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HomeMy WebLinkAbout1948-08-09463 SELECTMEN'S MEETING August 9, 1948 A regular meeting of the Board of Select- men was held in the Selectmen's Room, Town Office Building on Monday evening, August 9, 1948, at 7:30 p.m. Chairman Paxton, Messrs. Emery, Driscoll and Nickerson were present. The Clerk was also present. At 7:30 p.m. hearing was declared open upon the petition of the Boston Edison Company and the New England Telephone and Telegraph Company for joint or identical locations for the erection or construction of poles to be owned end used in common by them on Grove Street, approximately 1,200 feet south of Winter Street. Notice of the hearing was read by the Chair - There werethree persons present. No one opposed the proposed location. Mr. Emery moved that the petition be approved and the order signed for the following pole location: Grove Street, approximately 1,200 feet south of Winter Street, one (1) pole, guy wire and anchor. Mr. Driscoll seconded the motion, and it was so voted. The Chairman declared the hearing closed at 7:35 p.m. and the group retired. Mr. Edward Watson, 65 Reed Street met with the Board to discuss his application for a Public Carriage License. The Chairman explained that the Board is some- Public what concerned about the fact that so many individuals Carriage have applied for Public Carriage Licenses and License stated that the Board believes' in free competition, but it may come to the point where there will be no business for anyone. Mr. Watson informed the Board that he is married, has six children and is a carpenter. During the winter months his work is slow and he would like to operate a taxi for additional income. He said that he would have it in operation the year round and has a driver to start if the Board, grants him a license. He stated that he will try to locate someplace where there is a telephone. man. 464 Mr. Watson has lived in Lexington for three years and has purchased a home in Lexington. He previously lived in Canada, but was born in the United States. Mr. Nickerson stated that if Mr. Watson intended to have some other individual driving, he would not be operating the business himself. Mr. Watson replied that he would drive nights. The Chairman stated that the Board would like an opportunity to check on this a little further and in all probability would not make a decision. this evening. Mr. Watson retired at 7:45 p.m. Mr. DeFoe, Suptt. of Public Works, Mr. Burns, Town Engineer, and ten other individuals met with the Board for opening of bids for the construction of water main&in North and Burlington Street. The Chairman read the bids which were as follows: Bid Check Bagarella Construction Co., Inc. Rosa and Todisco Constr. Co. Susi & DeSantis Co., Inc. Frank Di Censo & Co. Domenick Zanni George Brox, Inc. Dingley Contracting Co. Custance claim for damages Watertown $ 8,059.00 $ 402.95 Brighton 10,102.50 505.13 Boston 9,130.00 456.50 Dorchester 11,937.50 688.13 Reading 13,705.00 1,370.50 Hudson 8,780.00 439.00 Natick 7,865.00 500.00 The certified checks were returned by the Chairman to Domenick Zanni, Frank DiCenso & Co., Susi & DeSantis Co., Inc. and Rosa and Todisco Con- struction Co. The group, with the exception of Mr. DeFoe, retired at 8:00 p.m. Mr. DeFoe reported on the accident involving a car operated by Mr. Theodore A. Custance and a town truck. He explained that Mr. Custance drove up behind one of the town's army trucks on Gleason Road when a sewer service was being laid. Mr. Hutchinson, the town driver, claims that he looked out and did not see anyone behind him and then backed up. Mr. DeFoe stated that Mr. Custance must have been very close to the truck and also close to the grass plot which explains why the driver could not see him. The bill for damages to the Custance car is $15.10. 1 1 • 465 Mr. Driscoll moved that the Superintendent of Public Works be authorized to settle the claim providing he is able to obtain a proper release; the amount to be charged to the Sewer Services Account. Mr. Nickerson seconded the motion, and it was so voted. Mr. DeFoe reported on the claim for damages Hodgdon submitted by Ralph M. Hodgdon, 70 Reed Street. claim for He said that the rear of Hodgdon's car *ent'doWn damages in..the trench in Meriam Street. His car had to be towed to the garage and the bill for ,repairs is 038.10. Mr. DeFoe explained that the trench was puddled. Mr. Driscoll moved that the Superintendent of Public Works be authorized to settle the claim providing he is able to obtain a proper release; the amount to be charged to the Sewer Laterals Account. Mr. Emery seconded the motion, and it was so voted. At the last meeting, the Board requested Mr. DeFoe to report on the condition of Robbins Road, Mr. Ross having requested permission to use Town equipment. Mr. DeFoe said that the road is fairly well washed out and there are some very large stones. He stated that there should be some fine material added, but it will not hold unless there is some oil or something put on, which would take care of it for awhile. Mr. Finery inquired as to whether or not this is an unaccepted street and the Chairman stated that it is unaccepted. Inasmuch as Mr. Gay had requested information as to the condition of the street; action was post- poned until Mr. Gay would be present. Mr. DeFoe reported that he had conferred with Clyde Booker relative to the Honor Roll who in- formed him that Miss Florence Hamblin did the work before. She does about seven names an hour and charges $3.00 an hour. Mr. DeFoe talked with the Atlas Sign Company, Boston and was given a price of 2V per name, or twelve names for $3.00. A representative from the Acme Sign Company promised to come out over the weekend, but Mr. DeFoe has not heard from him. Honor Roll 466 The Chairman suggested that it might be possible to purchase some heavy white cardboard and have the Engineering Department Wrico them. Mr. Emery said that if the Wrico would look commercial, he would rather not have the names done that way. The Chairman suggested that Mr. DeFoe have a sample for the next meeting of the Board. Mr. DeFoe stated that W. John Baskin has signed for sewer and water main extension in Castle Road. He explained that there is just one lot, owned by Mr. Carlson, which has not been signed for, and presented a sketch showing the Sewer and Board where the services will be installed. The water for Board was of the opinion that the services should Castle Road go the entire distance and Mr. Carlson should be assessed. Mr. Emery asked if there are sufficient funds in the budget and Mr. DeFoe replied in the affir- mative. Mr. Nickerson moved that the orders be pre- pared for the Board's signature. Mr. Emery seconded the motion, and it was so voted. Mr. DeFoe reported that request has been received for sewer main in Smyth Street. There are two abutters, but only one has signed, a Mr. Cogswell whose cesspool is overflowing. Mr. Emery asked if this particular street was included in the budget and Mr. DeFoe replied in the affirmative. Mr. Emery moved that the order be prepared for the Board's signature. Mr. Driscoll seconded the motion, and it was so voted. Mr. DeFoe presented bids for waterproofing the steps at Cary Memorial Hall as follows: Chester Newman Company $ 435 National Waterproofing Co. 500 Boleo Waterprafing Co. 532 Water- Western Waterproofing Co., proofing Inc. 395 steps at E. T. Schwamb Co. 1050 Cary Hall 1 467: A brief resume of each bid was given and the ohly concern that mentioned a guarantee was the Chester Newman Company. Mr. Nickerson moved that the contract be awarded to Chester Newman Company at the quoted price of $435 providing the guarantee mentioned in the bid covers the area over which the work will be done. Mr. Emery seconded the motion, and it was so voted. Contract between the Town of Lexington and Susi & De Santis Co., Inc. for the construction of a water main in Grove Street was signed by the Board. Mr. DeFoe said that Joseph Moretti, an employee of the Public Works Department, is going on vacation Mental of and has asked permission to hire the bulldozer to Town widen out Rindge Avenue. Equipment The Chairman explained that the Board is reconsidering last year's policy of equipment rental and chances are that no decision will be made before Mr. Moretti goes on vacation. Mr. DeFoe retired at 8:30 p.m. Mr. Clarence S. Walker, Treasurer of the Lex- ington Trust Company, Chief John W. Rycroft and Officer John A. Russell met with the Board. These individuals were requested to meet with the Board because of a letter written to Chief Rycroft, a copy of which was mailed to the Board, in which Mr. Walker claimed that Officer Russell stated over the telephone that "I will get you for this if it is the last thing I do and you will pay plenty before I am through with you." The Chairman explained that the matter of a loan obtained by Officer Russell through the Lex- ington Trust Company is a personal affair and does not come within the control or jurisdiction of the Board of Selectmen. However, the statement quoted by Mr. Walker is something which the Board cannot condone. The Chairman said that if such a state- ment tatement was made there should be an apology and that, in his opinion, this was something that no police officer should have done. He explained that Mr. Walker and Officer Russell had been requested to meet with the Board in an effort to straighten the matter out. Clarence S. Walker - Complaint 468 Officer Russell said that he would make no apology. The Chairman asked if he would tell the Board the circumstances. Officer Russell explained that he was five days overdue on a payment. He telephoned Mr. Newhall and told him that he would take care of it.He said that he has proof of having made payments in advance. The next day he received a registered letter from Mr. Walker which he thought was very sarcastic. Officer Russell said that he again telephoned Mr. Newhall and asked him what the story was. He explained that Mr. Walker may not have understood that Officer Russell had discussed this with Mr. Newhall. Officer Russell said that he then received another letter from Mr. Walker stating that he intended to refer the matter to the bank's attorney. He claimed that Mr. Walker was sarcastic over the phone and he said that he did not say anything that Mr. Walker charges him with. Officer Russell said this is his statement and he will not apologize. He said that if he were wrong, he would be the first man to apologize.. He stated that he and Mr. Walker have been the best of friends and never had any trouble, that he has been very good to him any time he went to him. .Officer Russell presented to the Chairman a book indicating payments that have been made in advance. Russell stated that he is now paid in advance up to Obtober 15, 1948. He also presented two letters which he received from Mr. Walker. After reading the letters, the Chairman presented them to the Other members of the Board. Mr. Walker said that insofar as collecting the obligation is concerned, that is his business and certainly the Board does not want to enter into it. He said that the only complaint he has, and he is serious about it, is that he does not think any officer of the law has the right to put a citizen on the spot the way he has been put on the spot. He said that is what promoted him to write the letter. He stated that he is not asking the Board to collect the obligation due the bank that he can take care of that. The Chairman said that he would like more information. He said that Officer Russell has given his side of the telephone call and claims that he did not make the statement, and Mr. Walker says that he did make it. He asked if there were 1 469 any parts of the conversation that Mr. Walker and Officer Russell could come to an agreement on. Mr. Walker said that most of the conversation was beyond repeating. He asked if Russell recalled saying for Mr. Walker not to dare hang up the phone until he got through telling him what he thought of him. Russell admitted that he did tell Mr. Walker not to hang up the phone but denied that he used the word "dare". He said that Mr. Walker could repeat any- thing he said over the phone. Mr. Walker said that his object in writing the letter was to have it on record and if at any time he should be picked up for a minor offense he wanted this on record. Russell said that he has been in the Department for fourteen years and has never used his 1adge for anything.. He asked if Mr. Walker ever had any trouble with him and Mr. Walker replied in the negative. The Chairman asked if the Board had any questions and there were none. Mr. Walker retired at 8:50 p.m. The Chairman explained that he talked with Officer Russell and Chief Rycroft because he had discussed this with Mr. Lynch. If the statement was made and Officer Russell apologized there would be no necessity of going any further. He said that he mentioned the fact to Officer Russell that things seem to multiply against people and that this is the second complaint. The other one was not official but came to the Board about the police car being parked up at Lexington Manor different hours. He said that he spoke to the Chief about this. The Chairman said that he has no brief for the Lexington Trust Company and looking at the records quickly it appears that Officer Russell did at times make payments in advance. However, that is not with- in the Board's jurisdiction. He said that the point is, was the statement made or was it not made. Officer Russell said that he did not say what Mr. Walker claims he said and that is the truth. He said that he would never apologize for something he did not say. Officer Russell stated that if he did make the statement he would be the first to apologize. He claimed that Mr. Walker made the remark that he would have his buttons off and that just because he was a police officer he could not go around owing money. He said that there was no language used that could not be used before a lady. He said that 470 Tax Title Property Tax Title Property Mr. Walker did not swear and neither did he, and that he would fight this to the end. He admitted that he has been wrong many times but this time he is not wrong. The Chairman said that the Board is determined to see that Lexington has one of the finest police forces around. The Board believes that courtesy is one of the first things to be had in a police officer. He stated that the Board expects the co- operation of all members of the Police Department at all times. He said that the Board would think the matter over. The Chairman asked if the Chief or Officer Russell had anything further to say and they replied in the negative. Officer Russell retired at 8:55 p.m. The Chairman read the Chief's report for the month of July. The possibility of Route 128 traffic going out Maple Street, up Massachusetts Avenue and over Marrett Road was discussed. The Chief agreed to check with the State on this. The Chief retired at 9:15 p.m. No action was taken on the Russell matter. Further consideration was given to Joseph Moretti's offer to purchase lots 197 and 198 Rindge Avenue.' These lots adjoin property now owned by Mr. Moretti. The Clerk was instructed to advise Mr. Moretti that the Board would be favorably inclined towards an offer of $25 for each lot, ana if he is interested the lots will be advertised in the usual manner. Letter was received from Robert G. Poirier, 18 Tucker Avenue offering 030 for lots 452-454 Banks Avenue: The Chairman looked at the lots with Mr. Potter, of the Committee on Tax Title Property, and it is their recommendation that the Town retain these lots until such time as it is determinedwhether or•not this area will be required for drainage purposes. The Clerk was instructed to so advise Mr. Poirier. Application was received from Lovell Bus Lines, Inc. for a license to operate buses for hire over portions of the State owned highway known as Access Road, leading to the Bedford Airport. Cmi 1 1 The Clerk was instructed to send copies of both letters to Mr. Blackwell and the Planning Board for recommendations. The Chairman read a letter from Philip S. Gilman stating that he has completed digging the foundation for a house on veteran's lot #7. He has come to the conclusion that it will be improbable for him to have a septic tank work successfully because of poor drain- age. He asked for an opportunity to change his lot or have his money refunded. The Clerk was instructed to advise Mr. Gilman that lots 1 and 2.are available and he may have his choice of either lot. Application for a certificate of incorporation was received form the Officer of the Secretary of State on behalf of Samuel F. Parker. Mr. Emery moved that the application be signed. Mr. Driscoll seconded the motion, and it was so voted. Report was received from the Dog Officer relative to Mrs. Ingeborg Swenson's claim for damsges by dogs. Mr. Trobino is the owner of the dog that killed four of Swenson's chickens and the Officer informed her that this is a civil matter between her and the owner of the dog. Upon motion of Mr. Emery, seconded by Mr. Driscoll it was voted to approve Surety Bond F-90968 on behalf of William S. Scamman, Tax Collector, in the amount of $53,500. Applications were received from the Lexington Choral Society for permission to conduct concerts in Cary Memorial Hall on November 12, 1948, December 12 April 8, 1949. The use in November was granted subject to a charge of $35.00, and the use in December was granted free of charge. The Board preferred not to grant a use so far in advance and the Clerk was instructed to advise the Society that the application for April 8, 1949 would be considered sometime after the first of the year. Letter was received from Edwin B. Worthen, together with an account of the first Town Hall and a suggested title to be framed with the picture presented to the Town by Miss Susan Muzzey. 471 Veterans lot Certificate of Incorporation Damage by Dogs s Tax Collector's Bond , 1948, and Uses of Halls 472 License The Board suggested that the drawing and quotation be taken to Stevens in Arlington to find out whether or not the drawing can b e cleaned and properly framed with the quotation. The Clerk informed the Board thgt John Mazzeo of Belmont, who now has a State Peddler's License called at the office to inquire as to whether or not the Board would issue a permit for him to operate a Roller Diner in Lexington on Sundays. It was the opinion of the Board that the request should be denied. The name of Daniel A. Cronin, 49 Forest Street Election was suggested and approved as Deputy Warden for Workers Precinct 2. The subject of betterment assessments was dis- cussed and it was decided to request the Town Counsel Betterments to meet with the Board next week to discuss this problem. The meeting adjourned at 11:20 p.m. A true record, Attest: �lerk, electmen.