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HomeMy WebLinkAbout1947-12-29 182 SELECTMEN'S MEETING December 29 , 1947 A regular meeting of the Board of Select- men was held in the Selectmen's Room on Monday evening, December 29, 1947. These were present were Messrs . Locke, Emery, Gay and Driscoll. Mr. Paxton was unable to attend the meeting because of illness and Mr. Locke served in the capacity of Chairman. Director of At 7 30 P.M. Mr. Chapin, Director of Veteran 's Veteran' s Services and Veteran' s Benefits, met with the Board. The Chairman asked if he had Benefits specified any regular office hours and Mr. report Chapin replied that he has published a notice in the last issue of the Minute-Man that he will be at the Town Office Building every Thursday , all day. The Chairman explained that the Board's idea in keeping in touch with the Director was to try to assist him if possible and help in solving any problems he might have. Mr. Chapin said that he had no problems up to the present time and agreed to submit a short report to the Clerk of the. Board keeping the Board advised of his Department. Mr. Chapin, speaking for the V. F. W. , asked if the Board had any special time that they would like to have the old fire station moved. The Chairman asked if the organization Veterans re : had some one working on plans and Mr. Chapin removal of replied in the affirmative. They have an fire architect now but they would like to have station some idea as to when the Board expects to have the building moved. The Chairman asked, in the normal development of the Veteran' s plans, when would they be ready to move the building. Mr. Chapin said he did not think they would be ready before Spring. The Chairman said he did not believe anyone would expect the Veterans to be able to put in a foundation within the next few weeks but the Board would want the matter given careful attention so that it would not go on month after month. He explained that something may develop whereby the town will want the building removed. The Chairman asked x:83 if the organization would be able to move the building before May first . Mr. Chapin said he would try to find out and let the Board know. Mr. Emery said that he thought May Snow Removal first should be designated as the dead line . Mr. Chapin agreed to report back to the Veterans Emergency and advise the Board. He retired at 7 :40 P.M. Mr. DeFoe, Sup' t. of Public Works, Mr. Iloyt , Chairman of the Appropriation Committee , and Mr. Walker, Town Accountant, met with the Board for the purpose of discussing additional funds for snow removal. Mr. DeFoe informed the Board that through to-day and assuming that the town will have to use certain equipment the next few days, and taking into account what he has on hand, there is a deficit of $12,828.21. Mr. DeFoe explained that this was figuring no overtime any only the equipment that has been allocated for the next two days. The Chairman asked if the account was short after the storm before Christmas and Mr. DeFoe replied in the alfirmative. The Chairman asked if he were allowing for the transfer of $2,000. Mr. Walker explained that there is $10,051.08 after the $2,000 . transfer. He stated that it includes the payroll ending the day, December 25th. Mr. Emery asked if this included the $2,000. transfer and Mr. Walker replied in the affirmative. Mr. Emery asked if they went into the last storm with $10,051.08. Mr. Walker said that he paid the December 25th payroll and after that he had $10,051.08. left, but Mr. DeFoe also had bills from the previous storm. Mr. DeFoe explained that he had his own Road Machinery. He said that he had paid for the first storm and all the hired equipment with the exception of $42.00. He ex- plained that on the second storm he had no hired equipment . Mr. Emery asked what the storm of December 23d cost . Mr. DeFoe stated that the cost of Friday ' s storm, starting on the 26th and extending through Wednesday was $9,473 .79. Mr. DeFoe informed the Board that there was an item for two plows which have been delivered but which have not been paid for. He said he also has to pay for the plow for the grader and chains 1 1 _ 184 for the grader. The Chairman asked Mr. DeFoe if he had tried to estimate the cost of repairs on the equipment. Mr. DeFoe said that the rear axle on one of the Fords broke down and he sent it to Child's Garage, one of the Chevrolet trucks broke down, one of the axles on the Army truck broke down and there is a truck with a front knuckle broken. He said that one of the hired autocars was also broken and he does not know how much the repairs will cost. Mr. Emery asked if the cost of the last storm would run into $10,000 and Mr. DeFoe said he thought that was a good estimate. The Chairman inquired as to the amount of snowfall and Mr. DeFoe replied that he had measured it in many places and he found it varied ao greatly that he took 12 inches as an average. Lr. DeFoe informed the Board that he has gone over the $3 , 500 gasoline allowance and will be about $1,000 short. Mr. Hoyt asked if this was on the second storm and Mr. DeFoe take it was fof both storms. Mr. Hoyt suggested that Mr. DeFoe take the deficit on the first storm and then request a transfer; confining the emergency to the second storm. Mr. Walker asked Mr. DeFoe how much money he wanted altogether. Mr. DeFoe said that he was : 12, 828.21 short , not including any repairs for equipment. Mr. Emery asked where the money would come from and Mr. Walker explained to the Board of Selectmen that according to Section 31, Chapter 44, of General Laws , by a two-thirds vote of the Selectmen an emergency could be declared, and next year he will certify that there was an overdraft and the Assessors will have to raise the money in the next year's tax levy. Mr. Walker explained to the Board that he had talked to Mr. Lang, Director of Accounts, who advised him that he would go along with the Town if the Selectmen, by a two-thirds vote voted that an emergency existed involving the health or safety of persons or property. Mr. Lang suggested, however, that the Selectmen limit the time for the emergency, and also limit the amount of money involved. Mr. Emery asked if Mr. Lang told Mr. Walker that other towns are in a similar situation and Mr. Walker replied in the affirmative. Mr. Hoyt said he I 185 � 1 supposed the correct way to handle it would be to include an article in the warrant at the annual town meeting ratifying the emergency vote. The Chairman asked if there were any other ques- tions of procedure and there were none. The Chairman said it now became a matter of the total amounts involved . He said he saw little the Board could do except choose an amount that the Board is satisfied with and which will carry the account through Wednesday, December 31, 1947. Mr. DeFoe asked if he could pay for the gasoline out of the snow removal account. The Town Accountant and the Board of Selectmen felt that this would be a correct charge. Mr. Walker said that he would like to see all the bills up the December 25th paid before the emergency is dec- lared. Mr. Hoyt said it looks as if there would be sufficient funds in the Reserve Fund so that the emergency could be started with the second storm. Mr. DeFoe asked if he should charge the gasoline to snow removal. He said that he was $973 .00 short and he will be purchasing to- morrow $250.00 more. Mr. Hoyt said that he thought it would be logical to say that the gas- oline is a problem that enters into the emergency. Mr. Walker asked Mr. DeFoe if he had $2500 for snow removal would it take care of him up to the 25th and Mr. DeFoe replied in the negative . He said that if he has $4, 183 he could pay for the storm up to noon on December 26th, when the other storm started and he could pay for the equipment the town has committed itself to. He said he could also pay for the road machinery. He said that $3 ,382.00 would clean him up to the storm of the 26th. Mr. Hoyt said that there are not sufficient funds to do that. Mr. Walker said that the Appropriation Committee has requests for transfers this evening amounting to $1,700 . Mr. Hoyt suggested that Er. DeFoe omit the charge to the Road Machinery Account , however, Mr. DeFoe was very much opposed to this suggestion. Mr. Emery moved that the Appropriation Committee be requested to transfer the sum of $1,000 from the Reserve Fund to the Road Machinery Account. Mr. Gay seconded the motion, and it was so voted. Mr. Driscoll then 186 �D 1 moved that the Appropriation Committee be req- uested to transfer the sum of $1,500 from the Reserve Fund to the Snow Removal Account. Mr. Gay seconded the motion, and it was so voted. Upon motion of Mr. Emery, seconded by Mr. Gay, it was voted that due to an extreme emergency involving the safety of persons and property, the Sup't . of Public Works is authorized to pay bills resulting from the removal of snow during the period beginning December 23 , 1947, and ending December 31, 1947 in an amount not to exceed $15,000. Mr. Hoyt and Mr. Walker retired at 8:26 P.M. Approve payment Mr. DeFoe informed the Board that one of the men at the Public Works Building threw out for damages a clutch in one of the units and applied the to Mr. Shea ' s brakes, the clutch shaft broke and the unit car. smashed into the Town Painter's car and damaged it to the extent of $52.15. Mr. Driscoll moved that the cost of repairs in the amount of $52.15 be charged to Snow Removal. Mr. Gay seconded the motion, and it was so voted. Accident The Chairman read a letter dated December 27th, received from F. Louis Carroll relative to F. L. the accident which occurred on December 6th in Carroll & which a town truck was invloved. The Chairman Town Truck asked who ordered Mr. Carroll' s car repaired and Mr. DeFoe said he did not know. The Chairman asked, if in his opinion, he thought the Town was liable and Mr. DeFoe said that the Board has Mr. Carroll's story and he has received a report from the truck driver and the two do not agree . Mr. DeFoe said that the Town Counsel had suggested that he obtain an estimate of the cost of repairs and he did so from F. K. Johnson. The Chairman suggested that the letter be referred to the Town Counsel to supplement the data he already has on this matter. Mr. DeFoe The Chairman informed Mr . DeFoe that the Board re J. T. of Selectmen has invited Mr. Cosgrove to meet with Cosgrove them this evening and that any action relative to re-appointment as Town Engineer has been held up. He explained that the Board has discussed this subject but has come to no ficial conclusion. He 187 said he believed the Board was ready to tell Mr. Dosgrove that he will not be re-appointed Town Engineer. The Chairman explained that there is the feeling that the Board does not want to let him go but might make a job for Mr. DeFoe him at some reduction in pay. He asked Mr. re J. T. DeFoe to tell the Board what he thought of Cosgrove Mr. Dosgrove 's capabilities. Mr. DeFoe said that Mr. Cosgrove knows the work but he did not believe he "pushed the men in his Department enough". He said he does not think he insists upon certain things being done at certain spec- ified times. He said that &t times Mr. Cosgrove is very helpful in getting out assessments, etc . The Chairman said that is the type of work the Board will expect him to do . The Chairman asked Mr. DeFoe if he felt the work was not efficiently supervised. Mr. DeFoe replied that Mr. Cosgm ve has not help enough. The Chairman asked him if he felt that the present set-up in the Engineering Department could turn out the work. Mr. Driscoll asked if Mr. Burns, with the co-operation of the Selectmen, could get the work out of the Department. Mr. DeFoe replied that Mr. Burns is a good man and that he feels that he could do the job and do it well. He said he did not know how Mr. Cosgrove would feel about working under Mr. Burns. Mr. Gay asked if he thought Mr. Burns would take the two jobs and Mr. DeFoe replied in the affirmative. Mr. Gay asked if Mr. Burns would expect more money and Mr. DeFoe said that very decidedly he would. Mr. DeFoe retired at 9 15 P.M. , and Mr. John T. Cosgrove met with the Board. The Chairman said that he was sorry Mr. Paxton was not able to be here because the Board J. T. had invited Mr. Cosgrove to discuss with them Cosgrove something that had been on their minds in connection with what is really a possibility of re-organizing the Engineering Department. The Chairman said that the question has come up and been discussed a number of times in the past and the feeling is, before the Board makes an appointment of a Town Engineer, whether in the best interest of the town a change should be made. The Chairman explained that the Board has not reach- ed a final decision or conclusion on the matter. L J 188 u He said that the growth of the work in the town and for the best interest for the town the Selectmen may feel tt is necessary to make a re-arrangement. He said the Board does feel that Mr. Cosgrove has been with the town a long time and the last thing this Board or any member of the Board wants to do is to push the present Town Engineer out of the Department. The Chairman said the Board would like to know how Mr. Cosgrove would feel in continuing on in the Department, where the Town could make use of his knowledge, but being definitely under some- one else who might take over and assume the full responsibility for the Department. Mr. Cosgrove replied that he would like to have one more appoint- ment. He stated that after a year of work and worry it is very discouraging to him to even think that the work has not been properly handled. He said that when he says "work" he means three times as much work as has ever been put out in any year before, and with two less men. He said that when he says "worry" he means that the Department has hundreds of betterment assessments this year that should have been checked but there are so many cases where there is a dead-line as to time limits it is impossible to do it. He said he would definitely like one more appointment. The Chairman asked why he would like one more and Mr. Dosgrove said that he has been in the Depart- ment so long he would consider it a "slap in the face" not to get it. He said that within the next six months he would try definitely to see what he could do about retirement. The Chair- man said that the Board does not want to try to discuss any details of whether the work hasn't gone well . He said that Mr. Cosgrove made the point that the Department has been understaffed. He asked if he felt that the group was too small to handle the work and Mr. Cosgrove replied that there is no question about it . The Chair- man asked what Mr. Cosgrove would need in the Department and he replied that he would need two men who knew something about engineering. He said he would want two men who could run a gun, figure and help almost any way in any large project. Mr. Cosgrove said at the present time he has only one man who can do field work and put it on paper. The Chairman asked who 1 189 1 that man was and Mr. Cosgrove replied it was Mr. Higgins. He said he is a good man but slow, The Chairman asked if Mr. Higgins work was accurate and Mr. Cosgrove replied that he hardly ever makes a mistake. Mr. Gay asked if Mr. Cosgrove has had the two men he speaks of in the past and Mr. Cosgrove replied that he had Al Miller and Bruce Lewis. The gha,irman asked if the Department was larger a good many years ago and Mr. Cosgrove said there used to be seven and now there are five men. He said that bne is a hold-over from the W. P. A. The Chairman asked who that was and Mr. Cosgrove replied that it was Mr. Lawton. Mr. Locke asked if he wasn' t a good man and conseientious worker and earned his salary. Mr. Cosgrove replied in the affirmative. Mr. Cosgrove asked if the Board believed that the Department has not been operated efficiently during the past year. The Chairman said that it is difficult for the Board to get a measure of what is efficient operation. he said he thought there was some reason to ;feel that the Department has not been supervised too well and that the amount of work completed has not been what it should: be . Mr. Cosgrove said that he would be almost willing to gamble that Superintendent DeFoe would back him up on the work he has put out for him. He said there is hardly a job that comes to the Superintend- ent that does not come to him. The Chairman asked what work had been given to the Department besides street layouts and Mr. Cosgrove replied that they have had water, sewer and highway assessments. He said the Department has also done a great deal of work for the Town Counsel on court cases and on the new sewer projects, in chasing up owners to get released, to take borings or soundings. He stated that from September on he spent a full five weeks obtaining signatures. The Chairman asked if there were more than one project and Mr. Cosgrove replied that there are five - South Branch, North Branch, Bow Street , Bartlett Avenue to Lexington Nurseries, Lexington Nurseries up to the brook. The Chairman said he did not believe there was anything further to be said at this point and he was sorry that Mr. Paxton was not present to join ih the discussion. He said that 1 L 190 `.o ng Cad1 all the Board could do this evening was to leave the matter open for another week before it can be settled. Mr. Cosgrove said that Mr. Paxton had stopped at his house and he did say that if Superintendent DeFoe would back him up, he him- self would back him up. Mr. Cosgrove said that Mr. Paxton had made this remark to him and his wife. He said that he would appreciate anything the Board could do for one more appointment. Mr. Cosgrove retired at 9.35 P.M. The Chairman read a letter from Nathan B. Bidwell, lawyer for Mrs. Sarano , stating that Mrs. Sarano received bills amounting to approx- imately $680 for the assessment of water better- ments on Lincoln Street, for which he has requested an abatement. She has now received further bills for assessment of water better- Mrs. Sarano ments on Lincoln Street in the amount of re $752.33, for which she will request an abate- abatement ment. Mr. Bidwell stated that these two req- of water uests are in accordance with an understanding, betterments that by an abatement of these two bills Mrs. Sarano will execute a release to the Town of Lexington for the taking of approximately 12, 500 square feet of land on Lincoln Street. The Chairman also read a letter from Mrs. Sarano requesting the Board to abate $680 and $752.33 in exchange for a release by her of the damages arising from the taking of approximately 12, 500 square feet of land under the order of the County Commissioners of Jan- uary , 1946. The Chairman explained that the Board had .discussed this but was unable to take any action until the final assessments had been made. Mr. Emery said he understood this was an agreement entered into more or less by a previous Board and he asked if the proper procedure would be to sign an abatement or to exhhange checks. The Clerk was instructed to write to the Town Counsel for an opinion. A letter was received from the Town Counsel Retirement relative to the Town and employees of the town System under the Contributory Retirement System. Opinion I 6 191 1 Each member of the Board has received a copy of the communication. The Clerk was instrdcted to write the Town Counsel, and state the Select- men understand the entire letter was written upon the supposition that the Town employee has been appointed some years aLo for a definite period of time and to ask if his opinion would be any different providing the employee were appointed from year to year, and if so in what respect. The Chairman read a letter from the Town Article Counsel regarding the procedure followed relative re: salar- to salaries of elected officials of the town under ies of the provisions of Chapter 540 of the Legislative elected Acts of 1947. Mr. Lynch stated that it is his officials 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. It was decided to discuss this matter further with the Town Counsel next Monday evening. The Chairman read a letter from the Secretary of the Board of Retirement to which was attached a copy of Chapter 615 of the Acts of 1947 which he claimed should be accepted by the Town if it is to become effective. Mr. Walker explained that it is a temporary account for the period of Sept- ember 1947 to September 1948 unless extended by Pension the next session of the Legislature. Fund The Act makes a maximum of $1, 200 instead of $1,000 which was provided in Chapter 559 of the Acts of 1946, accepted by the Town iwerch 24, 1947, which increased pensions by 20% to all persons receiving less than $1,000 and providing no pension or retirement allowances would be increased to more than $1,000. The Clerk was instructed to refer the communication to the Town Counsel and to ask him whether or not it would be necessary to include an article in the warrant at the annual town meeting. The Board gave further consideration to Mrs. Tax Title Walter W. Webber' s offer of $100 for lots 214-217 Frkemont inclusive on Freemont Street. A proposal to sell Street 192 6 these lots was advertised in the December 24th issue of the Lexington Minute Man. No persons contacted the Selectmen's office as the result of the advertisement. Mr. Emery moved that the offer be accepted and that lots 214-217 inclusive, on Freemont Street be sold and con- veyed to Ars. Webber. Mr. Driscoll seconded the motion, and it was so voted. A letter was received from the Lexington Council of Girl Scouts stating that the rental Cancel use of Cary Hall would be too much of an added of hall expense to the banquet which they propose to hold and they have , therefore , made other arrangements. The Chairman read a form letter received Fuel Oil from Governor Bradford relative to the appoint- Committee ment of a Committee to hand requests from people in the community who will be unable to obtain fuel oil or gasoline through their regular suppliers. The matter was held over for one week to give the Board an opportunity to make inquiries. Upon motion of Mr. Gay , seconded by Mr. Licenses Driscoll, it was voted to renew the following licenses- (renewal) Harvey J. Comrie 93 Mass. Ave. Common Victualler Partridge 's 1709 Mass. Ave. David Michelson 30 Harding Rd. Guide William Viano 1794 Mass. Ave. Sunday Movies Upon motion of Mr. Gay, seconded by Mr. Sign deed Driscoll, it was voted to sign the deed conveying Lots 43-44 Garfield Street to Andrew Adamson. The Chairman read a letter from the Board of Fire Engineers requesting a transfer in the amount Approve of $514 for the payment of bills, both actual Transfer and estimated, contracted for and becoming pay- able in 1947 . Mr. Emery moved that the Appro- Fire Firertment priation Committee be requested to transfer the Desum of $514 from the Reserve Fund to the Fire Department , Expenses Account. Mr. Gay seconded the motion, and it was so voted. 1[93 The Chairman read a letter from the Chief of Police relative to issuing a Special Police badge to Sebastiano Paladino , attendant at the Town Dump on Lincoln Street. The Chairman Hold over said that he thought the Board should review this Badge for matter again and he would be inclined to go along Paladino with the Chief of Police unless the Board feels that it is absolutely necessary to issue a special police badge to kr. Paladino. Mr. Driscoll said he thought the previous vote on the subject should be rescinded. It was decided to hold the matter over for one week. The Board agreed that they would meet on Saturday morning at 9:00 A. M. for the purpose of discussing budgets. The meeting adjourned at 10.35 P.M. A true record, Attest V le , electmen. tt\k/ __