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HomeMy WebLinkAbout1942-03-09 438 SELECTMEN'S MEETING 4111 March 9, 1942 A special meeting of the Board of Selectmen was held in the office of the Supt. of Public Works on Mon- day afternoon, March 9, 1942, at 4 :00 P.M. Chairman Giroux, Messrs . Locke and Sarano were present. The Clerk was also present. Mr. Arthur McMenimen, State Auditor, Mr. Ed*Ln L. Needham, Mr. William C. Paxton, and Mr. S. R. Wrightington were present. The members of the Board were notified of this meeting by the Clerk by telephone today, in accordance with instructions of the Chairman. The Chairman said that in talking with Mr. McMenimen the other day the latter raised the question of the Road legality of the Road Machinery Fund. Originally the Town Machinery voted to establish the Road Machinery Account and the Fund Road Machinery Fund, but in the last couple of years this practice has been dropped and the appropriation for the Road Machinery Account has been included in the general appropriation Article. Mr. McMenimen said that the original vote was set up by the State Department of Public Works to reimburse the4111 cities and towns for equipment rental on Chapter 90 jobs. There is nothing in the Statute covering it, but the Division of Accounts has allowed it to go along. The various departments charge a set price for rental of equipment and the money received goes back into the Road Machinery Fund, subject to appropriation. Mr. McMenimen said the appropriation for 1942 is all right -- $15,000. for the maintenance of equipment. After a lengthy dis- cussion it was decided to have Mr. McMenimen and Mr. Wrightington meet with Mr. Searle, of the Division of Accounts , to straighten out the matter. Mr. Needham and Mr. McMenimen retired. The Chairman said that Mr. Wrightington spoke• to No. Lex. him about the North Lexington sewer where it meets the sewer old trunk line sewer on the Leary farm. It was re- ported to Mr. Wrightington that the North Lexington sewer was some nine feet lower than the trunk line sewer and he wondered if this was known to the Select- men. The Chairman had no recollection of this fact, but he talked with the Town Engineer who said that it was correct, that the North Lexington sewer was nine feet lower. He said however, that there was sufficient pressure to carry all the material from the basin into the main trunk line although it may be necessary once in a number of years to clean out at the junctions. 439 Mr. Wrightington wondered if the Selectmen should get a letter from Metcalf and Eddy asking them about the matter to make sure that it is all tight. Mr. Paxton said that he would check it. The Chairman said that something had been brought to his attention by three citizens of the Town and he had to report it to the Board. On page 69 of the annual report of the Town of Bedford for the year ending Decem- ber 31, 1941, it shows a water extension on Pine Hill Item in for which $1738.20 was made available by appropriation Bedford and transfer. It also shows, under expenditures, pay- Report re : ment to Joseph A. Ross of $155.47. It is assumed that J.A. Ross this was compensation for supervision which was probably given on Town of Lexington time about which we can do nothing. There is an item of $997.28 for pipe and fittings and it is felt that the Board should check as to whether these materials were purchased by the Town of Bedford and from what source. The Board instructed Mr. Wright- ington to obtain this information from the Town of Bedford. J1r. Wrightington said that he had been working on the case of DeCristofaro Co. , Inc. v. Lexington. 4111 DeCri tofaro had the right to a jury trial and Judge DeCristafh^o P .nanaki called the lawyers for both sides into the v. Lex. lobby to talk it over. Finally he said the case was something that ought never to be given to a jury. DeCristofaro 's attorney finally said he would take $650.00 in settlement and Mr. Wrightington said that was too much. The judge told him he thought $500.00 was a fair figure and they agreed to settle for this amount . Mr. Wrightington requested authority from the Selectmen to make the settlement. Mr. Whitman, the P.W.A. engineer, wrote Washington for approval of the settlement and he received a wire this stage the P W.A. authorities could not bind themselves to include the settlement in the grant. They would have to see the final agreement and wait for the final audit. Mr. Wrightington recommended that the Board approve the settlement. Mr. Sarano moved that the settlement of $500.00 be approved. Mr. Locke seconded the motion, and it was so voted. Mr. Wrightington said that Mr. Frederick T. Alden had presented a bill of $40.00 for his services in connection with this case . He approved the bill. Mr. Sarano moved that the bill be paid. Mr. Locke seconded the motion, and it was so voted. Letter was received from Alfred P. Tropeano 1111 advising that he had been retained by J. L. Douglass,Inc. 440 in a claim resulting from excavating by the Town em. 411 ployees adjacent to the present site of the new Viano Douglass Block and that as a result of the excavation, the walls claim of the foundation then in the process of construction were caused to collapse. The corporation's claim is in the amount of $200.00. The Board requested Mr. Wrightington to acknowledge Mr. Tropeano's letter. Mr. Paxton told the Board that the Lexington Minute Uses of Men had requested the use of a conference room on halls March 18th for a meeting. Mr. Sarano moved that the use of the room be granted, free of charge. Mr. Locke seconded the motion, and it was so voted. Mr. Paxton informed the Board that the Town Meet- ing Members in Precinct Two had requested the use of Estabrook Hall on March 20th for a meeting. 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 one of the Highway Depart- ment employees wanted to know if he could get a leave Leave of of absence from the Town for a year in order that he absence might go into defense work. He has an offer to go to Iceland as a defense worker. Mr. Paxton thought that the Board should estab1111 - lish a policy on this question. The Board felt that it could not give the man a guarantee that he would be given his job upon his return but that he would be taken back if the Town had sufficient work and money to employ him. Mr. Paxton retired at 4 :55 P.M. Mr. Morse appeared before the Board to discuss wel- fare matters and retired at 5:25 P.M. Mr. Allen W. Rucker appeared before the Board. Mr. Rucker read section 6A of Chapter 13 of the Acts of 1942, Special Session, which has reference to Aux. the safety of the Commonwealth during this state of Police emergency. Mr. Rucker said that he thought the Select- men should confer on the Auxiliary Police the power of regular police officers during an emergency. Mr. Rucker said that there was a question as to whether the Auxiliary Police should be given authority during a blackout to go onto private property. The Chairman said he thought that Mr. Wrightington should give the whole question some thought and he agreed to do so. 441 4111 Mr. Rucker said that the State was going to stage a big celebration here on April 19th. They want to have the Women's Fire Fighting Corps put on a demon- stration at Parker Field. Mr. Rucker wrote Chief Taylor and asked for a permit to do this and the Chief replied Public saying that he could not give him a permit unless it Safety rained as permits for outdoor fires may not be issued April 19th during the months of April and May. Mr. Rucker wondered if there might be some way of obtaining the permit and Mr. Wrightington said that he would look into the matter. Mr. Rucker said that the Chief said he was actingunder Chapter 48 of the General Laws and Chapter 581, ec. 13 of the Acts of 1941. Mr. Rucker said that his Committee was opposed to painting the curbing white so that it could be seen Painting during a blackout. They felt that it was unnecessary as curbings people are supposed to be off the streets during a blackout and cars are not supposed to be driven. No action will be taken on the matter. Mr. Rucker retired at 5:45 P.M. Letter was received from an attorney representing one Jennie Healey of 900 Huntington Avenue, Boston who claimed to have suffered bodily injuries because of a Jennie defect in the sidewalk at 40 Bloomfield Street. It is Healey 1111 alleged that the accident occurred at 9:15 A.M. on claim Thursday, February 19, 1942. Mr. Wrightington said that he would file an answer to the claim and defend it if necessary. Application for the renewal of the Town's rigging registration was received. Mr. Sarano moved that the license be renewed and Rigging the fee of 61.00 be charged to the Unclassified Account. Reg. Mr. Locke seconded the motion, and it wasso voted. Letter was received from Vernon C. Page saying that the propose4„Plumbing, Building and Gay�ss1-ittinngg By-laws were an/ AY 4 Ye a llr gb �q 'Sted By-laws the Selectmen to recommend postponing the adoption of the new By-laws until after the war. The Clerk was instructed to inform Mr. Page that these Committees were appointed by the Town Meeting and had to report to the Town Meeting, and that the adoption of the proposed bylaws was entirely within the jurisdic- tion of the Town Meeting Members. Mr. Garrity moved that Mr. John J. Garrity be appointed Moth Superintendent for the year 1942. Mr. Locke seconded the motion, and it was so voted. 4111 . 442 The Clerk reported that the Health Inspector 4111 visited the premises at 19 Cedar Street at 4:45 P.M. today and found that nothing had been done to abate the nuisance caused by an overflowing cesspool. Upon motion of Mr. Locke, seconded by Mr. Sarano, Order to it was voted to remove the nuisance by odering the connect Sewer Department to connect the property with the sewer sewer in the street and that the expense be charged to the owner of the premises, Viola H. Jones. The records of the Selectmen's Meeting held on March 3, 1942 were declared approved. The meeting adjourned at 6:05 P.M. A true record, Attest: Clerk i III\