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HomeMy WebLinkAbout1948-11-2711 SELECTMEN'S MEETING November 27, 1948 A regular meeting of the Board of Selectmen was held in -the Selectmen's Room on Monday evening, November 22, 1948, at 7:30 P.M. There were present: Chairman Paxton, Messrs. Hnery, Gay, Driscoll and Nickerson. The Clerk was also present. Mr. DeFoe, Suptt. of Public Works, met with the Board and requested permission to award the gasoline contract for 1949. He presented the Board with a schedule of -bids received from five oil companies. Mr. Gay moved Gasoline that the contract be awarded to the Shell Oil Company Bid in'aceordance with the quotations submitted November ` Awarded 22, 1948. Mr. Every seconded the motion, and it was so voted. Mr. DeFoe informed the Board that he has conferred with the County Commissioners and also the State Depart- Chapter ment of Public Works. Both groups seem receptive to 90 Wal- considering the construction of Waltham Street as a Chapter tham 90 project, including the proposed by-pass. He submitted Street applications in quadruplicate for the Board's signatures. The Chairman read a letter from John F. Foley, Drainage 54 School Street,' complaining about water in front of Complaint his house. The Chairman explained to the Board that this was a problem which needs drainage construction. Mr. DeFoe stated that he is contemplating including an item in his 1949 Budget to take care of this area. The Chairman asked the Superintendent to make every effort for some temporary arrangement whereby the situation may be relieved for the present time. A letter was received from Neil McIntosh requesting an abatement of the water betterment assessment levied against property owned by him on Ivan Street. The Chair- man -said that he believed this piece of land, as it is now, receives no benefit one way or the other. He said it could be drained and it does need fill. A decision on the matter was held over until the next meeting of the Board. Mr. Daniel A. Lynch, Town Counsel, met with the Board relative to the contract submitted by the Veteran's Admin- istration for the construction of a water main to supply the Bedford Hospital. Mr. Lynch said he liked the basic idea but there were a number of things he did not like. Betterment Assessment 12 Mr. Lynch Re: SCott Central Block He said he checked on the vote of the Town Meet- ing authorizing negotiations. He Balled the Board's attention to the fact that Town Meeting authorized the Board to enter into an agreement, subject to the approval of the next annual town meeting. He stated the Board cannot legally enter into a binding con- tract with anyone until such time as money has been appropriated for the agreement. He said this form submitted by the Veteran's Administration becea a contract when accepted by the Government. Be said it is really not an agree- ment but a bid from the Town of Lexington to furnish water. He said he did not think the Board could accept for two reasons. It is subject, first, to an appropriation of money by Town Meeting, and also to the approval of the Town Meeting. Both of these -should be included some way in the agreement. He also said there are a number of items that should be cleared from an engineering standpoint. Mr. Lynch suggested that he confer with representatives from the -V. A. in' an exideavor to work out a sister form of agreement. The Chairman said that he believed the government requires that everything be put on the ba®is of a bid. Mr. Emery moved that Mr. Lynch and Mr. DeFoe confer with either Mr. Hughes or Mr. Mc- Dermott -of the V. A. in an effort to draw up an agreement that is satisfactory from a legal and engineering•point of view. Mr. Driscoll seconded the motion, andlit was so voted. Mr. DeFoe retired at 8:25 P.M. Mr. Lynch discussed the Scott ease. He stated that the Board can move in very harshly and have the Build- ing Inspector notify Mr. Scott that -the building is unsafe, and have the notice served by a constable. Mr. Scott must then, by 12;00 noon the following day, start to make the building safe. If he doesn't the Selectmen then send a Board to make an inspection. The statute states that this Board must be composed of the Building Inspector, the head of the Fire Depart- ment, -and one uninterested person. If the owner, Mr. Scott, does not then take the building down or improve it --the town can condemn the building and evict all tenants.- Mr. Scott then has a right to a jury trial. In such a case it takes precedence over every other ease on the list. He forfeits to the town $10.00 per day while the town is waiting for a jury trial and he must pay that if the jury affirms the decision of the Board. If not the town pays Mr. Scott's costs. hovel 1 13 Mr. Scott must claim his jury trial within three days after receiving.the written notice of the Board; that is, the Building Inspector, the head of the Fire Depart- ment and one other person. Mr. Lynch etates that the statute reads that if there is no Chief of the Fire Department the Board of Selectmen must designate some- one as head of the Fire Department to act with the Building Inspector and one other person. .The Chairman asked if this procedure as outlined by Mr. Lynch was discussed between Mr. Lynch and Mr. Ballard. Mr. Lynch said that Mr. Ballardts approach was informal. Mr. Lynch said that Mr. Scott has already appeared before the Board, and as he recalls it he was supposed to have some detailed report submitted to the Board by November first.. Mr. Lynch asked if the Board Wanted to have the Building Inspector write Mr. Scott and tell him what was found to be wrong with the build- ing and request that he submit plans to the Board of Selectmen by a specified date. The Chairman asked if the, Board wished to continue. informally. It was agreed that, an informal letter be written giving Mr. Scott until February first to submit plans. Mr. Lynch said that he would compose a letter for -Mr. Lindstrom to sign and have it for the Board next Monday night for their approval. The Chairman read a letter from the School Committee requesting the Board of Selectmen to authorize the insertion of a bill before the Legislature requesting extension of the present authority to borrow up to $ 3,000,000. outside of the bebt limit. In 1946 a Bill for bill was filed requesting approval of the Legislature the for borrowing up to 3,000,000.. outside the debt limit Legis- but-the•amount was decreased by the Legislature to lature 1 8,000;000. Mr. Gay moved that the Town Counsel be authorized to prepare a petition and bill for the in- sertion of a bill bef ore the Legislature requesting an additional $1,000,000. -outside the debt limit for school construction purposes. Mr. Emery seconded the motion, and it was so voted. A letter was received from the State Department of Public Works together with a contract in duplicate for the construction of Grove Street under Chapter 90. The Chairman explained to the Board that no payment can be made to the town on account of this work until the contract is signed and returned to the State. Chapt. 90 14 Three copies of the contract between the Town of Lexington and George Brox, Inc. for reconstruction of a section of highway on Grove Street under Chapter 90 was received. The Board signed the three copies, two of which are to be returned to the State. The Chairman read a letter from the Board of Health reporting that the cesspool at B7 North Hancock Street is in perfect working order. The cesspool at #-91 has overflowed recently but at the present time although full is not overflowing. The cesspool at # 95 is in very bad condition and is: overflowing. Mr. Emery suggested that the Health Inspector be requ.Bsted to inspect Sewer every house on the street and submit a report by next North Monday evening at which time Mr. George Morey and Mr. Hancock Samuel Burgoyne -are to be invited to meet.with.the Street Board to further discuss the proposed construction of a sewer in North Hancock Street. The Chairman read a letter from CharlesD. Allen requesting permission to broadcast Christmas -Carols from the -'roof of his store at 1787 Mass. Avenue during the weeks of December 13 and 20th. The request was held over for one week. The Chairman read a letter from the American Legion relative to the possibility of the organization purchasing the land at the rear of the present Welfare Building, fronting on the Boston & Maine R. R. tracks, and Fletcher Avenue. The Clerk was instructed to acknowledge the letter and advise the Commander of the Legion that this is a subject requiring further study and when an inves- tigation has been made and a decision arrived,at, the Legion will be so advised. The Chairman a letter from William H. Lyon suggesting that all parking in front of the Central Block be eliminated., As an alternate he suggested parallel parking rather than the present angle parking. Mr. Driscoll moved that the Traffic Rules and Regulations be amended to make all parking in front of the Central Block parallel. Mr. Emery seconded the motion, and it was so voted. The Chairman read a letter from the Board of Fire Engineers advising that there are not sufficient funds in the Ambulance Account for the balance of the year. As the result of an accident necessitating repairs to the ambulance there is an outstanding bill of $ 169.67. The Engineers estimate that they will need an additional $ 50 for gas, oil, anti -freeze and laundry. Mr. Emery moved that the Appropriation 1 Committee be requested to transfer the sum of $220 from the Reserve Fund to the Ambulance -Account. Mr. Gay seconded the motion, and it was so voted. A letter was submitted by the Chief of Police which he received from Mass. Inst. of Technology Special relative to special police officers appointed who Police acted as guards at the M. I. T. Field Station on Wood Street. Inasmuch as the Institute no longer has guards stationed here they thought the appointments should be withdrawn. Upon motion of Mr. Gay sec- onded by Mr. Nickerson it was voted to cancel the appointments and notify the Chief of Police. The Chairman advised the Board that he had checked with Mr. Locke relative to appointing an associate member to the Board of Appeals to fill the vacancy caused by"the appointment of Mr. Ripley as a permanent member. Mr. Locke said that Mr. Houdlette was very much inter- ested in the Board of Appeals work and it was necessary for him to resign because of his .connection with the Planning Board. However, if the Board felt that it would not be unwise he thought Mr. Houdlette might like to serve. Upon motion of Mr. Driscoll, seconded by Mr. eery, it was voted to appoint Elmer C. Houdlette an associate member of the Board of Appeals to replace Mr. Ripley. The Chairman called the Board's attention to the Budgets fact that 'some consideration should be given to Budgets prepared for 1949. It was agreed to meet on Saturday afternoon, December 11th, at one o'clock to discuss budgets.. The meeting adjourned at 10:30 p.m. A true record, Attest: 15. App t t.