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HomeMy WebLinkAbout1938-08-09fF L___ 1 451 SELECTMUT 13 MEETING AUG. 9, 1938. A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, at 7:00 P.M. Chairman Giroux, Potter and Ross were present. The Clerk was also present. Messrs. Raymond and Wrightington appeared before the Board. The Chairman stated that Mr. Wrightington had been re- quested to appear to discuss complications which had arisen in connection with the Vine Brook Drainage project. He said that there were two questions to be settled - that of Mr. Albert H. Burnham, who contends that various things will happen to his land if the project goes through, and that of the Town of Burlington, which feels that there will be flooding in Burlington if the dam at Butterfield's Pond is constructed. Mr. Wrightington said that the important thing was what the Town was going to do and he said it was not clear in his mind as to what the Board wished to accomplish under the vote as_ passed at the Town Meeting. He thought the only question on Burnham's part was keeping his water table up. Mr. Raymond said that Mr. Burnham would be satisfied if the Town could take care of the general water level on his lands by the construction of dams, but there did not appear to be assurance enough to him that the town would leave enough water to supply him in the Spring. He said Vine Brook that no one could say just what would happen. Mr. Raymond Drainage said that it was possible that the work might cut the under- ground stream which feeds the spring near the 2arnham house or might cut a dyke somewhere. Mr. Wrightington asked if that would not show up sometime before the work was completed if it was going to at all and Mr. Raymond replied in the affirmative. Mr. Wrightington asked what could be done to prevent it, and Mr. Rejmond said that possibly the remodelling of the pumphouse might take care of it. Mr. Wrightington asked if whatever Mr. Burnham wanted to be done could be done as part of the construction work. Mr. Raymond said that it could not but one could probably find out what the difficulties were Eping to be within one year after the work was completed. Mr. Wrightington said that Mr. Burnham was entitled to sue f or damages within one year after a taking and even if these troubles did not develop within one year, he could argue befcre a jury that things were going to happen. Mr. Wrightington said he thought the town had power to settle things of this scrt either by the payment of money or by public works to eliminate such troubles. He said the town's power was very broad. The Chairman asked if insofar as --the vote was concerned, it was legal. Mr. Wrightington said he saw no objection to it. The vote is general in terms and it does not matter what your vote says, it is what you do under the vote. He said Mr. Burnham might claim 452 damages when the work was done unless the town made some agreement with him now. The Chairman asked if he should be approached now and Mr. Wrightington said he would , recommend keeping in touch with him right along and doing whatever he wanted now. He said it would be all right if a taking was made or an agreement. He thought, however, that from both Burnham's and the town's point of view it would be better to make a taking and get started and then if Burnham wanted to claim for damages, everything would be perfectly clear. He said he would be willing to sit down and talk with Mr. Burnham and find out what he wanted and explain his point of view. Mr. Potter moved that Mr. Wrightington be authorized to consult with Mr. Burnham as soon as possible on these matters. Mr. Ross seconded the motion and it was so voted. Mr. Raymond said that he told the Burlington Selectmen that it was necessary for Lexington to obtain the consent of the town of Burlington before constructing the dam at Butterfield's Pond and asked them if they could see any objection to recommending that the town of Burlington grant the necessary approval. Mr. Ward, one of the Selectmen, maintained that there would be a lot of flooding in Burl- ington and insisted on the viewpoint that the construction of this dam would flood lands downstream of the dam. Mr. Raymond told him that that would not be so; -that the water held behind the dam was in Lexington and that we.would not put water into Burlington any faster than in the 1936 flood and that the purpose of the dam was.:to hold the water in Lexington further upstream. Mr. Ward then stated that water went over Lowell Street in the 1936 flood. The gist of the matter was that Mr. Ward said that Burlington would require an engineering report assuring the property owners that the dam would accomplish what we said it would and would not increase the floods in Burlington, and also it would require a vote of the Town of Lexington to the effect that Lexington would defend and indemnify and save harm- less the town of Burlington for any claim for damages arising out of the construction of this dam. Mr. Wrightington said that if we undertake to indemnify Burlington, we will not take any particular chance except in defending any suits brought against the Town of Burlington as no one would sue Burlington without suing Lexington also. He said he did not believe Burlington ran any particular risk as Burlington was not going to do anything. He saw no reason why the town should object to any such agreement. There is nothing in the 1936 Act Which specifically states that we have the, right to indemnify another town. If Burlington would be satisfied, Mr. Wrightington wrould be in favor of adopting such a vote. He said the only thing to be careful of was not to bind ourselves and be liable for any kind of a suit that rdE�it be brought and which might not have any grounds. Mr. Wrightington said that he would get in touch with the Town Counsel for Burlington and try to draw up a satisfactory , agreement. The Chairman stated that Miss Louise Hannaford claimed that the water poured down from the accepted streets above Drainage her property onto Middleby Road and washed out the street. Middleby She wanted to know if the town would put in a catch basin Road. at the end of the accepted street so that the water would not wash out the street. Mr. Raymond said there would have to be an outlet for the catch basin. He would look into the matter. The Chairman brought up the question of lighting Center, Lexington center all night in view of recent breaks in lighting. ' stores. He requested Mr. Raymond to get some information on the matter. 453 Mr. Ross moved that the Selectmen call a special town Town meeting on August 25th, 1938 to present to the voters the Meeting North Lexington Sewer project in view of the Federal grant re sewer in the amount of 069,300.00 redently allotted. Mr. Potter project. seconded the motion and it was so voted. Mr. Raymond said that $15.,000. would be needed for ",P.A. Labor and Materials to carry to the end of the year. It is expected now that the funds will run out about Article re the first of October. In view of the fact that it takes funds for about three weeks after a town meeting before the money Labor and Is available (on a loan) he recommended that an article Materials be inserted in the warrant for this meeting to see if the town would provide this money. Mr. Raymond remarked that this could be borrowed on tax titles. It was then decided that in view of Mr. Raymond+s discussion, it would be best to insert an article for funds for Labor and Materials in this warrant. The Chairman stated that the Governor of Massachusetts had prepared a new budget and there was $135,000. in it for Route 2A in Lexington, including reconstruction, curb- ing, sidewalks, etc. Representative Gott wanted to know whether or not Lexington wanted this rwrk done. Mr. Ross Route 2A said he believed Rcute.2A to be in very good condition and he did not think it would be a good idea to spend that-,nuch money on that road in Lexington. A letter was received from the Speaker of the House showing that Lexington would receive $16,700. if the five million dollars now idle in the Highway Fund was distributed among each city and town in the Commonwealth. It was the feeling of the Board that if the $135,000. was to come out of a new appropriation and the y16,700. was to come out of an appropriation already made, that it would prefer to have the latter. However, upon information obtained from Mr. Gott, it was learned that both amounts were to be allocated from the five million dollars already appropriated. In view of this, it was decided to recommend the acceptance of the $15500Q0. allotment. The Chairman stated that Miss Louise Hannaford claimed that the water poured down from the accepted streets above Drainage her property onto Middleby Road and washed out the street. Middleby She wanted to know if the town would put in a catch basin Road. at the end of the accepted street so that the water would not wash out the street. Mr. Raymond said there would have to be an outlet for the catch basin. He would look into the matter. The Chairman brought up the question of lighting Center, Lexington center all night in view of recent breaks in lighting. ' stores. He requested Mr. Raymond to get some information on the matter. 454 Chairman - Letter was received from the Appropriation Committee Approp. -advising that Mr. Robert C. Merriam had been elected Committee. Chairman of that Committee. Letter was received from the Board of Retirement to Retirement which was attached a financial statement of the Board from Bd. - State- the period January 1 to June 30.. 1938. The Clerk was ment. requested to make copies of the report and send one to each member. Letter was received from the Town Accountant request- ing permission to take vacation leave for one week beginning Monday.. August 15, Mr. Ross moved that the request be Vacations. granted. Mr. Potter seconddd the motion and it was so voted. The Chairman stated that the Clerk would like to take one weekts vacation beginning August 15th. Mr. Ross moved that she be granted a vacation of one week from that date. Mr. Potter seconded the motion and it was so voted. Letter was received from the Appropriation Committee advising that it had voted not to approve a transfer of funds from the Reserve Fund for the installation of curbing on Grant Street along the U.S. Post Office property due Grant St. to the small amount of the Reserve Fund. The letter stated sidewalk. that there was no way of telling what emergency might arise before the end of the year. The committee suggested that the matter mi ^it be made a Welfare Aid project and that funds for materials might be taken from that special account. Mr. Ross moved that Mr. Raymond be authorized to find funds for materials from the appropriation for Welfare Aid and that the work be done as a Welfare Aid project. Mr. Potter seconded the motion and it was so voted. Letter was received from the Appropriation Committee Insurance advising that it approved placing of insurance on air on air tanks owned by the Town and ,that if additional money was tanks. needed in the Insurance Account at the end of the year by reason of payment of this insurance on air tanks, the Appropriation Committee would make a transfer from the Reserve Fund in an amount not to exceed $66.79. Mr. Harrison P. Eddy of the firm of Metcalf and Eddy, Vine Brook Engineers, appeared before the Board. The Chairman read Contract a letter from Mr. Eddy which showed the experience this firm has had in sewerage and flood control matters. The letter stated that if engaged, the firm intended to use in the field from beginning to end, at least one resident of Lexington. He said that if it was possible to obtain other Lexington men competent and available to engage upon this work, it would be done. Mr. Eddy said that the purpose of the letter was to show the town the experience that the firm had had in the line of work that is required for this project. The Chairman asked what type of work 1 C 455 Lexington men could be employed on and he replied they could be employed on field work. They probably could ' employ one, two or three field men from local people. Mr. Eddy retired. Mr. Raymond said that he had received two proposals Bids 6n for the engineering on Vine Brook, one from J. R. Worcester work. and the other from Metcalf & Eddy. J. R. Worcester agreed to prepare contract plans and . specifications, secure bids, assist in awarding contract and supervise construction work with a competent resident engineer for the amount of 6 3/4% of the total cost of the project. They agreed to extend their services to include preparation of taking plans of all private properties affected by easements for an additional charge of 14% of the total cost of the project. If it was desired that the firm include all inspection and field survey work necessary for the proper estimate of quantities during progress of the work, together with the preparation of monthly estimates upon which payments are to be based, there would be a further charge of 2 a% of the total cost of the project. If all three of the items were accepted s the total fee would be reduced to 10% of the total cost of the project. The cost of the project was intended to be the construction cost, exclusive ofland taking costs and cost of engineering. Mr. Raymond said that the work of preparing taking plans of private properties affected ' by easements could be taken care of by the Engineer Department. He fiured that J. R. Worcester's price eliminating this 14p charge, would amount to $27,780.00. Metcalf & Eddy's proposal was worded quite differently but he said that as near as he could figure out, their proposal for doing the work as outlined by J.R. Worcester amounted to about -X22,000.00. Mr. Raymond said that the Town Meeting had shown by a large majority that it wanted to take advantage of the Federal Grant for this project. In order to take advantage of the Federal grant, he said immediate action was necessary and that the engineering work must be started as soon as possible. In the event that the project does not go through, it will be necessary for the Selectmen to request funds to pay for such engin- eering services as shall have been given. Mr. Potter moved that Mr. Giroux relinquish the chair and that Mr. Ross be elected temporary chairman. Mr. Ross seconded the motion and it was so voted. Mr. Giroux then moved that Metcalf & Eddy be selected as engineers for the Vine Brook drainage project and that they be authorized to proceed with the engineering studies and designs in preparation of contract documents, etc. Mr. Potter sedonded the motion and it was so voted. Upon motion of Mr. Potter, seconded by Mr. Giroux, ' it was voted" that Mr. Ross relinquish the Chair, and that Mr. Giroux resume it. 456 , The Chairman asked Mr. Raymond if he had any other projects that could be submitted to the P.W.A. authorities and he replied that perhaps the Liberty Heights sewer might be worked in. The Chairman asked if i t was daze P.W.A. under P.W.A.,betterments,could be assessed, and Mr. Raymond projects. said that he did not know but if not, the cost to the town would be greater. Mr. Raymond said he always thought that an,attempt should be made to do something itth the North Lexington brook. There is a tremendous area of land extending from Bedford Street to Stratham Road and between the railroad and Hancock Street that is practically useless. No action was taken on the matter. Mr. Raymond submitted a supplementary project for the playground written up so that there would be a contribution Playground of X10,764. of Federal Funds as compared with $2152. of project. town funds. This is to provide for the laying of drains, grassing and seeding, etc. Mr. Ross moved that the project be submitted. Mr. Potter seconded the motion and it was so voted. Mr. Raymond requested authority to add another gate to Playground the fence at the Center Playground. There is money enough fences. in the appropriation and the gate will cost X32.60 additonal on the contract. Mr. Ross moved that approval be granted. , Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that he would like to make pro- vision for a connection pannel in the fence at the East Lexington playground. This will cost $10.47. Mr. Ross moved that this be approved. Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that the P.W.A. letter and Vine Brook resolution in connection with Vine Brook D ainage could Resolution. not be executed by the Board until five days after the Town Meeting which will be Saturday. He did not know how the document could be executed and get in, within the time limit. It is necessary to adopt a resolution accept- ing the offer. Mr. Ross moved that a special meeting be Meeting. held on Saturday morning at 8:30 o teloek. Mr. Potter seconded the motion and it was so voted. Upon motion of Mr. Ross, seconded by Mr. Potter, it was voted to adopt the following sidewalk orders: TAFT AVENUE August 9th, 1938. KNOW ALL MEN BY THESE PRESENTS; That the Board of Selectmen and Public Works of 'Lex- , ington, Massachusetts, in regular session duly assembled on the 9th day of August, 1938, did adopt an order for the construction of a granolithic sidewalk on the southeaster- ly side of Taft Avenue, a public way in said Town of Lex- ington, at property at 16 Taft Avenue, and as designated by Engineer's stakes, in form as follows: It is hereby adjudged by the Board of Selectmen and Public Works of the Town of Lexington that public con- venience requires that a granolithic sidewalk be con- structed on the southeasterly side of Taft Avenue, a pubic way of the Town of Lexington, at ,property at 16 Waft Avenue, and as designated by Engineer's stakes. It is therefore ORDERED THAT granolithic sidewalk be eontructed on the southeasterly side of Taft Avenue, a public way of the Town of Lexington, at property at 16 Taft Avenue, and as designated by Engineer's stakes, and that one/half of the cost thereof be assessed upon abutting estates, all under the provisions of Chapter 83 of the General Laws, and of any amendments thereto so far as applicable. NOW, THEREFORE, this statement of their action is now made to be recorded in the Middlesex South District Registry of Deeds, that all assdssments made or charges imposed utid.er Chapter 83 of the General Laws and any ' amendments made or charges imposed under Chapter 83 of the General Laws and any amendments thereof upon any land which abuts upon said sidewalk, shall constitute a lien upon such land from the time this statement is recorded in said Registry of Deeds. Given under my hand and the seal of the said Town this 9th day of August, 1938. Eleanor M. Lowe Clerk of the Board of Selectmen of Lexington Commonwealth of Massachusetts Middle sex, s s . August 9th, 1938 Then personally appeared the above named Eleanor M. Lowe, Clerk of the Board of Selectmen of the said Town and made oath that the foregoing statement subscribed by her is true, before me, James J. Carroll Notary Public (Term - Mar. 14, 1945). SCHEDULE OF ESTIWATED BETT1=:illi ET1TS REFERRED TO IN THE F0% GOING ORDER ' 16 TAFT AVENUE Owner as of January 1_, 1938 Assessment Cora E. Davies $50.00 457 Sidewalk Order. 458 TAFT AVENUE August 9th, 1938. KNOW ALL MEN BY THESE PRESENTS: ' That the Board of Selectmen and Public Works of Lex- ington., Massachusetts, in regular session duly assembled on the 9th day of August, 1938, did adopt an order for the construction of a granolithic sidewalk on the southeasterly side. of Taft Avenue, a public way in said Tom of Lexington, at property at 18 Taft Avenue, and as designated by En- gineers stakes, in form as follows: It is hereby adjudged by the Board of Selectmen and Public Works of the Town of Lexington that public conven- ience requires that a granolithic sidewalk be constructed on the southeasterly side of Taft Avenue, a public way of the Town of Lexington, at property at 18 Taft Avenue, and as designated by Engineer's stakes. It is therefore ORDERED that a granolithic sidewalk be constructed on the southeasterly side of Taft Avenue, a public way o$ the Town of Lexington, at property at 18 Taft Avenue, and as designated by Engineer's stakes, and that one/half of the cost thereof be assessed upon abutting estates, all under the provisions -of Chapter 83 of the General Laws, and of ' any amendments thereto so far as applicable. NOW, THEREFORE.. this statement of their action is now Sidewalk madd to be recorded in the Middlesex South District Order. Regi.atry of Deeds, that all assessments made or charged. imposed under Chapter 83 of the Ganeral Laws and any amendments thereof upon any land which abuts upon said sidewalk, shall constitute a lien upon such land from the time this statement is recorded in said Registry of Deeds. Given under my hand arra the seal of the said Town this 9th day of August, 1938. Eleanor M. Lowe Clerk of the Board of Selectmen of Lexington Commonwealth of Mass. Middlesex, s s . August 9th, 19 38 Then personallyappeared the above named, Eleanor M. Lowe, Clerk of the Board of Selectmen of the said town and made oath that the foregoing statement subscribed by her is true, before me, James J. Carroll ' Notary Public (Term-Mar.14/45) SCHEDULE CF ESTI'IWATED BETTERMENTS REFERRED TO IN THE FOREGOING ORDER 18 Taft Ave. Owner as of Jan. 1, 1938 Assessment, Harry E. Johnson $55. 459 1 TAFT AVENUE Augus t 9 th, 19 38 . KNOW ALL MEN BY THESE PRESENTS: That the Board of Selectmen and Public +norks of Lex- ington, Massachusetts, in regular session duly assembled on the 9th day of August, 1938, did adopt an order for the con- struction of a granolithic sidewalk on the southeasterly side of Taft Avenue, a public way in said Town of Lexington, at property at 20 Taft Avenue, and as designated by Engineer's stakes, in form as follows: It is hereby adju4ged by the Board of Selectmen and Public Works of the Town of Lexington that public �con- venience requires that a granolithic sXdewalk be con- structed on the southeasterly side of raft Avenue, a pub- lic way of the Town of Lexington, at property at 20 Taft Avenue,and as designated by Engineer's stakes. It is therefore ORDERED that a granolithic sidewalk be constructed on the southeasterly side of Taft Avenue, a public way of the Tom of Lexington, at property at 20 Taft Avenue, and as designated by Engineer's stakes, and that one/half the cost thereof be assessed upon abutting estates, all under the provisions of Chapter 83 of the General Laws, and of any amendments thereto so far as applicable. Nuil, THEREFORE, this statement of their action is now ' made to be recorded in the Middlesex South Registry of Deeds, that all assessments made or charges imposed under Chapter 83 of the General Laws and any amendments thereof upon any land which abuts upon said sidewalk, shall con- stitute a lien upon such land from the time this statement Is recorded in said Registry of Deeds. Given under my hand and the seal of the said Town tgis 9th day of August, 1938. Eleanor M. Lowe Clerk of the Board of Selectmen of Lexington. Commonwealth of Massachusetts .Middlesex, ss. August 9, 1938. Then personally appeared the above named Eleanor M. Lowe, Clerk of the Board of Selectmen of the said Town and made oath that the foregoing statement subscribed by her is true, before me, James J. Carroll Notary Public (Terse - Mar. 14, 1945) . SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FO FL GOI NG ORDER 20 Tait Avenue Owner as of January 1, 1938 Assessment. Charles C. and Josephine L. Paul $55.00 490 GLEN ROAD r.r August 9th, 1938. X KNOW ALL MEPs BY THESE PRES11gTS: That the Board of Selectmen and Public Works of Lex- ington, Massachusetts, in regular session duly assembled on the 9th day of August, 1938, did adopt an order for the construction of a granolithic sidewalk on the northeasterly side of Glen Road, a pub li c way in said Town of Lexington,, at property at 12 Glen Road, and as designated by Engineer's stakes, in form as follows: It is hereby adjudged by the Board of Selectmen and Public Works of the Town of Lexington that public conven- ience requires that a granolithic sidewalk be constructed on the northeasterly side of Glen Road, a public wag of the Town of Lexington, at property at 12 Glen Road, and as designated by Engineerts stakes. It is therefore ORDERED that a granolithic sidewalk be constructed on the northeasterly side of Glen Road, a public way of the Town of Lexington, at property at 12 Glen Road, and as designated by Engineer ' s stakes, and that one/half of the cost thereof be assessed upon abutting estates, all under the provisions of Chapter 83 of the General Laws. and of any amendments thereto so far as applicable. NOW, THEREFORE, this statement of their action is now , made to be recorded in the Middlesex South District Registry of Deeds, that all assessments made or charges imposed under Chapter 83 of the General Laws and any amendments thereof upon any land which abuts upon said sidewalk, shall constitute a lien upon such land from the time this state- ment is recorded in said Registry of Deeds. Given under my hand and the seal of the said Town this 9th day of August, 1938. Eleanor M. Lowe, Clerk of the Board of Selectmen of Lexington. Commonwealth of Massachusetts Middlesex, ss. August 9, 1938. Then personally appeared the above named, Eleanor M. Lowe, Clerk of the Board of Selectmen of the said Town and made oath that the foregoing statement subscribed by her is true, before me, James J. Carroll Notary Public (Term - Mar. 14, 1945) SCHEDULE OF ESTIMATED BETTERMENTS REFERRED TO IN THE FOREGOING OR= ' 12 Glen Road Owner as of January lst,1938 Assessment. Alice M. Ballard $75.00 461 Mr. Raymond said that it was a shame not to find funds to construct bituminous sidewalks in Charles Spreet. Charles More than 750 of the abutters have petitioned to have Street this sidewalk constructed. He said that if gravel side- sidewalks walks were put in they would undoubtedly wash down and take with them a great deal of the work already done. Mr. Potter moved that the Appropriation Committee be requested to transfer the sum of $600. from the Reserve Fund for the bituminous sidewalks in Charles Street. Mr. Ross seconded the motion and it was so voted. Letter was received from the Board of Retirement advising that Matthew Stevenson had joined the Contributory Retirement System on June 28, 1938. Mr. Stevenson becomes Stevenson age 70 on August 27, 1938 and the Board of Retirement Retirement. voted on Aug. 9th to retire him on that date. The letter stated that the Board had no discretion in this matter in- asmuch as Sec. 29, paragraph 1 of Chapter 23, G.L. as amended provides that any memi,er of the system classified in Group I who shall have attaine d age seventy shall be retired for superannuation upon attaining such age. Mr. Mitchell appeared before the Board relative to Welfare welfare matters. Mr. Ross moved that the Chairman sign a letter to ' the town employees informing them of the Blue Cross, a Hospital plan of hospital insurance. Mr. Potter seconded the plan. motion and it was so voted. The meeting adjourned at 10:40 P.M. A true record, Attest: 1 Clerk.