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HomeMy WebLinkAbout1939-11-06FJMQ_ Insurance. SELECTMEN'S MEETING NOV. 6th, 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. Potter, Rowse, Locke and Sarano were present. The Clerk was also present. Mr. Raymond appeared before the Board. He stated that Miss Hannaford had sent him a lot of information re- garding insurance, particularly compensation insurance, and requested him to forward it to the Board of Selectmen. The Chairman suggested that Mr. Raymond acknowledge it and tell Miss Hannaford that the matter would be referred to the Appropriation Committee. Mr. Rowse suggested that the matter be placed on file until the Workmen's Compensation policy comes up for renewal. He then moved that Mr. Ray- mond be requested to get a report on the standing of the American Mutual and the American Policy Holders' companies from Mr. Hill. Mr. Locke seconded the motion and it was so voted. A letter was received from Metcalf & Eddy stating that they had given thoughtful consideration to the questions raised by Mr. Rounds in his letter to the Board of Oct. 30th, in which he described difficulties which he had en- countered and stating that he believed no liquidated damages should be assessed against him. The letter said that in their opinion, no extension of time or waiving of liquidated damages was justified on the grounds given in said letter. They believed that an extension of time to Sept. 16th was justified and adequate. Letter was received from Mr. Rounds requesting an interview with the Board and Mr. Eddy regarding liquidated damages. The Chairman read Mr. Wrightington's letter of Sept. 7th in which he advised withholding liquidated damages. Mr. Raymond read the paragraph on "Liquidated Damages on Account of Delay" in the contract, and the Chairman read Metcalf & Eddy's letter of last week on the same subject. The Chairman said he did not see the point in writing a contract if the Board was going to take it onto itself to break that contract. He asked Mr. Raymond if there was any question on the Board's ability to collect the li uidated damages. Mr. Raymond said that we could collect J25. per day, but if we could not prove the damage and Rounds entered suit he might get a judgment. Mr. Eddy said that there was 1300. damage to the Town because of delay. Mr. Sarano moved that Mr. Eddy be requested to furnish a detailed statement showing how the sum of $1300. is com- puted, just as soon as it is determined. Mr. Rowse seconded the motion and it was so voted. Mr. Sarano moved that the Town assess liquidated damages against Mr. Rounds according to the actual cost to D I U 1 1 1 1 the Town caused by his delay. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said he went down to talk to Harold B. Needham and he still insists that water comes off Fern Street and Independence Road onto his property causing damage, be- cause of certain acts of Town employees. Mr. Raymond wrote a letter to Mr. Wrightington and said he thought Needham's claim was based on water coming off of the street and that he had written many letters to the Board and at no time had a year elapsed between them. He asked Mr. Wrightington to tell him whether or not the Board was liable and also to give his advice as to what he would recommend be done to take care of the matter, so as to settle it without suit if possible, and without expending Town funds on a private way where we do not have the authority. Mr. Raymond read Mr. Wrightingtonts reply recommending that the part of Fern Street which was supposed to have been accepted be now formally accepted at the width it is worked. He said he realized that this was narrower than the streets ordinarily being accepted but in view of the possibility of litigation over it, he thought it best to accept the street and make a taking of the easement in the ordinary way as the street has been in use so long if the taking is no wider than the present ex- isting way, he did not see how the Town could be subjected to damages for the taking. Mr. Raymond said that if the Town was going to accept the street, we should have a new survey made vhich would cost a couple of hundred dollars and an attempt should be made to get some more land. The street in some places is only twenty-five feet wide, and he thought we should have at least forty feet. Mr. Rowse said he would like to have an opportunity to talk to Mr. Needham on the matter, so it was decided to hold the matter over for two weeks. Letter was received from Metcalf & Eddy recommending the issuance of a change order on the Rounds contract. The work order authorized the construction changes necessary because of the use of a comminutor rather than a triturator and the furnishing and placing of screened gravel in loca- tions described in the order. Mr. Locke moved that the extra work order he authorized and signed. Mr. Potter seconded the motion and it was so voted. Fern Street. Change Order. Mr. Raymond reported that the Lexington and Bedford District Committee of Boy Scouts had requested the use of Use of Cary Hall on March 29, 1940, for a meeting. Mr. Rowse Hall. moved that the use of the hall on that evening be granted ✓tree of charge. Mr. Potter seconded the motion and it was so voted. Mr. Raymond reported that the Lafayette Club had re- quested the use of Estabrook Hall on Nov. 21st for a mihstrel show. Mr. Rowse moved that the use of the hall be granted Subject to a fee of $5.00. Mr. Locke seconded the motion and it was so voted. Mr. Raymond reported that Mr. Garrity had asked him to see if the Board would approve an expenditure of about $70. out of Public Works Labor and Materials to pay iFootball for galvanized pipe required for football goal posts at goal posts. the center playground and the erection of them at this time. Mr. Garrity believes they should be put in now. Mr. Potter moved that the purchase of the pipe for the goal posts be approved at an expense of approximately $70., this to be charged to the Public Works Labor and Materials appropriation. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said that he had gone over the proposed change in the insurance schedule with Mr. Willard C. Hill and they had agreed to recommend to the Board that the Insurance. North Lexington Sewer Pumping Station with its equipment be added to the schedule and $24,000. be taken out as the insurance on that. This is 90% of the contract price for the pumping station and equipment. The Barnes house is now outside the schedule but will be included in it and the Old Adams School will be excluded. Our rate of insurance will be less on account of the inclusion of the pumping station and the Barnes house. There is 412,000. additional insurance to be placed when we take title to the pumping station. Mr. Potter moved that the pumping station and its equipment and the Barnes house be included in the fire insurance schedule and the Old Adams School building ex - eluded and that the additional 12,000. insurance be placed with Elmer A. Lord & Co. through Mr. Willard C. Hill. Mr. Sarano seconded the motion and it was so voted. Mr. Raymond read a letter from R. L. Ryder requesting the extension of a water main in Sherburne Road from the Water present end to Winthrop Road extension and in Winthrop extensions. Road from the end of the extended portion to Waltham Street. Pair. Raymond said it would cost about $690.00 for the ex- tension in Sherburne Road to a lot which Ryder has sold and $2200. for the whole length of the street, plus $4500. additional for 'ldinthrop Road. Mr. Raymond suggested that Ryder be advised that when the new house on Lot #62 is well under way and it is evident,that the owner is going to need water, the Board will be pleased to order the main in§talled to take care of the house. Mr. Rowse moved that Mr. Raymondls recommendation be approved. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said that he had looked at the map to see about parking in the rear of Ready's store and apparently the land belongs to the Hunt Estate and not Mrs. Blake. There is one house on the westerly end of the lot and a Parking. fence goes across the rear of it. He thought that 25 cars could be parked between the fence and the street, but they would interfere with delivery trucks getting into the stores. He looked over the map having in mind using some 1 1 1 10 Blake land near Muzzey Street. There is a lot there that ' would accommodate quite a number of cars going in alongside the Earle property. It might be possible to park 60 cars there now although there would have to be quite a lot of work done on the property. He did not believe the Town would want to use it for a parking space unless it could get the Earle property. There then could be a separate entrance and exit and about 100 cars could be parked there. It would cost $500. to $600. to put in a surface and then there would be a drainage problem and probably a nuisance problemMr. Raymond thought it might be a good idea to place eig* or ten signs along Mass. Ave. between Merriam Street and the Post Office reading "Public Parking Rear of Town Office Building" with an arrow, to see if the people could be educated to use the parking space in the rear of this building. The Chairman suggested that a strong; light be erected in the parking area and then people might park there more. The Board requested Mr. Raymond to look into the cheapest way of lighting the parking area in the rear of the building and report. Mr. Raymond presented a W.P.A. project for the con. trol of the Brown Tail Moth. This project calls for W.P.A. $17000. of Federal funds and $5800. of Town funds. Mr. project. Potter moved that the project be approved and the Chairman ' authorized to sign the application. Mr. Sarano seconded the motion and it was so voted. Frank Ready appeared before the Board. He said he was here on behalf of his aunt, Julia McCaffrey, to dis- cuss the water pipe running through her land on Parker Street to the Center Playground. Ready said that Miss McCaffrey was asking to have the pipe removed because she cannot get anyone to purchase the lot with the pipe running through it. He said she purchased the land in 1924 with the idea of building a two family house there. Shortly after the purchase, the Zoning Law prohibiting two family houses on Parker Street was enacted. The lot has a frontage of McCaffrey 75 feet and contains almost 151,000 square feet. She paid land. $1790.72 for it and has paid taxes since 1924 in the amount of $921.26. He said the Town had enjoyed a privilege since his aunt had owned the land. VLen she purchased it, there was an agreement that the pipe would be removed,any timb the owners,heirs or assigns wished to have it removed, or the owner could remove it and charge the expense to the Town of Lexington. Ready said that the town could take the land by Eminent Domain or could take an easement through it. He asked if there was any way whereby an understanding could be reached so that Miss McCaffrey could sell her ' land. Mr. Potter asked why the pipe going through the land should spoil a sale. Ready said that if there were two lots on Parker Street for sale andone had a pipe line going through it and the other did not, he doubted if any one 496 cl would hestitate about buying the lot without the pipe line. He said that his aunt had an offer for the land, , but the person said he would not be interested with the pipe in there. The lot is assessed for 01800.00. He said he did not"want the Town to take it by Eminent Domain. Mr. Rowse asked what Ready wanted the Town to do and he said he would be satisfied if the Town could cut off the pipe and ceased using it. He retired. It was decided to hold the matter over for two weeks. Letter was received from Marion F. Brown owning Ramp - property at 4 Stetson Street, requesting permission to build Brown a ramp approximately twenty feet in width at her driveway. property. Miss Brown said she was moving into her new home on Friday, Nov. 10th. Mr. Raymond said that he approved if the permit included the stipulation that the ramps were to be removed without cost to the town upon 60 days' notice from the Board of Selectmen and the ramps constructed subject to the approval of the Supt. of Public Works. Mr. Rowse said that Stetson Street was quite dangerous in icy weather and he wondered if this ramp might not add a hazard. He felt that he would like to look over the situation before deciding on the matter and the othermembers felt the same way. Mr. Rowse moved that the matter be held over for two weeks. Mr. Sarano seconded the motion and it was so voted.. Mr. Raymond said that the State had notified that it ' Snow was going to pay one-half the cost of snow removal on Removal. Route 2A from Maple Street to Mass. Ave., a distance of .20 miles. He said that the Town always plows this piece anyway so it was not necessary to take any action on the matter. Letter was received from John J. Burtch of Lowell Street statim that he had secured a release on parcel "A" from the Middlesex Savings & Loan Assoc. and wished to have the Town send him a release in order that the award of 0300. might be paid him. Mr. Raymond said that the re- lease had already been sent Burtch and payment would be made when the release had been returned. Letter was received from Sarah E. Mabey of 119 Grant Street relative to the Vine Brook project. She requested that a bridge be put in on her property so as to get over Mabey to the adjoining land. Another letter was received from claim. Sarah E. Mabey stating that the Town had cut down five fruit trees for which she claimed reimbursement in the amount of 0300.00. Mr. Raymond said that the claim for the bridge might be bothersome. He thought it was in order to have the Engineers get a price from the contractor for putting in a bridge and to then offer, if it is a reasonable figure and there is money enough, to put the bridge in if the Mabeys will grant a right of way over their land across the bridge to Grant Street. Mr. Rowse moved that the Engineers be requested to get a price from the contractor for the bridge. Mr. Potter seconded the motion and it was so voted. Mr. Raymond said he would investigate and report on the claim for the trees. Mr. Raymond said he had written Mr. V'Vrightington regarding the Colonial Garage claims. Mr. Wrightington did not believe that the claim for the temporary taking should be settled until we knew what Viano was going to claim for the permanent taking. Mr. Potter moved that Mr. Raymond so advise N. B. Bidwell, Vianots attorney. Mr. Locke seconded the motion and it was so voted. Mr. Raymond said he wrote Mr. Wrightington about the Leary claim and he suggested that we tell Ryder, Leary's attorney, that the offer of settlement is excessive and ask them if they think that they could arrive at a lower figure. Mr. Locke moved that Mr. Raymond so advise Ryder. Mr. Potter seconded the motion and it was so voted. Colonial Garage claim. Leary claim Letter was received from John J. and Richard McCormack of 67 Grant --Street, to which was attached an estimate from Custance Bros. in the amount of :165.41 for repairing McCormack damages to their house caused by blasting on the Vine claim Brook project. Mr. Raymond said he would have an invest- ' igation made and would acknowledge the letter. Letter was received from the Appropriation Committee advising that it had voted to disapprove the purchase of a Accounts - tractor at a cost of approximately X1900. and to recommend Road an appropriation of $300.00 only for Road Machinery to Machinery cover the cost of one sand spreader. The Appropriation Committee felt that one new sand spreader should be sufficient and that the situation was not sufficiently urgent to warrant investment in a new tractor. Letter was received from the Appropriation Committee relative to the Board's recommendation of a transfer from Snow the Reserve Fund for Snow Removal. The Appropriation Removal Committee voted to authorize a transfer not in excess of $1,000. from the Reserve Fund to the Snow Removal Account. Letter was received from the Appropriation Committee Water Car. advising that it had voted to recommend the appropriation Sundry and transfer of $1,000.00 for Fater Construction, Sundry Streets. Streets. Letter was received from the ApproRriation Committee advising that it approved a transfer of .5,000, from the Welfare Reserve Fund to the Public Welfare, Aid and Expenses account. Letter was received from the Appropriation Committee Wgts. & advising that it had approved a transfer of $68.80 from the Measures Reserve Fund to the Weights and Measures account. Police matters. Speed limits Chief Sullivan and Sergeants Russell, Neal and Rycroft appeared before the Board to discuss police matters. Report of the Planning Board relative to traffic problems was received. The Planning Board recommended a maximum speed of thirty miles per hour through the town in general and a maximum speed not to exceed twenty miles per hour through the business district. On any through way such as the Concord Pike, any ruling for the rest of the town should not apply. They recommended suitable signs at each entrance to Lexington advising of the speed limit and stating that `it would be enforced. Mr. Saran moved that the report be referred to the Chief of Police for study and recommendation. Mr. Locke seconded the motion and it was so voted. Frank Canessa appeared before the Board and stated Canesaa re that he had a small truck which is not big enough for work for his junk business. It broke down a short while ago, and truck. he wanted to know if he purchased a larger truck, the Board would allow him to use it one day per week on W.P.A. He said he wanted to drive the truck himself and would not charge anything for his services. No action was taken on the matter. The Chairman brought up the matter of the Clerk working more than eight hours in ten on the days of Clerk - Selectmen's Meetings, because of the Wages and Hours Law. hours. There was some question as to whether she would come under the provisions of this law, and just what the Law was. The Clerk was therefor instructed to write the Town Counsel for his opinion on the matter. Copy of a letter addressed to Mr. Raymond from Elmer A. Lord & Co. was received. Mr. Hill said he had Insurance. examined the list of companies and amounts covering fire insurance for the Town of Lexington, and as far as he could see, there were no companies on the list that should be criticised. A second letter was received from E. Elizabeth Holton requesting renewal of fire insurance expiring on Dec. 5th. Insurance. Mr. Rowse moved that the policy in the sum of $30,000. expiring on that date through the Pennsylvania Fire Ins. Co. be renewed through the office of Mrs. Holton. Mr. Sarano seconded the motion and it was so voted. Letter was received from the War Department advising that the First Corp.-Area"hiLa'been allotted'-�a quota of 3,_000 recruits to be procured within the New England area by n 1 1 51 f f or December 1st, 1939. The Department requested the assistance of the Board in bringing to the attention of anyone who might be interested, the fact that there are vacancies Army in the Army. They suggested that there might be persons recruits. on the welfare rolls who might wish to join. The Clerk was requested to refer the matter to Mr. Morse and Mr. Beach for their attention. Letter was received from the Stanley '11ill Post, inviting the Selectmen and their wives to attend the annual dinner on Nov. 11th at 6:30 P.M. in Cary Hall. The Clerk was requested to acknowledge the invitation advise that the Chairman would attend. A.L., Invitation and Petition for permission to allow the Boston Edison Co. and the New England Tel. & Tel. Co. to maintain a joint- Pole owned pole on the Cambridge -Concord Turnpike approximately location 900 feet west of Spring Street, was received. Mr. Rowse moved that the location be approved. Mr. Locke seconded the motion and it was so voted. Letter was received from Reynolds Real Estate Co. advising that they had an offer of $1100. cash for the land on the easterly side of Waltham Street adjoining Vine Brook vjhich is owned by the Toym. Mr. Potter moved that the offer be refused inasmuch as the Town has already had a higher offer and that Reynolds be advised that the Board would accept $2,000. for the lots. Mr. Sarano seconded the motion and it was so voted. Commitment of Water Miscellaneous Charges in the amount of 656.46 and commitment of Water Liens in the amount of 62.72 were signed. Mr. Morse appeared relative to Welfare matters. The meeting adjourned at 12:15 midnight. A true redord, Attest: Offer for Land. Commitment Welf are