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HomeMy WebLinkAbout1939-09-11 421 SELECTMEN'S MEETING SEPT. 11, 1939. A special meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, at 7:30 P.M. Chairman Giroux and Messrs . Potter, Rowse and Sarano were present. The Clerk was also present. Mr. Wright ington and Mr. Russell appeared before the Board. The Chairman said that they had been invited in to discuss the matter of holding back money on the A. P. Rounds ' contract because there seemed to be a dif- ference of opinion as to whether the town should withhold it or whether it legally could. This will affect our receipt of money from the P.W.A. , and we cannot afford to have any mistake. He said that in the contract it is stated that we can or shall hold back 10% of the contract to make certain that the contractor fulfills his obligations, because if he does not, the Town is liable . This contract utti nts to 20,853.00. That means that we should hold Rounds back about . 2080.00. Under the P.W.A. regulations, there contract is a fine of 025. 00 a day for the time the contractor takes beyond his contract date. The present estimate is that the penalty will run some 01700 . Under the reg- ulations, we should hold back that amount, as the Federal Govertrnent will consider that we have collected that money. Rounds is due to get through October 2nd, and from that time on we will get nothing from the government for work he does . Hail , the contractor on the equipment, has his work to do when Rounds has finished, and the delay will probably throw him off. Mr. Wrightington said that he had a talk with Mr. Eddy on the telephone last Monday, and then wrote a letter advising not holding back the money at this time, which was Eddy's desire. The contract specifies three kinds of things one can hold back and does not include liquidated damages for delay, although it should have been included. However, it may be a fair inference that we can deduct other things than the three things mentioned. We now have 10% held back, and Mr. Eddy says it will not be easy to hold back anything else. He felt confident that the 02,000. would take care of the liquidated damages. He was afraid that if Rounds did not get this money at this time he would not be able to pay his labor, and that would make a worse jam. On the basis of this , Mr. Wrightington wrote the letter which he did. Rounds might argue that this was not the kind of thing for which we could hold back money, and he might use that as an excuse to delay or stop work. For that reason, and Eddy's statement that he thought 10% would be sufficient, he advised paying the money. He thought there should have been a broader provision in "C" of the contract which would allow the town to deduct for 42$ tO any claim. He thought it was a doubtful question, but if the Board wanted to withhold payment, he would be glad to argue the thing in court. The Chairman suggested holding this warrant out and giving Mr . Wrightington a chance to go over the points discussed this evening with Mr. Eddy. He said that based on Round's record, he was afraid he would not pay his bills. The P.W.A. will deduct the amount of liquidated damages from their payments to us. Mr. Wrightington said that he wondered if that was the practice of the P.W.A. The other point to look into is the fact that we will get no money for any work that Rounds does after the time limit is up. It was finally voted that the warrant be signed on September 15th provided the Town Counsel approved of the payment of the money on or before that time . Mr. Russell said that there was another warrant 0190. for covering a bill of 0190.00 for material which Rounds pur- material chased in July, but for which he was not billed until withheld. August . Mr. Russell contends that Rounds should have paid the bill in August, but Mr. Raymond contends that Rounds has until September 20th to pay it . He read that part of the contract saying that materials must be paid for by the 20th of the month following the month in which they are delivered at the project. Mr. Wrightington said that he agreed with Mr. Russell that the bill should have been paid by August 20th. Mr. Rowse moved that the warrant be held up until Mr. Rounds has paid for the material. Mr. Sarano seconded the motion and it was so voted. Letter was received from the Town Counsel stating that in connection with the construction of the North Lexington Sewer the Town in addition to taking permanent sewer easements, took adjoining temporary easements for a term of two years for use during construction, and that in numerous cases the construction has been completed and Abandonment there is no longer any need of preserving this temporary of temp. easement. The Statute provides that if an officer of the leasehold Town notifies the Selectmen that in his opinion such interests. easement is no longer regired for public purposes, and if the Town by a 2/3 vote authorizes the abandonment of the easement and specifies the minimum amount to be paid for such abandonment, the Selectmen may for such amount or a larger amount declare said easement to be abandoned. The declaration must be recorded in the Registry of Deeds. Mr. Wrightington suggested that prior to the next town meeting the officer in charge of the sewer notify the Selectmen With respect to the abandonment of such leasehold interests as are no longer needed and that an article with respect to that abandonment be inserted in the warrant. Mr. Rowse moved that the letter be brought to Mr. Raymond's attention. Mr. Sarano seconded the motion, and it was so voted. 429 The Chairman said that the Board should consider the matter of refunding the -1.23,000. borrowed for Storm Emergency. He said that if the Board had any feeling that money rates were liable to increase, it might be wise to put that out Storm for bids now. In the event that the war ends the differ- Emergency once between money rates and any relapse we might have Loan. would not be of any material difference. Mr. Rowse moved that the Town Treasurer be requested to take bids on a loan in the amount of $23,000. for the refunding of the Storm Emergency loan, bids to be in writing, and the notes to be dated September 1, 1939, he to reserve the right to reject any or all bids. Mr. Sarano seconded the motion, and it was so voted. The Chairman asked if the Board wished to borrow ahead on anticipation of revenue loans because of the Loans uncertainty of money rates. The Board thought it was a good idea. Mr. Giroux said he would talk to Mr. Carroll on the matter. Mr. Fred Rice, Acting Supervisor of the State Welfare office in Medford, Mr. O 'Leary of the same office, Mr. Beach and Mr. Morse appeared before the Board. The Chairman told Mr. Rice that the Board would like him to give it some idea of what the town was faced with on account of the reorganization of the State Department of Public Welfare. Mr. Rice said that the State was divided into seven districts. The prihciple thing is the new eligibility card which must be filled in by the local office. The State is not going to investigate any more cases. There will be much more work on unsettled cases. Mr. Rice said that the records in the Lexington Welfare Department were the equal of any he had found anywhere. Only one other Mr. Fred office in this territory is comparable. The eligibility Rice re cards are presented to the local area officer for his Welfare. satisfaction, and he will not sign them unless all the information has been supplied. Mr. Rice said that there was something going into effect on January 1st relative to the office force, which must be on the merit system. He -said that an eligibility card was made up in the beginning and submitted to the Welfare Departments, and the various criticisms have been compiled now so that the forms will probably be out by the middle of October. Vital statistics will have to be verified now, as well as bank accounts, etc. At the present time the State is operating as though the cards were in vogue. He said that the State was going further into the matter of the children's resources on Old Age cases. The Chairman asked if he believed that it was possible to make children contribute where it was possible to do so, and Mr. Rice said that there were no proceedings to compel children to pay, but the attitude would be that if the children refused to aid, the State would not grant aid. A Board of seven referees is to be set up, and the applicant has the right of appeal; if refused then, he has recourse under the Dependent Children Act. It is the 430 cZ applicants job to prove that he is in need, not the State's job to prove that he is not. The State is going to have a budget for the guidance of this thing, beyond which it cannot go. Mr. Rice said that if the town had a reasonable budget, that would pre- vail, not the State's budget. Mr. Rowse asked how often the State would require a re-check on cases. Mr. O'Leary said he would be in town once a week to check our records. The Chairman asked if the Board could tell the Wel- fare Department to stay within the amount of money approp- riated, and Mr. Rice said that was impossible. The Chair- man asked if the Welfare Department personnel would have to be increased under the new set up, and Mr. Rice said that two full-time investigators would be needed, as a minimum. There also would have to be an office executive. The Chairman asked what other towns were doing about the rental situation. Mr. Rice said that spine cities had tried to set a maximum rental. The Chairman asked Mr. Rice if he would have any objection to having his remarks put in the local paper, and he said he would get a statement from the Couuaissioner on Wednesday which could be published. Mr. Rice said that the State 's attitude now was en- tirely different, and all aid granted would be based on need. If a person was dissatisfied and came to the Medford office, Mr. Rice would listen to him and would write down what he said and send it to the town, but he would not give any advice. This is an entirely new procedure. They retired. The Chairman said that he requested Messrs . Morse and Beach to study the matter of W.P.A. and Welfare to help meet this problem; perhaps it might bewell to combine the departments. Mr. Morse said that he and Mr. Beach had discussed the matter. They decided to have the State men come out and tell the Board of the changes the State is making. He said that when he learned of the new re girements, he did not know how it could be done with the present personnel . He thought that if Mr. Mitchell was going to be relieved, part of his compensation should be paid to another investi- gator. He asked the State man if there was anything to prevent one person from administering W.P.A. and Welfare at the same time. He replied that there was no rule to prevent it. Mr. Morse and Mr. Beach felt that the two departments could be combined. Mr. Beach said that it might be advantageous to con- solidate the two departments. He thought the women in the office would be capable of making investigations. The Chairman asked if there was anything in the W.P.A. regulations stating that the W.P.A. could not be consolidated with wel- fare, and he said that there was not. The Chairman asked if he believed that there was anything to be gained by 431 combining, and Mr. Beach said that the problems of W.P.A. were relief problems, so he did not know why it would not be a good idea. They retired. Mr. Rowse moved that Mr. Mitchell be granted two Mitchell weeks vacation beginning September 16, 1939, and that Mr. vacation Morse be appointed temporary acting Agent of Public Welfare and other relief agahcies of the Town of Lexington, begins Morse nig on September 16, 1939. Mr. Potter seconded the motion, appointment and it was so voted. Application for the admission of Henrietta F. Danforth 33, of 129 Shade Street, to the Middlesex County Senator- Danforth ium was received. Mr. Rowse moved that the application be to Mid. approved and signed. Mr. Sarano seconded the motion, and Co. San. it was so voted. Letter was received from Helen Burke of 314 Mass. Avenue, complaining of the Home for Aged People teeing Complaint operated at the Lexington Inn by Mrs. Sally White. She re Lex- said that the people seemed to be mentally retarded, and ington Inr certainly were a detriment to the neighborhood. Old men in shirtsleeves sit out omm the porch and wander about the yard. Also, she considered the place more as a hospital than a Home for the Aged. It was decided to request Mr. Longbottom and Dr. Rochette, Health Officer, to visit the place and submit a report. Notice was received from the Secretary of State that Edmund S. Childs , Jr. of 3 Adams Street, and others,had Childs applied for a certificate of incorporation under the name Cert. of of Automatic Music Association of New England, Inc . The character letter requested a certificate of bharacter. Mr. Rowse' moved that Mr. Childs ' character be approved and the certificate signed. Mr. Sarano seconded the motion, and it was so voted. The Chairman said that George Fuller had telephoned him and wanted to put in a good word for the character of Garbage Frank Dias, one of the bidders on the garbage contract. bids. The Chairman opened the bids, which were as follows? Manuel Silva, Lincoln, Mass. 66,000.00 per year Harold A. McAdoo, Waltham, Mass. 7,100.00 ,' " Frank Dias, Lexington, Mass. 15,875.00 three years Frank Bonano, Watertown, Mass . 13,900.00 " " Connors Bros . , Burlington, Mass. 5,200.00 per year Albert Bieren, Bedford, Mass. 6,300.00 " It was decided to hold the matter over for one week. The meeting adjourned at 11:00 P.M. A true record, Attest : Clerk.