HomeMy WebLinkAbout1939-03-06218
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SELECTMEN'S MEETING
MARCH 6, 1939.
A regular meeting of the Board of Selectmen was held
in the Selectmen's Room, Town Office Building, at 8:00 P.M.
Chairman Giroux, Messrs. Potter, Clark and Rowse were
present. The Clerk was also present.
The Committee on housing Fire Department equipment
appeared before the Board. The Chairman told the group
that Chief Taylor had been injured in an accident and
would be unable to attend the conference tonight. He
said that the Appropriation Committee had suggested that
the Board confer with the Chief and the Committee on the
matter of the new aerial ladder truck requested this year.
Fire Dept, The Chairman explained that the ladder truck now ovmed by
Truck the Fire Department was twenty-two years old and had broken
down at a fire recently. The equipment -the Chief wants is
modern and the ladder is shorter by six feet than the present
one and the question of a high building is not involved.
The ladder would be automatic and one man could drive the
truck to a fire and operate the equipment. At the present -
time, however, it does not mean that there will be fewer
men needed, but the Chief believes that the purchase of
the equipment would retard the adding of men to the force ,
for some ti*e. The Chairman said that the Appropriation
Committee and the Selectmen had ap roved the -purchase of a
truck and said that it would cost 16,315.00. He said that
the Appropriation Committee wondered why it would not be
feasible to purchase a cheaper piece of equipment. Chief
Taylor said he would prefer not to have any rather than buy
cheap equipment.
Mr. Rowse said that as he understood it-, the Chief's
argument was that it was almost impossible to raise a
ladder with the present equipment.
The Committee said that it really was not appointed
to have anything to do with the purchase of fire department
equipment, but was appointed merely to study the housing
of the force and the equipment.
The Chairman said that the Committee could think the
matter over and said he would contact the Fire Engineers
and request them to present the article on the purchase of
the truck to the town meeting members thEmselves.
The Committee retired at 8;15 P. M.
Mr. Carroll, Town Clerk, appeared before the Board
for the drawing of two jurors. Mr. Charles E. Ferguson,
Jurorse builder, of 16 Highland Avenue was drawn to serve at the
criminal session in Cambridge beginning April 3, 1939.
D. Jack Allia, engineer, of 34 Eaton Road, was drawn to ,
serve at the civil session in Lowell beginning April 3rd,
1939.
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Mr. Clark said that none of the local plumbers were
on the committee appointed to revise the present plumbing
laws, and he thought it would have been only courteous
to allow them to at least examine the proposed laws before
they were presented to the Town Meeting. He said that
they might have constructive criticism and he thought that'
copies should be furnished to at least the master plumbers
in town. The Clerk stated that the Plumbing Laws had been
given to the printer. There was considerable discussion
as to whether or not the printing of the By-laws should be Plumbing
held up, but Mr. Alan Adams appeared before the Board and Laws,
said he had not yet started to print the laws.
Mr. Clark moved that the type be held and that the
master plumbers in town be sent a copy of the -proposed
by-laws and that they have the privilege of appearing
before the Board of Selectmen bef ore the By-laws are. pres-
ented to the Town Meeting. Mr. Rowse seconded the motion
and it was so ,voted. It was then voted that the article in the
Warrant concerning the Plumbing Laws be indefinitely postponed.
Letter was received from the Town of Winchester rel-
ative to the complaints about milkmen making deliveries in Complaint
the early morning hours. The letter stated that that re milk
town had had a similar request to abate the annoyance and deliveries
had called a conference of representatives of the various
milk dealers. An agreement was reached by which the milk
companies promised not to deliver before six A.M.
Arlington has no by-laws on the matter..
Letter was received from the Health Inspector stating
that he had called at 16 houses on Sunnyknoll Ave. and
Reed Street, and asked the people if they had been annoyed
by milkman making deliveries in the early hours of the
morning., and no one said that he had been annoyed. In
view of the fact that none of the neighbors were bothered
at all, it was decided not to propose any by-law to restrict
the hours of delivery in accordance with Mr. Ingram's
complaint.
At 8:30 P. M. Mr. Charles Linehan, who owns property
on -Westview Street, and Mr. Raymond appeared before the
Board. Mr. Linehan said that about a year ago, Mr. Bowler
of the N.E.-Water Supply Co. told him that he wanted some
land for his pump houses, and Linehan saw that they had
gone onto his land and had done work without his per-
mission. They finally came to an agreement, and Linehan
sold some of the land. Bowler wanted to buy some land on
the left side of the railroad track, but Linehan said that
he did not want to sell that land. Mr. Bowler said he
wanted only three or four feet and Linehan said that per-
haps that could be arranged. However, he did not hear
anything mo-3!�@ until three or four weeks ago when Mr.
Crocker of the same company told himthat they wanted some
more land and said they would give him $300, for what they
wanted. Linehan said he was undecided and would want to
think the offer over. Mr. Crocker said it did not make any
Linehan -
re prop-
erty -
Westview
Street
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difference anyway, as if Linehan did not sell it, they
would take it by Eminent Domain and that the street was
going to be relocated and repaired. He said that there
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was a hearing before the County Commissioners, but his
family knew nothing about it and of course, was not present.
Linehan said he felt that the people were doing business
there and that they should pay for what land they had
taken. Linehan gave them a price which they said they did
not care to pay.
The Chairman asked Mr. Raymond for his views on the
matter and he replied that there was nothing that the
Town could do about it as Linehan would have to make his
deal with the N. E. Water Supply Co. He said that this
relocation went back to the original location of the
street. Linehan said that the land had been in his family
from 70 to 75 years and they had paid taxes on it all that
time. Mr. Raymond said that the Water Company was supposed
to give the town a deed to the land. Linehan said that
the difference between what he asked and what they would
pay was only $150.00.
The Chairman said that he knew Mr. Crocker and would
take the matter up with him s oit was decided to hold the
matter over for one week.
Messrs. Lindstrom and Longbottom appeared before the
Board. Mr. Lindstrom said that originally.the regulations
.concerning gas vents were incorporated in the Plumbing
Laws, but Mr.• Wrightington felt that they should not be
Laws re
there and said his opinion was that there should be an
gas vents,
amendment to the Building Laws to take care of the matter.
Mr. Longbottom said that if the new Plumbing Laws were
adopted, at the Town Meeting, it would leave the town with-
out any regulation in effect concerning gas vents.
The Chairman told them the Board would discuss the
matter and they retired,
It was decided that inasmuch as no action was to be
taken on the Plumbing Laws at this Town Meeting, that it
was unnecessary to take action on this matter now.
Messrs. Fales, 'Whitman and Alden of Metcalf & Eddy,
Mr. Street, P.W.A. resident Engineer Inspector, and Mr.
John W. Raymond, Jr. appeared before the Board.
The Chairman.read Metcalf & Eddyts report on the low
bidders on Contracts 3, 4 and 5 in connection with the
North Lexington Sewer project. on the basis of the low
bid in each case, there are apparently sufficient funds
available to finance the contracts without any deductions
from the base bid prices for alternates. Therefor, accord-
ing to the terms of the contract documents, no alternates
can be applied provided the low bidders are properly
qualified.
The low bidder on Contract 3, force main, is W.C. '
Ferguson of East Jaffrey, N.H. The Chairman read
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Ferguson's financial statement. Metcalf & Eddy's letter
' said that from past experiences, great difficulty was found
in getting Ferguson to conform to specifications. However,
they recommended that the contract be awarded to him.
The low bidder on contract 4, pumping station building,
is Albert P. Rounds of Stoneham. The Chairman read Rounds'
financial statement, which was rather poor. However, Metcalf
& Eddy recommended that the contract be awarded to him in
spite of his financial statement, provided his surety was
satisfactory.
The low bidder on Contract 5, equipment for the pump-
ing station, is Ralph P. Hall, Inc. of Boston. Mr. Hall's North
financial statement was very good and his experience has. Lexington
been wide. Metcalf & Eddy recommended without hesitation Sewer
that the contract be -awarded to him. Project.
Mr. Fales said that the reputation Ferguson had was
that he did not follow specifications very carefully.
However, it did not seem incumbent upon an engineer to
:throw out a low bid because he knew he would have to watch
the contractor all the time. The work Ferguson has done
has been satisfactory. Mr. Raymond said that probably the
Board would want Ferguson to take out his bond with the
Employers' Liability,
Mr. Ferguson was invited to appear before the Board.
The Chairman asked him if he would be willing to place his
bond with a Massachusetts Company satisfactory to the
' Selectmen if the contract was awarded to him. He said that
the Peerless Company was unknown to the Board. Mr. Ferguson
replied that he believed the Peerless Co. was affiliated
with the Hartford Indemnity Co., but said he would be very
glad to place his bond wherever the Board wished.
Mr. Hall appeared before the Board. The Chairman
asked him the name of his surety company, and he said that
it was the New Amsterdam Casualty Co. Mr. Rowse asked if
he had any particular reason for wanting to use that
c6mpany, and Mr. Hall said that there was none other than
that he had had very pleasant dealings with thein. He
said he did business with the New England manager and very
often when requested to, the bond was placed through local
brokers. He said he had also been bonded with the Aetna
and Century Indemnity Companies. He said it made no
difference to him and would be glad to place the bond
wherever the Board desired him to. He retired.
Mr. Rounds appeared before the Board. Because Mr.
Rounds' cash on hand was only $500.00, the Chairman asked
him how he planned to take care of his payrolls for the
first six or eight weeks. Mr. Rounds called the Board's
attention to the fact that his real estate holdings were
valued'at $65,000. less incumbrances of $28,000. He said
that he planned to turn over some real estate before
starting the job. Mr. Rowse asked if he had actually
' completed the transaction or if he was merely going to
try to sell the real estate. Rounds replied that one
deal was going through tomorrow and another was in progress,
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The Chairman asked him what his surety company was, and
he said it was the Aetna. The Chairman called Rounds'
attention to the fact that P.W.A. regulations require -that
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the contractor shall take care of payments on supplies by
a certain date each month. Mr. Raymond asked Rounds in what
town his real estate was, and he said that it all was in
Stoneham. He retired.
Mr. Rowse asked if there was enough leeway between the
total of the three low bids and the money available to take
care of extras (such as ledge) they might encounter. Mr.
Whitman said that the funds available for the three con-
tracts including contingencies, was $62,888.00. Mr. Rowse
said that we had borrowed $5,000. more than our share and
he asked if the $62,888. included this, and Mr. Whitman
replied in the negative. He said that the three contracts
amount to $58,943.50 and about $3900. was left for con -
North Lex.
tingencies.
Sewer
The Chairman asked if it would be necessary to go through
Project,
with the article in the warrant asking for an extra amount
of money. Mr. Raymond said that the margin was very close
and he thought the Board should ask for the money. He
recommended going through with the article in case of
emergency.
Mr. Rowse asked if the specifications on the pumping
station were changed materially from the specifications
originially bid on. Mr. Whitman replied that they were
changed somewhat, but not materially. Mr. Raymond suggested
that instead of being changed materially, that they were
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clarified. Mr. Whitman said they economized a little on
the bottom of the station.
Mr. Rowse asked if it would be possible to make ded-
uctions on the contract now even though the amount of money
was within the funds available. Mr. Whitman said that this
could not be done because of the information given to the
bidders.
Mr. Rowse asked if a comminutor or a tritorator was to
be used. Mr. Whitman said that these specifications called
for the comminutor although the original specifications
called for the tritorator. The reason for this was that
the comminutor is more expensive and therefor the base bid
had to include it so that if there was not enough money to
use the base bid, the lesser amount, being the cost of the
triterator could be substituted. However, because the total
of the three low bids is within the funds avallab�e, the
base bid will have to be used and as this included the
comminutor, the comminutor will have to be used. Mr. Raymond
asked if it would not be possible to put through a change
order after the contract had been awarded, and Mr.. Whitman
replied in the affirmative. Mr. Raymond said that the
appropriation required for the pumping station using the
comminutor would be about ,100.00'a year more than if the
triterator was used.
'
Mr. Rowse said -'he would'like to have something amitted
or changed if there was not going to be enough money with
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the $3900.00 overage.
Mr. Rowse moved that the article in the Warrant asking
for additional funds for this job be indefinitely post-
poned. Mr. Potter seconded the motion and it was so voted.
Mr. Raymond said that there would have to be action
taken in order to give the town the right to take an ease-
ment on lands that were not covered in the other vote. He
thought it would be far-fetched to take up easements only
under the article.
The Chairman told him to discuss the matter with Mr.
Wrightington and get his ideas and report to the Board next
week.
Upon motion of Mr. Rowse, seconded by Mr. Potter, it
was voted to adopt the following resolution:
RESOIIJTION
RESOLVED THAT: WHEREAS, bids for contracts numbered 3,
4, and 5 for the North Lexington Sewerage System for the
force main, pumping station, and equipment respectively,
in connection with the project at Lexington, Massachusetts
(P.W.A. Docket No. 1464-F) have been duly received, con-
sidered and compared; and
WHEREAS, it appears that the bidders hereinafter des-
ignated are the lowest qualified responsible bidders on the
contracts set out below:
NOW, THEREFORE, BE IT RESOLVED by the Board of Select-
men of the Town of Lexington that the contracts set out
below are awarded as follows:
Provided however that these awards shall not become
effective until said bidders shall have been notified
thereof in writing by the Superintendent of Public Works of
the Town of Lexington.
Contract 3 Base Bid Contract Price
W.C.Ferguson
East Jaffrey, New Hampshire $26,424.50 $26,424.50
Contract 4,
Albert P. Rounds
58 Montvale Ave.,Stoneham, Mass. 20,525.00 20$25.00
Contract D.L
Ralph P. Hall, Inc.
141 Milk St., Boston, Mass.. 11,994.00 .119994.00
The Superintendend of Public Works of the Town of
Lexington is hereby instructed to prepare two certified
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copies of this Resolution and three certified copies of the
tabulation of all bids in accordance with the instructions
of the •Public Works Administration, and submit the same
224
immediately to the Regional Director, Region #1, Federal
Emergency Administration of Public Works, together with
names of proposed Surety Companies for performance bond '
for each bidder awarded a contract by this resolution.
Upon receipt of information that the Regional Director,
Region #1, Federal Emergency Administration of Public Works
has concurred in these eaards, the Superintendent of Public
Works is hereby directed to notify said bidders in writing
of said awards and to arrange for the immediate execution
of said contracts and the furnishing of the necessary bonds
to accompany such contracts.
The group retired.
Mr. Raymond said that he had taken bids on repairing
the Water Departmentiruek. The Colonial ''Garage bid $361.
and F. K. Johnson bid $390.,,but in the latter estimate,
more wofk was included than in the former. Taking an av-
erage of the two figures, the best price he could hope to
get was $375.00 for repairs. The truck is almost a year old
and has been operated 170000 miles. Mr. Raymond had obtained
a figure on a new truck amounting to $770., less an allow-
ande of $160. on the old truck, making a net cost of $610.
Water Dept. He said he believed that if they took their time and purchased
Truck. the parts, that the mechanic at the Public Works Building
could put the truck in shape so that it would be good enough
for him to use although it was a larger truck than he needed. '
Mr. Rowse asked if money for repair of the truck was in-
cluded in the budget, and Mr. Raymond said that it was not
as the truck was smashed into and that could not be forseen.
He recommended that the mechanic repair the truck and that
the Water Department be allowed to purchase a new one.
The Chairman suggested that Mr. Raymond discussthe
matter with Mr. Russell and bring it up again next week.
Mr. Raymond said that he had been advised by the Boston
and Maine Railroad that they planned to,rebuild the over-
head bridge on Maple Street. They stated that they under-
stood the sidewalk on the southerly side of the street
belonged to the Town of Lexington. He requested Paxton to
get an estimate from the railroad for rebuilding the side -
Sidewalk - walk and they have submitted a figure of $325.00. Of
Maple course no money was allowed in the budget for this work,
Street. but if they rebuild the bridge, the work -will have to be
done. He said he found that half of the sidewalk was being
used for the Water main. He asked if -the Board wished him
to proceed to tell the railroad that it could go ahead and
rebuild the sidewalk.
Mr. Potter moved that Mry Raymond be given such author-
ity and that the expense be charged to the proper account.
Mr. Rowse seconded the motion and it was so voted.
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225
The Chairman said that the Appropriation Committee
' had approved $10,000. for Snow Removal and said that $60000 Snow
had been spent to date. Removal
The Appropriation Committee has set up $15,000. in and
the Reserve Fund as compared with $6,000. last year. Reserve
He stated that the Board had previously approved Fund
$15,000. for Snow Removal and asked what it wished to do.
Mr. Rowse moved that the Board concur with the Appropriation
Committee in approving $10,000. Mr. Potter seconded the
motion and it was so voted.
Notice was received from the County Commissioners for
a hearing with respect to the relocation and repair of Hearing on
Weston Street to be held by the Commissioners on Friday, Weston St.
March 31 at 2;00 P.M. in the Selectmen's Room, Town Office
Building. The notice suggested that we notify interested
Parties, The Clerk was instructed to notify interested
parties and to arrange for the use of the room.
Letter was received from the Planning Board requesting
that the Board discuss with that Board, tax titles which
had developed this year. In view of the fact that it was Tax
not quite clear as to just what the Planning Board wanted, Titles.
the Chairman was requested to discuss the matter with the
Clerk of the Planning Board and to find out exactly -ghat
is wanted.
' Letter was received from the Tax Collector of Natick Letter re
recommending Mr. Thomas H. Shinkwin for the position of Shinkwin
Sealer of Weights and Measures.
Application for the admission of Mabel V. Brigham of T.B.
5 Hillside Terrace to the Middlesex County Sanatorium., was case.
received. The Board signed the application.
Letter was received from Mr. William H. Ballard ad-
vising that he would be unable to serve as a member of Committee
the Committee to study the Tenement House Act for towns. on
However, Mr. Ballard made several suggestions to the Tenement
Committee on the subject. It was voted to refer the House Act#
suggestions to the Committee.
Mr. Rowse moved that Mr. William L. Smith of 32 Hancock
Street be appointed to the Committee in Mr. Ballardts place.
Mr. Clark seconded the motion and it was so voted.
Letter was received from Howard W. Newell, M.D. res-
igning as Town Physician and Health Officer at the ex- Resignation
piration of his term on March.31st, 1939.
Application was received from the Waverley Hardware
' Co. for an Alcohol License. Mr. Potter moved that the License
license be granted.. Mr. Clark seconded the motion and it
was so voted.
226
W.P.A. Letter was received from Mr. Clayton F. Beach advising
Music that Miss Helen Wihtol of 334 Waltham Street had been work- '
Project. ing on the Federal Music Project .from the beginning of
W.P.A. He said that Miss Wihtol had never been to his
office. No action was taken on the matter.
Mr. Potter informed the Board that he believed the
offdr of E. B. O'Connor to purchase Lots 5, 6 and 7 on
Offer to Waltham Street (Holmes Estate) for $1,000. was inadequate.
Purchase He said, however, that he did -not care to suggest a price
Property. for the lot so that a counter-offer could be made and it
was therefor voted to refer the matter to the Committee on
Tax Title property.
Peddler's Mr. Potter moved that Kenneth Tefft's application for
License a Peddler's License be approved. Mr. Rowse seconded the
motion and it was so voted.
Commitment of Water Miscellaneous Charges in the
Commitments amount of $29.71 and of Mater Liens in the amount of $40.21
were signed by the Board.
Messrs. Mitchell and Morse appeared before the Board
Welfare relative to Welfare matters.
The meeting adjourned at 11:30 P. M.
A true record, Attest: I
Clerk.
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