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HomeMy WebLinkAbout1943-02-08157 SELECTMEN'S MEETING February 8, 1943 A regular meeting of the Board of Selectmen was held on Monday evening, February 8, 1943, at 7:30 P.M. Chairman Giroux, Messrs. Potter, Rowse, Locke, and Sarano were present. The Clerk was also present. At 7:30 hearing was declared open upon the petition of the Boston Edison Company and the New England Tele- Pole phone and Telegraph Company for joint locations of the Locations following poles: hearing Marrett Road, approximately 75 feet southeast of Steadman Road, - 1 pole guy wire and anchor From pole located in Centre Street at Ward Street, - install guy wire and anchor. No persons appearing in favor or in opposition, the hear- ing was declared closed. Upon motion of Mr. Rowse, seconded by Mr. Potter, it• was voted to approve the requested locations and sign the orders. At 7:45 P.M. hearing was declared open on the written complaint received from one Madeleine Towle of 23 Hilltop Avenue against two large dogs; one owned by Walter Allen, 475 Waltham Street, and one owned by John Keenan, 487 Waltham Street, Approximately 18 persons appeared at the hearing. Dog Officer John Russell also was present. Previous to the hearing, the Board had received a report of the complaint registered by Mrs. Towle from Officer Russell. The Chairman said that because of the complaint of Mrs. Towle and several others against these two large dogs, this hearing was to be held under the laws applying to dogs; therefore all those making the complaint were to do so under oath. Mrs. George W. Towle, 23 Hilltop Avenue, stated that her dog was badly mutilated. She had to have a veterinary from Concord attend the dog, and he was unable to save his life. She also told that the two dogs belonged to Mr. Allen and Mr. Keenan. Mr. Daniel J. O'Connell said that this was merely hearsay, that she hadn't actually seen the dogs. The Chairman said that they would listen to all the evidence, perhaps some that would be hearsay. The Chairman asked if the Board wished to question Mrs. Towle Hearing on Dogs 158 but no member had any questions to ask. The Chairman said that he understood Mrs. Towle to say that her dog had been seriously injured by two dogs, and he asked her if she saw this happen. Mrs. Towle replied that she hadn't seen anything. The evidence was a report re- ceived from her daughter and one Douglas Sweetser. The Chairman said that the Board would hear any other individual who wished to register a complaint against either or both of these dogs. Mrs. Charles Rice of 282 Marrett Road, under oath, stated that she was new in the neighborhood, and shortly after she arrived her dog, a valuable show specimen, was attacked by two other dogs in her backyard. She said that she chased the dogs off and described them to a neighbor who identified them as the dogs belonging to Keenan and Allen. She said that her dog has since been attacked twice, but she did not see these last two attacks. She said at the time she wanted to complain, but the neighbors advised that they had never been able to get any satisfaction concern- ing these two dogs. The Chairman asked the Board if they had any questions, but there were none. Mrs. Louise J. Carter of 292 Waltham Street, under oath, stated that four years ago her dog was attacked by two large dogs. Upon inquiries, she found out that the dogs belonged to Walter Allen and John Keenan. She said that she called Mrs. Allen Christmas morning, and that Mrs. Alien said that she was sorry but didn't see what she could do about it. Mrs. Carter said that she dropped it there and made no more complaint. Mrs. Arthur Baker of 44 Bridge Street stated, under oath, that last summer two dogs attacked her cat on her own porch and broke the cat's back. She stated that she didn't know to whom the dogs belonged, but a neighbor who had lived there for many years told her that the dogs belonged to Mr. Allen and Mr. Keenan. Mrs. Baker stated that she called Mrs. Keenan who said that she was very sorry. Mrs. Baker said that she did not know either the Keenan's or the Allen's, but the dogs' are constantly around her property. The Chairman asked her who the neighbor was who identified the dogs as being Allen's and Keenan's, and she said it was Mr. Charles Albert of 40 Bridge Street. Mrs. Arthur E. Locke of 64 Farmcrest Avenue declared, under oath, that while she was riding her bicycle a dog. came out from the Keenan home and, grabbed her by the ankle, scratching her leg. She did not know who owned the dog, but from inquiries found out that it was Mr. Keenan's dog. Mrs. George E. Swanson of 449 Waltham Street declared, under oath, that she had three cats killed by these two dogs. The Chairman asked her if she saw the dogs, and she said that she had on two occasions. Mrs. Laurina Wilson abj 1 159 of 479 Waltham Street declared, under oath,that she had seen both dogs nearly kill a younger dog across the street from where she lives. The Chairman asked her if she knew the dogs, and she replied that she knew them very well. Mr. Robert Eldridge of 495 Waltham Street declared, under oath, that these dogs had been a nuisance for a long time. He said that if the Board did not restrict the dogs, he was going to enter a formal complaint. The Chairman said that the Board did not know at the time what action would be taken. Mr. Eldridge said that he was not referring to the temporary order, but that these dogs had been a nui- sance for years. The Chairman asked if there were anyone else who wished to speak for the complainant. There being no others, he stated that they would now hear those who wanted to ex- press reasons they might have against taking further action relative to these two dogs. He stated he thought it was only fair to advise that the Board was acting under Section 157 of the laws applying to dogs. The Chairman read the Section to the group present. The Chairman asked all those wishing to be heard as to why the dogs should not be restrained or disposed of to rise and be sworn under oath. The Chairman asked Mr. O'Connell if he were representing anyone present. Mr. O'Connell replied in the negative. Mr. John H. Keenan of 487 Waltham Street said that the complaints made here seemed to run back several years. He stated that three or four years ago the dog was only a pup, and that as far as he knew the dog had never bitten anyone. He stated that the dog did chase cars, but he didn't believe anyone could prove that they actually saw the dog kill Mrs. Towle's dog. He said that as far as the complaints went, it was news to him, and no one had ever gone to him and told him. Mr. Potter asked if he had ever had a complaint made to him about the dog. Mr. Keenan replied that some woman had spoken to Mrs. Keenan, and that nothing was done about it at, the time. He said that if anyone had gone to him, he would have gotten rid of the dog. Mr. Potter said that a complaint had been made, then. Mr. Keenan said that one had been made on the telephone to Mrs. Keenan. Further evidence was heard from Mrs. John Hodgdon, Mrs. George Gale, 430 Massachusetts Avenue, and Mrs. Vincent Fopiano of 74 Middle Street. These three persons are Mrs. Allen's daughters. They all stated that the dog was gentle and to their knowledge had never done any damage. At 8:30 P.M. a recess was declared. At 8:33 P.M. the Board reconvened. The Chairman said that a number of people had asked to be heard again but each side had been given an opportunity to be heard, and therefore the Board could see no reason for going back over the matter. 160 He said that he believed the Board had had a broad picture presented to them on both sides, therefore the formal hear- ing was declared closed. The Chairman asked Mr. O'Connell if he wished to make any remarks. He replied that he didn't believe that the dogs should be killed from the evidence heard tonight. He said no evidence has ever been given to the Police stating that the dogs were vicious or a nuisance. The Chairman said that pending a decision of this Board, Mr. Allen and Mr. Keenan were being asked to consider the dogs under re- straint until a formal order had been passed. At 8:40 P.M. the hearing Was declared closed, and the group retired. Officer Russell informed the Board that Mr. Keenan had disposed of the dog today through the Animal Rescue League. The Chairman instructed Officer Russell to obtain a record from the Animal Rescue League that the dog had been dis- posed of. The Chairman said pending official confirmation relative to the Keenan dog, the Board would take no action. In the case of the dog said to belong to Mr. Walter Allen, upon motion of Mr. Potter, seconded by Mr. Rowse, it was VOTED: That the Board of Selectmen hereby order that the dog said to belong to Mr. Walter Allen be removed from the property and the neighborhood of 475 Waltham Street, Lexington, within 48 hours from receipt of this notice, and if this is not done, the Board will order the dog disposed of. Officer Russell was instructed to serve this order on Mr. Walter Allen Tuesday morning, February 9, 1943. Upon motion of Mr. Rowse, seconded by Mr. Saran , it was further voted to instruct Officer Russell as follows: in the event that Mr. Walter Allen of 475 Waltham Street, Lexington, fails to carry out the order. of the Board of Selectmen in relation to the dog, said to be owned by him, you are hereby ordered to dispose of such dog after the time described in the previous order has elapsed. Officer Russell retired at 8:50 P.M. The Chairman informed the Board that Miss White of the School- Hancock School had requested 50 Town maps for school work. Town Maps The Board had no objection to letting Miss White have these maps. At 8:51 Mr. Paxton appeared before the Board. Fire The Chairman read a letter from Mr. W. S. Couette on Ordinances fire ordinances and laws. It was decided to turn the litera- ture over to the Board of Fire Engineers for study and recom- mendation. Mr. Paxton said that Mr. Grindle had requested the use' ^7 1 1 of Cary Hall on February 22,23, and 24 from 9:00 A.M. to 6:00 P.M. for registration. Upon motion of Mr. Potter, seconded by Mr. Rowse, it was voted that the use of the Hall be granted free of charge. Mr. Paxton said that the agreement Mr. Wrightington had presented in connection with the George E. Rogers claim was one where the Town would pay $225.00; $150.00 for a new wall, 025.00 for bed work, 025.00 for tree, and $25.00 for land. There is a stipulation in the agreement Rogers that If the Town ever constructs a sidewalk, Mr. Rogers claim would have to construct the wall, and he did not approve of this agreement. Mr. Paxton said that Mr. Rogers' attitude was under- standable, but on the other hand $150.00 for the wall at the present time was too much to pay. He said that if $50.00 was taken off the wall construction, which he thinks is fair, he believed Mr. Rogers would settle for a total of 0175.00. Mr. Paxton informed the Board that Mr. Wright- ington thinks this is the most economical method to handle this situation. 'Mr. Potter moved that the sum of $175.00 be approved in full settlement of all present and future claims. Mr. Locke seconded the motion, and it was so voted. Mrr Paxton informed the Board that he was having a difficult time to obtain a meter reader. He said on the basis of the Barnes' property being closed and less uses of Cary Hall, perhaps Mr. Rochette could work two weeks Meter of each month reading meters. He stated that this would reader be agreeable to Mr. Rochette. He explained, however, that Mr. Rochette would like to have precedence over anyone else when the Barnes property is re -opened after the war. Upon motion of Mr. Rowse, seconded by Mr. Locke, it was voted to authorize. Mr. Paxton to employ Anthony Rochette as a meter reader•in the Water Department two weeks out of each month; the remaining two weeks to be devoted to work in the Town Office Buildings, Mr. Rochette is to have precedence over anyone else when the Barnes property is re -opened. It was also voted that his salary would be paid at the rate of $27.00 per week on both jobs. 161 Use of hall Mr. Paxton stated that in the past fifteen months there had been six or seven changes in personnel in the Public Works Office. He explained that the burden of training new clerks falls on the Senior Clerks. He is recommending $25.00 per week for both of these girls. The Chairman informed him that this would be considered when they discussed budgets. Increase in pay 162 Mr. Paxton said that he had granted a request re - Loan of ceived from the Town of Billerica for the use of the Tractor Cle-Trac. Mr. Rowse moved that the action be approved. Mr. Sarano seconded it, and it was so voted. Mr. Paxton retired at 9:50 P.M. Mr. Rowse informed the Board that James Collins of the Public Welfare ,Department expects to leave in a few weeks Welfare to accept a war job. He believed that Mr. Morse should re - Dept. ceive a $4.00 increase, and the three clerks in the office should receive a $2.00 increase, and that Mr. Morse had made the budgets up on this basis. Mr. Morse appeared before the Board at 9:55 P.M. and retired at 10:00 P.M. Mr. Locke retired at 10:10 P.M. Letter was received from the V.F.W. requesting that an article be placed in the Warrant of the Annual Town Meeting permitting the transfer of the so-called old Adams School property to Lexington Post #3007, V.F.W. V.F.W. Upon motion of Mr. Potter, seconded by Mr. Rowse, it land was voted to have Mr. Wrightington draw up the requested Transfer article. The Clerk was instructed to write the Commander stating that some member of the organization would be ex- pected to explain the article for the Town Meeting. The Commander was requested to notify the Board who the spokes- man would be on the Town floor. Letter was received from the Board of Fire Engineers relative to the McLaughlin bill for his services in con- McLaughlin vection with recent Fire Department matters. bill Mr. Rowse moved that this be held over for one week, and that Mr. Wrightington be requested to attend the meet- ing on Monday, February 15 at 7:30 P.M. Mr. Sarano seconded the motion, and it was so voted. A bill in the amount of $70.20 was received from Francis J. Hunt for reporting and transcribing the hearing before the Board of Selectmen and the Board of Fire Engin- eers. Mr. Potter moved that the bill be approved and charged to the Law Department -Expenses. Mr. Rowse sec- onded the motion, and it was so voted. The Chairman said that on Saturday morning, Mr. Rowse had received in his hands a letter addressed to the Board of Selectmen from Chief Sullivan of the Police Department, in which he stated: "I hereby request to go on retirement, effective March 6, 1943." Hunt bill Chief Sullivan retirement okj 1 163 The Chief explained to Mr. Rowse that he had an op- portunity to leave for Florida with his son on Monday, Feb- ruary 8, and he asked if it would be possible to go on a leave of absence. Mr. Rowse contacted Mr. Sarano and Mr. Locke, He was unable to reach Mr. Potter or Mr. Giroux. These two gentlemen, and Mr. Rowse, agreed to a leave of ab- sence. On Sunday, February 7, the following letter was sent to Chief Sullivan under date of February 6: February 6, 1943 Mr. James J. Sullivan Chief of Police Lexington, Mass. Dear Chief Sullivan: This will acknowledge your letter of February 6, 1943 in which you request retirement as Chief of the Poliee Department effective March 6, 1943. The Select- men will place the question of your retirement on the town warrant and will recommend to the Town Meeting that your retirement be voted at one half pay effective March 22, 1943. You are hereby granted a leave of absence at full pay from February 7, 1943 until March 22, 1943. With all good wishes. Yours very truly, /s/ A. R. Giroux ARG:M Chairman,Selectmen. The following letter was sent to Sergeant John C. Russell: February 6, 1943 Sergeant John C. Russell Lexington Police Department Lexington, Massachusetts Dear Sergeant Russell: Chief James J. Sullivan has made formal request for retirement effective March 6, 1943. The matter of his retirement will be brought before the Town Meeting on March 15-i 1943. Effective immediately, you will take full charge of the Police Department until further notice. Should you 164 have any desire to discuss Police Department matters with the Board of Selectmen, please do not hesitate to come before us. Yours very truly, /s/ A. R..Giroux ARG:M Chairman,Selectmen. Mr. Potter moved that the informal action by tele- phone is hereby ratified. Mr. Sarano seconded the motion, and it was so voted. Upon motion of Mr. Rowse, seconded by Mr. Sarano, it was voted to grant the request of the Lovell Bus Lines for permission to operate busses for hire in the Town of Lexington over the following route: Lovell From the junction of Marrett Road and Lincoln Bus Street over School Street to Massachusetts license Avenue over Massachusetts Avenue to the junction of Massachusetts Avenue and Lincoln Street and return over the same route." Deeds Signed Upon motion of Mr. Rowse, seconded by Mr. Sarano, it was voted to approve and sign the deed to the parcel of land located on Woburn Street, Lexington, formerly in the name of Charles W. Ryder, transferring same to Andrew Cupp of 86 Woburn Street, Lexington. Upon motion of Mr. Rowse, seconded by Mr. Sarano, it was voted to approve and sign the deed to Lot 33 Moreland Avenue, transferring same to Joseph and Martha A. Yntas of 40 Moreland Avenue. Mr. Rowse moved that the Sunday Theater license re - Movie quested by William Viano be approved and signed. Mr. Sarano License seconded the motion, and it was so vnted.- Commitment of water miscellaneous charges were signed. Budgets were then discussed as follows: Accounting Depart -Personal Services • This budget was reconsidered and approved as follows: Accountant $2725.00 Clerk 962.53 Clerk 864.10 Extra Service 50.00 4601.63 Total Selectmen's Department -Personal Services This budget was reconsidered and approved as. follows: Clerk $1570.02 Asst. Clerk 1043.33 $2613.35 Total 1 1 165 Treasurer's Department -Personal Services This budget was reconsidered and approved as follows: Treasurer $1000.00 Clerk 556.66 $1556.66 Total Assessors' Department -Personal Services An item of $33.75 was approved for this budget for Assistant Assessors, making the total budget $5,860.20 Town Clerk'S. Department -Personal Services This budget was reconsidered and approved as follows: Town Clerk $1800.00 Clerical 546.67 $2346.67 Total Registrars Department -Personal Services This budget was reconsidered and approved as follows: Registrars $ 300.00 Asst. Registrars 33.75 Clerical 100.00 $ 433.75 Total Fire Department -Personal Services The item for call men was increased from $3300 to $3600.00, making the total budget approved, $36350.00. Insect Suppression -Wages & Expenses This budget was reconsidered and approved in the amount of $2525.00. Highway Department -Road Machinery Account The amount of $5,000.00 was added for equipment, making the total budget approved, $14,000.00. Old Age Assistance -Administration Items This budget was reconsidered and approved in the amount of $200.00. Soldiers' Relief -Aid & Expenses This budget was reconsidered and approved in the amount of $5,000.00. Public Welfare -Personal Services Welfare Agent $2244.00 Social Worker 333.67 Social Worker 1278.50 Senior Clerk 1226.34 Junior Clerk & Sten. 1069.83 Deduct $3076.17 to be charged to Dependent Children Aid, Old Age Assistance, and Soldiers' Relief. The total budget was reconsidered and approved in the amount of $3076.17. Upon motion of Mr. Rowse, seconded by Mr. Sarano, it was voted to approve an increase in pay of Miss Harvey, of the Water Department, from $23.00 to $25.00 per week. It was also voted to approve an increase in pay of Miss Corcoran from $23.00 to $25.00. The meeting was adjourned at 10:50 P.M. A true record, Attest: