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HomeMy WebLinkAbout1949-12-05472 Jurors Pole Location V.F.W. sewer Parking Meters SELECTMEN'S MEETING December 5, 1949 A regular meeting of the Board of Selectmen was held in the Selectmen's Room, Town Office Building on Monday evening, December 5, 1949 at 7:00 P. M. Chairman Emery, Messrs. Gay, Driscoll, Nickerson and Hoyt were present. The Clerk was also present. Mr. James J. Carroll, Town Clerk, met with the Board for the drawing of two jurors. Christopher E. Rymes, fore- man, 15 Barnes Place was drawn to serve on Civil Business, 2nd session at Cambridge, beginning January 3, 1950. Mr. Robert L. Morris, sale:Nan, 1 Munroe Road was drawn to serve on Criminal Business, 1st session at Cam- bridge, beginning January 3, 1950. Mr. Carroll retired at 7:03 P. M. Petition was received from the Boston Edison Com- pany and the New England Telephone and Telegraph Com- pany for joint pole locations on Muzzey Street. No persons appeared in favor or in opposition. Upon motion of Mr. Driscoll, seconded by Mr. Gay, it was voted to approve the petition and sign the order for the following pole location: Muzzey Street, approxi- mately 105 feet southwest of Forest Street, one pole. Mr. Joseph H. DeFoe, Supt. of Public Works, met with the Board, and reported on the cost of a sewer install- ation for the V.F.W. at 2 Hayes Lane. He stated that there are 120 feet of 8 inch pipe necessary and will cost approximately $600. The sewer service to the building will cost an additional $25. With reference to the re- quest received from the organization relative to the possi- bility of having Town Meeting vote tb install the sewer free the Board to approve payment on a 20 year basis, letter is to be written to the Town Counsel and a legal opinion obtained. Mr. DeFoe requested consideration be given to the installation of parking meters. The Chairman explained that he had requested Mr. DeFoe to bring this subject up this evening, because he thought it might be a good idea for the Board to qualify its opinion. He said that he thought the Board Belt it would not be a good idea to try and get people used to parking meters either in the Christmas shopping season or during snow. Mr. Hoyt said that he thought the Board felt it would be better to install the meters in March rather than during the snow season. hmulel 1 473 Mr. DeFoe stated that even if the meters are put in, the contract has not been approved, the ordinances have to be approved by the State. He explained that the contractor will install the meters. He said that the contractor is extremely busy now and it may take more than the threeweeks that he had originally mentioned. He also stated that it will take two weeks to get the ordinances ready. Mr. Nickerson said that he could not see how the meters would do as much good from the 15th of January as they would from the 15th of March. Mr. Gay inquired as to whether or not the meters can be installed in the winter and Mr. DeFoe replied in the affirmative but said that he would not want to pour the concrete if the weather is too cold. The Chairman said that he thought the margin of five or twenty votes is very unsatisfactory, and as far as he is concerned he would just as soon see this subject put on the ballot. He said that he would also like to go around the proposed locations. He said that he still is of the opinion that they should not be installed on Meriam Street and Emery Park. Mr. Gay said that he could not quite agree with the Chairman in regards to a referendum. He stated that the question as to when the meters are to be installed has been asked at three different meetings, and he thought the Board should install them or make a statement to the effect that action is going to be deferred. He stated, however, that he would be willing to go along with the Chairman. Mr. Nickerson pointed out that if -a contract is let and then there is a referendum, confusion will result. He reminded the Board that the Town Meeting has had three chances to vote on the question. Mr. DeFoe informed the Board that the meters can be taken out within six months after installation. Mr. Gay moved that the meters be installed whenever they are available. Mr. Driscoll seconded the motion. The Chairman asked_ if the Board desired to place an order now or wait until the ordinanceshave been approved. Mr. Gay said that he would be willing to change his motion and the Board could look over the course. Mr. Hoyt suggested that the matter pursue its normal course and in the meantime the Board can check the loca- tions. He said that he did think some statement should be made as to when the meters will be installed. Mr. DeFoe reported that he had discussed with the - Appropriation Committee the purchase of a sidewalk tractor. He told them that the tractor he has in mind, and which Sidewalk is available, is the next size smaller than the one he tractor would like to have. He said that he has been carrying the money for the larger tractor for two years. The Town of Arlington has six small tractors and they favor them. The Town of Newton has fourteen but prefer the -larger model. 474 The Chairman asked if Mr. DeFoe had as many tractors now as he had last year and he replied in the affirmative. He said that there are more sidewalks to plow this year and mentioned Adams Street, Colony Road and Pleasant Street. He said that he felt' there might be some criticism if the sidewalks are not plowed fast enough. He stated that both Mr, Burns and Mr. Weieinger have operated this type tractor and like it. Mr. Driscoll said that he thought Mr. DeFoe would not be satisfied with the small tractor and asked if he couldn't wait. Mr. Nickerson inquired about delivery and Mr. DeFee said that he could obtain one immediately. Mr. Nickerson said that if any of the present equip- ment should break down he could then order the tractor. Mr. DeFoe-said that if he could place an order sub- ject to his calling for the tractor, the money could be held over. Mr. Hoyt agreed that a verbal commitment were feasible and he thought it might be a good idea inasmuch as the money has been appropriated. Mr. Hoyt suggested that Mr. DeFoe confer with Mr. Walker, the Town Accountant to determine whether or not the money can be narm,aigted. The Chairman summarized the situation by saying that Mr. DeFoe will not purchase the small tractor whether the money is available or not unless an emergency arises; then he will come to the Board before making a purchase. Mr. Nickerson said that he did nob see any sense in ordering the large tractor if it not going to be available until December, 1950. Mr. Hoyt suggested that the money now available revert back and Mr. DeFoe include the tractor in his 1950 budget. The Chairman stated that if Mr. DeFoe could make an optional agreement now for the small unit to hold until the first of March it might be pvotection in the event any of his present tractors break down, The Chairman informed Mr. DeFoe that it was the sense of the meeting that he will make some agreement, not in writing, whereby he will have an option on the tractor at his call until the first of March. He suggested that Mr. DeFoe discuss this with the Town Accountant so that the available money will not relapse and further stated that no new tractor is to be purchased if his present equip- ment takes him through the winter. Mr. Lynch, Town Counsel, Mr. Burns, Town Engineer, Mr. Walker, Town Accountant and Mr. Harold Stevens met with the Board to discuss the Daddario contract for the North Branch sewer project. All present had a copy of the figures prepared by Mr. Walker explaining the status of the account to date. The Chairman stated, for Mr. Stevens'benefit, that Daddario stopped3work on the North Branch sewer on Friday, November 3rd. Since that time the Board has been trying SZLA 1 1 to find a solution of the problem. Mr. Lynch explained that it was the intention to have the bonding company come in and complete the job. The Boston Office went along and were going to have someone complete the project and the bonding company would bond itself with another bonding company. The home office in Chicago, however, would not consider it. They do not want to go into the contracting busi- ness and the bonding company will not move as far as completing the work is concerned. They do appreciate their responsibility under the bond and that is why they have paid all the laborers and several of the material accounts. They have an agreement with one whose bill was over . $5,000. He said that they recognize their responsibility to the extent of $32,000 owed by Daddario for labor and materials actually used on this project to date which they are willing to pay. As the company paid these material men who had filed claims of lien, the town was to release the funds to them, but Vr. Lynch told the bonding company that the town would not release any funds voluntarily until the job is completed. There is nothing, in the bond that gg�ives,,,,them a priority. He t explained that there is in ie application of the bond, an assignment of funds to the bonding company, but the town never received notice from the bonding company. They are fearful that the town has two attachments not referable to this job at all; one is by a finance company, the Atlanta Corporation, for $5500. They hate an ass- ignment signed by Daddario on these funds in the amount of $2500, but Mr. Lynch refused to assent to it. Mr. Lynch explained that the only other assignments or attachments not referable to the jab are two insurance companies totaling $5,000, making a total of $8500. that concerns the bonding company very much at this time. He said that he had received a telephone call from the finance company today and told them that the Town would not release funds voluntarily. Mr. Lynch explained that the bonding company would not assent to accepting the second low bidder unless there is some very definite reason for not accepting the first low bid. He said that it might be feasible to have Raimo meet with the Board and ask, him just what jobs he has done in recent years. Mr. DeFoe stated that he is a fellow with financial backing and the Massachusetts Bonding Company is willing to bond him. Mr. Lynch asked if the weather would. make it difficult to resume work and Mr. DeFoe replied that the progress would be slower. Mr. Lynch asked if it would make any difference in the price the town will pay and Mr. DeFoe r eplied that insofar as the unit prices go, it will cost more for engineering. He said that the longer the job is prlonged, the more the engineering expenses will be. 475 Daddario 476 Mr. Lynch asked if the work could be prolonged until spring and Mr. Burns replied that the trenches should - not be left open during the winter. Mr. Lynch asked if the delay would cause serious harm and Mr. Burns replied in the affirmative. Mr. Lynch stated that the bonding company was dis- turbed that they did not have a priority on funds and called the attorney in Chicago who asked if the company had notified the Town and the answer was in the negative. Apparently some one in the Boston Office has made an error. Mr. Lynch said that the Town will not turn over any money to the bonding company until the claims have been satisfied. If more meney is needed after the 464,000 has been used, the Town can go to the bonding company. If, after the job has been completed, there are funds. left, they will be turned over to the bonding company. Mr. Lynch explained the situation as follows: The original contract -with Daddario was estimated at $113,606.75. Through extras, including ledge excavation, the amount of the original contract price has now become 0129,897.95. We have to dateactuallypaid Daddario 475,464.41. We have held back from Daddario on the 10% retained percentage, under the provisions of the contract, 48,384.94. By adding the amounts paid Daddario and the amount retained by the Town we have an estimated value placed on the work completed by Daddario, when the project was abandoned, of 483,849.35. Of the amount originally appropriated for the sewer con- struction there is a balance on hand and available for the completion of the project of 464,742.97. In the figure of $64,749.97 is included the amount retained by the Town_fromDaddario payments, under the terms of the contract, oi' 48,384.94. Daddario has assigned to the bonding company all moneys due him under the provisions of this contract, including the retained percentage of 48,384.94 now held by the Town. The bonding company has paid out on claims for labor and material under the contract as of today 49,341.66. If the bonding company releases to the Town all its interest in the retain percentage amounting to 48,384.94, the Town has available for the completion of this job 464,742.97. In addition to the amount available, the Town is also - holding under Statutory claims of lien and attachments under trustee process in the hands of the Town Treasurer, the sum of 416 316.16. Technically the bonding company - would be entitled to a release of somuch of the 416,316.16 as is represented by payments made by the bonding company on account of claims for lien filed with the Treasurer as a result of which these moneys were withheld from Daddario. The only controversy arising about these funds is an item of 48500 represented by attachments made of these funds by general creditors for an indebtedness totally apart from the Daddario contract with the Town. t,� Masi 477 If, on the figures submitted, the job can be completed for 661,000 and the amount of $64,742.97 becomes available to the Town through the co-operation of the bonding company, I am of the opinion that the Town has sufficient money now available to enter into a contract with Raimo for the completion of this job forthwith. I recommend that that be done. It was decided to postpone and definite action until next Monday night at which time Mr. DeFoe and Mr. Burns are to- be present. The group retired at 8:30 P. M. Mr. Gustin, Chairman of the Recreation Committee, Mr. Thomas, Chairman of the School Committee and Mr. Garrity, Supt. of Parks and Playgrounds, met with the Board. The group was invited in as a result of a letter Hockey received by the Board from the School Commitee advising Rink that the Committee had voted to request the Selectmen that the present skating rink at the Center playground be divided so that half may be available for practice for the hockey team for four afternoons.a week. The Chairman asked if it were practical and desirable to divide the skating area. Mr. Gustin replied that the final vote of the Recrea- tion Committee was negative. The reason being that the skating rink is an area used for general skating and once the Boards are erected it will be used for hockey -all the time. If this area is taken for hockey there is no sub- stitute for general skating. He said that it is in the records of the Recreation Committee that the Committee is not in favor of .the skating rink being divided so that half may be used for hockey practice. He said that it is just a guess as to how many will use the area for general skating vs. how many will use it for hockey and it is up to his Committee to do the best thing for the greatest number. The Chairman said that the Board would consider the question later on in the evening and arrive at some decision. The group retired at 8:45 P. M. The Clerk checked the Selectmen's records and found that on June 14, 1948 it was voted that the Recreation. Committee, as of June 15th or as soon as possible thereafter, take full responsibility for all recreation programs in the town and supervision of all recreational facilities diction of the Park Department. The Selectmen felt that they should not intervene with reference to the use of the skating rink and that the Recreation Committee should decide what use is to be made of it. Messrs. Lynch, DeFoe, Burns and Stevens returned to the meeting. The Chairman asked Mr. Lynch about a few items that are in the process of being settled. 478 North Hancock Street Mr. Lynch explained for Mr. Stevens that the Town went in and widened East Street. Various claims for land damages have been filed and he had filed routine answers. These cases will not be reached for trial in the immedi- ate future. He said that he thought they could all be settled out of court. The MacKay case on Waltham Street will be out of the way within the next two days. He informed the Board that Mr. Tropeano wants $450 and Mr. Lynch told him that he would take it up with the Board. Damages were assessed $103 in 1925 and Tropeano's asking figure is $450. The Chairman asked if Mr,, Lynch had any recommendations and he said that he would recommend $250 to both Heyward and Bickford. With reference to the revision of the Zoning By -law, - Mr. Lynch said that he had`. .ttended a meeting -of the Planning Board and tried to take up the slack of the individual - employed by the Planning Board to revise the By-law. He said that in fairness to himself and to the Town he could not do anything on the matter in the time he has left. Mr. Lynch said that the Douglass case with the Assessors may be settled this year. With refersnce to the Scurto ease the town is on half hour call in Court. Mr. Lynch said that he wants the building torn down. He said that he would not object to the Court giving the Scurtos all.the time it wants to, but he does want a decree statingthat the house will be demolished. The Chairman read a letter from Mr. Carroll to which was attached a writ of attachment estate of Vara Con- struction, Inc. in the amount of $1,000. Mr. Lynch said that he had received the original. The group, with the exception of Mr. DeFoe, retired at 9:15 P. M. Mr. Lawrence Hunt, 87 North Hancock Street, met with the Board relative to the widening of North Hancock Street and the construction of sidewalks. He said that the request had been submitted some time ago, Mr. DeFoe made a survey, but all the abutters would not sign slope easements and the subject was dropped. He said that there are three prIperty owners who will not give easements on the left hand side of the street going towards Bedford Street. The Chairman asked if sidewalks could be put in from Hamilton Road to Braemore Terrace without much trouble or slope easements and Mr. DeFoe replied in the affirmative. The Chairman asked if there would be any value in putting the sidewalkup to Braemore Terrace on one side and then have the sidewalk continued on the other side. Mr. Hunt replied that if that is the only answar:it would be an improvement. 1 479 Mr. DeFoe said that there might possibly be some money left in the budget, but there is a question of time involved. He stated that there are several large treesthatwill have to be taken down. He agreed to give the Board a complete report next week. Mr. Hunt agreed to have this project included in the 1950 budget and admitted that the area from Hamilton Road to Braemore Terrace would not be of any special benefit at this time. M. Hunt retired at 9:30 P. M. Mr. DeFoe requested permission to make borings for a section of the Farmcrest sewer construction. He explained that there is a cut at the corner of Grapevine Avenue and Waltham Street andhe knows there is some ledge. He would like to go only to the corner of Marrett Road and not go Farmcrest up Grapevine Avenue, but to to down Marrett Road about Sewer 300 feet to an empty lot, purchase the lot and go through borings to Grapevine Avenue. He wants to take borings through this particular lot, also on Grapevine Avenue .from Waltham Street down .to the lot and on Waltham Street between Grapevine Avenue and Marrett Road, He said that be thought the borings would cost approximately $300 and in his opinion it will be money well spent. The Chairman asked if Mr. DeFoe had obtained permission from the owner of the lbt to go in and take the borings. Mr. DeFoe replied that he will secure permission in writing, He said that he has no option on the land, but the owner is willing to sell it for $14Q0. Upon motion of Mr. Hoyt, seconded by Mr. Nickerson, it was voted to authorize an expenditure of approximately $300 to take borings for a section of the Farmcrest sewer project providing permission is received in writing from the owner of the land involved. Mr. DeFon retired at 9:45 P. M. Items acted upon by Mr. Emery and Mr. DeFoe, December 5, 1949 at 8:45 A. M. a. Request for street light on Cedarwood Terrace. Approved b. `'Request to place fill at junction of Smith and Independence Avenues. Approved The Chairman read a letter from Mr. & Mrs. Thomas C. Morris, 4 Robbins Road with reference to coasting. The Chairman agreed to discuss this subject with the Chief of Police. The Chairman read a letter from the Chief of Police with reference to a twenty miles per hour speed 1imit for Follen Road as requested by a number of residents in that area Mr. Hoyt. said that he would not be in favor of establibh- ing this as a twenty mile zonebut he did agree with the Chief insofar as painting a white line is concerned. 480 Use of Hall Mr. Nickerson suggested transcribing the Chief's .letter unless the Chairman felt that it would be putting him on the spot. The Chairman said that he did not believe the Chief would object and inasmuch .as he is on Civil Service it would probably not do any harm. He agreed to communicate with the petitioners. A letter of complaint from Katherine Harrington, relative to the hammering at the blacksmith shop on Muzzey Street, was referred to the Building Inspector•. The Chairman reported that he had talked with Dr. Bowman relative to Officer Harvey's request for dis- ability retirement as a result of injury received while performing hi.s duteis as a police officer. Inasmuch as Officer Harvey has specifically requested service incurred disability, the Medical Panel could not recommend ordinary disability. A report will be sub- mitted to the Board in accordance with the request of the petitioner. If Officer Harvey wishes to petition for ordinary disability he will have to re -apply. Application was received from the Lexington High School for permission to -.conduct a concert in Cary Hall on Saturday evening, January 14 and a rehearsal on January 11. Admission will be charged to this concert. Mr. Nickerson moved that the use of the hall be granted subject to a"charge of $35 for the concert; rehearsal to be free. Mr. Gay seconded the motion, and it was so voted. 1 Upon motion of Mr. Hoyt, seconded by Mr. Nickerson, it was voted to grant the following licenses: Licenses Pontiac Motor Division 7 Mass; Avenue 1st Class Agent John J. Rudd 1849 Mass: Avenue Package Goods Fred N. Viano 1794 Mass. Avenue Sunday Movies Further consideration *as given to th& proposed -bus route for the Manor Section. The Chairman suggested, and the members of the Board agreddd, to have a letter sent to all property owners along the route asking whether or not they favor the operation of buses and to reply-- by eplyby postal card enclosed in letter. Mr. Gay said that Donald Shaw Telephoned him about Veterans the possibility of obtaining one of the Veterans Lots. Lots There are three persons who have lots but have not as yet been given deeds inasmuch as plans have not beensubmitted and approved by the Planning Board. He asked if it would be feasible to write these individuals and inquire as to whether or not they intend to build.. The Board had no objection and the Clerk was instructed to send out letters. 481 Mr. Hoyt brought up the question of early morning street lighting and reported that one•of the market men had asked him why the lights were not on early in the.morning. The Chairman explained that he had inst- ructed the Superintendent of Public Works to request the Boston Edison Company not -to have them turned on so early inasmuch as the.early morning train has been taken off. It was decided to request the Chief of Police to have an officer make a survey of the number of pass- engers on the first bus out of Lexington in the morning. The meeting adjourned at 10:50 P. M. A true record, attest: e Sk The following is to be incorporated in the Selectmen's Records upon instruction from the Chairman of the Board: On -Wednesday at two minutes to five'the Chairman telephoned Mr. Burns, Assistant Superintendent, to the effect that the street lights are to be turned on -from now -until March 1st, inclusive from 5:40 A. U. until one-half hour before sun- rise.. These instructions were given -on the basis of a vote of a majority of the Board --;-Messrs. Hoyt and Nickerson having been contacted by telephone by the Chairman. Mr. Burns was contacted inasmuch as the Chairman was unable to reach Mr. DeFoe.