HomeMy WebLinkAbout1945-12-10346
Town
Counsel
Conant
and
,Complaint
Lincoln
St. Dump
SELECTMEN'S MEETING
December 10, 1945
A regular meeting of the Board of Selectmen was held
in the Selectmen's Room, Town Office Building, on Monday
evening, December 10, 1945 at 7:30 p.m. Chairman Locke,
Messrs. Potter and Sarano were present. The Clerk was also
present.
At 7:30 p.m. Mr. S. R. Wrightington, Town Counsel, and
Colonel Barry appeared before the Board.
Mr. Wrightington had been asked to meet with the Board
to consider a letter from Attorney John G. Brackett, represent-
ing Harold A. Conant of 47 Lincoln Street, Lexington, with
reference to the Lincoln Street Dump.
Mr. Wrightington informed the Board that he had talked
with Mr. Brackett, who hopes to have the dump moved to some
other locality. According to Mr. Brackett, originally the
smoke and fire did not bother Mr. Conant, but for a certain
period of time dumping has been done in front of his house.
Mr. Wrightington said that the question of legal liability
is a difficult one, about which to advise the Board. He said
that there have been no decisions holding cities and towns
liable for the effect of this type of complaint.
Mr. Potter stated that Mr. Conant knew that the dump
was located at this particular site when he purchased his
property, and asked Mr. Wrightington if that fact would have
any bearing on the matter.
Mr. Wrightington said that it wouldn't, insofar as its
being a nuisance is concerned. He said that if the court
found it to be a nuisance on Town land and permitted by the
Town to exist, there might be some liability.
Mr. Sarano said that Mr. Conant did not object to the
dump as it was originally, i.e., 4001 or 500' away from the
road. However, the last two or three weeks people have been
dumping down in front of his house.
Mr. Wrightington suggested that the attendent in charge
of the dump take the registration numbers of persons who do
not dispose of their rubbish in the right location, and then
to turn them over to the police. He also suggested that signs
might be posted designating localities where dumping is permitted.
Mr. Potter suggested that the solution is to erect a fence,
and have the dump closed at night.
The Chairman thought thatthe nuisance would be eliminated
if a new road were built, and the dump enclosed by a fence.
Mr. Wrightington asked if the road would be built this
winter, and Mr. Potter stated that there wasn't sufficient
help or fill.
Mr. Wrightington said that Conant would be satisfied if
the dump is set back where it was originally, and Mr.
Potter stated that that is what the Board intends to have
done.
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Mr. Wrightington said that if the Board approved, he
would notify Mr. Brackett that the Selectmen were asking for
an appropriat ion of Binds with which to build a road so that
the dump may be put further back on Lincoln Street.
The Chairman said that the question had arisen concern-
ing the $200 which the Assessors now receive as compensation,
and the Board wanted to know whether or not this amount could
be considered as expenses, rather than personal services.
The Chairman read Mr. Wrightington's letter of February 4,
1944, stating that he could see no reason why the Assessors
should not receive pay for their services.
Mr. Wrightington said that he thought the money could be
called expenses.
Mr, Potter explained that one of the Assessors is in the
Contributory Retirement System, and Mr. Wrightington said in
that case the amount must be designated as personal services
to justify the Assessor being a member of the system.
Mr. Potter explained that Ivir. Spencer will be retiring
in two years, and the Board would like to have him remain an
Assessor.
Mr. Potter asked what would happen if the Assessor now
in the Contributory Retirement System were not reappointed.
Mr. Wrightington said he would then receive his accumu-
lated money.
Mr. Potter asked if, from then on, the money could be called
expenses. Mr. Potter said that when the new appropriation is
made and the individual now in the Retirement System is off the
Board of Assessors, the money could be designated as expenses
and then none of the Assessors could become members of the
Contributory Retirement System.
Mr. Wrightington said that that was correct, and that if
they were not salaried employees, there would be no way,for
them to become members of the Retirement System.
The Chairman asked if the money were designated as expenses,
could a man over -age serve on the Board.
Mr. Wrightington said that ifan individual is in the Retire-
ment Act, he has to retire but he hasn't thought what anian over
seventy would do. However, he supposed a person over seventy
could serve on a committee as there is nothing to prevent him
from holding an.urisalaried position.
347
Assessors
Expenses
Legal
Opinion
Man Ret.
& Over.
Age
Serving
Mr. Wrightington said that he had been working on a lease V.F.W.
to be signed by the Veterans of Foreign Wars for the use of. the Lease
Barnes Property, but the one thing which bothers him is the fact
that they are un -incorporated, and the question comes up as to
who will sign for the organization.
Mr. Wrightington said that it seems to him that a vote of
all those present at a V.F.W. meeting should be obtained giving
their names and authorizing one or more individuals to sign such
an agreement.
The Chairman said that the idea was for the Board of Select-
men to have something a little more definite and official in
connection with the renting of the property, even though legally
348
aniel
ailey
elfare
laim
Release
For Sum
6711
fPowing
Percy Road
Extens'n
�
oucy on
.B.I.
School
For
Police
Chief
it might not be enforceable.
Mr. Wrightington said that he would try to draw up
something before the next meeting of the Board.
The Chairman read a letter from Mr. Wrightington stating
that the Board of Public Welfare had sent him a claim for
welfare aid against the estate of the late Daniel Bailey.
Mr. Wrightington said that the residence is to be sold
next week, and the administrator will•have money to pay the
claim which totals $711 without interest. Mr. Wrightington
said that he had prepared a.release requiring the signatures
of the Board of Selectmen, and the Board of Public Welfare.
Mr. Potter moved that the release be signed, and
referred to the Board of Public Welfare for their signatures.
Mr. Sarano seconded the motion, and it was so voted.
The Chairman read a memorandum from Colonel Barry
relative to plowing Percy Road Extension.
Colonel Barry stated that he did not recommend plowing
any driveways, inasmuch as it would tend to increase the
number of requests.
'The Chairman said that there is some question in the
minds of the Selectmen as to whether or not Percy Road is a
road or a driveway.
Mr, Wrightington said that only Wildacre Inn and one
other house use Percy Road Extension.
Colonel Barry stated that there is not sufficient room
for a plow to turn around.
The Clerk was instructed to advise Mrs, George S. Mac-
Alpine of Wildacre Inn that the Town equipment is not
adapted to plowing such a narrow way,
Mr. Wrightington and Colonel Barry retired at 8:05 p.m.
Chief John W. Rycroft and Mr, Edward Soucy of the Federal
Bureau of Investigation°appeared before the Board.
Chief Rycroft introduced Mr. Soucy and retired.
Mr. Soucy explained to the Board that the National Police
Academy came into existence in 1935, He said that it is
intended for specialized training for representatives selected
by a particular department. If they qualify as instructors,
they return to the department and pass on the knowledge they
have acquired. The academy originally had one class a year,
but there has been an increase in the number of applications
filed in Washington for attendance of the School, and it has
become necessary to have three classes a year. Mr. Soucy stated
that last July the attendance of the school was increased from
one session of 35 to 40 students to two sessions, bringing the
total up to 80. In January, 1946 the attendance will be increased
to 100. The school now has sessions in January, April and
July. The candidates are trained in all phases of law enforce-
ment work, laboratory work, and they are trained to be able to
return to their own departments as instructors.
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When the candidates register they are told that they
are expected to take notes during the day and type then at
night, and that the notebooks will be subject to inspection
from day to day. Mr. Souris said that if a man is going to
be sent to the school it/going to cost the Town money, and
if he is not going to receive any benefit from the school,
he will be sent back with a letter of regret to the govern-
ing authorities. The candidate received detailed instruct-
ion on how to maintain records, keep reports, various types
of investigation, administration of the police department,
juvenile delinquincy, crime prevention and practically every-
thing that a newly trained special Agent of the F.B.I. would
receive. The first ten weeks are a prescribed schedule'.and
the last two weeks are left to the selection of the Chief or to
the authorities sending him to the academy. Mr. Soucy said
that he would like very much to see the,Chief of the Lexington
Police Department attend the academy, but it is too late for
him to enter the January session. Mr. Soucy said that he
understood that it would be necessary to include an item in
the budget to cover the expenses.
Mr. Soucy said that the Chief of Police of Needham and
the Captain of the Brookline Police Department are both
going into the January session, and the Town of Belmont is
about ready to send another man to the academy. Mr. Soucy
.said that $700 would be adequate. He said that some Towns
allow up to $1,000. The Bureau has arrangements with
responsible rooming houses whereby the men will have no
difficulty in locating a place in which to -live. He stated
that he has to submit to Washington a notification of the
names of departments that can and will be in a position to
send someone to the April session. This information must
be submitted by December 31, 1945. He said that the Board
of Selectmen could go on record as being in favor of send-
ing the Chief, and he would report to the department that
it would be subject to the approval of the Town Meeting.
Mr. Soucy said that the application should be in shortly
after the latter part of this month. He said that the April
session would be more desirable as it is intensely hot in
Washington during the summer.
The Chairman asked if Mr. Soucy was in a position to
guarantee housing.
Mr. Soucy replied that the Bureau keeps available for
the. men a sufficient number. of rooms to accommodate them.
The Chairman asked if Mr. Soucy had discussed the
subject with the Chief, and he replied only insofar as to
telling him that it was about time for him to go to the
national academy, Mr. Soucy said that he will send an
application to the. Chief, and he would like the. Board to
be mindful of the deadline that has to be met.
He retired at 8:35 p.m., and Colonel Barry appeared
before the Board.
Colonel Barry informed the Board that the wages for Snow Rmvl
the Town men who worked on the snow storm are paid, and Account
there is only $100 left in the Snow Removal Account.
350
Repairing
Heating
System
Weisinger
Wages Paid
From Wrong
Account
Insurance
on Snow
Loader
Not to Plow
Private
Driveways
21 x 4+
Planks.
Public Works
Building
Colonel Barry said that he needs $2,375.50 to pay
the contractors, and he would like to be able to pay
$269.50 to Sylvester and $282.25 to Poillucci. He said
that he also needs $371.38 for chains.
Mr. Sarano moved that the Appropriation Committee
be requested to transfer the sum of k3551.75 from the
Reserve Fund to the Snow Removal Account to enable
payment of the two out-of-town contractors. Mr. Potter
seconded the motion, and it was so voted.
Colonel Barry said that he had received a bill from
Lester Andrews for a verbal order given by the former
Superintendent of Public Works amounting to $695.70 for
repairing the heating system at the Public Works Building.
He stated that there is not enough money in the Public
Works Building - Wages & Expenses Account to cover this
bill.
Colonel Barry stated that Wallace Weisinger's extra
compensation for standing by for water leaks which might
occur during the night has been paid from the Public Works
Building —Wages & Expenses Account. The Colonel proposed
putting in an appropriation transfer slip in the amount of
$695.70 from the Water Maintenance - Wages & Expenses Account.
to the Public Works Building - Wages & Expenses Account.
In other words, Mr. Weisinger should, have been paid from
the Water Maintenance Account, rather than the Public
Works Building - Wages & Expenses Account. Colonel Barry
said that he has already arranged with the Town Accountant
to have this done.
Colonel Barry stated that insurance should be
placed on the snow loader, and he proposed coverage in
the mount of $5,000. The fire premium will cost $13.50,
and the liability premium will cost $17.81.
Mr. Potter moved that Colonel Barry be authorized to
place the necessary- insurance through the office of Foster
and Lamont. Mr. Sarano seconded the motion, and it was so
voted.
hhe Chairman informed Colonel Barry that the Board
did not want to establish a precedent on plowing private
ways, and upon motion of Mr. Sarano, seconded by Mr. Potter,
it was voted not to plow Percy Road Estension because the
equipment used by the Town is not adapted to private drive-
ways.
Mr. Potter said that Mr, Warren, Principal of the
Senior High School informed him that the 21 x 41 planks
used for the skating rink and stored at the Public Works
Building havedisappeared. They may, or may not have been
taken by the Town. He said that it would cost $p25 or $30
to replace them.
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Mr. Potter moved that the forty-two pieces of 2' x
4' 12" planks be replaced, and the expense charged to the
Public Works Building- Wages & Expenses Account. Mr.
Sarano seconded the motion, and it was so Voted.
The Board decided that the school should be'advised
that the Town will notveresponsible hereafter for any
material stored at the Public Works Building.
The Colonel retired at 9:05 p.m.
The Chairman read a letter from John A. Lyons, Chair- Reappoint
man of the Board of Public Welfare, stating that James E. James E.
Collins had been reappointed as Social Worker in the Depart- Collins
ment of Public Welfare. The letter further requested that Social
the Board of Selectmen notify the Town Accountant and the Worker
Town Clerk.
The Clerk was instructed to advise Mr. White, Town
Accountant, and Mr. Carroll, Town Clerk, that the Board of
Selectmen has been advised by the Chairman of the Board of
Public Welfare that Mr. Collins has returned to work in
the Department of Public Welfare as a Social Worker, effect-
ive December 7, 1945.
The Chairman read a letter from Mr. Frederick J. Spencer
requesting the appointment of six additional Assistant
Assessors to assist in the listing. Appoint
Upon motion of Mr. Potter, seconded by Mr. Sarano, it Asst.
was voted to appoint the following Assistant Assessors: Assessors
John J. Kelley 6 Muzzey Street
Sidney U. Robbins 69 Hancock Street
George V. Morse, Jr. 1 Vine Brook Road
Elinus B. Hadley 33 Robbins Road
Mary E. Tracey 1083 Mass. Avenue
Gertrude Fritzsche 54 Chase Avenue
The Chairman read a letter from Mr. Frederick J. Spencer Two
stating that he has ordered and received two new -long carriage New
typewriters to write the 1946 valuation and Commonwealth Typewr's
sheets. The bill for the'typewriters is 091.60, and it Assessor's
has been approved by the Board of Assessors. Dept.
Mr. Spencer said that the Assessors would like the Berard
of Selectmen to approve a transfer so that the bill cal be
paid in 1945.
The request was held over until the next meeting of the
Board.
Application was received from Mr. Harold L. Soule for Permit
permission to sell Christmas trees at 1722 Massachusetts Xmas
Avenue. Trees
The Clerk was instructed to advise Mr. Soule that this
area was zoned for business, and the Board of Selectmen has
no jurisdiction over it.
352
Application was received from the Lexington Firemen's
Benefit Association requesting the use of Cary Memorial
Hall on the evening of February 15, 1946 for an entertain-
ment and dance.
Mr.Iotter. moved that the use of the hall be granted,
free of charge. Mr. Sarano seconded the motion, and it was
so voted.
Application for a First Class Dealer's License was
1st Class received from Robert D. Mawhinney, 6 Leewood Road, Wellesley,
Dealer's and Harold H. MacDonald, 41 Long Avenue, Allston*
License The Chairman read a letter from the Chief of Police
stating that Mr. Mawhinney has a record of some minor
automobile violations but otherwise he is an individual of
good character and reputation.
Mr. MacDonald is, at present, a Civilian Employee of
the Coast Guard, and was formerly employed by C. E. Fay
Chrysler Corporation of Boston for a Period of fourteen
Y p P
years.
The application wap held over pending more information
relative to the two applicants.
Licenses Upon motion of Mr. Saran, seconded by Mr. Potter, it
was voted to approve the following licenses:
Mawhinney Motor Sales 581 Marrett Road lst Class Dealer
Lillian M. Newlands 1775 Mass. Avenue Common Victualler
Edgar J. 'i'hivierge
George F. Taylor 1752 Mass. Avenue
424 Marrett Road " u
The Clerk informed the Board that she had been advised
Bickford by the Accounting Department that a portion of the :100 in
Salary the Highway Department - Personal Services Department has
been used. There is, however, sufficient money in the Sewer
Maintenance - Personal Services Account to pay Miss Bickford's
salary for the last two weeks in December.
Mr. Potter moved that Miss Bickford's salary be paid
from the Sewer Maintenance - Personal Services Aecount for
the last two weeks in December. Mr. Sarano seconded the
motion, and it was so voted.
Sealed bids were received for printing the 1945 Annual
Town Report of the Town of Lexington as follows
Flemin & Son - $2.85 per page; 27 for 100 additional copies
Annual of -the -School Department Report and 47 for 100 additional
Town Report copies of the Town Accountant's Report.
AdamsPress - $3.49 per page; $30.15 for 100 reprints of the
8'chooLq Department, and $64.90 for 100 copies of the Town
Accountant's Report.
Rapid Service Press - $4,74 per page; $2.59 per page for
the School Department reprints and $2.29 per page for the
Town Accountant's reprints.
Somerville Printing Company - $2.10 per page; 90j per page
for zaa copies of the School Department Report and 90j per
page for 100 copies of the Town Accountant's report. No
charge for author's corrections.
Inasmuch as there were only three members of the Board
present, it was decided to hold the awarding of the bids
over until the next meeting of the Board.
A true record, Attest:
353
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