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HomeMy WebLinkAbout1948-04-05324 Jurors Castle Rd. SELECTMEN'S MFFTING April 5, 1948 . A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, April 5, 1948 at 7:30 p.m. Chairman Paxton, Messrs. Emery, Gay Driscoll and Nickerson Were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of jurors. James V. Bouchard, 25 Bowker Street - was drawn to serve on the First Session, Civil Business. Harry C. Boyd, 30 Beds ford Street was drawn to serve on the First Session, Criminal Business. Daniel P. Curtin, Marrett Road was drawn to serve on the second Session, Civil Business. Mr. Carroll retired at 7:55 P.M. and Mr. John Baskin and Mr. William Lyon met with the Board. Mr. Baskin said that the first subject to be considered is Castle Road, and asked if the Board had made any decision. The Chairman said that the Board has not dis- cussed it at all, but he did not believe there would be any real change. He said he thought the Board would be willing to go along with Mr. Baskin, but the subject would have to be checked very closely now because of the fact that the Planning Board is the Board of Survey and not the Board of Selectmen. Mr. Baskin stated that his bond will expire on April 28, 1948 -and he will not have the road completed by that time. The Chairman explained that Mr. Baskin had requested a Board of Survey layout and he met with the Board. An agreement was drawn up and a bond obtained. Upon checking the old plans, it was deter- mined that Castle Road was an old layout of many years ago. If Mr. Bakk3n wanted to exercise his. rights under the laws at that time, there was no need of his coming before the Board. When he want 32 to construct the road there was a lot on the corner and he made every effort to purchase this lot and make some type of settlement. The owner of the lot objected to the road. He would not pay any portion of the cost of construction and he refused to sell the lot. As a result Mr. Baskin could not put the road through from Franklin Road to Hayes Avenue. The Chairman stated that the Selectmen would have to check to determine what the Board` -of Selectmen's responsibilities are first, and if the Selectmen have any jurisdiction because they acted as a Board of Survey at the time Mr. Baskin had his hearing. If it is up to the Selectmen, they will have to determine if the time is to be extended and the agreement cancelled. He said that if it is now the responsibility of the Planning Board, Mr. Baskin will have to appear before them -kith the full knowledge of everything that has gone before. Mr. Emery asked Mr. Baskin if he wanted the road and he replied that he would just as soon the Town take it over and build it. He said that he thought he could go in and build part of the road up to his line, and bulldoze out through on his own side. The portion in front of the Carlson property will have to be left rough. Mr. Emery asked Mr. Baskin if he -still wants the road and he replied in the affirmative. The Chairman explained that Mr. Baskin wants the Town to accept the road.. Mr. Baskin said that if it is built according to Tom specifications, he would assume that the Town would accppt it. The Chairman said that it does not appear to him that the Town can do very much. Mr. Baskins tated that the bond will expire on April 28, 1948, and the Chairman asked if he wanted an extension of time and a revision to the extent of the end of his line. Mr. Baskin said that he would just as soon the Town say that it will build the road. He will pay the damage and forget it after that. The Chairman explained that this could not be accomplished by April 28. Mr. Emery suggested that Mr. Carlson be approached from a aivid interest. He said that there is a Town angle now with the new school building, where there wasn't before. 326 Mr. Baskin said that if there is anyone. who can speak to Mr..Carlson he would like to have him do so. He said that as he sees it, the Board will have to leave it to him and he will build the road the best he can or the Town can cash the bond and build the street. He will pay all expept Carlson's portion... The Chairman said that the Board will have to think this over and check on it. He explained that there are so many things to check, the Board cannot made a decidion this evening. Mr. Lyon retired. Mr. Baskin asked if the Town proposed to do anything about drainage on.Franklin Road. The Chairman replied that there is nothing on it for this year. Mr. Baskin said that the contractor has filled in Williams Road and he wants them to either put in some more and level it off or remove what is there. The Chairman said that he would refer this to the Superintendent of Public Works. Mr. Baskin retired at 8:02 p.m. It was decided to find out from the Town Counsel if the responsibility pertaining to Castle Road is now the Board of Selectmen's or the Planning Board's. Mr. George P. MRrey met with the Board relative to the issue of bonds authorized by the recent Toms. Meeting. He said that it is his presumption that the Town will issue the whole group of bonds together. He stated that a Mr. Searles and'a Mr. Dine have put into being a system whereby -towns iasuing, small amounts of notes would not have to pay an exhorbitant fee for issuing of legal ppinion. Legal opinions go into the subject of -the method in which the bonds are issued, that is whether the Town Meeting had the authority and whether the article in the warrant; -was pro er, etc. He said, that for $1.00 the Town can obtain a State House opinion on notes. The State recommends that amounts up to $200,000 can be issued by State House notes. Otherwise, the Town can go into the market. There are twelve houses which issue legal opinions. Legal opinions as to the procedure which has taken place cost 754 -or $1.00 per bond. Mr. Morey said that for the amount of money the Town will need, the local market does not have the funds to supply what the Town wants. They will probably have to be sold outside of Massachusetts. The State House opinion is not merchandisable out - 327 side of the Commonwealth. He said he thought Lexington was well known but he still thinks that the average buyer of municipal bonds wants to know that they have been issued properly. Mr. Morey said he should think Lexington would want to use a Boston firm. Bonds Mr. Morey explained that the common practiee in Massachusetts is to use 1/4 of 1%. You know what the buyer will pay by and large for this type of paper. If the town has an instrument that is more precise, namely multiples of 1/10 and 1/8 it works out fairly well from the dealer's point of view so they can bid the best. He said that there is no question that the bonds were properly authorized by Town Meeting and he is sure the Town was well advised as to the procedure to follow. However, if the bonds were issued improperly, the buyer would have no recourse. The Chairman asked if the Town would have to pay for the legal opinion and Mr. Morey replied that if. the Town does not pay for it, the dealer will and charge the Town more than it cost him. He said it is more proper procedure for the Town to pay for it. Mr. Finery asked which was. cheaper, the legal opinion on bonds or notes and Mr. Morey replied that there is no cost on the notes. They are issued by the Attorney General. The dealers would pay a;:.higher price for bonds with such an opinion. The Chairman asked if Mr. Morey believed the bonds would be sold nation wide instead of state wide and therefore the Town must have a legal opinion „ known nation wide and not just state wide. Mr. Morey replied in the affirmative, Mr. Emery asked what the disadvantages are of bonds vs. notes and Mr. Morey replied paying for legal opinion and paying for certification as to genuiness. Mr. Emery asked if Mr. Morey had any idea as to what the interest rate might be and Mr. Morey replied that he -thought the Town would have to pay 2/. He said that the extension of the maturity on th.e sewer bonds for thirty years will be of no benefit to the Town. He said that he does think thirty years will probably make the Town pay 2% whereas 1.90 would have been the rate otherwise. The Chairman said that the vote of the Town Meet- ing was that bonds should be issued for a period not exceeding thirty years. 328 Mr. Emery said that thought they were voting Mr. Morey said that make a little difference the Town Meeting members for thirty years. he thought the time would insofar as what the Town would have to pay. Mr. Emery inquired as to what the Town would have to pay for the fifteen and twenty year bonds. M'. Morey replied that whoever handles any of the bonds should handle them all and they should be put out on an all or none basis. The Chairman explained that the vote of the Town Meeting is that the Town Treasuer will do the work. Mr. Morey said he thought it should be made clear to the Treasurer that the Board would approve the procedure as he has outlined. He said that he also thought the Board should protect itself by obtaining another opinion. The Chairman said that the Town Accountant has talked to someone he knows connected with the Second National Bank and evidently he discussed this subject on more or less the same lines as has Mr. Morey. •Mr. Morey said that the Town may have to keep, money on deposit and they will all want certification of genuiness. He said he thought it was a question of the First National Bank, Merchants National, Second_ National or the Shawmut. He said that he would not want to tell the Treasurer what bank to use or what legalopinion fro buy. The Chairman aaid that all the Board can do is suggest to the Treasurer, if the Board feels Mr. Moreyts suggestions are correct, to get bonds instead of notes and that the multiples be placed in 1/8 or 1/10. The Chairman asked how the legal opinion would be paid and Mr. Morey replied that there is some way around it and suggested that the Board ask Mr. Carroll to explore it. ,He thought Mr. Searles or Mr. Dine of the -State House could advise him. Mr. Morey retired at 8;30 P.M. Mr. Clyde 5teeves, Chairman of the Board of Assessors met with the Board of Selectmen. Mr. 5teeves informed the Board that the Assessors are going to interview the applicants for the position of Assistant Assessor next week. He will then have a meeting with the Board of Selectmen. Zo- 1 1 Mr. Driscoll asked Mr. Steeves if he has gone over the applications and Mr. Steeves replied in t he affirmative. The Chairman said that as he recalls it, this was going to be taken up more or less with the Board of Selectmen. Mr. Steeves said that the Assessors have to make the appointment, and if the Selectmen wanted to meet with them the night of the interview, -it would be all right. The Chairman said -he thogght the Board of Assessors were going to obtain the Selectmen's opinion of the applicants. Mr. Nickerson said he thought the Selectmen were to be consulted on the three top selections. Mr. Steeves asked if the Selectmen wanted him to he would bring in the top three men for an interview. Mr. Emery said he thought that was the indicated preference of the Board of Assessors and as he under- stood it, he was of the opinion that the Assessors want- ed the Selectmen to look into it. The Chairman•said he thought the Assessors would be coming to a meeting of the Selectmen and not the Selectmen attending as Assessor's meeting. He said that he understood Mr. Steeves to say that the Assessors would like to have the Selectmen tie in with them. He stated that the Selectmen know the Assessors have the* appointment but the Selectmen make the appointment to the Assessors. If the man now appointed does not meet the approval of the Selectmen, it may be time wasted, because he may not be reappointed by the Selectmen. Mri Steeves suggested that the Assessors have the interviews, select the top three individuals and then have them meet with the Board. The Chairman said the members of the Board were agreeable. Mr. Steeves retired at 8;45 p.m. and Mr. DeFoe met with the Board. ' He requested permission to settle a claim for damages to an automobile during a snow storm. He explained that he has a bill in the amount of $18.35 from a resident on Prospect Hill Road for damages to his car which was struck by a Town Truck. Mr. Emery moved that the Superintendent be authorized to settle the calico in the amount of $18.35 providing a proper release is obtained. Mr. Driscoll seconded the motion, and it was so voted. right to make the 329 claim for Damages 330 Mr. De Foe requested approval to construct a water main in North Street. He explained that last week the question came up and he did not remember North Street what the width was on the far side of North Street. Water Main It is forty feet. He explained that Miss Willard has signed for the entire length and he assumed from that that she is willing to pay for it. Mr. Emery asked what size pipe would be used and Mr. DeFoe replied that it will be eight inch. Uppon motion of Mr. Emery, seconded by Mr. Driscoll, it was voted to authorize the construction of an eight inch water main in North Street. Mr. DeFoe presented four popies of a contract Standpipe for painting the standpipe. He explained that Mr. contract Lynch has seen the contract and signed one copy Mr. DeFoe regosted approval for advertising in the Boston Globe and the Lexington Minute -Man for bids for constructing Lockwood Road, Byron Avenue, Winter and Grant Streets, including a water main in Winter Street. He suggested, with reference to Grant Street, that the sewer be forgotten for the present time because of the fact that the assessments for both the street and the sewer may be a hardship to the property owners. He further suggested that the Board consider the sewer going into the shoulders of the road if and when it is requested, thereby avoiding digging up. the new road. The Chairman said the suggestions sounded feasible and lobs a lot of merit to it, Mr. Emery moved that the Superintendent be Bids for authorized to advertise for bidseliminating the Street sewer in Grant Street. Mr. Driscoll seconded the Construction motion, and it was so voted. Mr. DeFoe presented the Board with a form of contract between the Town of Lexington and Metdalf and Eddy for professional services in connection with construction of trunk sewers. Mr. Emery asked if the contract had been prepared by Mr. DeFoe and he replied that it was drawn hp by Metcalf & Eddy. He said that in g eneral it appears to be all right, but he questions the pay of the engineer. Metcalf & Eddy explained to him that the method as outlined in the contract is the way they handle the service for the resident engineer. INV Cla 1 331 He also questioned the car allowance and suggested that it be handled on mileage basis. Mr. DeFoe agreed o check with Mr. Shaw of the Metcalf & Eddy Co. and report to the Board. He was instructed to have a copy of the contract approved by the Town Counsel. Mr. DeFoe explained that he has a request from Mrs. Wiggins for the installation of the sewer in Bow Street. Mr. Wiggins has signed the petition for his share of the cost, but Mr. Cataido has refused to sign. They are the only two abutters. He explained Bow that Mrs. Wiggins has a sewer condition where the Street cesspool is overflowing. Sewer The Chairman said that Cataldo could be assessed; he can qudstion the charge and then the Board can make out a deferred assessment. He said that it will be many years before the Cataido land is built upon. Mr. Driscoll asked if money for the construction is available and Mr. DeFoe reminded the Board that this has been included in his budget for 1948. The Chairman said that he has seen the cesspool overflowing and the situation appears to be quite bad. Mr. Driscoll moved that the order for the installation of the sewer in Bow Street be prepared for signatures. Mr. Gay seconded the motion, and it was so voted. Mr. DeFoe retired at 9:29 p.m. Letter was received from the Town Counsel, a copy of which was mailed to the members of the Board, relative to Chapter 340 of the Legislative Acts of 1947. Application was received from the Lexington -Bedford District Boy Scouts for permission to conduct a Scout Circus in Cary Memorial Hall on the evening of May -1, 1948 from 7:00 p.m. to 9:30 p.m. Mr. Emery moved that the use of the hall be approved subject to a charge of $35.00. Mr. Driscoll seconded Use of the motion, and it was so voted. Hall Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was voted to sign the following Sewer Orders: Banks Avenue, Tucker Avenue, Berwick Road and i1ler Road. A copy of each Order is filed in the Selectmen1s 1948 files under "Sewer Easement Orders". Sewer Orders Signed 1 332. Water Orders Signed Warrant Damages Damages to Napoli Uses a Halls Tag Day - Boosters Club Request per- mission to solicit for Welfare 'work Denied Upon motion of Mr. Gay, seconded by Mr. Nick- erson, it was voted to sign the Water Order for Carley Road. A copy of the Order is filed int he Selectmen's 1948 files under. "Water Easement Orders". Upon motion of Mr. Emery, seconded by Mr. Driscoll it was voted to sign the warrant for the Presidential Primaries to be held April 27, 1948. Letter was received from the Town Clerk together with a petition of assessment of damages by Thomas A. Napoli, for appearance at the Superior Court at Cambridge the first Monday of May. The Clerk was instructed to forward the communications to the Town Counsel. Letter was received from the Town Clerk together with a petition of assessment of damages by Albert H. Burnham, for appearance at the Superior Court at Cambridge the first Monday of May. The Clerk was instructed to forward the communications to the Town Counsel. The Clerk informed the Board that Mr. Bertram Gustin has requested the Board's reconsideration of the charge made to the High School for the use of Cary Hall. The Clerk was instructed to advise Mr. Gustin.that the Selectmen have made no change, in their decision; that there are rules and regulations in effect governing the uses of halls and to make an exception would no doubt lead to difficult situations in the future. Mr. Gustin also inquired as to whether or net the Board would object to the Boosters sponsoring a Tag Day. The Board had no objections. Mr. Charles Stokes of'Atlantic Union College in South Lancaster, Mass. requested permission to make house to house canvass for the purpose of soliciting funds for welfare work. Mr. Nickerson moved that the request be denied. Mr. Driscoll seconded the motion, and it was so voted. Letter was received from Edna C. Knoy requested permission to plant a vegetable garden on the land adjoining Waltham Street south of the playground. 1 333 The Chairman suggested that the Clerk write the Chairman of the School Committee and the Super- intendent of Parks and Playgrounds to determine whether or not they would have any objections. The Chairman brought up the subject of Mr. John T. Cosgrove and the Board gave further consideration to John T. his remuneration. Providing the Town Counsel and the Cosgrove Town Accountant approve, it was decided to authorize the following arrangement: Mr. Cosgrove to be paid at the rate established prior to April 1, 1948, that is $3700.00 per year and his retirement is to become effective May 20, 1948 based on the above mentioned rate. Condition of the Lincoln Street dump was again Lincoln discussed. The Chairman suggested appointing a Street committee consisting of one member of the planning Dump Board, one member of the Board of Health and three other individuals of the Town to investigate refuse disposal, to check into the problem from all angles and report to the Board. No action was taken on the matter. Mr. Gay said that he believed somthing should be done about the boxes which James Cataldo has stored on the side of the street. The Clerk was instructed to advise Mr. Cataldo that unless the unsightly condition is corrected imme- idately, the Selectmen will register opposition when the Board of Appeals considers his application for the renewal of his present permit. The Chairman informed the Board that it has been customary to close the Town Offices on Saturdays prior to a holiday on Sunday or Monday. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to close the Town Offices on the following Saturdays: April 17, May 29, July 3 and September 4. The next regular meeting of the Board of Select- men will beheld on Monday evening, April 12, 1948 at 7:30 p.m. The meeting adjourned at 10:30 p.m. A true record, Attest: �le , electmen.