HomeMy WebLinkAbout1956-12-06 Board of Public Works Minutes December 6, 1956
A Meeting of the Board of Public Works opened at 7.30 P. M.
Present were Messrs Donahue, Hopkins, Zannif Kilgore and
Superintendent Putnam.
Minutes of previous meeting read and approved as corrected.
Mr. Zanni elected to serve as Chairman Pro Tem.
Received letter signed by Mr, and Mrs. Frank G: Hardy, 21
Indiana Avenue, Reading requesting that a sill cock be placed at
some point in the Pumping Station behind the fluoridation point
where citizens of Reading may obtain water not fluoridated; and also
requesting that they be advised as to the first date Sodium Fluor-
ide is to be introduced into the drinking water. Moved, seconded
and voted to instruct the Superintendent to write Mr, and Mrs. Hardy
advising them that unfluoridated water would be available at the
' pumping station and that due notice would be given when fluoridation
is started.
Receivsd letter from T. F. Hanron, District Highway Engineer,
State Dept . of Public Works; regarding the provisions of Section 5A
Chapter 718 Acts of 1956 of the General Court and enclosing project
request forms to be filled out by the Board in requesting funds and
projects under this Chapter. Letter noted.
Received letter from T. F. Hanron, District Highway Engineer,
State Dept. of Public Works; regarding the matter of the request of
S. Rotondi & Sons contractor on the 1955 Chapter 90 West Street Pro-
ject and the request for abrogation by S. Rotondi and advising the
Board that until the disposition of the 1955 project is settled, it
18 not feasible to process the 1916 work on West Street and that it is
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very desirable to have this project under contract before January 1,
1957 . Letter noted. '
Received letter from Carl H. Amon Jr., Town Counsel regarding
the request from the Board as to the liability of the Town if the
contract of S. Rotondi & Sons for Highway Construction on West Street
is not abrogated. -
HALE AND DOOR
Counsellors at law
60 State Street
Boston, 9
December 6, 1956
Mr. Kenneth R. Johnson, Chairman
Board of Public Works
Municipal Building
Reading, Massachusetts
Dear Ken:
You have asked for my opinion as to whether or not the
Contract dated November 15, 1955, with S. Rotondi & Sons can now '
be enforced by the Board of Public Works .
On November 15, 1955 the Town awarded the Contract to
S. Rotondi & Sons for highway construction on West Street... The
work has not yet commenced on this contract. It is my understand-
ing that during the period from November 15, 1955 to approximately
September 1, 1956 the following work was done by the Town on
West street;
1. Installation of sanitary sewer;
2. Relocation of gas main prior to
sewer construction;
3. Installation of sewer house connections;
t}. Renewal of water services.
It is my further understanding that the Town did not wish to have
the work commenced by Rotondi :until after the above enumerated
work was completed,
It is my further understanding that prior to July 1,
1956 ,there were conferences with the contractor, during which it
�. was explained to him that his work on West Street could not be
commended until after the other construction work in the street
had been completed, and that he acquiesced to the continuance
of the time for the commencement of his work.
On August 31, 1956 you received a letter from S. Rotondi
& Sons to the effect that an unreasonable period of time had
elapsed since the signing of the Contract and that the work could
not be done for the contract price. By this letter Rotondi & Sons
objected to the delay in the commencement of their work, and
in my opinion served notice on the Town that they would hold the
Town responsible for any increase in cost.
The Contract provides that there may be delays in the
iommen6ement of the work if it be deemed in the best interest of
the Town to do so, and it may be assumed that at least in June
1956 such delays were within the provisions of the Contract.
However, S. Rotondi & Sons have now taken the position that the
delays to August 31, 1956 are unreasonable and that they will
not commence the work unless some other arrangements are made
so as to provide additional money to cover what they claim are
additional costs. Therefore, it seems to me that if the Contract
were now enforced, there would undobtedly be litigation against
the Town by S. `otondi & Sons.
It is my further opinion that the delay in the commence-
ment of the work from April 1st, when the work was supposed to
have commenced, to September, when the installation and relocation
of sewers, gas mains, and water were completed, could be held to
be an unreasonable delay, and that the Town vomld therefore be
responsible for damages to S. Rotondi & Sons. It is therefore
my opinion, for the reasons above stated, that it is for- the best
interests of the Town that the Contract dated November 15, 1955
be terminated by the exchange of mutual releases between the
Town and S. Rotondi & Sons.
Very truly yours,
( signed) Carl R. Amon Jr.
. ar Amon, r.
Town Counsel
Moved, seconded and voted to abrogate the contract with S.
Rotondi & Sons as recommended by the Town Counsel and that the Supt.
be instructed to prepare the necessary mutual releases between the
Town of Reading and S. Rotondi & Sons and to notify at once Mr. T. F.
Hanron, District Engineer of the Towns' action in this matter. '
Examined and approved the following Registry of Deeds Plans for
Superintendegts' signature:
Munreo Avenue-Lot 33-Realty Const.-Approved
Hancock Street-Lot A-Unknown Owner-Approved
Bradford Road-Lots 1-2-3-4-Tennessee Gas. Trans. Co.-Approved
On recommendation of Superintendent it was moved, seconded and
voted to release the $49000 performance bond posted by Nelson S. Bur-
bank and Harold W. Swanson for the complete construction of Juniper
.Circle which runs Northerly from Wakefield Street near Evergreen Road .
On recommendation of Superintendent it was moved, seconded and
voted to release the performance oond in the amount of $7,000 posted
by Hillcrest Realty Inc, for the complete. construction of Susan Drive
which runs from Franklin Street in a Northwesterly direction. '
Received petition signed by two property owners requesting that
Knollwood (Private) Road be accepted as a Public mown Way under the
Betterment Act. As only two of the several abutters on Knollwood Road
signed the petition, it was moved, seconded and voted to instruct the
Superintendent to send a form letter to all abutting property owners
on Knollwood Road, enclosing a questionnaire as to their desires
In the acceptance of Knollwood Road under the Betterment Act.
Received petition signed by two abutting property owners on County
(Private) Road requesting that County (Private) Road be accepted as a
Public Town Way under the provisions of the Betterment Act. It was moved,
seconded and voted that the Superintendent contact the abutters on County
Road, as he was instructed to do in the case of Knollwood Road, before ,
further action is taken on this petition.
Received letter from Board of Selectmen calling the attention
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of the Board to the fact that Town trucks are using High Street, be-
tween Lowell Street and Vine Street inviolation of Town ordinances
which prohibit the use of Commercial Vehicles on this Street, and
advising the Board that the Police Dept. -have been instructed to
stop and bring necessary action against all violators. They also -
requested that the Board take necessary steps to prevent the Town
trucks from .using this street except when specifically rendering
services to persons on High Street and abutting areas. Moved, Seconded
and voted to instruct the Superintendent to post a copy of the letter
from the Selectmen at the Municipal Garage for the instruction of Per-
sonnel.
Received letter signed by Gilbert W. Stanford, Manager, Reading
Municipal Light Dept., inclosing andanalysis of the Town of Reading
' Water Pumping Station electric power bill based on the September 1955
through the August 1956 bills, and stating that by cutting operations
through the hours 4:30 to 6:15 P. M. daily Monday through Pridayl
Saturdays, Sundays and Holidays excepted for five weeks beginning
December 10, 1956 through January 11, 1957 a gross saving of $1,059.38
can be realized based on the analysis for the year 1957. On recommen-
dation of Superintendent it was moved, seconded and voted to comply
with the request of the Municipal Light Dept, to cut service at the
water pumping stations for the period requested, in order that the
saving stated in the letter may be made.
On motion of Mr. Kilgore it was moved, seconded and voted to
instruct the Superintendent to prepare a report of existing and
' estimated future data on the water supply of the Town of Reading as
listed. '
1. Existing capacity of water pumping stations numbers 1-2-3.
2. Design capacity of deferization plant and filters.
3. Maximum daily output 1955. .
4. Number of water services in use in 1955.
5. Maximum daily water output in 1956 to December 1, 1956.
6. Number of services in use in 1956 to December 1, 1956.
7. Estimated number of water services to be installated in 1957.
8. Estimate of general situation of the water supply of the Town of
Reading with respect to water useage in the years 1957, 1958, 1959
with particular emphasis on adequacy of present water supply.
Received Prom Superintendent a proposed salary schedule for
1957 including present and proposed minimum and maximum salary and wage
schedule and a detailed list of personnel affected by proposed 1957 wage
rates. After some discussion it was moved, seconded and voted to post-
pone action on the salary recommendation until the December 10, 1956
meeting.
Board adjourned at 10:30 PL M.
Respectfully submitted ;
Secretary ; p I '�c-P