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HomeMy WebLinkAbout1937-11-0273 SELECTMEN'S MEETING ' NOVEMBER 2, 1937 A regular meeting of the Selectmen was held in the Selectmen.s Room, Town Office Building, at 7:30 P. M. Messrs. Potter, Giroux and Clark were present. The Clerk was also present. Mr. Clark moved that in the absence of Mr. Ferguson, Mr. Potter act as Chairman. Mr. Giroux seconded the motion and it was so voted. Letter was received from the New England Tel. & Tel. Co. relative to installing telephone wires underground in Mass. Avenue from Elm Avenue to a point just west of Underground Forest Street. The Telephone Company will be glad to co- wires. operate by removing its overhead plant and poles. The letter said that this was conditioned on the company's ability to secure permission from each of the property owners involved to lay their service underground. Letter was received from Mr. Stephen Hamblin stating that the school authorities had heard nothing relative to bicycle regulations. Mr. Hamblin said that although he had refrained from any publicity in the matter, definite action must be taken soon. He said that there were other ' ways of getting at it, but he would prefer to give the Selectmen a little more time. Bicycle Letter was received from Mr. Grindle in reply to regulations the Board's letter of October 20th stating that the School Department had ho definite rules to make relative to regulations for bicycle riding. Mr. Grindle said that it was the opinion of the -School Committee that if the present rules were enforced, the matter would be satis- factorily handled. He said that copies of the rules relating to bicycle riding had been sent to each school where they had been read to the pupils. Also a member of the Police Dept. was going to visit each school and read a pamphlet issued by the Mass. Dept. of Public Safety relative to the proper use of bicycles. Mr. Clark moved that a copy of Mr. Grindle's letter be sent to Mr. Hamblin. Mr. Giroux seconded the motion and it was so voted. At 8:00 P. M. hearing was declared open upon the application of Jennie A. Miller for permission to maintain a three car garage at 4 Reed Street. Mr. Wallace Miller Miller appeared and presented plan of the proposed garage. No garage persons appeared in opposition. Mr. Giroux moved that hearing. the permit be granted subject to the approval of the Building Inspector. Mr. Clark seconded the motion, and it was so voted. 74 At 8:05 P.M. a representative of the Home Finance Home Finance Co. appeared relative to the garage hearings scheduled ' Co. garage for October 19th at which time no representative of the hearings. company was present. The company desired permission to maintain a one car garage at 36 Liberty Avenue, a one car garage at 52 Liberty Avenue and a one car garage at 38 Liberty Avenue. Mr. Clark moved that the permits be granted subject to the approval of the Building Inspector. Mr. Giroux seconded the motion and it was so voted. At 8:10 P. M., Mr. William C. Paxton, Jr. appeared before the Board tc discuss his letter of October 25th asking the Board to accept his resignation as Supt, of the Highway Department effective November 13th, 1937. Paxton's Mr. Potter told Mr. Paxton that the Board was sorry that resignation. he was contemplating leaving and that it was trying to find some way in which he might be induced to stay. Mr. Paxton said that he enjoyed working for the Town but that he had an offer of a more lucrative position and thought it would be for his own best interests to accept it. The Board told him that it would confer with the Approp- riation Committee to see if some scheme could be worked out whereby an arrangement could be made which might induce him to stay. Mr. Potter asked if it would be all right with him if the Board deferred action on his resignation until November 9th and he replied that it ' would be. He retired. Mr. Potter informed the Board that the Police Dept. was coming in at 9:00 P.M. and requested Mr. Giroux to conduct the meeting during that appointment and Mr. Giroux agreed to do so. At 9:00 P.M. the Police Department appeared before the Board. Mr. Giroux asked the Chief if the entire force was present, and he replied in the affirmative. Mr. Giroux then read the following statement which he stated was the opinion of the entire Board present: TO THE MEMBERS''OF THE POLICE DEPARTMENT LEXINGTON, MASS. Police The Board of Selectmen has called the Police Depart - Department ment before it this evening because of a serious condition of affairs within the department. The Board recognizes that many of the officers have carried out their work conscientiously and to the best of their ability --but a department is usually judged by the misdeeds of some of its individuals when such misdeeds become of serious proportion. Public opinion in Lexington is and has been aroused over conditions within the Police Department. We call to your attention that we sit here not at individuals but as a Board representing all of the towns- people-- and it is our sworn duty to see that town departments function properly. We have called you together in order to give you fair warning that in the future we intend to take drastic action on any matter considered a serious breach of duty. We are aware that there have been cases of violations of regulations. We are aware and we are gravely concerned over internal dissentions within the department. We recognize only one obligation of a police officer, and that is the obligation to work for the best welfare of the town. This Board intends to co-operate with, and to give full support to Chief Sullivan as long as he is head of the department. This Board expects and demands that every police officer in the Town of Lexington will do his sworn duty by obeying the Rules and Regulations of the Police Depart- ment of the Town of Lexington. The foregoing statement subscribed by us this second day of November, 1937. William G. -Potter Majority cf Archibald R. Giroux Board of Philip M. Clark Selectmen. The Police Department retired. ' Letter was received from one Mary L. Hiran of Cambridge stating that while driving on Waltham Street on October 19th at about 6:40 P.M., the right front wheel of her car went into a ditch dug by the town workmen. She said that there were some lanterns placed along the road but none right at this spot. The woman said that the matter Was referred to the Police Dept. and some more lanterns were placed there. She said the accident occured in front of #439 Waltham Street. She felt that the Town should pay for the expense of having the car jacked and towed out of the ditch, which cost $5.00. Letter was received from the Supt. of Public Works advising that he talked with the Supt. of the Highway Division, following the date of the accident, and Paxton informed him.that he passed the location of the work on Waltham Street at about quarter of six on Oct. 19th and found that the work was properly lighted. Mr. Raymond said that in his opinion $5.00 was excessive for a charge for jacking the car up and towing it out of the ditch in the event that the liability for the claim was assumed by the Town. He said it was his understanding that the Town was not liable for damages resulting in such cases since the work was being done under the direction of the Board of Selectmen acting as Highway Commissioners. He suggested that the matter be referred to the Town Counsel. Letter was received from the Chief of Police stating that on October 19th the Police received a request for Hiran claim. 7s 76 more lanterns from a Mr. Roberts of Waltham Street. No report of the accident was made by the woman until Oct. 28th when Chief Bullivan called her on the telephone and ' asked her about the accident. Mr. Potter moved that the matter be referred to the Town Counsel. Mr. Clark seconded the mbtion and it was so voted. Mr. Raymond appeared before the Board. He said that he would like to buy about 1500 feet of snow fence Snow at 14¢ per foot. He received three bids, two at 15¢ Fence. and one at 14¢. The total bill will amount to about $210.00. Mr. Giroux moved that the snow fence be pur- chased and charged to the Snow Removal appropriation. Mr. Clark seconded the motion and it was so voted. Letter was received from residents in the vicinity of Taft Avenue requesting the Board to furnish them Taft Ave. with an estimate of the cost of constructing the street, including drainage, curbing, etc. Mr. Raymond said that this work involved quite a lot of Engineering and he asked if the Board wanted him to proceed to make up, the estimate. He thought it should be done. Mr. Clark moved that the estimate be prepared so that the matter could be presented at the March meeting. Mr: Giroux seconded the motion and it was so voted. Mr. Raymond said that he had been unable to get , Anderson Mrs. Anderson to sign the agreement with reference to agreement. the water service in Lee Avenue and he did not know that she would sign it. In the event that she did, he said he would like to have the order signed. Mr. Clark moved that the following order be passed subject to the town's securing a release of damages from the Andersonls. Mr. Giroux seconded the motion and it was so voted: ORDER OF TAKING By the Town of Lexington of Easement for the Construction of a Water Main. LEE AVENUE. Lee Avenue (From Oxford Street a distanceofapproximately Water Order. 165 feet westerly). WHFREAS, at a meeting duly called and held on March 15, 1937 and adjourned to March 22, 1987, 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 appropria- tion therefor: "Voted: That the Selectmen be authorized to install , water mains in such accepted or unaccepted streets, as 77 may be applied for during the year 1937 in accordance with authority con°rained in the By -Laws of the Town, ' subject to the assessment of betterments, and to take by eminent domain any necessary easements therefor, and for the purpose of said installation the sum of $2,000.00 be appropriated, this money to be provided by the transfer of $350:00 from the Water Department Available Surplus Account". AND WHEREAS, the right of way and easement hereinafter described and taken are necessary for the establishment and maintenance of the said 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 fore- going 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 Lee Avenue from Oxford Street a distance of. approximately 165 feet westerly as aforesaid, the following easement, namely: The right to enter upon the land shown as Lee Avenue on a plan entitled, "Plan of Proposed Water Main in Lee Avenue, Lexington, Mass., Scale 1 in. - 40 ft., Nov. 29 ' 1937, Joseph A. Ross, Supt., Water Dept.", and owned by August W. and Annie Koch, Herbert A. and Millie M. Martin, and William E. and Mary Anderson, and construct therein a line of water main with all necessary connections, shut- offs and appurtenances substantially as shown on a plan of Joseph A. Ross, Supt., Water Department, dated Nov. 2, 1937, 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 intially constructing and thereafter maintaining, operating, inspecting, repairing and replacing from time to time the said water main, (the 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 smooth 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. �n We estimate the betterments that would be assessed upon each such 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 Lexington, its successors and assigns, to its and their own use and behoof forever agreeably to the pro- visions of the said Chapter 79 of the General Laws and all pertinent acts in amendment 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 second day of November, 1937. Philip M. Clark Selectmen Archibald R. Giroux of William G. Potter Lexington COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. November 2, 1937 Then personally appeared the above named William G. Potter, Archibald R. Giroux and Philip M. Clark 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, James J. Carroll Notary Public. SCHEDULE OF E6TIMATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER. LEE AVENUE. (From Oxford Street a distance of approximately 165 feet westerly). Owner as of January lst, 1937. Assessment. August W. and Annie Koch $27.00 Herbert A. and Millie M. Martin 45.00 William E. and Mary Anderson 153.00 1 1 C Mr. Raymond reported that he had put Mr. Fred Townsend ' to work in the Engineering Department at a salary of $20. per week. There is a great deal of work to be done at the present time. Mr. Townsend was recommended by Mr. Ross and Mr. Raymond thought that he would work out satisfactor- ily. He asked the Board.ts approval of his action. Mr. Giroux moved that the Suptts. action be approved. Mr. Clark seconded the motion and it was so voted. Mr. Raymond reported that while grading the fill coming in from Waltham Street, he had the grader at work at the playground, and at the rate they have been charging the bill for the rental would amount to $111.88. In the ordinary course of events, this amount should be credited to the Road Machinery Fund but the Park Department has no funds to pay the bill. He wondered if the Board would be willing to charge it to the $5000. appropriation made under Article 52 at the Annual Town Meeting. Mr. Giroux moved that it be charged to that account. Mr. Clark seconded the motion and it was so voted. 79 Work in Engineerirl Department Charge for rental of grader. Mr. Raymond said that Custance Brothers' bill for Bill for grading, etc. on Follen Road amount to about $240.00. Follen Rd. He asked if the Board wanted the bill submitted now or grading. next year or if it made any difference as it would be an unpaid bill anyway. The Board thought it would be best to have the bill submitted now. Mr. Raymond said that he took bids from four com- panies for making borings in connection with Vine Brook engineering as follows: Edward F. Hughes - $1.47 per foot without casings and $1.84 per foot if casings have to be put in; Bids for B. F. Smith & Co.- $.74 per foot without casings and $1.11 borings per foot if casings have to be put in; Raymond Concrete Pile Co. - $.57 per foot without casings and $1.14 if casings have to be put in; Charles A. Leary Co. - $.52 per foot without casings and $.92 if casings have to be put in. Mr. Giroux moved that the bid of the Charles A. Leary Co. be accepted. Mr. Clark seconded the motion and it was so voted. Mr. Raymond submitted petitions to be signed re- questing the construction of Bedford and Woburn Streets Petitions which the Board signed. Mr. Raymond asked if the Board was going to discuss the purchase of a snow loader tonight. Mr. Giroux told Show him that the Board was going to arrange for a meeting loader. with the Appropriation Committee this week and would dis- cuss the matter with that body. so CM Mr. Raymond informed the Board that General Motors Use of Hall. Co. had applied for the use of Cary Memorial Hall on November 12th to present the feature "Previews of Progress". Mr. Clark moved that the use of the hall be granted sub- ject to a fee of $15.00. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond said that the company would also like a permit to hang a banner on Mass. Avenue in front of Cary Memorial Hall to advertise the feature. Mr. Giroux moved that the request be denied. Mr. Clark seconded the motion and it was so voted. Permit for Mr. Raymond said that the company would like per - sound car. mission to operate a sound car in Lexington to advertise the feature. Mr.'Giroux moved that the request be granted. Mr. Clark seconded the motion and it was so voted. Mr. Raymond said that he had received a complaint Complaint to the effect that Sargent Street had been left in a re ddplorable condition as a result of the sewer construction. Sargent St. He had Mr. Joseph Ross and Mr. .Michael Duffy inspect the street and it was their opinion that both this and Tekks- bury Street were in better condition than before the construction, so he therefor would recommend no action on the complaint. Mr. Clark moved that no fiction be taken. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond said that he had takenn bids on rough loam as follows: R. H. Stevens - 40¢ per cubic yard; Bids on Lexington Hand and Gravel Co. - 50¢ per cu. yard. Loam. (This loam to be delivered at the playground). Mr. Garrity has looked over Mr. Stevens' loam and he says it is just what he wants. Mr. Clark moved that the bid of R. H. Stevens be accepted. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond reported that the High School had re - Request for quested that it be allowed to have the Center Playground use of enclosed with snow fence for the game on next Saturday. snow fence. They did not pay.last year for havint this done and it costs $20. or $25. to put it out. Mr. Giroux moved that the matter be left with the Supt. of Public Works to handle in his own best judgment. Mr. Clark seconded the motion and it was so voted., Mr. Raymond said that the Cemetery Commissioners Cemetery would like to have a large tree at the East Lexington matters. Cemetery taken down as they say it is in danger of falling down on a house. Mr. Clark moved that no action I be taken on the request. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond said that there were a couple of Maples ' that needed to be trimmed at the Colonial Cemetery. Mr. Clark moved that no action be taken. Mr. Giroux seconded the motion and it was so voted. Mr. Raymond said that the Commissioners wanted some engineering services to lay out more lots at Westview Cemetery. Mr. Clark moved that this be approved. Mr. Giroux seconded the motion and it was so voted. 1 m Mr. Raymond read a letter which he had received from Louis W. Bills relative to the traffic signals. Mr. Bills said that the signals now in use were not reliable Traffic as an adjustment will not hold more than two weeks. He signals. thought it would cost more to try to adjust them in time than to install new ones. When the signals were installed, Parkway cable was laid on top of the crushed rock from Elm Avenue to Waltham Street. This cable connects the three lights and about three years ago, the town dug a trench near Martin's Drug Store and a heavy rain washed out a large rock which fell on the cable and broke it. Mr. Bills thought that this place was troubling now. He felt that the cable should have been laid in iron conduit pipe. Mr. Raymond said that he called Bills on the phone and asked if that cable would have to be replaced. Mr. Bills was not sure but did not think it would have to be replaced with the new equipment put in place. A letter was received from Mr. Leroy S. Brown asking when the street sign "Harrington Road" was to be erected. Mr. Raymond said that'tbe sign was ordered from the State Prison more than a month ago along with some others, but had not been received yet. The Clerk was instructed to advise Mr. Brown of this fact. Letter was received ffom Harry E. Johnson advising that he received a water bill for #1 Cary Street carrying an excess charge of $50.50. Johnson claims that there was a leak in the meter and that 'be notified the Water Department twice and received merely a sarcastic answer. He requested that the $50.50 be refunded to him. Copy of letter from the Water Department to Johnson was read. The letter stated that after receiving a call from his office, the Water Department called at the property and found that the tailpiece was dripping on the street side of the meter and that+the leakage would not register as the amount of water wasted was at the town's expense. The letter said that the water from this house was used by Johnson for construction purposes. Mr. Raymond said that of course the meter was reg- istering accurately when it was installed and he believed that the bill was a just one. Street Sign. Johnson request for refund. Mr. Clark moved that no action be taken on the matter. Mr. Giroux seconded the motion and it was so voted. 82 m %r. Clark moved that the Supt. of Public Works Taylor's approve the bill for payment of Chief Taylor's car insurance. insurance from the Insurance appropriation. Cdr. Giroux seconded the motion and it was so voted. Letter was received from the Town Accountant Law Dept. advising that there were insufficient funds in the Law account. Department Special Fees account to pay Mr. Wrightington's bill for $425.00 in the case of Meady vs. Lexington. He also stated that there were insufficient funds in the Law Department Expenses account to pay the expenses of Mr. Wrightington in the case of Beady vs. Lexington amounting to $22.50. Letter was received from one Thomas W. Crawford of Arlington stating that he was purchasing the Request re property at 26 Cary Avenue consisting of a house and raising garage and a large lot of land. lir. Crawford was minks. thinking of raising Rink on this property and he asked if there were any town restrictions that would interfere with the undertaking. The Board said that the raising of minks as outlined by Bir. Crawford would be a business and inasmuch as this was a residential zone, could not be carried on. Letter was received from R. L. Ryder with reference to the compromise agreement in connection with Vine ' Brook drainage and related matters which was signed last week. Br. Ryder stated that he wished to confirm in writing the reservations which he made at the meeting, namely: - 1. That the Town will assent to the allowance of any motion necessary to be filed in the Superior or Ryder Supreme Court for the purpose of correcting the records agreement due to an error in the finding of Judge Walsh, filed last Spring in the Drainage cases, ,so-called. 2. That the Westerly line of the lay -out of the Park Drive from Waltham Street to Lincoln Street in compliance with the terms of the Scott deed and shown on a plan referred to in the foregoing mentioned agree- ment, to be made to coincide with the Easterly boundary of the Aldrich property either by an exchange of property between the Town and the Lexington Estates Trust or other- wise. 3. That when the location of the easement to be taken along the South Branch of Vinebrook is.made from Vine Brook Road to Winthrop Road Extension the Board restrict the width to not over one hundred (100) feet instead of one hundred and fifty (150) feet as recommended by the Draihage Committee also that the taking of sixty (60) feet along the North Branch of Vine Brook to Waltham Street be made one-half on each side of the brook. , Letter was received from the Town Counsel stating that he did not approve of any attempt to modify a m ' completed written contract and did not understand that Ryder was making any formal reservation and qualification in the contract as written. Mr. Wrightington was not willing to recommend assent to "any T' motion mentioned in paragraph 1 as it will be necessary to see just what motion is made before approval can be given. He saw no objection to the suggestion regarding the Park Drive at Lincoln Street but thought that the Board should determine something definite with respect to it. With reference to paragraph three, he ,felt the Board should consider with the Vine Brook Drainage Committee just what the difference between the Committee and the Ryders was with respect to these widths and arrive at a decision. Mr. Wrightington noted that Ryder's letter was not received until after the sand Court had postponed action on tax titles on the strength of the signed agreement. Mr. Clark moved that the matter be handled in the manner suggested by the Town Counsel. Mr. Giroux seconded the motion and it was so voted. The following commitments were signed by the Board: Water rates - $6043.19 Water Betterment Assessments - 2043.02 Commitments Sewer Betterment Assessments - 2576.18 Water Liens - 395.80 Highway Betterment Assessments - 5757.17 The meeting adjourned at 10:10 P. M. A true record, Attest: Clerk,