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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] I • • 0 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 • • • • 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.) • ,• • 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—� • is 0