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HomeMy WebLinkAbout1946-10-28 81 SELECTMEN'S MEETING October 28, 1946 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, Lexington, Massachusetts, on Monday evening, Ocotber 28, 1946, at 7:30 p.m. Chairman Potter, Messrs. Locke, Sarano and Paxton were present. The Clerk was also present. At 7:30 p.m. Mr. James J. Carroll, Town ClerI , appeared before the Board for the drwwing of three jurors: Jurors Mr. Alfred T. Ball , printer, 302 Marrett Road, was drawn to serve on Civil Business, First Session, at Cambridge. Mr. Harold B. Lamont, Security Dealer, 20 Winthrop Road, was drawn to serve on Civil Business , Second Session, at Cambridge. Mr. Fred E. Hersom, Insurance, 36 Blake Road, wad drawn to serve on Criminal Business, First Session, at Cambridge. Mr. Carroll retired at 7 35 p.m. At 7:37 p.m. hearing was declared open upon the Custom application of Custom Build Homes, Inc. for the Board of Built Survey approval of proposed new roads and lots nn the Homes, Custom Built Homes, Inc. property located off Spring Street. Inc. Mr. Joseph H. DeFoe, Supt. of Public Works , Stanley Board of Higgins, Assistant Engineer, and Edwin B. Worthen, Jr. , Survey Chairman of the Planning Board and seven other persons Hearing were present at the hearing. Notice of the hearing was read by the Chairman. The Clerk informed the Board that Mr. McLaughlin, the contractor, had telephoned prior to the meeting that due to circumstances over which he had not control, it was not possible for him to be present until later on in the evening. The plans and profiles were explained to the group by Mr. Higgins. The hearing was declared closed at 8:20 p.m. The group with the exception of Messrs. DeFoe and Higgins and Worthen retired. Mr. Locke asked if the Planning Board had approved the layout as submitted and Mr. Worthen replied that the over-all plan has been approved. Mr. Sarano asked if there was anything that the Board of Selectmen, nettling as the Board of Survey, could due to 82 got force the contractor to complete the houses already stetted. He also asked if there is sufficient pUje to to inatall water on the additonal layout. kr. DeFoe stated that he expected to be abbe to have the water installed before January 1, 1947. Mr. Paxton asked if he had enough pipe for the new section and Mr. DeFoe replied in the affirmative. Mr. Locke mentioned that it did not seem economically possible for the contractor to hold up on these houses considering the investment that he must have in them. Mr. Rowse arrived at the meeting at 8 35 p.m. _Mr. Paxton moved that the Board ppstpone signing the plans for two weeks. Mr. Sarano seconded the motion. The Chairman suggested that before the motion was carried, any decision be deferred until Mr. McLaughlin had an opportunity to appear before the Board. He asked Mr. Paxton if he would withhold his motion, and he replied in the affirmative. Mr. Higgins and Mr. Worthen retired at 8 40 p.m. Hearing wad declared open upon thepetition of the Boston Edison Company for permission to install three poles on Burlington Street, southwesterly from North Street. Mr. Peter Helburn was the only person present at the hearing. Mr. Helburn stated that he had no objection to the Three poles, but he would like to have something done in an Poles attempt to save the trees. He said that there are eight or Burlington nine very large elm trews on the southerly side of the street. Street The Chairman said that the petition would be referred to Mr. Garrity, Tree Warden, and that an endeavor would be made to save the trees. The hearing was declared closed at 8:25 p.m. and Mr. Helburn retired. A decision on the petition was held over for one week. Mr. DeFoe said that he had received a bid in the Repairs amount of $180 from the National Slate and Tile Company Roof for repairs to the roof of the Cary Memorial Building. He on Cary also received a bid in the amount of $81 from a Mr. Beaman Bldg. and said that he believed the work could be done for this amount. Mr. Sarano moved that Mr. DeFoe be authorized to accept the bid in the amount of $81 for repairs to the roof of the Cary Memorial Building. Mr. Rowse seconded the motion, and it was so voted. Ins. Mr. DeFoe said that he had talked with Converse Hill relative to sprinkler insurance. Mr. Hill advised him that the usual amount of sprinkler insurance is 5 per cent of the valuation and inasmuch as the insurance appraisal will be ready the latter part of November, he suggested that nothing be done on the matter at this time. R 8 'f- II It was decided to defer any changes in the amount of the sprinkler insurance coverage until such time as the report of the appraisal has been received. The Chairman read a letter from Mrs. Norman Wood- Robinson!, ward, 19 Dexaer Road, stating that all the property owners Rd. oil Robinson Road would like to have water installed on Water that road. Req. The Clerk was instructed to advise Mrs. Woodward of the procedure required for the installation of a water main. A letter was received from the Boston Edison Company relative to street lamp damage on Halloween. The communication stated that the company would appreciate Boston the Selectmen bringing this subject to the attention Edison -tlr1s sa'=394z4.4&—thc att of the police. Co. The Clerk was instructed to acknowledge the letter Street and advise the Boston Edison Company that their Lamp communication would be referred to the police department.Damage Mr. DeFoe retired at 8:4.5 p.m. , and Mr. Macbeth, Hallo- acting Town Accountant, appeared before the Board. ween Mr. Rowse asked if the work in the Accounting Department was behind. IIMr. Maeheth stated that there was some work to be done on the cash book and postings on the retirement. He said that Mr. MoMenimem from the State had told the girls in his department that in most cases they were ahead of other Towns, with the exception of the cash book. Mr. Macbeth stated that the Accounting Department has in the past made up one original and three copies Time of departmental budget sheets. Each department would Saving then fill in the amounts estimated for the coming year System and the Selectmen's Office would then type up six copies Budgets for the Board of Selectmen and the Accounting Department would type nine copies for the Appropriation Committee. He recommended that his department cut stencils and run the twenty copies off at one time and then have each department fill in their estimates on the twenty copies. He stated that this procedure would cut the work down about 50 percent. The Board approved Mr. Macbeth's suggestion. Mr. l1acbeth informed the Board that Mr. DeFoe, Cha Supt. of Public Works, has been holding up bills for over Chapter tor 90 ninety days on Chapter 90 work. He said that in the Short past the Town Treasurer has borrowed from the Term Lexington Trust Company on a short-term loan, but as 84 oc yet no action has been taken. He said that if the money is not obtained between now and December, the Town will lose out on the contribution from the State and County. Mr. Rowse asked what amount should be borrowed, and Mr. Macbeth replied that the Town should obtain a short-term loan of $1,000. Upon motion of Mr. Rowse, segonded by Mr. Locke, it was voted to request the Town Treasurer to obtain a loan in the amount of $1,000 for a period of six months for financing Chapter 90 maintenance. Mr. Macbeth asked what the Board's re-action would be to the possibility of increasing Miss Olson's salary. He said that he realized that she had only been here a short time, but he felt that she was worth more money. He stated that she was a graduate of Chandler, a good stenographer and typist. He informed the Board that her position is set up for $25 a week and Mrs. Arner' s position is set up for $29.30 . The Chairman asked if Mr. Macbethwas recommending that both girls be paid the amount set up in the budget, and Mr. Macbeth replied in the affirmative. Mr. Rowse asked how much training Mrs. Arner has had,and Mr. Macbeth said she has had nine years! experience. He said that the girls were carrying the office alone, during the day, and the work is almost caught up and more up-to-date than it has been for several months. The Chairman said that the Board would discuss the subject. Mr. Macbeth retired at 9:10 p.m. Mr. Paxton moved that the salaries of the two girls be figured at their present rates, plus 120 and then Increase add an amount to bring them up to the figures in the Salaries budgets. The motion was not seconded, and, therefore, Girls in lost . Town Acct. Mr. Rowse recommended that the salaries be Office increased to the amount set up in the budget, i.et , $25 and $29.30 and then they would automatically receive the 12 $ increase , the 120 will then be on their old salaries up to September 6, 1946. Mr. Locke said he was in favor of increasing the salaktes tothe amount set up in the budget and them adding the 12i% increase. Upon motion of Mr. Rowse, seconded by Mr. Sarano, it was voted to increase Mrs. Arner's salary from $25 a week to $29.30 a week, plus 12 %,effective Nov- ember 7, 1946 and to increase Miss Olson' s salary from $20 a week to $25 a week, plus 120, effective November 7, 1946. 85 A letter was received from the "Bradford for Governor" committee requesting a permit for the rise of a sound truck on behalf of the candidacy of Robert F. Bradford for Deny Governor within the limits of Lexington within the Sound dates of October 26 to November 5. Truck Mr. Rowse moved that the request be denied. Mr. Permit Sarano seconded the motion, and it was so voted. A letter was received from Mr. Daniel A. Lynch, Town Counsel, relative to the Town of Lexington vs. the Estate of Elizabeth Latter. Mrs. Latter was the beneficiary of substantial payments made by the Town of Lexington Board of Public Welfare and as of the date Lexington of her death, the Town had expended for her support ve. Eliza- the amount of $4,931.09. Since her death the beth Latter Charlestown Five Cent Savings Bank, holders of a mortgage on her property at 147 Woburn Street started foreclosure proceedings. Mr. Lynch stated that he and Mr. Burke, Counsel for the Estate of Elizabeth Latter finally prevailed upon the Charlestown Five Cent Savings Bank to suspend foreclosure proceedings until such time as an effort was madd to sell the property in an open market. The highest bidder offered $5,100 . Rather than declare the estate insolvent and face the possibility of the bank renewing foreclosure proceedings, Mr. Lynch recommended that the Selectmen authorize him to discharge the attachment now on the property, arrange for the sale in the amount of 5,000, and compromise the Town' s claim for the amount remaining after payment of the amount due the Charlestown Five Cent Savings Bank, plus attorney's and executor' s fees. Mr. Rowse moved that Mr. Lynch be authorized to proceed with the settlement as outlined in his letter. Mr. Locke seconded the motion, and it was so- voted. A letter was received from Rev. William J. Desmond So-called stating that he has no objection to the project of the Adams veterans on the so-called Adams School property. Sdhool The Clerk informed the Board that no reply on the subject had been received from Mr. Brayton. Mr. Rowse retired and telephoned Mr. Brayton who informed him that the Fallen Church Society is no longer interested in purchasing the property and said that the pcapexLy «uu fluid that the Board would receive a letter to this effect. A letter was received from the Town Counsel Legal Op. reporting on a conference he had with Commissioner Payment ' Long in the State House concerning the votes taken Of at the special Town Meeting on October 7 on Articles Salaries 7 and 11. Disapproved By Com. Long 86 Mr. Lynch said that in his opinion the statute under which the Commissioner proposes, to act does not give him authority to approve or disapprove the action taken at the Town Meeting. He further stated that the action in his 1pinion was legal and the money so voted can b e transferred forthwith. Mr. Long stated, and permitted himself tope quoted, that if the Town follows Mr. Lynch's interpretaion of the Statute and the Town Accountant approves payment of salaries on the increased wage scale, he will do nothing about it. Commissioner Long does not propose to inititate any litigation on the matter. Upon motion of Mr. Locke, seconded by Mr. Paxton, it was voted to put through the salary adjustment of 12i% on the warrant to be signed November 4, 1946 and to so advise Mr. James J. Carroll, Town Treasurer. Selling & The Chairman reminded the Board that some vote should Conveying be passed relative to selling and conveying the ten-foot Strip of strip of land being a part of the Publica1Works property to Land on Wallace Weisinger. The Board was authorized by vote of Bedford the Special Town Meeting held October 7, 1946 to sell and Street convey this land. Upon motion of Mr. Paxton, seconded by Mr. Rowse, it was voted to sell and -convey for the sum of $125, plus $2. 50 recording fee, a rectangular strip of land ten feet wide beginning at a point in the northeasterly sideline of Bedford Street thence northeasterly distant 168 3 feet to a point, thence northwesterly distant about 1684feet to a point in the northeasterly sideline of Bedford Street thence southeasterly distant 10.00 feet to the point of beginning, containing about 1680 square feet, all as shown on a plan entitled, "Plan of Land in Lexington, Mass. Scale 1 in. = 40 Ft. Oct. 22, 1946 John T. Cosgrove, Town Engineer. Purchase The Chairman reminded the Board that some vote should Strip be passed relative to purchasing a triangular strip of land of Land containing an area of about 440 square feet, beginning at From Follen a point of Massachusetts Avenue at the intersection of the Church Follen Church property to the Follen Church Society. The Board was authorized by a vote of the Special Town Meeting, held October 7, 1946 to purchase or enter into an agree- ment to purchase this property. Upon motion of Mr. Rowse, seconded by Mr. Sarano, it was voted to purchase or enter into an, agreement to 87 a purchasetriangular stripof land beginning at a point g in the easterly sideline of Massachusetts Avenue thence easterly-distant 161.30 feet to a point, thence northerly distant 5. 50 to a point, thence westerly distant about 161 feet to the point of beginning, containing about 440 square feet , all as shown on a plan entitled, "Plan of Land in Lexington, Mass. Scale 1 in. = 20 Ft. Oct. 14, 1946 John T. Cosgrove, Town Engineer. " At 9.30 p.m. Mr. Charles McLaughlin of the Custom Custom Built Homes, Inc . appeared before the Board. Built The Chairman stated that the Board was disturbed Homes because of rumors that the completion of the houses in the Spring Street development were being held up purposely. Mr. McLaughlin stated that just as soon as they have the water they intend to put the gravel in and keep the roads open. Sarano inquired about the drainage and Mr. McLaughlin stated that it would be put in just as soon as they had water. Mr. Rowse asked about the completion of the houses. Mr. McLaughlin replied that they have started fifty and will have fifty more started by the first of the year. However, before they begin construction on the second fifty, the first group will have been finished . He said that they had ran into difficulty in obtaining shingles and clap- boards. The Chairman asked if Mr. McLaughlin had flooring and he replied in the affirmative. Mr. McLaughlin stated that he has approximately $350 ,000 tied up in this development on which he is paying interest. He said it would not pay him to hold up on the construction of the houses. Mr. McLaughlin retired at 9 55 P.m. Upon motion of Mr. Rowse, seconded by Mr. Locke , it Approve was voted to approve and sign the plait submitted by the & Sigg Custom Built Home, Inc. entitled, "Subdivision Plan of P18t Part of the Cutler Farm Lexington, Mass. Scale 1 in.= 100 Ft.CtiStom,i Sept. 23 , 1946, Fred A. Joyce, Surveyor, Belmont, Mass. " Built The Board also voted to approve and sign plans and Homes, profiles entitled as follows. Inc. "Plan and Profile, Woodcliffe Rd. , Lexington,Mass. Hor. Scale 1 in.= 40 Ft. Ver. Scale 1 in.= 6 Ft. , Oct. 7, 1946, Fred A. Joyce, Surveyor, Belmont , Mass. " (Sheet 1 of 3 ) "Plan and Profile, Munroe Rd. Ext . , Lexington, Mass. , Hor. Scale 1 in. = 40 Ft. Ver. Scale 1 in.= 6 Ft. , Oct. 7, ' 1946, Fred A. Jpyce, Surveyor, Belmont , Mass. " (Sheet 2 of 2 ) Plan and Profile, Normandy Rd. , Lexington, Mass. , Hor. Scale 1 in. = 6 Ft. , Oct. 7, 1946, Fred A. Joyce, Durveyor, Belmont, Mass. " (Sheet 1 of 2) " Plan and Profile , Normandy Rd. , Lexington, Mass. , Hor. Scale 1 in.= 40 Ft. Ver. Scale 1 in. =,6 Ft. , Oct. 7, 1946,Fred A. Joyce , Surveyor, Belmont, Mass. " ( Sheet 2 of 2) "Plan and Profile, Woodcliffe Rd. , Lexington, Mass. , Hor. Scale 1 in.= 40 Ft. Ver. Scale 1 in.= 6 Ft. , Oct. 7, 1946, Fred A. Joyce, Surveyor, Belmont, Mass. " (Sheet 3 of 3 ) " Plan and Profile, Woodcliffe Rd. , Lexington, Mass. , Hor. Scale 1 in.-40 Ft. Ver. Scale 1 in.= 6 Ft. , Oct. 7, 1946, Fred A. Joyce, Surveyor, Belmont, Mass. " (Sheet 2 of 3 ) "Plan and Profile, Underwood Ave. Ext. , Lexington, Mass. , Hor. Scale 1 in. = 40 Ft. Ver. Scale 1 in.= 6 Ft. Oct. 7, 1946, Fred A. Joyce , Surveyor, Belmont , Mass. " (Sheet 2 of 2) "Plan and Profile, Hudson Rd. Ext. , Lexington, Mass. , Hor Scale 1 in. = 40 Ft. Ver. Scale 1 in.= 6 Ft. , Oct. 7, 1946, Fred A. Joyce, Surveyor, Belmont , Mass. " Mr. McLaughlin' s Bond in the amount of $26,000 and Agreeffient were also approved and signed by the Board. Upon motion of Mr. Locke, seconded by Mr. Sarano, it was voted to approve and sign Subdividion Plat entitled "Plan and Profile of Castle Road, Lexington, Mass . Scales, Hor. 1"= 11.0 ' Aug. 28, 1946. Albert A. Miller, Wilbur C. Nylander, Civil Eng rs. & Surveyors, Lexington, Mass. " Bond in the amount of $$3 ,000 and agreement were also signed. Public hearing on this subdivision was held on August 28, 1946. The Chairman read a letter from the Chief of Police submitting for the Board' s approval the names of Robert W. Brant, 89 Bedford Street and Edmund B. Morelli, 611 Massachusetts Pal►rolman Avenue for appointments as patrolmen in the police department Lex. Pol- pending the establishraent of an eligible list . ice Dpt. The Chief recommended the date of employment to be effective November 18, 1946. 89 Mr. Rowse moved that the two individuals be appointed temporary patrolmen in the Lexington Police Department pending the establishment of an eligible list from the Civil_Service List , date of employment to be as of November 18, 1946. Mr. Paxton seconded the motion, and it was so voted. letter was received from Mr. Daniel A. Lynch, Town Counsel, relative to the continuance of the so- called Stevens Gravel Pit on Utica Street. Mr. Lynch Legal Op. stated that in his opinion the curtailment of On Use Of operation in the gravel pit from 1938 to 1941 and the Stevens cessation or suspension of such business from 1941 Gravel to 1945 does not as a matter of law amount to an Pit abandonment of the right to use the property as a gravel pit. Mr. Rowse moved that the petitioners be advised of Mr. Lynch' s opinion. Mr. Sarano seconded the motion, and it was so voted. The Chairman informed the Board that Clarence Walker, Treasurer of the Lexington Trust Company, had called him regarding the petition and he wanted to know what the Board intended to do. The Chairman wanted to know whether or not the Board would authorize him to advise Mr. Walker of Mr. Lynch' s opinion. The Board had no objections, and it was decided to make a verbal report to Mr. Walker. A letter was received from Mr. Gordon Richards Subdivision declining the appointment to serve on the committee Poor Farm appointed relative to the subdivision of the poor farm Tract tract into lots for veterans. The Qhairman said that he did not believe Mr. Richards understood just what it is that the Board wants the committee to do. Mr. Paxton suggested that the committee be invited to meet with the Board of Selectmen next Monday evening. A letter was received from the Secretary of the Deny Use Lexington Youth Committee requesting the use of a con- Of ference room in Cary Memorial Building on the afternoon Con- of the second 'Tuesday of each month for a meeting of ference the Youth Committee and officers. Room The Clerk was instructed to advise the committee that the Board of Selectmen does not feel that it is possible to grant this request inasmuch as the conference room is in almost constant use. 90 o 1 Application was received from the Lexington Athletic Booster Club for permission to use Cary Hall on the evening of December 10, 1946, from 7:45 p.m. to 11 :00 BOosters p.m. Use of Hall Mr. Sarano moved that the use of the hall be granted, free of charge. Mr. Rowse seconded the motion, and it was so voted. Application was received from the New England Recreational Coy.ncil requesting the use of a conference room on the afternoon of November 7, 19464 from 1:00 p.m. to 3 :00 p.m. for a meeting. Use Of Mr. Sarano moved that the use of the hall be granted, Room free of charge . Mr. Rowse seconded the motion, and it was so voted. Application was received from the Veterans of Foreign Wars of the United States requesting the use of a con- ference room and Estabrook Hall on the evening of November 20, 1946, from 8 :00 p.m. to 11:00 p..m. Mr. Rowse moved that the use of the hall be granted free of charge. Mr. Sarano seconded the motion, and it was so voted. Application was also received from the V. F. W. Grant V.F.W. requesting the use of the conference room on the evening use of of November 6, 1946 for an Auxiliary Meeting from 8 :00 p.m. Confl to 10 :30 p.m. Room Mr. Rowse moved that the use be granted free of charge. Mr. Sarano seconded the motion, and it was so voted. The Clerk informed the Board that the officers of the Use of 4 H Club would like to meet in the Selectmen' s Room on the Selectmen' s evening of November 6, 1946. Room Mr. Rowse moved that the use of the room be granted free of charge . Mr. Paxton seconded the motion, and it was so voted. Grant The Clerk informed the Board that Mrs. Thomas had Community requested permission on behalf of the Community Chest to Chest Ther- erect a thermometer on the lawn in front of the Cary memeter Memorial Building to be used during the present drive. On Cary Lawn Mr. Rowse moved that the Community Chest be granted permission to erect a thermometer on the Cary lawn. Mr. Sarano seconded the motion, and it was so voted. The Chairman informed the Board that there is nothing in the Selectmen' s records to substantiate Mr. Lidberg's claim that a previous Board of Selectmen had agreed to install a water main for him. The Chairman said, however, that the Lidberg' s were the only people who did not sue the Town at the time property was taken in that vicinity 91 for the North Lexington Sewer. The Chairman asked if the Board would be willing to go along on a fifty-fifty basis with Mr. Lidberg. Mr. Rowse asked how much the abatement would amount to, and the Chairman replied approximately $800; Upon motion of Mr. Sarano, seconded bz, Mr. Paxton, it was voted to advise Mr. Lidberg that the Selectmen would recommend the installation of a water main; said main to be installed in 1947, and that an abatement of the assessment would be made in the amount of 50%. Mr. Rowse reported to the Board that he had talked with Jasper A. Lane and learned that Mr. Lane works for the bank from 9:00 p.m. to 4 00 p.m. , but he maintains Insur- an office and a secretary for his insurance business. ance He goes into his insurance office before reporting to Jasper the bank, at noon and at 4 00 in the afternoon. Lane Inasmuch as he does actually carry on an insurance business, the Board felt that he was entitled to some of the Town's business. The Clerk was instructed to advise Mr. Lane that the Selectmen have given further consideration to his request for insurance and following a report of the appraisal now being made the Boafd would allocate a share of the Town's business to him. The Clerk was also instructed to write the same letter to Leslie Bull. Mr. Paxton said that he thought the Board should take some definite action on the recommendations submitted by Mr. Macbeth, Acting Town Accountant, pertaining to certain tima-saving changes in the Accounting Department. Adopt Mr. Paxton moved that Mr. Macbeth's recommendations Time- pertaining to certain time-saving changes in the Saving Accounting System be approved with the understanding Changes that all of the changes were not in violation of the Acct'ng State system of Accounting. Mr. Rowse seconded the Debit. motion, and it was so voted. The Chairman informed the Board that no vote had Salaries actually been taken relative to the salaries of the Of Hourly hourly employees in the Public Works and Cemetery Depart- Empl-y- ments. ees Mr. Rowse moved that the adjustments proposed on Pub. Wks August 19, 1946 be approved, effective as of September Cemetery 6, 1946. Mr. Sarano seconded the motion, and it was so voted. A true record, Attest: J! Clerk