HomeMy WebLinkAbout1947-12-29182
Director of
Veteran's
Benefits
report
Veterans re:
removal of
fire
station
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.
At 7:30 P.M. Mr. Chapin, Director of
Veteran's Services and Veteran's Benefits, met
with the Board. The Chairman asked if he had
specified any regular office hours and Mr.
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 organition
had some one working on plans and Mr. Chapin
replied in the affirmative. They have an
architect now but they would like to have
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
183.
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.
Hoyt, 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 112,828.21.
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
affirmative. The Chairman asked if he were
allowing for the transfer of 12,000. Mr. Walker
explained that there is 110,051.08 after the $2,000.
transfer. He stated that it includes the payroll
ending the day, December 25th. Mr. Emery asked
if this included the 12,000. transfer and Mr.
Walker replied in the affirmative. Mr. Emery
asked if they went into the last storm with
110,051.08. Mr. Walker said that he paid the
December 25th payroll and after that he had
110,051.08. 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,¢73.79. 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
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 $32500 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 emergenny 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
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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 Mr. 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
Approve payment
for damages
to Mr. Shea's
car.
Accident
F. L.
Carroll &
Town Truck
Mr. DeFoe
re: J. T.
Cosgrove
moved that the Appropriation Committee be req-
r.uested to transfer the sum of $1,540 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.
Mr. DeFoe informed the Board that one of
the men at the Public Works Building threw out
a clutch in one of the units and applied the
brakes; the clutch shaft broke and the unit
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 ;,econded the
motion, and it was so voted.
The Chairman read a letter dated December
27th, received from F. Louis Carroll relative to
the accident which occurred on December 6th in
which a town truck was invloved. The Chairman
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.
The Chairman informed Mr. DeFoe that the Board
of Selectmen has invited Mr. Cosgrove to meet with
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
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1
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 st 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`thim 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 Ivir. 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 -th€It 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
had invited Mr. Cosgrove to discuss with them
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 iae made.
The Chairman explained that the Board has not reach-
ed a final decision or conclusion on the matter.
J. T.
Cosgrove
188
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 saiid 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
189
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 9hai msn'';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 One 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
conscientious 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 ihHthe discussion. He said that
190
Mrs. Sarano
re:
abatement
of water
betterments
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-
ments on Lincoln Street in the amount of
$752.33, for which she will request an abate-
ment. Mr. Bidwell stated that these two req-
uests are in accordance with an understanding,
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 x752.33 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
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 ago 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
Counsel regarding the procedure followed relative
to salaries of elected officials of the town under
the provisions of Chapter 540 of the Legislative
Acts of 1947. Mr. Lynch stated that 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. 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 aecepted 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
the next session of the Legislature.
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'+aroh
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.
Walter W. Webber's offer of $100 for lots 214-217
inclusive on Freemont Street. A proposal to sell
191
Article
re: salar-
ies of
elected
officials
Pension
Fund
Tax Title
Frkemont
Street
192
Cancel use
of hall
Fuel Oil
Committee
Licenses
(renewal)
h
Sign deed
Approv e
Transfer
Fire
Department
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 krs. 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
of Cary Hall would be too much of an added
expense to the banquet which they propose to
hold and they have, therefore, made other
arrangements.
The Chairman read a form letter received
from Governor Bradford relative to the appoint-
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.
Driscoll, it was voted to renew the following
licenses:
Harvey J. Comrie
Partridge's
David Michelson.
William Viano
93 Mass. Ave.
1709 Mass. Ave.
30 Harding Rd.
1794 Mass. Ave.
Common Victualler
Guide
Sunday Movies
Upon motion .of Mr. Gay, seconded by Mr.
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
of $514 for the payment of bills, both actual
and estimated, contracted for and becoming pay-
able in 1947. Mr. Emery moved that the Appro-
priation Committee be requested to transfer the
sum of $514 from the Reserve Fund to the Fire
Department, Expenses Account. Mr. Gay seconded
the motion, and it was so voted.
22v-
1
193
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 Mr. 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:
-;2V -
le electmen.