Loading...
HomeMy WebLinkAbout1939-09-18432 SELECTMEN IS MEETING SEPT. 18, 1939. A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building, at 7:30 P.M. Chairman Giroux, Messrs. Rowse, Sarano and Locke were present. The Clerk was also present. At '7:30 P.M. the Town Treasurer appeared before the Board and bids were opened on a loan in the sum of 423,000 for the refunding of the storm emergency loan. The f511ow- ing bids were received: Lexington Trust Co. 100.29 - 1 3/4% Loan. Estabrook & Co. 100.119 - 26 R. L. Day 100.159 - 1 3/4e Second National Bank 100.264 - 1 3/4% First Boston Corp. 100.30 - 20 Tyler & Company 100.25 - 2% Perrin, lest & Winslow 100.54 - 1 3/4 0 Mr. Rowse moved that the bid of the highest bidder be accepted. Mr. Locke seconded.the motion and it was so voted. Copy of letter addressed to the Town Treasurer from ' the Lexington Trust Co. was received as follows: n Sept. 13, 1939. Mr. James J. Carroll Town Treasurer Lexington, Mass. Loan. Dear Mr. Carroll: This will confirm our purchase from you at .53% dis- count, Town of Lexington Anticipation Revenue notes -in the amount of 01000000. These notes are to be issued in denominations of y25,000. each and are to be delivered to us on or before October 5, 1939. We understand you will have them dated either October 4, or October 5, 1939, and will be made to mature on October 4, 1940. Yours very truly, t/ Clarence a. balker Treasur er " Mr. Locke moved that the bid of the Lexingtort,,,Trust Company at the rate of .53o discount on a loan in th6 sum of 61OOPOOO. in anticipation of revenue, be accepted. Mr. Saran o seconded the motion and it was so voted. ' Mr. John Lamont appeared before the Board. He stated ' that Mr. Casey of Laconia Street had asked him to request the Board to reconsider his application to keep pigs. Mr. Lamont said that Casey had complied with all the health Casey pig requirements and he recommended that the permit be granted. permit. The pigs would be kept 150 feet from where they were before. Casey would like to keep 50 pigs. The Chairman suggested that Mr. Potter and Mr. Sarano look the place over and that the matter be discussed again next week. Mr. Rowse said he thought it would be to the advantage to the Town not to grant another license to keep pigs. Mr. Raymond appeared before the Board. He stated that the Stockbridge Alumni would like the Board to consider whether or not it would reduce the charge for the use of Cary Hall for a banquet and dance. The charge was $40. in 1938 and 1937 and $25.00 in 1936. Mfr. Raymond said he told the inquirer that he thought the Board might make a change but he would not recommend it, as that type of use was the most expensive we have. He said that most of the people who attended this affair came from within a radius of thirty miles. Mr. Rowse moved that no action be taken on the request. Mr. Locke seconded the motion and it was so voted., Raymond reported that the Chamber of Commerce had ' requested the use of the conference room on Sept. 21, Sept. 28 and Oct. 5 for meetings. Kv. Sarano moved that the use of the room be granted if there is no conflict on dates, free of charge. Mr. Rowse seconded the motion and it was so voted. Mr. Raymond reported that the Chamber of Commerce would like the use of Estabrook Hall on Sept. 26th from 7:30 to 10:00 P. M. for a meeting. Mr. Rowse moved that the use of the hall be granted free of charge. Mr. Sarano seconded the motion and it was so voted. Mr. Raymond reported that the Legion Auxiliary re- quested the use of Cary Hall on November 3rd for a bridge party. An admission of $.50 is to be charged. They have been granted onefree use a year in the past and this will be their free use. Mr. Locke moved that the use of the hall be granted free of charge. Mr. Rowse seconded the motion and it was so voted. Letter was received from Hannah M. Balmer of 7 Sheridan Street, claiming that her house had been damaged as a result of work being done on the Vine Brook project. Mr. Raymond suggested that this matter be taken up with the Town Counsel and then with the contractor, and if necessary that the amount of this claim be deducted from payments to him. Mr. Rowse moved that the matter be referred to the Town ' Counsel. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said that he would also like to talk to the Town Counsel and see how much money should be held back Use of Hall. Balmer claim. 434 Legal from'the contractor for the Barnes claim. The Chairman matters. suggested'that Mr. Raymond be given permission to discuss ' any of these matters with the Town Counsel and the Board agreed with him. Letter was received from the Town Counsel advising that he had conferred with Mr. Eddy regarding the con- sequences of delay on the Roufid's contract. It was Mr. Eddy's understanding of his talk with New York that the Federal Works Agency was concerned only with the enforce- ment of the liquidated damages provisions and that our ability to collect on the contractor's bond from the surety company Rounds any amount of liquidated damages which cannot be collected contract. out of the 10 deductions, would satisfy the Federal huthop- ities. Mr. rdrightington advised Mr. Russell to pay Rounds the August estimate of Metcalf & Eddy with the deductions for liquidated damages to date. Mr. Vlri g1itington further stated that (1) he had examined Contract 4 and P.W.A. Forms #230 and E100. He saw nothing in these documents which dealt with any of the matters the Board inquired about or which set forth the regulati6ns, which Mr. Street claimed would cause the P.W.A. in its payments to the Town to assume that it had deducted the liquidated damages or that forbade them to make Federal payments after the completion date of the contract. The New York office sent Mr. Wrightington a telegram and. en- couraged Mr. Eddy to believe that substantial completion would be accepted in place of absolute completion and in any , event an extension of time would probably be granted if applied for. Such extension should be for completion of the entire contract and not merely an extension for Rounds, which because of his previous record, they might be less inclined to grant. It is the intention merely to ask for an extension with respect to the entire completion date of the contract so there need be no argument with the Federal authorities about final installments of their grant. (2) Mr. `Urightington was unable to find any positive regulation, such as Mr. Street asserted existed, that the Town would be treated as though liquidated damages had been collected. iy1r. Eddy's understanding of his telephone talk with New York is that our right to collect from Rounds' surety will be sufficient. Mr. Wrightington believes that we can enforce against the surety on a construction bond any unpaid balance of liquidated damages for delay which we are unable otherwise to collect from Rounds. (3) Mr. Wrightington said he thought the liquidated damages would not exceed $1300. or $1400. He said it was believed that the $20000.00 which would be included in the 10% deduction, together with our right 'to hold back from the Sept. estimate any other amounts due the sub -contractors, would be sufficient without resort to the bond. Mr. Locke moved that the Chairman be authorized to write a letter to Col. Gilmore requesting an extension of time from Oct. 2'9 to Oct. 28th. Mr. Rowse seconded the fin motion and it was so voted. ' The Chairman asked Mr. Raymond what he estimated Rounds! penalty would be by Oct. 2nd, and Mr. Raymond said he thought it would be 9"2.,000. Mr. Raymond said that in April a guard rail on Lowell Street was damaged by Mr. Leonard G. Russell who filed a claim for damages in the amount of w29.35 against the town. Russell A claim has been paid by the insurance company for another" claim truck which was involved in the accident, although no mebtion of the other truck was included in the police report. Mr. Wrightington said that a small claims suit was started by the town against Russell. Mr. Wrightington checked with the Standard Accident Co. who said that they had personal injury but no property damage insurance and were not interested in the town's claim. Mr. Wright- ington said that he was sending the information in case the Traveller's Insurance Co. marked up a small claim case in Cambridge for trial. Mr. Raymond said he thought some- one ought to take the matter up with Mr. WriSttington and ask him what he recommended doing in the case. Mr. Locke moved that the matter be left with Mr. Raymond to handle after consulting with Mr. Wrightington. Mr. Rowse seconded the motion and it was so voted. Petition was received from ten residents of Bowker Street requesting that a schedule of estimated betterments Bowker be prepared for the construction of that street. Mr. Street Sarano moved that Mr. Raymond be instructed to have a survey made and estimates prepared. Mr. Locke seconded the motion and it was so voted. Petition was received from nine residents of Butler Ave. re que s tiny; that a schedule of estimated betterments Butler for the construction of that street be prepared. Mr. Rowse Avenue ' moved that Mr. Raymond be instructed to have a survey made and estimates prepared. Mr. Locke seconded the motion and it was so voted. Letter was received from Metcalf & Eddy with refer- ence to contract 5, No. Lexington Sewer project, on which Hall Ralph P. Hall Inc. is the contractor. They recommended contract the issuance of a change order authorizing as extra work the laying of 49.6 feet of 14 inch steel pipe force main, together with the necessary fittings and a connection to the discharge piping which is included in this contract at the pumping station; the extra work to include excava- tion, backfilling, the laying and jointing of the pipe, and doing all of the work which is necessary for the satisfactory completion of the connecting of the present end of the force main to the discharge piping. Mr. Raymond said he approved of it. Mr. Locke moved that the Selectmen approve the change order. Mr. Rowse seconded the motion and it was so voted. Petition was received from ten residents of Bowker Street requesting that a schedule of estimated betterments Bowker be prepared for the construction of that street. Mr. Street Sarano moved that Mr. Raymond be instructed to have a survey made and estimates prepared. Mr. Locke seconded the motion and it was so voted. Petition was received from nine residents of Butler Ave. re que s tiny; that a schedule of estimated betterments Butler for the construction of that street be prepared. Mr. Rowse Avenue ' moved that Mr. Raymond be instructed to have a survey made and estimates prepared. Mr. Locke seconded the motion and it was so voted. 436 Letter was received from Roger W. Brown of 36 Outlook Drive stating that there was a drainage problem at the ' junction of that street and Downing Road which might easily become a health menace. Mr. Brown said that there Vere two catch basins, one at the curb in front of 36 Out- look Drive on the west side and the other on the east side at the head of Downing Road. These basins are connected to a drain which runs through Brown's lot underground and comes out on the surface near his garage. The drain is plugged up or broken sanewhere so that the drain does not carry the water away and the road is flooded to a depth of as much as two feet in case of rain. btr. Brown asked if something might be done on the matter. Both Downing Road and Outlook Drive are unaccepted streets. Mr. Raymond said he believed that the Board, if it so finds, could declare a health menace there and order somebody to abate it. However, he did not know whom it was up to to abate it and he thought that the Town Counsel should say who was responsible. Mr. Paxton saw some of the people there and suggested that they employ some of the Town workmen and clean out the drain under his super. vision, but the people did not wish to spend hny money. The Chairman suggested that Mr. Raymond talk to Mr. Brown about it. Mr. Sarano said that he would go over with Mr. Raymond to see Mr. Brown. Brook on Franceschel-Grapevine Letter was received from Mrs. William Kenney of 34 Ave. , requesting that the brook which runs through li land. her f atherts property (Guy Franceschelli) be cleaned out in order that they might farm the land. Mr. Raymond said that the W.P.A. project for the improvement of the south branch of Vine Brook would take care of the matter. He said that he would answer the letter. Petition was received from the New England Tel. & Pole Tel. Co. and the Boston Edison Co. for permission to attach location. wires to the first pole located on Reed Street. Mr. Rowse moved that the permit be granted. Ltr. Sarano seconded the motion and it was so voted. Letter from Frank C. Friend to the Building In. Old Paint spector was referred to the Selectmen. Mr. Friend said Shop. that he would agree to start tearing down the old paint shop on Mass. Ave. opposite Oak Street, as soon as the Jewish holidays were over. Letter was received from the Town Counsel calling attention to Chapter 480 of the Acts of 1939 relative to the letting of contracts. He said that✓ in actual practice, Chap. 480. it did not change the procedure we had previously adopted, but it did impose legal requirements such as awarding to the lowest bidder which we have never been subject to , before. The Clerk was instructed to try to get some extra copies for the Board and Mr. Raymond. 437 The Chairman said that Nor. Raymond had had some trouble with a private contractor excavating under a ' public sidewalk without a permit. Mr. Rowse moved that Excavating the Police Department be instructed to check up on ex- streets - cavations in streets and sidewalks by private contractors permit. or individuals to determine whether or not a permit had been issued for such opening and if not, that work be stopped immediately. Mr. Sarano seconded the motion and it was so voted. Board of Health charge in the amount of $54.90 against Abate - the State Dept. of Public Welfare for the care of Ruth L. ment. Wentzell., was abated. Application for an overhanging sign license at 1760 Russ. Ave. was received from Frank H. Ready. Mr. Locke moved that the license be granted subject to the approval License of the Building Inspector. Mr. Sarano seconded the motion and it was so voted. Letter was received from Mr. W. E. McCarron of East Lexington who is a special agent with the Employers' Fire Insurance Co. Mr. McCarron said that his firm's present line on the town's schedule amounted to only 10,000. He requested that he be favored with some policies when they expired. It was decided to place his name on file for considdration when insurance is to be placed in the future. Letter was received from Dr. Rochette stating that on Sept. 13th, the Building Inspector and he visited the Lexington Inn which is now being occupied by Mrs. Sally White, to whom the Board approved the State's issuing a license to maintain a home for the aged. Dr. Rochette said that the Home was shabby -looking on the outside and that there wax a marked lack of order on the inside. The toilet facilities downstairs are not adequate or properly ventilated. He said that although the poor appearance might have been due to having moved in only a week previous- ly, the place --still was a poor surrounding for patients. He said that there were twenty odd patients there and they appeared to be a group of chronically ill persons. At 9:30 A.M. only five were up and dressed. All of half of them were senile and at least six of them were mentally ill. Three were blind and the majority of them seemed bed -ridden. Dr. Rochette said that it was his opinion that thio class of patient constituted more of a chron- ically inform than a rest group. Letter was received from the Building Inspector, who stated that on Sept. 13th he and Dr. Rochette found Mrs. White caring for twenty aged persons. She employs two registered nurses and five practical nurses and in the ' Building Inspector's opinion, Mrs. White is running a san- atorium in violation of the town's zoning by-law. The Clerk was instructed to send Mr. Wrightington copies of the reports and ask -f or advice as to the proper procedure to be taken. Insurance White - Home for the Aged. 438 Letter was received from Chief Sullivan calling the Board's attention to outstanding police work performed by Work of Sergeant Francis T. Neal. The Chief said that by his per - , Sergeant serverance and untiring efforts, Neal uncovered thousands Neal of dollars worth of stolen property taken From Boston's commended. three largest department stores. Chief Sullivan recommended three days' vacation with pay for Sergeant Neal. Mr. Sarano moved'that' the Chief's recommendation be approved. Mr. Rowse seconded the motion, and it was so voted. Tax title Letter was received from Jesse Ferriera offering the property. sum of $50. for lots 27 and 288. section 1, Farmhurst. It was decided to hold the matter over for one week and to get Mr. Potter's recommendation on the matter. Mitchell - Mr. Sarano moved that Mr. Mitchell's vacation "be ex - vacation. tended to Oct. 16th, 1939, with pay. Mr. Rowse seconded the motion and it was so voted. Garbage The Clerk was instructed to have the three low bidders contract. on the garbage contract come in at the next meeting. Mr. Morse appeared before the Board relative to wel- Welfare. fare matters. The meeting adjourned at 11:30 P.M. A true record, Attest: I Clerk. 1