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HomeMy WebLinkAbout1938-09-27532 SELECTMEN'S MEETING =" SEPT. 27, 1938. ' A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, at 7:30 P.M. Chairman Giroux, Messrs. Potter, Ross, Clark and Rowse were present. The Clerk was also present. Mr. Raymond appeared before the Board. At 7:30 P.M., the Chairman declared open a hearing on the matter of sidewalks in various parts of the town to be constructed under the W.P.A. Mr. George Emery of 34 Hayes Avenue was the only person present. He said that he wished to speak on behalf of Mr. Robert E. Stone of 32 Hayes Avenue and himself. They wanted to protest against the sidewalk being constiucted on their side of Hayes Avenue inasmuch as it would take away from their lawns practically one-third of their area and would necessitatethe building of a retaining wall and new drive- ways. They felt that there was no need of the sidewalk. Sidewalks The Chairman stated that Howard S. 0. Nichols also opposed. Mr. Emery stated that there was enough additional expense clearing up after the storm without having this other work forced on them. Mr. Raymond said that it was not planned to put in hard -top sidewalks. Mr. Emery said that he was not referring to the work on town property but was referring ' to the work the property owners would have to do. Mr. Clark said that in view of the opposition, he wished to move that the construction of the sidewalk in Hayes Avenue be eliminated from the project. Mr. Raymond said that the sidewalk would not affect Mr. Nichols' property. Mr. Potter seconded Mr. Clark's motion, and it was so voted. Mr. Emery retired, Mr. Rowse asked if it would be possible to set these streets up in the order of their importance, and Mr. Ray- mond said that it would not be without having some opinion as to how much the sidewalks were desired by the people. The Chairman asked what the percentage of town funds and Federal funds was and Mr. Raymond said that it was about 01. of Town funds to $3. of Federal funds. The Board went over the list of sidewalks to be con- structed. Mr. Ross said that the only one he would question was Hill Street. Mr. Clark was opposed to the sidewalk in Hill Street. Mr. Raymond said that if a side- walk was put in there, the limits of the travelled way would be defined which would be very beneficial. Mr. Rowse suggested that Hill Street be put at the bottom of the list and th at-yif possible, some other street be inserted in place of it. Mr. Rowse moved that the sidewalk in Hill Street be held in the order of doing the streets until the ' last to see if some other demands were received. The motion was not seconded. Mr. Rowse then moved that the Hill Street sidewalk be eliminated from the Golf Club to the Hardy development. Mr. Clark seconded the motion and ' it was so voted. Mr. Rowse asked if it was possible to submit something in the place of Hayes Avenue, and Mr. Raymond said that it might be. 1 Mr. Raymond said that the last year or two, a notice had been printed in the paper relative to gypsy and brown tail moths, stating that they had to be cleaned up within a certain time, and this notice had to run for two or three issues. In view of the recent hurricane and the ex- pense property owners have had to go to and the continuance of W.P.A. and Welfare work, etc., he recommended that the notice be not inserted this year. Mr. Ross moved that the recommendation be approved. Mr. Potter seconded the motion and it was so voted. Mr. Raymond informed the Board that there would be a hearing Thursday morning relative to Chapter 90 work for 1939. Mr. Ross moved that Mr. Raymond represent the Sel- ectmen at this hearing. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that some time ago, he was told by the Board to submit Bedford, Woburn and Weston Street as possible Chapter 90 projects for 1939. The Chairman said that it would be wise to let this program be submitted, realizing that the Board was not binding itself to dot he work. Mr. Raymond said he thought the town should finish Bedford Street next year as $15,000. is to be spent on it out of the 1938 allowance. The State will not approve of taking curbing out of these funds so probably not more then $12,000 will be needed to finish the job. He recommended that the town ask the State and County for $4000. each to finish Bedford Street in 1939. This year the drainage and sub -base, removal of car tracks and some of the surfacing will probably be done. Mr. Rowse asked what happened if he asked for more than the town decided to do. Mr. Raymond said that when the Public Works Dept. makes up its budget next Spring, it will out everybody 25 to 30 percent. Mr. Rowse moved that the Board approve the submission of the completion of Bedford Street as a Chapter 90 project for 1939. Mr. Potter seconded the motion and it was so voted. Mr. Clark voted in opposition. The town's share will be 04,000.00. The Chairman asked if this was the last time for sub- mitting projects. Mr. Raymond said that if the town asked for only one project and he stated that the Board wanted a little more time, he thought a project could be submitted later on. He thought the budgets were made up in November. Mr. Raymond said that Woburn Street could be done in two years, and the town's share for one year would be 65,000. He said that the town was liable for the maintenance of Chapter 90 roads and the State and County did not have to help out on them. The estimated cost of construction of Weston Street is $24,000, and if the town's share is appropriated in one year, the cost would be $8,000. He 533 Moth- Notice othNotice Chap. 90 projects. 534 PICV thought that Woburn Street was more important than Weston Street. He said curbing was needed very badly because , there was a great deal of sidewalk travel and there was no protection for the people. The Chairman asked if it would be possible to do Woburn and Weston Streets on a three year program and Mr. Raymond said that it would be. Mr. Raymond said he did not believe the town would be justified in doing the whole of Weston Street under Chapter 90 until it was decided where Route 128 was going. Mr. Potter said he would like to see Weston Street started, at least. The Chairman asked how the Board would feel about submitting Woburn and Weston Streets on the three year basis. Mr. Rowse asked if Weston Street was a town way and Mr. Raymond said that it was a town gravel way. Mr. Rowse acid he did not believe that the Board would be justified in submitting a Chapter 90 project for Weston Street when there was so little traffic on it. Mr. Potter moved that the construction of Weston Street be submitted on a three year program, the street to be constructed from the corner of Lincoln and Weston Streets to the Concord Turnpike. Mr. Ross seconded the motion and it was so voted. Mr. Clark voted in opposition. Mr. Raymond said that the estimated cost of the con- struction of Woburn Street was $26,000.,.15,000. the first year, $11,000. for the second year. Mr. Ross moved that the construction of Woburn Street be submitted on a two year. program. Mr. Potter seconded the motion and it was so voted. Mr. Clark voted in opposition. ' Mr. Rowse asked if anything was to be submitted on Chapter 90 Maintenance. Mr. Raymond recommended ,$3,000. for Chapter 90 Maintenance. Mr. Rowse moved that the recommendation be approved. Mr. Potter seconded the motion and it was unanimously voted. Mr. Raymond presented the order of taking of leasehold interests in lands along the Vine Brook channel. These orders were made out tD include the Ryder property. Mr. Ryder has signed a release. Mr. Wrightington had been worried about the Ryder lot but that was now taken care of. In the case of Viano, Mr. Wrightington wanted it made clear that he did not approve the taking of easements which had been made in a previous order. He thought it better to take a fee in this case. They made the easement takings in order to keep the cost of land damages at a minimum. Mr. Burnham has signed a leasehold release for two years. Mr.* Raymond said that if the Board wanted to proceed fur- ther with this, it could take a fee later on. He said the Board had just gone part way on doing what the Town Meeting authorized it to do. Mr. Raymond said that the Colonial Garage was going to be able to carry on the second-hand car business after the conduit hhd been completed. In figuring the damages, he computed what the taxes would be -.on the ' properties the town was going to use. There would be none on the Lexington Estates Trust inasmuch as the Ryders had 535 signed a release. The Colonial Garage area was 10,690 square ' feet, the assessed value being $.75 per square foot. The taxes amount to $281.00 per year. He recommended a fair offer to be $560.00 for two years, and said that the town Vine probably would not keep Viano out of there for the full two Brook years,* In view of the fact that Bullock has had an offer Easement to sell the property, he thought a fair offer would be $50. The taxes on the Fiske property amount to $14. for the two years.* The Bullock taxes are C18.per ye"ar,or X38. for two years. Mr. Potter moved that the damages as recommended by Mr. Raymond be approved. Mr. Ross seconded the motion and it was so voted. Mr. Raymond said that notices were sent out on these takings of leasehold interest, and if the people are not satisfied they can appear before the Board within six months. The Board signed the order in the following form: ORDER OF TAKING BY THE TOWN OF LEXINGTON OF A LEASEHOLD INTEREST IN LANDS UNDER THE ACTS OF 1926, CHAPTER 263, AND 1897 CHAPTER 504 AS AMENDER WHEREAS By Chapter 263 of the Acts of 1926 entitled "An Act Relative to Improving the Surface and Ground Drain- age in the Town of Lexington and in Adjoining Towns", said Town was authorized, among anther things, to improve brooks, ' streams and water courses, and for the purposes set forth therein to take in fee simple or otherwise land or any right of easement in land, including any brook, stream, pond or water course or any part thereof; and WHEREAS, by Chapter 504 of the Acts of the year 1897, entitled, "An Act to authorize the Town of Lexington to construct a system of sewerage", as amended, said Town was autli6rized, among other things, to lay out, construct, maintain and operate a system of sewerage, with the powers and authority set forth in said Act, including full power, through its Board of Sewer Commissioners, to take by purchase or otherwise any land, rights of way and easements in said Town necessary for the establishment therein of a system of sewerage or sewage disposal or for any of the purposes mentioned in Section 1 of said Act;and WHEREAS the said Town of Lexington duly accepted said Acts in the manner provided therein; and WHEREAS the system hereinafter referred to as about to be constructed, and plans showing in detail the work to be done in constructing the same, have been duly approved by the State Board of Health; and ' WHEREAS, By Chapter 277 of the Acts of the year 1909, which was duly accepted by a majority of the voters of said town in the manner provided in Section 5 thereof, the then Board of Water Commissioners of said Town and the Board of 536 Sewer Commissioners elected under the provisions -of said Act (Chapter 504 of 1897) were consolidated in one Board to be called the Board of Water and Sewer Commissioners, ' with the provision that all the powers and duties of said Board of Sewer Commissioners should thereafter devolve upon said Board of Water and Sewer Commissioners; and WHEREAS by Chapter 1 of the Acts of the year 1922, which was duly accepted by a majotiry of the voters of said Town in the manner provided in Section 5 thereof, the powers and duties of the Water and Sewer Commissioners were assigned to the Board of Selectmen as a Board of Public Works; and WHEREAS, Archibald R. Giroux, Albert A. Ross, William G. Potter, Philip M. Clark., and A. Edward Rowse, citizens and residents of the said Town have been duly qualified and are now the duly elected, qualified and acting Board of Selectmen pursuant to law and the provisions of the Acts above referred to; and WHEREAR, the Town Meeting of Lexington on the 8th day of August, 1938, voted to take up together articles 3 to 7 of the warrant for the said meeting and to eliminate from the following votes the references to specific articles of the said warrant and thereafter the following votes were duly adopted by more than a two-thirds vote; "FURTHER VOTED: That the Selectmen be authorized in the ' name of and on behalf of the Town to acquire by purchase or eminent domain for surface and sanitary drainage purposes any or all of the land on both sides of Vine Brook as follows: (a) on the relocated North and South Branches of Vine Brook from Marrett Road to Vine Brook Road for an ag regate width not exceeding one hundred and fifty feet; (b) from the easterly side of Waltham Street to the location described under (a) of this vote for an aggregate width not exceeding sixty feet; (c) from Fine Brook Road to Mass- achusetts Avenue for an aggregate width not exceeding fifty feet; (d) from the land of the Town on which stands the Town Office Building to Hayes Lane for an aggreg he width of twenty-five feet,; (c) from Hayes Lane to East Street for an aggregate width not exceeding one hundred fifty feet; (f) from East Street to North Street for an aggregate width not exceeding fifty feet; (g) temporary leasehold interest in adjoining land for use during construction and to'deepen, widen, straighten, and relocate the parts of the channel of the said Vine Brook and its North and South Branches within the said takings to change its location from its present channel, to construct closed conduits in place of open channels and to change the direction, volume and rapidity of the flow of the said Brook, and its said Branches, and of any surface or udderground water flowing into it, and to construct drainage improvements in and adjacent to Vine Brook ' extending from Winthrop Rpad Extension so c al le d on the South Branch and Waltham Street on the North Branch to North 537 Article 5. VOTED: That the Selectmen be authorized to construct a conduit to enclose the North Branch of Vine Brook from the west side of Waltham Street to the junction of the North and South Branches, and that for that purpose the sum of $17,000.00 be appropriat-ed; also under Article 6, VOTED: That the Selectmen be authorized to construct a low level sewer from a point about two hundred and ten feet (2101) east of Hayes Lane to a point about two hundred twenty feet (2201) south of Vine Brook Road near the conduit to be constructed for Vine Brook as author- ized by this meeting and to acquire by purchase or by taking by eminent domain any necessar easement therefore, and that for that purpose the Num of 125, 000.00 be appropriated; also under Article 7. VOTED: That for the purpose of meeting the appropriations voted under Articles 3 to 6 inclusive, the Town Treasurer, YAth the approval of the Selectmen, be ad hereby is authorized to borrow $183,000. under authority of and in accordance with the provisions of Chapter 50 of the Acts of 1938 and to issue bonds or notes of the Town therefor, payable in not more titan fifteen years at such terms and maximum rate of interest as may be fixed by the Emergency Finance Board. Street, including the construction of a conduit in place ' of an open channel from the junction of the North and South Branches to Hayes Lane, substantially as recommended by the Vine Brook Drainage Committee in a report received by the Town, September 27, 1937, and that the Selectmen be authorized to do such work as may be required to restore and maintain or supplement existing private water supplies now in use (exclusive of operating expenses) which may become diminished or impaired as a result of the construction of the proposed Vine Brook Channel; to grant rights of way and to lay out such streets and ways across the lands to be acquired under this vote as may be deemed advisable, and for the purpose of meeting the cost of such construction the sum of $273,000.00 be apprormiated, of which $29,600.00 shall be for land acquired; also under Article 4. VOTED:: That the Selectmen be authorized on behalf of the Town to purchase or take by eminent domain lands or the right or easement in lands to construct at the outlet of Butterfield's Bond at Lowell Street a dm to create a storage basin for flood flows of Vine Brook and the right to flow the land raider and adjoining the said Butterf ieldfs Fond and its tributaries to the level of elevation one hundred and seventy-six feet above mean sea level, and that the Selectmen be authorized in the name of and on behalf of the Town to execute contracts for the con- struction of such a dam and appurtenant works, and that for that purpose the sum of $30,000.00 be appropriated, of which $10,000.00 shall be for land and flowage- rights acquired; also under Article 5. VOTED: That the Selectmen be authorized to construct a conduit to enclose the North Branch of Vine Brook from the west side of Waltham Street to the junction of the North and South Branches, and that for that purpose the sum of $17,000.00 be appropriat-ed; also under Article 6, VOTED: That the Selectmen be authorized to construct a low level sewer from a point about two hundred and ten feet (2101) east of Hayes Lane to a point about two hundred twenty feet (2201) south of Vine Brook Road near the conduit to be constructed for Vine Brook as author- ized by this meeting and to acquire by purchase or by taking by eminent domain any necessar easement therefore, and that for that purpose the Num of 125, 000.00 be appropriated; also under Article 7. VOTED: That for the purpose of meeting the appropriations voted under Articles 3 to 6 inclusive, the Town Treasurer, YAth the approval of the Selectmen, be ad hereby is authorized to borrow $183,000. under authority of and in accordance with the provisions of Chapter 50 of the Acts of 1938 and to issue bonds or notes of the Town therefor, payable in not more titan fifteen years at such terms and maximum rate of interest as may be fixed by the Emergency Finance Board. 538 All moneys received by way of grant from the Fedeiral Government on account of this project shall be applied first to meet the cost of construction thereof and any balance shall be applied to the payment of the loan herein,authorized. The Selectmen are hereby authorized and directed to accept on behalf of the Town, for use in carrying out such project, a Federal grant of money, pursuant to the Public Works Administration Appropriation Act of 1938; and the Selectmen are authorized to proceed with the construction of said project and to enter into all necessary and proper contracts and agreements in respect thereto, all subjeetto applicable Federal regulations; and the Selectmen are author- ized to do all other acts and things necessary or convenient for obtaining said grant, making said loan, and constructing said project." WHEREAS the Selectmen have determined the locations of temporary leasehold interests in land adjacent to the ease- ments in the order of taking dated September 20, 1938 for the Vine Brook conduit and chmnel and for the low level sewer as follows; .. .+ .I ., q ..M .d.>:��: �. .. ,V . ♦ . ,Y.r ;. f1r :MP . Ir .. .r ♦ YIj..y'.+if'��i,t.r (3) A strip of land 20 feet in width adjoining the westerly side of the 30 foot easement and extending southerly from the southerly line of Massachusetts Avenue distant about 210 feet over land now or formerly of Colonial Garage, Inc. all as shown on sheet 1 of 5 sheets entitled, "Town of Lexington, Massachusetts, Plan d7owinF% hand & Easements for the Vine Brook Channel & Conduits & for a Low Level Sewer", Scale 1" - 100 feet, August 31, 1938, John T. Cosgrove, Town Engineer. (Z) A parcel of land about 70 feet in widthextending from the easterly line of Sheridan Street to the westerly line of the 25 foot easement on land now or formerly of John Bullock et al, all as shown on sheet 3 of 5 sheets entitled, "Town of Lexington, Massachusetts, Plan Showing Land & Easements for the Vine Brook Channel & Conduits & for a Low Level Sewer", Scale 1" - -4O feet, August 31, 1938, John T. Cosgrove, Town Engineer. (3) A strip of land twenty-five feetih width adjoining the westerly line of the fifty foot easement and extending 107 1 1 M C fl n northwesterly from the northerly line of East Street dis- t# t about 855 feet over land now or formerly of William E. Fiske, all as shown on sheet 5 of 5 sheets, entitled, "Town of Lexington, Massachuetts, Plan showing Land & Easements fo^ the Vine Brook Channel & Conduits & for a Low Level Sewer" Scale 1" - 80 feet, August 31, 1938, John T. Cosgrove, Town Engineer. WHEREAS the said temporary leasehold interests herein- after taken are necessary for the said purpose; NOW, THEREFORE, the said Board of Selectmen acting for and on behalf of the said Town under the authority of said Chapter 263 of the Acts of 1926 and Chapter 504 of the Acts of 1897 as amdnded, and of every other power them thereto enabling, do hereby take by eminent domain a temporary leasehold'interest within each of the locations above des- cribed as shown on the said plan for a term of two years for temporary use during construction of the public works in and adjoining Vine Brook, including the right to use the said lands by the Selectmen or other duly authorized agents of the Town or contractors with the Town and their agents and servants for the operations of engineers and workmen and the storage of equipment and of materials for con- struction, or materials removed from the excavations, for such construction or for any other purpose in the construct- ion of the proposed work, including the right to erect and maintain such temporary office quarters and shelters as may be reasonably necessary. On completion of the work before the expiration of the said term of two years, all such structures and materials will be removed and the surface of the said locations restored to as good condition as they are in at the date of this taking. The rent of the said premises for the said term is included in the damages awarded". We determing that damages have been sustained as follows: i'rxexlr�q$icenlax ��a� g$1i�1&X`��tx x-r&ie}.a�erirx�y,}�g� X22MSte-ax Colonial Garage, Inc. 560.00 John Bullock, et al '50.00 William E. Fiske '14.00 TO HAVE AND TO IDID the said temporary leasehold interests to the Town of Lexington, its successors and assigns, to its and their own use and behoof for a period of two years from September thirtieth, 1938. IN WITNESS WHEREOF the hereunto subscribed their of September, 1938. said Board of Selectmen have names this twenty-seventh day ARCHIBALD R. GIROUX A. EDWARD ROWSE ALBERT A. ROSS 1YILLIAM G. POTTER PHILIP M. CLARK 540IOU cz Commonwealth of Massachusetts Middlesex, ss. On this twenty-seventh day of September, 1938,'per- ' sonally appeared the above named Archibald R. Giroux, William G. Potter, Albert A. Ross, A. Edward Rowse, and Philip M.Clark, and severally acknowledged the foregoing instrument and statement by them to be their free act and deed and the free act and deed of the Town of Lexington, before me, James J. Carroll Notary. Public (Term, March 14, 1945) Mr. Raymond asked how far the Board wanted to go in Removal removing trees and stumps ffom. private ways. Messrs .Potter of stumps and Ross thought that the tovn should pull out the stuffs. Mr. Raymond said that this might add $5000. tothe cost. It was decided to hold the matter over and request Mr. Garrity to submit an estimate at the next meeting of what this work would cost. Mr. Ross said that Miss Florence Boyd of Hancock Ave. had telephoned him and wanted to know if the town was going Trees on to remove the tree which fell on her property and fix the private sidewalk. Mr. Raymond said that the Boyd tree was entirely property. on private land but some of the roots were in the street and had destroyed part of the bituminous sidewalk. Mr. , Potter said he did not believe the town should remove trees on private property. Mr. Raymond thought that the town should repair the sidewalk. Mr. Clark said that in front of the Tuttle house at 24 Hancock Street, a tree had gone over which was one-third on private property and two-thirds on town property and he asked who should remove the tree. Mr. Raymond said that he thought in that case, the town should remove it. At 9:00 P.M. hearing was declared open on the appli- cation of the New England Tel. & Tel. Co. and the Boston Edison Co. for permission to locate three poles on the Pole Cambridge -Concord Highway, southerly side, extending location. easterly from a point approximately 402 feet east of Blossom Street. Mr, S. Campbell of the Telephone Co. appeared. Mr. Campbell said that the poles were to be put in to supply a house across the street from the Peterson gasoline station and the wires would cross the highway. The Chairnan asked if the wires could go in from Blossom Street. Mr. Campbell said he asked the engineer and was told that they could not. Mr. Ross said that at least the wires could be put under- ground. Mr. Rowse moved that the petition be denied. Mr. Clark sedonded the motion and it was so voted. ' The Chairman explained that the Board did not want wires crossing the Concord Turnpike and he suggested that 541 the company see if service could not be given from Blossom Street or by underground installation. Mr. Campbell ' ret#red. Petition was received from the New England Tel. & Tel. Co. and the Boston Edison Co. for joint location of Joint four existing poles on the Cambridge -Concord Highway, location southwesterly side, from Spring Street, approximately 487.5 feet northwesterly. Mr. Potter moved that the petition be granted. Mr. Ross seconded the motion and it was so voted. Letter was received from the N. Cibotti Co. request- ing that the Board disapprove the bid of DiMarco and. Ciccone.. Inc. on the Vine Brook Drainage project because it was in- formal and unbalanced. The letter stated that by reason of that company failing to use the bid bond contained in the specification book as requested and failing to give a total on both classes of construction, the bid was not filed in a proper manner. The letter also stated that the price on rock was unbalanced and ridiculous. Mr. Cibotti said that he had no contracts on hand and could Protest start the work immediately and believed that DiMarco could re bid on not rush the work as he had recently been awarded a large gine Brook job in Osterville, Mass. project. Letter was received from Metcalf & Eddy, who had 1 been sent a copy of Mr. Cibottits letter. They stated that DiMarco & Ciccone did file the bid bond included on pages 27 and 28 of the contract documents by execution directly in the bound volume. They stated that the Information for Bidders stated that the bidder could bid on either or both types of construction and DiMarco and Cieconets bid was in accordance with these instructions. Metcalf & Eddy said that in their opinion the price on rock was much too low but that Mr. DiMarco maintained vigorously that his price for earth excavation and rock excavation combined was adequate for the trench containing rock... They said it was true that the payment items were so arranged that in some trench no deduction was made for earth excavation not performed. In other words, in such trench, the payment for rock covered only excess cost of rock excavations over earth excavation. They recommended that no further con- sideration be given to the protest of N. Cibotti & Co. Mr. Rowse moved that no action be taken on the Cibotti protest for the reasons as set forth in Metcalf & Eddy's letter. Mr. Ross seconded the motion and it was so voted. The Metcalf & Eddy letter stated that from the tab- ulation of bids on the Vihe Brook project, DiMarco & Ciccone, Inc. of White Plains, N.Y. was low bidder. The engineers.interrogated Mr. Albert DiMarco and their Mr. ' Sullivan immediately following the opening of the bids and the result of this examination was satisfactory from the standpibint of experience and qualifications of the bidder. They said that they had wired the contractor to present at the meeting tonight an up to date financial statement and 542 DiMarco bid* and if the statdment was as good as that indicated under date of July 27th, Metcalf & Eddy believed the firm had ample financial resources for carrying out this contract. Mr. Clark stated that he had looked up both Cibotti and DiMarco & Ciccone in Dunn and Bradstreet. Neither had any credit listing. Mr. Harrison P. Eddy appeared before the Board. Mr. Raymond presented a new financial statement dated Sept. 260 1938 which the Board compared. Mr. Rowse asked why the concern was not listed with Dunn & Bradstreet. Mr. Eddy said that many purchases were made by firms of this type from concerns that extenddd credit to them, many on the installment plan. The Chairman asked if the P.W.A. had to approve the contractor. Mr. Eddy said that they did approve the can- trqctor, but always insisted on choosing the low bidder. The Chairman asked if Mr. Eddy saw anything from the financial angle which would indicate that the award should not be made to this firm and Mr. Eddy replied in the negative. Mr. Eddy said that they had requested a statement of the firm's work on hand. One job is 100% completed with $13,000. to be paid on November 1st. The New York World's Fair money is due Sept. is t and the Greece, N.Y. money is due Nov. 15th. Mr. Eddy stated that his firm got in touch with a very good engineer in Greenwich, Connecticut, a Mr. Cone. Mr. Cone said that DiMarco & Co. had taken over a job that a contractor had gone broke on. He knew them because of their work at that time and he stated that their integrity and ability was satisfactory. The Chairman asked about the awarding of the contract and Mr. Raymond said that the decision of. Burlington on the dam would have to be received before this could be done; also the Town Counsel has to sign the contract stating that all legal requirements had been,fulfilled. Mr. Eddy said that the P.W.A. had requested the Board to send them a draft of a resolution making the avard to the low bidder subject to the P.W.A. approval and the fulfillment of legal requirements. Mr. Potter moved that the following draft of a Resolu- tion be forwarded to the P.W.A. authorities: RESOLUTION "RESOLVED: That subject to the approval of the Federal Emergency Administrktion of Public Works and the fulfillment Resolution of legal requirements, that contract "A" of the Vine Brook Drain and Sewer Project, Docket No. Mass. 1370-F be awarded to the low bidder, DiMarco and Ciccone.. Inc. of White Plains, New York, at their bid price of One Hundred and Twenty-two thousand, Three Hundred and Ninety-seven Dollars and Fifty Cents (122,397.50)." Mr. Ross seconded the motion and it was so voted. Messrs. DiMarco and Sullivan appeared before the Board. Bond The Chairman explained what action had been taken. He said he understood that the question of the bond had been dis- cussed with the representative of the Employers' Liability Assurance .Corp. and that the firm had agreed to the Employerst as co-insurers with the Hartford Indemnity Assurance Corp. and Mr. Sullivan said that was true. They retired. 1 1 1 Letters were received from Tracey W. Ames of 2 Highland Avenue, from W. S. Caouette and, from Edward C. Stone, re- questing that they be given consideration when the town was placing insurance. Letter was received from the Town Counsel enclosing bill for printing the brief in the Ryder Draihage case in the amount of $120. which he approved. He also requested that an initial payment of $"1,000, bn account be made for his services in this case. The Clerk was instructed to furnish the Board with the status of the appropriation for expenses in the Ryder cases for the next meeting. 543 Insurance Ryder cases. Mr. Raymond said that he talked with Mr. Hyde of Tyler & Co. relative to the borrowing of money for the North Lexington Sewer. Mr. Hyde said that things were upset now and although one might obtain a bid in the next few days.. he could not see any harm in asking for bids to be sub- mitted next week on the $90,000. loan. Mr. Raymond said that favorable bids might not be received, but when they were taken the Board could reserve the right to reject any or all of them. Mr. Clark said that he had been figuring the tax rate for next year, including the increased cost of welfare, the Vine Brook Drainage Project and the hurricane expenses. He said unless the departments were treated shabbily, he figured on a $40.00 tax rate. The Chairman asked how he arrived at this figure as he had arrived at a $36. rate. Mr. Clark said he thought that the tovn had taken on more than was advis- able for one year. Mr. Clark suggested that the Board North advise the P.W.A. authorities that it desired permission Lexington to delay starting the North Lexington Sewer project for one Sewer ear. Mr.Raymond said that this would cast the town 10,000. or ;15,000. in sewer assessments. The Chairman said he did not see how the Board could take action on something contrary to what the Tovin Meeting; had voted. Mr. Clark moved that the Board advise the P.W.A. authorities that it desired to delay starting the North Lexington sewer project for one year, provided the Town Counsel approved. Mr. Rowse suggested that the Board wire the P.W.A. author- sties giving as a reason primarily that the town had the extra burden of the hurricane and request permission to delay starting the construction of the North Lexington Sewer project until after the first of the year. He said that what the Board wished to accomplish was to delay the bond- ing so that the bonds would mature one year later. Mr. Ross asked how this would affect the assessment rate. Mr. Raymond said that if the project could be started early in the year, it might be all right, but the Town would lose money if the project was postponed a whole year. The Chair- man asked how the P.W.A. authorities might react to this. ' Mr. Raymond said he thought the Board would get a flat refusal. He wondered about the engineers, as they had already started work. Mr. Clark then moved that the start of the project be delayed until after the first of the year provided the Town 544 Counsel approved. Mr. Rowse seconded the motion. Chairman Giroux and Messrs. Potter and Ross voting in opposition, the motion was not carried. Mr. Ross said that he opposed it feeling that the assessment rate would be lowered materially. The Chairman said he was opposed because the Board was taking steps it had no right to take. The vote of the town did not include the right to hold this project to another year. Mr. Potter suggested that Mr. Raymond talk the matter over with the Town Counsel and Mr. Ross suggested that he talk t1th the New York authorities on it. The Chairman suggested that the matter be given further consideration and that a copy of this discussion be supplied the Town Counsel; that Mr. Raymond discuss the matter with him, and that Mr. Wrightington be invited to appear before the Board next Tuesday prepared to advise the Selectmen as to what action they could take in the matter without over- dtepping the vote of the town. Mr. Rowse moved that the Chairman's suggestion be approved. Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that Mr. Garrity's car had been Damage to damaged W6dnesday evening by a large limb falling on it. Garrity's The estimated cost of repairing this is $72.00. The car is car. Garrity's own but is used on Town work. Mr. Clark moved that the expenditure be approved and charged to Storm Emergency. Mr. Ross seconded the motion and it was so voted. 1 1 Mr. Raymond reported that the Kelley tree on East Street Kelley did not even blow dawn during the storm. Mr. Potter moved tree. that the vote of last week to send Kelley a letter to the effect that the tree was dangerous be rescinded. Mr. Ross seconded the motion and it was so voted. Mr. Raymond said that he had received a request from three owners of proprty on Mass. Avenue for connection with the sewer. They are Edith M. White, 386 Mass. Ave., Sewer - Ragnhild Garfield, 368 Mass. Ave. and Dr. Harold Hookway of Mass. Ave. 378 Mass. Ave. 'There is one other property belonging to McArdle and Killion, the assessment on which will amount to 445. The assessments on the other three lots amount"to 690., making a total of $1135.00. TbLe total cost will be ebout $900.00. The people who have not signed, McAz dl e and Killion, will not agree to pay the assessments. There is money available in the Sewer Construction, Sundry Streets account. Mr. Ross moved that the extension of the sewer in Mass. Avenue from the present end about 80 feet east of Station Street for a distance of about 300 feet in an easterly direction, be approved, the expense to be charged to the Sewer Construction, Sundry Streets account, and that assessments be levied for this installation. Mr. Potter seconded the motion and it was so voted. Letter was received from the Appropriation Committee Transfer advising that it had approved the transfer of 6120.00 from the Reserve Fund to the Fire Department Underground Cable 1 1 545 account. This amount was approved rather than the $130. requested because the actual cost was $120. Mr. Raymond submitted a copy of the executed contract Contract for engineering services on Docket Mass. 1370-F. The Chairman read a letter which he had written to Mr. Raymond and others thanking them for the excellent services rendered during the recent -storm. Mr. Ross moved that the letters be sent. Mr. Rowse seconded the motion and it was so voted. Letters of Letter was received from Malcolm Clifford, Commander thanks for of the American Legion, reporting on the various Veteran's work organizations that worked during the storm. The Chairman during suggested that a copy of the report be given to the local storm. paper together with a copy of the Selectmen+s letter. Mr. Ross said he thought that the letter from Mr. Clifford should not be in the paper as names were mentioned, but others thought it best to publish it. It was decided to write a letter of thanks to the Chief of Police and Fire Department and a separate letter of thanks to Mr. Clifford, who was in charge of the veterans. Letter was received from the Chief of Police expressing his appreciation through the Board to the members of the American Legion and other organizations who assisted the Department in protecting the citizens of the town during the recent crisis. He said that througta their services, ' the town was saved from looting of stores and gasoline stations. Board of Appeals findings denying the application of Board of W. B. Lawrence for permission to store and sell trailers on Appeals. Waltham Street was received. Letter was received from P. J. Neary of 5 Bennett Ave. stating that the people next door had violated the Plumb- Complaint ing regulations because of an overflow which they con- structed. Report was received from the Plumbing Inspector stating that the work done on the property next to the Nearyts was done upon his suggestion and under his super- vision. Mr. Potter moved that Mr. Neary be advised of this fact. Mr. Ross seconded the motion and it was so voted. Comnitme nt of water connections in the amount of 012:50 and Sewer Connections in the amount of $53.77 were Commitments signed by the Board. Water liens to be recorded on Sept. 30th were signed. Water liens Messrs. Mitchell & Morse appeared before the Board Welfare relative to Welfare matters. The meeting adjourned at 11:40 P.M. A true record, Attest: �p Clerk. September 29, 1938 I met with Mr. A. A. Ross and J. J. Garrity and Mr. Raymond in the Selectmen's room this morning. The original figure estimated for clearing of trees on public ways was $25,000. At this time Mr. Garrity estimates that this total expenditure should be about 015,000. Mr. Garrity points out that if the Selectmen should decide to remove the stumps within the street lines on unaccepted streets, it should be done at once because of the cost involved in moving heavy equipment back to scattered areas there the stump - pulling on private ways could be done when the equipment is in the area working on public ways. Mr. Garrity and Mr. Raymond estimate that this additional work could be done well within the original 025,000. figure, this including additional repairs. Mr. A. A. Ross approves of its being done. Talked with Mr. Rowse on the telephone and he also approved. Therefor three members of the Board approve of the Town's renadaag the trees on private ways, and also approve of.Mr. Garrityts removing such trees on private ways as cannot be removed by abutters. These streets are to be left to the discretion of Mr. Garrity. Chairmah, 17tme September 29 , 1938 I talked with Mr. Potter verbally, and he agreed to this. I talked with Mr. Clark on the telephone, and he said that this was merely confirming what he understood the Board approved last Tuesday night. ��_ Clerk, -Selectmen. 1 L 1