Redevelopment Commission approves $780 invoice, discusses SEH amendment and Norfolk Southern fencing on Mark Freeway Trail

The Redevelopment Commission approved payment of invoice number 479623 for $780.01 related to environmental compliance work on the Mark Freeway Trail Phase 1B and voted to approve an amendment increasing SEH’s construction engineering contract by up to $5,000, a staff member said.

The payments and contract change matter because SEH is the engineer of record for the trail’s construction and the invoices cover professional time for environmental and construction-phase work, commission staff told the panel.

Commission discussion centered on two issues: whether the invoice and the amendment were within the project scope and how to respond to Norfolk Southern’s request for fencing where the trail passes under and along the railroad trestle. Tina (town staff) summarized Norfolk Southern’s comments, saying, “I believe the height that they’re asking for is an 8 foot fence along that entire corridor.” She presented two aesthetic options for the commission to consider: an all-wood 8-foot fence or a hybrid with the lower roughly 4 feet wood and the upper 4 feet chain link to preserve the view shed while meeting the railroad’s height requirement.

Commissioners and public commenters raised questions about responsibility for drainage work and who bears the cost of additional engineering time. Tina explained that SEH’s invoice for $780.01 reflected staff time spent working on the environmental compliance document and that she had reviewed the invoice and deemed it payable under the project scope. The commission then moved and seconded the payment; a roll call recorded “yes” votes from members named in the minutes.

On the SEH amendment, staff said the requested increase — described as “not to exceed $5,000” — covered SEH’s time as engineer of record to review drainage changes that arose during recent work on Phase 1A. The amendment raises the SEH construction-phase total to approximately $13,006.50, staff said. A commissioner moved to approve the amendment and it was seconded; the commission approved the amendment so SEH could finalize its invoice.

On fencing, Tina said Norfolk Southern’s concern is safety and unauthorized access to railroad property, and that part of the corridor beneath the trestle would be fully caged so that falling material from trains would be contained. She said staff would obtain prices for the all-wood option and the hybrid wood-plus-chain-link option and return with cost estimates. The commission did not adopt a final design but directed staff to get pricing and negotiate alternatives with Norfolk Southern and, where applicable, National Park representatives regarding fencing along park property.

During public comment, resident Connie Sikora questioned paying additional engineering fees after design-related drainage issues surfaced. Sikora said she believed contractors who cause problems should be responsible for fixes rather than the town paying additional fees; staff and other residents disagreed about whether the design or site changes caused the issue and emphasized the distinction between the trail drainage problem and wetlands on separate town-owned parcels.

Staff also described an improved invoice-handling process: going forward the clerk’s office will be provided invoice numbers during meetings and a consolidated claims binder to speed payment processing.

The commission’s next steps are to collect fence pricing for both material options, negotiate with Norfolk Southern and National Park authorities where the railroad requests fencing on park land, and finalize SEH’s billed work now that the amendment has been approved.

Less urgent: the commission noted other project administration tasks, including clarifying which party will bear costs for future drainage work and scheduling a presentation from the project director in September on vendor quotes for related work.