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HomeMy WebLinkAbout1939-05-08P SELECTMENTS MEETING May 8, 1959. A regular meeting of the Board of Selectmen was held in the Selectments Room, Town Office Building, at 7;30 P1 M. Chairman Giroux, Messrs. Potter, Rowse, Locke and Sarano were present. The Clerk was also present. At 7:30 P. M. hearing was declared open on the petition of the Boston Edison Co. for permission to Pole erect a guy pole on Waltham Street, approximately 25 location feet southwest of Massachusetts Avenue. No one appeared in favor or in opposition. Mr. Potter moved that the permit be granted. Mr. dowse seconded the motion and it was so voted. The Chairman said that Robert L. Kelley had accepted his appointment as a member of the Committee to study the Tenement House Act. He said that inasmuch Committee as Mr. Frederic L. Fischer had been approached on the on Tenement subject, he thought it would be a good idea to increase House Act the committee from five to six members. Mr. Potter moved that the committee be increased to six members and that Mr. Frederic L. Fischer be appointed the sixth member. Mr. Sarano seconded the motion and it was so voted. Application for the admission of Vincent Hardacker T. B. of 475 Waltham Street, age 22, to the Middlesex County Application Sanatorium was received. Mr. Locke moved that the appli- cation be approved and signed. Mr. Rowse seconded the motion and it was so voted. Sewer Sewer Betterment Assessment in the amount of Assessment $179.39 was certified by the Board. Letter was received from the Tax Collector re - Abatements commending that three Board of Health charges be abated. It was decided to hold the matter over for one week to get more information on the matter. At 7;35 P. M. Messrs. Lester Ellis and Donald Nickerson representing the Planning Board appeared. Mr. Ellis acted as Chairman Pro -tem of the Planning Board. He said that he had consulted Mr. Edwin B. Worthen of 5 Winthrop Road relative to serving as a member of the Planning; Board, and Mr. Worthen was agreeable. He said that Mr. Worthen was a graduate of M.I.T. and worked in an architect's office. The Selectmen had no objection 1 D 1 1 1 1 295 to approving the recommendation of the Planning Board. Upon motion of Mr. Ellis, seconded by Mr. Potter, it was voted to appoint Mr. Edwin B. Vdcr then, Jr. as a Member of member of the Planning Board to serve in the place of Planning Bd. Mr. Eugene G. Kraetzer, the term to expire in 1940. Surety bond in the sum of $1,000. on behalf of Mr. Ejnhard A. Lindstrom, Plumbing Inspector, was re- ceived. Mr. Rowse moved that the bond be approved. Bond Mr. Sarano seconded the motion and it was so voted. Letter was received from the Lexington Allied Veteran's Council stating that that body would be pleased to cooperate with the Selectmen in the proper obser- vance of Flag Week from June 8th to June 14th. The letter stated that there would be an expense of approx- imately 435.00 for putting the flags out and taking them in during the week and asked what this money could be charged to. Mr. Rowse moved that the Supt. of the Flag week Park Dept. be requested to put the flags out and take them in during Flag Week, and to serve in conjunction with the Lexington Allied Veterans Council in the ob- servance of the week. Mr. Potter seconded the motion and it was so voted. Letter was received from the Mass. Dept. of Public Works advising that it would be necessary for the town to accept Chapter 152 of the Acts of 1938 before any high- way work could be done in conjunction with the State Department. The Clerk was instructed to send the letter to the Town Counsel and request his opinion on the matter. Ch. 152, Highway work Mr. Sarano informed the Board that he contacted two persons relative to tearing down the old buildings in East Lexington. One wanted �50. to take the Friend Tearing down Brothers barn down and the other said he would not take old build - down the house opposite Bow Street for the material in ings it. No further action was taken. Notice was received from the P.W.A. to the effect that it approved awarding the Contract B., Vine Brook Vine Brook Drainage project, to Peter Salvucci. project Letter was received from the Town Counsel re- garding the default of the Lee Construction Co. on its bond. He said he did not believe that the Selectmen would be justified in abandoning the claim on the bond .as requested by Mr. Lee without a vote of the Town Meeting. Mr. Wrightington enclosed copies of his letters to the Lee Construction Co., Inc. and the Mass. Lee Constr. bid bond 296 Bonding and Insurance Co. which he had sent to preserve , the rights of the Toni. The Chairman said he wished the Board to confirm his action in requesting the Town Counsel to take what- ever steps necessary to preserve the town's rights in the matter. Mr. Potter moved that the Chairman's action be approved. Mr. Rowse seconded the motion and it was so voted. Mr. Clarence A. Barnes and Mr. Walter H. Lee of the Lee Construction Co., Inc. appeared before the Board. Mr. Barnes said that he had been Town Counsel for the town of Mansfield for twenty or twenty-five years and had served as a member of the Board of Selectmenthere. He said that he was not here trying to make any legal case or assert any legal rights, but merely to make sure that the Board had all the facts before it and then to ask the Board what it could do for Mr. Lee. He said he understood that on this contract, the bids were opened on April 20th and the Lee Construction Co. had a bid of $105,000.00 and the next lowest bidder was $139,000.00 and that that night Mr. Lee was here when Barnes & the bids were opened. then it was announced that he Lee re; was the low bidder, by 635,000.00, he began to think Vine Brook ' that there must be a mistake in the figures which his Contract B. estimator had made up. At the time, Mr. Lee was figuring on three jobs and the work on this one had been turned over to his estimator. He discovered that night that there was an item of 60,000 yards of earth excavation which his estimator had put down at $.40 per yard and the next lowest bidder had figured the same item at 4.88 per yard, so he knew a mistake had been made on that item. The next day he conferred with Metcalf & Eddy and he told Mr. Shaw that he had made a crucial error in his bid, that in no way was he able financially to carry out the contract, and he requested Mr. Shaw to use his influence or recommendation with the Board to secure a cancellation of his bid. Mr. Shaw said that he could see there must be some vital mistake in his figure, and said that he would go into the matter and that there was a possibility that he might be able to get the bid thrown out on the ground of a mistake or on the three following grounds; (1) mistake in the figuring; (2) possibility that Lee could not get a contract bond; (3) his financial condition. Mr. Lee got in touch with the Mass. Bonding and Insurance Co. and told Mr. Clark of that company that he had made this mistake of $35,000. and that he knew he would go broke on the job if he had to carry it through. The Mass. Bonding Co. figuring ' that such was the case, told him that he could say that they would not write a bond. ' Mr. Lee interrupted Mr. Barnes at this point and said that he told Mr. Clark how low his bid was, and Mr. Clark said that the company would not give him a bond. Mr. Barnes said that Mr. Lee came here to lay his cards on the table. As a legal proposition, perhaps the town could invoke the provisions he bid under and take the amount of the bid bond from him. The Mass. Bonding Co. would clean him out if it collected the $6,000. from him. The town has not lost anything because the contract has been awarded to the next low bidder, but Mr. Lee says that if there has been any loss to the town, he will gladly make good any part of the money that the Board feels that he should pay. As soon as he discovered his mistake, he immediately notified the town of his position. Mr. Barnes hoped that the Board would take that into , consideration and let Lee out because he made the mis- take, exacting any damage it thought had been incurred. He thought that the P. W. A. might say that the whole thing had to be forfeited even though the mistake had been brought to the attention of the authorities before the contract was accepted. He suggested that the Board cancel this bid upon the approval of the P. N. A. of the second bidder, as if they did not approve him, then Lee would have to pay. He understood that if the Board would let Lee out with some penalty that the P. W. A. would approve it. He said he wanted to make sure that the Board fully understood the matter. Mr. Barnes asked Mr. Lee if there was anything he wished to say to the Board. Mr. Lee said that he had been in business fifteen years and had made some money and had lost some money, but everything he had was in the company now. He said it was hard to work fpr fifteen years and then have to start in again as he would have to do if the town in- sisted on taking this money. Mr. Barnes said he knew instances where mistakes had been made and when the contract had not been awarded, that the bid bond had been exacted. Barnes said that the town had a legal right to take the mole amount of the bid bond, but in the light of the mistake made, he requested the Board to take out merely whatever the town suffered and give back the rest. They retired at 8;15 P. M. The Chairman explained that an appointment had been made for a Mr. Glennon of the Mass. Bonding and Insurance Co. to appear before the Board but that at the last minute, Mr. Lee telephoned and said that Glennon was not coming but that he and Mr. Barnes were coming in Glennon's place. It was decided to furnish the Town Counsel with a copy of this record and request him to come in next week ' to discuss the matter. Signs - Lincoln Street Mr. Raymond appeared before the Board. He read a copy of the Selectmen's Records of Feb. 8th and of Feb. 12th regarding signs on Lincoln Street as requested by Mr. Harold B. Conant. Mr. Potter asked if he thought one sign reading "Winding Road" would do any good, and Mr. Raymond replied in the negative. Mr. Sarano said that the Conants wanted to try to get automobiles to slow down and to reduce the speed to a normal speed. Mr. Raymond said he believed it would be necessary to send the motorcycle officer up there once in a while to try to accomplish this. The Board felt that it would be willing to put up at least one sign wherever Mr. Raymond saw fit in an attempt to reduce the speed at the corner near the Conant's house. Mr. Saran moved that the expense be charged to, the Traffic Regulation and Control account. Mr. Locke seconded the motion and it was so voted. 1 n Mr. Raymond said that Supt. Marshall of the Cem- etery Department informed him that he had a number of Cemetery evergreen trees that had to be moved this week and he Dept. therefor sent a gang of welfare men up there to do what- ever Mr. Marshall wished them to do. Mr. Raymond reported that the Arlington Gas Co. had requested permission to install a four inch main on the end of the existing main in Merriam Street a distance of 80 feet from Berwick Road toward Adams Street. He approved it. Mr. Rowse moved that the extension be approved. Mr. Potter seconded the motion and it was so Gas mains voted. Mr. Raymond said that the company had also re- quested approval to install a gas main in Simonds Road a distance of 115 feet from Preston Road toward Burlington Street. Mr. Locke moved that the extension be approved. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that Mr. Beach would like approval to open up a sidewalk project to complete the Pleasant, W.P.A. Lincoln and Oak Street sidewalks, including some work on the sidewalks wall on Pleasant Street, smoothing up surfaces and making them more useable on the other two streets. It is estimated that the town's cost of these three sidewalks will be about $140. Mr. Rowse moved that the project be opened and limited to the comple.tion of these three jobs. Mr. Sarano seconded the motion and it was so voted. W.P.A. Mr. Raymond reported that Mr. Beach would a;so like Playground permission to open the playground project and complete It Project. with the exception of the ticket office and fence. The Chairman said that the work to be done now was the finishing of the drainage and surfacing. Mr. Potter moved that the project be opened for the completion of the drainage and surfacing work. Mr. Sarano seconded the motion and it was so voted. 1 n 1 1 299 Mr. Raymond said that he had a suggestion regarding traffic regulations. There are four flashing beacons in town and he believes three can be dispensed with. They cost $40. to $60. per year for maintenance and if' an automobile hits Flashing them, the expense is increased $30. or �40. more. He Beacons recommended the removal of beacons from the following junc- tions; Marrett and Follen Roads; Lowell and Woburn ,Streets; Bedford and North Hancock Streets. Mr. Howse moved that the beacons at the junction of Marrett and Follen Roads and at the junction of North Hancock Street and Bedford Street only be removed. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said there was a question on Contract A, Vine Brook. They are getting into different material than what was expected and while he believes that under the terms of the contract, we can require the contractor to use any metim d we say to safeguard the Town Office Building, he told the contractor that he could not use the same method that he is using in the rear of the building now. There is too much material going into the trench from the sides in back of the sheathing. Mr. Raymond wanted to know if the Board would approve of a change order in the event that the engineers decide it is best to require steel sheet piling. This might increase the cost $1,000. to 41,200. He said that the Town might have to stand a substantial portion of that cost. The Chairman said that there was no question but that everything possible should be done to safeguard this building. Mr. Locke asked if this was not up to the contractor and if the Town could not force him to do it our way, and Mr. Raymond said he believed that the Town could. He said, however, that the contractor was handling the job very nicely and that the town was getting a good job at a very reasonable cost. Mr. Rowse moved that Mr. Raymond proceed with the different method if the engineers see fit. Mr. Potter seconded the motion and it was so voted. Vine Brook Project. Mr. Raymond said that Supt. Marshall of the Cemetery Department said that he wanted to get the stumps removed from the cemetery before May 15th. He said there was about Work at 800. left in the Storm Emergency account and there was about Cemeteries 2000. more worth of work to be done. He said the Cemetery Commissioners take the position that they were assured that the stumps would be removed. Mr. Garrity's estimate for doing the whole job is $150. Mr. Rowse moved that the work be done by the Park Department, the expense not to exceed $175.00 to be charged to the Storm Emergency appropriation. Mr. Sarano seconded the motion and it was so voted. Mr. Raymond said he thought it would be better to Sign - paint "Not a Through Street" on the pavement on Robbins Road Robbins at the junction of Locust Avenue rather than erecting a sign. Rd. The Board told him to do what he saw fit in the matter. 1300 Weston Street. Letter was received from J. Willard Hayden to the effect that the condition of Weston Street was very bad and requesting that some. work be done on it. Mr. Raymond said that they had maintained the street in the same ,manner in which they maintain other gravel roads. He said that Weston Street was never intended to carry the traffic that is trying to get over it now. They put the grader in there and filled in the holes some time ago and he said they were maintaining the street as well as possible with the funds available. He said they could give it a coat of light oil which would help the street materially, but he did not know horn much this would cost. It was decided to request him to submit an estimate of the cost for the next meeting. The Chairman said that the Liberty Mutual Insurance Co. would like to discuss the matter of mutual insurance for Insurance. the town of Lexington. He asked if the Board wished to dis- cuss the subject. It was the feeling of all of the members that there might be a considerable saving to the town if the fire insurance was placed with mutual companies. It was decided, however, to take no action on the matter now but to have Mr. Raymond report on the cost of placing policies with mutual companies as they expire. License. Mr. Potter moved that a Public Carriage License be granted to James T. McGann of 156 Woburn Street. Mr. Locke seconded the motion and it was so voted. The Chairman said that the V.F.W. had asked if the Carnival. Board would grant them a license to hold a carnival the week of July 4th on the property adjacent to Countryside. Mr. Potter moved that the Board grant such a license upon formal application. Mr. Rowse seconded the motion and it was so voted. Welfare Messrs. Mitchell and Morse appeared before the Board relative to Welfare matters. Report of the Board of Retirement for the month of Report. April was received. The Board decided to begin the bi-monthly meetings in Meetings June, beginning with June 5th. The Board also voted to start working with the skeleton crew in June. The meeting adjourned at 11:30 P.M. A true record, Attest: Clerk. 1 1 1