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HomeMy WebLinkAbout1941-03-17SELECTMEN'S MEETING ' March 17, 1941 A regular meeting of the Board of Selectmen was held in the Selectmen' Room, Town Office Building on Monday evening, March 17, 1941 at 7:30 P. M. Messrs. Rowse, Sarano, and Locke were present. The Clerk was also present. In the absence of Mr. Giroux, Mr. Rowse served as Chairman. At 7:30 P. M. hearing was held for the layout as a Town way Patriots Drive from Meriam Street to Edgewood Road in ac- cordance with the Statute. This hearing was held after written notices of the intention of the Board of Selectmen to lay out the street had been served on the following abutters: Mrs. Ina Downs, 11 Edgewood Road; Mr. Charles M. Blake, 59 York Street, Mrs. Lulu M. Blake, 14 Oakmount Circle, Mr. Robert C. Merriam, 4 Oakmount Circle, Mrs. Lois M. Marshall 7 Patriots Drive, Mrs. Ruth A. Stone, 6 Patriots Drive, Mr. Harry E. Stone 6 Patriots Drive, Boston & Lowell Railroad Corporation, Boston, Mrs. Lena G. Dreselly, 15 Goodwin Road, Mary W. McAllister, 17 Edgewood Road. Mr. & Mrs. Andrew Dreselly, Mr. Norman Downs and Mr. Roswell S. Eldridge were present at the hearing. Mr. Paxton, Supt. of Public Works was also present. A plan prepared by the Town Engineer showing the exterior lines of the street was explained by Mr. Paxton. Mr. Downs presented a plan of his lot and there was a slight variation in the angle at Edgewood Road and Patriots Drive as compared with the angle shown on the Town plan. Mr. Paxton said he would check up on the matter and thought probably there was an error in the figure on Mr. Downs' plan. Mr. Rowse said that there was to be no charge for betterments to any abutters other than the Blakes. Mr. Downs said he had no objection to the lay- out excepting he did not want the travelled way coming any closer to his house than it is now. Mr. Rowse asked if he would like to have the street staked out and he said he would. Mr. Paxton said he would be glad to have this done. Mr. Downs checked with the Town Engineer's office and was told that there were to be no land takings. He said he was not here to protest the layout. Mr. FXdridge said he was appearing for Mrs. Mary W. McAllister and that she had no objections to the layout. The'group retired at 7:55 P. M. A letter was received from the Boston and Maine Railroad stating that that company had seen the plan of Patriots Drive as laid out by the Town Engineer and inasmuch as there would be no betterment charges against the railroad, it had no ob- jection tb-the project.. Lay out as Town way Patriots Drive 564 ftll Mr. Locke moved that the Selectmen lay out as a Town way Patriots Drive from Meriam Street to Edgewood Road, a distance of approximately 1098 feet as shown on a plan entitled: "Plan of Patriots Drive, Lexington, Mass. Scale 1 inch = 40 ft. Feb. 27, 1941 John T. Cosgrove, Town Engineer", which plan is on file in the Town Clerk's Office in the Town Office Building. A bond in the sum of $47,800.000 issued by the American I'Town Tress. Employers Insurance Company, on behalf of James J. Carroll as bond Town Treasurer was received. Mr. Locke moved that the Selectmen approve the bond. Mr. Sarano seconded the motion, and it was so voted. A public official bond, issued by the American Employers' Town Clerk Insurance Company, in the amount of $1,000.00 on behalf of bond James J. Carroll as Town Clerk was received. Mr. Locke moved that the Selectmen approve the bond. Mr. Sarano seconded the motion, and it was so voted. A letter was received from Mr. Wrightington with refer- ence to Article 42 of the warrant, which is the article re- questing that the members of the Fire Department be placed under Civil Service. Mr. Wrightington said he believed the Re: Civil article should have called for the acceptance of Section 48 Service for instead of Section 4. The Chairman had asked him if the Fire Dept. article would include call men and Mr. Wrightington said ' Section 48 provides that its acceptance shall include regular members and may include call members. He felt that the vote must specifically provide for acceptance as to call members and he thought the article in the warrant should In- dicate that acceptance to both regular and call members was to be voted on. The Clerk reminded the Board that on February 24th Chief Taylor agreed with the Selectmen that it would be best to move for indefinite postponement on Article 42 and to have a committee appointed, under Article 2, to study the question of Civil Service for the Fire Department. A letter was received from Mr. Wrightington in response to the Board's question asking if it would be all right if a separate warrant for the annual election and another separate warrant for the annual Town Meeting were issued. Mr. Wright- ington said that it was his opinion that we could not have two warrants for the same meeting. He said if we had two separate warrants for the two parts of the meeting, the second part would be a separate meeting ---in other words, a special meeting and not the annual meeting. He said that occasionally there were statutes which required action at an annual town meeting. He said he saw no advantage in having the two separate warrants. , ' A letter was received from the British Naval & Military British Vet. Veterans Association advising that it was voted to hold the pilgrimage annual pilgrimage to Lexington on May 25th. The Board had no objection to this. A letter was received from Mr. Wrightington advising that he approved of the payment of 040.00 to Walter A. Gleason Gleas6n in settlement of his claim for damage to his car when it struck settlement an open catch basin on Waltham Street on January 30, 1941. An application for an overhanging sign permit was re- Liggett's ceived from Liggett's Drug Store on Mass. Avenue. Mr. Sarano overhanging moved that the permit .be granted subject to the approval of sign the Building Inspector. Mr. Locke seconded the motion, and it was so voted. The Town Accountant submitted a financial report on the North Lexington Sewer and Vine Brook Sewer and Drain Pro- jects. It was decided to have copies of the reports mimeo- graphed for the Town Meeting members. Mr. Morse appeared at 8:25 P. M. and retired at 8:55 P.M. Mr. Paxton appeared before the Board. He said that the Veterans of Foreign Wars had requested ' use of Cary Hall on May 13th for a military and charitable ball. Mr. Sarano moved that the use of the hall be granted free of charge. Mr. Locke seconded the motion, and it was so voted. Mr. Paxton said that the Precinct.2 Town Meeting members had requested use of Estabrook Hall on March 27th. Mr.Sarano moved that the use of the hall be granted free of charge. Mr. Locke seconded the motion, and it was so voted. Mr. Paxton said the Air Defense Committee had requested use of the use of the Engineers' Room for a meeting on March 20th. Mr. Saran moved that the use of the room be granted free of charge. Mr. Locke seconded the motion, and it was so voted. Yr. Paxton said he had received bids from ten different companies on small tools. In the past, it has been left that he would buy the tools from whatever company he wished to do business with. Mr. Locke moved that Mr. Paxton be given the same authority this year. Mr. Sarano seconded the motion, and it was so voted. Mr. Paxton said Mr. Ross had included in his Sewer Main- tenance and Water Maintenance Appropriation the sum of $300.00 for a diaphram pump, also they have encountered considerable water on the W.P.A. sewer project. Uses of halls Purchase of small tools 566 71% 06-1 Ggi% Not Cost per foot 8" 5.203 $.203 $.214 10.1 .3045 .3045 .3202 Mr. Beach has checked on rental prices for pumps and finds the cost is $5.00 per day. Both Mr. Beach and Mr. Ross said I that they preferred the Edson pump. Mr. Ross feels he should Minus_Preight Re: Pumps keep his pump at the Public Works Building for emergency and for sewer Mr. Beach feels he should have a pump on his project at all 3% work times. Mr. Paxton recommended purchasing two three-inch pumps; one for the Water and Sewer Department and one for the W.P.A. Mr. Rowse asked who would own the pump when the sewer job was finished if the pump was purchased for the W.P.A. sewer work. Mr. Paxton said he thought the pump should go to the Sewer Department, Mr. Rowse said he thought one pump would be enough. He said he didn't believe it would be legal to charge the pump to the money provided by the bond issue. He thought that if Mr. Beach wanted to make an agreement to hire a pump at the usual rental price, and used it for a sufficient number of days to pay for the pump, it could then be purchased. Mr. Paxton said that it was his understanding that the Selectmen were opposed to rental purchases. It was finally decided that it would be all right to hire the pump on a rental purchase basis for the W.P.A. but that the pump for the Sewer Department should not be purchased until after Town Meeting. Mr. Rowse said what disturbed him most was who would vwn the equipment after the job was completed. Mr. Paxton said he had obtained prices on V.C. and con- , trete pipe, for the W.P.A. and the Sewer Department. Prices were received on a total of 4200 feet of 8 inch pipe and Re: Pipe 850 feet of 10,inch pipe, of which 1300 feet of 8 inch pipe for sewer was for the Sewer Department and the remainder is for W.P.A. work sewer projects. After some discussion pertaining to the available funds at the present time, it was voted to purchase the pipe from the Lexington Lumber Company,providing the funds were available in carry over accounts. Prices on V.C. Pipe Lexington Lumber Waldo Bros. E.G.Barker Company Company Lumber Co. Discount Off List 71% 71% Ggi% Not Cost per foot 8" 5.203 $.203 $.214 10.1 .3045 .3045 .3202 Cash Discount Minus_Preight Town Paid 5% 3% 1i% Mr. Rowse called the Board's attention to the fact that if any materials were purchased before the money was appropriated, the Board of Selectmen were personally liable. ' ' Mr. Paxton said that during the last snow storm one of the men at the Public Works Building found a short circuit in one of the lights. It was discovered that the rubber had disinteg- rated and had caused a slow short circuit. In some cases the bare wire is showing. The cost of repairing the fixtures has been estimated at $160.00. Mr. Paxton said that it would be possible of course to fix the lights that are gone now and post- pone repairing the others until they are gone. Mr. Rowse suggested that the lights that are actually gone.be fixed. Mr. Paxton said that we would still have a dangerous situation there and the electrician who inspected the work stated that he did not feel that it was a safe condition. It was left that only the lights which are actually gone are to be fixed. Mr. Paxton said that the mechanic at the Public Works Building, Frank Barry, had found out that he was not going to receive an increase in salary. He says he was hired at a salary of $35.00 with the understanding that he would be raised to $40.00 within six months. The man has been here several years and has done very well. During the past two months he had a couple of jobs offered him but he refused them believing he was going to receive an increase. He felt that if another job was offered him he would have to take it. Mr. Rowse felt that nothing should be done on the matter until after the committee appointed to study salaries had submitted its report. Mr. Saran said that Mr. Barry would be willing to stay if he received a $2.00 increase this year and $3.00 next year. Mr. Sarano said he felt that Barry had done splendid work and he would be very much disturbed if the Town lost him. It was decided to discuss the matter further at the next meeting when the Chairman would be present. Mr. Paxton said on Saturday, March 8th, one John Timbury collided with a town snow plow and the right front fender of his car was damaged. Mr. Paxton read a letter from Mr. Timbury placing the blame on the snow plow and claiming damages. Mr. Paxton said as he got the story, James Casello was operating the snow plow and was backing out of the Cary Memorial Build- ing Drive. Wallace Weisinger was across the street and saw the accident happen. As the snow plow was backing out, the Timbury car came up Mass. Avenue from Woburn Street at a fast rate of speed and skidded into the plow. Casello said that when he started to back up he saw no car coming up Woburn St. of Mass. Avenue. Mr. Paxton thought the cost of repairing the fender would be about t20.00. The Board instructed him to deny responsibility in the case. Mr. Paxton said he checked with the Middlesex & Boston Street Railway Company about moving the bus stop from in ' front of Waldron's diner up toward Waltham Street. Lights at Public Wks Building Salary of Town Mech. Timbury claim for damages Move bus stop sign 568 The Company saw no reason why the sign could not be shifted. , Mr. Sarano moved that the bus stop sign be moved. Mr. Locke seconded the motion, and it was so voted. Mr. Paxton asked if the Board wanted him to advertise for bids on sand and gravel and the Board told him it would be Sand -Gravel all right if he merely sent out the usual letters and omitted Bids advertising in the paper. A copy of the agreement between the Lexington Trust Co. and the Board of Selectmen, representing the Town of Lexing- ton, was received as follows: AGREEMENT made this eleventh day of March, 1941, between the TOWN OF LEXINGTON, a municipal corporation in the Common- wealth of Massachusetts, hereinafter called the "Torn", and LEXINGTON TRUST COMPANY, a banking corporation organized under the laws of said Commonwealth, having its (principal business in said Town, hereinafter called the "Bank'; WHEREAS, the Secretary of Agriculture, to effectuate the Food Stamp Plan under the Surplus Marketing Administration of the United States Department of Agriculture, issued cer- Agreement: tain Regulations relative to the operation of the Food $tamp_Plan Food Stamp which became effective July 1, 1940; and ' Plan WHEREAS, it is proposed to inaugurate the operation of the Food Stamp Plan in said Town, which has been or will 'ie designated by Surplus Marketing Administration as an area in which Food Stamps may be used; and WHEREAS, it is the desire of the parties hereto to put said Food Stamp Plan in operation in said Town forthwith; and WHEREAS, the maintenance of an adequate supply of Food Stamps for the operation of said Plan within said Town will require a revolving fund of approximately Five Thousand Dollars; and WHEREAS, the Bank, in order to facilitate the inauguration of said Food Stamp Plan, is willing to provide money for the purchase of Food Stamps for use by the Town in the operation of said Plan; and WHEREAS, it is the purpose of this Agreement to assure the Bank for the return of such sums as it may provide from time to time for the procurement of said Food Stamps; NOW, THEREFORE, in consideration of the premises and of the mutual agreements herein contained, the parties hereto I agree as follows: 1. The Bank agrees that it will, during the term of this agreement, obtain, so far as it may do so under said Regulations, Orange and Blue Food Stamps by depositing with the Surplus Market- ing Administration such sums of money, not exceeding Five Thousand Dollars (05,000.00) at any one time outstanding, as the Town may from time to time request; each such deposit to be not in excess of the aggregate face amount of Orange Stamps for which requisi- tion is concurrently made by the Town to the Surplus Marketing Administration. 2. Each such deposit shall be made by Cashier's Check of the Bank payable to the order of the Treasurer of the United States, and shall be delivered to or upon the order of the person designated by the Board of Public Welfare of the Town to receive, distribute and account for Food Stamps, which person Is hereinafter referred to as the "Agent". All checks so de- livered to the Agent shall be held in trust by him to apply the same in payment for Stamps concurrently requisitioned. 3. All Stamps purchased with money provided by the Bank shall be held in trust by the Agent for the Bank, but with power to dispose thereof in the regular operation of said Food Stamp Plan. All proceeds of the sale of such Stamps shall be the property of the Bank, shall not be commingled with any funds 1 of the Town, but at the close of business on each day shall be paid over to the Bank, to be credited by it against money pre- viously advanced hereunder. 4. The Town shall furnish the Bank with a copy of each audit of Food Stamp records made by the Surplus Marketing Ad- ministration during the term of this Agreement. 5. It is contemplated that the Town will shortly have available the necessary funds to carry on the Food Stamp Plan without the use of funds provided by the Bank, and will there- upon pay to the Bank so much of the funds provided by the Bank for the purchase of Food Stamps as shall not theretofore have been repaid to it out of the proceeds of the sale of Food Stamps. The Town agrees that if it shall not have made such payment to the Bank on or before June 1, 1941, it will, 8n written request of the Bank at any time thereafter, promptly terminate the opera- tion of the Food Stamp Plan in said Town and will cause all un- issued Stamps then on hand to be redeemed by the Surplus Market- ing Administration pursuant to the provisions of said Regulations relative thereto, and will cause the proceeds of such redemption to be paid over forthwith to the Bank. After making such written request, the Bank shall be under no obligation to provide further funds under this Agreement. 1 570 6. The Town shall, at its own cost and expense, cause the Agent and every other person or employee handling Food Stamps or the proceeds thereof to furnish and maintain through. out -the term of this Agreement a fidelity bond running in favor of the Town and the Bank, as its interest may appear, in such form and for such penal sum not exceeding a total of Five Thousand Dollars ($5,000.00), and with such bonding or surety company thereon as shall be satisfactory to the Bank. The Town shall also obtain and keep in force throughout the term of this Agreement, at its own cost and expense, a policy of "all risk" insurance in favor of the Town and the Bank, as its interest may appear, protecting the Town and the Bank against loss of.the proceeds from the sale of Food Stamps and against loss of any unissued Food Stamps on hand, in such amount, not exceeding a total of Five Thousand Dollars ($5,000.00) and with such insurance company as shall be satis- factory to the -Bank. The Town agrees that it will hold any sums received by it from the bonds and insurance policies mentioned in the pre- ceding paragraph in trust for the benefit of the Bank to the extent that any loss thereunder shall not have been paid direct to the Bank. 7. This Agreement may be terminated at any time by the Town upon full payment to the Bank of all advances at any time remaining unpaid. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be duly executed upon the day and date heretofore written. Archibald R. Giroux A. Edward Rowse Errol H. Locke George W. Sarano A Majority of the Board of Selectmen of the Town of Lexington LEXINGTON TRUST COMPANY, By Clarence S. Walker Treasurer The Clerk was instructed to furnish the Town Accountant and the Town Clerk with a copy of the agreement. The meeting adjourned at 10:25 P.M. A true record, Attest: Clerk I.WW 1 C