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HomeMy WebLinkAbout1940-10-071 L 1 0 SELECTMEN'S MEETING October 7, 1940 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town office Building at 7t30 P. M. Messrs, Potter, Rowse, Locke and Sarano were present. The Clerk was also present. In the absence of Mr. Giroux, Mr. Rowse acted as Chairman. At 7t30 P. M. Mr. James J. Carroll, Town Clerk, appeared before the Board for the drawing of a juror. Roy A. Ferguson, clerk, of 19 Bertwell Road, was drawn to serve on criminal business at Cambridge, lst session, beginning November 41 1940 Mr. Raymond appeared before the Board. Mr. Wrightington appeared before the Board. He said that he had talked with Mr. Nathan Bidwell, attorney for the Colonial Garage, Inc. today, and Mr. Bidwell said that his clients wanted 01625.00 to settle the two eminent domain cases which they have brought against the Town. Mr. Wrightington said he offered them $1500.00. Mr. Wrightington Colonial told the Board what the town's expert thought the Garage, Inc. damages were. The Board felt that $1500, was a large amount of money to pay, but that it would cost the Town more money if the cases went to Court. Mr. Rowse asked Mr. Raymond what he thought of settling for $1500., and he thought it was good business for the Town to settle for that amount. Mr. Potter moved that the Colonial Garage, Inc. be offered the sum of $1500, to settle the two eminent domain cases against the Town of Lexington. Mr. Sarano seconded the motion, and it was so voted. Mr. Wrightington discussed the Porter case. The Board instructed Mr. Raymond to make further investigation and to report his findings to the Board at the next meeting. Mr. Wrightington said that the Town had been in the habit of appropriating money at the Annual Town Meeting for any unpaid bills carried over from a previous year. Porter case 376 Judge Morton and Judge Hannify have both ruled that, if at the time the bill was contracted, there was Payment of enough money in the appropriation to pay it, but (bills in sub- later the money was used for something else, they sequent year would approve payment of the debt in a subsequent year. If, however, there was not enough money in the appropriation when the debt was contracted, they gould not approve paying it in a subsequent year. Mr, Wrightington said that he would write the Town Accountant a letter on the subject. Letter was received from the Town Counsel,in answer to the Board's question as to whether or not it had the 1 1 1 right to limit a license for the storage of gasoline. He said that there was nothing in the statute which ;Ryder gasoline permitted the Licensing Board to impose any kind of !lie. granted restrictions on Licensees, and that evidently the Selectmen could not impose a time limit on the license. The Board then considered the application of the Lexington Real Estate Trust for permission to increase the storage capacity of underground tanks from two thousand to seven thousand five hundred gallons, at the corner of Lowell and North Streets,. Mr. Potter moved that the permit be granted. Mr. Locke seconded the motion, and it was so voted. Letter was received from the Town Clerk advising that the following gasoline.permits had been granted, but were not being used at the present time: David Buttrick Co., 264 Bedford Street Gasoline lie. William F. McDonough, 3A Marrett Road not being used Minute Man Golf Club, Pleasant St. & Concord Ave. Pichette & Ahearn, Woburn and Cottage Streets Anthony Ross, Cedar Street Hildur Sorensen, 92.Woburn Street Messrs, Wrightington and Raymond retired. At 8:30 P,M. T. A. Custance appeared to discuss the rehabilitation of unemployed in Lexington. Mr. Custance said he thought this was the biggest roblem we had today, In 1929 our welfare load was 10,000, to $120000., as the woman in charge kept it Custance re: down to a very good level, He asked if there was rehabilita- anything that could be done to bring these people to tion a full understanding of what their place was in society. Mr. Custance asked Mr. Grindle if there was anybody in his organization who could inspire these people to do something to better themselves, but he thought of no one offhand, Mr. Custance thought that the Selectmen were the only people who could do anything on the problem, as they knew the people on welfare, 1 1 1 Mr. Rowse said that in the last few months there had ' been very few able-bodied men on welfare, and that our load was comprised mostly of widows and their families, ill people, and people who could not qualify for Old Age Assistance. He said that the Selectmen did not have the time to put into this subject at the present time. Mr. Custanee asked the Board to think the matter over, and he retired at 9;07 P.M. Mr. Paxton then appeared before the Board. The Chairman asked him if it was possible to use any machinery on the Liberty Heights sewer job more than it was being used now, and Mr. Paxton replied in the affirmative. Mr. Paxton said he did not believe we should hire machinery, although he could use another tractor hoist. As soon as the work on Pollen Road is finished, the gas shovel will be moved to the WPA sewer job. 377 Equipement on Sewer job Mr. Paxton informed the Board that fire insurance under blanket schedule in the amount of $30,000. ex- pired on October 18 through the office of Edwin B. Worthen. Mr. Potter moved that the policy be renewed for a period Of five years through the same office. Mr. Sarano seconded the motion, and it was so voted. Mr. Paxton said that the Outlook Club had requested the use of a conference room on October 9, Mr. Potter moved that the use of the room be granted free of charge. Mr. Sarano seconded the motion, and it was so voted. Insurance Use of conf. . room Mr. Paxton said that the Police Department had re- quested the use of Cary Hall for a Halloween Party on Use of Cary October 31. Mr. Potter moved that the use of the hall Hall be granted free of charge. Mr. Locke seconded the motion, and it was so voted. Mr. Paxton informed the Board that by not paying interoffice bills, the Water Dept, would have enough funds in the Water Construction, Sundry Streets appropriation to lay a water main in Richard Road as far as the houses Richard Rd. already under construction. Mr. Potter moved that the extension payment of these bills be delayed until we have a Town Meeting and money can be appropriated, and that the ex- tension in Richard Road be started. Mr. Sarano seconded seconded the motion, and it was so voted. Letter was received from the Lexington Trust Company with reference to the water betterment assessments on Water assm't Simonds Road. A bill of $44.10 for Lot 1 in Block 24-A abatements and another bill of $129.44 for Lot G, Block 14 were re- ceived. Light in 'Sherburne Road Petition for impr. on Follen Road Lot l has a sharp drop of land from the street level, and it is very doubtful if it can ever be built on. The Trust Company thought that there was no betterment because of the water being installed. The Bank also felt that Lot G could never be used for building pur- poses from. Simonds Road. The Bank requested that these assessments be.abated. Mr. Paxton said he discussed the, matter with Mr. Ross, and Mr. Ross felt that the two assessments should be abated, with the understanding that if at any time service is laid from Simonds Road to either of them, the assessment shall be paid. Mr. Potter moved that the abatements be authorized with this understanding. Mr. Sarano seconded the motion and it was so noted. Mr. Paxton said that he had a call from a Mr. Nelson, who is building a house on Sherburne Road, saying that he wanted a street light on that road, Mr. Paxton told him that it was an unaccepted street, and that an article would have to be inserted in the warrant before a light might be installed. Mr. Potter moved that an article be inserted in the warrant for the next Town Meeting for the installation of a street light in Sherburne Road, Mr. Locke seconded the motion, and it was so voted, A petition signed by twenty nine residents of Follen, Summit and Pinewood Roads and Smith Avenue Requesting that Follen Road be improved, was received. Mr. Paxton said that he was planning to do work in this vicinity next year. He thought the Town should expend $10,000 to $12,000, on rebuilding that section of Follen Road from Pleasant Street to Summit Road, and install drainage there, and from thereon do a job similar to what they are doing on the other end. The Clerk was instructed to tell Mr. H. Dudley Murphy, (the first signature on the petition) that it was planned to do work on Follen Road next year, but that there were no funds for such work available this year. Mr. Paxton retired at 9;30 P.M. Mr. Morse appeared at 9t30 P.M. and retired at 1Ot00 P.M. Mr. Wrightington's bill in the amount of $75.00 for Counsel's services in the Morrow case was received. Mr. Locke bill- moved that the bill be approved, payment to be made Morrow from the Vine Brook Drainage Account. Mr. Sarano case seconded the motion, and it was so voted. Letter was received from Charles Cassella offering to pay the sum of $40.00 for lots 25 and 26, Block 19, Meagher. The Clerk was instructed to ask the Town Clerk if the title to these lots was in the Town of Lexington, C I E 0 and if so, that Mr. Cassella be informed that the Town would sell him the lots for $50.00. Invitation was received from the V. F. W. to view the pictures of the Patriotts Day Parade being shown Invitation in Cary Hall on Friday evening, October ll. The Clerk was requested to acknowledge the invitation with thanks. Letter was received from the Town Clerk advising that the Moderator had appointed Lewis M. Reynolds of 7 Eaton Mr.Reynolds Road to the committee on the Revision of the Building By- to Build. By Laws, The Clerk was requested to write the person head- law Com. ing the list and to request him to call a meeting of the Committee. Report of the Dog Officer for the months of April through September was received. Letter was received from Leslie A. Bull advising that the use and rental at $5.00 per month of the Bull land portion of his land as agreed upon by Mr. Cosgrove and himself was satisfactory to him. Application was received from the V. F. W. for the use of Cary Hall on the evening of November 26th was Use of Hal] received. They desire to run a Penny Sale, Mr. Potter moved that the use of the hall be granted free of charge. Mr. Locke seconded the motion, and it was so voted. The Clerk asked the Board what hours the polls were to be open on Election Day, November 5th. Mr. Potter Hours of moved that the polls be open from 6:00 A.M. to'8:00 P.M. polling Mr. Locke seconded the motion, and it was so voted. Letter was received from one John G. Brackett, attorney for the Arlington Co-operative Bank. He said that in April of this year, the Tax Collector issued at his request a certificate of municipal liens affecting Brackett property on Theresa Avenue. Relying on this certificate, request for the Bank transferred the property. Some time after this, abatement, the Bank received a bill for apportioned sewer assessment sewer in the: amount of $13.51. Mr. Bracket said that inasmuch betterment .as this lien was not shown on the certificate, he thought that the Selectmen of Lexington should apply to the Tax Commissioner to abate this sewer assessment. The Clerk said that she had talked the matter over with Mr. Scamman, who pointed out that while the provision of the law relative to Tax Certificates was useful to prospective purchasers, not too much reliance should be placed on such statements. If the Collector accidently omits an existing lien from ' the statement, the purchaser cannot hold the town liable, nor sue the collector's bond, nor hold the collector per- sonally unless the collector was negligent. The Board felt that Mr. Brackett should deal directly with the Assessors in the matter, as it has been the policy not to interfere with either the Assessors' or Tax Collectors Departments. The Clerk was instructed to tell Mr. Brackett that the Board did not feel justi- fied in authorizing the abatement requested. Mr. Potter moved that the bill of 05.00 for flowers Flowers sent to the Late Patrick J. Maguire be charged to Une- for P.J. classified. Mr. Locke seconded the motion,and it was so Maguire voted. Commitment of water miscl. charges in the amount of Commit -31.90, and commitment of water liens in the amount of menta :104.95 were signed. A statement of receipts for the years 1934 to 1939 Statement inclusive was received from the Town ,Accountant. The of receipt Clerk was instructed to write a letter of thanks to the Town Accountant The meeting adjourned at 10:22 P.M. A true record, Attest: C le rk ------ 1 .Letter was received from Mr. Lyon Carter, president T.B.Survey of the Lexington Public Health Association stating that the Mass. Dept. of Public Health was very helpful in making surveys of local conditions with reference to tuberculosis. The association thought it would be ad- vantageous to have such a survey made in Lexington, and requested that the Board of Health request that a survey' be made in Lexington. Mr. Potter moved that the Mass. Dept. of Public Health be requested to make a survey of the tuberculor situation in Lexington as it exists today. Mr. Sarano seconded the motion, and it was so voted. The Clerk called the Boards attention to the fact that the combination to the Police Department vault was Comb. to not in the Safe Deposit Box at the Lexington Trust Company, Police along with all the other vault combinations. Mr. Potter (vault moved that Chief Sullivan be requested to deposit the combination of the Police Dept. vault with the Selectmen so that it dight be placed in the safe deposit box. Mr. Sarano seconded the motion, and it was so voted. Mr. Potter moved that the bill of 05.00 for flowers Flowers sent to the Late Patrick J. Maguire be charged to Une- for P.J. classified. Mr. Locke seconded the motion,and it was so Maguire voted. Commitment of water miscl. charges in the amount of Commit -31.90, and commitment of water liens in the amount of menta :104.95 were signed. A statement of receipts for the years 1934 to 1939 Statement inclusive was received from the Town ,Accountant. The of receipt Clerk was instructed to write a letter of thanks to the Town Accountant The meeting adjourned at 10:22 P.M. A true record, Attest: C le rk ------ 1