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HomeMy WebLinkAbout1948-03-15299 SELECTMEN'S MEETING March 15, 1945 The regular meeting of the Board of Selectmen was held on Monday evening, March 15, 1948, in the Selectmen's Room. There were present: Messrs. Emery, Gay, Driscoll and Nickerson. In the absence of Mr. Paxton, Mr. Emery acted in the capacity of Chairman. The Clerk was also present. Price At 7:30 P.M. Mr. DeFoe met with the Board. He for requested permission to pay Hedge Mathies an additional Grader amount of $265.12 for the grader. He explained that at the time he placed the order for the grader the Board gave him permission to pay the price which he had for various items and which added up to a certain amount. He explained that he now finds that the contract should have contained an escalator clause. He stated that he received the price over the telephone and never did re- ceive a written quotation to confirm it. Mr. Emery said that as he understood it when this subject was discussed it was the understanding that the escalator clause was to be eliminated. Mr. DeFoe said that he was authorized to spend $10,464.74. Mr. Emery asked if Mr. DeFoe's understanding with the salesman was based on the letter from the Board authorizing the expenditure of a net amount. Mr. DeFoe said that all the salesman did was to quote him a prise over the telephone, and the salesman who sold the unit is no longer with Hedge Mathies Company. The Company claims that Mr. DeFoe should have been told about theescalator clause. He explained that Mr. Crosby, the manager, who is a resident of Lexington, told him that everything they sell includes the clause and it was unfortunate that it had not been confirmed in writing. Mr. Emery asked if the company had any- thing in writing from Mr. DeFoe and he replied that they have his order giving the price on the back. Mr. Gay asked if he placed an order using the price of $10,464.74 and Mr. DeFoe replied in the affirmative. Mr. Driscoll inquired as to where the money would come from and Mr. DeFoe assured the Board that he has sufficient funds. Mr. Driscoll asked if a motion was in order and Mr. Emery replied in the affirmative, uuu1ess the Board desired to wait for the Chairman.' Mr. Nickerson said 300 he did not believe there was much could be done about the escalator clause. Upon motion of Mr. Driscoll, se onded by Mr. Gay, it was voted to authorize th Sup't. of Public Works to pay the additional $ 265.12 for the grader. * Mr. DeFoe brought up the subject of. widening North Hancock Street and informed the Board that he does not see where any funds have been appro- priated and they cannot spare any money from the present Highway appropriation for this work. He said the proposed widening would cost about $2,500.00. Mr. Emery asked if the Superintendent was bringing this up of his own 'addition. Mr. DeFoe replied that the people in that area are after him again to have this work done and if it is to be done he will need an additional $2,500.00 in his budget. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to revise the Highway Maintenance budget and to increase the appropriation from $50,000 to $52,000., thereby providing funds for the proposed widening of North Hancock Street. Mr. DeFoe presented a plan of the proposed Widening widening of Waltham Street. Mr. Gay asked what No.Hancook the cost would be from Vine Brook Road to Forest Budget in- Street. Through an error the article in the creased article in the warrant specifies the widening only to Vine Brook Road. Mr. DeFoe said that it would cost $5,000. He informed the Board .that he discussed the matter with the Chairman to- day and that he thought with the large Highway Widening Department program it might not be possible to do Mass. this work during the next few months and that Ave. in the event of a special town meeting in the fall provisions may be made to widen the entire length to Vine Brook. Mr. Emery said he thought the meeting should be advised that the amount requested includes the entire length. Mr. DeFoe reported on the approximate number of parking meters which will be required for Parking Meters Lexington Center. He explained that there are *Mr. Emery explained to the Chairman the action taken before his arrival relative to the Sup't. of Piblic Works request for an additional $265.12 for the grader. The Chairman explained the purchases from Austen -Western and Mr. Driscoll withdrew his motion, authorizing the Superintendent to pay this additional amount. gad 114 parking spaces for parallel and*addi_tional spaces will be added making a total of 122 spaces. Mr. Emery said the question came up as to whether there was ever diagonal parking with parking meters and he has been advised that therecanbe. Mr. DeFoe informed the Board that diagonal parking could be used with parking meters. Mr. Emery asked if there were any questions and there were none. Mr. DeFoe informed the Board that to take care of the drainage on the town land excluding the property of F. K. Johnson the budget may be reduced by one half. The amount in the budget at the present time $s $6,000. Mr. Emery asked if $3,500 would be sufficient and Mr. DeFoe replied that he thought $3,000 would be enough. Mr. Emery asked if it would be safer to ask for $3,500 and Mr. DeFoe replied that it would be ample but he felt certain $3,000 would be enough. Mr. DeFoe informed the Board that he would like an additional amount for sewer laterals. The amount in the budget at the present time is $72,000. How- ever, since the budgets were prepared he has received signed applications for the installation of the sewer in Bertwell Road, Reed Street from Candlewick Close, Candlewick Close and 150 feet on Fuller Road. Petitions are out for signatures on Reed Street from Carley Road to Candlewick Close, Carley Road and Smythe Street. He said that altogether this brings the amount needed up to $79,910.00 which is an increase of approximately $20,000. Mr. Gay asked if the Public Works Department could do these additional sewer jobs and Mr. DeFoe replied that the Town could do them or let them out on contract. It was decided to change the request under Article 15 in the warrant for the adjourned Town Meeting to $92,000 of which $7,000 was to be transferred from the Excess and Deficiency Account and $85,000 is to be bonded over a period of ten years. Mr. DeFoe retired at 8:25 P.M. Mr. Carroll met with the Board and the following jurors were drawn: * angle parking. If Massachusetts Avenue is widened eight 301. Drainage in rear of Fire Station 302 Election Work Damon B. Stevens, 25 Highland Avenue, was drawn to serve on criminal business, second session, beg- inning at Cambridge, April 29, 1948. Edson B. Sears, 10 Berwick Road, was drawn to serve on criminal business, first session, at Cambridge April 5, 1948. John A. Ferry, 86 Wood Street, was drawn to serve on Civil business, second session, at Cambridge beginning April 5, 1948. Ernest H. Boyes, 904 Massachusetts Avenue, was drawn to serve on civil business, second session, at Cambridge, beginning April 5, 1948. William E. Phillips, 10 Bloomfield Street, was drawn to serve on civil business, first session, at Cambridge, beginning April 5, 1948. Mr. Emery stated that the Board had read Mr. Carroll's letter pertaining to election workers and would like to discuss it with him a little later inasmuch as the Chairman is not present. He said that one thing the. Board wanted to discuss particularly is whether or not Mr. Carroll has any suggestions about the wage rates or methods of handling the elections. Mr. Carroll said that he has material on voting machines that he will leave with the Board and he believes that voting machines are the best thing. They can be installed as a loan. Mr. Emery asked if Mr. Carroll were in favor of voting machines and he said he definitely was. Mr. Emery asked how many he would need for each precinct and Mr. Carroll replied they would need two for each precinct. He said some workers report at 7:15 and others 10:00 A. M., but they all receive the same rate of pay. He said in most places the Warden is given a flat rate. He said he did not think the rates should be standard. Some elections are longer than others. He said some elebtion workers never serve * and are not accurate. Mr. Emery asked if the town has voting machines would Mr. Carroll be in favor of putting the election workers on an hodrly basis. He replied that when the workers find out they are * but have been reappointed each year. Some are not fast 1 being put on an hourly basis they might be inclined to stall. Mr. Emery said the Board would give this subject further consideration after the Town Meeting. Mr. Carroll retired at 8:40 P.M. Chief Rycroft met with the Board. Mr. ery said that the Board would like to know whether or not the Chief is in favor of the installation of parking meters. Chief Rycroft replied that he is very much in favor of them. He said, however, he thought the Board would:' be better advised after a survey as to where they would be placed. He said he assumed, at the present time, the only place they would be installed would be on Massa 303: Chief Rycroft re: Parking Meters chusetts Avenue. He informed th4Board that provisions are made in the traffic rules and regulations for parking 150' on Muzzey Street and 150' on both sides of Waltham Street. The Chief said that when the time is limited for parking because of meters the parking rules and regulations will be restricted on other streets so that it may not defeat the purpose. Mr. Driscoll asked the Chief if he would need additional patrolmen if parking meters were installed. Chief Rycroft replied in the negative. He said that he had not thought of asking for additional men if meters are installed on Massachusetts Avenue only. Mr. Driscoll asked about widening the driveway to the Police Station. The Chief said that should help and it is so narrow at the present time that it is really only one way. He suggested widening both driveways as an entrance and an exit to the parking area in the rear of the Police Station. Mr. Emery asked if the Town Meeting approves the installation of 100 parking meters and someone asks if the Department should have two extra patrolmen is it the Chief's opinion that they would not need the extra men and Chief Rycroft said that very definitely he would not need two extra men. The Chief submitted a report presented to him by Officer Franks who was in an accident involving the police car. He said that Mr. Teele, the operator of the other car involved, filed an accident report and talked to the Chief. He wanted to know who the insurance company was and the Chief informed him that Report of I accident: to Police Car 304 the town had no insurance but if the town is liable they will assume the responsibility. He explained that it would be up th,the Town Counsel possibly to decide whether or not the Town is liable. Mr. Teele asked the Chief what he should do and the Chief suggested that he obtain an estimate of damages and submit it to Mr. DeFoe,* estimate from Perham's Garage in Arlington of $154.83. He said that he had looked at the damaged ear and although he is no judge, he thought that $50.00 or $60.00 would cover the damage and he thought the quoted price was high. He said that the car was towed to the Colonial Garage and an estimate made there in the amount of $91.00. The mechanic told the chief that the garage would not be losing any money by making the repairs for this amount. The Chief gave further details of the accident and said he would take the matter up with the Town Counsel. •The Chief retired at 9:00 P.M., and Mr. Paxton arrived at the meeting. Mr. Alfred P. Tropeano and Mr. Miller met with the Board. Mr. Tropeano said that he thought the proposition presented to Mr. Miller by Mr. Ryder amounted to $1,$50., and the abatement of, the water assessment charge. Mr. Tropeano said that he thought this was a fair settlement. Mr. Tropeano said there was a lot of business land taken and the Chairman said it was only about 20 feet. Mr. Tropeano said the taking included a building on Marrett Road and he thought it was about a 50' frontage on Marrett Road that was taken. The Chairman said that even though Mr. Miller were going to build a business blocII,he would E,-v;rounded it off without the town faking it. The Chairman asked if Mr. Miller couldn't' see his way clear to reduce the amount requested for damages. Mr. Tropeanoaid that Mr. Miller has lost 300 feet of good stonewall. The Chairman said there isn't much of the stonewall there. Mr. Tropeano said that the Millers will not benefit from the water main because they now get their water from a main coming across Marrett Road. The Chairman explained that they have a future benefit. Mr. Tropeano and Mr. *who would refer it to the Chief. The Chief said he had an 305 Miller retired to give the Board an opportunity to discuss the matter. The possibility of a settle- ment was discussed by the Board and Messrs. Tropeaio and Miller retdrned to the Meeting. The Chairman said that the first item was the water betterment assessments and the Board feels that there is a potential betterment. The. Millers could subdivide the land into lots. On the other hand the Board recognized the Miller's point of view in not wanting to pay for the betterment until they definitely receive same betterment from the installation of the main. He asked if the Millers would be agreeable to enter into an agreement running with the land that if, at any time, they want'to tie into this water main or sell any portion of the land; the betterment then will be payable. Mr. Tropeano raised the question supposing the Millers sold only one lot. The Chairman said that the amount they would receive from one lot would pay for the entire assessment and usually the agreement entered into states "When any or all of the land is sold". Mr. Miller stated that he thought such an agreement would be reasonable. The Chairman stated that the Board 12 of the opinion that $1,000 would be a fair settlement. Mr. Trepeano said that he did notthink that would be enough. considering some of the land taken is zoned for business. He said he can see theiTown's point of view as far as the water assess- ment is concerned and he thought the proposal out- lined by the Chairman was fair and he would recommend itto the Millers, but he thought $1,250 a reasonable price for the land. He said that he would split the difference and make it $1;125. The Chairman asked if it would be all right if the Town Counsel were to contact Mr. Tropeano and draw up a temporary option for the amount of $1,100. Mr. Tropeano said he would contact Miller and recommend this amount. Messrs. Tropeano and Miller retired at 9:30 P.M. Mr. Tropeano called the Board back and advised them that Mrs. Miller would settle for $1,100. A petition was received from the New England Telephone & Telegraph Company for -permission to place and maintain a buried cable on Merian Street from pole 65/1 located approximately 68' northeast- erly from Massachusetts Avenue, thence easterly to 306 Sewer request 19th of April Celebration Cert. of Incorp. Approve Bond Use of Hall Use of Hall the property line of Meriam Street approximately 20' of buried cable. Mr. Emery moved that the petition be approved and the order signed. Mr. Driscoll seconded the motion, and it was so voted. A letter was received from Morris Martin re- questing that his house at 5 Fuller Road be connected to the sewer. The Chairman informed the Board that a copy had been referred to the Supt. of Public Works. The Chairman read a letter from the City of Boston, Department of Public Celebrations, stating that the Committee will hold a meeting relative to the celebration of April 19th, on Thursday, March l8th. The Clerk was instructed to forward a copy of the letter to the Patriot's Day Committee. An application was received from the Office of the Secretary for certificate of incorporation pertaining to Peter J. Norton, 2 Aerial Street, Lexington. Satisfactory character reference was received from the Chief of Police. Mr. Emery moved that this certificate be signed. Mr. Gay seconded the motion, and it was so voted. Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to approve the bond in the penal sum of $1,000 executed on behalf of Edward C. Maguire as Constable of theiTown of Lexington for a period of one year beginning April 1, 1948. An application was received from the Lexington Girl Scouts for permission to conduct a Brownie Revel in Cary Memorial Hall on the afternoon of May 15th. Mr. Emery moved the use of the hall be granted free of charge. Cdr. Driscoll seconded the motion, and it was so voted. en application Was received from the Lexington Girl Scouts requesting the use of Cary Memorial for a Scout Rally the evening of May 20th. Driscoll moved that the use of"the hall be granted free of charge. Mr. Gay, seconded the motion, anlit was so voted. 307 An application was received from the Lexington School Department for permission to conduct a band concert in Cary Memorial Hall on Use of Hall May 11th. Mr. Emery moved the use of the hall be granted subject to a charge of $35.00. Mr. Nickershn seconded the motion, and it was so voted. An application was received from the Order of DeMolay requesting permission to use Cary Memorial Hall for a three act drama on the evening of May 15th. Mr. Emery moved that the use of the Use of Hall hall be granted subject to a charge of 435.00. Mr. Driscoll seconded the motion, and it was so voted. Upon.r.mbtion of Mr. Gay, seconded by Mr. Driscoll, it was voted to renew Chester Fillmore's License Peddler's license. The Clerk informed the Board that the Army Recruiting Service had requested permission to Use of use a flag pole at the Barnes property for their Flag recruiting flag. Mr. Emery moved that the request Pole be granted. Mr. Gay seconded the motion, andiit was so voted. It was decided to hold the annOal appointments over until the next meeting with the exception of the appointment of the Town Counsel. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted that Mr. Daniel A. Lynch be reappointed to serve as Town Counsel for a period of one year beginning April 1, 1948. The Chairman asked the Board if the present Pay of rates paid to election workers are to be changed. election Upon motion of Mr. Emery, seconded by Mr. Gay, workers it was voted that the rates of pay remain the same. Mr. Nickerson moved that the workers be paid for one meal for the short elections and two meals for the all day elections. Mr. Emery seconded the motion, and it was so voted. 308 The Chairman reminded the Board an additional sum should be added to the Fire Department Expenses appropriation to cover the cost of repairing the ladder truck. It was decided to increase the budget in the amount of $1,000. The Board of Selectmen will meet Monday evening, March 22d, at 7:00 P.M., and the next regular meet- ing of the Board will be on Wednesday, March 24th at 7:30 P.M. The meeting adjourned at 10:35 P.M. A true record, Attest: 0-4