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HomeMy WebLinkAbout1949-11-07414 Claim for Damages Barnes Property vacated by Army Dump (Sidewalks Street ',Lighting SELECTMEN'S MEETING November 7, 1949 A regular meeting of the Board of Selectmen was held in the Selectmen's Room on Monday evening, November 7, 1949, at 7:00 p.m. There were present Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt. The Clerk, was also present. Mr. Joseph H. DeFoe, Supit. of Public Works, met with the Board. A letter was received from Dr. Lawrence K. Pious, together with a bill in the amountof x¢18.08 for repairs to his care. Coctor Pious stated in the letter that during the period of time the water main was being installed in Bedford Street his care sunk into a hole caused by a wash- out and r euslted in a broken right spring. He would like to know if the Town or the Contractor can be held liable. The Chairman referred the letter to Mr. DeFoe and asked that he submit a complete report to the Board. A letter was received from the U. S. Army Engineers ad'isir;g that the premises at 1556 Massachusetts Avenue, occupied by the Recruiting Service, is no longer needed. The Chairman read a letter from Peter Helburn re- ferring to the dump on Lincoln Street and "the attendant. It was agreed that Mr. DeFoe would call Mr. Helburn on the telephone and discuss the matter with him. Mr. DeFoe reported that he has had sidewalks at 18 Taft Avenue and 5 Cherry Street repaired. He now finds there are a great many other sidewalks in this area which are in a deplorable condition. He stated that he has not been requested by the abutters to make any repairs but in asmuch as he knows the condition and has sufficient fonds he thought he should take care of them. It will cost ap- proximately $700. He said in discussing this with the Town Counsel, if someone is hurt and the town has not been noti- fied of the conditions, the liability is questionable. The Chairman said that if the town is in any way responsible and Mr. DeFoe knows and r ecognizes the conditions to be dan- gerous, presumably they should be taken care of even if it requires asking for a transfer. The Board had no objection to having the sidewalks repaired. Mr. DeFoe requested permission to make a change in the hours of street lighting. He explained that this is some- thing in which the Chief of Police is very much interested. Normally the lights come on soon enoigh in so far as traffic is concerned but when the weather is overcast the Chief feels if the lights came on ten minutes earlier it might make quite a difference. The Chairman asked if Mr. DeFoe had any idea as to what it would cost to have the lights on 15 minutes earlier and he replied in the negative. The Chairman asked if the proposed` lighting would be set or for only certain nights. Mr. De - Foe replied that he thought it would have to be steady lighting and would have to be done all over town with the possible exception of Lexington Center. Mr. Nickerson asked if the schedule were changed and the lights came on 15 minutes earlier, how long a period of time it would affect. Mr. DeFoe replied that it would be for about five months. He agreed to submit furtherdetails on the subject next week. A letter was received from the Appropriation Committee stating that they would like to have a loud speaker available for all town meetings'if possible. Mr. DeFoe agreed to see what he can do about obtaining the loud speaker for the Special Town Meeting this month and report to the Chairman. Mr. DeFoe retired at 7:10 P. M. Action taken on items by Chairman at meeting with Mr. DeFoe November 7, 1949, at 8:30 A. M. 1. Request for sidewalks by Mr. Tropeano and Mr. McArdle, Vine Brook Road. Authorized including sidewalk for sewer easement. 2. Breakdown of costs of various In Ledgelawn Avenue area. Ledgelawn Avenue Liberty Avenue Hillside Terrace Braemore Terrace Hamilton Road proposed streets 02,025 18,300 1,800 4,200 8,025 415 Loud Speaker for Town Meet- ings 3,. Request for extension of water mains from 25 Blossom Street to 246 Concord Turnpike. Authorized to write letter advising that the installation of water mains will be considered in 1950.budget. 4. Report on proposed purchase of new roll screen for Estabrook Hall. Authorized to purchase with budget funds for Town Offices and Cary Memorial Buildings , 5. Request to add hot top sidewalk work on westerly side of Waltham Street to P. I. Joyce contract. Authorized to negotiate with Joyce and add to contract. 416 Select- men's to be private Transfer Town Coun- sel Suggestion Hearing Hearing Sign Hillside Avenue Deed The Appropriation Committee voted to request the Selectmen to hold executive sessions whenever they are in joint meeting with them. The Chairman explained that he had acknowledged the letter and stated that the pos- ition taken by the Appropriation Committee is sound and the Board would see to it that in the future the meetings will be held without visitors. He further explained that he had sent a copy of the letter to Mr. Adams. Uponmotion of Mr. Nickerson, seconded by Mr. Driscoll, it was voted that Selectmen's meetings be considered private except when hearings are scheduled. The Chairman read a letter from the Appropriation Com- mittee advising that a transfer of $1,000 had been made to the Law Department - Special Fees. The Appropriation Committee recommended that a survey be made of reputable lawyers to ascertain if they might be desirous of the position of Town Counsel at a flat fee and take what cases may come along. .& notice was received from the Department of Public Utilities advising that the Lovell Bus Lines, Inc. has petitioned for a certificate of public convenience and necessity for the operation of motor vehicles for the carriage of passengers for hire over the following public ways in the Town of Lexington: "From the intersection of,Massachusetts Avenue and Pleasant Street, over Pleasant Street to Watertown Street, and the Cambridge -Concord Highway in both directions". The hearing will be held on Monday, November 21, at ten o'clock in Room 1661 @tate Hpise, Boston. A notice was received from the Department of Public Utilities upon the petition of the Lovell Bus, Lines, Inc. for the removal of the restriction contained in certificate of public convenience and necessity for the operation of motor vehicles for the carriage of passengers for hire, issued July 29, 1949, reading as follows: "Provided that when operating under authority of this certificate each trip shall be operated in its entirety between the Bedford Airport and the carrier's terminus in Cambridge via the Marrett Road route, so called". The hearing will be held on Monday, November 21, 1949, at ten o'clock, Room 166, State House A letter was received from the Town Counsel to which was attached a deed conveying Lot 55 Hillside Avdnue to Margaret E. Ivusic. The Town Engineer has drawn a plan showing lots 54-55-56 consolidated into a single lot. The Town Counsel has incorporated in the deed a restriction to the effect that only one residence shall be erected on the consolidated lot. Upon motion of Mr. Gay, seconded b Mr. Nickerson, it was voted to sign the deed and have it recorded with the plan. CC, Osseml PRI 1 417 The Chairman read a letter from Eugene Buckley with reference to Mr. Sla ter's conducting a business at 2 Grant Complaint Place. A letter was. also received from Mr. Lindstrom sub- - zoting mitting further information on this subject. Mr. Driscoll regulation agreed to contact Mr. Buckley and discuss this matter with him. A letter was received from the Lexington Chamber of Commerce requesting permission to run wires on the Edison poles for Christmas lighting decorations. The use of the Permit poles has been granted by the Boston Edison Company. Upon motion of Mr. Gay, seconded by Mr. Hoyt, it was voted to grant the request subject to the approval of tis& Chief: of the Police Department and the Deputy Chief of the Fire De- partment. The Chairman reminded the Board that on Wednesday, November 9th there would be a hearing at the Department of Public Utilities relative to the cancellation of cer- tain trains in Lexington. He explained that the Town Counsel is of the opinion that unless a substantial number of people protest it is useless for the Town to attempt to have the trains replaced. Only three individuals have called the Selectmen's Office stating that they would attend the hearing. Mr. Hoyt stated that Mr. Ferdinand Smith and Guy Larcom had called him and the Chairman reported that Chester Earle had agreed to attend. Mr. Nickerson moved that the Town Counsel he advised to cancel the hearing because of the lack of interest shown. Mr. Hoyt seconded the motion and it was so voted Hearing B & M trains cancelled At 7:30 P. M. bids were opened for the completion of Sewer Contract "B". Mr. DeFoe, Sup+t. of Public Works, Mr. Lun- drigan, Engineer for Metcalf.& Eddy, Tracy W. Ames, and Bids eighteen other individuals were present for the opening. Opened Bids were received as Follows: Ctfd. Check Bid Time Rosa & Tadisco Con. Co. ; 2,000 $63,x.00 110 days Dingley Contracting Co. 2,000 59,770.00 240 '" Richard White Sons. Inc. 2,000 58,942.00 240 days Ramo Contracting Co. 2,000 49,865.15 120 days A. Grande 2,000 84,424.00 550 days A. Baruffaldi Co. 2,000 62,104.50 150 days C. Justino, Inc. 2,000 85,796.25 00 C. DiUartini Sons 2,000 74,652.00 180 days N. Cibotti & G. Andreassi 2,000 75,230.50 150 days M. Scioletti & Sons 2,000 68,576.00 165 days Mr. DeFoe stated that the Board hasthe right to hold the checks for three d ays and he recommended that this procedure be followed until the bids have been analyzed. The Chairman informed the group that he did not know whether or not the contract would be between the Town of Lexington and the successful bidder or be- tween the Casualty Company and the successful bidder. 418 Assessors Liberty- Ledgelawn Committee He asked if there was any one present who was not willing to have the bid used with the bonding company instead of the Town of Lexington. No one made any com- ment The Chairman said that the Board would consider the bidders willing to have the bid accepted and enter into a contract with either the Town of Lexington or the bond- ing company. The bidders retired at 7:55 P.M. Mr. Lundrigan of Metcalf & Eddy took the bids with the approval of Mr. DeFoe to have them analyzed. They retired at 8:00 P.M. Mr. Leland Emery, Chairman of the Board of Assessors, and Mr. Shanahan, a member of the Board of Assessors, met with the Selectmen and discussed matters pertaining to their Board. They retired at 8;30 P. M. Colonel Burton B. Bruce, Dr. Larence Hunt, Richard B. Plaisted and Maspn L. Bennett met with the Board. The Selectmen explained that the Board is going to recom- mend the construction of all streets upon which hearings were held October 24th. He said that possibly Liberty Avenue would be taken up last. He explained that where slope easements are needed the Board will expect to obtain them free of charge and no construction will be started until all easements are signed. He explained with reference to the corners of Liberty Avenue and Braemore Terrace that the Engineers have kept away from the hilly side in order to eliminate slope easements and to keep away from as much ledge as possible, but the easements will have to be ob- tained b of ore the streets are constructed. Be informed the group that the Town will put the grader in this fall, fill up the holes and make the streets at least passable for the winter. The Chairman stated that in view of the protest by Mr. Schector the Board still feels that the Engineer's plan is correct and they are, therefore, staying with the layout as submitted by the Engineer. He stated that it will be a 24' pavement and the streets will be hot -top. He explained that the Planning Board will oppose any attempt to have the streets con- structed 18' in width. He said in fact he did not think that could be done because the plans as made by the Town Engineer must be voted or turned down. He explained that the Selectmen. will put the motion and state that the Board is of the opinion that the streets are a disgrace and should be constructed now and will strongly recommend that they be accepted. He said that beyond that there is very little the Board can do if people who are opposed fight it from the floor. He reminded the group that it will take a 2/3 vote because of the bonding issue. Mr. Nickerson called the group's attention to the fact that if there is much opposition the entire project is in jeopardy. CD onrj 1 1 419 Colonel Bruce said that everyone on Liberty Avenue has been canvassed and at the present time there are 17 in favor and 8 opposed (this is lots). Colonel Bruce asked if the town would prepare the proper type of legal documents for slope easements so that his committee can have them signed. He asked if the pro- ject would be held up if 100% of the slope easements were not obtained. The Chairman replied that it would depend upon how important they are and said that Mr. Burns, the Town Engineer, should be consulted. He said that if the Town Meeting accepts the streets next Monday night, they will be accepted from that time on, but as far as construction is concerned, it is not the Board's present intention to do any work until all slope easements are signed. Mr. Nickerson informed the group that it would not be necessary for them to have the easements signed, the Town Engineer will take care of this. The Chairman explained that any money spent on these streets this winter will be wasted insofar as the construction in the spring is concerned. The group retired at 8:50 P. M. The Chairman explained to the Chief that Officer John A. Russell met with the Board last week with reference to Police being promoted to the position of Sergeant. He stated that, Dep+t. as he understands it, the Chief was faniliar with the fact that Officer Russell intended to discuss this subject with the Board. The Chairman said that the situation, as it is at present, does not seem very satisfactory inasmuch as Officer Russell't statem ents are in the records, but there is nothing in the records as an expression from the Chief as to his attitude. The Chief said that at the present time he has not reached a maximum number of men, to have the Department function as he wants it, and he is not asking the Board to appoint a Lieutenant or a Sergeant. The Chairman asked if he meant he was not ready to askii for a Sergeant and a Liettenant and the Chief replied in the affirm- ative. Further discussion on the subject was deferred until after the Special Town Meeting. Chief Rycroft retiredat 9:15 P. M. Mr. Leland Emery, Chairman of the Board of Assessors, beturned to the meeting. The Chairman explained that the Selectmen are very much sold on the change in the number of Assessors. Mr. Emery said that he has never worked on a three man Board so he only knows one-half of the story. He said that he was in favor of the five man Board, but he will not argue about it. He said that Mr. Spencer has been on both three and five man Boards and can see no difference. Assessors 420 Miss Ready+s Salary The Chairman said that the Selectmen think the town is too big to continue on basis where men are responsible for doing a job which should be done well, but which to do well requires a lot of day time work. He said that properties should be viewed in daylight. Mr. Emery agreed. The Chairman said that the Board feels that to have the job done the best it can, it should be done by people who are paid enough to give a substantial amount of their day time to the job. He asked, if the above is accepted as a premise, how many men are needed to do the job. He reported that in 37 towns in eastern Massachusetts, with population from 10,000 to 56,000 there are 18 with a three man Board, part time; 12 with 3 man Board, 1 full time and 2 part man Board full time; 1 with 5 man Board, 1 full time and 4 part time. He said it would seem, from the experience of other towns that a three-man Board is the thing to have. Mr. Emery said that he believed more would have been accomplished had the Board of Assessors worked on Saturdays and had not stopped work so early. He stated that he is not dead set against a three-man Board. He said that he has had experience only with a five -man Board and the other may work very much better. The Chairman stated that with a three-man Board at least two would have to see every piece of property which should result in a more degree of consistency. He said that the Selectmen believe that whoever is on the Board should be paid properly for the time and therefore, the Selectmen do not want to pay any more men than is neces- sary. Mr. Emery said that he thought during thenext few years the town would be able to get considerable day time help for the present rate of pay. The Chairman replied that there are two schools of thought; that there is nothing personal and the Selectmen feel very strongly in favor of the three-man Board. Mr. Emery said that if he had an opportunity to discuss the subject with anyone he never would have opposed it at the last Town Meeting. He said that he had not realized until after the meeting that some serious thought had been given to the matter. Mr. Emery informed the Board that Miss Ready wants an increase in salary to be figured in the 1950 budget. He said that she now receives $41.80 and wants $45.00. He said that she has been with the Board of Assessors for about 30 years and is experienced. The Board can send her,to meetings anywhere in the State. He stated that she is capable and has about five more years before she retired. He explained that Miss Ready approached him on the matter and, therefore, he felt that it is up to him to find out what the s tory is and be in a position to give her a fair answer. 1 1 421 The Chairman explained that last year a cost -of - living adjustment was made. An attempt was made, insofar as possible, not to have any merit increases. In general merit increased were postponed, but he did not think they could be postponed this• year. He said that he believed Miss Ready could be told that when budgets are considered this year, merit increases, where warranted, will be given consideration. Mr. Emery retired at 9:30 P. M. The Chairman read a letter from Eugene Buckley and one Zoning from the Building Inspector with further reference to Mr. Complaint Slater's activitied at 2 Grant Place. It was agreed that Mr. Driscoll would contact Mr. Buckley and report to the Board. An application was received from the Veterans of For- eign Wars requesting permission to conduct square dances in Cary Memorial Hall on the evenings of November 16, 30 and December 7. Mr. Gay moved that the uses be granted; to be con- sidered three of six uses permitted the organization by vote of Town Meeting. An application was received from the Boston Market Gardeners Association requesting permission to conduct a luncheon and meeting in Cary Hall on Saturday, December 10, from 10:00 A. M. until 5:00 P. M. Mr. Hoyt moved that the use of the hall be granted free of charge . Mr. Gay seconded the motion and it was so voted. An aPplication was received from the Lexington Club, Inc., for permission to conduct a Children's Christmas Party on Saturday, December 17 from 1:30 to 4:30 P. M. An application was received from the Veterans of Foreign Wars requesting permission to conduct a meeting of the Middlesex County, V. F. W. in Cary Hall on January 22, 1950 from 2:00 P. M. until 7:00 P. M. An application was also received for permission to conduct a banquet in Cary Hall on January 28, 1950, from 7:00 P. M. until 11:45 P. M. Mr. Nickerson moved that both uses be granted free of charge. Mr. Driscoll seconded the motion and it was so voted. The Chairman informed the Board that some inquiry had been made relative to closing the Town Offices on Saturday, following Armistice Day. Mr. Nickerson moved that the Town Office be closed on Saturday morning, November 12, 1949. Mr. Gay seconded the motion and it was so voted. Use of Hall 422 The Chairman informed the members of the Board that he and Mr. Driscoll met with Mr. Lynch, Town Counsel, yes- terday to work on votes for the Town Meeting. Mr. Lynch told them that he wanted the Chairman to announce to the Board this evening that he has decided, without any pos- sibility of changing his mind, that he can no longer afford to be Town Counsel. The work is taking up far too much of his time from the point of view of his business and family. There is nothing else back of his resigning and he said that his relations with the Board have been most friendly and the Board has been most co-operative, but he can't give the time any longer. Mr. Lynch said that he is swamped in his private. business and also in the town's business. For all the time he gives to Lexington, which he is glad to do, he is only paid a very small fraction of what he could make if he were working privately. The Chairman reported that Mr. Lynch does not feel he can afford, in justice to his family, to continue this. He told the Chairman and Mr. Driscoll that his resig- nation must be effective not later than December 31st, but he would be willing to do anything he can to help his successor thereafter. The Chairman said that Mr. Lynch did raise the question as to whether it might not be the time to consider very ser- iously a full-time attorney for the town; a young man who could be here every day and meet with anyone who has any questions and Town work into the postion, gaining experience gradually. If any Counsel cases came up that had to go to Court, the town could engage•a lawyer for trial work. The Chairman stated that Mr. Lynch thinks now is the time to consider a full-time attorney. The Chairman said that it is his definite opinion that the Town Counsel in Lexington for the last three years has been drastically underpaid, regardless of his fees for trial work. He said that it is a question as whether it will be possible to convince, on short notice, the Appropriation Committee or the voters that now is the time to approach this on a full-time basis or engage a part time successor and face the fact that the town will have to start paying a fair price for services rendered. The Chairman stated that the Board must make a very immediate decision either on a temporary or permanent basis. He said that Mr. Lynch had thought of continuing until April 1st, but felt he could not afford to spend even that much more time on the job. Mr. Lynch told the Chairman that the only people who know of this are his wife and his partner but wanted it formally announced tonight. The Chairman said that he did not know what publicity should be given to the matter but the Board would have to do something about it. Mr. Lynch thought, in fairmess, the Board should be told now. The Chairman said that he knows that during the past two years Mr. Lynch has given of his time unstintingly day and night and in his (the Chairman's) opinion Mr. Lynch has done an ex- cellent job as Town Counsel. 0..104 1 1 423 Mr. Nickerson said he knew a man of Mr. Lynch's caliber was making a big contribution on account of civic interest. Decisinn of the subject was held over for one week, but the Chairman was authorized to urge Mr. Lynch to re- main until April first; the fee basis to be worked out with Mr. Lynch. The Chairman reported that he had talked with Howard Custance, Harold Roeder and Lee Tarbox, with reference to the Harmon case, and nowhere did he find any feeling that Harmon there was any indicatiof anyone no,t acting in good faith. Case However,,the_Harmon hos has just bEen sold for 6,500., less broker's fee. Mr. yon had a i'entative agreement to sell the property before the condemnation proceedings for $7,500., and a deposit had been made to bind the sale. Someone in the family of the purchaser died and they asked to be relieve so the deposit was returned. He explained that it was an indication that a buyer might have been found for $7,500 even though the house had been vacant for some time. He said that he did not know whether or not the action taken by the Board has cost Mr. Harmon $1,000, but he is not sure that it hasn't. He said that he would like to invite Pierre Northrup, attorney for Mr. Harmon, to meet with the Board to review the situation, and possibly have Mr. Harmon present at the same time. Mr. Nickerson stated that he would prefer to have Mr. Harmon meet with the Board before Mr. Northrup and without Mr. Northrup. The Chairman explained that he has already talked with Mr. Northrup and told him that he would like to have him meet with the Board after Town Meeting. The matter was discussed at some length and it was agreed to ask Mr. Northrup to meet with the Board on November 21st. The meeting adjourned at 10;50 P.M. OLIFJ 0