Hagar Enterprises Inc. will continue to clear Damariscotta roads through the winter, but does not want Damariscotta to exercise its option to extend the contracts.
The announcement follows a lively exchange between Damariscotta Board of Selectmen Chairman Josh Pinkham and Hagar Enterprises Inc. Vice Presidents Justin and Seth Hagar at a Feb. 10 selectmen’s meeting.
Damariscotta has two contracts with Hagar Enterprises, one for most town roads and one for the downtown area. The town has options to extend both contracts for two years at the current price of $194,244.27 per year.
Damariscotta Town Manager Matt Lutkus, at the Feb. 10 meeting, recommended that the town exercise the options and negotiate minor changes to the contracts.
The changes would include a $2,500 addition to the downtown contract to expand the work to formerly private property in the back parking lot. Damariscotta’s public works crew currently clears those areas.
Lutkus and Damariscotta Road Commissioner Steve Reynolds have said they approve of Hagar Enterprises’ performance and receive largely positive feedback from residents.
The option to maintain essentially the same price for two years “is a real positive,” Lutkus said.
Josh Pinkham and 2nd Vice Chairman Vicki Pinkham disagreed.
The Pinkhams have objected to Hagar Enterprises’ use of the town sand-and-salt shed to store material for other jobs.
They have also criticized the contractor’s performance, with Josh Pinkham blaming the contractor for “extremely hazardous” road conditions at times this winter.
The Hagars have defended their performance.
The company does a good job at a good value, maintains a good relationship with the town and responds to all complaints in a timely manner, according to Justin Hagar. The Hagars live in Damariscotta and care about the town and the condition of its roads.
“This is our town too, and we love to work for you guys,” Seth Hagar said. “We take great pride in it.”
The company has its own facility and does not need to use the town sand-and-salt shed, according to the Hagars.
The arrangement benefits the town, however, because the material substitutes for an expensive performance bond, according to the Hagars and Reynolds. More than 90 percent of the material in the shed is for the town contracts, Justin Hagar said.
Josh Pinkham thinks the town should request bids for the work to place all contractors “on an equal playing field” and “give everybody a fair shot,” he said.
“If your price is competitive and you’re confident in your price, it shouldn’t matter,” he said.
Hagar Enterprises also has the state contract for Business Route 1, which passes through downtown Damariscotta.
According to the Hagars, if the town decides to request bids and selects a new contractor for either of the town contracts, it could create conflicts between the contractors.
For example, one contractor might clear an intersection or sidewalk only to have another contractor pass through and push snow back onto the area.
The discussion of these logistics set off the exchange between Josh Pinkham and Seth Hagar.
The challenge of multiple contractors “is not our problem right now,” Josh Pinkham said.
“It is going to be your problem when you have issues downtown removing snow,” Seth Hagar said.
“We never had that problem before,” Josh Pinkham said. Earlier in the meeting, he had referred to conflict between contractors as the motive for the town to expand the scope of the downtown contract some years ago.
“You have had problems and you just admitted it, Josh,” Hagar said. “Now you’re looking foolish.”
“Seth, I’m warning you right now, if you cannot keep it civil, I’m going to ask you to leave,” Josh Pinkham said. “I’m not here to be on trial. I’m not here to be made fun of, and I’m not doing that to you, so give me the same respect.”
Seth Hagar said Josh Pinkham was “being hypocritical,” when Pinkham cut him off.
Shortly thereafter, Hagar asked the town to request bids for both contracts.
He is “not interested” in participating in “this type of working relationship with the board,” he said.
Hagar Enterprises would participate in the pre-bid process, Seth Hagar said, an indication the company would at least consider bidding.
Lutkus said the contractor cannot revoke the town’s options. He plans to consult the town attorney. The town will also start work on a request for bids, he said after the meeting.
The Hagars implied Josh Pinkham’s opposition to the contract stems from issues apart from town business.
“I think you and I both know this goes beyond this room,” Justin Hagar said.
“I don’t think it goes beyond this room,” Josh Pinkham said. “I think it’s contract-related.”
The Hagars then excused themselves and left the meeting.
Later, Josh Pinkham moved to request bids for the roads contract. The motion failed, 3-2, with Josh Pinkham and Vicki Pinkham in favor. David Atwater, Robin Mayer and Ronn Orenstein voted against the motion.
After the vote, Josh Pinkham and Vicki Pinkham addressed the exchange with the Hagars and the Hagars’ abrupt exit from the meeting.
“I don’t think we should have to use baby gloves to handle a contractor,” Vicki Pinkham said. “I don’t believe in coddling.”
Josh Pinkham said he is trying to do the best he can to represent the town.
“I think somebody else thinks there’s something else here, which there is not, so I’m sorry if things got out of hand tonight, but we’re moving on,” he said.
Seth Hagar, in an interview after the meeting, expanded on his brother’s comments about Josh Pinkham.
Josh Pinkham “holds a grudge against our family,” Seth Hagar said, and the selectman carries the grudge into his relationship with the Hagars as a town officer.
The Damariscotta Board of Selectmen removed Josh Pinkham from his role as chairman Oct. 15, 2008 as a result of another conflict with Hagar Enterprises.
At the time, Seth Hagar and then-Selectmen Ed Stelzer and Dave Wilbur said Pinkham allowed “personal differences” with the Hagars to affect his work as chairman. Pinkham denied the accusation.
Josh Pinkham’s actions, in 2008 and today, amount to “almost a form of bullying,” Seth Hagar said.
“He’s great for coming at somebody and saying no, but he does not provide any solutions,” Seth Hagar said.
Seth Hagar called the situation unfortunate. “Nobody is going to lose here except the citizens of Damariscotta, and that makes me sad,” he said.
The current scenario “is exactly why” the company secured a long-term contract in Nobleboro, Seth Hagar said.
Josh Pinkham responded to Seth Hagar’s comments in a separate interview.
“There is no personal grudge,” Josh Pinkham said. “I have no issues.”
As for the 2008 incident, “That’s their choice to bring up old things,” he said. “I’m trying to live in 2014.”
“The past is the past,” he said. “I’ve let go.”
“When I go to that meeting, I’m a representative of the community and I want what’s best for the community,” he said.
He also responded to Seth Hagar’s comment about not providing solutions. “I feel I bring a lot to the board and a lot to the town,” he said.
