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HomeMy WebLinkAbout1949-03-29134 Tax Title Committee Insurance SELECTMEN'S MEETING March 29, 1949 A regular meeting of the Board of Select- men was held in the Selectmen's Room on Tuesday evening, March 29, 1949, at 7:30 P.M. There were present Chairman Emery, Messrs. 'Gay,:.,._.- and Nickerson. The Clerk was also present. Mr. Nickerson informed the Board that Mr. Potter had asked him if he would inquire as to whether or not the Board wished him to continue to inspect tax title property upon which the Board receives offers. The Chairman suggested that both Mr. Spencer and Mr. Potter be asked to continue in an unofficial capacity. Mr. Nickerson moved that Messrs. Potter and Spencer be requested to continue in an unofficial capacity as advisors .to the Board of Selectmen relative to the sale of tax title property. Mr. Gay seconded the motion, and it was so voted. At 7:30 P.M. Mr. Ernest E. Rogers, 4 Waltham Street, met with the Board. Mr. Rogers explained that his r equest for the appointment was to solicit some of the Town insurance business. He stated that he has been in business for himself since Labor Day, 1948. The Chairman explained that in so far as he knows several years ago a schedule was worked out and means and percentages for distribution of the insurance depending upon whether or not the agents were mutual or stock companies, in the insurance business only, or were connected with other business, etc. He said that as far as he knows the present members of the Board have never analyzed the insurance•schedale. He said that what the procedure will be on the dis- tribution of new insurance he did not know, but he will be glad to look into this matter. Mr. Rogers said that he has been in town for seven years, owns property and for five years has been engaged in the real estate business. He st ted that if the insurance is not iron -clad he would like to be given some of the town's insurance business. Mr. Emery suggested that he write the Board a letter formally applying for some of the town's insurance giving his background, etc. Mr. Rogers asked if there was any possibility of his knowing when the town opened bids on constr- uction work. He said he .would like to be present to find out the name of the contractor to whom the work might be awarded and in this way he could determine whether or not the contractor is a client for his company. The Chairman said that he could see when bids are to be opened by watching the Minute -Man but as far as the bonds1re concerned the Board of Selectmen feel that it is up to the con- tractors where the bonds.are to be placed. He said that Mr. Rogers could certainly be present when the bids are opened and might get.further details from the Supt. of public Works. He retired at 7:45 P.M. Bids 135 The appointment of a third member to the Board of Health was considered and upon motion of Mr. Board of Nickerson, seconded by Mr. Gay, it was voted to Health appoint Dr. William L. Cosgrove to fill the Vacancy Appointment caused by the resignation of Mr. Carl Terhune, whose term would have expired June 1, 1951. The Clerk was instructed to state in her communication to Doctor Cosgrove that if he is willing to accept the appointment the Selectmen assume he will be in a position to attend the Board meetings Which are held at 3:00 P.M. on the third Friday of each month. Mr. Elroy Dalrymple and Mrs. Winstna. Lufkin of the Lexington Cab Co., Inc,, met with the Board.. Mr. Dalrymple wanted some information about the public taxi stand in Depot Square. The Chairman asked him if he were referring to Mr. Sawyer's request and Mr. Dalrymple replied in the affirmative. The Chairman explhined that he has problems at the stand where he Public is now located and business has not been good for the Carriage past couple of months; therefore, he would like to Stand make a change in his headquarters. He looked the town over and the thought occurred to him that the stand at Depot Park, which is not now being used, might be a site which he could acquire. He explained that Mr. Sawyer told the Board that he had discussed it with Mr. .Dalrymple and he felt that Mr. Dalrymple was not opposed. Mr. Dalrymple said that in so far as agreeing or disagreelAg with the stand he never mentioned it. He said that Mr. Sawyer was merely telling him his troubles and that he was not interested in them, but he is interested in the business of the Lexington Cab. 136 Public Carriage Stand (continued) He said that Mr. Sawyer worked for them at one time and he thinks this move is nothing more or less than to acquire some of their customers. The Chairman asked if Mr. Dalrymple thought it would definitely hurt his business and he replied in the affirmative. Mrs. Lufkin said it would definitely hurt her business. The Chairman explained that the Board has not made any decision on the matter and he does not know what will happen as far as Depot Park is concerned in general because parking meters will undoubtedly be installed within the next few months. Mrs. Lufkin said they have put all their money into the business and she believes that Mr. Sawyer is working to get some of their customers. The Chairman said that the Board would give the matter every consideration; that they are all in business and realize that no one likes to have a business .cut out unreasonably. He said that two members of the Board were not present so possibly no decision will be made this evening. He asked if it wouldn't be a simple statement of fact to say that Mr. Dalrymple came in to pro- test the license being granted for a taxi stand at Depot Square becai a of the fact that he felt 54 would hurt his business. Mr.. Dalrymple replied in the affirmative. Mrs. Lufkin said she also wished tb protest. At 8:10 P.M. Mr. Paul McCormack, Attorney for Mr. Dalrymple came into the meeting. TheChairman explained to Mr. McCormack that Mr. Dalrymple feel.a9 a license for a taxi stand in Depot Square would interfere with his business and he is protesting having such a license granted. He explained that Mr. Dalrymple had been told that the Board has not granted any license and that Mr. Sawyer was in last week and informed the Board that his business had fallen off and that he would like to get a stand in Depot Park. The Board has taken the matter under advisement. The Chairman sayd that as he recalls it Mr. Sawyer said that Mr. Dalrymple did not particularly object. He said that it may be that parking meters will have .tome influence on the decision. Mr. McCormack said that he saw these individuals buy the business two years ago and it was more than they could afford. However, Mr. Sawyer may be entitled to some consideration as every man has a right to compete. The Chairman said that the Board has all the facts and they will be given every consideration. He said if Mr. Dalrymple or his attorney would like to come back when the other members are present it would be perfectly all right for them to do so. Mr. Dalrymple skid that the members present now know how he feels and he doesn't think it will be necessary to meet with the Board again. The group retired at 8:15 P.M. Mr. DeFoe, Suptt. of. Public Works, met with the Board. Mr. DeFoe informed thetBoard that One of the town trucks was stopped at the red light at Waltham Street and Massachusetts Avenue. As the light changed the truck started. A buick car started and then stopped. A chain that happened to be dangling from the truck struck the trunk of the Buick. He said that he received a pride from a Cambridge garage of $28,00. This is where the owner of the Buick lives. He also received a quotation of $24.00 from F. K. Johnson. Mr. Gay asked if this should be referred to the Town Counsel. The Chairman asked if there was any doubt as to who was at fault. Mr. DeFoe replied in the negative. He said it was definitely the fault of the Town. The Chairman said he thought When there was.a question of liability the claims are referred to the Town Counsel. The Chairman asked if in all cases where the town pays a claim of this kind a release was obtained. Mr. DeFoe explained that he has a form which he has been using. He does not know whether it was carried over from Mr. Wrightingtonts term of office or whether it was pre- pared by Mr. Lynch. Mr. Nickerson moved that Mr. DeFoe be authorized to settle the claim for damages in the amount of $24.00 providing he obtains the necessary release from any further claims. Mr. Gay seconded the motion, and it was so voted. Mr. DeFoe stated that he has received a request from Nathan Bidwell, attorney for Melissa Hunt, for an abatement of a sewer betterment assessment on the Hunt property on Meriam Street. He presented a sketch to the Board and explained that Mr. Bidwell wants the abate- ment of the width of the right of way which is 40 feet. He explained that the right of way is•in the same category as the street. It is not public but it is right of way to get into the property.. However, it be built upon. The Chairman asked if he ever had a situation like this before and he replied in the negative. Mr. DeFoe said that he doubts if there is any betterment. Both Mr. Nickerson and Mr. Gay felt that this was something the Suptt. of Public Works should discuss with the Town Counsel. Mr. DeFoe agreed. Mr. DeFoe said that he has talked with Mr. Hogan who wrote to the Chairman relative to a drainage problem on Ames Avenge. Mr. Hogan is a town employee and has agreed to go along this year to see if something can be worked out economically. 137 Claim Sewer Betterment a Assessment cannot Drainage 138 Mr. DeFoe presented a sketch of Spring Street showing the present water main and explained that it now comes within five feet of the individuals property, who has requested the installation of one length of pipe. He explained that if the Board authorized this installation and the owner of the Water property pays his full betterment in cash, it will be following the policy carried on in the past. Extension The Chairman asked if the owner of the property was agreeable to pay and Mr. DeFoe replied in the affirmative. Mr. Nickerson moved that the Sup+t. of Public Works be authorized to proceed with the' - installation of one length of water pipe in Spring Street, it to be understood that the owner of the property is to pay $225.00 in cash as a betterment assessment. Mr. Gay seconded the motion, and it was so voted. Mr. DeFoe said that the request for the installation of a sewer main on North Hancock Street has been held in abeyance since last fall and he would like to know whether or not the work is to be done. The North Chairman said as he recalls the situation there are Hancock not more than two cesspools that are in critical Street condition and even though all the abutters pay Sewer the:`iasessment it will still cost the town between 04,000 and $5,000. It was decided to take no action. Sewer Request The Chairman read a letter from Kaarlo R. Manni requesting the extension of an existing water main on Columbus Street to Lot #6 as he expects to begin construction of a new house within six weeks. Mr. DeFoe presented the Board with a sketch of this area and said he thought he should tell Mr. Lindstrom to see him before he issues permits bo that the applicant may be advised when there is noiwater in the street. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted go request the Supt. of Pub- lic Works to make an inspection and report to the Board at the next meeting as to whether or not this installation will be unduly expensive. Mr. DeFoe reported on Goldie Powell's request for a sewer lateral on Burlington Street. He explained that Mrs. Powell is willing to pay her share of $900., but the other abutter a Mr. Gray, who would have an assessment of $1,626.00 is not interested. Mrs. Powell's plumber claims that the C? 1 ground does not leach and, therefore, the cesspool has to be cleaned out frequently.. He explained that Mrs. Powell has two cesspools. No action was taken. The Chairman read a letter from the Town Counsel regarding the case of Marion R. Coughlin v. Town of Lexington. Mr. Lynch states that in view of the fact that the lot in question can never be built upon and will be valuable only if and when sold to the owner of land that immediately abuts it, it is his recommendation that the sewer better- ment assessment be abated in full. Mr. Nickerson moved that the betterment assessment in the amount of $22.40 be abated in full and that the Town Counsel notify the Middlesex County Commissioners and the attorney for Mrs. Coughlin. Mr. Gay seconded the motion, and it was so voted. Mr. DeFoe retired at 9:20 P.M. and Chief John W. Rycrof t met with the Board relative to the appoint- ment of a Dog Officer. The Chief explained that Mr. McSorley, the County Dog Officer, came to him about securing a place where stray dogs could be kept and also obtaining someone to take over the duties of Dog Officer. In looking around he and Mr. McSorley came upon Mr. LaRose+ kennels at 169 North Street. The Chief explained that his place is immaculately clean and Mr. LaRose, when first appro- ached, was not interested in taking stray dogs because at times there might be a dog with distemper. He finally said that he would take stray dogs for a trial period of about two months but he felt that he should receive $25,00 a month and take whatever he gets. If, at the end of the two months, he likes it he will continue in t� the end of the year at 025.00 a month. Next fall he will come before the Board of Selectmen and the Appropriation Committee with some plan whereby the dog nuisance can be eliminated. The Chief explained that at the present time the dogs are kept in the police station garage. This is objectionable to the people in the Town Office Building and to the neighbors. He said that if some one would take care of these dogs a bad situation would be eliminated. The Chief explained that at first they talked about the town paying 75¢ a day and the County paying 75¢. Whoever has charge of the dogs is obliged by law to hold them for six days and this would cost 09.00 a week. Mr. LaRose will have to go to some expense to make a spearate place for stray dogs. Three different veterinaries recommended him for boarding dogs. The Chairman asked how the County 139. Legal Opincbon Re• Betterment Dog Officer 140 Dog Officer Appointed would enter into this and the Chief replied that they would pay Mr. LaRose 75f a day for meals. The $25.00 would be a fixed expense to be paid by the Town every month. The Chairman asked if Mr. LaRose would take the dogs as fast as they came in. The Chief replied in the affirmative. He. explained that they average about onea week. The Chairman asked what the Chief thought of the idea.and he said he was very much in favor of it. He said that stray dogs are one of the greatest nuisances the Department has. The Chairman asked what he thought of the $25.00 fee. The Chief said he thought it was reason- able. He said that Mr. LaRose will have to build a deparate kennel. The town will be getting rid of a condition that is not good and Mr. LaRose will be taking the chance of getting sick dogs. The Chairman said that apparently Mr. LaRose reserved the right to discontinue with the plan at the end of sixty days and wanted to know if the town would have the same. The Chief said that this angle had not been brought up but he assumes that Mr. LaRose feels the town is the one trying to find a solution to the problem. The Chief said that it is his recommendation that we also appoint a Dog Officer. He explained that if Mr. La Rose takes a stray dog and before the six day period is up the owner calls for the dog, he should have the right to charge the owner for the board. He will, therefore, need to be appointed Dog Officer. The Chairman asked if Mr. LaRose knew he might be appointed a Dog Officer and the Chief replied in the affirmative and explained that he also knows there will be no salary. Mr. Nickerson moved that Mr. E. M. LaRose, 169 North Street, Lexington, be appointed second Dog Officer in the Town of Lexington, effective April 1, 1949, for a trial period of two months; at no salary and that he be paid $25.00 per month for the care of the dogs. Mr. Gay seconded the motion, and it was so voted, Mr. Gay moved that John A. Russell be appointed First Dog Officer in the Town of Lex- ington for a term expiring March 31, 1950. Mr. Nickerson seconded the motion, and it was so voted. C.? 1 141 Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to appoint Chief John W. Rycroft Appt's. and Officer Benjamin W. Day as Field Drivers in theTown of Lexington for a term expiring March 31, 1950. The Chairman read a letter from Gustave E. Larsen offering $1,300.00 for thirteen lots on Hillside Avenue. The Clerk was instructed to contact the Planning Board Tax and ask if they have any comments they care to make Title before the Board makes any decision on the matter. She was also instructed to refer the offer to the Uommittee on Tax Title Property. The Chairman read a ]e tter from Mario Filipetti Tax offerring to pay $350.00 for Lot #5 Massachusetts Avenue. Title Mr. Gay moved that a proposal to sell be advertised in the Lexington Minute -Man and that further consideration be given the offer at the next meetin of theBoard. Mr. Nickerson seconded the motion, andel t was so voted. The Chairman read a letter from the Town Counsel outlining his comments and opinions on the suggestions contained in a communication from the Recreation Com- Legal mittee.dated March 14, 1949. The Clerk was instr- Opinion ucted to forward a copy of Mr. Lynch's letter to Mr. Gustin, Chairman of the Recreation Committee. The Chairman read a letter from Mr. Lynch with reference to the vote of the Board whereby the care of the Lincoln Street dump was given to Messrs. White and Meadows on a trial basis from March 1 to Jan. 1, 1950, providing they are willing to enter into a.con- tract. Mr. Lynch explained in his letter that the General Bylaws of the Town require the Board to main- Dump tain a dump "under their care and supervision" and "in Vote accordance with such rules and regulations as the Select- Rescinded men may from time to time make: He stated that the Town Bylaws impose a burden on the Board of Selectmen that in his opinion should not and could not be delegated by the Board. It is recommended that the vote of the Board of Selectmen to enter into a contract with Messrs. White and Meadows be rescinded. Mr. Nickerson moved that the vote of the Board of Selectmen on February 14, 1949, with reference to the care of the dump be rescinded. Mr. Gay seconded the motion, and it was so voted. Surety bond #632120 in the amount of $1,000. was _received from John C. Paige & Company on behalf of Hazel J. Murray as Clerk of the Board of Selectmen Bond for a period of one year from April 1, 1949. Mr. Gay 142 Bond Bond Use of Hall Use of Hall App't. App't. moved that the bond be approved. Mr. Nickerson seconded the motion, and it was so voted. . Surety bond 1 074 in the amount of 53200.00 issued by the American Employers' Insurance Company on behalf of James J. Carroll, Town Treasurer, was received. Mr. Gay moved that the bond be approved. Mr. Nickerson seconded the motion, and it was so votad. Surety bond #F60708 in the amount of 11,000.00 was received from the American Employers' Insurance Company on behalf of Mr. James J. Carroll, Town Clerk. Mr. Nickerson moved that the bond be approved. Mr. Gay seconded the motion, and it was so voted. An application was received from the Veterans' of Foreign Wars for permission to conduct meetings in Estabrook Hall and a conference room on the evenings of April 6 and April 20. Mr. Nickerson 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 Veterans' of Foreign Wars for permission to conduct an Install-.. iation' of °Officers in'Cary Memorial Hall on the evening- of April 27, 1949.':Mr..Nickerson moved that the use of the hall be granted free of charge. Mr. Gay seconded the motion, and it was so voted. The Clerk informed the Board that Mr. Wellington of the Lexington Coal Company telephoned and requested the appointment of Miss Mary E. Chapin, Meadow Brook Road, Burlington, (an employee of the Lexington Coal Company) as a public weighter. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to appoint Mary E. Chapin a public weigher in the Town of Lexington for a term expiring March 31, 1950. The Chairman informed the members of the Board that he had telephoned Mr. Lombard, Chairman of the Board of Public Welfare, and asked if he knew whether or not any member of the Board would like to get off. Mr. Lombard said that all members, with the exception of himself, have served only two years and are just beginning to become familiar with the laws, etc. Re -appointment of the members of this Board was held over for another week. mrj 143 The Clerk informed the Board that the Clerk in the Tax Collector's Office had inquired as to whether or not any action might be taken relative to two unpaid ambulance bills incurred by Town employees - Mr. Terhune $10.00 and Mr. Belcastro 07.00. Upon motion of Mr. Nickerson, seconded by Mr. Gay, it was voted to abate the ambulance bill commitkment against Mr. Terhune in the amount of 010.00. The Chairman agreed to obtain further infor- mation pertaining to Mr. Belcastro's ambulance bill. ' The meeting adjourned at 10:20 P.M. A true record, Attest: