HomeMy WebLinkAbout1952-10-20-min 386
SELECTMEN'S MEETING N
October 20, 1952.
A regular meeting of the Board of Selectmen
was held in the Selectmen's Room, Town Office Build-
ing, on Monday evening, October 20, 1952, at 7 :00
P. M. chairman Nickerson, Messrs. Emery, Gay,
Driscoll and Reed were present. Mr. Burns, Suptt
of Public Works, and the Clerk were also present.
Letter was received from Daniel J. O'Brien,
21 Woodcliffe Road, requesting the installation of
a traffic sign coming in from Spring Street.
Mr. Burns reported that he has placed all the
signs he had but has some on order.
Traffic The Board agreed that this is a dangerous area
Sign due to the fact that there are a namber of small
children and upon motion of Mr. Gay, seconded by Mr.
Driscoll, it was voted to authorize the Supt of
Public Works to have a sign installed as soon as the
order is received.
The Chairman read a letter from Mr. E. T. Berg-
lund in regard to a culvert on Tavern Lane. The
letter was given to Mr. Stevens who agreed to con-
tact
Mr. Robert Holt in an endeavor to obtain some
Culvert in information as to when the culvert was put in and
Tavern Lane for what reason.
Mr. Burns explained that it may have been put
in a number of years ago when the town installed
the sewer and left in as a courtesy. He further
stated that this is a private way.
When Mr. Stevens arrived at the meeting the
Chairman explained the situation to him and he
said that he would be fearful of impairing the
road and letting the town in for tort liability.
The following petitions for street acceptances
Street were noted and placed on file to be considered in
Acceptances the 1953 budgets: Gleason Road, Hayes Avenue exten-
sion, Wildwood Road, Patterson Road and Holton Road.
The Chairman read a letter from Brewer and
Lord advising that at the present time there is a
sum of $683.22 representing commission due to the
various insurance agents on the Fire Insurance
Insurance policies.
Commission The Chairman was authorized to instruct Brewer
and Loris to proceed with the distribution of the
money according to the percentages listed in the
communication.
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The Chairman read another letter from Paul
R. Keeler, 71 East Street, regarding the strip
of land at the edge of his property.
Members of the Board viewed the property an Keeler
he claimed the town had removed all the loam and Claim
it is impossible for him to succeed in growing
grass on the plot. The Board was of the opinion
that Mr. Keeler has no claim and the Chairman was
authorized to contact him.
Messrs. Stevens and Burns retired at 7 :35
P. M.
Chief Rycroft and Messrs. Peter Kozelj and
Paul E. Furdon, applicants for the positions of
patrolmen met with the Board.
Notification from the Division of Civil Ser-
vice stated that Mr. Kozelj has been given credit
as a disabled veteran and must be appointed and
employed in preference to all other persons, includ-
ing veterans.
The Chief stated that he had inquired about
Mr. Kozelj ' s disability, and it was a cast - very Police
minor. Appointments
Mr. Driscoll inquired how soon the men could
go to work if appointed .
Mr. Furdon said that the First National Stores
expect him to leave any time.
The Chief explained that Mr. Kozelj 's firm is
moving to Canada, and told the men if they had an
opportunity to make a change, they could leave any
tide. He suggested that the appointments be made
effective October 31, 1952.
The group retired at 7 :50 P. M.
Upon motion of Mr. Gay, seconded by Mr. Driscoll,
it was unanimously voted to appoint Peter Kozelj, 983
Waltham Street and Paul E. Furdon, 822 Massachusetts
Avenue, as patrolmen in the Lexington Police Depart-
ment, effective October 31, 1952.
At 8:20 P. M. Chairman Roeder, Messrs. Sheldon,
and Fitzgerald, Fire Commissioners, met with the Board
and, at the suggestion of Mr. Emery, Mr. Stevens was
requested to return to the meeting.
Mr. Roeder said that he called the Chairman the
other evening to let him know about what the Commis-
sioners consider, two bad accidents; one was the
ladder, and the other involved Mr. Govan. Be said
that they will both run into some money.
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He read a report about the accident in which
Mr. Govan was injured, and it was given to Mr.
Stevens. He said that the Commissioners felt this
accident was due to negligence, but, inasmuch as
there are no rules and regulations available to
the men, no charges are to be preferred.
Mr. Sheldon said that there were no instructions
issued to Lieutenant Spellman telling him how to
handle the gun.
Mr. Roeder said that he has reports from all
of the men at the scene, and no one actually saw
the accident happen becuase they were watching the
pump gauges on the truck. Mr. Govan told Mr. Roeder
that he saw the deck gun start to move', and he
attempted to hold it down.
The Chairman asked if Lieutenant Spellman were
Fire instructed as to that rate of speed the pressure
Department could be raised to 200, and Mr. Roeder said that
Report on normally, if the gun were pointed at an angle, it
Accidents would not make any difference. At the time in
question it was horizontal, and there was a tenden-
cy to push back.
Mr. Gay asked if the Commissioners felt that.
there wail anything defedtive about the gun, and Mr.
Roeder replied in the negative.
The Chairman asked if the Commissioners had
arrived at a definite recommendation on this incid-
ent,
and Mr. Roeder replied that they have not had
a meeting since the report was compiled.
Mr. Sheldon explained that the reason for the
meeting with the Selectmen this evening is to dis-
cuss the matter with the Board before the Commis-
sioners have another meeting.
The Chairman said that it is entirely within
the province of the Commissioners to handle this
but he would be interested to know as soon as it is
determined how badly Mr. Govan is hurt and what the
situation will be in this regard.
Mr. Driscoll asked if Lieutenant Spellman is
the regular drill master, and Mr. Roeder replied
that he is one of them.
Mr. Sheldon said that the Commissioners seem
to be dealing with a situation where there is no
violation of instructions because there were none,
and it appears about the worst accusation that can be
made would be failure to take precautions which
might have occurred to the man but didn 't.
Mr. Emery said that he is concerned with the
possibility of this man suing the town; the fact
that there were no rules or regulations might be
a claim for damages.
Mr. Stevens said that the Statute says the
town shall reimburse for damages including medi-
cal expenses and hospital expenses in an amount
approved by the appointing authority. When the
Board of Fire Commissioners set the amount the
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town has to pay it.
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Finery asked if the amount could be contested
by the injured man, and Mr. Stevens replied in the
give. He said that the Supreme Court has upheld
the Statute .
Mr. Emery asked if the legal limit of the Man's
recovery from the town would be set by the Fire Com-
missioners, and Mr. Stevens replied in the affirma-
tive.
Mr. Gay asked if this man's recourse is the amount
set by the Fire Commissioners, and Mr. Sheldon replied
in the affirmative.
The Chairman said that the expenses would be Mr.
Govan's pay, which he assumed would go on, his hospital
expenses and doctor 's bills .
Mr. Emery inquired as to that would happen if the
doctor told the man he would not ful}y recover, and Mr.
Stevens said that he could apply for retirement, but
could not get any more damages than allowed by the
Fire Commissioners.
Mr. Roeder said that he has asked Dr. Pious for
a complete report to be attached to the file on the case.
Mr. Fitzgerald said that he had checked with six
different people at the drill, and there is not one man
who can tell what the pressure was at the time of the
accident. A Mrs. Ward, coming out of the Station, was
the first person to see it.
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Mr. Sheldon said that the Commissioners have a re-
port from every man present at the time and submitted
a questionnaire to Lieutenant Spellman because they
were not entirely satisfied with his report.
The Chairman said that the Selectmen have the report
and are concerned with the man's condition and would
like to know about his condition as soon as it becomes
definite. He said that, if there is any subsequent suit,
it will be directed against the Lieutenant, and it would
seem .unlikely that such a suit would be forthcoming.
Mr. Roeder said that he talked with Mrs. Govan, and
she is only interested in how they are going to pay
the doctor 's and hospital bills.
Mr. Roeder then read a report on the accident which
occurred at the Munroe School in which the Ladder #1
was involved. He explained that each year during the
Fire Prevention week the Department usually gives the
schools some type of demonstration. They were not going
to do it this year, but received a request for a demon-
stration and started on Thursday. In going from one
school to the other Deputy Chief Cook told the men not
to bother taking off the escape hatch and leave it for
the next school. This was done in order to save time.
During the demonstration a box came in, and Engineer
Cook left for the fire. If the escape hatch had been
left on at the previous school, the accident would not
have occurred .
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The Chairman asked what the Commissioner re-
commended, and Mr. Roeder replied that the private
was following instructions given by the Chief En-
gineer.
Mr. Sheldon said that the Commissioners would
discuss the matter with the Chief Engineer and he
does not think that the man in charge of the ladder
should be criticized.
The Chairman said that this incident is en-
tirely an intermural affair of the Commissioners.
The group retired at 9:00 P. M.
Further consideration was given to Mrs . De-
Lorenzo +s verbal request for abatement of street
betterment assessment 1.evied against Lot 116 Cary
DeLorenzo Avenue.
Street The Board viewed the property, received a re-
Betterment port from Mr. Jackson, Health Sanitarian, and was
of the opinion that the lot has definitely been
bettered and there is no justification for abate-
ment .
Further consideration was given to Mrs. Vali-
hurats offer of $70 for Lots 42 and 44 Valleyfield
Street.
Because of drainage in this area, involving
Tax title easements, the Board authorized the Chairman to ad-
vise Mrs. Valihura that these particular lots are to
be retained by the town .
Upon motion of Mr. Driscoll, sedonded by Mr.
Gay, it was voted to grant the following uses of
halls :
Uses of
halls Lexington Boy Scouts Cary Hall Nov. 29 $35.00
Alcoholics Anonymous Estabrook Nov.' T6 free
Chamber of Commerce Cary Hall Nov. 10 35..00
The Chairman reported that Mr. Vernon Page
called him today and informed that he, Lee Tarbox
and David L. Peirce are composing a letter to be
Package sent to all the churches ih town in an effort to in-
Stores fluence the people to vote against liquor licenses.
He wanted to know if the members of the Board of
Selectmen would be among the signers of the letter.
Upon motion duly made and seconded, it was
Sign voted to sign the warrant calling a Special Town
Warrant Meeting to be held on November 17, 1952
Upon motion of Mr. Gay, seconded by Mr. Reed,
License it was voted to grant a Sunday Movie License to
the Lexington Amusement Company, Inc.
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Letter was received from the Lexington Chamber
of Commerce requesting permission to decorate the
II center, at the Christmas Season, with colored lights,
also permission to broadcast Christmas music and place
an illuminated tree at the junction of Massachusetts
Avenue and Pleasant Street. Christmas
Upon motion of Mr. Emery, seconded by Mr. Gay, Lights
it was voted to grant the requests providing the
Chamber of Commerce will keep its activities in keep-
ing with the proposed religious observance to be held
by a group of representatives of all the churches .
The Chairman said that he would advise the Chamber of
Commerce to contetct Mrs. Colby in this regard.
Upon motion of Mr. Driscoll, seconded by Mr. Gay,
it was voted to sign an instrument prepared by Town Sign par-
Counsel, a partial release of land from water better- tial release
merit assessment, including land of Charles W. Ryder,
Lot No. 1, Cary Avenue.
The meeting adjourned at 9:35 P. M.
A true record, Attest ;
erk `
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