[Rich, 23:43]
Session 10 Notes - it's getting hot in here

• Just before the session started, I received a phone call and had to leave to handle a minor family emergency. I was finally able to get back to the meeting at 22:00.
• Upon returning, I was told that all the budgets had been passed and that Mr. Foskett was just finishing up the initial Capital Planning Committee report presentation. I talked to some people after the session and was told that the FinComm budget recommendations had been passed as printed with the exception of a $13,000 increase in the Police budget for an additional part-time parking enforcement officer whose cost will be offset by the additional parking ticket revenues resulting from the extra work.
• Article 47 - Capital Budgets
  • Mr. Foskett was wrapping up his initial presentation on the CapPlanComm report as I arrived.
  • Mr. Foskett said Mr. Maher and Ms. Donovan would discuss the Pierce Field items in Section 3 of the recommended vote.
  • Mr. Maher said that the actual bids on the athletic improvements (as opposed to the remedy work) came out about $492,000 over what the Industrial Parties (IPs) had agreed to pay, resulting in the appropriation request.
  • Ms. Donovan recapped the site's history. She said all environmental aspects had been completed by December 2004 and that the little remaining work at the DPW yard would be finished by September 2005. She said there was 24-hour real-time air quality monitoring and that unsafe levels were never observed on or near the site, that exposure to contamination is now eliminated, and that the remedy was minimally disruptive to education.
  • Mr. Maher recapped the 2001 agreement with the IPs and said it was the Town's position that the IPs are responsible for all remedy expenses in excess of the $7,200,000 agreed upon. He also noted that nothing he or Ms. Donovan said before us could be used against the Town, persuant to a written agreement with the IPs. He said that in 2004 the parties agreed to defer any dispute resolution and that the IPs agreed to pay $1,750,000 of the $2,000,000 cost of replacing the Mill Brook culvert under the field and also agreed to front some athletic improvement money in lieu of post-construction partial reimbursement of a field house. Mr. Maher then listed the $6,000,000 in overruns, which are all subject to dispute resolution. He also noted it was decided to replace the Mill Brook culvert now rather than leaving it to collapse in the future, requiring a large expense of penetrating the engineered barrier.
  • Mr. Tully asked of the Town could be liable for the entire $6,000,000. Mr. Maher said anything is possible but that it would be "very unlikely". Mr. Tully asked what the dispute process would be. Mr. Maher said first the Town and IPs would discuss the issues themselves, then if that failed, they would discuss the issues with a mediator, then if that failed they would go to either binding arbitration or litigation. Mr. Tully asked where the $6,000,000 would come from. Mr. Maher said the Town's exposure was minimal and that since the dispute resolution process would take two to three years, there would be time to plan.
  • Mr. Deyst said he was shocked to find out that $6,000,000 of overruns due to "choices" had accumulated and asked how things got out of hand. Mr. Maher said he did not agree the overruns were due to choices and that the IPs and not the Town managed the project and that the Town has not yet paid anything, though the Town was in constant discussions with the IPs. Mr. Deyst said it looked like most of the overrun was due to choice items. Mr. Maher said one must distinguish between remedy work and choice work. He said the remedy work is what was $6,000,000 over and that the choice work was only over by the $492,000 being asked for in the vote. He said there were no choices about the remedy -- that the original remedy work agreed to was carried out, but came in $6,000,000 over budget.
  • Mr. Dumyahn asked for the name of the company that did the air quality monitoring. Mr. Maher, going back to Mr. Deyst's question, said that the Town is contesting how the IPs ran the project and contends that the IPs did not run it well, contributing to the overrun. He also introduced Thor Helgasson, one of the consultants to the Town. Mr. Helgasson said the company is Air Logics LLC of Norwood, who did the monitoring and reported it to the IPs and that the monitoring records are publically available. Mr. Dumyahn asked if monitoring was done for hexavalent chromium and hydrocarbons. Mr. Helgasson said monitoring was done for hexavalent chromium, particulates, and BHA.
  • Mr. Garballey asked how long the $6,000,000 was known about and wished he know about it when he was elected. Mr. Maher said it was known in late fall 2004 and January 2005.
  • Mr. Leonard asked if there was a maintenance agreement on the work. Mr. Nangel, the Town's licensed professional for the work, said that the remedy improvements are covered by a thirty year performance warranty backed by monies set aside for the purpose, while non-remedy improvements were backed by manufacturers'/installers' warranties. Mr. Leonard asked if Town Meeting would be asked for more money to fix problems on the work. Mr. Nangel said it would not be for the remedy items due to the set aside funds and should not be for the non-remedy items because of their warranties.
  • Mr. Holman asked when the Mill Brook culvert was put in. Mr. Nangle said original work happened in the 1920s and it was finished in the 1960s. Mr. Holman asked if various water authorities were responsible. Mr. Nangle said the culverting was an MWRA project and that the culvert replacement was a separately negotiated item outside of the remedy. Mr. Holman asked if the culvert work was part of the $6,000,000. Mr. Nangel said it was not.
  • A man from Precinct 20 (I think either Mr. Nauman or Mr. Putnam) asked if there was a process for ensuring the quality of the work done. Mr. Helgasson said there was and that a third party has been doing various tests. The original questioner asked what the monitoring plan is and what happens if further hazards are identified. Mr. Nangel said there will be a long-term monitoring and maintenance program. He said that while the remedy cost went up the remedy did not change and that the negotiated remedy also includes fixing problems that arise as part of the remedy. He also said that if something new comes up, that is still part of the remedy.
  • Mr. Abbott said the Board of Health should have received the air quality reports. Mr. Helgasson said the reports were submitted on a regular basis, were shared weekly with the Town, and that the BoH never asked for them.
  • Mr. Lavalle asked who oversaw the work for the Town. Mr. Maher said that he, Ms. Donovan, Mr. Sanchez, outside counsel, and various consultants did. Mr. Lavalle asked where the Town would get $6,000,000 from. Mr. Maher said talking about $6,000,000 was "not realistic" and that even in the worst-case scenario, the Town's liability would be "far less" than $6,000,000.
  • Mr. O'Riordan asked what the Town's reponsibilities were in the future. Mr. Nangle said part of the remedy is a document which spells out in great detail what the Town can and cannot do on the field, how to take care of it, and so on.
  • Mr. Doherty asked how lights, bleachers, etc. would be put through the barrier. Mr. Nangle said all the necessary posts, slabs, foundations, etc. have already been constructed, so no barrier penetrations are needed to finish the work.
  • Mr. Dumyahn asked if the DPW yard work was next. Mr. Nangel said it was. Mr. Dumyahn asked if the Town's liability would be greater for that phase. Mr. Nangel said the phase consists of digging up and hauling away for disposal some concrete boxes filled with dirt and that everything else is done. Mr. Dumyahn asked why the BoH did not request the reports. Mr. Maher said that there was nothing to report since there never were any adverse conditions.
  • Mr. Carreiro moved the previous question on the Pierce discussion. Debate terminated.
• Motion to adjourn approved.
• Adjourned at 23:00 to 16 June at 20:00.