Loading...
HomeMy WebLinkAbout1968-10-21-BOS-min 35 SELECTMEN'S MEETING October 21, 1968 A regular meeting of the Board of Selectmen was held in the Selectmen' s Room, Town Office Building, on Monday evening, October 21, 1968 at 7:30 P.M. Chairman Cole, Messrs. Cataldo, Mabee, Kenney and Greeley were present. Mr.Legro, Town Counsel, Mr. Burke, Superintendent of Public Works, Mr. McSweeney, Town Engineer, Mr. Wenham, Assistant Superintendent of Public Works, and Mrs. McCurdy, Executive Clerk, were also present. Mr. Legro informed the Board that he has the con- tract for the lease, with an option to purchase, the seven voting machines . He has revised it considerably to provide for the rental allowance, in the event that it is Voting exercised to buy some or all of the machines. Machines Upon motion duly made and seconded, it was voted to sign the contract with the Automatic Voting Machine Corpo- ration to lease, with the option to purchase, seven voting machines. Mr. Legro informed the Board that he has the contract between the Town and P. Gioioso & Sons, Inc. for the force main from the North Lexington Pumping Station to Hamilton Road. The Board has awarded the contract and it is in ac- ceptable form, except that the insurance certificates have Force not been received. Main Upon motion duly made and seconded, it was voted to Contract hold the contract between Lexington and P. Gioioso & Sons, Inc. until the certificates of insurance have been received. Mr. Legro skid that, late today, he received the con- tract for sidewalks. He reviewed it and noticed that the time for awarding the contract has almost expired. Mr. McSweeney said that it was just a question of your reviewing the certificate of Insurance. Mr. ',ogre said that he would have to review the whole contract. The corporate vote is incomplete; there is no reference in the contract itself to the street added by addendum; there is no provision for coverage of hired vehicles. How urgent is it? I prefer to have the contract corrected before the Board signs it. I will hold it, if Sidewalk you wish. Contract Mr. McSweeney said that he preferred to have it signed. Upon motion duly made and seconded, it was voted to sign the contract for sidewalk and retaining wall work for Middle Street and Tufts Road, awarded to Belli Brothers in the amount of $27,082.50. 36 The Chairman read a letter from the Town Celebrations U.N. Day Committee regarding observance of United Nations Day. The Board agreed to attend the exercises on the Green at 7:00 A.M. on U.N. Day, October 24, 1968. The Chairman read a letter from the Leage of Women Voters requesting permission to distribute non-partisan voter information in front of the Lexington Theatre on November 1, 1968 from 6:30 to 9:30 P.M. and also to park a vehicle with a top-mounted sign in Lexington Center on November 5, 1968. League of Upon motion duly made and seconded, it was voted to Women grant permission to the League of Women Voters to distri- Voters bute non-partisan voter information in front of the Lexington Theatre on November 1, 1968 from 6:30 P.M. to 9:30 P.M., with the stipulation that tables are not to be set up on the sidewalk and, also, to grant permission to park a vehicle with a top-mounted sign in Lexington Center on November 5, 1968. Upon motion duly made and seconded, it was voted to sign the Certificate of Incorporation for Kathryn M. Cert. of Rothermel, 36 Brandon Street, a letter from the Police Incorp. Department having been received stating that she was of good character and reputation. Upon motion duly made and seconded, it was voted to Minutes approve the Minutes of the Selectmen' s Meeting held on October 14, 1968. Mr. McSweeney said that bids were opened today for streets, drains and sidewalk work. J.J. Paonessa Com- any was low bidder at $91,202.25, Belli Brothers bid $97,230 and R. & J. Salvucci Corporation bid $101. 322. Add 12 percent to $91,202 and it would be $102,11. We Street have held $2376 in abeyance leaving a total of $99,770. Bid We have available funds of $95,000 and we are $4770 short. If we removed the sidewalks, it' s the only thing left to take out of the contract. We are only saving $1880 but there is a saving by building the sidewalks at the same time as the streets. The Chairman asked Mr. Legro if we could ask for a transfer? Mr. Legro said that the Appropriation Committee would not be happy about it - it is not an emergency. The Chairman said that it is an emergency that we could not foresee, the accelerated cost in construction. Mr. McSweeney said that he didn't think, by using three streets, that we would be short. The Chairman mentioned the 12 percent and asked if any part of that is debatable? 37 Mr. McSweeney said that the last six percent is de- batable, depending on how much design and inspection work was done by Whitman & Howard. The Chairman asked if we are in a position to haggle this with Whitman and Howard? Mr. McSweeney said that they are talking $3800 more. The Chairman asked how much he would ask for, as a transfer, to properly implement this? Mr. McSweeney replied, $7100. Mr. Greeley asked if we pay for the design of the street we are not building at this time? Mr. McSweeney said that the contract is based on four streets. Mr. Mabee asked if it would be better to supervise the responsibilities? Mr. McSweeney said that it is cutting a fine line - they have done the design. The Chairman said that we don't have the help to do this. Mr. McSweeney said that Whitman & Howard have done the design and the supervision should remain with them; the Town would find itself in the middle between the Contractor and Whitman and Howard. Mr. Cataldo asked if they deferred any portion of Hill- crest Avenue? We pay them for the design of Hillcrest Ave- nue when we build it. Mr. McSweeney said that we would be saving $2500. They might defer the compensation for that road; next year when we build it, they will get paid. It is completely de- signed now. I think they have done this in the past; it is a workable negotiation as far as we are concerned. The Chairman said that the Board is agreeable to sub- tract $7500 and ask for a transfer of $4600. Mr. McSweeney will figure out the exact figures and make the request of the Appropriation Committee tonight. He will cohtact Whit- man and Howard and discuss the matter. Mr. Greeley asked if it is feasible to make contracts with a fixed cost. The Federal Government always has a fixed cost. On a contract at six percent, it would be more reasonable to negotiate a fixed fee. / Mr. Legro said that Engineering could give a better answer; it is a question of practicality, the type of con- tract, multiple streets, sewers and sidewalks involved - to get some sort of preliminary estimate first on which to base a fee. The Town has always done it this way and, as far as I am concerned, it is impractical to do it any other way. How can you tell how much work is involved, either in design or supervision? 38 Mr. Greeley said that Whitman and Howard came in and, in effect, said that the charge for design and supervision would be 12 percent, whatever they estimated. It goes out to bid and the Contractor is asking for 20 percent more. 0 Mr. Legro said that the package is based on con- struction coat and construction cost is defined in the bid. This is a rare circumstance; everyone completely underestimated this and it brings about this sharp dif- ference; perhaps we could eliminate this some time. Mr. Greeley said that on several contracts, the design is based on the Consultant' s estimates as to what the cost is. Bids come in and we don't have the amount of money to do it. Mr. Legro said that we are approaching this with a little bit of knowledge. Are we bound to pay the whole difference? Mr. Greeley said that the fees we pay the Engineers are based on the file of the bids as awarded and, time after time, they have given us estimates which have been lower. The Town has to pay and it raises their fee. We lose time trying to get more money because they gave a low estimate. Mr. McSweeney said that we have had a tremendous in- crease all over since April. Mr. Greeley said that the swimming pool is less ex- pensive and they get their fee. Mr. Legro said that there is no question but what there are ways to limit it; we do it or our Architect' s contract is based on the preliminary cost of it. We have not had this situation until the last three months. Mr. MoSweeney said that he bad never run into a situation where the Consultants fees were lower than the contract bid. Mr. Greeley said that the contract with the Consultant should be based on some agreement. Mr. McSweeney said that their fee would be reduced if Whitman & Howard take six percent of their share of Hill- crest Avenue. He informed the Board that he wouldo up- stalks to the Appropriation Committee and ask for $5, 000. Upon motion duly made and seconded, it was voted to authorize Mr. McSweeney to request the Appropriation Com- mittee for a transfer of $5,000 to the Engineering Depart- ment for the deficit needed to construct Grassland Street, Vaille Avenue and Ewell Avenue. Gasoline Hearing was declared open upon petition of the Shell Hearing Oil Company to increase the underground capacity from 12,000 to 17,000 gallons. A notice of the hearing was inserted in the October 10, 1968 issue of the Lexington Minute-man and sent by certified mail to the abutters, as listed on the records of the Board of Assessors. 39 1 Application was approved by Deputy Chief Fradette of the Fire Department. Mr. Broker, representing the petitioner, was present and explained that the Shell Oil Company would like to in- crease the storage capacity from 12,000 gallons to 17,000 gallons. No one was present in favor or in opposition and the Chairman declared the hearing closed. Upon motion duly made and seconded, it was voted to issue a license to the Shell Oil Company for below ground storage of 17,000 gallons of gasoline, 500 gallons of waste oil, and 500 gallons of fuel oil to be used to heat the building. Also, for above ground storage of 500 gal- lons of motor oil, 300 gallons of anti-freeze and 100 gal- long of alcohol, to be stored in metal containers or steel drums on the premises at 46 Bedford Street, Lexington. Mr. Wheeler of the Sherator Motor Inn met with the Board. The Chairman informed Mr. Wheeler that the Board must change the liquor license to include the added function rooms and where liquor would be served. Mr. Wheeler said that he had written to the Board and asked that the Pavillion Room be added to the license. Sheraton The Chairman said that the Board would need more in- Motor formation as there were many changes in the building. Inn Mr. Cataldo asked that Mr. Wheeler submit a schematic plan and a description of each level. The Chairman instructed Mr. Wheeler to submit a schematic plan and a list of the dining rooms in which food and liquor will be served, a list of the function rooms to be served by the portable bar, and the number of bedrooms in which room service will be available. The Chairman read a request from the Treasurer, re- questing permission to ask the Appropriation Committee for a transfer of $300. Transfer Upon motion duly made and seconded, it was voted to approve the request of the Treasurer to ask the Appro- priation Committee for a transfer from the Reserve Fund in the amount of $300. The Chairman informed the Board that the Structure Transfer of Government Committee asks for approval of their request Struc' t. to the Appropriation Committee for a transfer of $3400 to Gov. cover prin#ing, addressing and mailing of the revised pam- Comm. phlet on the Selectmen-Town Manager Act. Mr. Adams said that it is a major step in the changing of Town Government and people should know about it: it should be sent to every registered voter. 4() The Chairman said that we did alert the Appropria- tion Committee and they werentt too favorable. Mr. Legro suggested that copies be made available for review; !bile it 'mag not be MeidtIf av1ilable to the average layman, it is an Act of Legislature. Mr. Cataldo said that we asked you, specifically, and you said that there would not be another mailing. Mr. Adams said that we had hoped that it would go through as proposed but there have been changes made. Mr. Cataldo said that, at Town Meeting, you said there were no substantial changes; it would be illegal if there were. The voters are going to get the Warrant and they will know what they are voting on. Mr. Legro said that it was his recollection that there were few changes, and asked if it could be resolved by publishing the changes? Mr. Kenney asked if the Board could defer until they find out how many changes there are and the cost of mail- ing. Mr. Cataldo asked if changes were made, if it went to Town Meeting legally? Mr. Legro said that the Article and motion read, "or as the same may be amended by vote of the Town Meeting." Mr. Cataldo said that the one read at Town Meeting was different than the one in the Warrant. Mr. Mabee said that the changes ought to be pub- lished and given to every registered voter. Mr. Greeley suggested that, upon request, we could offer to send out a copy of the Act. Mr. Adams said that you might get 500 requests. The Board agreed to bold over the approval of a re- quest for a transfer of $3400 from the Reserve Fund to the Structure of Government Committee. Mr. McSweeney said that bids on the swimming pool Instruc- were opened today from the Continental Swim Pool Corp. at tional Pool $16,925 and Master Pools at $18,777. The bids will be reviewed by the Recreation Committee on Wednesday morning. Mr. Burke informed the Board that bids have been re- ceived for painting the Town Office Building, Cary Memorial Town Office Hall and the low bidder was T. Mickle & Son, Inc. , 43 Rustic Painting Drive, South Weymouth, at $3,500; Cormier Construction Com- Contract pany, 92 Windson Road, Medford, at $4,453; J.W. Graham & Son, Inc. , at $5,460. It is recommended that the contract be awarded to T. Mickle & Son, Incorporated, at $3500. Upon motion duly made and seconded, it was voted to award the contract for painting the Town Office Building, Car Memorial Hall and the Police Building, in the amount of $3,500, pending approval of the contract documents by Town Counsel. Upon motion duly made and seconded, it was voted to adjourn at 9:50 P.M. A true record, Attest: 4Z!,„ -71/ 2122 rJ Executive Clerk, Selector to; co I