With no public comment allowed, the Alna Board of Selectmen agreed Sept. 3 to pursue an amended contract with Hagar Enterprises Inc., the only contractor that responded for Alna’s request for bids for the snowplowing contract.
The board action followed a legal opinion that determined a vote at a Aug. 25 special town meeting directing the selectmen to offer a three-year contract to Hanley Construction Inc., which didn’t submit a bid, as void.
Alna selectmen called the special town meeting to raise $20,000 to cover the additional cost of a snowplowing contract with Hagar Enterprises. Alna voters instead approved an amended article offering the job to Hanley Construction, which Maine Municipal Association attorney Susanne Pilgrim said was far outside the scope of the article on the warrant, and thus void.
At the onset of the Sept. 2 meeting of the Alna selectmen, First Selectman David Abbott told the packed room the board would be conducting the town’s business with no interruptions and perhaps at the end of the meeting the board would allow public comment.
“This is the way it’s going to go,” Abbott said.
Third Selectman David Reingardt reminded fellow board members and residents that Hanley Construction submitted a bid for the 2014-2015 season, but withdrew its bid when asked to attend a meeting to discuss a $7,000 increase in the contract.
“He told us at that meeting, ‘you should go out to bid,'” Reingardt said. “So we did.”
Reingardt said Hagar worked hard on the bid and submitted everything the town requested and the town should award the bid to the contractor that submitted a bid.
“We voted to award it to him,” said Reingardt.
Reingardt said the board entered into a verbal contract with Hagar Enterprises and it could be considered binding, and could create legal issues for the town if not honored.
“I personally believe its my job is to protect the town,” Reingardt said.
Reingardt suggested changing the wording of the original contract to read, “This is a three-year contract, with years two and three dependent upon approval at the March 2015 annual town meeting.
Hagar Enterprises Vice President Seth Hagar, whom voters did not allow to speak at the special town meeting Aug. 25, was asked to speak by the selectmen Sept. 2.
“We are here to support the town,” Hagar said. “We are not here to be a bad neighbor.”
Hagar told the board his firm is concerned about the potential of extra scrunity following comments at the Aug. 25 town meeting.
“We take a lot of pride in what we do. We take the commitment very, very seriously,” Hagar said.
Hagar requested a week to review the changes in the contract language, but indicated he was receptive to the board’s changes. Hagar and the board plan to meet Sept. 10 with a goal to finalize the contract.
“Time is ticking,” Hagar said.
The board discussed how the town would pay for the first year of the contract, which totals $191,371, about $30,000 more than what voters approved at the March 2014 town meeting.
According to numbers discussed by the selectmen, the town has enough money in the snowplowing account to pay nearly five months of the six-month payment schedule.
The selectmen anticipate either taking the remainder from surplus or asking voters in March if additional funds are needed. The selectman agreed the town had enough money to fund the first year of the contract.
“I believe we have the authority to enter a one-year contract,” Reingardt said.
Hagar also told the board he might be able to present possible cost-saving measures, which might include a reduced price on sand and material handling.
After the board finished the discussion on the snowplowing contract, it voted not to allow any public comment and adjourned the meeting.
Second Selectman Jonathan Villeneuve said he understood selectmen’s meetings are open to the public and over the past three years the Alna board has been more than liberal by allowing conversation during board meetings.
Villeneuve went on to say the residents who spoke during the town’s special town meeting Aug. 25 presented untruths and misstatements and voted not to allow Hagar to answer questions regarding the snowplowing contract. He said the meeting was not a good representation of the town of Alna.
“If so, we’d be a bunch of back-stabbing individuals. I’m not going to be a part of that,” Villeneuve said.
Villeneuve then moved, for that night only, to disallow public comment. Both Reingardt and Abbott agreed.
