that payments could immediately be started at the rate of x;5,000.. per year. Mr. Rowse moved that the Appropriation Committee be requested to transfer $200.00 from the Reserve Fund to the Garage Collection appropriation. Mr. Potter seconded the motion and it was so voted. Financial statement from Connors Brothers was received as follows : Farm and Buildings $20,000.00 Garbage Livestock 15,000.00 contract Cash in banks 5,000.00 Mortgage 4,000.00 Unpaid Bills None Mr. Potter said that in order to file a three year bond, the bonding company wants $225. for the first year, $150. for the second year and $75. the third year, but by writing it for one year at a time, the bond would cost only $75. a year. With this financial statement, he did not see why it would not be all right to allow Connors Brothers to file a separate bond for each year. Mr. Potter moved that the amount of the bond be set at 05,000. per year and that the bonding company be requested to guarantee annual renewal for the life of the contract and that the form of the bond be submitted to the Town Counsel for approval and that he submit his report by next Monday evening. Mr. Sarano seconded the motion and it was so voted. Mr. Locke moved that the checks of Bonnano and Dias be returned to them. Mr. Sarano seconded the motion and it was so voted. 454 tO Wt The Chairman said that he and Mr. Potter discussed this afternoon the natter of paying a weekly wage to the Wage Scale. regular personnel of the Highway, Water and Sewer Depart- ments. They are paid only when they work and the Chairman and Mr. Potter felt that the Board should give some thought to the matter. He renested Mr. Raymond to consult with the department heads and Mr. Russell to get facts on the matter and to submit his recommendation to the Board by the first week in November. Letter was received from the Town Counsel to which Brown was attached check for 01,000. in settlement of the case case. of Lexington vs. Walter J. Brown. The period covered by the release to the date of the writ in that action was limited to August 1, 1938. A small amount was paid from that time to Dec. 24, 1938 and Mr. Brown' s share might be around 037. Mr. Wrightington recommended that no attempt be made to recover this small balance. Mr. Rowse moved that the Town. Treasurer be authorized to sign the releases . Mr. Locke seconded the motion and it was so voted. Mr. Arthur C. Dodge appeared before the Board. The Chairman said that the Board wanted to talk to him as his name had been one of those submitted for consideration for Welfare. filling the vacancy in the office of Agent of Public Welfare. The Chairman said that the Board had been considering com- bining W.P.A. and Welfare so that one man would be at the head of both and there would be detail men under him. The Chairman asked him if he at one time worked under the C.W.A. and Mr. Dodge said that he was the first employee here for the government when he was re-employment manager. He was here for four weeks and then went with the Treasury Department . He then went to the Administrative Office of the E.R.A. and when W.P.A. came in he was Advisor of Finace which includes Middlesex, Norfolk and Suffolk counties with the exclusion of Boston. The Chairman asked if he was interested in this job, and Mr . Dodge said that he was interested in anything that was easier than what he was doing. He said he was satisfied with his present job, but he did not know how long his physical condition would allow him to stand it . The Chairman asked Mr. Dodge what he thought of the plan the Board had and Mr. Dodge said that he had talked with one or two other towns and he has a brother connected with another town who said that he thought that this was the only solution of the problem. The Chairman told him that the Board had no definite plans and that this was merely an informal talk. He retired. Mr. J. Henry Duffy appeared before the Board. The Chairman said that the reason for asking him to appear was that several of the .employees of the Employers ' Fire Insurance Co. had requested the Board to place insurance with that company. He said that the Board knew that a great many of 455 the employees of the company were residents of the Town, 111 but the Board was a little puzzeled by their attitude. He said that if the company had not had the fire insurance be- Insurance fore, the Board assumed that it was up to them to contact the agents who place the insurance. The Chairman asked if the company should get business direct from the town or from the agents. Mr. Duffy said that his company wanted the Board to get business done in the way it would like to have it done. They want to make it as easy as possible . He said that everybody in town in the insurance business feels that he has a right to have some town insurance. He said that he was a citizen, Mr. Stone and Mr. Larner were also citizens. The company is a Mass. corporation and they are interested in it and like town business and want to do everything possible for the town. He said the place for them to get business was through the agents and they do not want any of their employees bothering the Selectmen. He said the situation probably has arisen ever since the mutual phase had developed as they being a stock insurance company are very much aroused about it. Naturally they want to preserve all the business they can for stock companies . He said, however, that their employees could come to the Selectmen and ask for insurance as residents of the town as every citizen has the right to do. Mr. Rowse said that the Board had always tried to place insurance with people who derived their income from placing insurance policies. Mr. Duffy said that there was no one in his organization who wanted anyone who lives out here to go beyond ghat he is entitled to as a resident insurance broker. He said that he was not an agent and did not write insurance and only spoke in a broad sense, largely from the point of view of a citizen. He said their employees did not come to the Board at the company's behest, but came merely as private citizens . He said that if the Selectmen thought it best for the Employers ' company not to have any of their employees coming in and requesting insurance for themselves, he was sure that Mr. Stone would stop it. He said that the Selectmen should consider the applicants as they would consider any other applicants for insurance. Mr. Duffy said that he had talked with Mr. Stone before he came out here. The company makes a great many comprehensive surveys and it is only in rare in- stances that they do not find some way to arrange a better premium or save some money. They usually find that there are a number of thirds that can be done, not necessarily rate- wise, however. He said that perhaps the Board might want to have all the policies combined so that they would only have two or three, then his company would take care of all the detail, divide premiums and place them wherever the Board desired, etc. He said that Mr. Stone had instructed him to request the Board for permission to take the policies and make this comprehensive survey. He retired. It was decided not to take any steps in regard to a sur- vey by the Employers ' Fire Ins . Co. at the present time . 456 Letter was received from Webster L. Taylor offering to Offer for purchase lot 9 on Lincoln Street for the sum of $50. It Lots. was decided to hold the matter over for one week so that the committee on tax title property could look at the lot. Letter was received from the Town Accountant to which Funds for was attached a copy of letter from the Town Counsel advising Conv. that it was illegal to expend money for celebration expenses for any events held outside the town. The Clerk was instructed to ask Mr. Russell whether or not a special appropriation could be made to pay the bills which the Selectmen authorized in connection with the V.F.W. convention in Boston in August. Letter was received from Theodore N. Waddell advising Loan. that the Emergency Finance Board had approved a Storm Fmergency Loan in the sum of 023,000. Mr. Potter said that he recommended that the Town Sale of accept the offer of Nelson Fleming to purchase Lots 4, 5, 6, land. 7 and 20 in Block 29 for the sum of $50.00. Mr. Sarano moved that the offer be accepted. Mr. Locke seconded the motion and it was so voted. Commitments. Commitment of water rates in the amount of $8252.26 and Commitment of water liens in the amount, of $71.66 were signed by the Board. Upon motion of Mr. Potter, seconded by Mr. Sarano, it was voted to certify the following list of betterment assess- ments for the Board of Assessors : SIDEWALK BETTERMENT ASSESSMENTS OAK STREET SIDEWALK Bill No. Name Lot No. Total Assessed cost Amt. 126 Clarence MacPhee 14 Baker Ave. 387,388 40.00 20.00 127 Helen F. Nary 82 Oak Street 389,390 40.00 20.00 128 Martin C. Weyand 86 Oak Street 391,391A 34.00 17.00 129 Arl. Five Cents Savings Bank Pt.346- 626 Mass . Ave. , Arl. 348 Inc . 40.00 20.00 130 Abilio and Mary Carvalho 381-386 I 72 Oak Street. Inc. 127.26 63.63 MASS . AVE. SIDEWALK 131 Pasquale & Hermina Luongo 47 Pleasant St. 1 35.00 17.50 132 Catherine C. Whalen 166 Mass. Ave . 2 35.00 17.50 133 Ragna H. Coodmansen 172 Mass . Ave . 3 35.00 17.50 134 Mary 0. Sousa 6 Charles St. 19.00 9.50 $405.26 $202.63 457 Mr. Morse appeared before the Board relative to ' 'Welfare matters . Welfare The meeting adjourned at 11 :15 P.M. A true record, Attest : Clerk. 1