Loading...
HomeMy WebLinkAbout1949-09-26 364 SELECTMEN'S MEETING September 26, 1949 f A regular meeting of the Board of Selectmen was held in the Selectmen' s Room on Monday evening, September 26, 1949, at 7 :30 P. M. There wer present: Chairman Emery, Messrs . Gay, Driscoll, Nickerson and Hoyt. The Clark was also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors . Mr. Patrick McDonough, Shipfitter, Woburn Street, Jurors was drawn to serve on Civil Business, Second Session, at Cambridge, beginning November 7th. Mr. Thomas Costello, Traffic Manager, 42 Allen Street, was drawn to serve on Criminal Business, Second Session, at Cambridge, beginning October 10th. Mr. Carroll requested approval of payment of one weeks sick leave to Miss Mary McDonough, former em- Sick Leave ployee in his Department. Mr. Driscoll moved that the Pay payment of one week's additional sick leave be approved. Mr. Gay seconded the motion and it was so voted. Mrs Carroll retired at 7 :32 P. M. At 7 :35 P. M. a hearing was declared open upon the application of W. Stanley Wilson to maintain one under- ground tank for the storage of 500 ga4ons of gasoline Gasoline on premises located at 21 Pleasant Street, Lexington. Hearing Mr. Wilson was the only individual present at the hear- ing, notice of which was read by the Chairman. Mr. Wilson explained to the Board that the gasoline to be stored in the tank would be used for the operation of farm equipment. Mr. Hoyt moved that the application be approved and the license granted. Mr. Gay seconded the motion and it was so voted. Mr. Wilson retired at 7 :40 P. M. Request Mr. Paul W. Franks met with the Board and requested for re- reinstatement to the Lexington Police force. The Chairman instate- asked if Mr. Franks had requested reinstatement before and went to he replied in the affirmative. He said that when he took Police the postien it was his intention to stay on the Department. Force However, personal affairs were such that he sent in his resignation with the intention of going to Miami and joining the police force. His personal problem seems to have been solved and he would now like to be reinstated. The Chairman asked if Mr. Franks had discussed this with the Chief of Police. 365 He said the Chief was not convinced that he would stay in the Department if reinstated. The Chairman said he thought Mr. Franks was correct in that the Chief was in doubt as to whether or not he would really settle down. He reminded Mr. Franks that the Chief warned him when he first became a member of the Department that he would not want anyone in the Department who had inten- tions of leaving. The Chairman said he thought that possibly the Chief felt the same thing might happen again. The Chairman stated that he was not a ttempting to quote the Chief but merely expressing how he felt on the subject. He told Mr. Franks that the Chief had an appoint- ment with the Board this evening at which time his request would be discussed. Mr. Franks retired at 7:55 P. M. The Chairman read a letter from Benedette Cavallero 756 Massachusetts Avenue, stating that he is interested in purchasing the so-called Adams School property adjacent to Adams his land. Because of a vote passed at a town meeting in School 1946 with reference to this particular parcel of land, the Property Board had some doubt as to whether or not the Selectmen have the power to sell it. The Clerk was instructed to obtain an opinion from the Town Counsel. The Chairman read a letter from Mrs. Ernest Outhet, Chairman of the Middlesex County Chapter for Infantile Tag Day Paralysis, requesting permission to conduct a tag day Permit on October 7th for the purpose of raising funds for the Infantile Paralysis Foundation. Mr. Nickerson moved that the permit be granted . Mr. Driscoll seconded the motion and it was so voted. The Chairman read a letter from A. Lee Morris repre- senting the Disabled American Veterans Chapter in Arlington, requaesting permission to conduct a Forget-me-not Drive on Friday evening, October 7th and all day Saturday, October 8th. It was agreed that the Chairman write a letter to Mr. Morris and advise him that the permit has already been granted for a tag day for October 7th and the Board is not in favor of having tag days too frequently or too close together. At 8:15 P.M. Ronald Brown, Chairman of the 175th Anniversary Planning Committee, met with the Board . The 175th Chairman stated that the Selectmen think the report sub- An. Comm. mitted by the Committee is excellent, but there are one Report or two questions . Hes aid that perhaps the first question is whether or not the committee recommends a program of this propor- tion and the approximate cost, or if they are setting it IIup as a possible program. 366 Mr. Brown informed the Board that the committee consisted of fifteen individuals with an average attendance of ten or eleven. So far as unanimity goes it was not unan- imous . He said that he could not state that everyone agreed on everything. However, the report does represent the feel- ing of those members present most of the time . They went through the report, word by word, and anything that did not satisfy a particular individual was discussed right then and straightened out. As far as the magnitude is concerned the committee felt that they could not recommend anything as large as the 150th Celebration. It was v ery definitely the feeling of the committee that the program outlined in the report was satisfactory to them all and if carried through the people of the town would be satisfied. They do not want a large program poorly staged. The Committee tried to be on the positive side and make recommendations and the members thought that the size of the activities recommended is suit- able for the occasion. However, he stated that it is just a report for the Selectmen and if they choose to make any changes there will still be a good program with less activity. The Chairman asked if he understood correctly that Mr. Brown felt that this was not a unanimous report. Mr. Brown replied that all fifteen members were not present at every meeting. He said if they had all been asked to sign the report no one would have refused. He further stated that there might be one or two on the committee who would like to have had a larger program. Mr. Brown said he wanted it very clearly understood that the committee could only guess as to the cost of the proposed celebration. He said, also, that the committee is not interested in any project for the purpose of bringing in revenue. Neither have they given much consideration to co-operating with Concord, feeling that Concord and Lexington should have their down days . Mr. Brown informed the Board that Walker L. Chamberlain submitted his resignation as a member of the committee. Mr. Brown retired at 9:20 P.M. The Selectmen voted to appoint Robert H. Watt, former App' t. commander of the V. F. W. , as a member of the committee of fifteen to fill the vacancy caused by Mr. Chamberlain's resignation. Chief Rycroft met with the Board for the purpose of discussing appointments to the police force. He explained that at the time the temporary appointments were made it was his understanding that those individuals appointed merely had to pass the examination and then automatically became members of the Department. Mrs . Riley, Head Clerk of the Division of Civil Service, informed him this week that under a new ruling those appointed temporarily must be included on the certified list, so that their name will be reached. They are no longer appointed merely because they passed the ex- amination. He explained that no Chief of Police has been not- ified of any change in the Civil Service regulations. i L__ 367 James Burdick and James Corr are numbers one and two, Robert Martin is number five, and Paige Thompson, if put on, will be number nine. Mrs. Riley suggested to the Chief that as long as Paige Thompson is not on the list at all that the Board should write a letter to the Civil Service asking for a thirty day extension for Thompson pending the outcome of his appeal. In doing this Thompson will be taken care of for thirty days more as a provisional appointee. Mrs . Riley also recommended that a letter be written by the Chairman explaining why Martin was appointed even though he is lower on the list than W. F. Stygles. She suggested that the letter state that Martin has been employed by the town as a temporary patrolman and worked in that capacity since June 18, 1949, whereas Stygles has not had sufficient experience to fill this particular vacancy. The Chief further explained that in the near future he would be requesting three additional appointments to fill the vacancies caused by the resignations at which time the Board could appoint Stygles . Upon motion of Mr. Gay, seconded by Mr. Driscoll, it was unanimously voted to appoint the following individuals as permanent members of the Lexington Police Department : James F. Corr, James J. Burdick, Robert F. Martin and Joseph A. Belcastro. (Mr. Belcastro' s appointment is effective October 10, 1949. ) Chief Rycroft informed the Board that he will leave Chief on on his annual vacation on October 2d and recommended that Vacation Sergeant Forrest Knapp be placed in charge of the Depart- ment during his absence. The Board approved the Chief ' s recommendation. The Chairman informed the Chief that Paul Franks met Paul with the Board this evening and requested reinstatement as a Frank member of the Police Department. The Chief a aid he was not re: in favor of establishing such a precedent. He has discussed Police this with Mrs. Franks and also with Father McCarthy, and it Dep'tA is his recommendation not to reinstate Mr. Franks . The Board discussed the matter and felt that it should endorse the opinion of the Chief. At 9:50 P.M. Mr. DeFoe met with the Board. He pre- sented each member of the Board With revised rules and r.egulations pertaining to parking meters . He said that in his opinion the purpose of parking meters is to expedite parking for shoppers and he felt that if anyone desired go park longer than one hour there is ample spaee at. thereare of the Town Office Building. c� 368 Postal The Chief also discussed the time limit and Parking recommended that the one hour parking be adopted Meter in all locations. Upon motion of Mr. Oriscoll, Regulations seconded by Mr. Nickerson, it was voted that the rules and regulations pertaining to parking meters be ap- proved with the maximum parking time of one hour. These regulations, however, are to be approved by the Town Counsel before the traffic rules end regu- lations are amended to include them. Chief Rycroft retired at 10:15 P.M. A letter was received from five residents of the Irvington Park area to which was attached petitions for the acceptance of Ledgelawn Avenue, Liberty Street, Liberty, Hamilton Road and Braemore Terrace. Mr. DeFoe explained Ledgelawn that the next step is for the Board to authorize him to Hamilton & send out assessment sheets for signatures. Mr. DeFoe Braemore agreed to have these sheets prepared for next Monday. He asked what figures were to be used and also inquired as to the width of the streets . Mr. Driscoll said he was very definitely opposed to building streets only 1St in width and Mr. Hoyt stated that he was inclined to agree. Mr. DeFoe explained that the drainage and shoulders would be the same on an 181 street as they would be on a 24' street and the saving would be only $1.50 or $2 .00 a foot. He stated that he certainly would want to have a 24' street. He mentioned the fact that cars always seem to be parked on streets and if the streets are only 181 in width it presents a difficult problem in so far as snow removal is concerned . He said he believes it is false economy to have a street any less than 241 in width. The Chairman gave Mr. DeFoe the original petitions and suggested that he contact the Town Counsel relative to the amounts to be used on the assessment sheets. The Chairman read a letter received from George Rudd Application requesting employment by the town. His application was for position discussed with Mr. DeFoe at length and it was finally agreed that the Chairman would advise Mr. Rudd that there appears to be no position open at the moment, or in pros- pect in the near future. Increase Mr. DeFoe requested permission to increase the in pay for hourly wage rate paid to Eugene Moly. Mr. Nickerson E. Moloy moved that Mr. Moloy' s wage rate be increased from $1.25 to $1.30 an hour, effective Friday, September 30th. Mr. Gay seconded the motion and it was so voted. Mr. DeFoe informed the Board that Mr. York at 24 Hancock Street was in his office today and is very much concerned about the drainage problem in his driveway. He explained the situation to the Board by the use of a sketch and suggested putting in a 24' pipe across the street between the two catch basins . 369 Mr. DeFoe seemed to think that this would help the situation somewhat. The Chairman inquired as to the cost and Mr. DeFoe informed them that it would cost approximately 3285.00 which he would like to charge to the drainage account. The Chairman asked if he had sufficient funds and Mr. DeFoe said that present indications are that he will have enough money. Drainage Mr. Nickerson suggested that this be included in the 1950 budget. The Chairman said that there is a possibility trPt this man could sue the town on a drainage matter. Mr. Driscoll asked if the Chairman felt the work should be done and he replied in the affirmative. Mr. Driscoll moved that the Supt. of Public Works be instructed to advise the owner of the property that an effort would be made to eliminate the problem as soon as possible . Mr. Hout seconded the motion and it was so voted . Mr. DeFoe reported on the estimated cost of sewer and water services for the Veterans ' building on Hayes Water service Lane. He stated that it will be necessary to run ap- to Vet 's. proximately 100' of sewer lateral to serve the building Bldg. free at an estimated cost of $700 plus both services costing of charge $125 . He explained that to install the water alone without sewer service, it w nuld cost about $60. It was agreed that the Supt. of Public Works be authorized to install the water service without charge. Mr. DeFoe explained by the use of a blueprint the report submitted by William H. Ballard relative to the proposed street between the Boston & Maine Railroad and Edison Way. He explained that the yel3ow line shown on the blueprint isr ailroad property which the railroad is willing to deed to the town subject to certain conditions which are outlined in the report. Minot, Williams & Bangs are receptive to deeding some land to the town as is Mr. O' Connell and the Edison Company. Mr. Hunt has not com- mitted himself one way or the other. Mr. DeFoeexplained, however, that Mr. Hunt' s taking is very small, probably- 375 square Peet. The Chairman asked if Mr. Ballard wanted Mr. \DeFoe and Mr. Burns to approve this report from an engineering point of view, particularly with refernce to the snow removal conditions imposed by the Boston & Maine. Mr. DeFoe replied in the affirmative. The Chairman a sked if Mr. DeFoe approved of the blueprint and he replied in the affirmative. The Chairman said he thought Mr . Ballard would like to have Mr. DeFoe contact the Town Counsel to have the necessEry papers drawn up for action at the annual town meeting. The Chairman asked if Mr . DeFoe w anted it to go on record that he and Mr . Burns, the Town Engineer, ap- proved the plan and they do not believe the removal of snow will be too bothersome. 370 Mr. DeFoe replied in the affirmative. The Chairman IIB & M and then asked if the Board desired to instruct Mr. Ballard Edison Way to contact the Town Counsel to have necessary agreements & proposed prepared whereby this entire project may be held for one street year so that it can be submitted presumably at the next annual town meeting for final action. The Board agreed. Mr. DeFoe retired at 11:25 P.M. Legal The Chairman read a letter from Alfred P. Tropeano Claim stating that he represents Walter E. and Sarah E. Bick- ford of 82 Waltham Street in a claim for trespassing resulting from the town's widening of Waltham Street. The Clerk was instructed to forward the communication to the Town Counsel. The Chairman read a letter from Judith Swanson on behalf of the Senior Class of the Lexington High School Permits requesting permission to sell candy at all football games. The Chairman informed the Board that Mr. Grindle had tele- phoned the Selectmen's office today and stated that the School Committee would like this permit granted . However, they are not in favor of granting a license to Richard Campana who applied for a permit last week to sell ice cream at the football games . Mr. Driscoll moved that the Senior Class be granted a permit to sell candy at all foot- ball games held in Lexington. Mr. Gay seconded the motion II and it was so voted. It was further voted to deny Richard Campana's application for permission to sell ice cream a t the football games in Lexington. Dental The Chairman read a letter from Mrs. Arvin I. Philip- Clinic part, Jr. tending her Designation as a member of the Dental resigna- Clinic. Mrs . Philippart has recently moved at Bridgewater. tion The Clerk was instructed to include this on thea genda at the next meeting of the Board at which time consideration will be given to filling the vacancy caused by Mrs. Philip- part's resignation. Legal - The Chairman informed the Board that the Town Counsel Welfare in checking the estate of Elizabeth Tribuna, a former wel- Dep►t. fare recipient, has received an offer of 42,500. as reim- bursement to the town as aid given to Mrs. Tribuna during her life time. Mr. Lynch recommended that the case be setteled for this amount. Upon motion of Mr. Driscoll, seconded by Mr. Nickerson, it was voted to authorize the Town Counsel to settle the claim of the Town of Lexington against the estate of Elizabeth Tribuna for welfare payments made to said Elizabeth Tribuna in her ifetime for 42,500. v The Chairman informed the Board that the petition of II Victor H. Harmon for a jury trial was returnable to the Middlesex Superior Count on Friday, September 23d. The Jury Case court ordered the case placed on the jury list for the week of October 3, 1949. IL_ 371 At a conference between the Town Counsel and Judge Pierre Northrop the question of the town waiving the forfeiture penalty imposed by statute was discussed. Waiving The penalty as subscribed by statute amounts from $10.00 of to $50.00 a day for each day the property remains in a Penalty dangerous condition after the Building Inspector has ordered the property put in a safe condition. Inasmuch as the property has been unoccupied since the condermation of it, the Town Counsel feels that the town has not in any way been prejudiced and that it is in order to waive the forfeiture provision. The Town Counsel explained in a letter to the Board that Victor H. Harmon is not making any claim for danages as the result of the condemnation proceed- ings and if the Board votes to waive the forfeiture provision the case would proceed to trial before a jury solely on the question as to whether the building is in fact unsafe and der/erous, with no damages awarded to either side regardless of the outcome. Upon motion of Mr. Hoyt, seconded by Mr. Gay, it was boted to waive the forfeiture penalty imposed by statute as recommended by the Town Counsel. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it Licenses was voted to grant the following licenses : Lexington Theatre, Inc. Sunday Movies Countryside Associates, inc. Sunday Golf An application was received from the Sacred Heart C. Y. 0. requesting permission to conduct a Harvest Musical Use of in Cary Hall on the evening of November 3d . Mr. Driscoll Hal moved that the use of the hall be granted subject to a charge of $35.00. Mr. Gay seconded the motion and it so voted. An application was received from Mr. Garrity on behalf Use of of the 4*H Club requesting permission to conduct a meeting Hall in a Conference Room on the evening of October 13th. Mr. Driscoll moved the use be granted free of charge. Mr. Nickerson seconded the motion and it was so voted. An application was received from Lexington Post #3007 Use of V. F. W. requesting permission to hold a meeting in Esta- Hal. l brook Hall and Conference Room on the evenings of October 4th and 19th. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to grant these uses of the hall free of change. An application was received from the Lexington Field & Garden Club requesting permission to conduct a meeting Use of in Estabrook Hall on the evening of October 3d. Upon Hall motion of Mr. Nickerson, seconded by Mr. Gay, it was voted I II to approve this application, free of charge. 3'720.4' The Lexington Historical Society's request with reference to the American Flag from the battleship Lexington was held over from the last meeting. Upon motion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted that the flag presented to the town by the U. S. Navy be turned over to the custody of The Historical Society subject to recall by the Board of Selectmen at any time. Petition The Chairman informed the Board that the Town Counsel re dis- had sent to the Board a copy of the petition of the Tom, continuance of Lexington to the Department of Public Utilities with of trains reference to the discontinuance of certain trains by the Boston & Maine Railroad. He -explained that the petiton would be on file at the Selectmen's Office if anyone cared to read it. Fire The Chairman said that the Lexington Fire Department Dept. would like permission to use the area in the rear of the Town Office Building for domonstrations in observance of Fire Prevention Week. The Board had no objedtions provided the matter was cleared with the Chief of Police. The meeting adjourned at 11:55 P.M. erk, S ectmen