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HomeMy WebLinkAbout1941-10-27_G"h SEIZCTMEN' S MEETING October 27, 1941 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, Lexington on Monday evening, October 27, 1941 at 7:30 P.M. Chairman Giroux, Messrs. Sarano and Locke were present. The Clerk was also present. At 7:30 P.M. Mr. Carroll appeared before the Board for the drawing of five jurors. The following jurors were drawn to serve on Criminal Business, First Session at Cam- bridge beginning Monday, November 24, 1941: Frederick R. Jurors Stevens, chemist, 52 Gleason Road; Arthur Lieby, Supt., 1265 Massachusetts Avenue. The following juror was drawn: to serve on Criminal.Business, Second Session at Cambridge beginning December 1, 1941; Dominic F. Ross, merchant, 86 Robbins Road; Harry Scheublin, salesman, 11 Crescent Hill Avenue. Mr. Gerald C. Turner, salesman, 9 Hillside Terrace was drawn to serve on Civil Business, Second Session at Cambridge beginning December 1, 1941. Mr. Carroll retired. Mr. Morse appeared before the Board at 7:45 P.M. and retired at 7:57 P.M. Mr. Paxton appeared before the Board. He said that the American Legion had requested the use of Cary Hall, November 11, 1941 for a banquet# from 6:30 P.M. to 12:00 P.M. Use of Mr. Locke moved that the use of the hall be granted halls free of charge. 11r. Sarano seconded,the motion, and it was so voted. Mr. Paxton said that the Lexington High School Athle- tic Association had requested the use of Cary Hall on November 21, 1941 from 8:00 P.M. to 1:00 A. M. for a dance. Mr. Locke moved that the use of the hall be granted, free of charge. Mr. Sarano seconded the motion, and it was so voted. Mr. Paxton said that the Lexington Firemen's Relief Association had requested the use of Cary Hall on December 12, 1941 from 8:00 P.M. to 1:00 B.M. for a dance. Mr. Locke moved that the use of the hall be granted, free of charge. Mr. Sarano seconded the motion, and it was so voted. • 0 • 0 Mr. Paxton read a letter from Mr. Hill stating that a reduction had been secured In the sprinkler leakage rates on the high school building and contents. On the building, a policy to 15% of the value would cost $78.56 per year and $314.24 for four years. A poli c to 10% of the value would cost $72.07 for one year and .1288.28 for four years. On the contents, a policy to 15% of the value would cost $28.14 per year and $112.56 for four years. Mr. Paxton recommended that policies to 15% of the value be placed. Mr. Sarano moved that the recommendation be approved. Mr. Locke seconded the motion, and it was so voted. Mr. Paxton said that our insurance rate would drop from 28� to 16� per $100.00 which will make a net reduc- tion of $3200.00 for this year. Mr. Paxton read a letter from Robert Whitney relative to increasing fire insurance carried on Town Buildings be- cause of increased building costs. Mr. Paxton talked with Mr. Hill on this subject and he said that this had been. done to some extent. Mr. Hill said that he would come out some time in the near future and go over the problem with Mr. Paxton. Mr. Paxton said that Mr. Whitney was one of the few agents who bothered himself with questions on our insur- ance and he wondered if it might not be well for Mr. Whitney and Mr. Hill to talk the matter over. He thought that something of worthwhile benefit might result. The Board thought this was a good idea and told Mr. Paxton to suggest it to Mr. Whitney. Insurance Mr. Paxton said that the Arlington Gas Company had re- quested authority to install a gas main in Washington Street Gas for a distance of approximately 162 feet. Main Mr. Sarano moved that the permit be granted. Mr. Locke seconded the motion, and it was so voted. Mr. Paxton said that in his letter requesting bids on tire chains, he said that bids would be received until 2:00 P.M. on October 14, 1941. Since then he has received some more bids. Thibeault of Arlington bid $207.23 for St. Pierre chains. F. K. Johnson, Inc. bid $262.00 for deed chains. Mr. Paxton said he talked with Malcolm H. Clifford, who is a noninterested party, and he said that there were five major chain manufacturers and they all make chains of various qualities. Although Thibeault's bid is low, the bid came in late. Colonial Garage, Inc. was the only con- cern that got its bid in on time. Mr. Sarano moved that the bid of the Colonial Garage, Inc. be accepted. Mr. Locke seconded the motion, and it was so voted. Chain bids A letter was received from William D. Hagerty of 6 Lincoln Street.saying that in the past, the public always Hagerty used his driveway to get down to the small pond which the complaint Town floods for the small childred to skate on. He said that this would have to stip this year. The Chairman re- quested Mr. Paxton to talk with Mr. Garrity on the matter and to bring it up again next week. A letter was received from Mr. Wrightington relative to the parcel on Woburn Street, acquired by the Town by tax title foreclosure, from Charles W. Rydelr. Mr. Paxton said that they were getting to the point where Spring Street would be started soon. There are Spring three abutters that it will more seriously affect than Street others; Swenson Brothers, Dr. T. K. Richards and Lily C. Johanson. He believed that a satisfactory arrangement could be worked out with Swenson Brothers and Dr. Richards. However, Miss Hohanson, of the Cutler Farm, Brants a stock fence erected along her land for a distance of about 1500 feet and the cost would be $500.00. There is some question as to whether or not any harm will be done to the remains of an old stone wall on her property. Mr. Paxton said that if the Board decided to put in the stock fence, then the street should be excavated back to the property line and sloped from there so that there will not be ahy difficulty later on if a sidewalk is put in. The Chairman asked if Mr. Paxton allowed.f or takings In his estimate and he said that he did not. They never figure on takings on Chapter 90 work, but he said he really should have allowed for it in some other appropriation. It was decided to take no action on the stock fence at the pre- sent time. A letter was received from Vinnifred Sharkey of 68 Winter Street saying that her well had gone dry and that Sharkey there was a bad health condition due to the lack of water. request Mr. Paxton read an extract from the Selectmen's records of for water December 2, 1940 and another from the records of December 16, 1940 on this situation. At that time, the abutters were not willing to agree to pay the betterment assessments. Mr. Paxton said that in 1934 the Selectmen voted that 75% of the abutters should agree to pay for betterments before a water main could be extended. He said that if the Board decided to install the main, it would be three or four months before the work would be done because of the diffi- culty in getting water pipe. He said the only thing he could suggest was to open the hydrant and let the Sharkeys go after the water, but as he understood it there are only two women in the house 8b -that the water could not be trans- ported. The Chairman asked Mr. Paxton to review the situa- tion and do whatever he could to relieve the situation. A letter was received from William D. Hagerty of 6 Lincoln Street.saying that in the past, the public always Hagerty used his driveway to get down to the small pond which the complaint Town floods for the small childred to skate on. He said that this would have to stip this year. The Chairman re- quested Mr. Paxton to talk with Mr. Garrity on the matter and to bring it up again next week. A letter was received from Mr. Wrightington relative to the parcel on Woburn Street, acquired by the Town by tax title foreclosure, from Charles W. Rydelr. • He said that Mrs. Ryder holds title to adjoining land in the rear of this area and claims a right of way across it. Undoubtedly, at some time, there should be access from Woburn Street to this land. Mr. Wrightington thought it would be wise to negotiate with the Ryders to locate a right of way for them across this land in the area in which, ultimately, a street will probably be laid out. He'suggested that he negotiate with Mrs. Ryderts attorney to define the lines on the registered plan within which a way later might be laid out and recite in the decree that the right of way of the Ryders was confined within those boundaries. Mr. Sarano moved that Mr. Wrightington be given author- ity to proceed as suggested by him. Mr. Locke seconded the motion, and it was so voted. A letter was received from Timothy J. Quinlan of 63 Woburn Street congratulating the Board on the curbing job recently completed on Woburn Street. Mr. Quinlan sugges- ted that the project be continued on the southerly side of the street. Mr. Paxton said that the original plan was to get one side done to Utica Street, but he thought there was a great deal of merit in what Mr. Quinlan said. He thought that it was important to lay the curbing from Cottage Street to Mass. Avenue. The Chairman asked if the Board would agree, if conditions were right, that it was desirable to install the curbing on the southerly side of the street, and the Board agreed. The Clerk was instructed to tell Mr. Quinlan that the Board appreciated his letter and that it was the intention to recommend the continuation of the job next year in ac- cordance with his suggestions. A letter was received from Robert J. Kelley of 109 Follen Road requesting that Miss Jeanne E. LeMay of 99 Follen Road be requested to remove the wife fence which she erected from the edge of the travelled way to her boundary line. Mr. Kelley said the fence was unsightly, dangerous, unnecessary and illegal. Mr. Paxton said that last week Miss LeMsy asked him if she could put up this fence. It crosses Town property and Mr. Paxton told her that the Town would not have any objection but that if her abutter objected, she would have to take it down. She said she wanted the fence in order to protect her rose bushes which, incidently, are on Town land. Mr. Locke moved that the Fence Viewers be instructed to order Miss LeMay to remove that part of the fence which crosses Town land. Mr. Sarano seconded the motion, and it was so voted. The Chairman said that Louis E. Noonan of 2 Vine Street, an: employee of the Highway Department, had owed a bill of $58.00 to the Board of Health since 1938. 26; Ryder land Woburn St. Curbing on Woburn St. Kelley complaint Noonan Board of Health bill The man talked with the Clerk and said that he had not been working steadily and was unable to pay the bill. Mr. Paxton said that Noonan had been working since the first part of August and was earning $24.00 per week. Prior to coming to work for the Town, he worked steadily with R. H. Stevens and Gordon Richards. There are some. older chil- dren working and bringing income into the home. Mr. Locke moved that Mr. Noonan" -be, -ordered to pay $2.00 per week on the bill. Mr. Sarano seconded the motion, and It was so voted. Mr. Paxton retired at 9:10 P.M. Mr. Russell appeared before the Board at 9112 P.M. He informed the Board that he had been called for ac - Town Acct. tive duty with the army as of November 10, 1941. He said called to he had inserted a blind advertisement in the paper for a Army part-time bookkeeper and had received four replies, three of which were from women who had not had sufficient ex- perience. A Mr. George W%._Bond of 1437 Mass. Avenue also applied. This man is an accountant who was retired last year because he had reached age 70. He thought that Mr. Bond might work out satisfactorily. He talked with Mr. Wrightington to see if there was any question about hiring a man over age 70 and he said the only question might be from the view of the Retirement System. Mr. Russell failed to agree with Mr. Wrightington on this question as the pro- visions of the Retirement System apply only to regular em- ployees and Mr. Bond would be a temporary employee. Mr. Russell said he understood that the County frequently hired retired State employees for temporary work. Mr. Russell said his idea was to have Mr. Bond come in five days a week and supervise things in the office and then engage an auditor to come in nights, Saturday afternoons and Sundays to check on the work done during the week. Mr. Russell would also devote such time as he could to the work. He said he would continue to serve as secretary to the Appro- priation Committee and as a member of the Retirement Board. He applied to Mr. Waddell to see if a State auditor could be assigned here but found that this could not be done as the State is running about fifteen auditors short. Mr. Russell said however, that he felt he could make a personal arrangement with an auditor who had a very fine reputation to work after his own regular working hours. The Chairman said he would like to call the Boards at- tention to the vote passed under Article 45 at the adjourned Town Meeting held on April 7, 1941 which reads as follows: "VOTED: That it is the sense of the meeting that the Select- men should, so far as they legally can, protect the position of any persons employed by the Town mho may be called for service with the armed forces of the United States or any • • • subdivision thereof during the present emergency, so that they may be restored to their position and rating upon their return from service, if they so desire." The Chairman said that he wanted to emphasize that in trying to work this out the Board had two problems. One, to keep the present auditing systan--and in trying to accomplish this, the Town has instructed the Board to protect Mr. Russell's position. The Chairman said that the wording of the Article meant that if Mr. Bond was employed, with the idea that Mr. Russell would be restored to his position when he came back, that Mr. Bond's employ» ment would be purely temporary. He said that as one of the County Commissioners he was continually signing payrolls for temporary employees and the question of their being members of the Retirement System never entered into it. The Chairman said he had several conferences with Mr. Russell on this matter and Mr. Russell felt that he could still keep track of the work. The Chairman said he --.thought the Board would have difficulty in getting a competent auditor who resides in Lexington and if a person from out .of Town was employed, there probably would be dissension. He said that if the Board agreed that the employment of an accountant for evening work and Mr. Bond for part-time work was the beat solution, then the question of compensa- tion should be discussed. Mr. Russell said that his term as Town Accountant ex- pires January 1, 1942. The Chairman said that the total amount paid out would not exceed the amount of Mr. Russell's salary. Mr. Locke asked Mr. Russell if he thought that what he had suggested was going to work out and Mr. Russell replied in the affirma- tive. The Chairman suggested that any arrangement might be on a trial basis until January 1, 1942 and Mr. Russell said that that would be all right. Mr. Russell said he thought that the accountant would put in about ten hours a week and should be paid $1.50 per hour; that Mr. Bond would spend about four hours a day and should receive 75y per hour. Upon motion of Mr. Sarano, seconded by Mr. Locke, it was unanimously voted: Mr. James H. Russell, Town Accountaat, having notified the Board of Selectmen that he will be called for active duty with the armed forces of the United States on November 10, 1941, the Board hereby authorises and instructs Mr. Russell to maintain general supervision of the Town's ac- counting work, for which he shall be repponsible, devoting such time to it as he is able; further, that Mr. George W. Bond of 1437 Mass. Ave., Lexington, shall be employed as a bookkeeper in the Accounting Department on the basis of a five day week, averaging ap-)roximately four hours a day, at $.75 per hour; and further, that Mr. James H. Rusab11 is 271 Moreland Ave. Sec. authorized and instructed to engage the services of a compe- tent auditor who shall prepare the accounts for Mr. Russell's examination. Mr. Russell shall be entitled to fifteen days military leave, in accordance with Section 67, Chapter 205 of the Acts of 1935, amending Chapter 33 of the General Laws, which was accepted by the Town on July 22, 1935. These temporary, emergency appointments shall take effect on November 100 1941, and shall continue for a trial period ending December 31, 1941s, at which time the Board will con- sult with Mr. Russell, to determine if the arrangement is working satisfactorily. On the basis of the foregoing, the total expense of the Accounting Department will be kept with- in the appropriation made for the current year, and there will remain in the Accounting Department - Personal Services Account, after making payftnt to the bookkeeper, an amount which will equal approximately $30.00 per week, which Mr. Russell shall receive as compensation for his services from expiration of the period of his military leave to December 31, 1941, and from which he shall pay for the services rendered by the expert Auditor who will be paid on an hourly rate basis and who will be required to devote not less than an average of ten hours per week to the work. Mr. Russell retired at 9:55 P.M. The following members of the Planning Board appeared before the Board: Chairman Greeley, Messrs. Nickerson and E. B. Worthen, Jr. Mr. Greeley said that some members of the Planning Board had gone down to the Moreland Avenue section and they had a scheme to propose. They :could tell the abutters that although, under the law, the Town could not do work on a private street, it could rent them equipment and they could buy gravel and cinders and with help, fix up the street themselves. He said that undoubtedly the Civilian Defense Committee was anxious to have an opportunity to have projects in which the citizens could work together and they probably could organize and get volunteers to fix up the roads Mr. Greeley said that he believed this scheme probably could be worked out in other parts of the Town such as Outlook Drive, Glen Road and Winter Street. He said that it was ex- actly the same kind of project the Civilian Defense Committee would have to engage in after bombing. If the plan could be worked out, the results would be very good all around. He talked with Mr. Wrightington about it and he thought it would be perfectly legal and he encouraged the Planning Board to place it before the Selectmen. The Chairman suggested that a member of the Planning Board meet with the Civilian Defense Committee tomorrow night and outline the plan to them and get their approval. None of the members present were able to attend so Mr. Greeley left the meeting and telephoned Mr. Luther R. Putney, chairman of the Civilian Defense Committee. He returned and said that Mr. Putney thought it was exactly • the kind of a project the Committee was looking for and he would take it up tomorrow evening. He said he would let the Clerk know Wednesday morning how the Committee felt about it. The Planning Board retired at 10:20 P.M. A letter was received from Robert W. Cobham of Cam- bridge offering to pay $500.00 for lots 27, 28, 29 and 30 Block 6 Gleason Road. Mr. Cobham said he would use the entire area for not more than one residence. If the Board did not wish to sell these lots, then he would pay $500.00 for Lot 35, Block 1, Lexington Manor. The Chairman said that the Committee on the sale of lots acquired by fore- closure of tax titles approved this sale. Mr. Locke moved that the lots be sold for the sum of 1500.00. Mr. Sarano seconded the motion, and it was so voted. The Chairman said that he had written the Building and Plumbing -By-law Committees relative to including in the new By-laws a provision allowing for the substitution of materials which cannot be secured during the national emergency. The Building By-law Committee said it had included a section to cover this, but the Plumbing By-law Committee felt, it best not to make any changes which might be dis. approved by the Attorney General. A letter was received from Mr. Wrightington relative to Lots 36 and 37 on Dexter Road which the Town sold to Louis W. Sloenmb this year. The Town sold only that portion of the lots which was registered land and the remaining portion was not deeded. The reason for this was that there was a defect in the .title and the property had to be reassessed to the original owners. A repreaentstive of the owners paid the tax this year. Mr. Slocamb,says that it was a term of his agreement to purchase the lot, that the unregistered por- tion was to be sold to him when the Town was in a position to sell it. He now intends to make the Town take back the parcel he bought because he cannot have the balance. It was decided to have.Mr. Slocomb before the Board to dis- cuss the matter. A letter'was received from the Board of Retirement•ad- vising that it would be necessary to hold another election because of the termination of Joseph A. Ross' services. It was decided to call a meeting of the members of the retire- ment system at 5:00 P.M. on Monday, November 3, 1941 in Estabrook Hall to hold an election to choose a member of the system to take Mr. Ross' place. A letter was received from the Town Counsel to which was attached a bill in the amount of $40.00 for his 'x'7:3 W. Offer to purchase lots Bldg. & Plmbg. By- laws Slocamb lot on Dexter Rd. Retirement Board Election A true record, Attest: Clerk • services in examining the title to the land at Waltham Street and Park Drive, recently purchased from the Lex- ington Trust Company. Mr. Sarano moved that the bill be approved. Mr. Locke seconded.the motion, and it was so voted. A letter was received from the Massachusetts'Depart- ment of Public Health relative to the fly nuisance in the State re- vicinity of Bow Street. The report said that the nuisance port on was in the general vicinity of the Cataldo farm and that fly when hen manure had been used for growing celery. Also nuisance refuse, including garbage, had been deposited in the rear of the store at the corner of Bow Street and Mass. Avenue and in the rear of .the parking lot near the railroad tracks. The letter said that the dumping of such material should be carefully controlled by the Board and prevented so far -as possible. The Department recommended that before the onset of the next fly breeding season and not later than May 1, 1942, Uny exposed manure piles be kept as compact as possible and that they be sprinkled with powdered borax. The letter said that if the advice already given and the methods of treatment outlined were followed strictly, the nuisance due to fly breeding should be adequately controlled. . The Clerk said that Mr. John A. Wiggins of 1457 Mass. Avenue telephoned this evening on this subject. Mr. Wiggins owns two houses on Bow Street and he said that the flies were so numerous that they were a distinct health menace . and nuisance. He said that it was very important that some - ''Amendment thing be done to remedy the conditions. to Health The Clerk was Instructed to confer with. Mr. Lamont and By-laws Mr. Wrightington and draw up an amendment to the By-laws to control the receiving and handling of manure.. The records of the selectmen's Meeting held on October 20, 1941 were declared approved. Commitment of water miscellaneous charges, water rate abatements and water liens were signed. The meeting adjourned at 10:50 P.M. A true record, Attest: Clerk •