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HomeMy WebLinkAbout1948-01-05 194 `° CIA SELECTMEN'S MEETING January 5, 1948 The regular meeting of the Board of Select- men was held in the Selectmen' s Room on Monday evening, January 5th, 1948, at 7 30 P.M. There were present Messrs. Paxton , Locke, Emery and Gay. The Chairman read a letter from the Town Treasurer in which he referred to his letter Correct of December 15 , 1947, relative to the bond error of issue of $95,000. The Treasurer requested Treasurer that the payable dates be corrected as follows: in Bond issue p 10,000 December 1, 1948 - 56, inclusive 5,000 December 1, 1957 The Chairman read a letter from the Clerk of the Board of Registrars requesting the use Dates of of the Selectmen' s Room for registering of new Registration voters on January 27, February 3 and February 10. Mr. Gay moved that the Registrars be authorized to use the Selectmen' s Room on the dates requested. Mr. Emery seconded the motion, and it was so voted. Mr. Daniel A. Lynch, Town Counsel, met with the Board. The Chairman read a letter from Retirement the Town Counsel relative to the rights of the System town and employees of the town under the pro- visions of General Laws, Chapter 32, which is the so-called Contributory Retirement System for Public Employees. Mr. Emery asked if the Retirement Board has the final say, presuming that the applicant does not contest it, as to whether the applicant is entitled to ordinary retirement for years or or disability. Mr. Emery then asked if an employee should apply for retirement on the grounds of per- manent disability, and the Retirement Board agrees and grants the retirement , is it with- in their provisions to decide the question. Mr. Lynch said that it would have to go before a medical panel. Mr. Emery asked if the Retirement Board would have any control 1 195 1 except to forward it to the medical panel. Mr. Lynch replied in the negative. Mr. Emery asked if as far as any employee who is not reappointed on the F;rounds of disability in the line of duty is concerned, is there any- thing that the Board of Selectmen can do. Mr. Lynch replied that there is nothing. The employee must do it himself. Mr. Emery asked what would happen if the employee is not of the retirement age, but has completed 15 or 20 years of service. Mr. Lynch said that the employee can apply for retirement at any time . The Chairman said that an employee could request retirement or the head of the department could request retirement for him, and Mr. Lynch stated that this is correct. The Chairman stated that if the Board of Selectmen feel that an individual is not physically capable of carrying on his work , the Selectmen could then request the Retirement Board to put him on retirement because of physical disability. The Retirement Board would then request the appointment of a medical panel and on the findings of that panel they would retire the employee or refuse retirement to him. Mr. Lynch stated that if the Retirement Board retires an employee during the term for which he was appointed, he then has the right of review by a judicial court. The Chairman read a letter ..rom the Town Counsel regarding the procedure to be followed Salaries of relative to salaries of elected officials of officials to ' the town under the provisions of C$apter 540 be fixed by of the Legislative Acts of 1947. prior to the vote of enactment of Chapter 540 it was provided in Town Meeting Chapter 41, Section 108, that the salary and compensation of all elected officers of a town shall be fixed by vote of the town, Chapter 540, the Acts of 1947, amend the Section 108 of Chapter 41 by providing that the salary and compensation of all elected officers by the town shall be fixed annually by vote of the town. Mr. Lynch stated in his letter that the 1947 Act obviously was intended to prevent salary increases at any time during the year other than the salary voted at the Annual Town Meeting and I { 196 710. Cld it is his opinion that a special article will have to be inserted in the warrant for the annual town meeting so that the town may vote on the salary or compensation of all elected officials. The Chairman said that in the instance of the Town of Lexington there are only two elected officers who receive com- pensation - the Tax Collector and the Town Clerk and Treasurer. He said it has been the Board' s usual assumption that although they are elected they are also employees of the town and insofar as compensation increases have been concerned they have been treated the same as other employees. Mr. Lynch said there is no way to get around this and it must be fixed by a vote of the town and the law says that the compensation must be fixed annually, and once it is fixed it cannot be changed that year. Mr. Locke asked if including the elected officals in Article 4 was sufficient or would tnere have to be an article. Mr. Lynch replied that they could not be included in article 4 and there must be another artible . TheChairman stated that the Boston Edison Company has requested a transmission line Easement easement over Butterfield's Pond and has also for Boston asked the Board to sign a deed granting an Edison easement, the deed having been prepared by the attorneys for the Boston Edison. Mr. Lynch ( said that he would say first the easement should not be signed until Town Meeting acts on it. He stated that before the Town Meeting can vote, according to law, the Board may have a preliminary opinion. He said that according to Chapter 263 of the Acts of 1926 if, in the opinion of the Selectmen of the std town, there is at any time a necessity for the town to retain the wh f the land easements of water ri hts i 9 in any iven case have been taken or the purposes for this Act, so much of said land, easement or water rights as in their opinion are no longer necessary for the Town to retain may be sold and conveyed by the Town; providing, that such sale is authorized by a vote of the majority 1 197 of the voters of the town present and voting thereon at a town meeting duly called for the purpose . He explained that the Board of Selectmen is not em- powered to give it away , it must be sold and con- veyed. Mr. Lynch said that he noticed in the proposed easement that the town will be giving the easement to the Boston Edison with warranty covenant. He stated that warranty covenants have hot been used in Massachusetts for 30 years . By this, the town raof allen- cumbrances that the easement is free g s cumbrances and if anything goes wrong 25 or 30 years later the town can be sued. He said that now quit- claim deeds are used and with these nothing would be guaranteed to the Boston Edison. He explained that the town took this by eminent domain in 1929 and presumably it is a good title but the town would not guarantee the title to the Boston Edison Co. He suggested that the warranty covenant be deleted. He also said that he thought the town should insert a stipulation that any thing the Boston Edison does will not interfere with the purpose for which the town took this land. Mr. Emery asked if even though the town does not figure that the rights are necessary for dlrainage , does the town still have the right to dispose of it. Mr. Lynch said that is should be restricted so that the Boston Edison Company will not in any way interfere with the purpose for which the town took the land. Mr. Emery said he thought it would be a good idea for the Selectmen to take the matter up with the Town of Burlington and if the Board so desired , would it be bettertiandle it between the Boards of Selectmen or the Town Counsels. Mr. Lynch said that he knew the Town Counsel in Burl- ington very well and would be happy to take it up with him. He said that if the Board decides that the town does not need this and it will not inter- fere with the present use , it should then be pre- sented to the Town Meeting. The Chairman said that he thought it would be a courteous gesture to discuss the matter with the Burlington Board of Selectmen and he thought it might work out well. Mr. Locke reminded the Board that the Town of Burlington can' t stop it anyway, and said that in checking with them if they object it seemed to him to be superfluous. He said he thought it was merely a matter of advising Burlington what the Town of Lexington intends to do. 1 II 198 .0 Mr. Emery said that he would rather tell them that this matter has been presented to the Board and the Board is inclined to feel sympathetic toward it, and ask them if they have any objection. Mr. Locke asked if the Town of Lexington could stop the Boston Edison Company. Mr. Lynch said that the Edison Company could not compel the town to give them an easement unless they took it to court. It was decided to have the Board of Selectmen write to the Board of Selectmen of Burlington. The Town Accountant ' s letter relative to Chapter 615 of the Acts of 1947 was held over. Mr. Lynch said that in 1946 the L'nnual town meeting accepted the Act which raised pensions 204. In no instance, however, should the 20% increase bring the retirement allowance above $1,000. He said the Act referred to by the Town Accountant raises the maximum to $1,200. He said that Board does not have to include an article in the warrant on this and it is up to the Board to decide. Mr. Emery asked if there is any "cellar" now and Mr. Lynch replied in the negative. Mr. Lynch said that he thinks the logical assumption is that before this Act expires a new Act will take its place. Mr. Emery asked if this covered only old age and Mr. Lynch replied that it takes in the whole business. Mr. Locke asked if this were voted on would it increase the town' s contribution to the retirement system and Mr. Lynch replied in the affirmative. Mr. Locke said that if this were going to be presented to town meeting there would have to be a different set up of figures. Mr. Emery moved that the Town Accountant be requested to furnish the Board of Selectmen with a list of all persons on retirement, both con- tributory and non-contributory, with the amounts they are now receiving, and advise the Board as to how many individuals receiving retirement at the present time would be affected by the accept- ance of Chapter 615, and how much it would increase the town' s appropriation. Mr. Gay sec- onded the motion, and it wag so voted. 1 /99 The Chairman referred to Nathan B. Bidwell' s letter and also Mrs. Sarano' e letter requesting abatement of water betterment assessments on Lincoln Street, for which she will give the town a release of damages arising from the taking of approximately 12, 500 square feet of land under the order of the County Commissioners of January, 1946. Mr. Lynch said that he did not think the Board of Selectmen could "wash the slate". He said he does not believe the statutory reasons prevail and that Mrs. Sarano must have a petition filed within six months. He said that her letter would be an inadequate petition. Mr. Lynch said that he would recommend not to abate the water betterment assessments. He thought the Board might get into difficulty with other abutters. Mr. Lynch said that if the Board does abate the assessments by accepting from her a confirmatory deed and release of the Lincoln Street taking for the amount of the assess- ments so that she would get a check from the town for the, land taking, she coulc then turn it over to the Collector of Taxes for the amount of the assessment. The Chairman said that he feels certain that the Town in years gone by has done it the other way. He stated that the disadvantage in doing it the legal way is that the Board would have to request .an appropriation of $1,250 to pay Mrs. Sarano and there would have to be an article in Sarano the warrant because there is no reserve fund from which to make a transfer. He said that if abatement this is taken before town meeting there is a possibility of the town not voting it, and even though the town does vote it, it gives a certain amount of publicity to other people in similar circumstances. Mr. Lynch said that the only grounds for abatement are if the amount of assessment exceeds the amount of benefit or advantage to a particular piece of land. He said he did not know if the Board could arrive at the opinion that the Sarano land received no benefit. Mr. Emery said that he agreed with the Town Counsel. The Chairman asked if the Board was going to write Mr. Bidwell and advise 0.04 Cs.+ ..�� 00g V• J 00 111 him of the opinion of the Town Cousnel, and did the Board want to insert an article in the warrant. Mr. Lynch said that there are some legal tech- nicalities on this particular mutter and he would be glad to write to Mr. Bidwell . The Town Counsel said that he had received a letter from the Building Inspector and he told the Inspector that the Board of Selectmen should give an opinion before anything id done. Mr. Lindstrom wrote to the Town Counsel and stated that a Mrs. MacKenzie, 28 Merriam Street, had some remodeling done on her house and a Mr. Wittholm, a plubber from Burlington, did the work without first obtaining a permit and violated the plumbing laws in about ten instances. Complaint Mr. Emery asked in whose opinion the violations re work were made and Mr. Lynch said in the opinion of done with - the Building and Plumbing Inspector. The Plutb - out license ing Inspector.wrote to the state to find out whether or not this individual had a journeyman's or a master plumbing license , and he has neither. The Plumbing Inspector feels that the town should prosecute for the violation of state laws and violation of the plumbing laws. hr. Lynch said at first he thought this was a controversy bet- ween the plumber and Mrs. MacKenzie. He said that Mr. Lindstrom then introduced the aspect that some of the local plumbers are disturbed because of an unlicensed man coming Into town and doing work. Mr. Lindstrom feels that for the protection, not only of 1rs. MacKenzie, but for all plumbers in Lexington, something should be done about prosecution. Mr. Emery asked if the pluilber was acting as an individ- ual * Mr. Emery asked who would be prosecuting. Mr. Lynch said that the case is against the plumber for not having a license to do the work and the fine is $50. The Chairman said that he thought he was an unlicensed plumber acting as a sub-contractor, and the owner of the house has no claim against a sub-contractor but she has against the original contractor. The Chairman said that he thought the work should be rectified. Mr. Lynch said he bel- ieved Mrs. MacKenzie plans to have a local *contractor or an employee. Mr. Lynch said 111li he assumed an individual. 6 6 I 201 plumber come in and do the work . She thinks the contractor was deceived and did not know the plumber did not have a license. Mr. Emery asked if this was a question of collecting a 150 fine. Mr. Lynch said that if the judge sees fit that is the maximum fine. Mr. Gay said ht thought the case should be prosecuted. Lir. Every said he agreed but what can the town get out of it and why should the town do anything for Mrs. Mac- Kenzie. The Chairman asked if it was the decision of the Board that Mr. Wittholm should be prosec= uted. Mr. Gay moved that he be prosecuted and Mr. Emery seconded the motion . Mr. Lynch retired at 8 40 P.M. and Mr. DeFoe met with thdBoard. The Chairman said that the only item Mr. Sign water DeFoe had is a contract for Maple Street water contract main. He asked if it had been approved by the for Maple Town Counsel and Mr. DeFoe replied in the affir- p mative . Upon motion of Mr. Locke, seconded by Street Mr. Gay, it was voted to sign the contract with Russell Mac-Donald for the construction of a water main in Maple Street. Mr. DeFoe retired. 111 At 8;43 P.M. the following members of the Board of Assessors met with the Selectmen: Chair- man Clyde Steeves, Messrs. Leland Emery, William Assessors Shanahan William Burnham and FrederickSpencer. re• re- A length' discussion was heldlon tie sujcor appropriation- an ' r© riation- a re-appropriation. The Assessors agreed to make andppersonala an ppointment with two concerns to meet with property the Board on Saturday afternoon, January 17th , tax to discuss this subject. Mr. Leland Emery said that they would need extra clerical help if they send out personal property bills and asked if there would be a girl available from any other department . Mr. Shanahan retired at 9:20 P.M. The Chairman said that he did not know of any office that could spare a girl at this particular time of the year. 4e also stated that there is no money available and it would not be possible to get money until April. Mr. Spencer said that the work would have to be done within the next two weeks. The Chairman of the Board of Selectmen sugested that the Assessors make their plans for the personal property tax program to be put into effect in December 1948, and to provide 202 for the expenses in this year's budget. The Chairman of the Board of Assessors said that because of the increased work the Assessors want more money and are requesting an increase in the amount of $200. The Chairman of the Board of Selectmen said that they have the problem of clerical help and the problem of an assistant to the secretary. Assessors Now they have the problem of Assessor' s compensation but there are no such items in the present budget. He that the Board of Selectmen depend upon appointed Boards to advise them as to their needs. He said the Selectmen may not agree with them at all times but the first thing to do is to get the req- uest to the Board for discussion. He suggested that they make out new budget sheets with an explanatory sheet. The Assessors retired at 9 50 P.M. Plowing A letter was received from Craft Clean- sers requesting the town to plow out Edison of E i son Way Way. The Chairman explained that Edison Way is a private way and controlled by the Boston Edison Company, and as such the town has no right in there. He said he has explained to Mr. Berliner that the only way to get it str.ightened out is to bring it in as a Board of Survey street. The Clerk was instruct- ed to so advise Mr. Berliner. A letter was received from Cole' s Melody Shop registering a complaint because the Cary Complaint Memorial Library purchases all its records from Peter' s Music Shop. The Clerk was in- structed to refer the communication to the Library Trustees for action and to so advise Mr. Cole. A letter was received from Robert L. Ryder offering On for approximately nine acres of Holmes Meadowland. The Clerk informed the Board that the Committee on Tax Title property had advised her that Ryder was the former owner and this parcel of land is now assessed for $1,050. The outstandii taxes 1 2011 I plus interest and costs are less than the amount Offer for offerred. The Clerk was instructed to request Tax Title the Engineering Department to prepare a sketch show- Property ing this tract of land and to bring the matter up Saturday morning at the special meeting. A letter was received from the State Fire Warden calling the Board' s attention to Chapter 48, Appoint Section 8, which provides for the appointment of Fire forest wardens by the Selectmen in January. Mr. Warden Locke moved that Roy' A. Cook be re-appointed Fire Warden in the Town of Lexington. Mr. Emery seconded the motion, and it was so voted. The Chairman read a letter from Mary E. and Frank Hannaford, 172 Middleby Street registering a complaint against Robert Hannaford for storing junk in his garage and creating a fire hazard. The Clerk was instructed to contact the Fire Department and ask them to check to determine whether or not a fire hazard existed and also to have the Social Worker of the Welfare Department make a report providing the Hannaford' s are receiving aid. Governor Bradford' s letter relative to the appointment of a local comrnIttee to handle requests from people in Lexington who are unable to obtain fuel oil or kerosene was held over. Mr. Emery moved that the Chairman contact Mr. George E. Graves to find out whether or not he would be willing to assume chairmanship of such a committee on a tentative basis. Mr. Locke seconded the motion, and it was so voted. Chief Rycroft's letter relative to issuing a special police badge to Sebastiano Paladino was held over. Mr. Emery said he would be reluctant to req- :.Rescind, uest the Thief tb issue a badge to a man about whom vote to he is hesitant to recommend. Mr. Emery moved that give in view of the recommendation received from the badge Chief of Police that the vote of December 22d be to dump rescinded. Mr. Locke seconded the motion, and it was attend- so voted. The Clerk was instructed to so advise the ant Board of Health. 1 4P 204 . An application was received from the V. F. W. requesting permission to conduct meetings in Estabrook Hall and a Conference Room on January 7 and January 29 . Mr. Emery moved that the uses of the hall be granted free of charge . Mr. Locke seconded the motion, and it was so voted. An application was received from the Boston Market Gardeners Association requesting permiss- ion to conduct their annual banquet in Cary Hall on January 22d. Mr. Gay moved that the use 0.3 the hall be granted subject to a cha of g5. Mr. Locke seconded the motion, and it was so granted. Upon motion of Mr. Locke, seconded by Mr. Emery, it was voted to grant the following licenses : ( renewal) Old Belfry Tea Room 1840 Mass. Ave. Common Viet. James Phillips 1800 Mass. Ave. " William Viano 1794 Mass. Ave. Sunday Movies Anthony Ferreria 249 Marrett Rd. Peddler' s William DeFelice 81 Westview St. " Mr. Emery said that Alfred Tropeano would like to know what the Board is going to do relative to the Murphy claim for damages on Grove Street taking. Mr. Locke said that it is agreed that Mr. Murphy has lost a building lot. Mr. Emery said that he believes that he has substantially lost a lot and Mr. Gay agreed. Mr. Locke said he does not think the stone wall is necessary nor important to the development of the land and he believes the stone wall is just a talking point. Mr. Gay asked if Mr. Locke thought the lot was worth 12,000 and he replied in the negative. Mr. Emery said he had in mind an offer of $700 or $800. Mr. Locke recommended 11,000 settlement and forget the stone well. The Clerk was instructed to advise Mr. Tropeano that the Board of Selectmen will recommend to the town meeting a settlement in the amount of : 1 ,000 which is to be in total settle- ment of the Murphy claim. Mr. Gay said that he had received a request that Sutherland Road be designated as a street for coasting. The Clerk was instructed to ask the Chief of Police to express his opinion on the possibility of making Sutherland Road and Farm- crest Avenue available for coasting. The meeting adjourned at 10.35 P.M. A true record, Attest . 1� Clerk, Selectmen.