MINUTES OF A REGULAR MEETING OF THE BOSTON REDEVELOPMENT AUTHORITY HELD ON AUGUST 15, 1962 The Members of the Boston Redevelopment Authority met in regular session at the offices of the Authority, Room 350, 73 Tremont Street, Boston, Massachusets, at 10:00 a.m. on August 15,1962 . The meeting was called to order by the Chairman, and upon roll call those present and absent were as fol- lows: Present Absent Msgr. Francis J, Lally None Stephen E. McCloskey James G. Colbert Melvin J. Massucco John Ryan A copy of the NOTICE OF MEETING, pursuant to Section 23A of Chapter 39 of the General Laws, with the CERTIFICATE AS TO SERVICE OF NOTICE OF MEETING attached thereto, was read and ordered spread upon the minutes of this meeting and filed for record. NOTICE OF MEETING Notice is hereby given in accordance with Section 23A of Chapter 39 of the General Laws that a meeting of the Boston Redevelopment Authority will be held at ten o'clock a.m. on August 15,1962 at 73 Tremont Street in the City of Boston. BOSTON REDEVELOPMENT AUTHORITY By August 13, 1962 _ Title: _ Secretary _ CERTIFICATE AS TO SERVICE OF NOTICE OF MEETING (Sec. 23A, Chapter 39, General Laws) I, Kane Simonian, the duly appointed, qualified and acting Secretary of the Boston Redevelopment Authority, do hereby certify that on August 13,1962 I filed, in the manner provided by Sec. 23A, Chapter 39» General Laws, with the City Clerk of the City of Boston, Massachusetts, a NOTICE OF MEETING of which the foregoing is a true and correct copy. IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said Authority this 15th day of August, 1962. LS Secretary Messrs. Logue, Ash, Conley and Graham attended the meeting. The minutes of the meeting of July 25, 1962 were read by the Secretary. On motion duly made and seconded, it was unanimously VOTED: to approve the minutes as read. On the presentation of certified invoices and on motion duly made and seconded, it was unanimously VOTED: to authorize payment of the following bills: R. C. Blumenthal Associates, $2,484.00 Freedom House, Inc., $2,250.00 E.G. Houdlette, $25.00 Metropolitan Transit Authority, $33, 093. 08 G. F. Romagnoli, Inc., $500.00 United South End Settlements, Inc., $6,184.52 Whitman & Howard, Inc. , $4, 000. 00 Anderson-Nichols Company, $7, 100.00 United Community Services, $961. 88 Management Services Associates, $3, 000. 00 Maiden Equipment Corporation, Partial Payment No. 6, $13, 543. 88 " " " Partial Payment No. 3, $19,057,77 Copies of five Council Orders were distributed. On motion duly made and seconded, it was unanimously VOTED: to make the following disposition of the aforementioned: a. Councillor Piemonte Order re Demonstration Grant Program on Victory Road - referred to Development Administrator for report; b. Councillor Foley Order re Turnpike Air Rights - referred to Development Administrator for report; c. Councillor Foley Order re early submission of material prior to pertinent hearings - referred to Development Administrator; d. Order on West End development - referred to Executive Director and General Counsel; e. Order on transporting persons from downtown Boston to Logan Airport - referred to Development Administrator. Copies of a letter from Charles River Park, Inc. dated August 13, 1962 were distributed containing information with respect to conditions and estimated costs for the use of land in Parcel 1-C for overflow parking needs for tenants in Parcel 1-A. On motion duly made and seconded, it was unanimously VOTED: to authorize the Executive Director to grant the license for the temporary use of land in Parcel 1-C in the approximate amount of 30, 600 square feet at a use charge equal to the ground rent now being paid by Charles River Park for Parcels 1-A and 1-B and as outlined in the letter of request from Charles River Park, Inc. Memo from the General Counsel was distributed containing opinion re stenographic report of the North Harvard Project public hearing. On motion duly made and seconded, it was unanimously VOTED: to adopt the recommendations of the General Counsel. Copies of a memo from Wallace Orpin, Chief Engineer, dated August 13, 1962 re parcel releases, Government Center, were distributed and noted. Site Office reports were distributed. On motion duly made and seconded, it was unanimously VOTED: to authorize the eviction of ABC Products, 58 Portland Street, Government Center project. On motion duly made and seconded, it was unanimously VOTED: to authorize moving allowances and waive use and occupancy charges for the following hardship cases: Emmet Paxton, formerly of 10 McLean Street, West End; Robert FugHese, 43 Norman Street, Government Center Edward Conlon, 11 Staniford Street " " Ida Humes, 29 Norman Street " " Edward Ciarletto, 131 Staniford Street " " Michael Ciarletto, 43 Norman Street " " Anthony Santasuosso, 16 Hale Street " " On motion duly made and seconded, it was unanimously VOTED: to authorize the Executive Director to file Requisition No. 6 for Relocation Grant Progress Payment in the amount of $10, 912. 00 for the West End project, U. R. Mass. 2-3. On motion duly made and seconded, it was unanimously VOTED: to authorize the Executive Director to file Requisition No. 9 for Capital Grant Progress Payment in the amount of $160, 197. 00, West End Project, U. R. Mass. 2-3. Reports from Phoenix Urban Corporation re progress of construction, Complexes 1-A and 1-B, West End, were distributed. The Executive Director presented copies of a memo from the Chief Engineer re site preparation Contract No. 3, West End project, containing tabula- tion of two bids received and opinion from the General Counsel. The Chief En- gineer had investigated and certified all the information contained in the bid documents and recommended the award to the low bidder. On motion by Mr. Ryan, seconded by Mr. Massucco, it was unanimously VOTED: to award site preparation contract No. 3, West End project, to the low bidder, Piatelli Construction Corporation, for $107, 000, and the Vice Chairman was authorized to execute the contract. Copies of a memo from the Real Estate Officer dated August 13, 1962, were distributed. On motion duly made and seconded, it was unanimously VOTED: to authorize reductions in use and occupancy charges as recommended by the Real Estate Officer in his memo for the following: Account No. 635 Tulman Furniture Co. 689 Diamond Union Stamp Works 119 lacono Furniture Co. 597 House of Hurwitz 531 Advance Printing Co. 1111 Photographers Portrait Service 896 Serdex, Inc. 59 Central Restaurant & Supply Co. 1013 Fitz Inn Auto Parks, Inc. 1015 Fitz Inn Auto Parks, Inc. 680 H. A. Cochrane & Sons, Inc. 109 Bergin Co. , Inc. 61 Haymarket Cooperative Bank 748 Patten's Restaurant 1117 Court Street Tavern 563 Rand & Company 548 M. Hoffman & Co., Inc. 742 Radio Shack Corporation Mr. M cCloskey made a motion that the Authority take from the table the recommendation of additional funds for payment to the general contract?!1, J. J. Vaccaro, Inc. , for work performed by members of Local No. 4, Hoisting and Portable Engineers Union, in the amount of $7315. 00 in connection with the renovation of City Hall Annex, 10th and llth floors; and further, that the Authority approve payment of same. Mr. Ryan seconded the motion. Mr. Colbert requested that the following statement be included in the minutes: 11 Mr. Chairman, our General Counsel has told us that in his opinion this money should not be paid. This contractor, in the opinion of our Legal Advisor, is not entitled to this money. Legally it should not be paid. I think the Board would be making a payment they should not be making. It would not be protecting the public interest and would be a dereliction of duty fox the Authority to make this payment. I would like to have it entered into the minutes of the meet- ing that the General Counsel has advised the Authority that this payment should not be made; that the contractor is not entitled to it. He also informs us that the architect has also stated that the contractor is not entitled to this money. How the Authority can go ahead and approve this payment is beyond me. I would say the duty of the Authority is to provide payments which should be paid, not pay- ments in the form of gifts. We should pay the contractor only what he is entitled to be paid. " 4 - Mr. Ryan requested that the following statement be entered into the minutes: . .. , - - • to« "We should pay for the work if it is properly done. We have a moral obligation. " On a call for a vote by the chair, the following answered "aye": Monsignor Lally, Mr. McCloskey and Mr. Ryan; and the following answered "nay": Mr. Colbert and Mr. Massucco. The Chairman declared the motion carried. The Development Administrator distributed copies of a memo dated August 15, 1962 entitled Preclusion of Conflict of Interest on Part of Contractor under the Terms of Proposed Koch-Waltch contract. Mr. Ryan moved to take from the table the proposed Koch-Waltch contract, which had been laid on the table at the last meeting. The motion was not seconded and therefore defeated. The Development Administrator distributed copies of a memo dated August 15, 1962 entitled Referral of Proposed Zoning Code, attached to which was a letter dated August 15, 1962 which was proposed to be sent to the Zoning Commission, together with a copy of the Authority's letter of May 10, 1961 to the Commission on the same subject. The Authority discussed revisions, and on motion duly made and seconded, it was unanimously VOTED: to approve the letter as revised.