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HomeMy WebLinkAbout1940-12-10450 SELECTP,EN I S MEETING December 10, 1940. ' A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building at 7:25 P. M. Chairman Giroux, Messrs. Rowse, Locke and Sarano were present. The Clerk was also present. At 7.30 Y. M. Messrs. Wrightington, Raymond and Russell appeared before the Board. The Chairman read a letter from Mr. Wrightington stating that the case of Ham v. Lexington had been tried Ham and the jury had brought in a verdict of $3008.00 in verdict favor of Mr. Ham. The Board discussed the matter at some length and upon motion by Mr. Rowse, seconded by Mr. Sarano, it was voted that the Board accept the verdict and not present a bill of exceptions. Letter was received from one Filomena Ruggiero advising that in February, 1940 she acquired, through a foreclosure sale, the Mercadante property located on Lowell Street, Lexington. She said that by reason of this acquisition the land damages in the Vine Brook project had been acquired by her since that date and she had not been notified. Mrs. Ruggiero asked what Land damage allowances the Town proposed to make for the damages ' claim by on her property so that an early settlement might be Ruggiero effected. Mr. Wrightington said that this woman was un- doubtedly the wife of James Ruggiero who operates the Acme Gravel Company in Burlington. This man was summonsed by the Town in the Stevens case and served as a witness. Mr. Raymond said an award of $60.00 had been made to Mercadante. The Chairman requested Mr. Wrightington to find out when this mortgage went into effect and to determine the legal status of the claim and report to the Board. The Chairman told Mr. Wrightington that the Defense Committee had requested a small amount of money and that the Selectmen had voted to request the Town to appro- priate the money. He asked if it was legal to appro- Re:appropri- priate money for this purpose. Mr. Wrightington said he ation of looked up this matter some time ago and stated then that money for de- the Town did not have the authority to appropriate money fense for defense purposes. He thought it wise to leave this article out of the warrant. The Chairman said he would write a letter to the chairman of the State Committee for Public Safety and ask if they intended to propose legis- lation to enable municipalities to appropriate money for defense work. ' ' The Board discussed the Porter moved that the Selectmen accept the case. Mr. offer of the Sarano attorney for Porter Bros. & Wilson to settle all pending petitions for the assessment of damages for the sum of $15000. Porter Mr. Rowse seconded the motion, and it was so voted. settlement Mr. Rowse asked if all the mortgagees along the Vine Brook Taking had been notified of easement. Mr. Raymond said he believed that about six had not been notified. Mr. Reymond said that mortgagees had the right to come in and share in the damages. Mr. Rowse said he thought we should find out if there were any mortgagees that might have any claims. Mr. Raymond said that he would determine this. Mr. Paxton appeared at 8:08 P. M. The Board then discussed the Stevens case. Mr. Sarano moved that the Town Counsel be authorized to agree with counsel for Rupert H. Stevens for a settle- ment of the Stevens petition for assessment of damages for taking for the Vine Brook Development, on the basis of pay- ing the verdict and interest, on condition that an agreement for judgment in a form approved by the Town Counsel be entered in the records of the case, establishing the right ' of the Town to continuous flowage as distinguished from intermittent flowage in the area described in the taking, and the establishment of the right of flowage in any ex- cavation of the Stevens pit below the 176 foot level beyond the line of the said taking and upon an agreement by Stevens to permit the Town to take, not exceeding 10,000 cubic yards of material from one or the other of the Stevens' pits within a limited time. Mr. Locke seconded the motion, and it was so voted. The group retired at 8:55 P. M. Mr. James J. Waldron appeared before the Board. The Chairman said that the Board was worried about the objections of citizens because of his moving.the lunch cart from 1732 Mass. Ave. to 1722 Mass. Ave. He said the objections were not against.Mr. Waldron but against the lunch cart itself. Mr. Waldron said this afternoon one objector, Mr. T. A. Custance, talked with him and he told him the reason he was putting the cart lengthwise was that if he did not, it would have to go underneath the bedroom windows. Mr. Custance agreed with him that the front of the lot was the only place to put the lunch cart. Mr. Waldron said he did not intend to keep his diner after next March as he had other plans after that. He said ' he intended to purchase a new diner then and place it where this one is going now. Vine Brook Taking mortgagees Settlement of Stevens case Waldron lunch cart 452 Re: Town Meeting He would like to purchase it now but is unable to because of finances. Mr. Waldron said that his men would start moving the cart tomorrow about 9:00 P.M..,and it would be in position at 1:00 A.M. He will be ready to serve food in the morning. Mr. Waldron said he had purchased the Hutchinson property, where the lunch cart will be erected, about one month ago. He said that he planned to put in shubbery all around the cart. Mr. Rowse told Mr. Waldron he would overcome most of the objection if he made the outside of the building attractive. Mr. Waldron said this diner was not the one he originally planned to have but it was the only one he could set into the space available. Mr. Rowse asked if there was any chance of his staying in his present loca- tion until March and Mr. Waldron said he heard this after- noon that that property had been sold Mr. Waldron said he was there two years and eight months and has kept the place neat and clean and never had any trouble. He retired at 9;00 P. M. The Board discussed the matter with Mr. Wrightington. Mr. Sarano moved that the common victualler's license issued to James J. Waldron at 1732 Mass. Ave. for the year 1940 be transferred to him at 1722 Mass. Ave. for the bal- ance of the year. Mr. Locke seconded the motion and it was so voted. Mr. Sarano moved that the common victualler's license for 1941 be issued to James J. Waldron at 1722 Mass. Ave., Mr. Locke seconded the motion, and it was so voted. Messrs. Raymond, Russell and Paxton appeared at 9'x10 P.M. The Board discussed the need for a Town meeting. The Chairman said that Mr. Morse felt he would need an additional $100.00 for Old Age Assistance and after applying the 6,000.00, transferred from the Reserve Fund to Chapter 117, he will have an estimated deficit of $2865.00X that is only an estimate and is under Lather than over. The $2300.00 made available for A.D. C. is not going to be needed. There is less than $500.00 in the Reserve Fund and the present deficit in the Snow Removal Account is $950.00. He said that between snow removal and charities, we did need a Town meeting. Mr. Russell talked with Mr. Waddell's office and they felt that we should have a Town meeting this year. Mr. Russell suggested that we have an article to appropriate money for snow removal and that the appropriation be $5,000. He said that if that was not all used, the balance would go back to R. & D. He suggested an appropriation of $5,000. for Chapter 117 and that the Board notify the Appro- priation Committee that the $2300. made available for A.D.0 would not be needed. 1 1 1 He also suggested requesting a transfer of $100.00 from the ' Reserve Fund for Old Age Assistance. Mr. Russell said he thought we should have emergency preambles attached to the votes so as to Make the money immediately available; other- wise it will be necessary to wait the five days which will take us into 1941. Mr. Russell said that we were going to appropriate and transfer $60000. for Vine Brook drainage but that is not going to be sufficient. He suggested that the Treasurer be requested to borrow $4500. in anticiration of the Federal grant. Mr. Sarano moved that the Town meeting be held on December 30, 1940. Mr. Locke seconded the motion, and it was so voted. Mr. Wrightington discussed the case of DeCristafaro against the Town. He asked if the Board wanted to make any offer of settlement or if it wanted to authorize him to go ahead and have an auditor appointed, etc. The Board authorized Mr. Wrightington to proceed to hire an auditor. Messrs Raymond, Russell and Wrightington retired at 9:35. P.M. Mr. Paxton stated that there were three policies ex- piring on January 1, 1941: $35,000 fire insurance policy ' under blanket schedule, expiring through the office of George W. Taylor & Son; the public liability policy for the Water & Sewer Department, expiring through the office of Edwin B. Worthen; and the Workmen's Compensation policy for 1941, expiring through the office of Elmer A. Lord & Co. Mr. Rowse moved that the policies be renewed through the same companies. Mr. Sarano seconded the motion, and it was so voted. C ft 453 DeCristafaro case Expiring Ins. policies Mr. Paxton said that the Chamber of Commerce had re- quested the use of a conference room on December 13th. Use of Conf. Mr. Rowse moved that the use of the room be granted room free of charge. Mr. Locke seconded the motion, and it was so voted. Mr. Paxton said that the Boston Edison Co. and the N. E. Telephone & Telegraph Co. had requested permission Pole removal to remove one pole on Warren Street opposite Washington Street. Mr. Locke moved that the petition be granted. Mr. Rowse seconded the motion, and it was so voted. 454 Mr. Paxton said the Arlington Gas Company had re - Gas main quested approval of a gas main in Waltham Street, a in Waltham distance of 160 feet southerly from the present end. , Street Mr. Rowse moved that the request be granted. Mr. Locke seconded the motion, and it was so voted. Mr. Paxton read a letter signed by eight persons requesting that snow be removed from the front Request of automobile dealers and filling stations. The letter for snow stated that srow usually was removed from in front of removal the premises, of merchants in Lexington but that the garages & other group had been discriminated against. gas stations fir. Paxton said he contacted most of the surround- ing towns and found It was the practice generally to re- move snow from in front of garages and gasoline stations.. I4r. Paxton said these men were business men who should receive some consideration but it depended on the cooperation with the Town. He suggested that he see the various signers of the petition and ask them to cooperate . The Chairman suggested that a meeting of these men be called and that Mr. Paxton explain the situation to them, but he thought it would be better to contact each one individually because each one pre- sented a different problem. The Board requested him to contact the various men and to submit his recommendations to the Board. Mr. Paxton said he obtained one bid of 070.77 for , shades for the Town Office Building. Nothing has been New shades done on these shades for twelve years. He said he had for Town Off. enough money in his appropriation to pay for new shades Building and he requested approval to secure additional bids and to award the business to the low bidder. Mr. Sarano moved that Mr. Paxton's request be granted. Mr. Rowse seconded the motion, and it was so votea. Mr. Paxton said this afternoon he received a call from Eugene Viano who has purchased a lot of land on Vine Brook Road, formerly owned bzr James J. and Lucy D. Walsh. The existing street is approximately 50 feet . wide. However, from the old wall to Waltham Street, the width is only 40 feet. Mr. Viano anticipates moving the Valentine property to the Walsh lot and if he goes according to the existing street line, he will have to set the house back 10 feet farther than the other houses on the street now. Mr. Viano requested that the proper steps be taken so that the lines of the street will be relocated and a 40 foot street be laid out. Mr. Morse appeared at 10:00 P.M. and retired at 10:27 P.M. Mr. Paxton suggested that Mr. Viano apply for a build- ing permit and then apply to the Board of Appeals for a of the $6,000. bond forfeited by the Lee Construction permit to build his house without having the necessary 20 Company so as to be made available for the Vine Brook Drainage foot set -back from the street. The Board thought this was a good sugf�-estion. Mr. Paxton retired at 10:00 P.M. Mr. Morse appeared at 10:00 P.M. and retired at 10:27 P.M. Mr. Locke moved that the Appropriation Committee be re- Transfer to quested to transfer the sum of 100.00 from the Reserve d. A. Assist. Fund for Old Age Assistance. Mr. Rowse seconded the motion, and it was so voted. Mr. Locke moved that the Town Treasurer be requested to borrow the sum of $4500.00 in anticipation of the grant on Vine Brook Drainage. The Town Accountant's report as of November 30th for pro- ject funds and costs on Vine Brook Drainage and on the North Lexington Sewer were received. Letter was received from the Town Accountant showing the uncollected delinquent taxes as of September 30, 1940. The report on the traffic study made by the State Depart- ment of Public Works was received. The belectmen said they Traffic ' would like to study the report before taking any action on it. study The matter was held over for one week. Letter was received from the Town Treasurer recommend- ing the borrowing of $150,000. in anticipation of revenue. Mr. Rowse moved that an article be inserted in the warrant for the December 30th Town Meeting; for a transfer Article for of the $6,000. bond forfeited by the Lee Construction Town Warrant Company so as to be made available for the Vine Brook Drainage Account, Mr. Locke seconded the motion, and it was so voted. Mr. Sarano moved that an article be inserted in the Article for warrant for the transfer of $5,000. from the E. & D Account Town Warrant for the Snow Removal Account. Mr. Locke seconded the motion, and it was so voted. Mr. Locke moved that an article be inserted in the Article for warrant for the transfer of $5,000. from the E & D. Account Warrant for Chapter 117, Public Welfare Account. Mr. Rowse seconded the motion, and it was so voted. ' Mr. Locke moved that the vote of the Board of July 17, 1940 to request the Appropriation Committee to transfer $2300. Rescind vote from the Reserve Fund for A.D.C. be recinded, and that the of July 17/40 Apptopriation Committee be requested to rescind its vote of September 9, 1940 to make that sum available for A.D.C. Mr. Locke moved that the Appropriation Committee be re- Transfer to quested to transfer the sum of 100.00 from the Reserve d. A. Assist. Fund for Old Age Assistance. Mr. Rowse seconded the motion, and it was so voted. Mr. Locke moved that the Town Treasurer be requested to borrow the sum of $4500.00 in anticipation of the grant on Vine Brook Drainage. The Town Accountant's report as of November 30th for pro- ject funds and costs on Vine Brook Drainage and on the North Lexington Sewer were received. Letter was received from the Town Accountant showing the uncollected delinquent taxes as of September 30, 1940. The report on the traffic study made by the State Depart- ment of Public Works was received. The belectmen said they Traffic ' would like to study the report before taking any action on it. study The matter was held over for one week. Letter was received from the Town Treasurer recommend- ing the borrowing of $150,000. in anticipation of revenue. 456 " Mr. Locke moved that the Selectmen request Mr. Carroll to take bids on the loan. The bids are to be received on , Loan Monday, December 16, 1940 and payable as follows: $75,000.00 on November 7, 1941 and $75,000.00 on December 19, 194E Mr. Rowse seconded the motion, and it was so voted. Letter was received from W. S. Caouette requesting that he be given additional insurance business. Mr. Locke made the motion, which was seconded by Licenses Mr. Rowse, that the following licenses be granted. granted Joseph Trani, 1757 Mass. Ave. Package Goods Store John A. Janse, Newton Centre Trans. of garbage Leon Fiola, 538 Mass. Ave. Methyl Alcohol Newcomb & Dailey, 34 Bedford St. it It Geo. F. Taylor, 424 Marrett Ad. Common Victuallers Mike & Christy Hallos, 1715 Mass.Ave. " it Seillerts 1775 House, Concord Turnpike it Hyman Marcus, 95 Mass. Ave. "- f it " Mary F. Jaynes, 1840 Mass. Ave. Liggett Drug Co.,Inc. 1721 Mass. Ave. " rt Letter was received from Mr. N. L. Knipe, Jr. request- ing that the Town flood Hatch's pond from the hydrant on ' Request to Watertown Street. The Clerk was instructed to ask the flood pond Supt. of Parks if he recommended doing this and if' so, if he had sufficient funds in his appropriation to pay for the expense involved. The Chairman informed the Board that Belmont had a special appropriation each year for Out of State Travel from Out of which funds could be transferred only by vote of the Board State of Selectmen. He asked if the Board here would be interested travel in having a similar account. The Selectmen felt that this fund might encourage requests for funds for out of State travel and decided against having such a fund. The Chairman said that Mr. Potter had suggested that each member of the Board take certain budgets and go over Budgets them with the Department heads. He thought this would give the Board a more intimate knowledge of the departments. Mr. Rowse said that this system had been tried by the Appropriation Committee and was found to be unsatisfactory. No action was taken in the matter. Budgets were acted on as follows: Account Request Approved Board of Appeals Expenses $175.00 $175.00 ' Building Dept. Personal Serv. 1100.00 1100.00 Dog Officer,Personal Services 100.00 100.00 Wire Inspector 100.00 10D.00 Dental Clinic, Personal Services ' Dental Clinic Expenses Posture Clinic Expenses Vital Statistics Animal Inspector,Personal Serv. Fire Pensions Board of Health Expenses Patriot's Day Memorial Day Unclassified Dog Clinic, Expenses C $1750.00 $1750,00 100.00 100.00 625.00 625.00 25.00 25.00 500.00 500.00 1107.81 1107.81 5500.00 5500.00 500.00 500.00 250.00 250.00 250.00 250.00 350.00 350.00 The meeting adjourned at 11:05 P. M. A true record, Attest: Clerk