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HomeMy WebLinkAbout1950-09-25-min 218 wo SELECTMEN'S MEETING September 25, 1950 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday, September 25, 1950, at 7 :00 P. M. Chairman Emery, Messrs . Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of four jurors for a Jury Pool. Those drawn were: Jurors Henry C. Jackson, florist, 40 Clarke Street. Arthur J. Brock, Asst. Engineer, 4 Watertown St. Donald E. Bryant, truck equipment, 8 Hudson Road Edward Ingraham, draftsman, 62 Fern Street. Mr. Carroll retired at 7 :05 P. M. The Chairman stated the Selectmen's records of Mr. DeFoe the meeting this evening should include the action of the Board some two weeks ago, accepting the resignation resigns of Superintendent of Public Works Joseph H. DeFoe (Mr. DeFoe left September 20th.) The Board also agreed to pay Mr. DeFoe two weeks Vacation salary after his actual departure from Lexington in Pay view of the fact that he had given up his annual vacation during the first years of his employment with the Town. Appointment At the Selectmen's Meeting on September 18th some of Mr. time after 9:20 P. M. , the Clerk having been requested to leave the meeting, Mr . William M. Burns was appointed Burns . to the position of Superintendent of Public Works for the unexpired term ending March 31, 1951, at the same rate of pay received by Mr. DeFoe. The Chairman stated that the r ecords of this meet- App►t. ing should also include the fact that by a telephone poll, Civil Mr. H. Webster Thomas was appointed (and accepted ) as Def ense Dir( ctor of Civil Defense. The State Director of Civil Defense was notified by letter delivered by the Chairman on September 22nd and receipt of said letter acknowledged. Mr . Burns, Superintendent of Public Works, met with the Board. Mr. C. E. Taylor ' s letter with reference to a side- walk on North Hancock Street was held over from the last meeting. 219 i _ , . Burns explained that the complications were between Braemore Terrace and Hillside Avenue, and stated that all the trouble is over the trees. A year ago last fall Mr. Burns went up to North Hancock Street with Mr. Hunt. Mr. Sidewalk Hunt said, before they went ups that the people whose No. Han- property would be involved were willing to give the Town cock St. easemehts. However, a Mr. Foskett had been doing some work and the people are not so eager to sign easements. This summer Mr. Hunt telephoned Mr. DeFoe and they went over the entire subject again. Nothing further vas done until Mrs. Taylor called and Mr. Burns suggested that she write to the Board. The Chairman asked if there were any funds avail- able in the sidewalk appropriation to do the work. Mr. Burns replied that two years ago money was earmarked in the Highway Maintenance Budget but it was never used and the subject was never brought up again insofar as money was concerned. He said that there is no money available now. The situation has not changed and the same people have the same objections. The Chairman asked if ownership of one or two of the properties have changed and Mr. Burns replied that he knew of only one, but there may be others. He said II the difficulty is obtaining slope easements and the fact that some trees will be involved. The Chairman asked if the Board wanted to advise Mrs. Taylor that if and when slope easements are given in writing to the Town for the property between Braemore and Hillside, the Board will consider including an item in the annual budget. Mr. Nickerson said that his impression was that the north side was the best side for the sidewalk because there would be no trees involved. Mr. Burns stated that a Mr. Burgoyne is one of the owners tnd has recorded himself as very definitely opposed to the sidewalk on that side. He said that there would be some trees involved on this side also. Mr. Burns explained that the people are not request- ing the construction of sidewalks, but to have the street widened and a shoulder put in for a sidewalk area . They do not want anything that will cost them any more. The Chairman said that he did not realize this was to be a non-betterment sidewalk. The Chairman suggested, and the Board agreed, to ' advise Mrs. Taylor that if all the abutters involved would give whatever Town Counsel feels is the proper and neces- sary legal easement, the Selectmen will include this item in the 1951 budget. IIMr. Busa' s request to have the bridge over Vine Brook repaired was held over. 220 0 leV Mr. Burns reported that he had discussed this with Mr. Howard Custance and the cost, using rot-proof timbers will be 41,100. A reinforced concrete bridge will cost Vine Broak $1,245. He explained that the present wooden timbers Bridge have lasted only ten years . The Chairman asked Mr. Burns if he had any doubt as to whether or not the bridge should be re-built and he replied that he has no doubt in his mind that the bridge in its present condition is a hazard . Upon motion of Mr. Nickerson, seconded by Mr. Dris- coll, it was voted to authorize the Superintendent of Public Works to accept Custance Bros. bid of 4p1,245. Letter was received from Oscar W. Carlson, 25 Henry Street, Winchester, requesting water to service Lots 111- Water 113 Fair Oaks Drive. Request Mr. Burns reported that he suggested that Mr. Carlson submit his request in writing so that it would be on file, but he explained to him that absolutely no guarantee would be made as to when the work may be done. Letter was received from the State Department of Chapter 90 Public Works, together with contract in duplicate, to Coolidge e grade, surface with Class I bituminous concrete and Avenueotherwise improve about 1,000 feet of road in Lexington, being known as Coolidge Ivenue . The contract was signed by the Board and both copies mailed to the State to be signed by the Commissioners . Letter was received from Robert F. Aiken, President of the Woodhaven Association, together with petitions Woodhaven signed by 77 .5% of the abutter involved for the accept- Street ranee of streets in this area. Acceptance The Chairman asked Mr. Burns if he had any comments and lir. Burns said that first, he thought this should be a 1951 item and second, that insofar as the sidewalks are concerned, all future estimates and any future contracts to be let should include an item for loaming, seeding and shoulders to be done if the money is available. Mr. Nickerson said that generally cost is very im- portant to the abutter and if the estimates are to be in- creased for sidewalks, they should be definitely informed. The Chairman said that Mr. Burns was not referring to • constructed sidewalks but to the matter of loaming and seeding the shoulder in the sidwalk area. Mr. Nickerson said that even so he still felt that the people should be told that loaming and seeding would increase the cost. Mr. Burns explained that the figure sent out is max- imum and not final. He stated that by the time the street is constructed and the bills sent out, some of the property may change ownership. 221 II In that event the Board may find that some of the people want sidwalks and some don' t. He said that they could all be told at the hearing how much is included for loaning and seeding. If the majority of those attending the hearing express a desire for sidewalks, the item then can be included when the contract is let. Mr. Gay said that he thought the Board should compel the abutters to accept the extra cost because it seemed too bad to leave streets in such condition as Watson Road was left. Mr. Burns explained that Watson Road was constructed exactly as requested and the same as all streets have been done since 1947. Mr. Gay said that he did not think the Board should give the abutters an opportunity to say whether they want it or not. The Chairman said that he was willing to vote for a change in policy but the Board should keep in mind that there will be objections. Mr. Hoyt said that he felt the Town should put in sidewalks when the streets are constructed. Mr. Driscoll said that he was willing to do along with the other members of the Board if a change in policy is to be made, but that the members will have to support 111 the Chairman at the hearings. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was unanimously voted that, in the future, the cost of all streets constructed for acceptance is to include the cost of loaning and seeding the sidewalk area. The Chairman read a letter from the School Committee with reference to the Fiske School drive/ay and the unused land fronting on Adams Street. The Chairman requested Mr. Burns to review this and report next week. The Chairman read a letter from the Selectmen of Winchester with reference to Johnson Road . The communication stated that the Winchester Board would like to have Lexington's reaction some time prior to the meeting at the County Commissioners ' Office on Johnson October 5th. The Winchester Town Engineer has been Road authorized to request an appropriation from the bounty for the completion of this proposed road. The subject of Chapter 90 work in Lexington was discussed at some length and the Chairman was authorized to advise the Town of Winchester that Lexington is willing to petition for a layout-, but cannot agree to press for its construction either in 1951 or 1952 because of pre- vious commitments and recommendations already made with the County Commissioners for these years with respect to construction in Lexington with Chapter 90 funds. 222 an Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, Pole it was voted to approve petition submitted by the Boston Location Edison and the New England Telephone and Telegraph Com- pany with ref ercnce to the following pole location: Robinson Road (new) easterly from Grove Street- nine poles. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it Pole was voted to approve petition submitted by the Boston Location Edison Company and the New England Telephone and Tele- graph Company with reference to the following pole loca- tion: Washington Street, northerly side, approximately 230 feet northeast of Highland Avenue - one pole. Letter was received from Town Counsel giving his opinion relative to Public Shade Trees. In view of the Shade information submitted by Mr. Stevens, it was agreed that Trees the Chairman should write Doctor Colozzi and advise him that inasmuch as the tree, about which he wrote, is located on an unaccepted street and is not a matter over which the Town has any jurisdiction. Mr. Burns retired at 8:25 P. M. Miss Helen C. Bertini and Mr. Daniel aarman met with the Board relative to Miss Bertini 's request to have an elm tree at 1341 Massachusetts Avenue removed. Miss Bertini asked if the members of the Board had seen the tree which she wants removed and the Chairman replied that they have all been by them and that he, personally, has viewed both sides of the street. He stated that the Board received a report that the trees, in the opinion of an expert, were worth saving. Miss Bertini said that two tree experts have told her the tree cannot be saved. She also said that the Historical Society would go on record as being in favor of having the tree removed. The Chairman explained the report received from the Bartlett Tree Expert Company . Miss Bertini said that she has had tree surgeons in- spect the trees and now she thought she would have to refer the matter to the Safety Inspectors. Mn. Gay asked if she had any objections to telling the Board the name of the tree surgeons and she said that they were personal friends and do not wish to be quoted. Mr. Hoyt said that if she could furnish the Board with information that would counteract the Board 's in- formation, consideration would be given to it. The Chairman said that if she would bring in opinions of recognized tree experts and they vary with the opinion submitted by Bartlett, the Board would certainly review the matter. He said that the Selectmen are not anxious to keep trees standing if they are not safe. 223 I. Miss Bertini said that if the Board wants a report from her tree experts she could probably get it, but she did not want the Town to start repairing the trees and then have to take them down. Miss Bertini and Mr. Gorman left the meeting. The Board agreed to authorize the Chairman to advise her that no contract for repairs would be signed without first giving her an opportunity to consult the Safety Inspector from the State if she wants to. At 9:15 P. M. Mrs . Ethel Rich with the Board. The Chairman explained that Mrs. Rich wrote to him and also called him on the telephone after the Board voted last week to appoint her as Temporary Town Account- ant. She did not want to be sworn as Temporary Town Ac- countant without discussing the matter with the Board. He said that he explained to Mrs . Rich that the Board had only acted last week so that there would be someone to sign the warrants. Mrs . Rich said that the title Temporary Town Ac- countant covers a lot of territory. She said that under this title she could take over the Accountant' s Temporary position and she does not want to do that. She Town said that signing the payrolls and warrants was one Accountant thing, but doing all the accountant 's work was some- thing else. The Chairman said that he had told Mrs. Rich that the Board had in mind the fact that Mr. Walker had said it might well be that during the busy season there may have to be another girl in the office. Mrs . Rich said that she expected Mr. Walker was going to be able to spend more time in the office but that she has seen him only three times in eight weeks. She said that she is a Clerk and not an accountant. She explained that there is only three months before the first of the year and there would be meetings of the Appropriation Committee as well as the Board of Retirement and this all means additional work. She said that the Board of Retirement would be meeting this week and there is no secretary. She felt that she could take care of the Retirement meeting. Mrs. Rich said that she hoped there would be a part- time accountant to whom she could turn for help because she has never taken care of the controlling ledger or the commitments. Mr. Hoyt suggestedcontacting Mr. Searle of the Division of Accounts, and thought that he might have someone who could come in two afternoons each week. Mrs. Rich said that she thought the Board would be better satistlied with some such arrangement and she knew that she would be. 224 cc icZ Mr. Nickerson said that he thought Mr. Walker would straighten the situation out and be able to do what he told the Board he would do. He said that the Board should contact Mr. Walker befora going to the State and find out whether or not he is going to be able to handle the situation. The Chairman said that he would like to contact Mr. Patterson and he thought that he would want Mr. Walker to continue as Secretary to the Appropriation Committee. Mr. Chairman asked if Mrs . Rich would agree to let tie matter go for this week and she replied in the af- firmative. She did say, however, that she would not like it to go any longer without something being done. Mrs . Rich retired at 9:25 P. M. The following members of the Board of Fire Engineers met with the Board. Messrs. Roeder, Adams, Hynes, Fitz gerald and Cook. The Chairman read a letter from the Engineers recom- mending an appropriation of 414,000, at the Special Fall Town Meeting, for the replacement of Engine #2. The Cap- ital Expenditure Committee recommended the replacement of this unit in 1951 and the engineers strongly urge that the funds be made available this fall because of the present Article - war situation. Fire Deptt. Mr. Roeder explained that the price, received from three companies, will hold until October 1st only. To enable a Town to protect itself, they recommend that a letter of intent be written subject to the approval of a Town Meeting. If the Town does not vote the funds the letter will be discarded. If the Town does vote the funds the letter would preserve the price that has been quoted. The subject was discussed at length and it was the unanimous opinion of the Board of Seldctmen that an article should be inserted in the warrant for the Special Town Meeting this fall. The Fire Engineers agreed to contact the Appropriation Committee and retired at 10:05 P. M. Letter was received from Mr. Lindstrom, Building In- Building spector, with reference to the wooden frame structure at- Law tached to the Bradford Motor Building at 34 Bedford Street. Violation Upon motion of Mr. Gay, seconded by kr. Hoyt, it was voted to advise Mr. Lindstrom to have the structure re- moved or otherwise comply with the Building By-law. Letter was received from Dominic Varello, 440 Mass- Ave. offering 1200 for Lots 50-53 on Hillside Avenue. Tax Title The Planning Board and the unofficial committee on Committee Tax Title property recommend that the Town retain the land in this area until such time as something definite has been done about the proposed road to be constructed by Mr. Larsen. 225 Mr. Gay moved that the offer be rejected. Mr. Hoyt seconded the motion and it was so voted. Letter was received from the Franklin School PTA requesting permission to conduct a Rummage Sale Rummage at the Barnes property on Saturday, October 7th. Sale Mr. Driscoll moved that the request be granted. Permit Mr. Gay seconded the motion and it was so voted. The Chairman read a letter from the Board of Health requesting a transfer from the Reserve Fund in the amount of y 1,145 instead of 42,800 as originally Transfer requested. The figure was revised inasmuch as the Board of Board of Selectmen expect to have a Special Town Meet- Health ing this fall at which time money for the balance of the year may be appropriated . Mr. Nickerson moved that the Appropriation Committee be requested to transfer the sum of 41,415 from the Reserve Fund to the Board of Health Expenses Account. Mr. Hoyt seconded the motion, and it was so voted . Letter was received from the Board of Public Transfer Welfare advising the Selectmen that, in view of the fact that a Special Town Meeting is to be held in October, it will not be necessary to have funds transferred as requested in the letter of September 15th. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant the following licenses : Licenses Lexington Theatre, Inc. Sunday Movies Countryside Associates, Inc. " Golf Jesse Meadows Junk Collector The Clerk informed the Board that Mr. Meadows had requested approval of paying for his license by install- ment as he did last year. The Board had no objection. Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to giant the following uses of halls : Uses of Ladies Aux. , V. F. W. Conf . Room Sept. 27th Hall Richard F. Jackson " " " " Lex. Health Council If " Oct. 2 & 19 Lex. Field & Garden Club Est. Hall Oct. 9 Lex. Boys Club Cary Hall Upon motion of Mr. Gay, seconded by Mr. Nickerson, it was voted to sign deed, prepared by the Town Counsel, as follows : Lots 74 and 75 Tower Street to R. L. Mc Deeds Quillen; Lots 12 and 13, Park Street to Mr. W. Weisinger. 226 Mr. Gay said that he thought some definite action should be taken relative to the proposed bus route in Lexington Manor and if the Lovell Bus Company is not interested, then contact the Middlesex & Boston Street Railway. The Chairman said that unless the Board is pre- pared to issue a permit over the route suggested by the Lovell, or some alternative, the Board would be no better off with Middlesex & Boston. It was agreed to invite representatives of the Lovell Bus Lines, Inc . to meet with the Board and pre- sent a definite alternate turn-around . The meting adjourned at 10:30 P. M. A true record, Attest: --1e ec en. ir I