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:
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