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HomeMy WebLinkAbout1939-10-09 454 SELECTMEN'S MEETING OCT. 9th, 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. At 7 :30 P.M. hearing was declared open on the petition Pole of the Boston Edison Company for permission to install guy location. wires and anchors to two poles on Lowell Street, southerly from the Lexington-Burlington line. No one appeared in favor or in opposition. Mr. Sarano moved that the permit be granted. Mr. Locke seconded the motion and it was so voted. At 7:32 P.M., Mr. Carroll appeared for the drawing of jurors. Mr. Mark Dodd of 28 Sherman Street, was drawn to Jurors. serve on civil business, first session, at Cambridge, be- ginning Nov. 13, 1939. Mr. Luther R. Putney, teacher, of 31 Locust Ave. was drawn to serve on criminal business, first session, at Cambridge, beginning Nov. 6, 1939. The Chairman said that a Mr. Adams of Lowell was out- side. He is a member of the Middlesex Turnpike Assoc. which Middlesex has been operating for five or six years, its purpose being Turnpike. to try to put through a turnpike from Chelmsford to Arlington Heights. The Chairman said he used to represent Lexington and attend the meetings, but in the last year or two he kept away from it because he felt that with conditions the way they were in the State, it was not the time to be putting pressure on. The Bill has gone through the Legislature, actual construction depending upon when money will be avail- able. The Chairman said that according to the original plans, the takings in Lexington were going to cost some $75,000. which he thought was going to revert back onto the town. When he heard that, he did nothing further on the matter. Mr. Rowse moved that the following vote be passedi Whereas the Board of Selectmen some years ago favored the completion of the so.called Middlesex Turnpike, that they now 'elieve further action should be held up until such time as the State's finances will warrant such expenditure. Mr. Potter seconded the motion and it was so voted. Mr. Adams appeared before the Board. A letter addressed to John W. Beal and a Mr. Coburn of the State Dept. of Public Works was read by Mr. Locke. This letter petitioned for the expenditure of the money already appropriated and requested that a concrete roadway be built. The Chairman asked if the million dollars appropriated by the State was all spent and Mr. Adams said that only about $250,000. was spent. The Chairman asked if this which they were requesting now was within the money already appropriated, and Mr. Adams said that it was. The Chairman asked if the land takings would not have to be borne by the towns , and Mr. Adams said he was 459 quite sure that they would not. He said the Statep aid for 111 all land takings Mr. Potter said that the State did not pay for takings on the Concord Turnpike. The Chairman told Adams that the present Board did not wish to put their names on anything that called for more money to be appropriated. The Chairman asked Adams if he vas certain the Town would not have to pay for the takings, and he said he was quite sure. Mr. Sarano asked if there was any question about the road not being made of concrete. Mr. Adams said he understood they were considering tar macadam. The Board decided to sign the petition, and did so. Mr. Raymond appeared before the Board. He stated that on Clarke Street there were three trees which originally were intended to be removed some time ago as they were too thick. Removal Two of them were not in very good shape and probably would of trees not last long. He intended to take this matter up last week but neglected to do so. The Telephone crew was available to tear out the tops and Mr. Raymond thought there would be no question about taking down the trees, so he ordered Mr. Garrity to post them for removal . No one appeared in opposition, so the trees were taken down. He asked approval of his action. Mr. Potter moved that this action be approved. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said that the Arlington Gas Co. had re- quested approval of the installation of 170 feet of two inch Gas main gas main in Warren Street. Mr. Rowse moved that this be approved. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said that the Chamber of Commerce Board of Directors had requested the use of the Conference Room in Use of Cary Hall on Oct. 19th for a Sg meeting. Mr. Rowse suggested Hall. that the Chairman talk with the president and ask him if he could make arrangements to find some other meeting place. Mr. Potter moved that the use of the hall on Oct. 19th be approved. Mr. Sarano seconded the motion and it was so voted. Mr. Raymond said that the D.A.R. had requested the use of the Conference Room for meetings on the fourth Wednesday of each month beginning with October and ending with March. Mr. Sarano said that he wasquite sure that these were after- noon meetings. Mr . Potter moved that the use of the hall for such meetings be approved this year, provided they are held in the afternoon. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond said that the Lexington Field and Garden Club had requested the use of Estabrook Hall on the follow- ing dates : Oct. 30, Dec. 4th, Jan. 29th, March 19th and April 27th. Mr. Locke moved that the use of the hall on these dates be approved. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that the Stockbridge Alumni would like the Board to reconsider the matter of reducing the rate for 460 the use of the hall for their annual banquet and dance. It was felt that. there were several Lexington people connected with this organization who frequently gave their time free of charge to the town, and for this reason the charge for the hall should be reduced. Upon motion of Mr. Sarano, seconded by Mr. Locke, it was voted to grant the use of the hall sub- ject to a fee of $25.00. Letter was received from Angelo Busa of 137 Grant Street addressed to the Selectmen. Mr. Busa said that in accordance with the Board' s instructions , he did not use a certain parcel of his cultivated land this year which in other Busa years he got three crops from. He said because of this , he claim. had lost 0375. to 1400. He said it was his understanding that the Town would reimburse him arid he asked when he could expect payment . Mr. Raymond said that this was in connection with Vine Brook and he said he would like to look into the matter a little further before making any recommendation. Mr. Potter moved that the matter be referred to Mr. Raymond for further consideration and recommendation. Mr. Locke seconded,. the motion and it was so voted. A petition signed by five property owners on Coolidge Sewers - Ave. requesting the extension of the sewer was received. Mr. Coolidge Raymond said that there was one owner that did not sign. Ave. and There also has been a request for a sewer on Merriam Street Merriam St.and this would call for a sewer in Adams Street in the ordinary course of events , and it would not cost much more to lower the sewer in Adams Street to take in the Coolidge Avenue sewer. Mr. Rowse moved that Mr. Raymond be instructed to prepare a schedule of betterment assessments to be sent out to the petitioners for signatures. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said he understood that this was to be done under the present Sewer Act. Mr. Raymond read a letter which he had received from No. Lex. the Federal Works Administration of P.W.A. , stating that the sewers. amendatory application for an increase in the grant for the North Lexington Sewer project had been denied. Mr. Rowse asked about doing it under the W.P A. and Mr. Raymond said that a project of this size could not be done under W.P.A. as it was too big. Also, he thought that if extensions were to be made under W.P.A. , Liberty Heights should be given the preference. Mr. Raymond said he had two estimates, one for Salvucci and one for Rounds which for some reason or another did not get on the warrant . He said that if the Board cared to sign blanket schedules, Mr. Russell would put the estimates through at the end of the week. The Chairman read a letter from the Town Counsel stating Rounds that Mr. Eddy had brought to his attention the fact that contract there was a large amount due from Rounds to the Town for 461 penalties for delay in completing work under the contract. Mr. Eddy says that the work is practically completed and that the final payment will shortly be ready for adjustment. Mr. Wrightington advised that the full amount of the penalties to date be withheld on the estimate for September pending a final settlement with Rounds and with the P.W.A. authorities . Mr. Raymond said that the penalty amounted to $1500. The Chairman suggested that the Board instruct the Town Accountant to make sure that sufficient money was held back to cover the 10% of the Rounds contract ant; in addition that sufficient money to cover the total of liquidated damages be withheld. Mr. Potter moved that the Chairman's suggestion be approved. Mr. Locke sedonded the motion and it was so voted. Mr. Raymond said that Salvucci had no unpaid bills and Salvucci is way ahead of schedule . He recommended that the payment contract of $31,865.13 be paid. Mr. Sarano moved that the estimate be paid. Mr. Rowse seconded the motion and it was so voted. Letter was received from Harold B. Needham relative to the condition of Fern Street and his driveway being washed Needham out by water during rains. The Chairman suggested that Mr. complaint Raymond arrange a meeting with the Town Counsel and Mr. Needham and see that kind of a decision they could come to and report to the Board. The matter was left that way. Letter was received from the Appropriation Committee advising that the request for the transfer of $200. from the Garbage Reserve Fund for the Garbage Collection Account had been contract approved. The Appropriation Committee asked the Selectmen w hether or not consideration had been given to the execution of a contract providing for cancellation by the town on adequate notice. The Appropriation Committee expressed the opinion that that body should be consulted when contracts were being made in substantial amounts that involved approp- riations for subsequent years which had not been provided at the time the contract was made. The Chairman said that with reference to the statement regarding execution of a contract with a clause providing for cancellation, the idea was that the matter be referred to the Town Meeting with the thought that the town /night do away with garbage collection and the Selectmen were of the opinion that the town would not consider such a thing. The Chairman said that the Board of Selectmen had gone out of its way to give the Appropriation Committee information on matters which they had nothing to do with merely to be cooperative. He said that there was no precedent where any Board consulted the Appropriation Committee on such things as this contract, but if there had been, probably the Board would be open to this criticism. The law specifically says that the Board of Health or Board of Selectmen shall have the power to make a garbage contract and contains nothing obligating the Board to refer 111 the matter either to the Town Meeting or the Appropriation Committee. Mr. Rowse said he did not see that the Appropriation Committee had any right to pass on any legal action taken by the Selectmen. He thought that they should recommend a differ- ent procedure, however. 462 tv Town - Letter was received from Chief Taylor stating that the explosive Town of Lexington kept explosives but did not have a permit permit . or file a bond for their use . He said that the method in which these explosives were kept was dangerous as to where they were kept and apparent laxity in checking the amount. Mr. Rowse moved that Mr . Raymond be requested to consult with Chief Taylor and report his recommendation to the Board. Mr. Potter seconded the motion and it was so voted. Letter was received from James T. Phelps & Cg. addressed Insurance. to Mr. Edward W. Taylor, listing policies carried with that company by a former broker of the Town and requesting that the policies be renewed with the company when they expire. Pipe in Letter was received from Mr. Wrightington regarding McCaffrey Julia McCaffrey' s letter requesting that the water pipe land. through her land to the playground be removed. Mr. Wright- ington said that if the Town was unable to supply water from another source as cheaply as the damages necessary to be paid for a taking, the only recourse was to make a taking and pay whatever damages might be awarded. Mr . Raymond was requested to find out how much damages Miss McCaffrey would claim. Insurance Letter was received from Willard C. Hill relative to endorsements to be added for the pumping station at North Lexington and other insurance matters. The Chairman said that two weeks ago, Mr. Raymond was requested to appear before the Appropriation Committee and discuss the condition of Spring Street. He did that and Spring gave that body an estimate of $1700. but they took no action Street on the matter as they had received no formal request for a transfer of funds. Mr. Rowse moved that the Appropriation Committeee be requested to transfer $1700. from the Reserve Fund so that Spring Street between Shade Street and the Concord Turnpike, could be put into a safe condition. Mr. Potter seconded the motion and it was so voted. Mr. Potter said that he had talked with Mr. Wrightington Garbage relative to Connors Brothers bond. If the bond cannot be contract. written for one year with a guarantee of renewal for the two ensuing years, then it will have to be written on a three year basis. The Chairman asked when the Board wished to have a Town Town Meeting. Mr. drightington is interested in having some tem- Meeting porary easements abandoned and this requires action by the Town Meeting. However, it may be desirable not to hold it until later in the fall. It was decided to hold the meeting on Monday, November 13th, and to have the warrant ready for signatures next Monday unless word to the contrary is heard from Mr. Wrightington or Mr. Raymond. 463 The Chairman said that Mr. Grindle telephoned him and said that the School Dept. wanted a shelter on Bedford Street near Winter Street. Mr. Grindle has found a site that will be all right, but Mr. Longbattom says that the shelter will School have to be set back twenty feet and Mr. Grindle says that shelter will not do. The Chairman told Mr. Grindle that Mr. Raymond would check on the location and make his recommendation next week. He requested Mr. Raymond to do this . Mr. ..Albert P. Rounds, contractor on the Pumping Station for North Lexington Sewer Project, appeared before the Board. Rounds Mr. Rounds said that he wanted to talk with the Board re- re garding the labor situation. He said that there were so contract. many false rumors around he thought it would be a good idea to talk the matter over. He said he understood what kind of a labor situation there was in Lexington and he wanted to help. He started this job non-union because he understood that that was the way Lexington men would be employed. They decided to mix their own concrete on the job in order to make all the work he could for Lexington men. Up to the last week in June, he had 33 Lexington common laborers that had presented cards and were employed. He said the statement has been made that there were 125 men employed but that is untrue. The last week in June he said he was preparing for one of his heavy days of concrete. He tried to make a pour on Monday and notified the men in the usual way but got only nine men when he needed twenty. He contacted Mr. Scott of the Re-employment Office in Waltham, who said he could not refer any more Lexington men to the job and that Rounds would have to get some other men. Cards were sent out to all the Lexington men and on Wednesday when they were supposed to report, only seven showed up. He telephoned Scott who said to get anyone they wanted for the pour. They kept trying to get help and on Saturday they finally got eight Stoneham men and three Wakefield men who worked Saturday along with some Lex- ington men. Those were the only out-of-town laborers he employed and they worked only for one day Mr . Rounds said that it made him boil to hear people in Lexington say he did not give Lexington men a chance because that was untrue. He had trouble getting shovel operators and had to get out- of-town men but he did not do that until Mr. Scott agreed that there was no one on the list from Lexington who could qualify. He had one carpenter on the job that was from out-of-town and he felt that he was justified in having one man that knew something about the work. They are running a union job now and not a Lexington man is employed. The Chairman asked why he changed to a union job, and Rounds said it was because of the help. He said they had to in order to get reliable men to do the work. The Chairman asked if Mr. Rounds had any request to make of the Board. Rounds replied in the negative and said he merely wanted the Board to understand the matter. He said the Dept. of Labor told him last Friday it could not under- stand how he ever got a decision in his favor in the Cambridge Court. Rounds said that if the Board did not agree with what he said, he would like to have it say so . He said he had had 4134 a fear that Lexington had the feeling that he was not co- operating but he said that he had cooperated as best he could. The Chairman said that the matter was entirely in the hands of the Dept. of Labor and Industries and was out of the Selectmen' s jurisdiction. Mr. Rounds asked if the Board was satisfied that he had done everything possible to give Lexington men preference, and the Chairman said that the Board would rather not make a statement in any way. Mr. Rounds retired. The Chairman said that he was talking to Chief Taylor Police at who complained that he did not get proper police protection fires. at fires and that the policemen were not in the proper places It was decided to have Chief Sullivan in next week to discuss the matter. Letter was received from Ready & Mott offering the sum of 4250. for Lots 36 and 37 in Block 22, Dexter Road. The letter said that the broker 's minimum commission on Offer for real estate sales was $50. and they assumed the Town would property. be willing to pay that if the off pr was accepted. Mr. Potter said that :ie looked at the lots and said that he would not consider selling for anything less than the amount due when foreclosed, which was $274.83. He suggested that the abutters be contacted to see if they were interested in buying the lots . Mr. Rowse moved that the offer be refused and a counter-offer of $300. made. Mr. Sarano seconded the motion and it was so voted. Letter was received from Herman MacKay offering to buy Lot 5 on Waltham Street for the sum of 4600. The Board thought that $1,000. was a fair price for this lot. Mr. Rowse moved that Mr. MacKay's offer be declined and a counter-offer of 41,000. made. Mr. Sarano seconded the motion and it was so voted. Request for Letter was received from the Stanley Hill Post, carnival American Legion, requesting permission to run a carnival permit. in East Lexington the week of June 17, 1940. The Clerk was instructed to notify the Legion that their letter would be placed on file and given first consideration. Request to Application for permission to keep pigeons at 23 Han- keep cock Street was received from Don McCarter. Because this pigeons. is a high class residential section, the Board decided to have Mr. Lamont contact the neighbors before making any decision on the application. Applica- Letter was received from W. S. Bramhall of 25 Parker tion for Street applying for a position of investigator in the position. Welfare Department. The Clerk was instructed to notify Mr. Bramhall that no action was being taken on such requests until the State has defined its policy and that his letter would be placed on file. 465 Letter was received from the Town Accountant stating that it was illegal to pay convention expenses for the Convention V.F.W. convention in Boston. Mr. Giroux stated that he expenses would notify the V.F.W. Letter was received from Mr. Longbottom advising that he notified Mrs. Sally White of Mass. Ave to apply for a Board of Appeals hearing oefore Oct. 5th . To date she has White - not filed the application or replied to his registered Lexington letter. He said that if the Board wished to prosecute Inn. this case, Mr. Wrightington would require its approval in writing. The Clerk was instructed to notify Mr. Wright- ington to take such legal action as is necessary. Copy of a letter addressed to Chief Taylor by the State Dept. of Public Safety was received. This letter ordered that several changes be made in order to comply with the State laws. Chief Taylor said that he was merely reporting this to the Board so that he would be on record as not approving the place. Mr. Morse appeared before the Board relative to Welfare matters . Welfare The meeting adjourned at 10 :40 P.M. ' A true record, Attest : C er .