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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. 1 1 1 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. 1 349 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. 1 351 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 �y GL�l.rtiN.lY'