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HomeMy WebLinkAbout1952-12-22-min 433 SELECTMEN'S MEETING II December 22, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, on Monday evening, December 22, 1952 at 7:00 P. M. Chairman Nickerson and Mr. Reed were present. The Clerk was also present. Mr. Gay arrived at 7 :30 P. M. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of a juror. Mrs. Mary F. Kelley, Juror cook, 111Spencer Street, was drawn, and Mr. Carroll retired. Letter was received from Francis J. Donovan., 9 Eldred Street, requesting the installation of a_ street light at the corner of Ivan and Eldred Streets. Street Inasmuch as the funds for street lights have all light been expended, this will have to be considered in the 1953- budget. The Chairman reported that on Thursday morning he met with Mr. William H. Ballard, Mr. Alan G. Adams and Mr. William Burns in regard to Edison My,, He proposed that Mr. Ballard approach Mr. Howland and ask him if Minot, DeBlois & Maddison would be willing to go along with the intent of the project Edison as it was originally laid out and call it a parking may space and not refer to it as Edison Way. The Chairman then read a letter from Mr. Ballard advising that Mr. Howland feels that it would be un- wise for him and his co-trustees to proceed in the way suggested at the above-mentioned meeting. He further stated that Mr. Howland is prepared to pro- ceed in accordance with the December, 1950 agreement in regard to Edison Way. The Chairman said that he would be in favor of going along with the old agreement whereby the Town would construct the street and the property owners would make parking areas between the street and their property. The Chairman read a letter from t he Board of Assessors advising that Mr. William Il Burnham, Chairman of the Board, has been elected vice presi- dent of the Middlesex County Assessors Association. This is the first time a Lexington Assessor has been elected to this office. 434 00 The Chairman read a letter from the Board of Retirement advising that on March 26, 1953 Mr. Bills Louis W. Bills will become seventy years of age, retirement and it will, therefore, be necessary to make pro- visions for his pension of that date. Letter was received from Martin Gilman, Chair- man of the Youth Study Commission, advising that the Commission's report will not be completed in time for the Annual Town Meeting. in March. It is therefore planned to make a report of progress and request that the Commission be continued for another year. He also suggested that an appropriation of 650 or *100 be made for use by the Commission. The Chairman was authorized to advise Mr. Gilman that the sum involved is so small that the Board will include it in the Unclassified Account. Letter was received from Mr. Harold I. Wellington, Lexington Coal Company, requesting that Mrs. Edith M. Kindred, Haven Terrace, Burlington, be appointed a Public Weigher to take the place of Mrs. Copeland who Public is leaving the company's employment. Weigher Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to appoint Mrs. Edith M. Kindred a Public . Weigher in the Town of Lexington for a term expiring March 31, 1953. Mr. Burns arrived at the meeting. Petition was received from the Boston Edison Com- pany and the New England Telephone & Telegraph Company for location of two j/o poles on Burlington Street. Pole Mr. Burns explained that this is a set of poles location that are to be relocated and moved back. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to approve the following relocation: Burlington Street, northeasterly from a point approximately 225 feet northeast of Grove Street, two (2) poles. (Two exis- ting j/o poles to be removed. ) Notice was received from the State Department of Public Works, with reference to snow removal on Route 2A, Town Gap, 0.20 miles. Upon motion of Mr. Reed, seconded by Mr. Gay, it Snow was voted to advise Commissioner Callahan that the removal Selectmen would like to continue the arrangement whereby the State will plow the entire length of Maple Street and the Town of Lexington will remove the snow on all of Massachusetts Avenue. I 485 Mr. Stevens arrived at the meeting at 7145 P. M. He explained that two claims were brought for land damages on Paul Revere Road and now are pending. They are Levings and Hollis. He also referred to a Miss Powers who received notice of the taking in the plan and the order of the County Commissioners in which the name Michael Powers was listed. However, Miss Powers received the notice and the time has ex- pired in which she could bring any proceedings. He said that he thought it would be in order for Mr. Burns to talk to her. He said that, in reference to the other two, an appointment should be made for them to discuss the claims. Mr. Burns retired at 5;00 P. M., and Mr. Daniel A. Lynch met with the Board. He said that, for the record, he called the Chairman last week and told him about the Callahan case. Some time, probably in August, Mr. Callahan and his wife saw Mr. Lynch at his home, having been referred to him by Mr. Errol H. Locke for whom Mr. Callahan works. On June 27th the Callahan boy, who is ten years old, had attended an Arts and Crafts class at the playground and after the class was over he and another boy were on their way to the swimming pool. The other boy, who had brought a dirk to the class, II threw it at a tree, and it bounced off and hit the Callahan boy in the eye. Mr. Lynch discussed the case for approximately half an hour and following is a brief resume. He told the father of the child that there is no legal liability on the part of the Town« The boy's mother had inquired as to whether or not there is supervision at the playground and was informed that there is. The boys were requested to bring knives to the Arts and Crafts class, and one boy brought a dirk - a knife with an open blade instead of a clasp knife, and it was this knife that caused the injury. The boy was examined by the instructor, given first aid and sent home. His mother did not notice any injury, but when his father came home from work he thought he noticed a fine cut and took the boy to Dir. Harrington who confirmed the diagnosis, called a specialist and arranged for admittance to the Massa- chusetts Eye and Ear Infirmary. An effort was made to save the eye, but it finally started to shrink and had to be removed to prevent a sympathetic development in the other eye. The financial circumstances of the family are not too good as the father works as a laborer for General Radio, has eight children and his wife recently under- went a major operation. However, General Radio has a fund for cases of this type and advanced money to cover the doctor's bills which sum should be repaid if the Callahan's are able to do so. 436 Op Mr. Lynch argued that there is a definite change in the boy's personality, is not able to ride his bi- cycle, bumps into things around the house and is doing reasonably well in school but not as well as he did. He has lost depth perception, peripheral vision, cannot participate in sports and will be restricted in his future occupation. Mr. Lynch has drafted a bill to be presented to the Legislature, and put in the amount of $15,000; said bill if passed to be presented to the Town Meet- ing for a vote. He did say, however; that the bills incurred to date total $800. He said that the sum of $15,000 would be the maximum, the amount to be paid to the boy or a legal guardian. He said that in order to get this bill heard by the Legislature and have any result, the Board would have to approve the filing. He said that he was not asking the Board to be the petitioner, he would do that, and ask Mr. Ferguson to file it. He explained that if the Board signs the bill and it is passed by the Legislature, the Town Meeting in March can vote, under the Act, a sum up to $15,000 or turn it .down ltogether. He said that the Board may feel the Town should not pay any money, but, nonetheless, he would not like to have the Board deprive the boy of the right to go before Town Meeting. He said that the Board may object on the basis of establishing a precedent, but he did not think it would because on a minor claim he thought no one would go to such extremes as this. He said, if the Town Meeting turns it down, he will feel that he had done everything he can for the boy. He said that if the Selectmen do not approve filing of the bill, that ends the matter. The Chairman said that he also thought of the estab- lishing of a precedent, and no two people will view this in the same way. He said that the Board regrets the ac- cident and are sympathetic. He asked if there were some maximum figure, and Mr. Stevens said there is none that he knows of. The Chairman said that, besides the possibility of establishing a precedent and the question of a maximum amount, there is the matter of procedure. He said that possibly another procedure would be to present the case to the Town Meeting for the sense of the meeting and then subsequent to that if the meeting approved, it would go to the Legislature. Mr. Lynch said that first an article would have to be inserted in the warrant, and it would be pretty much of a nullity. He said that if it goes to Town Meeting and then to the Legislature and back to another Town Meeting, it would delay the boy for another year. The Chairman said that if the matter is handled sympathetically, and he is awarded money, it will not make a great deal of difference if he gets it in four months or in eighteen months. He said that no doubt 437 General Radio would be willing to spend the small ad- ditional amount if necessary. He explained that Mr. Stevens mentioned the fact that if the Board goes to Town Meeting with a bill passed by the Legislature, it will have a definite in- fluence on the Town Meeting members for the Legislature must have approved it or would not have passed it. . Mr. Lynch said that if the Legislature approved it and Town Meeting went along, that is what he would want. The Chairman said that was a fair statement on Mr. Lynches part. He stated that he believed the Board would rather have the local body decide on the merits of the case before the Legislature gets into it. Mr. Stevens said that what he had in mind was that a vote would be adopted at the Town Meeting authorizing and directing the Board to file such Legislation. He said he was not sure if the Town could, at that same meeting, make an appropriation subject to passable action by the Legislature on that bill. He said that bills do not receive much consideration in the Legis- lature. He said the feeling may be that if the Rep- resentative from the area wants it, why not pass it and let the Town decide. The Chairman said it would have its effect on the Town Meeting, and Mr. Lynch said that he would like to have that psychological effect. The Chairman said that the Board is sympathetic and the Board relies on Town Counsel's reaction to things like this. Mr. Stevens said that there are a great many of these bills in every Legislature, and it is not a pleasant thing to oppose them but many have to be opposed, and if it were not so, money raised by jaxation wouldbe spent by anyone who was heard. He said that in some of them the line can be drawn and if the accident happefied on land of a private corporation, there would have been legal liability. This case would have to come under the class of cases that, even if it had been a private organi- zation, there won'd be no legal liability. He said it would be looked at from the point of view as to whether or not the people of the Town as a whole should be asked to pay for this very unfortunate cir- cumstance. He asked if a boy were at the playground and broke his leg how it could be distinguished from this case . He thought the intent would be approval by the Board if it filed the bill before presenting it to Town Meeting, and if the Board approves and tiles it, it will be accepted. It seemed to him that it would be out of character to approve filing the bil]t and then send the Town Counsel up to oppose it. He said that the Board has to decide if it will approve it or not. 438 g0 Mr. Gay said that if the Board approves the bill, it also approves some payment, and Mr. Stevens replied that it definitely would. The Chairman said that he would be unwilling to hurry this, and before any decision could be made, all members of the Board would want to discuss it with Town Counsel. Mr. Stevens asked it it went through the Legis- lature wouldn't it be difficult to present it to the Annual Town Meeting, and Mr. Lynch said that he thought time would be short. He said that *15,000 appropriated by Town Meeting would mean less than fifty cents on the tax rate. He said that he agrees with what the Chair- man said about having a full Board discuss it with Town Counsel. Mr. Lynch retired at 8:45 P. M. The Chairman asked Mr. Stevens what his reaction is to the maximum sum named, and he replied that he would want to check it. As he recalls, in most of these bills it is a smaller amount authorized, be- cause it is more to pay for the expenses. He said that he does not think there is an attempt to compen- sate for disability to any material extent. He said that the sum is very small if the Town is going to try and compensate for the loss of an eye. Memo was received from the Massachusetts Select- Police men's Association in regard to a police school, and the School Chairman agreed to refer the communication to the Chief of Police. Mr. Stevens reported that Representative Charles E. Ferguson is working on the possibility of having Lexington mental patients admitted to the Metropolitan State Sanatorium rather than sending them to Worcester or Westboro. Mr. Stevens retired at 9:10 P. M. Memo was received from Officer Mowat explaining Transfer the necessity of requesting a transfer of $76 to the Dog Officer Expenses Account. However, the Approp- riation Committee had already approved the transfer. Copy of letter from the Appropriation Committee Transfer to Forest Warden Cook was received advising that a transfer from the Reserve Fund to the Forest Fires - Wages and Expenses Account in the amount of *250 had been approved. Application was received from Mrs. James Flynn, on behalf of the Youth Study Commission, requesting Use of room permission to conduct a meeting in the Selectmen's Room on January 7th from 8:00 P. M. until 10 :00 P. M. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the request. 439 Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the following licenses: '(Quote). * The Chairman read a letter from Mr. Carroll, Clerk of the Board of Registrars, requesting a trans- fer of $110 to cover the cost of printing supplemen- tary voting lists for the election held on November 4th. Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to recommend to the Appropriation Committee a transfer of $110 from tie Reserve Fund to the Board Transfer of Registrars Expenses Acccount. The Chairman read a letter from Chief Ryeroft advising that Richard Herbst, director of the Lexing- ton Boys ' Club, has requested that he be appointed a Special Police Officer. The Chief has investigated and determined Mr. Herbst to be of good character and Special reputation. Police Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to appoint Richard Herbst a Special Police Officer in the Town of Lexington for a term expiring March 31, 1953. The meeting adjourned at 9:35 P. M. 11 A true record, Attest; Wild acre Inn 50 Percy Road Innkeeper (renewal ) Minute Man Restaurant 1715 Mass. Ave. Common Victualler a Ernest C. Martin 1793 Mass. Ave. Common Victualler ' Simonds Pontiac 7 Mass. Ave. 1st Class Agent '" Lex. Amusement Co. 1794 Mass. Ave. Sunday Movies