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HomeMy WebLinkAbout1939-01-23126 SELECTMENIS MEETING JAN. 23, 1939 A regular meeting of the Board of 3electanen was held in the. Selectments Room, Town Office Building, at 7:310 P.M. Chairman Giroux, Messrs. Potter, Clark and Rowse were present. The Clerk was also present. The Town Engineer, Mr. William A. Mulliken, Mr. Angelo Buss, and Mr. William Coscia appeared before the Board. Mr. Mulliken said that the Lexington Co-operative Bank was interested as mortgagee on about fifteen pieces of prop- erty along the Vine Brook channel. He said that he had been in touch with the majority of the mortgagors and some of them thought there might be damages but would not know until the job was completed. The Chairman asked Mr. Mulliken what he wished to accomplish this evening. Mr. MulliYen said that he wished to preserve the Bank's right of suit so that when any damages are to be claimed, the Bank will be within its rights. He said he understood that it had the right to file protest against' the town's finding of no damages within six months. Four of the mortgagors think they have damages but whether or not they have will depend upon the grading And filling that will be done. Five have reported that they believe no damages will be done and the rest say that they do not know. Mr. Mulliken said that Mr. and Mrs. ' Angelo Busa had signed the release prepared by the Town, but there was a question in the mind of the Bank az to whether or not the damages found were sufficient, so the Bank refused to sign. He said that a great deal would Vine Brook depend on how much area Busa would be able to farm at t damages. profit after the completion of the work, and what will be done to make it possible to get over to the parcel of land across the brook. Busa feels that a lot of damages would be satisfied if the contractor would put loam on his land towards the woods. Mr. Potter asked Mr. Busa why he could not farm land. on both sides of the brook and Busa replied that more loam would be taken off one side than off the other. He said that he would like to plant right to the edge of the brook. Mr, Cosgrove asked Busa where he wanted the loam put when the contractor -stripped it from Vine Brook. Busa replied that he wanted it on the side towards the woods. He said he would like to know if he could plan this year to plow the land where the channel is going through. Mr. Cosgrove said he could not answer that question yet as Contract 2 had not been let. The Chairman asked if the Bank would be satisfied if the loam was replaced in such a way as tosatisfy Busa. Mr. Mulliken said the Bank thought that from the loss of plant- , ing area and from the time Busa put into the land getting it ready to reap a profit, it should not sign without getting an agreement from the town in black and white. He asked if the Town was going to replace the bridge over the 12'x, brook so that Busa could get over onto his back land. Cosgrove said that the specifications read that the bridge was to be put back in at least as good condition as it was before the work was done. Busa said he used heavy trucks - five or six ton trucks - over that bridge. Mr. Potter said that if there was a wooden bridge now, the one that would be put back would be at least as good and probably much better. Busa said that Mr. Raymond promised he would build a bridge that would hold ten tons. Mr. Mulliken said that the Bank merely wanted to protect the mortgagors and file its claim in time. He asked if he should send a letter so that the Board could know what mortgages the Bank wds hed to claim damages on and the Chairman answered in the affirmative. Coscia said it was merely a question of grading with him. The Town Counsel appeared before the Board. The Chair- man asked him if there was any action the Board should take on the matters now. Mr. Wrightington said that within a year from the date of the taking, the abutters had to file a petition for damages. The Statute also provides that within six months, you may appeal to the Board that makes the taking asking it to increase the award, but nothing happens if they do not want to increase it. They retired at 7;50 P. M. Mr. N. B. Bidwell appeared before the Board. He said that the members of the Executive Committee of the Town Meeting Members Association had been asking how they were going to get the information on budgets to the Precinct members this year. Last year they got copies of the different requests and sat in on the discussions and got continuous reports from the Board stating the cohelusiohs arrived at. By the time Town Meeting came, the Town Meeting Members were entirely familiar with the budgets. They have nothing now. The Chairman said it was found that the meetings delayed the Board and it was felt that that Budgets foi experiment could not be repeated. The Selectmen's Office Town has no time this year to make copies of all the budgets. Meeting The Chairman said he would be glad to go over the budgets Members. with the Executive Committee at any time. The Sel6et"n . sent out a letter stating that the Boards would not consider capital expenditures stating that the departments would have to get along with merely enough for maintenance with no capital outlay. He said he did not believe that the Committee was interested in checking the appropriations in detail. He thought it would be interested merely in controversal matters. He asked if it would not be better to wait untilthe budgets had been decided on and then have a representative of the Selectmen and Appropriation Committee explain them. Mr. Bidwell said that the Precinct members were ' opposed to any capital expenditures this year. He said that where the members wait until the last thing and when the opinion of the Selectmen is different from that of the Appropriation Committee, the members became referees, and on those budgets the two bodies agreed on, they acted merely 128 as automatons. He said if they had a copy of one set of the budgets they probably could arrange to have copies made. Mr. Rowse said he did not believe it would do any ' good for the precinct members to go over the budgets that had not been settled. Mr. Bidwell said that the members would like to go over the budgets as submitted in their original form and fix in their own minds what they approved and disapproved. Mr. Potter said he thought it would be all right for them to have the original budgets., but he thought they should be discussed with a member of each Board. Mr. Bidwell said he thought it was wrong to dis- cuss the budgets with the department heads and would prefer to do it through the Board. It was felt that there would be no objection to letting Mr. Bidwell have a copy of the original budgets. Mr. Clark asked if the precinct members had changed P.W.A. their minds about the Vine Brook and North Lexington Sewer projects. projects. Mr. Bidwell said he had not heard any objection to them. The only thought they have expressed is that they think that these should be the final capital expenditures for some time. Messrs. Gustaf and Chester Lidberg of Adams Street appeared before the Board. Mr. Lidberg, senior, said that the Town was going to take some of his land but they did not know yet what damage was going to be done them. He ' said they would like to know if the town could install a water main for them. He has been in Lexington in this house for sixteen years and has received no improvements. He said he had paid `5124.00 in taxes in sixteen years. His taxes amount to 6350.00 a year. The house is about 1000 feet from the nearest water main. He said he did not want to go to Court and would rather come to an amicable settlement. He did not believe that the money offered in Lidberg settlement of damages was at all satisfactory. He said damages. the land where the taking was made would not be any good for several years. Mr. Rowse asked what bearing the water main had on his damages because of the taking. He said that they had no fire protection. The younger Mr. Lidberg said that the tomm was going to do much damage to their property. The Chairman told him that the Board understood the matter and would discuss it and let them know. They retired at 8;15 P. M. It was decided to take no action on the matter. Messrs. Harrison P: Eddy, Robert C. Merriam, George W. Emery, John 4"7. Raymond, Jr., S. R. Wrightington and Albert A. Ross appeared before the Board. Mr. Eddy read a letter from Metcalf & Eddy addressed to the Board of Selectmen stating that the low bid on the North Lexington Sewer Project was that of Anthony Ross & Son, Ina in the amount of $76,638.50. The letter said that the low bid appeared to be in order except ' nZ that the certified check was less than 5% of the bid price. They said that they believed the low bidder was qualified by experience and understood that he had adequate financial backing. The low bid is greater than the advertised amount of money available for the contract by the amount of $21,838.50. The advertised amount available was arrived at by taking consideration of all anticipated expenses, in- cluding contract one, and an allowance for contingencies of a little over 611" of the estimated cost of construction of the entire project. The letter stated that the only way the engineers could see by which the low bid could be accepted was by transferring certain sums to the construction account from certain items in the "control estimate" where the full amount of these items might not be required and by eliminating certain items of the contract and by an appropriation of the balance of the authorized bond issue. These changes are as follows 1. Transfer, from the item for "Preliminary Expenses' in the control estimate, of 01,000 2. Transfer, from the item for "Land, etc.", of 3,000 3. Transfer, from the item for "Interest during Construction", of 800 (We do not -understand why the entire item North of $2,400 cannot be transferred.) Lexington - 4. The appropriation of the remaining amount in- Sewer eluded in the bond issue 5,300 Project 5. Reduction of allowance for contingencies from $7,900 to $2,700, which is about 20 of the cost of both contracts 52200 6. Elimination of gasoline engine with its pump and reduction gear and all appurtenances, saving 4,900 7. Elimination of screenings shredder, water pipe line and appurtenances 3j,400 Total ;23,6o75 Net change after allowance for field inspection and engineering of $1,300 $21,800 The net result of these changes is to provide sufficient funds to permit acceptance of the low bid with a small allowance for contingencies. The only other alternative which they saw was to reject all bids. If all bids are rejected, they recommended that the force main, the pumping station and the pumping station equipment be advertised as three separate contracts. The letter said that the Board should realize that the bid of Anthony Ross & Son, Inc. was $5000, less than the second bid. Mr. Eddy said that in re -advertising, his firm thought it would be wise to ask for deductabld alternate bids and when new bids are in, instead of having to negotiate with the low bidder, the Town can say it will accept the deduetable alternate bid. Mr. Eddy said that the pumps specified are not expected to have an unusually long period of service- ability. After a few years and after the town has grown, it would be economical to throw those pumps away and install 130 Wei larger ones. The building is designed so that it can take larger pumps. The Chairman asked if the engineers} plan to out down , the size of the pipe if new bids were asked. Mr. Eddy replied that they thought it would be best to keep the same size pipe and building. Mr. Raymond said he believed that the force main was designed with the intention that it would be supplemented with anothdr force main of the same size. Mr. Eddy said he believed that the ultimate force is main intended to take care of fifty thousand people. Mr. Raymond said that his figures showed that we would want two force mains eventually. Mr. Clark asked if there had been any survey as to how many people would connect with the sewer._ Mr. Raymond replied that about 300 houses needed sewers up there. The Board discussed the items with Mr. Eddy. The item for preliminary expense was originally set down at $1800. The Chairman asked if there was any risk in cutting this to $1000 and Mr. Raymond said that they had incurred pre -3 liminary expense of about $500, and the only other expeztse they would charge to this would be re -advertising. Mr. Rowse asked how the engineering account stood and Mr. Raymond said that they were going to run over on that. The Chairman asked if the P.W.A. would have to approve the changes if the Board approved them. Mr. Eddy replied in the affirmative and said he telephoned the P.W.A. New York office and asked if they would simultaneously approve a change order and the award of the contract. They were , unable to give him a decision at that time but he would have one within a few days. He said that his firm were engineers on a project in Dayton, Ohio, and while this question did not come up, the City Manager there pointed out that they had a situation just like this before and P.W.A. did permit them to make a change order to bring the sum down to the money available and award the contract and proceed with the work. Mr. Eddy said, however, that he did not approve of this method of procedure. The Chairman asked Mr. Wrightington if the Town Meeting would have to approve appropriating the remaining amount of $5,300 included in the bord4 slue. Mr. Wrighting- ton said that apparently that extra money was put in the bond issue at Commissioner Long's suggestion. He said that the Board had a bid that was $21,000 more than what was left after the first contract. The Statute says that you cannot make a contract in excess of your appropriation. Mr. Clark asked whether or not contract 1 would be held up if nothing was done now on contract 2, and Mr. Eddy replied in the negative. He said it would not hurt physically but there was a question as to whether or not the P.W.A. would consider it a breach of contract. On the item of land takings, the Chairman asked if the engineers were not 'afraid that they were taking a chance on it. Mr. Ra and said that the damages awarded so far were just under "3,000 and this scheme would allow $5000. The Chairman asked if he had received many complaints on land damages. He replied that three property owners had spoken e to him about them. Mr. Eddy said that the $800 to be transferred from the item for interest during construction was one-third of the original estimate. He said that he talked to Mr. Raymond on this and in his ignorance of Town accounting, could not understand why the whole $2400 could not be transferred. Mr. Raymond said that if application is made for immediate grants, there will not be any interest. On the item for contingencies, Mr. Eddy said it was merely a bold reduction from 6`o to 2/1. He said that 6% was a large allowance for contingencies after detailed draw- ings had been made. If the gasoline engine was eliminated It would leave two electric pumps. The gasoline engine is there for use when the electric 'system breaks down, but would lay idlb other than that. There would be some main- tenance expense for it, of course. Mr. Eddy said that there were very few stations of this size that did have a gasoline engine. The shredder is for grinding up rags, etc. and this is A new'development. The Chairman asked if labor would not be cut down, however, if there was a shredder and Mr. Eddy replied in the affirmative. He said that the shredder re- quired for its operation perhaps fifteen minutes per day, but you would still have to rake the screenings. With the other system, a man would have to rake them and put them in a barrel, take them outdoors and bury them. The water ' pipe and its appurtenances are not in the $2400.00. The Chairman asked Mr.'Ross to make any remarks he wished to. Mr. Ross asked Mr. Eddy if he understood that it was not proposed to change the size or quality of pipe if the bids were rejected. Mr. Eddy replied that the pipe would be the same size as far as he knew, but when they were re -advertised, they would review the quality of the pipe. Mr. Ross said that there were only two companies that manufactured the pipe and he got bids from both of them and, of course, used the lower price. He asked how much it would cost the town to re -advertise. Mr. Raymond said that if it was let in three different parts, it would cost the Town $600.00. Mr. Ross said that if the contract was awarded to him, the pumping station would be built by a local contractor and if the bids were rejected and it was re -advertised, the work would probably go to an out-of- town contractor. Mr. Ross asked Mr.'Eddy if he believed it would be possible to build the system for $55,000. by re- ducing the quality of the pipe, and the size of the building, Mr. Eddy said it would be well to ask for bids with deduct - able alternates. Mr. Ross said that if the P.W.A. would approve the elimination of those items, he believed the town would be better off to award the contract to Anthony Ross & Son, Inc. Mr. Eddy told the Board that it should consider the fact that Mr. Ross was $5000. lower than the second bidder and also that it would cost $600. to re -advertise. Mr. Rowse asked how it happened that Metcalf & Eddy was- so far out on its estimate. Mr. Eddy said that the 132 major item was due to a change in the pumping station by which it was made considerably lower than was contemplated in the original design. This design is ten feet lower than ' the original. The engineers made the change in the orig- inal design. The Chairman said that the Selectmen went before the Town depending on the expert advice of the engineers and the Board could not afford to make a second error. The Chairman said that the Board would like to know approximately the compensation the engineering firm would receive out of this part of the contract. Mr. Eddy said that the fee was 6J% of the construction cost, plus reimbursement for the field staff and 25% on that. 6j°0 of the Ross figure would be just over x"5,000. Mr. Rowse asked how much money a change in the building amounted to, and Mr. Eddy said he did not estimate the old building but Mr. Raymondfs estimate for the old building was about 69000. and Mr._Ross► bid was about $20,000. Mr. Rowse said they estimated the old-building at $9,000 and asked v.at their estimate was for,the new building. Mr. Eddy said that his firm estimated t4at it could build the whole system within the amount of money available. He,said that it might be that the high bids received were because of the type of contractors that bid the ,job. He thought perhaps the deep excavation for the pumping station frightened away con- tractors who would ordinarily bid on the force main, etc. and if these had bid, they would have come closer on the excavation price to Metcalf & Eddyts figure than those that did bid. Mr. Clark asked if the number of houses that , would be served by the station had anything to do with it. Mr. Eddy said he believed they figured on 2200 houses. Mr. Clark said that if a questionnaire was circulated and it showed that only a few houses would connect, they would not need as large a pumping station. Mr. Eddy disagreed and said that they must think of the future. If fewer connections were made, it would only mean smaller pumping equipment and that is really a small item. Mr. Rowse said that when the Engineering Dept. estimated the cost of constructing a street and the cost ran over by 5%, the Board criticized. He said that this Board would receive a great deal of criticism on account of the engineers on this job, no doubt, if it was necessary to re-advertise, etc. He asked Mr. Eddy what answer he had to this. He asked what reason the Board could give as to wly-the bids ran over the estimate. He said it was the Board's feeling in getting an engineering firm of Metcalf and Eddy+s reputation, that it would not get into just such a position. Mr. Eddy said he thought he was right in saying that the estimate on which the application was based, was made by the Town Engineering Dept. so that there might be a question as to whether this work or the other work was far from the right price. He said that the appropriation was madd on the townts estimate, not the engineerst. He said this estimate was made several months ' ago when there was not this P.W.A. program which has demanded that so much work be crowded into the closing days of 1938. 133 e complete reason, but he did think so; he also thought it was the most orderly way to proceed rather than making such extraordinary changes in the specifications. Mr. Rowse said that if they ran into some things the P.W.A. would In addition, all of the that work had to be placed under ' contract between the close of Congress and Jan. 1 and the time was so short that as in Lexington, most bids were received in December. The firm tried to get the P.W.A. to defer this contract until after the first of January on the theory that the prices would drop after the rush was over. Mr. Eddy thought that if this job was re -advertised, they would get lower prices. Prices are diff erent now than they were. when this appropriation was made. The Chairman said that supposing the contract was made with Mr. Ross, he wondered if Metcalf & Eddy could absorb some part of the deficiency so that it would not be necessary to cut down some of the items so that there would be so much of a gamble involved. Mr. Eddy said that Mr. Ross said that the Job woulcl be finished in three months, and if so,that would reduce the inspection. The Chairman said he that question to Mr. Eddy on the basis that his firm ,put was somewhat to blame for this mishap. Mr. Raymond said that he would like to have the records corrected to say that the estimates were made by the Supt. of Public Works and not by the Engineering Dept: Mr. Potter asked if Metcalf & Eddy went over the estimates. Mr. Raymond said that the engineers did not come into it un- til after the offer was made by the P.W.A. and accepted by the Town Meeting. Mr. Eddy said that he believed they had plenty of money to do this job. They made new estimates of their own on contract #1 and DeCristafaro was $15,000 less than ' their estimate. That indicated some of the hazards in estimating work. As to their guilt, he said that the project had gone through Town Meeting before Metcalf & Eddy had anything to do with it. He said that so far as the Board's distress was concerned, it might be much happier if the bids were rejected and new ones received. Mr. Eddy said that the foundation for the pumping station would be a very troublesome thing to put underground. Mr. Raymond said that he believed the contract should be let in three different parts. Mr. Potter asked if he did not believe that a general contractor could let the three things out to sub -contractors. Mr. Clark said he felt that we were going to get higher bids if the work was let out on three different contracts. Mr. Ross said he was sat- isfied that he got a very low bid on the pumping station as the Board could see by the other bids submitted. Mr. Eddy said his firm thought the town would get a bid of $55,000 or less. Mr. Rowse remarked that Mr. Eddy's reason for recommend- ing re -advertising was that the town would get the work done for less money. Mr. Eddy said that that was not the e complete reason, but he did think so; he also thought it was the most orderly way to proceed rather than making such extraordinary changes in the specifications. Mr. Rowse said that if they ran into some things the P.W.A. would 134 C" not allow, then it would be necessary to go into the $5300. , He said it was his idea to let the contract in three separate parts and if there was not sufficient money, to let the pumping equipment go until another year. Mr. Rowse asked if anything could come in later on if there was not sufficient money to do all three parts of the job, and Mr. Raymond said that the pumping equipment could come in later on. Mr. Eddy said that he had just submitted a bid sheet to the New York P.W.A. office, but had not submitted any questions in writing. Mr. Ross said he did not believe that the town could get a cheaper bid without changing the whole thing over. Mr. Eddy and Mr. Ross retired at 9;45 P.M. Mr. Wrightington said that if substantial items were taken out of the specifieationp, it would be in effedt making a new contract. The Chairman asked if the Board had any option according to the specifications as to leaving out anything, and Pair. Raymond replied in the negative. The Town Counsel said that that was the reason the P.W.A. was likely to refuse to allow the town to make a contract with the low bidder, with deductions. Mr. Clark asked what he recommended. He said that if the Board was going to out out substantial items, it should re -advertise and ask for new bids. If the Board is going to make a contract with Mr. Ross enabling him to out out certain things, he believed that it was a violation of the By -Laws of the Town. ' Mr. Rowse repeated that he believed that the Board should ask for bids on three separate contracts - the force main, the building, and the pumping equipment. Mr. Clark asked Mr. Raymond if he believed that three individaa.al bids would be lower than one contract, and he replied that he believed that they would be lower than any bid the town has now. The Chairman asked how long it would take to get out the specifications on the basis of three separate con- tracts, and Mr. Raymond said it would take about two weeks. It was the feeling of the Board that WHEREAS the low bid on Contract 2 of the North Lexington Sewer Project, Docket No. 1464-F, is in excess of the amount appropriated by the Town, the contract price can be brought within the appropriation only by sub- stantial changes, and WHEREAS the Town Counsel has advised the Board that under Article 15 of the General By-laws of the Town, sub- stantial changes in the specifications should not be made without re -advertising for bids, and that General Laws, Ch. 44, Section 31 forbids contracting obligations in excess of appropriations, and WHEREAS Metcalf & Eddy, expert engineers of the Tota, have advised re -advertising for bids, upon motion of Mr. Clark, seconded by Mr. Potter, it is VOTED; That all bids received on January 19, 1939 , for the said contract be rejected. Mr. Rowse then moved that the engineers proceed to prepare the specifications in accordance with their .recommendation that the contract for the project be let in three parts. Mr. Potter seconded the motion, and it was so voted. Mr. Clark asked Mr. Wrigritington if the Board could accept the low bid subject to the Town Meeting approving the additional money needed. Mr. Wrihtin gton said that the Board could make an agreement under which it could accept the low bid to do the work as specified in the con- tract, the acceptance to take effect upon certain contin- gencies, namely that the town.should make an appropriation sufficient to cover the additional cost and that Mr. Ross would cancel the whole thing if the Town did not appropriate the additional money. However, there would be the question of making a contract with Anthony Ross & Son, Inc. while Albert A. Ross was a member of this Board. He stated that he had stated right along that the Board could not do that. Mr. Wrightington said that with regard to the Ryder cases Ryder bill, the one he submitted for $4500. covered everything cases done to the first of 1939. Letter was received from the Town Clerk stating that the Town Counsel had given the opinion that it was nec- essary to publish the Appropriation Committee reports to the Town Meeting inasmuch as the original report is filed ' with the Town Clerk, and Mr. Carroll said that when Mr. Wrightington wrote the Board on the subject he understood Town that both the Town Clerk and the Appropriation Committee Report filed the same report. - Mr. Carroll said that Mr. Wright- ington agreed with him that all vital statistics must be recorded in full detail and that they would have to be published until voted otherwise at a Town Meeting, Mr. Wrightington said that the Town Clerk had written him asking certain questions about his town report. One was whether or not it was necessary to print the births, marriages and deaths in detail. He talked with someone in the Vital Statistics office at the State House and the person with whom he talked was the same one with whom Mr. Carroll talked and the man admitted that he had not looked at the question from a legal angle, and when Mr. Wright- ington pinned him down, he did not know of anything in the Statute that obligated the town to print all the details. The Statute does not obligate the Town Clerk to make a report anyway but the By-laws state that all officers shall submit one. However, the By-law also says that the report may be concise and he- believed that that enabled the Town Clerk to give a report that was not detailed. The Chairman said that the Board had received a concise report from the Appropriation Committee and asked if that would be sufficient. Mr. Wrightington looked at the report ' and said that it would be all right and it would not be necessary to print the various reports on town meeting appropriations during the year. 136 Letter was received from Mr. Wrightington regarding the tovm's claim against Arthur LaChance for the hospital LaChance bill of his daughter. Mr. Potter said that he did not bill. believe there was any hope of collecting the money from LaChance, but he would be glad to talk with the man and see what compromise he could make. Mr. Raymond said he wished to discuss the deed to the pumping station lot. Mr. Bidwell, the attorney for the Pumping owners, drew up a deed and Mr. Raymond wanted to know if station Mr. Wrightington would approve the deed. He had Miss Fardy deed. search the title but asked if the Board would approve having; Mr. Wrightington search it so that he might approve the deed. Mr. Clark moved that this approval be granted. Mr. Rowse seconded the motion and it was so voted. Letter was received from Metcalf & Eddy recommending Change the issuance of a change order on Contract #1, North order - Lexington Sewer project, authorizing the use of well points Sewer for unwatering the trench excavation wherever approved by project. the engineer, the compensation to the contractor for such use at the rate of 01.00 per linear foot of•trench. Mr. Clark moved that the change order be approved and signed. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond reminded the Board that some time ago ' the Layne -Bowler Co. deposited a check in the amount of 01500. with the Board f or the construction of Westview Westview Street. The County CoiLai.ssioners have ordered the town Street to relocate the street before June, 1939, and Mr. Raymond recommended that the check be turned over to the Town Treasurer. When he asked Mr. Wrightington about the matter, Mr. Wrightington said he would prefer to know what kind of arrangement had been made with the people before rendering an opinion. The matter was held over for one week. Mr. Raymond reported that the Boston Market Gardner's Use of Association desired to use Cary Hall on Jan. 31 for a Hall. banquet. Mr. Potter moved that the use of the hall be granted subject to a fee of $30.00. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond reported that the Lions Club had re- quested the use of Cary Hall on February 17th for the purpose of holding a wrestling match. Mr. Potter moved that the use of the hall be granted on that evening sub- ject to a fee of 015.00. Mr. Clark sedonded the motion and it tivas so voted. Mr. Raymond said that the Boston Regional Market wished to use Estabrook Hall for its annual meeting on March 8 from 10 A.M. to 4 P.M. Mr. Clark moved that the use of the hall be granted subject to a fee of 0,10.00. Mr. Rowse seconded the motion and it was so voted, ' 137 ' Mr, Raymond said he was already to send in the document requesting a 15% allotment on Vine Brook and he thought it in order for the Board to request him to ask for an P.W.A. allotment of 150 on the North Lexington sewer and another projects. 25% on Vine Brook. Mr. Clark moved that this authority be given Mr. Raymond. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond said he had received a request to prepare petitions for sewers in North Lexington. These streets involve a program of about $100,000. worth of sewer ex- tensions. He asked if the Board would approve sending out the petitions with the assessments noted on them. Mr. Clark moved that the approval be granted. Mr. Rowse seconded the motion and it was so voted. - Letter was received from the Lexington Fruit Co. stating that they had lost much business because of the enforcement of the no parking regulation in front of their store on Mass. Avenue. They suggested that the bus stop on Mass. Avenue be moved down further. Mr. Potter moved that the traffic rules and regulations be amended so that the bus stop on Mass. Avenue southerly of Waltham Street be moved from the corner fifty or seventy-five feet. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond said he would prepare the mnendment. Sewers Traff i c Regulations Mr. Raymond said that he had talked with Walter Drainage - Ballard about the drainage in Raymond Street and told him Raymond St that he had it in his budget for this year. No action was taken on the matter. Letter was received from Mr. Raymond containing a report on storm emergency repairs. He said that $3370. was estimated to be needed and there is only $1200 remaining available. Letter was received from the Town Accountant on the same subject stating that the Fire Dept. had exceeded its estimate by $609.88 and that the Cemetery Department had further expenditures to make in the spring which will total $150. He said that if the Cemetery Dept. was to be allowed to make this expenditure, the Public Works Dept. would have to be limited to a further expenditure of $1225.91. The Clerk was instructed to notify'the Fire Dept. to request that an article be inserted in the warrant for the Annual Town Meeting for an appropriation of sufficient funds to complete their storm repair work. Mr. Rowse moved that the Cemetery Commissioners be allowed to spend $150. more. Mr. Clark seconded the motion and it was so voted. Storm emergency ' Letter was received from the Town Clerk requesting Tax Title that he be given more definite information regarding the property lots in the Meagher development, the titles of which the Board wished to validate. Mr. Raymond said that Mr. Carroll could get this information from Mr. Cosgrove and Mr. Spencer. It was decided to meet Saturday afternoon at 1:30 Meeting. P.M. to discuss budgets. ' Letter was received from Col. John J. McDonough reply- V.P.A. ing to Mr. Giromxts request that Lexingtonts W.P.A. quota quota. be increased. Col. McDonough stated that he regretted he was unable to increase the quota at the present time. The Clerk was requested to make copies of the letter for the members of the Board. Messrs. Mitchell and Morse appeared before the Board Welfare relative to welfare matters. Upon motion of Mr. Clark, seconded by Mr. Rowse, it was voted to grant the following licenses: John N. Connors Lincoln Trans. of Garbage ' Calvin W. Childs Watertown St. Methyl Alcohol Letter was received from the Town Accountant advising that he attended the hearing on Jan. 18th pertaining to Chap.500 the modification of the provisions of Chapter 500 of the Acts of Acts of 1938 under which a distribution was made to the 1938 cities and towns from the highway fund created through gasoline tax receipts. Mr. Russell recorded Lexington ks being in favor of Legislation to make the money available for general highway purposes and as being in favor of modifying the Act to permit the money to be paid to regular town employees. The Chairman said that Chief Sullivan would like the Police Board to authorize him to have Edward C. Maguire do the Dept. clerical work for him. The Board saw no objection to it but thought it should not interfere with the work of any department. The Chairman said that Clyde Steeves spoke to him e Meeting re about having a joint meeting of the Assessors, Board of apartment Appeals, Planning Board,.Appropriation Committee and houses. Selectmen to see what the feeling was toward allowing apartment houses in Lexington so that the valuations would be increased. It was decided to have the meeting as soon as possible. Assistant Mr. Rowse moved that Mr. F. J. Spencer be appoihted Assessors an Assistant Assessor for the year 1939. Mr. Potter seconded the motion and it was sovoted. Letter was received from the Building Inspector Building stating that Mr. Joseph A. `Hills had erected a shed on violation his property at 10 Bernard Street illegally. He requested permission to refer the matter to the Town Counsel. Mr. Rowse moved that permission be granted. Mr. Potter seconded the motion and it was so voted. Messrs. Mitchell and Morse appeared before the Board Welfare relative to welfare matters. Upon motion of Mr. Clark, seconded by Mr. Rowse, it was voted to grant the following licenses: John N. Connors Lincoln Trans. of Garbage ' Calvin W. Childs Watertown St. Methyl Alcohol ' Pager J. McDonagh - 301 Mass. Ave. - Methyl Alcohol Licenses William H. White, Jr., - 7 Mass. Ave.- 1st Class Agent's The meeting adjourned at 11:55 P. M. A true record, Attest; �•�s�s.Jt Cler .