HomeMy WebLinkAbout1941-04-28SELECTMEN'S MEETING
April 28, 1941.
A regular meeting of the Board of Selectmen was held
in the Selectmen's Room, Town Office Building on Monday
evening, April 28, 1941 at 7130 P. M. Chairman Giroux,
Messrs. Potter, Rowse, Locke and Sarano were present. The
Clerk was also present.
At 7130 P. M. the Town Treasurer and six brokers ap-
peared before the Board for the openingofbids on loans.
Mr. Carroll said that all companies bidding had submitted
their bids on the entire lot, a total of $63 000.00 com-
posed of $400000.00 for water construction; 18,000.00 for
sewer construction and $15,000.00 for Follen Road Construct-
ion. The following bids were receivedl
Chase Whiteside
100.639
1%
Lexington Trust Co.
100.101 -
3141'of
1%
R. L. Day & Co.
100.319 -
3;/4
of
Estabrook & Co.
100.832 -
Second National Bank
100.834 -
1%
Bids on Bond & Company
100.528 -
1%
loans Newton Abby Corp.
100.30 -
3/4
of
1%
F. Brittain Kennedy & Co.
100.022 -
3/4of
196.
Tyler & Company
100.799 -
1
Smith Barpey Co.
100.695 -
1%
R. W. Pressprich & Co.
100.0014-
3/4
of
1%.
Lyons & Shafto Inc.
100.145 -
3/4
of
1%
Mr. Rowse moved that the bid of R. L. Day & Co. be
accepted. Mr. Sarano seconded the motion, and it was so
voted.
At 8105 P. M. Mr. Paxton appeared before the Board. He
said that the Choral Society had requested the use of Cary
Use of Hall May 15th for a concert and May 14th for a rehearsal.
hall Mr. Potter moved that the uses of the hall be granted
free of charge. Mr. Locke seconded the motion, and it was
so voted.
Mr. Paxton said that street lights had been requested
on the following streets: Lexington Avenue, four lights;
Locust Avenue, one light; Follen Roast, one light and Richard
Road, three lights. He recommended that these lights be
approved, and the Board voted to approve them.
Mr. Sarano said that Mr. Toras Bashian had asked him
to call on him and he did so. There is a spring near his
house with a fork in it and one part goes under Mass. Ave.
and the other part goes under the house. Mr. Bashian
thinks that the spring is undermining the wall and that
something should be done about it. He also said that when
Wood Street was constructed there was a stone wall on the
lower part of his property and the Town took the stone away
from the wall and used it for fill. Two of the members of
the Board at that time told him that a fence would be put,
in to keep his stock there, but this was never done. He al-
so said that the fence on Mass. Avenue is beginning to go
and he thinks something dzuld be done on that.
The Board requested Mr. Paxton to look into the matter
and report at a later date.
At 8:15 P. M. Mr. Heberd of the State Department of Public
Works, Messrs, Wm. Roger Greeley and Theodore A. Custance ap-
peared before the Board. The Chairman said that the Board'
would like to know the proposed layout of Route 128 so that
the Town could do everything possible to keep people from
building in the path of the road. He said that the Board was
also anxious to know what the proposed route of the Lowell
Turnpike would be. Mr. Heberd said that he could not give
anything definite on the Lowell Turnpike and could only say
that the Department felt sure it would build south on it be-
fore doing anything further north. Mr. Heberd presented a
plan showing the proposed location of Route 128 but said it
was not definite at all.
The group retired at 8t50 P. M. and Mr. Sarano left at
this time also.
The Retirement Board appeared before the Selectmen.
Chairman Walker said that the retirment of one of the
Water Department employees, Mr. James Denney, had brought
the question of veterans retirement before the Board. Mr.
Denney reaches age seventy on June 12th. He is a Spanish
War veteran and accordingly,,if the Town had adopted the so-
called Veterans Act made available in 1920, Mr. Denney would
be entitled to retirement at half pay, but as the Town has
not adopted this Act, Mr. Denney will receive $480.00 per
year as compared with something over $600.00 he would have re-
ceived.
Secretary Russell wrote to Mr. Wrightington and his re-
ply was read by Mr. Walker. Mr. Wrightington stated that the
Board of Selectmen, as the Retiring authority, might accept
Section 56 to 59 inclusive of Chapter 32 of the General Laws.
If the Board did this and then found that Mr. Denney was in-
capacitated for active service and the Board consented to his
being retired under the provisions of those Sections, the man
would be entitled to a retirement allowance at least equal to
that to which he would have been entitled under the Veterans
i Act.
Bashian Is
spring
Rei Route
128
James Denney
retirement
lim
A letter was received from the Town Counsel stating
that various questions had arisen in connection with the
Patriots deed for the acceptance of Patriots Drive and the Order
Drive deed of Taking of the same. It was decided to request Mr.
Wrightington to straighten out the matter so that the
deed might be in proper form for acceptance by the Town
and also to prepare the Order.
Mr. Morse appeared at 9:15 P. M. and retired at
10:03 P. M. 0
Retire-
Mr. Walker said it was the duty of the Board of
ment to see that a retiring employee got the maximum bene-
fits to which he was entitled. Mr. Potter asked if the
Selectmen had the right to accept the provisions of the
Veterans Act without a vote of the Town Meeting and Mr.
Walker replied in the affirmative.
Mr. Russell said he talked this matter over with Mr.
Damren of the Appeal Board in Boston and he sees no reason
why the Selectmen should not accept these Sections. The
Chairman asked if doing this would cripple the resources
of the Retirement Board and Mr. Russell said he did not be-
lieve so. He said that Mr. Denney was the only Spanish
War veteran in the Town. There are some world war veter-
ans, but they will not be eligible for retirement for some
gears and by that time their retirement will probably
amount to as much as they would receive under the Veterans
Act. Mr. Russell said that if the Board accepted the Sec -
Veterans
tions referred to, it could, upon application of an em -
Act
ployee, after it was found that he was incapacitated and
had an income of less than $500.00 and had been an employee
more than ten years, retire him as a veteran. His pension
would be paid by the Department for which he had worked.
Mr. Russell thought that an employee would come under the
contributory system provided he would not receive less
than he would have if he did not come into the Retirement
-System.
Mr. Russell said that he had no doubt that within the
next ten years there would be some veterans retiring who
would be politically powerful enough to have the Town ac-
cept the Veterans Act and if we felt this Act would be
accepted some time and benefit some veterans, it should be
accepted now. It was decided to take no action until the
next meeting.
The Retirement Board left at 9:10 P. M.
A letter was received from Mrs. Paul G. Alger, presi-,
dent of Auxiliary #11, Sons of Union Veterans, advising
that one of its members had been elected Department Presi-
Use of
dent of Massachusetts and that she would be tendered a
Hall
reception on June 28th. Mrs. Alger requested the use of
Cary Hall for this reception.
Mr. Potter moved that the request be granted. Mr.
Locke seconded the motion, and it was so voted. '
A letter was received from the Town Counsel stating
that various questions had arisen in connection with the
Patriots deed for the acceptance of Patriots Drive and the Order
Drive deed of Taking of the same. It was decided to request Mr.
Wrightington to straighten out the matter so that the
deed might be in proper form for acceptance by the Town
and also to prepare the Order.
Mr. Morse appeared at 9:15 P. M. and retired at
10:03 P. M. 0
A letter was received
ciation of. Greater Boston
Tag Day on May 3, 1941.
Mr. Potter moved that
seconded the motion, and
from the Chinese Students' Asso-
requesting permission to hold a
permission be granted.Mr. Locke
it was so voted.
A letter was received from the Veterans of Foreign Wars,
requesting permission to conduct a Poppy Drive: in Lexington
on May 24th.
Mr. Locke moved that the request be granted. Mr. Rowse
seconded the motion, and it was so voted.
Tag Day
Permit
Poppy Drive
permit
A letter was received from Mr. Carroll advising that the. Comm. to
following persons had been appointed by the Moderator to in- study wel-
vestigate the Public Welfare situation: William R.Rosenberger, fare
2139 Mass. Avenue; Harold F. Lombard, 24 Vine Brook Road, and
Clarence E. Smith, 18 Pinewood Street.
The Clerk asked what the bill for recording the Order of Depot Pk.
Taking on Depot Park was to be charged to. Order of.
Mr. Potter moved that the bill amounting to $4.80 be Taking
charged to the Unclassified Account, Mr. Locke seconded the bill
motion, and it was so voted.
A letter was received from the Town Counsel advising that
the contract for the purchase of the two-way radio system Two-way
for the Police Department from the RCA Manufacturing Company radio
was in order to be signed.
Mr. Locke moved that the contract be signed. Mr. Potter
seconded the motion, and it was so voted.
A copy of a letter from Irving Strauss to Mr. Wrightington
was received advising that the contract price of the two-way Price of
radio had been changed from $2435.65 to 2030.65. radio
The Chairman called to the Board's attention the fact
that the Town Meeting voted to instruct the Selectmen to
appoint a committee of five to make a complete study of
salaries. Mr. Rowse moved that the following persons be
appointed to this committee: Messrs. J. Henry Duffy,Philip
M. Clarke, George W. Nary, Eugene T. Buckley and William H.
Driscoll. Mr. Locke seconded the motion, and it was so
voted.
Mr. Morse returned to the meeting and said.that Mr.
Wilbur Roberts had used his car some 300 miles for Food
Stamp Plan investigation and asked if the Board would ap-
prove payment of 411.00 for the use of his car.
Mr. Locke moved that the payment be approved., Mr.
Potter seconded the motion, and it was so voted.
Comm. to
study
salaries
Wilbur
Roberts'
car
Bids on police cars were received as follows:
F. K. JOHNSON, INC. -
Mr. Potter moved that the following licenses be granted:
Delivered price
Mr. Locke seconded the motion, and it was so voted.
Less Federal Tax
Max Sullin, 132 South St., Waltham Junk Collector
Licenses
Swenson Bros. Allen Street 100 swine
granted
Carroll bro,. Allen Street 100 swine
Department" or} each door
Western Union Tel. Co. 1736 Mass. Ave. Overhanging sign
Solglad Burtch, 1936 Mass. Ave. Intelligence office
Second car
The Chairman said that the Auxiliary Police Force had
Aux.Police
been furnishing its own ammunition and they would like the
ammunition
Selectmen to request the Appropriation Committee to trans-
1939 Chevrolet 2JB01-9531
fer $25.00 from the Reserve Fund for the purchase of ammuni-
1940 Chevrolet 2KB03-10776
I�
tion.
Net Cost
Mr. Rowse moved that the Appropriation Committee be
MASTER SERVICE STATION
requested to transfer $25.00 from the Reserve Fund for the
purchase of ammunition. Mr. Potter seconded the motion and
it was so voted.
Bids on police cars were received as follows:
F. K. JOHNSON, INC. -
Delivered price
$826.00
Less Federal Tax
24.00
Bids on
802.00
Police Cars Lettering "Lexington Police
Department" or} each door
10.00
812.0
Second car
812.00
1624 O
Allowance
1939 Chevrolet 2JB01-9531
1940 Chevrolet 2KB03-10776
I�
910.00
Net Cost
7 4.00
MASTER SERVICE STATION
Two P 11 Plymouth 2 Door Sedans painted white less
insignia on sides, One thousand dollars $1,000.00 and
1940 & 1939 Chevrolets in trade.
CALVIN W. CHILDS
1941 Ford DeLuxe Tudor, painted vhite with "Lexington
Police Dept." lettered on both doors, less Federal Tax,
$396.56, taking in trade 1940 Chevrolet,
1941 Ford DeLuxe Tudor, painted white with "Lexington
Police Dept." lettered on both doors, less Federal Tax,
0471.56, taking in trade 1939 Chevrolet.
F. K. Johnson, Inc. being low, Mr. Potter moved that
their bid be accepted. Mr. Locke seconded the motion, and
it was so voted.
C]
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There was considerable discussion as to whether both cars
or one were to be painted white. The Chairman said that Frank
Neal thought it would be.wiedom to have only one car painted
white. He said that on the midnight shift that if a car which
looked suspicious was stopped on the side of the road and the
police drove up in a white car, and the people were the sort
that were going to do any harm, they would do so right away
without giving the police a chance. Officer Neal also pointed
out that there were times when the Police Department had to
make calls at private houses for various reasons and it might
be embarrassing to have a white car drive up. Mr. Potter
said that all the large cities were using cars painted either
white or aluminum and if they were successful there, he thought
they should be here. It was decided to try them out for this
pear anyway.
A letter was received from Chief Sullivan advising the
Board of the death of Thomas C. Buckley on April 21, 1941.
The Chairman said that flowers had been sent to the family.
Mr. Potter moved that the bill for the flowers, amount-
ing to $5.00, be charged to the Unclassified Account. Mr.
Locke seconded the motion, and it was so voted.
Mr. Locke said that he had discussed with Mr. McCarter
the water bills for the First Parish Parsonage at 16 Hancock
Street. He told Mr. McCarter that the meter tested accurately
and that there were no leaks in the plumbing when the latter
was tested. Mr. McCarter said that the water was wasted in
some unknown manner.
Mr. Potter thought that it would be only right to give
the church the water at cost and the Clerk was instructed to
notify the Supt. of the Water Department to put through an
abatement for the difference between the charge of the ex-
cess water at cost and what it was actually billed at.
Discussion
re:color
new police
cars
Death of
Officer
Buckley
First
Parish
parsonage
water bil
Mr. Potter moved that the following orders be signed.
Mr. Locke seconded the motion, and it was so voted.
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss. Town of Lexington
WHEREAS, the Town of Lexington at a town meeting duly
called and held on March 31, 1941 and adjourned to April 71,
1941, duly adopted under Article 12 of the Warrant the
following votes
"Voted: That the Selectmen be authorised to install
water mains not less than 6" nor more than 16" in diameter
in such accepted or unaccepted streets as may be applied for
during the year 1941, and to take by eminent domain any
necessary easements therefore, and for the purpose of said
installation the sum of $40,000.00 be appropriated, and that
the Town Treasurer be and hereby is authorized to sell under
the direction of and with the approval of the Board of Select-
men, bonds or notes of the Town issued and payable in ac-
cordance with the law, for a period not exceeding eight years.
"Voted: That the water mains inttalled during the year
1941 in accordance with the vote taken under Article 12 of
the Annual Warrant shall be subject to the assessment of
betterments, in accordance with authority contained in the
By-laws of the Town.
Votedt By the Selectmen acting as a Board of Water
and Sewer Commissioners under the authority of the fore-
going vote and of every other power them thereto enabling
that a water main be constructed in Patriots Drive from the
present end a distance of approximately 300 feet northeasterly
substantially in accordance with plan of Joseph A. Ross,
dated April 25, 1941, and entitled, "Plan of Proposed Water
Main in Patriots Drive, Lexington, Mass., Scales 1 in. = 40
ft., Apr. 25, 1941, Joseph A. Ross, Supt. Water Dept."
Betterments will be assessed for this improvement in ae
oordanee with the provisions of Chapter 80 of the General
Laws.
The area which it is expected will receive benefit or
advantage other than the general advantage to the community
from such improvement is described as followst
That portion of those properties on each side of Patriots
Drive beginning at the present end and extending northeasterly
a distance of approximately 300 feet.
The said area comprises the several lots shown upon the
plan of Joseph A. Ross, Supt. W9ter Department hereinbefore
referred to which are designated in the schedule hereto an-
nexed and made a part hereof.
We estimate the betterments that will be assessed upon
each parcel of land to be as shown in the schedule hereto an-
nexed and made a part hereof.
Witness our hands at Lexington aforesaid this twenty-
eighth day of April, 1941.
Archibald R. Giroux
William G. Potter
Errol H. Locke
A. Edward Rowse
Board of
Selectmen of
the Town of
Lexington
•
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COMMONWEALTH OF MASSACHUSETTS
Middlesex, as,
2
Town of Lexington
April 28, 1941
Then personally appeared the above named Archibald R,
Giroux, William G. Potter, A. Edward Rowse, and Errol H,
Locke and severally acknowledged the foregoing instrument
and statement by them subscribed to be their free act and
deed and the free act and deed of the Board of Water and
Sewer Commissioners of the Town of Lexington, before me,
Eleanor M. Lowe
Notary Public
My commission expires Oct. 9, 1947.
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER.
PATRIOTS ARRIVE
(From the present and a distance of approximately
300 feet northeasterly).
Owner as of January 1, 1941 Lot No, Assessment
Lulu M. Blake $166,73
Charles M. Blake b 128,70
ORDER OF TAKING
By the Town of Lexington of Easement for
the Construction of a Water main
LEXINGTON AVENUE
(From Follen Road to Robbins Road in a northerly
direction a distance of approximately
450 feet)
WHEREAS, at a meeting duly called and'held on March
310 1941 and adjournedto April 7, 1941, the town meeting of
Lexington pursuant to an article in the warrant of the
meeting for which due notice was given, duly adopted by
unanimous vote the following vote and made an appropriation
therefore
The right to enter upon the land shown as Lexington
Avenue on a plan entitled "Plan of Proposed Water Main in
Lexington Avenue, Lexington, Mass. Scale 1 in. = 40 ft.
April 25, 1941, Joseph A. Ross, Supt. Water Dept." and
owned by R. Lockwood Tower, et al, and Wm. N. Robbins, Tr.
and construct therein a line of water main with all
necessary connections, shut -offs, and appurtenances sub-
stantially as shown on a plan of Joseph A. Ross, Supt. Water
Department,,dated April 25, 1941s to be recorded herewith.
The easement covered by this taking includes the right on
the part of the Selectmen of the said town or other duly
authorized agents of the town to enter upon, dig up, open
and use the land embraced within the said way as may be
reasonably necessary for the purpose of initially construct -
Ing and thereafter maintaining, operating, inspecting, re -
ring and replacing from time to time the said water main,
Me said town being always bound to see that the ground
after the completion of the work in each case is cleared
of all surplus material and surface left in as =ooth and
good condition as at the time of entry.)
"Voted: That the Selectmen be authorized to install
water mains not less than 6" ncrmore than 16" in diameter
in such accepted or unaccepted streets as may be applied for
during the year 1941, and to take be eminent domain any
necessary easements therefor, and for the purpose of said
installation the sum of 40,000.00 be appropriated, and that
the Town Treasurer be and hereby is authorized to sell under
the direction 6f and with the approval of the Board of Select-
men, bonds or notes of the Town issued and payable in accord-
ance with the law, for a period not exceeding eight years.
11
Voted: That the water mains installed during the year
1941 in accordance with the vote: taken under Article 12 of
the Annual Warrant shall be subject to the assessment of
betterments, in accordance with authority contained in the
By-laws of the Town."
AND WHEREAS, the right of way and easement hereinafter
described and taken are necessary for the establishment and
maintenance of the Haid water main;
NOW THEREFORE, the Board of Selectmen of the Town of
Lexington, acting as a Board of Water and Sewer Commissioners
for and in behalf of the said town, by virtue of the authority
conferred upon them by the foregoing vote and of every other
power them thereto enabling, hereby adopt this order of taking
by eminent domain, for the said public improvement for the
purpose of constructing and maintaining a water main in Lex-
ington Avenue, from Follen Road to Robbins Road in a
northerly direction a distance of approximately 450 feet as
aforesaid, the following easement, namelyt
The right to enter upon the land shown as Lexington
Avenue on a plan entitled "Plan of Proposed Water Main in
Lexington Avenue, Lexington, Mass. Scale 1 in. = 40 ft.
April 25, 1941, Joseph A. Ross, Supt. Water Dept." and
owned by R. Lockwood Tower, et al, and Wm. N. Robbins, Tr.
and construct therein a line of water main with all
necessary connections, shut -offs, and appurtenances sub-
stantially as shown on a plan of Joseph A. Ross, Supt. Water
Department,,dated April 25, 1941s to be recorded herewith.
The easement covered by this taking includes the right on
the part of the Selectmen of the said town or other duly
authorized agents of the town to enter upon, dig up, open
and use the land embraced within the said way as may be
reasonably necessary for the purpose of initially construct -
Ing and thereafter maintaining, operating, inspecting, re -
ring and replacing from time to time the said water main,
Me said town being always bound to see that the ground
after the completion of the work in each case is cleared
of all surplus material and surface left in as =ooth and
good condition as at the time of entry.)
•
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•
Betterments will be assessed for this improvement in
accordance with the provisions of Chapter 80 of the General
Laws. The area which it is expected will receive advantages
other than the general advantage to the community from such
improvement comprises the several lots shown upon the plan
of Joseph A. Ross, Supt. Water Department, above referred to,
which are designated in the schedule hereto annexed and made
a part hereof.
We estimate the betterments that would be assessed upon
each said parcel of land to be as shown in the said schedule.
We determine that no damages have been sustained and none
are awarded.
To have and to hold the said easement to the Town of Lex-
ington, its successors and assigns, to its and their own use
and behoof forever agreeable to the provisions of the said
Chapter 79 of the General Laws and all pertinent acts in amend-
ment thereof or supplemental thereto.
IN WITNESS WHEREOF the undersigned being a majority of
the Board of Selectmen of Lexington aforesaid have hereunto
subscribed our names this twenty-eighth day of April, 1941.
Archibald R. Giroux Selectmen
William G. Potter of
Errol H. Locke
A. Edward Rowse Lexington
COMMONWEALTH OF MASSACHUSETTS
Middlesex, ss.
April 28, 1941.
Then personally appeared the above named Archibald R.
Giroux, William G. Potter, A. Edward Rowse, Errol h. Locke
and severally acknowledged the foregoing instrument by them
subscribed to be their free act and deed and the free act
and deed of the Board of Selectmen of the Town of Lexington,
before me,
Eleanor M. Lowe
Notary Public
My commission expires Oct. 8, 1947
29
SCHEDULE OF ESTIMATED BETTERMENTS
REFERRED TO IN THE FOREGOING ORDER
LEXINGTON AVENUE
(From Follen Road to Robbins Road in a northerly
direction a distance of approximately 450 feet)
Owner as of January 1. 1941
R. Lockwood Tower, et al
n a n n
n n n n
Lot No. Assessment
5 $81.00
8 81.00
7 90.00
William N. Robbins, Trustee 17 91.72
Commitment of water rates and a commitment of water
liens were signed.
It was decided to hold the next meeting on Monday,
May 12th on account of the Rotary Club Ladiest Night on
May 5th.
The meeting adjourned at 10:45 P. M.
A true record, Attest=
Clerk—�
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