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HomeMy WebLinkAbout1952-03-31-min 191 SELECTMEN' S ITEFTING March 31, 1952 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, oa Monday, March 31, 1952 at 7:00 Y.M. Chairman NiDkerson, Messrs. Emery,Gay, Driscoll and Reed were present. Mr. Burns, Sup' t of Public Works, and the Clerk were also present. Mr Burls reported on Luke May' s water bill and informed the Board that the total amount of money outstanding at the present time is 4614 for a period of a year and a half. Mr. Luke May's May' s average normal consumption was 454 .83 per water bill quarter and for six quarters his normal bill would be $328. 98. The excess water at cost is $164.10, making a total of #493 .08 which is the normal plus the excess Lt buying rate, or %266 to ee abated. He said that in April, 1949, the Board voted to adjust Mr. May' s bill for the last three months, amounting to 4401.80 as follows; Mr. May to pay 054.83, which was figured as the average bill for the last eight periods . He was also to pay for the over-age at the rate of what is charged to the Town. Mr. Burns reviewed the case and read correspondence in connection with it. He said that Mr. May has repaired some of the leaks, but he has had no normal quarter. He explained that the only solution is for Partial Mr. May to start at the pit meter and put payment of in a new line which will probably cost $1.00 Brox per foot. Re told Mr. Burns that he was retained prepared to put in a service from Massa- percentage chusetts Avenue to the house and spend about 01,000. Mr. Emery said that if, as the Board assumes, the Town has no right in this private line, the question of repairing the p ;pe is Mr. May' s responsibility and unless the Board votes to abate, the matter is closed. Mr. Burns referred to the contract with Brox and explained that claims have been received for damage caused by blasting. The Town Counsel has a list of the claims and has discussed the sub- ject with the bonding company. The co#pany acknowledges liability and will take care of the claims . He said that on this basis, he would like to pay Brox 8% of the retained percentage 192 CC OD on the sewer work. 1' The Chairman asked if Mr. Burns wanted to pay him 4/5 and .he replied in the affirmative, stating that payment is recommended by Town Counsel. The Board had no objection to paying 4/5 of the retained percentage on the sewer project. Mr. Burns reporter that he had talked with the Town Clerk today relative to closing the Town Office Closing Building on Saturdays, and was informed that a copy Offices of the vote of the Town Meeting will have to be sent Saturdays to the Attorney General for approval and then-it must be published for three weeks . Mr. Carrall told him that he would take care of it tomorrow. Mr Burns said that he has made up a schedule of hours for the men in the Public Works Department and would like to put it into effect Friday morning. Mr. Fiery asked if it were a year-round schedule and Mr. Burns replied that he would not make it hard and fast. The Chairman suggested, and the Board agreed, to authorize Mr. Burns to use his own discretion in the matter. Mr. Stevens arrived at the meeting at 7 :30 P.M. Mr. Burns reported that Sunnyfield will be ready for bids May 1st; Marrett Road, et al, May 15th and the streets June 15th. He said that he has engaged the firm of Whitman & Howard and, including engineering and Engineering supervision, the Sunnyfield project will run 9i% of the total cost of the job and the others will be on the basis of between 5-;. "% and 6`0. He stated that it is understood that everything is to be done to his satisfaction. The Chairman read a letter from the County Commissioners advising that before any action is taken on Hill Street it will be necessary to have a Hill St. petition filed with the Commissioners. Chap. 90 Upon motion of Mr. Emery, seconded by Mr. Gay it was voted to petition the County for relocation and specific repairs on Hill Street as a Chapter 90 project. The Chairman read a letter from Harold B. Needham, stating that water from Fern Street runs down his driveway and wears away the blacktop as well as Needham damaging the lower part. Complairt The Chairman agreed to make an appointment with Mr. Burns to view the location. Letter was received from Charles L. Merrill, 1073 Mass. Avenue stating that he had to pay a plumber §16.25 due to a blockage in a sewer pipe and that the Town man found the pipe was clogged up out in the middle of Massachusetts Avenue between Plainfield and Maple Streets. He feels that the 193 Town shoulc pay the bill. Mr. Burns explained that the men went down to see if the main line was clogged and found that it wasn't . Therefore until the shovel could be taken down, becatse the stoppage was in the connection, and it was found that the pipe clogged was in Merrill ' s line . He :aid that the cost to the Town WaS about 4104. The CI- airman was authorized to explain the situation to Mr . Merrill and decline payment of his plumbing bill. Letter from the East Middlesex Mosquito Control in regard to low airplane flying for spraying was taken by Tcwn Counsel who agreed to check the pro- posed contract and report next week. Mr. Burns retired at 7:50 P.M. and Chief Rycroft met with ti-e Board. Bids for three 1952 cars for use by the Police Department were received as follows: Frederic R. Childs 1952 Mainline Ford V8 Tudor Sedan 01790.05 Allowance on 1950 Ford 1250.05 Cost b40. 00 1952 Mainline Ford V8 Tudor Sedan 1790.05 Allowance on 1951 Chevrolet 1450.05 Cost 340100 1952 Mainline Ford VS Tudor Sedan 1790.05 Allowance on a 1951 Ford 1450.05 Cost 340.00 F. K. Johnson, Inc. 1952 Chevrolet Sp. Series 2-door Sedan 1689.41 Allowance on 1951 Chevrolet 1247.34 Cost 442.07 1952 Chevr•o .et Sp. Series 2-door Sedan 1689.41 Allowance on 1950 Ford 1247 .34 Cost 442.0'1 1952 Chevrolet Sp. Series 2-door Sedan 1689.41 Allowance on 1951 Ford 1047.34 Cost 642 .07 194 Upon motion duly made and seconded, it was unanimously voted to purchase two 1952 Mainline Ford V8 Tudor Sedans, complete with equipment as listed, turning in a 1950 Chevrolet and a 1951 Ford, from Frederic R. Childs at a net cost of W80and to purchase one 1952 Chevrolet Special Series 2 Door ' Sedan, complete with equipment as listed, turning in a 1950 Ford 2 door sedan, from F. K. Johnson, Inc .at a net cost of 0442.07. The Chief asked if he understood correctly that the Department will have two new Fords and one new Chevrolet and the Chairman replied in the affirmative. The Chief said that there is a question of generating power on the Ford tokeep the battery up. he has generators that can be used on the Chevrolet but not on the Fords . The two extra generators have been in the Department for about eight years. He asked if the money in the appropriation over and above the bids could be used to purchase two new generators and the Town Counsel replied that he could not see any diffi- culty. The Board, therefore, authorized the Chief to purchase two new generators . Chief Rycroft retired and Mr. Maurice Healy, applicant for the position of Veteran' s Agent, met with the $card at 8:10 Y .M. The Chairman explained that the Board is chiefly interested in his experience and knowledge about what is required for this particular position. Mr . Healy said that he did not know what the duties were and the Chairman exjlained that they Veterans are not entirely clerical. He said that thrconsist Agent of handling all the clerical work and the work involved in distribution of funds . It also entails following the people who recommend an applicant and every ap- plicant has to have three individuals recommend them. He also explained that it is the duty of the Agent to make personal contracts with each recipient of funds every three months. Mr. Healy said that he thought he could do the work easily in view of his experience and presented the Chairman with letters of recommendation which appeared to be character references . The Chairman asked about Mr. Healy' s occupation and he replied that he was a bus driver, but had to give the work up on edvio e of his doctor. At the present time he is unjmployed. He said that he has been a taxpayer and voter in Lexington since his discharge in 1945. He retired at 8:15 P.M. Mr. Driscoll reported on an investigation he !Ude on Mr. Healy's behalf and the subject was discussed at length. De cision was heover until 195 the next meeting of the Board . Mr. Charles E. Ferguson and Mr. G. Potter met with the Board and lir. Burns returned to the meeting. Mr. g`erguson said,:that therNo+theast Gas company has laid a pipe line across the Town and in the process of laying the pipe line has taken Dr damaged property owned by him and Mr. Potter. 1+hen the company was originally negotiating for the agreements to lay the pipe they had an agreement that they were circulating to the property owners that would commit the owner Ferguson & to give them the right to make the taking of about Potter 1/4/ a foot or 41.10 per rod for a permanent taking claim of thirty feet and a temporary taking of fifty feet. He said that he and Mr. Potter did not sign the agreement . They have been negotiating since last July or August and 8:4 far have been getting nowhere. He said that he does not know if the Board has had any complaints or requests from other people in town. He wondered if, under the law which gives the Selectmen the right in the case of taking by a corporation to assess the damages tc4he property, whether or not the Selectmen feel that they want to exercise their prerogative and assess damages to this property. He said that the Northeast Gas Company con- tacted Fred Spencer in an attempt to get an appraisal and authorized him to make an appraisal of the damages on this property and som d'er properties. When he filed his appraisal on t e - erguson and Potter Land, the company told him not to bother with any others . He said that Mr. Spencer ' s appraisal was away above what the company offered . The Chairman asked Mr. Ferguson if when he said "assesdhe damsges against the property" he meant that they ma e a permanent taking and Mr. Ferguson replied that they made a thirty-foot taking. He said that he was including the property affected by the taming as well as tae taking. He said that in the process of making the taking they isolated about four or five acres of land that could eventually be developed into good building lots. He presented L. plan of the land which s'zowed the thirty-foot taking. The Chairman asked if a break in the pipe would mean an explosion end Mr. Ferguson replied by referring to what happened in Rochester and other cities. Mr. Ferguson said that the D.P.U. was authorized IIto draw up aL �� regulations, but neer done so and Mr. Stevens said that they have prepared some 11 regulations . 196 The Chairman asked if the lots were recorded and 111 Mr. Ferguson replied, by designating certain lots on the plan, and said that this is the only area laid out. The Chairman asked if the lots were 15,500 feet and Mr. Ferguson replied in the affirmative. The chairman said that it would appear that if the area had to oe lotted again several lots would be lost and Mr. Ferguson said that he would be losing 42 acres . The Chairman asked what he was talking about in money and Mr. Ferguson replied that the company offered 42,000. Mr. Gay asked Mr. Spencer what he put on as a value and Mr. Ferguson presented the Chairman with a copy of Mr. Spencer 's appraisal of 47500. The Chairman asked if he thought Mr. Spencer ' s appraisal was fair and Mr. Ferguson replied that he thought it was reasonable. The Chairman asked how it would work to Mr. Ferguson' s advantage of the Board to assess the damages. Mr. Ferguson replied that the law provides that when a taking is made by a corporation the damages to the property affected can be assesed by the Board of Selectmen. The Chairman asked if he meant the amount and he replied in the affirmative. The Chairman asked if he meant that the Selectmen have the power to establish the amount of damages and Mr. Ferguson replied in the affirmative . The Chairman asked Mr. Stevens for his opinion and he replied that he does not know of any case where this method has been used. He explained that the law has been on the books a good many years but he does not know of any case where a Board of Selectmen has been asked to assess the damages . He explained that if the Board acts, it must notify the company and there would be a hearing which would be conducted by the Selectmen. The Board would consider evidence introduced by both sides and then make a decision, and award damages . The Chairman asked what the. recourse would be if the gas company did not like the award and Mr. Stevens replied that he does not think they have any. Mr. Gay asked how the land is assessed now and Mr. Potter replied that it is assessed by the ache . He said that the Town has a bond covering this and Mr. Stevens stated that the Town has a bond, the amount of which was recommended by Mr. Potter. - Mr. Driscoll inquired about the date of taking and Mr. Ferguson replied that it was July 18,1951. 197 The Cha.iiman said that he did not know what the Board could do other than to knowledge that it has been advised of the situation. Mr. Ferguson asked if he would have to file a formal petition to the Selectman and Mr. Stevens replied in the affirmative. Mr. Potter asked if a hearing had to be held and Mr. Stevens replied in the affirmative. He said that he thought it was one of the principles of justice to have a hearing and offer evidence and that this is just a preliminary conference to advise the Board that a petition will be filed. Mr. Ferguson agreed . The Chairman stated, to conclude the discussion, Mr. Ferguson and Mr. Potter have taken the preliminary steps and it, is now pp to them to file a formal petition. Messrs . Ferguson and cotter retired at 9:00r.M. The Chrirman read a letter from Joseph A . Purcell, attorney for Mrs . Irene B. Graziano, 're-certain lots Tax on Philemon Street, listed as tax title property, to Title which she has a deed prepared by Daniel J. O' Connell. Mr. Stevens advised that if the records show these lots to be tax title property and the Board wants to sell them, it will only have to pet a price . The Chairman agreed to write the Town Clerk in an effort; to determine the status of the property. Chairmen Foley, Messrs . totter and LeGrow of the Recreation L'ommittee, and Mr. Garrity r,:et with the Recreation Board, at the Committee' s request. There is some Committee question as to the powers and duties of the Committee and Dr. Foley referred specifically to the sponsoring of dances conducted by the Boy' s Club and the so-called Promenaders group. The Chairman said that there is nothing in the records that is pertinent to this particular question of sponsoring dances . Dr. Foley explained that the group is running the dances, has its own officers ate-42ntrclz its and controls its own finances, but the feeling of the committee is that if it is going to sponsor anything it should oe a little closer than Lt is to this. The Chairman suggested, and the Committee agreed, that a copy of the original report submitted to Town Meeting be obtained in an effort to find out more definite information given the matter by the Selectman next week. The hecreation Committee retired at 9:20 P .M. 198 cc zo Upon motion of Mr. Emery, seconded byMr. Driscall p y, , Tax title it was voted to sign a deed, prepared by own Counsel, Property conveying Lot 3A Waltham Street to Joseph F. Freni and Francis L. Freni . Mr. Stevens reported on the claim for damages involving the street sweeper and explained that Claim re: some of the Towns do defend the employee and if street he is sued for damages as a matter of course pay the sweeper damages . The Chairman asked if Mr. Stevens was recommending that the Town defend the man involved and Mr. Stevens replied that if he is to ue kept on as an operator of the sweeper, he thought he should be defended . He said that he does not see how the .Board can keep him on as a driver and not defend him. It was unanimously agreed that Town Counsel should def en the employee operating the sweeper if he is sued as a result of an accident in which the sweeper was involved . Mr. Stevens reported that there are two claims outstanding on Waltham Street - Bickford and Hayes . Bickford The Bickford ' s are now willing to give the Town a Waltham St. full easement to maintain the wall as it now is and claim; a confirmatory deed of the area taken Be said that it seems to him desirable to settle for the sum of 0300. Upon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to authorize the Town Counsel to settle both claims for 4300 each. Letter was received from the State Department of Public Works, together with a copy of a letter to Mrs . Anna Hawley, 46 Bellflower Street, who had apparently written to the State in an effort to have some work done. The Chairman was authorized to advise Airs. Hawley that inasmuch as this is an unaccepted street, the Town can assume no responsibilty for its condition. At 10:10 P.M. the following members of the Planning Board met with the Selectmen: Chairman Adams, Messrs. Irwin, Hathaway, Johnson, Potter, and Ripley. Mr. Burns was also present. Mr. Adams said that Chapter 134 of the Acts of 1952 is imposing quite a problem on one of the appointed Boards and it seemed to the Planning Board that a discussion of the ways and means of what it involves might be beneficial. 199 111 The Ci.airman said that the Selectmen discussed the matter very hurri6S,Ar earlier this evening and at present the Board does not know what the answer is, . but it appears that this is something to be worked Chap. 134 out by trial and error. Acts 1952 The sL.bject was discussed at length and the group retired at 10:35 P .M. Petition was received, signed by 129 individuals, questioning, the installation of a traffic light at the East Lexington Fire Station. The Cl airman egtplained that the request involves Traffic Light about 42,000 and there are no funds available. He agreed to advise the petitioner that the matter will have to be deferred until the budgets for 1953 are discussed. Letter was received from the East Lexington Men' s Club requesting permission to use the so-called Use of Old Adams School lot for an Antique Show and Auction Adams Sch. on Saturday, June 7th. lot Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to grant the request . Letter from Arthur Ferrera, 16 Bowman Street, in in regard to the school bus strike was referred tdehe School Committee . Upon notion of Mr. Emery, seconded by Mr. Driscoll, it was voted to approve Surety Bond #632130 in the Clerk' s sum of 41,000 on behalf of the Clerk of the Board. bond Letter was received from Mr. & Mrs. Julius C. Ritter, 13 Pine Knoll Road, together with petition , objecting to the decision of the Board of Appeals in granting the petition of E. L. Sharkey for the erection of a tower with reflector by the Raytheon Board of Manufacturing Company, mn his property. Appeals The chairman was authorized to advise the Ritters that the Selectmen have nothing to do with the Board of Appeals decisions and any redress they have would not be from the Selectmen. Letter from the Board of Fire Engineers re the appointment of a Deputy Chief Engineer for the Fire Detartment was held over until next week. 200 00 Mr. Gay gave a report of his investi;ation of the L. J. Foss Co. and moved.{that the Common Vic- tualler' s license be renewed . Mr Emery seconded the motion, and it was so voted. Upon motion of Mr. Reed, seconded by Mr. Gay, it was voted to sign the Sunday Movies License for the Lexington Theatre,Inc . Upon motion of Mr. Gay, seconded by Mr. Reed, it was voted to grant the following uses of halls: 4-H Club Conference Room Apr. 3 Meeting, free Lex. V.F.W. CaryHall Apr.12 Install. " Lex. Field & Garden Estbrook Hall Apr.21 Meeting " Lex. Boy' s Club Cary Hall Apr.16 Dance $35 Lex. Community Concert Cary Hall May 1 Concert free The Clerk inquired as to the hours for voting on April 29th, I✓residential rrimary, and upon motim duly made and seconded, it was voted to set the hours for voting from 2:00P.A. until 8:00 Y.A. The meeting adjourned at 1L:20 P.M. A true record, Attest: --11 k The next regular meeting tf the Board will be held on Monday, April 7, 1952 at 7:00 P.M. in the Selectmen' s Room.