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HomeMy WebLinkAbout1951-04-30-min 442 c, SELECTMEN' S MEETING April 30, 1951 1 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, Lexington on Monday evening, April 30, 1951 at 7 :00 P.M. Chairman Nickerson, Messrs . Emery, Gay, and -Ioyt were present. Mr. Burns, Supt. of Public 'corks, and the Clerk were also present. Mr. Driscoll arrived at 7 :30 P.M. Mr. Burns reported on the progress of the Kin- neen Pond project and informed the Board that he will need spproximately 300 or 400 more yards of loam to Kinneen complete the project, including banks and everything. Pond He explained that he will need about $150. Project The subject was discussed at length and Mr. hoyt suggested finishing the work with available funds and then requesting prices for the backstop. Mr. Stevens arrived at 7 :25 P.M. Mr. Gay suggested securing bids on the backstop without wings and roof. Upon motion of Mr. Gay, seconded by "`r. Hoyt, it was voted to authorize the Superintendent of Public Works to finish the grading, seeding and to obtain prices on different types of backstops. Mr. Burns reported that he had received prices, for clay sewer pipe, from Waldo Brothers and the Lexington Lumber Company. The discounts allowed are the same Clay sewer and there is a difference of .0074 in the bids. He pipe recommended purchasing 2 carloads of 8" and 1 carload of 6" from the Lexington Lumber Company and 1 carload of 8" from Waldo Brothers. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was voted to authorize the Superintendent of Public Works to purchase the pipe as recommended by him. Letter was received from the County Commissioners advising that a hearing relative to specific repairs Paul Revere of Paul Revere Road will be helot the Commissioners ' Rd. hearing Office on Friday, May 18th at 10:30 a.m. The Chairman read a letter from Mr. Potter, Chair- Nellie M. man of the Cemetery Commissioners, relative to a check Mason Legacy of $300 deposited with the Town Clerk. The money was received from the estate of $ellie M. Mason, to be used for special care of lot No. 49 and the monument in the Bacon Lot, part of Munroe Cemsmtery. Mr Potter explained in his letter, that, prior to her death'}, Miss Mason made arrangements to have work done on her lot and paid a portion of the cost . Apparently she made provisions in her will to pay the balance and he questioned whether or not it is necessary to have the money accepted by vote of the Town. -‘‘ 443 Mr. Stevens said that, according to the informa- 1 tion contained in Mr. Carrll's letter of April 20th, he does think this money has to be accepted by the Town, but should be credited to the Perpetual Care Fund. Mr. Stevens informed the Board that he had prepared Exercise of Option documents in connection with certain parcels of land to be purchased for Elementary elementary school sites . School Upon motion of Mr. Hoyt, seconded by Mr. Gay, Sites it was voted to exercise the options obtained from Options Robert L. Innis, dated January 31, 1951; J¢hn L. Kelly et al, Trustees of the Kelchester Realty Trust, dated on or about March 17, 1951 and Francis Thompson and Hugh Thompson, dated March 16, 1951. Mr. John J. Sullivan, salesman of the Meteor Sales of New England, and Mr. William Fitzgerald met with the Board relative to the new ambulance. The Chairman asked if the Board wished to pass a vote accepting the ambulance and upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to accept 1951 Meteor the 1951 Meteor Cadillac Ambulance (motor No . 5186- Cadillac 13639; Serial No. 51084) . Ambulance Mr. Sullivan explained that the transfer of registration will be taken care of in the morning and that the old ambulance remains town property until the transfer is completed at the Registry. He ex- plained that, as far as a receipt for the old ambulance is coneerned, it will be a matter of Mr. Sullivan signing a receipt, and that he would give it to Deputy Chief Cook in the morning. Mr. Sullivan informed the Board that unless the new ambulance is serviced by a Cadillac dealer the warranty will become void. Mr. Driscoll suggested that the Board of Fire Commissioners determine where the ambulance is to be serviced. Messrs. Sullivan and Fitzgerald retired at 8:20 P.M. Mr. Leonard Jellis met with the Board to discuss again the water betterment assessment levied against his property on Reed Street. He said that he was Jellis surprised that the Board turned him down and he does water not think he is being used equalto other citizens of betterment the Town. He stated that his land does not abut the assessment street where the pipe was put in and he can' t under- stand how the Town can bill him. The Chairman explained that the Board 's decision was not made hurriedly or inadvisedly. He stated that some cases can be decided on technical or legal merits and others come in quite different categories. 444 / cc i He said that Mr. Jellis knows the situation here is definitely a peculiar one, and that Mr. Jellis purchased the property and built his house aware of the situation. He said that the Board does not consider the cost excessive and that the request for water was taken care of with reasonable speed. Mr. Jellis said that if the Town records had been correct there would have been no need of placing the 6" main. He stated that it cost him $150 to take the pipe from Reed Street to his house and that he does not abut the section of Reed Street where the water main was placed so he questioned the assessment. Mr. Stevens explained that the theory is not that a piece of property abuts on the street, but it is that the property receives advantage other that the advantage accruing to the Town as a whole. Be said that this main was extended in order to give Mr. Jellis water and there seems to be no question but that his property was benefitted. Mr. Jellis asked if the piece of land between his property and the new location of Reed Street would be taken for nonpayment of taxes if the taxes were not paid and Mr. Stevens said that it would be if it were assessed. Mr. Jellis said that if the Town takes the land as tax title property he would be willing to pay for it in order to clear up the situation. Mr. Stevens stated that he does not think it has been assessed because he supposed it was not thought by the Assessors to have any value. Mr. Jellis said that he wants the Town to do something about this piece of property and give him an opportunity to purchase it. Mr. Stevens suggested that the triangular piece of property should be owned by Mr. Jellis or Mr. Cooper and then old Reed Street abanddned. He said that some- 1 thing might be worked out with the attorney for the bank who holds the mortgage. Ile said he thought there was some merit in studying this and that he would be glad to look into it. The Chairman said that this is something separate from the betterment assessment and as far as the Board is concerned it still feels the same as before and does not want to make any change in the assessment. He explained that Mr. Stevens is extremely busy at the dir- ection of the Board and he wanted to make it very clear to Mr. Jellis that straightening out the situation6s far as the triangle is concerned will have to wait until Mr. Stevens has the time to do it. Mr. Jellis said that in the meantime he will let the water betterment go on a yearly basis and the Chairman said that the method of paying the assessment is entirely up to Mr. Jellis. Messrs. Jellis and Stevens retired at 8:40 P.M. 443 Mr. Stevens said that, according to the informa- 1 tion contained in Mr. Carroll 's letter of April 20th, he does think this money has to be accepted by the Town, but should be credited to the Perpetual Care Fund. Mr. Stevens informed the Board that he had prepared Exercise of Option documents in connection with certain parcels of land to be purchased for Elementary elementary school sites . School Upon motion of Mr. Hoyt, seconded by Mr. Gay, Sites it was voted to exercise the options obtained from Options Robert L. Innis, dated January 31, 1951; J¢hn L. Kelly et al, Trustees of the Selchester Realty Trust, dated on or about March 17, 1951 and Francis Thompson and Hugh Thompson, dated March 16, 1951. Mr. John J. Sullivan, salesman of the Meteor Sales of New England, and Mr. William Fitzgerald met with the Board relative to the new ambulance. The Chairman asked if the Board wished to pass a vote accepting the ambulance and upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to accept 1951 Meteor the 1951 Meteor Cadillac Ambulance (motor No. 5186- Cadillac 13639; Serial No. 51084) . Ambulance Mr. Sullivan explained that the transfer of registration will be taken care of in the morning and that the old ambulance remains town property until the transfer is completed at the Registry. He ex- plained that, as far as a receipt for the old ambulance is coneerned, it will be a matter of Mr. Sullivan signing a receipt, and that he would give it to Deputy Chief Cook in the manning. Mr. Sullivan informed the Board that unless the new ambulance is serviced by a Cadillac dealer the warranty will become void. Mr. Driscoll suggested that the Board of Fire Commissioners determine where the ambulance is to be serviced. Messrs. Sullivan and Fitzgerald retired at 8:20 P.M. Mr. Leonard Jellis met with the Board to discuss again the water betterment assessment levied against his property on Reed Street. He said that he was Jellis surprised that the Board turned him down and he does water not think he is being used equalto other citizens of betterment the Town. He stated that his land does not abut the assessment street where the pipe was put in and he can't under- stand how the Town can bill him. The Chairman explained that the Board's decision was not made hurriedly or inadvisedly. He stated that some cases can be decided on technical or legal merits 1 and others come in quite different categories. 444 He said that Mr. Jellis knows the situation here is definitely a peculiar one, and that Mr. Jellis purchased the property and built his house aware of the situation. He said that the Board does not consider the cost excessive and that the request for water was taken care of with reasonable speed. Mr. Jellis said that if the Town records had been correct there would have been no need of placing the 6" main. He stated that it cost him *150 to take the pipe from Reed Street to his house and that he does not abut the section of Reed Street where the water main was placed so he questioned the assessment . Mr. Stevens explained that the theory is not that a piece of property abuts on the street, but it is that the property receives advantage other than the advantage accruing to the Town as a whole. Be said that this main was extended in order to give Mr. Jellis water and there seems to be no question but that his property was benefitted. Mr. Jellis asked if the piece of land between his property and the new location of Reed Street would be taken for nonpayment of taxes if the taxes were not paid and Mr. Stevens said that it would be if it were assessed. Mr. Jellis said that if the Town takes the land as tax title property he would be willing to pay for it in order to clear up the situation. Mr. Stevens stated that he does not think it has been assessed because he supposed it was not thought by the Assessors to have any value. Mr. Jellis said that he wants the Town to do something about this piece of property and give him an opportunity to purchase it. Mr. Stevens suggested that the triangular piece of property should be owned by Mr. Jellis or Mr. Cooper and then old Reed Street abandoned. He said that some- thing might be worked out with the attorney for the bank who holds the mortgage. Ile said he thought there was some merit in studying this and that he would be glad to look into it. The Chairman said that this is something separate from the betterment assessment and as far as the Board is concerned it still feels the same as before and does not want to make any change in the assessment. He explained that Mr. Stevens is extremely busy at the dir- ection of the Board and he wanted to make it very clear to Mr. Jellis that straightening out the situation s far as the triangle is concerned will have to wait until Mr. Stevens has the time to do it. Mr. Jellis said that in the meantime he will let the water betterment go on a yearly basis and the Chairman said that the method of paying the assessment is entirely up to Mr. Jellis. Messrs. Jellis and Stevens retired at 8:40 P.M. 445 The Clerk left the meeting and Mr. E. A. Lindstrom, Building and Plumbing Inspector met with the Board. He retired at 10:10 P.M. and the Clerk returned to the meeting. The Chairman reported on his conversation with Mr. Converse Hill relative to An appraisal of the Insurance Town Buildings for insurance purposes and it was Appraisal agreed to consider the matter before the warrant is drawn for the next Annual Town Meeting. Further consideration was given to Miss Thompson' s letter of April 20th with reference to uncollected ambulance bills. Town Counsel advised Ambulance the Chairman that charges over six years old are Bills outlawed legally. The Chairman was authorized to advise the Tax Collector to put through abat#ients for the ambulance bills 1942 through 1945 inclusive. It was the opinion of the Board that the Tax Col- lector should follow through on the 1946 bills by placing them in the hands of the Deputy Collector4 The Chairman was also authorized to confer with Flan Adams relative to printing something in the Minute Man relative to the use and charges for the ambulance. Letter was received from H. Webster Thomas, Director of Civil Defenee, explaining in detail the power requirements, installation, etc. required for Civil C.D. Communications Center. Additional information Defense was also given relative to equipment for radiological Comm. Center monitoring. Upon motion of Mr. Emery, seconded by 4r. Gay, it was voted to authorize the purchase of four in- struments for radiological monitoring at a total cost of $250. It was further voted to authorize the use of the second floor Conference Room at the Cary Memorial Building for C. D. Communications Center. Application was received from Edward J. Cronin, Secretary of State, on b ehalf of Axel Sorensen, 117 Bedford Street who has applied for a certificate of Cert. of incorporation. A satisfactory character reference Inc. was received from the Chief of Police. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to certify Mr. Sorensen's character. Application was received from Edward J. Cronin, Secretary of State, on behalf of David F. Toomey, Jr. , 1061 Massachusetts Avenue who has applied for a certificate of incorporation. A satisfactory character reference was received from the Chief of Police. 446 Cert. of Upon motion of Mr. Gay, seconded by Mr. Driscoll, Inc. it was voted to certify Mr. Toomey's character. The Chairman read a letter from the Board of Retirement advising that Wallace C. Weisinger's term as a member of the Board will expire July 1st. Election of Mr. Emery moved that the Secretary of the Board member to of Retirement be requested to follow the usual procedure Retirement using an official Ballot. Mr. Hoyt seconded the motion Board and it was so voted. The Chairman agreed to discuss the subject with the Superintendent of Public Works, Mr. Burns . Letter was received from John J. Oliveri, 28 Pembroke Street, Chelsea, offering $250 for Lot 215 Spring Street. Taxtitle Upon motion of Mr. Hoyt, seconded by Mr. Emery, property it was voted to entertain an offer of $400. Letter was received from Lee E. Tarbox, offering $50 each or 1100 plus water betterment assessment for Taxtitle Lots 14 and 15, Block 17, Reed Street. propertyThe Clerk was instructed to refer the letter to the Committee on Tax Title Property for report. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it wets voted to grant the following licenses: Corner Variety Store 856 Mass . Ave. Sunday Sales Licenses Countyrside Associates Lowell St. " Golf Lexington Theatre, Inc. 1794 Mass. Ave. " Movies Theron H. Gough 451 Concord Ave. Peddler Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to sign the following Sewer Orders: Fallen Road. Manning Street, Hill Street, Milk Street, Sewer Orders Bedford Street, Locust Avenue, Lexington Avenue, and Marrett hoed. (Copy of Orders on file in Selectmen's files - 1951 Sewer Orders ) Juror Mr. John F. Daniels, tool mechanic, 84 Bertwell Road, was drawn for jury duty. The meeting adjourned at 11:04 P.M. A true record, Attest'