Loading...
HomeMy WebLinkAbout1980-03-10 Board of Public Works Minutes March 10, 1980 Meeting of the Board of Public Works convened at 7:30 P . M. in the Auditorium of the Community Center, 52 Sanborn Street . Present were Chairman Price, Secretary Cowell, Board Members DeHart , Wood and Fallon and Superintendent Louanis together with members of the Engineering Division. Minutes of the meeting of March 3d were read and accepted as written . Read letter from George L. Gray, Chairman of the 1980 "Olde Redding Fair" requesting permission to close off and occupy a portion of Sanborn Street on September 20th from 7 : 00 A .M. to 6 :00 P.M. Following a brief discussion, it was moved, seconded and voted to close off Sanborn Street , from Lowell to Woburn Street on Saturday September 20th from 7: 00 A . M. to 6: 00 P . M. subject to the standard provisions, as follows: The area shall be properly policed , liability insurance be obtained , no alcoholic beverages ' be served within the public way and the area be broom clean at the conclusion of the event. Permission for the placement of a sign on the Common advertising the Fair was also given. Memorandum from John W. Agnew, Jr. calling attention to the closing of the warrant for the April 17th Special Town Meeting on March 20th 1980 at 8: 00 P. M. was accepted as a point of infor- mation. Secretary Cowell read notice of public hearing at 7:45 P .M. regarding the proposed extension of the sanitary sewer main in the following public and private ways: Border Road , Breton Circle , West , South, Beacon, B, D, and F Streets, Bunker Avenue and John Street Court . Chairman Price greeted an audience of approximately forty people and reviewed the procedure followed in conducting a public hearing. He noted that Border Road citizens had attended a hearing two years ago and following that meeting the Board had voted to include Border Road in the sewer program at that time. However , an alternate and less costly method of installation became evident and at the present time legislation allowing the Town of Reading to make a connection to a sewer main in Woburn has been passed by the General Court . Therefore, the Border Road residents have been notified of this public hearing and will be given the opportunity to vote once again. Chairman Price also called attention to the fact that the interest rate for amor- tizing assessments has been increased from 5 percent to 7 .2 per- centcent as the interest rate on the last bond floated by the Town was 5 .2 percent and it is mandatory that the Town realize two percent above that figure. Questions concerning corner lot assessments , starting date of the contract and other general questions were answered by the Board. The Chairman indicated that members of the Engineering Division would remain after the hearing was closed to answer questions pertinent to individual parcels of land . It was moved , seconded and voted to close the hearing at 8: 10 P . M. Meeting of the Board of Public Works reconvened in Room 16 , Municipal Building at 8 :20 P. M. In response to the Chairman's request , Superintendent Louanis reported he had a conversation with Representative Barrett who indicated he had no knowledge of any problem alluded to by Mrs . Matthews at the previous week' s meeting and discussion with the engineering firm of Camp, Dresser and McKee that would preclude the Town of Reading obtain 50% State Funding in connection with the water study . The Board signed the following: Bill Roll dated March 14 , 1980 Payroll for the period ending March 7 , 1980 , and Contract 80-1 - Inspection and Sealing Sanitary Sewer Mains . It was moved, seconded and voted to table action on letter from Latham and Latham, P . C . regarding Definite Plan of Warren Avenue Extension until the meeting of March 17th, 1980 . Letter from the Department of Environmental Quality Engin- eering dated February 29 , 1960 concerning Sodium in Drinking Water was accepted as a point of information. The Board reviewed the poll taken at the sewer hearing, as follows : In Favor Opposed Non-committal Border Road 8 1 1 Breton Circle 4 O 0 Bunker Avenue 0 3 1 ' West Street 1 0 0 D Street 5 1 0 South Street 1 0 0 B Street 4 0 0 F Street 4 0 0 Beacon Street 4 0 0 Minutes - continued March 10, 1980 ' It was moved , seconded and voted to approve the construction of the sewer on Border Road and assess betterments accordingly. It was moved , seconded and voted to approve the construction of the sewer on Breton Circle and assess betterments accordingly. It was moved , seconded and voted not to approve the construction of the sewer on Bunker Avenue. It was moved , seconded and voted to approve the sewer construction on West Street to assess better- ments accordingly . It was moved , seconded and voted to approve the sewer construction on D Street and assess betterments accord- ingly. It was moved , seconded and voted to postpone action con- cerning sewer construction on South Street until a more represen- tative vote has been obtained . Mr . Cowell moved to go into executive session to discuss possible legal action against the Town and to reconvene in open session later in the evening. The Chairman polled the Board as follows : Mr . Fallon - In favor Mrs . Wood - In favor Mr. DeHart - In favor Mr. Cowell - In favor Mr. Price - In favor Meeting reconvened in open session at 9: 55 P . M. and the Board met with David Blake, Vice-President of Weston and Sampson Engineers, Inc . The Chairman introduced Mr . Blake to members of the Board stating that Mr . Blake had been invited to the meeting in the hope of resolving the cost overrun on the interceptor sewer and street sewer inspection contract . The Chairman gave the floor to Mr. Blake who gave a short summary of the project going back to the design on the interceptor sewer, the filing for federal funds for the street sewers and the design of the street sewers , the inspec- tion contract for the street sewer and the interceptor sewer con- tinuing through to the eventual overrun of inspection costs in particular due to the failure of the contractor to complete work on time and the requirement of the State to have an inspector on each construction crew when in the opinion of Weston and Sampson it was not necessary. A general discussion ensued relative to the details of this project . Mr. Blake stated he believed that the ' letter of February 27th, 1980 from the Environmental Protection Agency constituted the final offer to the Town (copy attached) and that he did not believe it would be to anyone's advantage to appeal the decision because the legal costs would probably outweigh any financial gain even if the appeal was successful. Mr. Blake re- quested the Board consider picking up the difference between the E . P . A . offer and the amount invoiced to the Town by Weston and Sampson Engineers , Inc . on April 30, 1979 . Mr. Cowell indicated he felt that the contract with Weston and Sampson was very clear and that correspondence with Weston and Sampson reinforced the idea that any amendment to the engineering contract must be approved by the E. P. A. and the state. Therefore, he moved to pay Weston and Sampson Engineers , Inc . , in accordance with the letter from E . P . A. Mrs . Wood seconded but the motion was de- feated by a vote of 3-2 with Mr. Cowell and Mrs . Wood voting in the minority.The Chairman suggested that it might be proper to make some kind of a compromise in which the $9 ,000 liquidated ' damages could be paid to Weston and Sampson Engineers, Inc . if and when it was available after the pending arbitration had been resolved . The Superintendent suggested that the interest of the Board was to consider whether or not Weston and Sampson Engineers , Inc . did provide the service and .make a determination on that , not contingent upon what someone else might do in the future . Mr . DeHart felt the Superintendent 's comments were appropriate and consideration for the Board was to determine whether Weston and Sampson Engineer's Inc . provided the engineering service for which they were requesting payment . Mr . DeHart then moved that the total sum to be due and payable to Weston and Sampson under the June 29, 1976 Agreements , as amended by the June 26 , 1978 Agree- ments , for the period through November 30, 1978 and billed April 30, 1979 be $160,582. 10 to be reduced by the eligible cost of $130, 000.00 set forth in the U. S . Environmental Protection Agency's February 27, 1980 letter and that the total additional ' amounts due Weston and Sampson for post-November 30, 1978 work be as set forth in said February 27, 1980 letter and that Weston and Sampson execute all releases or other documents required by Town Minutes - continued March 10, 1980 Counsel to effectuate said vote . Mr. Fallon seconded the motion . The vote was as follows : Mrs. Wood and Mr. Cowell opposed , Mr. Fallon and Mr. DeHart in favor, Mr . Price in doubt so the motion lost . Mr. Price asked Mrs . Wood what her reasons were for being opposed to the motion. She stated she would like to see the motion in two parts as she was in favor of one part but not an- other . Mrs . Wood then moved that Town Counsel be directed to take all necessary steps to see that Weston and Sampson be paid all or a substantial part of all sums voted . It was seconded and voted 5-0. The Chairman stated he was in doubt as to the status of Mr. DeHartIsprevious motion and asked for a motion fm reconsideration. Mr. DeHart moved , Mr . Fallon seconded that the previous motion be reconsidered and it passed 5-0 . The Chairman stated we are voting on Mr . DeHart ' s previous motion. Mr. Cowell and Mrs . Wood voted negative , Mr . DeHart , Mr. Fallon and Mr . Price voted in favor ' therefore the motion carried . Mr . Price thanked Town Counsel and Mr. Blake for their assistance in this matter. Meeting adjourned at 12:30 A. Ms�,es,.t\ RS fully ubmittets d" � ecretar A si UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION I J.F.KENNEDY FEDERAL BUILDING, BOSTON,MASSACHUSETTS 02203 FEB 27 1980 E, Roger Loomis, Superintendent Board of Public Works RE: C-250401-01 Town Hall Town of Reading, MA Reading, MA 01876 Dear Mr. Louanis: We are writing in response to your Toxo Counsel's letter of January 25, 1980 regarding the issue of engineering fees on the above-referenced project. We have thoroughly considered your Counsel's arguments on this matter, but still believe that our offer, as outlined in our November 8, 1979 letter, is an equitable one with the exception of costs for work after NOV3mber 30, 1978. The allowance offered in our letter represents an upset limit. The work will be reimbursed on a cost-plus-fixed fee basis (at an overhead rate of 1.73) once labor and other direct costs are finalized: - TOTAL COST ELIGIBLE COST Up to 11/30/78: $142,000 $130,000 Post 11/30/78: 7,500 6,900 If- you have any questions, contact this office at 223-7213. Sincerely yours, Anthony V. 'Sepal=, Chief MA Engineering Section Municipal Facilities Branch cc: MA WRC Tyler & Reynolds (H.T. Cohen) Weston & Sampson (D. Blake) TOWN OF READING OFFICE OF E. ROGER wV.vna, suw.I�ImaMl BOARD OF PUBLIC WORKS MUNICIPAL BUILDING •�aeeet READING. MASS. 0I837 MASSACHUSETTS COMMONWEALTH OF MASSACHUSETTS Middlesex , as . The undersigned , Board of Public Works of the Town of Reading , in compliance with the provisions of the General Laws , Chapter 80 , as amended by Chapter 63 of the Acts of 1933 , hereby certify that the lists herewith contain the anmes of persons a- gainst whom we have made betterment assessments to- gether with the location of the land benefited by 9 the improvement and the nature and amount of such Lbetterments assessment. Sewer House Connections $ 1 ,072.90 Such list is certified to you for the purpose of committing the same to the Tax Collector, as pro- vided by law . WITNESS our hands this thirty-first day of March 1980 A.D . _Chairman Secre ry R See Commitment Sheet For List