Loading...
HomeMy WebLinkAbout1949-06-27250 SELECTMEN'S MEETING June 27, 1949 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, June 27, 1949. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. The Chairman read a letter signed by Mr. Spencer with reference to the water betterment assessment levied against t he Munroe property on Maple Street. Mr. Fred Spencer and Mr. William G. Potter made an inspection of the property on June 24th at the Board's request. The letter stated that the land on both sides of the street is comparable to the general topography of the balance of the land on Maple Street. It further stated that if the area adjacent to the street were laid out in house lots of 100' frontage, with out town water avail- able they would have a value of approximately $600., but with water in the streets the lots now have a potential value of $1,500. Further consideration was g iven to Mr. Kendall L. Johnson's petition for abatement of the water betterment assessment. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to advise Mr. Johnson that in the Board's opinion the land has been benefited to an extent not less than the amount of the betterment already ass- essed against the areas in question. Accordingly the Board feels it would be unwarranted in granting any. abatement. At 7:30 P. M. Mr. and Mrs. Richard Tracy, 5 Butler Avenue met with the Board to discuss the order issued Dog by the Board on May 16, 1949, permanently restraining Restraintthe Tracy's dog. The Chairman explained that on the Order basis of the report made by the Dog Officer the Select- menf elt that they had no recourse but to take the action which they did. He said that the Board would be pleased to hear what Mr. Tracy may have to say. Mr. Tracy stated that he owns a pointer which he uses for hunting. He also stated that he has two children and his dog is used to children; that practically every eveningbetween fifteen and twenty children gather at his house to watch the television and the dog does not cause any trouble. He stated that the little girl who had the trouble comes in with the other chi.dren without the knowledge of her parents. He stated that the dog, in his opinion and in the opinion of the rest of the neighbors, is not vicious. 251 Mr. Tracy said that one of his neighbors, across the street, was looking out of his window and the little Berglund girl was fooling with his dog. The neighbor left the window and when he returned, attracted by the girl's cries, he saw her laying on the ground and the dog was walking away. Mr. Tracy said, "We took her to the doctor". He said he went to see Mr. Berglund who said he was sick over the whole matter and that Mr. Tracy would have to get rid of the dog. Mr. Tracy said he a greed to confine the dog. He stated that Mr. Berglund's father-in-law, who has a black dog, walks back and forth in front of Tracy's house and the Tracy dog barks at the other dog. Mr. Tracy said that one day his wife was out and took the Berglund girl home and told Mrs. Berglund that the dog frightened her. The Chairman asked if this were the first incident and Mr. Tracy replied in the affirmative. He paid that! the dog knocked her down or something. Mr. Tracy told the Board that he took his dog to the police station. Sergeant Russell and Mr. Carroll, the Town Clerk, were there and they looked him over. The dog did not appear vicious to them. He said Mr. Berglund c ame to see him and said he was afraid the dog would grab the child's throat and wanted him disposed of. Mr. Tracy told him he did not think he should get rid of the dog. He s aid that the Berglunds went to a lawyer and had a restriction put on the dog. He then received a summons to go to court. He explained that the Berglunds are suing him for 0,000. Mr. Tracy said his point in coming in to meet with the Board this evening was that the initial restraint of the dog was the start of the law suit. He said it would look bad for him to go to court and admit the dog was permanently restrained by the officers of the town. Mr. Tracy explained that the Berglunds keep very much to them- selves and do not have anything to do with anyone else, and the only time the child is allowed out is when she gets out of the yard by herself. He said that he agreed to get rid of the dog and spoke to Mr. Berglund who told him he would have to see his lawyer. The Chairman asked him when this happened and Mr. Tracy replied it was after he received the Summons to appefr in court. The Chair- man asked if it were after he received the Board's order to restrain the dog and Mr. Tracy replied in the affir- mative. He stated that he kept the dog restrained and then received a summons to appear in court. He said that Mr. Berglund agreed that if Mr. Tracy got rid of his dog the case would be dropped but it never was. The Chairman told Mr. Tracy that the Board did not know anything about the law suit. He asked if Mr. Tracy was familiar with the correspondence relative to this matter and Mr. Tracy replied in the negative. 252 The Chairman gave him the written complaint re- ceived by the Board. Mr. Tracy said that in fairness to him he thought the matter should be decided by the court but it is something against him to. have the r e- straint on now where he hast old Mr. Berglund he would be willing to get rid of the dog. He said that Mr. Berglund told him he was so nervous that he lost three weeks work. The Chairman asked if Mr. Tracy had a lawyer and he replied in the negative. He said that his employer is more or less interested in what happens to him and they will arrange to get a lawyer for him. He said they told him it would cost him $50 to get a lawyer before the lawyer even knew his name. The Chair- man asked if Mr. Tracy intended to engage a lawyer and Mr. Tracy said he would hire one when he needed him. The Chairman asked what Mr. Tracy thought the Board should do. Mr. Tracy said he would like the Board to drop the restriction and he would be willing to agree not t o let the dog run around but that it would be all right to take him out. The Chairman asked if he meant under leash and he replied in the negative and stated that the dog is well trained. The Chairman asked if he thought he would be any better off if he were put on the stand and asked if the dog had been restrained. Mr. Tracy replied that he could then tell them that the restraint has been lifted. The Chairman suggested that Mr. Tracy write the Board a letter confirming the discussion this evening and request that the restriction be lifted legally, upon his agreement to keep the dog under control at all times. The Chairman said he did not mean the Board will remove the restriction but they would have something to work on. He said he wanted to make it very clear that it would be necessary for t he Board to vote on this. He said that the Board would consider it very carefully and discuss it with the Town Counsel. He said the Board was b oudn by the report of the Dog Officer and the law is very specified about wh^t the Board has to do. Mr. Hoyt said he thought it wou4d be veil for Mr. Tracy to obtain some legal advice. The Chairman aid that he thought Mr. Tracy should engage a lawyer now who could possibly discuss this with the Board of Selectmen f rom the legal point of view. He said that as far as he could see all the Board could do was to go on the report and reconsider the subject with the advice of the Town dounsel, but he thought Mr. Tracy should have a lawyer very soon. He explained that the Board wants to be reasonable and tries to do whatthe circumstances justify under the law. Mr. and Mrs. Tracy retired at 8:00 P. M. The Chairman agreed to write to the Dog Officer and ask him to go and talk to several of Tracy's Neigh- bors in an effort to obtain their opinion of the dog. At 8:00 P. M. Mr. Ronald Brown and Mr. Winthrop Bowker of the 19th of April Committee met with the Board. He presented the Chairman with a letter ad- vising the Board of a vote making four specific recom- mendations. He explained that if the Committee is to have a speaker for the 19th of April, 1950, something should be done very soon and perhaps get ahead of the other towns celebrating on that date. He explained that the committee feels that they could do nothing better than to ask President Truman to come here. Due to the importance of the occasion they also thought it might be possible to have the Marine Band of Washington, D. C. to represent the President on Sunday afternoon. This would be the principal event of Sunday. Mr. Brown said his committee is not asking for cash now but just to have some money available upon which to draw for postage, etc. He said it was also brought up at one of the meetings that the committee has no name and it was suggested by him that it would be called "The 175th Anniversary Elanning Committee". The Board had no objection and it was agreed by all present that this committee be known by this name. In the letter presented by the committee was a list of individuals whom the committee felt the Board should invite to the celebration on the aftennoon of April 19, 1950. The Chairman mentioned the fact that there was a bill before the legislature now authorizing the town to appropriate money for this purpose. He stated that Representative Ferguson called him today and informed him that Concord's bill was limited to $25,000. Mr. Brown said that his Planning Committee has not as yet discussed any appropriation. It was agreed by the Board of Selectmen that the figure of $25,000 be used. Mr. Brown and Mr. Bowker retired at 8:25 P. M. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to set aside $50.00 in the Unclassified Account to be used for this committee. 253 Committee 19th of April, 1950 Celebration At 8:15 P. M. Mr. William L. Potter of 21 Fair Oaks Terrace met with the Board. He said that between 5:00 and 8:00 P. M. there is practically no water pressure at his home. He stated that a week ago he was not able to get even e. Bless of water; however, it is not as bad as that every night but many nights the pressure is very low. He said it was his understanding that the water main in Lowell Street would strengthen the system and take care of this situation. He said he knows there is nothing anyone can do about it. The Chairman asked if he had any neighbors. Mr. Potter replied that there is just one. The `'hairman asked if they had any diff- iculty.and Mr. Potter replied in the affirmative. The Chairman said he did not know what can be done about the situation. From what the Town Engineer says this condition exists only during a drought when farms and lawns are being watered daily. Complaint re water pressure 254 The Chairman asked if the condition was more acute this year and Mr. Potter said it started earlier. The Chairman said that the Board would look into the matter, and although he does not know what the answer will be, he will try to get some kind of a report on it. Mr. Potter said he never has any trouble except during the summer months, usually between 5:00 and 8:00 P. M. The Chairman said it would appear to him that it is a question of a large number of people watering lawns and Mr. Potter agreed. He retired at 8:25 P. M. When Mr. DeFoe met with the Board later in the evening the Chairman called his attention to Mr. Potter's complaint. Mr. DeFoe explained that there are some very large farms using water in the evenings as well as'private individuals watering their lawns. He stated that Oak - mount Circle and Shade Street are two of the worst places in town. He said that three years ago there were hydrants in town that didn't even have water in them and there were also three houses without water. Apparently the only per- manent solution is the installation of the proposed 12" mains in the Fair Oaks Section. He agreed, however, to check the complaint. An application was received from the V. F. W. re Use of questing permission to use Estabrook Hall and a Confer - hall ence Room on the evening of July 6th from 8:00 to 11:00 P. M. for a meeting. Mr. Hoyt moved the use of the hall be granted free of charge. Mr. Gay seconded the motion and it was so voted. The Chairman read a letter from Wallace Weisinger Tax Title stating that he would be willing to pay $50 each for lots Property 12 and 13, Block 95, Park Street. Mr. Nickerson moved that a proposal to sell the lots be advertised in the Lexington Minute -Man and that further consideration be given the offer at the next meeting of the Board. Mr. Gay seconded the motion and it was so voted. The Clerk informed the Board that the bills for the 19th of April, 1949, celebration total $1,309.96. Transfer The appropriation approved was $1,200. From advice re- ceived from the Town Accountant.it would appear that a transfer would have to be made from the LeRoy Brown Fund in the amount of $109.96. Mr. Hoyt moved that the Trust- ees of Public Trusts be requested to transfer the sum of $109.96 from the LeRoy Brown Fund. Mr. Driscoll seconded the motion and it was so voted. The Chairman explained that Mr. DeFoe had asked per - Parking mission to have a Mr. Summers, representative of the Park - Meters 0 -Meter meet with the Board. At 8:30 P. M. Mr. DeFoe and Mr. Summers met with the Board. 255 Mr. Summers discussed his meter at length and in- formed the Board that there would be no local represent- tive and lila concern hires no lawyers. When a community does business with a company it is done with the.faet- ory representative. He said that in Massachusetts his company has eighteen installations. The next manufactur- er has something like ten. In New Hampshire there are seventeen installations, sixteen of which are automatic, and out of those sixteen his concern has fifteen. He said that his company has outsold the next competitor, which is Dual, more than two to one. He explained that if the meter is our of order it will refuse money. The price is $57.50 delivered and installed. If the installa- tion is made by the company $4.00 should be added to this price. They also have a cash meter that totals the cash at a cost of $3.50 per meter. Quantity discounts are given in anything over 400 parking meters. Mr. Summers retired at 9:00 P. M. Mr. DeFoe informed the Board that the bid for the construction of a 12" water main on Bedford Street by Charles L. Shea has been studied and it appears that he is the low bidder at a price of $44,900. The Chair- man asked if the contract had been prepared and approved by the Town Counsel. Mr. DeFoereplied in the affirma- tive. Upon motion of Mr. Hoyt, seconded by Mr. Driscoll, it was voted to award the contract for a 12" water main in '-Bedford Street to Charles L. Shea, the low bidder, and that the contract be signed by the Board. Mr. Gay reported that he. and Mr. Nickerson have studied the insurance policies and all those expiring on July first are with agents now in business and eligible for the in- surance with one exception. He stated that Paul R. Hed- erstedt now has a policy in the amount of $45,000. Mr. Gay said he had telephoned the New Hampshire Fire Insur- ance Company and was informed that Mr. Hederstedt is no longer in the insurance business. He is now connected with the Victor Fence Company. Mr. Gay telephoned the Victor Fence Company and was advised that Mr. Hederstedt does work for them, is out of town until after July 4th, and is no longer interested in the insurance business. However, his father has taken over the business and he lives in Belmont. Mr. Gay said he and Mr. Nibkerson are ready to recommend providing Mr. Hederstedt is not in the insurance business, that this police be renewed through the office of Tracy Ames. The Chairman asked if any consideration had been given to Mr. Ernest Rogers and Mr. Gay replied in the negative. Mr. Nickerson said he would like to get the Board's opinion as to whether or not they agree on a policy of more equalization with as few agents as possible. The Chairman stated that from a private business point of view this is highly desirable but there is a question as 256 Purchase of Pipe Approved Water Main Approved Grandview Avenue to how much insurance should be given to any taxpayer who comes in and asks for it. Mr. Gay stated that there will be some policies coming up for renewal which may be placed with other agents. Mr. Albert A. Carson has retired. Me has a policy in the amount of $100;000.00 and Ralph H. Mar- shall, who now lives•our of town, has a policy in the amount of 30,000. Mr. Gosby-also has a policy in the amount of $6,000 and he has moved out of town. Mr. DeFoe reported that Paul Hederstedt's father has been in to see him and asked what was going to be done about the insurance policies. It was agreed to authorize Mr. DeFoe to renew the following insurance policies for five year periods: Agent Amount Tracy W. Ames $ 75,000.00 Norman A. Downs 65,000.00 Robert Whitney 74,300.00 John Lamont 90,000.00 Robert C. Merriam 54,500.00 Samuel L. Fardy 50,000.00 William H. Ballard 38,000.00 If Mr.. DeFoe finds out for certain that Paul R. Hederstedt definitely is no longer in the insurance• business the policy which is now held by him is to be renewed for a five year period through the office of Tracy W. Ames. Expiration Date 7/1/49 n n a n Mr. DeFoerequestedpermission to place an order for one carload of 8" vitrified clay pipe. He reported that he received a quotation from Waldo Bros. of .42 1/2 less 3%. Lexington Lumber Co. quoted .413 less 2%. Mr. Nickerson moved that. Mr. DeFoe be authorized to place an order for one carload of 8" vitrified clay pipe with the Lexington Lumber Co. at the quotation of .413 less 2%. Mr. Hoyt Seconded the motion and it was so voted. Mr. DeFoe reported that he has obtained the signa- tures of Ferry and Hallett for the installation of a water main in Grandview Avenue. Both individuals are building houses. It will require 240 feet of 8" pipe. He explained that he has the pipe on hand and he doesn't think the job will cost more than $600. However, he said adding the cost of the pipe it may amount to about $1,000. Upon motion of Mr. Hoyt, seconded by Mr. Dris- coll, it was voted to authorize the Supt. of 'Public Works to proceed with the installation of a water main in Grand- view Avneue, for a distance of approximately 240•feet. Mrs DeFoe reported that he has obtained approximately two thirds of tie .signatures ( for both money and foota8$ for the installation of a WeiWe. in Tarbeli Avenue. Mr. PENNI 071 1 257 Sewer Nickerson moved that Mr. DeFoe be authorized to proceed Construction with the construction of a sewer. Mr. Driscoll seconded Tarbell the motion and it was so voted. Avenue Mr. DeFoe requested a decision on the location of parking meters and the type to be purchased. Mr. Nickerson reported that he had casually discussed this subject with Chief Bullock of the Arlington Police Department. Arlington uses Dual and has had very little trouble. Mr. DeFoe was instructed to find out whether or not the Park -O --Meter oan be blanked out; whether it is glass or plexiglass, and to inquire about a firm bid of $51.00. Mr. DeFoe re- tired at 10:08 P. M. The Chairman read a letter from Mr. Garrity Suptt. of Parks and P1aygDounds, calling the Board's attention to the fact that one of the trees on the Lexington Common is afflicted with the Dutch Elm Disease. Ha expects to receive a report on this from Dr. McKenzie of the University of Massachusetts. A letter was received from Victor Palermo ofder- ing $25.00 for Lot 24, Block 33, Avon Street. The committee on tax title property thinks it would be Tax Title advisable not to sell any lots in this area until Property it has been determined where Route 128 is to be located. However, if the route does not go through, this indi- vidual would be the logical one to have the lot inasmuoh as he owns the adjacent property. The Clerk was instr- ucted to advise Mr. Palermo that in view of the uncer- tainty at the moment as to the location of route 128 through this general area the Board prefers not to sell this lot. Tree - Dutch Elm Disease A letter was received from Margaret Ivusic, 420 Massachusetts Avenue, offering $50.00 for lot 55 Hillside Avenue. The Committee on Tax Title property Tax Title does not recommend selling this parcel of land until Property after some decision has been made as to what the town is going to do with the lots on Hillside Avenue. Mr. Driscoll moved that the offer be rejected and title to the property be retained by the town. Mr. Gay seconded the motion and it was so voted. The Chairman reported that he had a dismission with Mr. Powers of the Visiting Nurse Association and aaked if he would like to meet with the Selectmen or the Chair- man informally to discuss what the Association wants the town to pay for. He°asked Mr. Powers to get his pro- gram together and send a copy to the Board Of Health, the Appropriation Committee and the Board of Selectmen. The Chairman informed the Board that Roger Greeley has conferred with Mr. Lynch relative to the bids for V. N. A. 258 alterations on the Cary Memorial Library. The Chairman also talked to Mr. Lynch today. Mr. Lynch advised him that it is all right to proceed. He does not think there is anything complicated in the question raised by Mr. Burns, one of the bidders. He reminded the Board that the low bidder for the Library alterations, according to the opening of bids last week, was Chandler Construction Company, 45 Newbury Street, Boston, whose bid was 03,975.00, alternate proposal "A" $700 additional, alternate proposal "B", no charge. Upon motion of Mr. Nickerson seconded by Mr. Gay, it was voted that the Board of Selectmen select the lowest bidder as the one to whom the contract for the remodelling of the Cary Memorial Library will be awarded. It was further voted that if any sub -bid is rejected for any valid reason that there be the proper substitution of a proper sub -bid" and if the low bidder is willing to accept the substitution the con- tract will be awarded to him and will be signed by the Selectmen as soon as it is prepared and approved by the Town Counsel. It was decided to hold the next regular meeting of the Board on Monday, July llth. The meeting -ad- journed at 10:55 P. M. >41/"Allelec en