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HomeMy WebLinkAbout1947-10-2734 Geo. Sheldon and J. H. DeFoe re Goodwin Road SELECTMEN'S MEETING October 27, 1947 The regular meeting of the Board of Selectmen_ was held in the Selectmen's Room on Monday evening, October 27, 1947, at 7:30 P.M. There were present: Chairman Paxton, Messrs. Locke, Emery, Gay and Driscoll. At 7:30 P.M. Mr. Joseph H. DeFoe, Sup't. of Public Works, and Mr. George C. Sheldon, President of the Lexington Taxpayer's Association, met with the Board. The Chairman, addressing Mr. DeFoe, said that the Board would like a report on Goodwin Road. Mr. DeFoe presented every member of the Board a copy of the following. GOODWIN ROAD Cost to Abutters - Trucking Grader Roller Stone Spreader Peastone 13.2 Gravel 76 5/8" Stone33.3 R. C. 1 700 M. C. 3 800 Labor 18 hrs. 4 hrs. 5, hrs. 1 hr. 5 Tons Tons Tons Gals. Gals. October 13, 14, and 18, 1947 @ 4.00 72.00 @ 7.50 P.00 @ 5.00 25.00 $ 129.00 @ 2.00 2.00 @ 1.00 13.25 @ .50 38.00 @ 1.50 49.95 @ .126 88.20 $ 290.20 @ .126100.80 37 hrs. @ 2.00 74.00 74.00 $ 493.20 Mr. Sheldon informed the Board that Mr. Frank L. Stevens is not a representative of the Tax- payer's Ass'n. The Chairman stated that an error has been made and there is nothing the Board can do about it. He said it is certainly not as serious as some of the citizens would lead other citizens to believe. Mr. Sheldon stated that as far as he is concerned and as long as he has anything to do with the Taxpayer's Association there will be no "Digging $:L+ 1 35 up dirt". The Chairman said that errors in judge- ment have been committed in the past and basically there is nothing wrong with the government of this town. Mr. Sheldon stated that he has no sympathy with what Mr. Stevens is doing. He said he thought everyone appreciates the good job this Board and all the other Boards of the Town are doing. He staid he thinks nothing can be gained by being petty. He said he wanted legitimate facts and thought the Association could be helpful. Mr. Sheldon stated that anything that Mr. Stevens does he is doing for Mr. Stevens and not for the Taxpayer's Association. The Chairman asked if Mr. Sheldon had any questions pertaining to the report submitted asto the cost of Goodwin Road. Mr. Sheldon suggested that it might be well for the Board to write him a letter stating that the costs itemized represent the entire cost of the job, and that they will be charged to the property owners using Goodwin Road. He said he would like to read the letter at the Taxpayer's meeting to -morrow night. He said that if the Association has any legitimate concern it is that the town be protected and that the town bear none of the costs. He said that he would like to be able to say that the entire cost is to be paid by those con- cerned. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted that a letter be written to Mr. Sheldon as President of the Taxpayer's Association stating that the costs itemized and submitted by the Sup't. of Public Works, represent the entire cost of the job and will be charged -to the property owners using Goodwin Road. Mr. Emery asked Mr. DeFoe if he had checked these figures right down to the last possible cent. Mr. Defoe replied in the affirmative. Mr. Emery asked if he had any doubts at all in his mind as to whether or not all the labor is included. Mr. DeFoe replied that it is all there. Mr. Driscoll asked what the regular rental charge is and Mr. DeFoe replied that it is 0.00 to ourselves. Mr. Gay asked if herwere sure that the grader was only on this job four hours. Mr. DeFoe said that positively that is the whole time to the job and back. Mr. Sheldon asked if it was the policy to rent equipment. The Chairman said that the unit most people wanted to rent was the grader and the grader was ten or eleven years old. He said the real readon for renting equipment was to scrape back streets that are in bad shape. He said that this made it easier when it came time to plow. He stated that the Board had -_ J 36 Vote not to rent Town Equip. a request from Rangeway Street. They dumped some gravel there and wanted to smooth it over. He said the Board decided to rent them the use of the bull- dozer. He said that when the town purchased the new grader the Board discussed it and said that it was going to make it easier to do some of these streets, and unfortunately the first stheet the grader was used on was Goodwin Road. Mr. Sheldon asked if town equip- ment could or could not be rented. Mr. Locke stated that the Board has not rescinded the action of a former Board. He said that whether the action of a former Board binds this Board may be open for question. Mr. Driscoll asked if there was any reason why the town should rent equipment now. The Chairman replied that every so often the Board receives a request to scrape a street. Mr. Driscoll stated that he did not think it was fair to contractors. He said he could see rent- ing equipment, during the war but he is not in favor of it now. Mr. Locke stated that usually the jobs through the years have been short jobs that are really too small to expect a man to bring in a private contractor. He said they are little jobs where a fellow wanted to smooth out a road and he thought it was a benefit to some of these streets. Mr. Emery asked if Mr. Sheldon was sure that he had no further questions. Mr. Sheldon replied he is satisfied;. He said that all the Taxpayer's Association can legitimately concern itself with is whether or not this job was properly charged. Mr. Emery asked if the charges were based on time or time and a half. Mr. DeFoe replied that he is figuring according to the rate set up by the Board when they decided to do Winter Street and Rangeway Road. He stated that they were charged at $2.00. Mr. Sheldon asked if the material was purchased by outside contractors and not taken from inventory. Mr. Paxton replied in the affir- mative and said that the town is paying for the material and then charging, for it. Mr. Sheldon retired at 7:55 P.M. Mr. Driscoll asked Mr. DeFoe if the figures presented this evening were his or those of Mr. Weisinger. Mr. DeFoe replied that he does not keep time. He said that he asked Mr. Weisinger if these figures were correct and Mr. Weisinger told him that they were to the best of his knowledge Mr. Gay said that if the Board is going to rent equipment to one it will have to rent to everyone. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted that no town equipment shall L S2 1 1 37 be rented for use on private property, private ways or unaccepted streets. Mr. DeFoe asked if he..were to be allowed to scrape Grant Street. The Chairman said that the town has accepted Grant Street and has made entry and it is all right to scrape it. Mr. DeFoe requested permission to place a contract with the Weather Advisers Inc. for weather forecasts from Novembdr 1, 1947, to May 1, 1948. He explained Weather that this is a weather bureau that would keep the town Forecasts advised as to the approach of storms. They will alert the town at all times and inform the town as to the type of storm. The Chairman said that when the town gets a weather report it is for Greater Boston and vicinity. He stated that Weather Adviser's Inc. had been in operation for about three years and they obtain the same information but break it down into zones and try to zone if for each particular municipality. He said that the percentage of success has been extremely high. Mr. Locke asked how the town would be advised and Mr. DeFoe said that they would telephone. Mr. Emery asked how much the service would cost and Mr. DeFoe said that the charge is $140.00 payable February first. The Chairman said that the Towns of Reading and Hudson used this service and at Hudson they believe it has saved them many more times the cost of the service. Mr. Emery asked if they offerred more than the Weather Bureau and Mr. DeFoe said that they keep the towns advised constantly. Mr. Driscoll asked if the Chair- man endorsed it and he said that he definitely did. Mr. Driscoll moved that the Sup't. of Public Works be authorized to enter into a contract with the Weather Adviser's Inc., for weather forecasts from November 1, 1947, to May 1, 1948, at a cost not to exceed $140. Mr. Gay seconded the motion, and it was so voted. Mr. DeFoe presented each member of the Board with a list estimating cast iron water pipe he will need for 1948. Mr. Gay asked if the water mains would be installed in the streets listed in 1948. Mr. DeFoe said he thought they should make a start on strengthening the system. He said that he thought he should be permitted to order pipe for 1948. 38 The Chairman said that they had no power, but if they are going to do any work next year the pipe may have to be ordered now. He said that he felt certain that the company would be glad to .cancel the order if the money is not made available. Mr. DeFoe said that the delivery will be in April or May of 1948. Mr. Driscoll felt that the order should be placed. Mr. Finery asked if the order could be plaeed and include a clause that the town would have the privilege of cancelling in April. The Chairman said that the order could be placed subject to the appropriation of money in March. Mr. DeFoe informed the Board that the company will not take an order with such'.a clause. Mr. Gay asked if Mr. DeFoe felt that conditions next spring will be so different that if the town does want to cancel, the company would refuse. Mr. DeFoe said that he couldn't see that unless something abnormal happens. Mr. Emery asked what would happed in the order were placed for pipe now and next March the money is not appropriated. Mr. DeFoe said that he would try to cancel the order. Mr. Emery replied that would not help any. He said he is sympathetic but it is illegal to order the pipe now. At this point Mr. Lynch arrived at the meeting. Mr. Gay asked if it would be worth while to lay this aside for another week and for Mr. DeFow to find out whether or not a cancellation clause could be put in the order. Mr. DeFoe agreed. The Chairman suggested that he ask if the pipe concern will consider including a clause in the order whereby the pipe may be purchased subject to the approval of the annual appropriations. At 8:25 P.M. Mr. F. K. Johnson met with the Board. Mr. Johnson said that he wanted to know about eliminat- ing the sidewalk in the front of his building. He said he would like to have a slope where the sidewalk is now located so that customers can drive in and out. He presented a plot plan and explained to the Board what he proposed to do. The Chairman asked if he wanted a complete ramp and he replied in the affirmative. The Chairman said that speaking for himself he thinks it is dangerous to have a wide ramp in front of garages and filling stations. He said that there is the problem of considering the pedestrian walking along the sidewalk and the problem of people going into the filling station. Where you have outside ramps you have no protection for the pedestrian. Mr. Johnson said that he has the problem of disposAl of his snow this winter. He said he used to pile it on the area where the fire station is now located. The Chairman said that it seemed to him that with the fire station in that location the town will have to do something about lifting the snow. Mr. Emery asked if the Board would have to approve any changes in the sidewalk and the Chairman said he thought it would. He said that probably Mr. Lynch could advise them. Mr. Lynch said that he thought a permit would have to obtained to make any change and the change would have to be done at the owner's expense. The Chair- man said that he thought from the town's point of view it would be wise to keep the driveway entrance as narrow as possible and still allow the owner to carry on a decent business. He said that the Gulf Oil Company has architects on filling stations and he thought that they might be willing to come out and discuss the problem with Mr. Johnson inasmuch as he is one of their customers. Mr. Johnson replied that the Gulf people had been after him for years to try to open this up however, he would be glad to check with them and obtain further information. He retired at 8:40 P.M. Mr. Pasquale Luongo and Mr. G. H. Luongo met with the Board. The Chairman said that the town wanted to put a water line through from the end of Buckman Drive through the Monroe property to Moreland Avenue, and the Board wants Mr. Luongo to understand exactly what the town wants. The Chairman presented a sketch of Buck- man Drive and explained to Mr. Luongo where the water main wouldbe located. He said the Board wanted to carry the water main right through on a straight line to Moreland Avenue and they would like a fifty foot ease- ment. He stated that this would mean that Mr. Luongo cannot construct any building on this land at a11. It will take part of Lot 12 and part of Lot 11. The Chair- man said that as far as the Selectmen are concerned from now on they only have a water easement through there. Mr. Luongo can continue to use the land for farming but he cannot build. He stated that the reason the Selectmen would like a fifty foot easement and does not want any houses built is because some time -'in the future, he didn't know when, it hlgYht be necessary to construct a 39 F.K. Johnson re ramp at garage Luongo re Easement on Buck- man Dr. 40 street. If it is necessary the town would not want a building located where the street might be aOa-,_ strutted. Mr. Pasquale Luongo said that he put in quite a lot of money into this lot of land and it will not be any good to him. He said that he will not refuse the town the right to have the pipe go through. He asked what he could do with the lot of land. The Chairman replied that it would only be good for farm- ing. He said that if and when the street ever goes through the town will have to get another easement ffom Mr. Luongo for highway purposes. The easement be±ng discussed tonight is for water purposes only. Mr. Lynch explained that the easement will give the town the right to go in, dig up the pipe, and repair at any time, and that Mr. Luongo can do nothing with the land that would interfere with the town going in. Mr. Luongo asked if the town would take care of any damage to the crops. The Chairman explained that the installation would be made at a time when there are no crops planted. The Chairman asked if Mr. Luongo had any objection to the easement and he replied in the negative. He asked Mr. Luongo if he wanted any reimbursement for the land. He said the Board wanted Mr. Luongo to be satisfied. Mr. Luongo replied that if he asked for payment he would be an enemy of the Town of Lexington. Mr. Emery asked what the land was assessed for and. Mr. Luongo replied thatit was mostly farm land. He said that he had a little over an acre that cost A20 or $21. Mr. Emery asked how much land the town intends to take and Mr. DeFoe replied a little less than half an acre. Mr. Luongo said that he would certainly give the Town of Lexington the right to go through the land and as long as he can help the Town he will do so. Mr. Lynch asked if Mr. Luongo under- stood that he will have to sign a paper that is to be recorded at the Registry of Deeds. He said that he understood that and it is all right with him. He in- formed the Board that Lot 110 cost him $485. The Chairman explained to Mr. Luongo that the Town Counsel will prepare the proper papers for signatures and that the Supt. of Public Works will make certain that the loam will be replaced after the pipe has been laid. The Luongos retired at 8:55 P.M. Mr. Emery said that he thought Mr. Luongo should receive at least $100 for the easement. Mr. Driscoll said that he would go along with it. Mr. 41 Locke said that some day the town may have to buy the land because of the damage to the two lots. Mr. Emery said that Mr. Luongo has been very co- operative and his land will be impaired. It is no longer a house lot. Mr. Locke asked what the money would be charged to and the Chairman replied that it would be charged against water construction. The Board was unanimously in favor of paying Mr. Luongo $100. Mr. Lynch stated that he would put the con- sideration in the deed. Mr. Lynch said that he wanted to tell the Board one thing. At 7:30 this evening he found out why, for the first time, that the Chairman was so mad. He said he wished he had known a week ago. It would Mr. Lynch have saved a lot of grief. He said that he has Goodwin heard around the town a lot of stories and most of Road them he discounts. The Chairman said that he probably said them. Mr. Teynch said that tonight he found out why and he doesn't blame the Chairman. He said that if the Board met with him a week ago this would have been straightened out. He said that nothing done on Goodwin Road was illegal, improper or unfair in any way to the. Town of Lexington. He said going back to the history of the thing, it all came about in a very simple way. Mr. Lynch said that before he came to Goodwin Road there was some agitation for years to have something done on the road. The neighbors would not co-operate. He said that Mr. Pearson contacted him and Mr. Pearson was the only person he knew. He said they held a meeting of the group to decide what could be done. At that time their emissary was Mr. Spencer. He was going to have Mr. Paxton, then Sup't. of Public Works, come up. In all probability, however, Mr. Spencer probably never spoke. to him. The thing petered out and nothing was done. Mr. Lynch said that he was driving down Goodwin Road when the Town was doing Hancock Street and he met Wally Wessinger. Mr. Lynch mentioned to Mr. Weisinger that he would like to have something done on Goodwin Road. Mr. Weisinger said that if the town agreed he could do it. Mr. Lynch said he felt that he should go to the head of the department and so he went to Mr. DeFoe and told him of the conversation with Mr. Wessinger. He said he told Mr. DeFoe that Mr. Weisinger would do the work after hours. He said he also told Mr. 42 DeFoe that he was going to speak to the Board and Mr. DeFoe acid that it ways all right. Mr. Lynch said that the only thing he wanted was to rent the equipment. He said he did not know what they were going to do or how they were going to do it. He said after a meeting one Saturday morning, at which time the warrant was dis- cussed, he told the Board about meeting Meisinger and talking to Haim and Mr. DeFoe and asked if he could rent the equipment. He said that the Chairman replied that he would prefer to do it as a private contractor and make some money on it, but under the existing conditions it was o.k. with him. Mr. Lynch stated that Mr. Locke and Mr. Emery both stated that it was o.k,. NIr. Lynch sai0d that is all the conversation and nothing else was mentioned. He said that he heard tonight that he told Mr. DeFoe that he spoke to the Board and said that it was all right to put asphalt on Goodwin Road. Mr.^Lyslch stated that he did not mention asphalt to the Board. He said this was the first time he heard the work asphalt and it was not important to him. He said that on,Sepb- ember 23d he told Mr. DeFoe that he would have to tell the abutters just what he thought we should do on that road. Mr. Lynch said that up until that time he did not know and did not care. Mr. DeFoe told him that he should scrape: the surface, put on some crushed bank gravel, a shot of asphalt, 30 lbs. of pea stone to the square yard, roll, put on more asphalt and roll it again. Mr. Lynch said that night he and Fred Spencer saw the abutters and informed them as to what they were going to do. Everyone was pleased. He said that he had an estimate of between $300 and ?400. Up to $350 each abutter was to pay $50. There are eleven abutters and they decided it would not be fair to ask Mrs. Gallagher, a widow, to contribute. They also eliminated Mr. Harry Stone, and Mr. Fred Spender's daughter and son-in-law who own some land up there but never use it. They also left out the woman living in Cambridge who owns some land there. Anything over $350 Mr. Ball and Mr. Lynch would share. Beyond that they would all pay one seventh ( 1/7). Mr. Lynch said he did not know then, nor did he know until after the job was in that asphalt was important. He said that they did .thecbulk of the work on the holiday, October 13th. He said they put it in, rolled it, and then came back the next morning, how early he doesn't know. He said they put on something that ldoked like sand and they did not roll it but left it mushy for three or four days. On Saturday they came up and did 1 43 the reit of it. Mr. Lynch said that Mr. Spencer suggested peastone and Mr. Lynch called Mr. DeFoe and told him. Mr. DeFoe said that it was not always available but he would see what he could do. tir. Lynch said that up to this point he thought every thing was harmonious. He said that no one was getting any graft and no one is trying to put anything over on anyone. It was not going to cost the town anything. The Chairman said that on Sat- urday morning they gave permission for the use of the equipment. Mr. Lynch stated that was correct and that was all. The Chairman said it was for the rental of equipment to scrape the road. He said that he does not recall anything about asphalt. The Chairman said that based on the story just told there was going to be one scape-goat, - Weisinger. He said he was not going to let him be a scape-goat. He is a worth while employee. He said that we cannot in this town let the laboring man take the responsibility. Mr. Lynch said that is why he went to Mr. DeFoe and to the Board. The Chairman stated that he has been associated with this town for a number of years and at no time has he had the least feeling about the dishonesty of any member of the Board of Selectmen and at no time has any one been able to point a finger at him. He said he feels very strongly that someone's job is in jeopardy ,and he feels that there is a misinterpretation of facts. The Chairman said to -morrow night the Board was going to the Taxpayer's Association meeting. Mr. Lynch said that if it is the pleasure of the Board he is willing to attend the meeting also. Mr. Lynch said that this has been a tough situation and one which he regrets very much. He said that if •he thought for one moment there would have been any talk about it he never would have had it done. The Chairman said that the responsibility would have to i.ay with the Board of Selectmen, the Town Counsel or the Sup't. of Public Works. He said it is not going to lie with the laborer. Mr. Lynch said that if the Taxpayer's knew what was done and it would help to have him go to the meeting, 'he would be very willing to go. The Chairman said he didn't know whether it would help or not and Mr. Lynch said that he would take the Board's judgment on that. Mr. Emery asked why oil was put on that road. Mr. DeFoe replied that the impression he got was that he could build the road. Mr. Driscoll said that if he had been in the same place and had been given permission to 44 rent equipment, he thought he would have done the street any way they wanted inasmuch as there were no restrictions mentioned. He said he could not under- stand why the town went into the business of renting equipment. The Chairman said there are times and under certain circumstances when rental of equipment to the citizens of the town is a definite asset to the town. The Chairman said that one of the things which dis- turbed him was the rumor that the labor cost was to be negligible because Lir. Lynch has done certain favors. Mr. Lynch stated that on September 22d Robert Ryder was in his office and he drove '_him out to Lexington. They veted together and then Mr. Lynch drove Mr. Ryder hole. Mr. Ryder told Mr. Lynch that he was going to have some work done on Simonds Road and Mr. Lynch told Mr. Ryder that he was going to have some work done on Goodwin Road. Mr. Lynch told Mr. Ryder that one of the men in the Public Works Department said that he could fix the road up and it would not cost much. It will be for the rental of the equipment and material only. The labor would be negligible. Mr. Lynch said that he would agree to no such thing. He said that when he obtained the figures he asked Mr. DeFoe if the labor figures were correct. Mr. DeFoe stated that he thought they meant the labor would be a small item. At 9:35 P.M. Mr. Frank L. Stevens and his attorney, Mr. George L. McLaughlin and Mr. Walter S. Baird, a member of the Taxpayer's Association, met with the Board. Mr. Stevens said that he did not see why Mr. Lynch slvuld be present. Mr. McLaughlin said that as far as he was concerned Mr. Lynch could be present. Mr. Stevens asked if he would have to have him at this meeting and Mr. McLaughlin said that if the Selectmen so desire. The Chairman said that the Board had no objection to Mr. Lynch being present. Mr. McLaughlin stated that he has been employed as Mt. Steven's attorney ever since he got out of law school. He said he wants the Board to know so clearly why he is here tonight that there will be no doubt about it. He said that thi situatio as far as he is concerned comeseehout �� � n ti4v;veluttittlatelthtttitemyes to who runs the people run the town. He stated that there are no the town. Selectmen who have the right to prevent a citizen from obtaining any records. This young lady refused to allow my client to see any records. If any such orders have been given they should be res6inded at once. They are completely contrary to the General Laws which say that they shall be examined at any time by any person. He stated that this law runs back to the Civil War. Mr. McLaughlin said that if it is a fact that the Clerk of the Board gives out no records without the permission of the Board, and the Board gave such an order, it is all wrong. He said that is has been decided by the Supreme Court from time to time that records should be made available. He said this is the first thing he wants straightened out. The Chairman said that this probably is not covered by General Laws or in any book of law but on the other hand there is a certain amount of courtesy that should be shown. Mr. Stevens said that he asked Mr. DeFoe for figures and Mr. DeFoe told him that the only way he could get the records was through Mr. Paxton. Mr. DeFoe said that he suggested that Mr. Stevens contact the Board. Mr. Stevens said that the Chairman told him he had the figures but was not entirely satisfied with them. The Chairman said he did not believe he said that. Mr. Stevens asked the Chairman if he said that he had the figures. The Chairman asked if he had anything in writing. Mr. Stevens, addressing Mr. Emery, asked him if he had said that he had the figures. Mr. Emery stated that as he recalls it he said that figures were not final. Mr. Stevens asked if Mr. Emery had seen the figures and Mr. Emery replied that he had seen one estimate of figures. Mr. Stevens asked if they were sent back for revision. Mr. Emery said they probably were. Mr. McLaughlin stated that he is not interested in Goodwin Road as Goodwin Road. He said that once an accomplished fact has taken place in the Town of Lexington, neither the Board of Selectmen nor any one else has the right to refuse to show:the figures. The Chairman suggested that this situation be looked at from a practical point of view. Mr. McLaughlin said that he could see no reason why anyone should delay in getting information. He said that he does know that if the members of the Board lives in town as Mr. Stevens does and they went to him for figures on something that was an accomplished fact, they could get them. Mr. Lynch said that the figures have to be computed and the hours obtained from the men. Mr. Stevens said that he intended to have Thompson Lichnor out and stated that the Board would Probably be embarrassed. The Chair- man informed Mr. Stevens that he could not embarrass him as he had nothing to hide. Mr. Stevens said that he wanted the figures on the material. Mr. DeFoe presented the bills to Mr. Stevens. Mr. Stevens said 45 Frank L. Stevens re Goodwin Road 46 he wanted the bills and these are only trucking slips. Mr. DeFoe said that he would have them to -morrow. Mr. Stevens asked the Board to instruct Mr. DeFoe to furnish him with the figures. Mr. McLaughlin said he would like a vote of the Board. The Board was unanimously in favor of having Mr. DeFoe show Mr. Stevens the invoices covering Goodwin Road. Mr. Stevens asked who delivered the asphalt and Mr. DeFoe informed him that it was delivered by H. H. Maguire, Inc. Mr. Stevens asked who estimates the jobs and Mr. DeFoe replied that his foreman was there when they "sticked" it. Mr. Stevens asked if that would be Mr. Weisinger and Mr. DeFoe replied in the affir- mative. Mr. Stevens asked who made the estimate of trucking and Mr. DeFoe replied that his foreman makes out the time. Mr. Stevens asked if the gravel and asphalt were included.in the 18 hours and Mr. DeFoe replied in the affirmative. Mr. Stevens said that there is a total of 13.25 tons and he further stated that it was hauled but spread in 18 hours. Mr. DeFoe said it was just dumped and the grader spread it out. Mr. Stevens asked if it were hauled in 1$ hours and Mr. DeFoe replied in the affirmative. Mr. Stevens asked if Mr. DeFoe estimated the size of the job and he replied in the affirmative. Mr. Stevens asked how many yards and Mr. DeFoe stated that there are approximately 1,150. Mr. Stevens said that there are a total of 1,750 yards. Mr. DeFoe said that was neither here nor there. He said that Mr. Stevens has the list of material used. Mr. Stevens said that was Mr. DeFoe's statement but that he didn't have to accept it. MIr. Stevens asked him if the street was completed and Mr. DeFoe replied that the crushed k ark gravel was dumped out of the tail -board, spread and rolled. Mr. Stevens asked how many days the grader was on the job. Mr. DeFoe replied "part of a day". Mr. Stevens asked if it was on the job one day and Mr. DeFoe replied that it was not on the job a whole day, only part of a day. Mr. Stevens said that the Taxpayer's Association had placed a citizen there who watched the job and their report does not check s.th this. Mr. Emery asked if the Board had a right to ask who the man was. Mr. Stevens said that he would have to ask the Taxpayer's Association. IVIr. Emery said that he would ask Mr. Steven's counsel if the Board had the right to ask who the man was. Mr. Baird said that he knew who the man was but he was not there watehing the job all the time. Mr. 1 47 McLaughlin Asked if he meant the man was there at the start of the grader and when it left. Mr. Baird replied that he knew approximately when the grader was there and approximately when it left. Mr. Stevens asked if the drains were taken care of with the grader. Mr. DeFoe stated that they did no drainage. Mr. Stevens said that he wanted to know if the grader was there one day or more than one day. Mr. DeFoe replied that the figures Mr. Stevens has had were turned in by the foreman. Mr. Stevens said the grader was there one day and Mr. DeFoe said it was there part of a day to his knowledge. Mr. Baird asked if the time taken was from the time the grader left the town building or from the time it was on the job. Mr. DeFoe said that it was charged for the entire job. Mr. Stevens asked what date the grader was on the job and Mr. DeFoe replied that it was a holiday, 0ct- tober /3th. Mr. Stevens asked what trucks were used and Mr. DeFoe replied that town trucks were used. Mr. Stevens asked how many trucks were used and Mr. DeFoe said he did not know. Mr. Stevens said that he would have a :stenographer at the town office building at 1:30 tomorrow and wanted the Board to instruct Mr. DeFoe to give him the records. The Chairman told the Supt. of Public Works to give Mr. Stevens the hours, trucks and all information pertaining to Goodwin Road. Mr. Stevens said that he wanted to know what time the trucks arrived at the job. Mr. DeFoe said that his foreman kept the hours and turned them in. He said his man does not put a clock on the job and he does not at this time remember what -trucks were used. Mr. Stevens asked if Mr. DeFoe had any idea how many trucks were used and Mr. DeFoe said probably four. Mr. Stevens said that he has tried for two weeks to get that information to which Mr. McLaughlin says he is entitled and he asked how he could get it. The Chairman said the Board has told Mr. DeFoe to give the information to him. Mr. Stevens asked how he could get the answers. The Chairman stated that the trucks records will shown him what he wants to know. Mr. McLaughlin said that this was most importaht because if the Selectmen are right they should be ready at any time to vindicate themselves with records at any time. He said that he thought that Mr. Lynch would want to be vindicated and the explanation given has not been satisfactory. Mr. Lynch said that Mr. Stevens 48 will have complete records to -morrow at 1:30. Mr. McLaughlin asked by what right the Board of Assessors refused information. Mr. Lynch said that the Selectmen had no control over the Board of Assessors and Mr. Mc- Laughlin knows it. Mr. McLaughlin -said that the Board could remove the Assessors. Mr. Lynch asked what in- formation Mr. Stevens was unable to obtain from the Assessors. Mr. Stevens said he asked to see the per- sonal property list and how many people paid a personal property tax. Mr. Gay stated that the book is on the desk. Mr. Stevens replied that was correct but he did Assessors not have any idea the information was in the back of the book. Mr. Baird asked if there had been any other jobs done by town equipment of a similar nature of Goodwin Road, since the vote of the Board of Selectmen pertain- ing to the rental of equipment in October of 1945. The Chairman replied in the negative. Mr. Stevens asked the Board if it would suprise them to know that there was one - the Lexington Golf Club. Mr. Baird asked if the Board would state definitely that there had been no other job. The Chairman said that he didn't recall any. Mr. DeFoe stated that there have been other rentals. Mr. Sevens asked if Miss Murray could copy the records for him and the Chairman replied in the affirmative. Mr. Stevens asked what permission he would have to get to send a testing agent to Goodwin Road. . Mr. McLaughlin• answered that it is a private way and he must obtain permission fromthe people on the road. Mr. Lynch informed Mr. Stevens that he could test the road in front of his house and on any other place. Mr. McLaughlin suggested that the Board of Selectmen pass some sort of a vote and see that every department has it so that this will not happen again. He said there should be no doubt what so ever as to the rights of any citizen of the town to get information. The Chairman asked if Mr. McLaughlin had any further questions. Mr. McLaughlin said that he is not interested in Goodwin Road but he was interested in a man living in town and not being able to get information. He said the Board should tell every department that whenever a cit- izen wants information he should be given all the in- formation he desires. Mr. Stevens said that the first figure he received was X350 and that he hoped that the Board would have the figures right and that Mr. Lynch would pay what he is entitled to pay. He stated that for the past ten years everything has been done under the counter and he thought withtiis Board things would be done different. The Chairman said that he has worked in this town from 1930 en and has lived here since 1912. Mr. Paxton said that ever since he has lived in this town he knows the members of the Boards have been good, honest men. Mr. Stevens said the members of this Board only knew what the Chairman wanted to tell them. Mr. McLaughlin said that the rates seem very low. Mr. Stevens asked if the work could be done for 33¢. Mr. DeFoe replied that according to the work the town does it is possible. He said that he has the utmost faith in his foreman and that there is not a better foreman around. Mr. Baird asked if this is a service that is going to be continued and how does one proceed from now on. The Chairman replied that there will be no more streets built this way. Mr. Baird asked if any other roads or streets have been done on this particular basis and the Chair- man replied not to his knowledge. Messrs. McLaughlin, Stevens and Baird retired at 10:40 P.M. Mr. DeFoe said that about a week ago the Board discussed the possibility of extending the water main in Maple Street to meet the water main already in providing it is legal. Mr. Lynch said that he does not think this can be done: It.can not be considered as an extra under the present contract and that there would have to be another contract. Mr. Emery suggested that new bids would have to be obtained. Mr. Lynch said that was correct. MR.-Ifa4k-staid-413at-was-4erraet. Mr. Emery asked if Mr. DeFoe could ask for new bids and Mr. DeFoe stated that there is so mach to be done it will be difficult to get specifications. The Chair- man asked how soon before the contractor (Shea) would be through. Mr. DeFoe stated that if he runs out of the ledge it will only take him until about Novem- ber .21,st. The Chairman asked if it would be possible ©r feasible to check with Miller and Nylander and re'-•- quest them to draw up some plans and get the necessary blue prints. He said that if the plans could be ready on next Monday Mr. DeFoe could advertise for bids to be opened two weeks later. Mr. DeFoe agreed to confer with Mr. Miller and report to the Board. Mr. Lynch retired at 11:00 P.M. 49 Extension of water main on Maple St. Mr. DeFoe informed the Board that he has had the State Engineer out to check the traffic lights at Waltham Street and Marrett Road, and at Waltham Traffic Signals Marrett Rd. and Wal- tham St. I j 50 Traffic Count Mass. Ave. & Waltham Streets Request trandfer to Road Machinery Account Postpone action on lighting on Mass. Ave. Street and Massachusetts Avenue. Mr. DeFoe explained that at the corner of Waltham Street and Marrett Road there is a green light which shows going both ways on Waltham Street, except when cars approach Marrett Road. On Marrett Road, on either side of Waltham Street, there is a signal and a green light turns to yellow and then the green light comes on from Marrett Road for a minimum of 12 beconds. If another car comes along the green light continues for a maximum of 25 seconds, goes back to yellow for 6 seconds, back to green on Waltham Street and stays green until another car approaches on either. side of Marrett Road. Waltham Street is the controlling street. The traffic engineer does not recommend a change in these signals. With reference to the junction of Waltham Street and Massachusetts Avenue the state engineer believes that it might be advisable to have..a red flashing light on Massachusetts Avenue. However, before this can be accomplished the state would require a two hour traffic count during the daytime to determine whether or not Massachusetts Avenue is the controlling street. Mr. Driscoll moved that the Supt. of Public Works be authorized to have a count made which will be referred to the state for their recommendations. Mr. Locke• seconded the motion and it was so voted. Mr. DeFoe informed the Board that Mr. Talker will not approve a transfer relative to the bills for gas- oline and oil outstanding in the Police and Welfare De;-- partments. He said he thought he would need $3,500 for Road Machinery Account for the rest of the year. Mr. DeFoe stated that he had 114,429 balance in the account, of which he has spent $13,633, with standing obligations of $2,054.78. The Chairman said that there is a deficit of approximately 1, 200. The fuel bill for the rest of the year will be 1,400; gas and oil $2,600; and on the basis of asking for 13,500 there will be abo t $900- left for parts. Mr. Locke moved that the App riation Committee be requested to transfer thavaum of $3,500 from the Reserve Fund to the Road Maid finery Account. Mr. Emery seconded the motion, and it was so voted. Mr. DeFoe said that he had checked with Frank Hitchcock of the Boston Edison Company with reference to the street light at the Minute Man market in East Lexington. It was decided not to take any action relative to the change in the lighting at this location until the survey of Massachusetts Avenue has been made. 0-4 1 51 Mr. DeFoe said that the Town Counsel has approved the Sundry Streets Sewer contract pending receipt of the insurance certificate. Upon motion Woburn St. of Mr. Locke, seconded by Mr. Emery, it was voted to sign the contracts with the understanding that they are to be retained until the insurance certificate has been received. Mr. DeFoe informed the Board that Mr. Theodore A. Custance called him and requested that the Ledgelawn Avenue sewer be constructed right away. He asked the Board whether he should do Woburn Street first or Ledgelawn Avenue. Mr. Hamilton, who owns a house on Ledgelawn Avenue, is going to move and will have to put in a cesspool. Mr. Driscoll asked Mr. DeFoe, what, in his opinion, should be done first. Mr. DeFoe said Woburn Street should be done before we have any snow. Mr. Driscoll moved that the Sup't. of Public Works be authorized to start the Woburn Street sewer installation prior to Ledgelawn Avenue. Mr. Locke seconded the motion, and it was so voted. Mr. DeFoe retired at 11:15 P.P. The Chairman read a letter from the V. F. W. Lex- ington Post #3007, offering $1.00 for the building known as the Central Fire Station on Merriam Street. The Post intends to move the building by way of Merriam Street to Massachusetts Avenue to Woburn Street, across the railroad tracks, to be located at #19 Hayes Lane. The time the building will be on the street has not been determined inasmuch as no con- tract has been made as .yet for removal. The Board felt that more detailed' information relative to the method by which the building is to be moved should be received. The Clerk was instructed to ask the organ- ization whether or not a recognized mover is to be employed, whether a proposal.has been obtained, how the mover plans to move the building, what length of time it will take to move tt from its present location and any other information pertinent to the subject. AA application for a Certificate of Incorporation was received on behalf of Prescott D. Crout, 5 Pine- wood Street. Satisfactory character reference was received from the Chief of Police. Mr. Locke moved that the certificate be signed. Mr. Gay seconded the motion, and it was so voted. Offer for Old Fire Station by V.F.W. Cert- ificate of In- corpora- tion Crout 52 Appointments to Recreation Committee Park Dep- artment to remove vines on Library Adv t . lots Balfour St. Use of Hall The Chairman read a letter from the Town Clerk informing the Board that the following appointments have been made to the Recreation Committee as authorized by the Annual Town Meeting in March. By the 1]oderator Mrs. Winthrop P. Potter By the School Committee Adolph W. Samborski Bertram P. Gustih By the Board of Selectmen Kenneth G. Packard Dr. Howard W. Foley A letter was received from Rev. Harold T. Handley, secretary of the Trustees of the Cary Memorial Lib- rary, requesting the assistance of the Park Department in removing the vines on the main library, which have been damaged by a scale. Mr. Driscoll moved that the Park Department be authorized to assist in the removal of the vines and that the matter be given immediate attentioh. Mr. Gay seconded the motion, and it was so voted. The Chairman read a letter from Maurice N. Gin- sler, 61 Park Drive, Boston, offering $25 each for Lots 486-491 on Balfour Street. Mr. Emery moved that the offer be advertised. Mr. Driscoll seconded the motion, and it was so voted. A letter was received from the Dual Parking Meter Company stating that they would like to have a rep- resentative demonstrate the Dual meters. No action was taken on the matter. An application was received from the Lexington Field and Garden Club requesting permission to conduct a meeting in Estabrook Hall on the evening of November 4th from 8:00 to 9:30 P.M. Mr. Gay moved that the use of the hall be granted free of charge. -3412,w4k4w3r4wwwwl e -1r 1714 -rite harp-b--trai 4- &e--a€-al . Mr. Emery seconded the motion, and it was so voted. An application was received from Lexington Post #3007 V. F. W. requesting permission to conduct a bus- iness meeting in Estabrook Hall on the evenings of November 5th and November 19th from 8:00 to 11:00 P.M. 1 Mr. Emery moved that these uses of the hall be grant- ed free of charge. Mr. Locke seconded the motion, and it was so voted. The Chairman read a letter from the Town Accountant stating that there is a discrepancy of pay between the salaries of the Police and Fire Departments. The Town Accountant stated that it takes a new patrolman to reach his maximum pay, two years beginning at 143.31 and reaching $54.37, whereas a new fireman reaches his maximum at the beginning of his second year, beginning at $49.21 and reaching $54.37. He stated that both actions are correct and in accordance with votes of the Board of Selectmen taken on January 20, 1945, which pertains to both departments, and on July 1, 1946, which pertains to the Fire Department exclus- ively. Upon motion of Mr. Locke, seconded by Mr. Emery, it was voted that in determining the 1948 budgets the Police Department should be figured on the same basis as the Fire Department; that is, be -- inning at $49.21 and reaching $54.37 within one year. The Chairman read a letter from the Town Treasurer relative to borrowing $25,000 and $22,000 for taking and purchasing of land for school purposes. Mr. Carroll stated in his letter that the Law provides the Treasurer will designate the number of years with the approval of the Selectmen, and it would appear to him that the Town will obtain a better rate under a ten year period rather than a twenty year period. Mr. Emery moved that the Town Treasurer be requested to obtain bids for a period of between 15 and 20 years. Mr. Driscoll seconded the motion, and it was so voted. The meeting adjourned at 12:20 P.M. A true record, Attest: 53 Police & Fire Depart'ms Salaries Equalized Cler Town Treas. re borrow- ing for land taking