Thumbnail for Hardwick, MA Board of Selectmen Meeting 9/11/23

Sewer Project OPM, Storm Response, Appointments, and Town Operations

Original title: Hardwick, MA Board of Selectmen Meeting 9/11/23

These meeting notes are AI-generated and unofficial. They are provided for convenience and are not official Town records or approved municipal minutes. Verify all details using the source video and official Town documents.

Meeting details

Date

September 12, 2023

Duration

29m

Decisions

3 recorded

Action Items

5 assigned

Summary

The Hardwick Board of Selectmen meeting on September 11, 2023, addressed concerns regarding the Request for Qualifications for an Owner's Project Manager for the sewer project, with a visitor questioning state law compliance and funding, leading to a decision to place the item on the next agenda. The board also acknowledged the Highway Department's swift response to a recent storm. Routine business included approving meeting minutes, reviewing departmental reports, and discussing various town initiatives such as the Trail of Treats event, wastewater plant bids, and exploring new building heating options. A significant portion of the meeting involved a discussion about the appointment of Mr. Romano to the Community Benefit Agreement, which was deferred to the next agenda pending a legal opinion due to a raised conflict of interest and concerns about politicization. The meeting concluded with a brief observance of September 11th.

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Discussion Highlights

A visitor raised concerns about the Request for Qualifications (RFQ) for an Owner's Project Manager (OPM) for the sewer project, citing state law requiring an OPM for building projects estimated at $1.5 million or more.
A board member clarified that the USDA considers DPC (the engineering firm) to be the OPM, but the board desires a separate liaison for accountability.
The USDA has relaxed its requirement for a separate OPM, but the visitor emphasized the state law mandate.
The board agreed to investigate OPM qualifications and place the RFQ on the next week's agenda for further discussion.
A visitor commended the Highway Department and Marty for their quick response to a tornado/microburst on Friday evening.
A resident recounted a challenging incident involving large tree branches blocking a road and power lines after the storm.
The 'Trail of Treats' event is scheduled for Saturday, October 28th at 5:30 PM, with a rain date of Sunday, October 29th.
Monthly reports from the Library, Police Department, Highway Department, and Fire Department were received for review.
The Wheelwright Wastewater Treatment Plant bid went out on September 5th and is due back on October 18th at 9:00 AM.
Approved Highway Department job postings have received no applications as of last week.
The board is exploring new heating options for the building, with RJ McDonald scheduled to provide a quote.
The Town Manager conducts segments on WARE radio (97.7 FM) on Thursdays at 8:45 AM.
The municipality opposes new draft Cannabis Control Commission regulations, which are seen as impeding local jurisdiction and potentially removing Host Community Agreements.
A formal ribbon-cutting ceremony for the Central Mass Rail Trail extension is scheduled for September 26th.
Discussion was initiated regarding Mr. Romano's application for appointment to the Community Benefit Agreement (CBA).
A conflict of interest was raised concerning Mr. Romano's appointment, citing an email implying political reasons related to a landfill.
Concern was voiced that the appointment process was becoming overly politicized.
A department head meeting was suggested, with the new member (Eric) offered the opportunity to host.
The Capital Planning Committee has a meeting scheduled for next week, with submissions for needs and wants received from departments.

Transcript (3,210 words)

Lightly cleaned for readability. Each timestamp opens the video at that point.

00:00:11
To the Republic for which it stands one nation under God indivisible with liberty and justices throughout the next thing is visitor comments
00:00:30
I got a comment I don't know if you want to wait till the end about the RFQ that's going on we could talk about it later we can talk about it now I don't care that's so Eric sent me this draft copy of the
00:00:50
RFQ for the it's really oh people with OPM or operation owner project manager yeah so I did some digging around on it
00:01:12
And I don't I'm not sure if you're aware or not but it is a state law that you've got to hire one of these guys and I don't know maybe you've got this maybe that's just a state guideline
00:01:33
Thank you now what kind of bugs me about this a little bit is USDA should have known this the question is where where is the money going to come from well initially it was in the documents or the USDA to have one yeah
00:01:52
Well so are you talking about the the oversight 65 000 a year oversights anymore yeah well so that in the letter of conditions talks about that but so that's under financial and Sewer
00:02:12
Management oversight this as required in the original word letter of conditions you were required to contract with independent third parties for annual oversight of one town accounting and financial practices and two for management oversight for the operation of the sword that
00:02:31
If I remember right was really a guy that was supposed to oversee it once it was completed correct this what you're asking for is somebody to oversee the construction right so not even oversee it though Eric what we're looking for is a liaison between the project and the town not someone that's

[00:00:11] to the Republic for which it stands one [00:00:15] nation under God indivisible with [00:00:18] liberty and justices throughout [00:00:25] the next thing is visitor comments [00:00:30] I got a comment I don't know if you want [00:00:33] to wait till the end about the RFQ [00:00:35] that's going on we could talk about it [00:00:38] later we can talk about it now I don't [00:00:39] care that's [00:00:43] so Eric sent me this draft copy of the [00:00:50] um RFQ for the [00:00:54] it's really oh people with OPM or [00:00:57] operation [00:00:58] owner project manager [00:01:02] um [00:01:05] yeah so I did some digging around on it [00:01:11] um [00:01:12] and I don't [00:01:15] I'm not sure if you're aware or not but [00:01:17] it is a state law that you've got to [00:01:19] hire one of these guys [00:01:23] um and I don't know maybe you've got [00:01:25] this maybe [00:01:27] that's just a state guideline [00:01:33] thank you now what kind of bugs me about [00:01:37] this a little bit is [00:01:42] USDA should have known this the question [00:01:44] is where where is the money going to [00:01:46] come from well initially it was in the [00:01:49] documents or the USDA to have one yeah [00:01:52] well so [00:01:54] are you talking about the the oversight [00:01:56] 65 000 a year oversights anymore yeah [00:01:59] well so that [00:02:01] in the letter of conditions talks about [00:02:04] that [00:02:06] but [00:02:09] so that's under financial and Sewer [00:02:12] management oversight this as required in [00:02:14] the original word letter of conditions [00:02:16] you were required to contract with [00:02:17] independent third parties for annual [00:02:20] oversight of one town accounting and [00:02:22] financial practices and two for [00:02:25] management oversight for the operation [00:02:27] of the sword [00:02:29] that [00:02:31] if I remember right was really a guy [00:02:34] that was supposed to oversee it once it [00:02:36] was completed correct this what you're [00:02:39] asking for is somebody to oversee [00:02:41] the construction right so not even [00:02:44] oversee it though Eric what we're [00:02:45] looking for is a liaison between the [00:02:48] project and the town not someone that's [00:02:50] going to micromanage the project per se [00:02:53] but just some accountability [00:02:55] for for us you know for the town [00:02:59] well I get that which you shouldn't have [00:03:01] but everything it actually goes far [00:03:03] beyond that when you look at the mass [00:03:06] that deals with the ppcs are owners [00:03:08] project manager [00:03:10] law [00:03:13] um I'll just read the first two [00:03:15] sentences of it it just says effective [00:03:17] July 19 2004 chapter 193 the acts 2004 [00:03:20] let's send in the new provision Mass [00:03:22] General chapter 149 which governs public [00:03:25] bidding procurement the new provision [00:03:27] requires and they've highlighted it in [00:03:30] the other line that requires public [00:03:32] awarding authorities to engage the [00:03:34] services in an owner project management [00:03:36] on all building projects estimated at a [00:03:38] cost of 1.5 million or more so [00:03:43] required to have a [00:03:46] if you want to call it a clerk of the [00:03:47] works or whatever you want to call but [00:03:48] everybody calls it this OPM guy person [00:03:52] to oversee the actual construction of it [00:03:55] which is what you find [00:03:58] read it right that's what we're trying [00:03:59] to want to gather information and put [00:04:02] out find somebody to do that it also [00:04:05] says at the end of that that you can [00:04:07] actually hire somebody from internally [00:04:09] provided that they meet all the [00:04:11] requirements [00:04:14] but if you're going to put it out so [00:04:17] so I think [00:04:21] acting on the premise that PPC is in [00:04:24] fact that person well so that we as a [00:04:27] town as a board want someone to act as a [00:04:30] lazy [00:04:31] the liaison between them and us and just [00:04:36] you know keep everybody here keep track [00:04:39] and keep track of everything right which [00:04:42] you should have the thing is DPC is the [00:04:45] is the oversight [00:04:47] um [00:04:48] an APC has an oversight element of this [00:04:52] this is an independent it's required to [00:04:55] have an independent third party [00:04:57] and that's what we're talking about [00:04:59] right there right so this goes with I [00:05:03] mean you have TPC in the engineering you [00:05:05] got DPC acting as the oversight of the [00:05:08] contractor that's what they're supposed [00:05:10] to do but then you have to have this OPM [00:05:13] guy person right it's an oversee [00:05:17] everywhere right and I think if I may [00:05:20] what we've been looking for is [00:05:23] how to [00:05:24] ask for that [00:05:28] so [00:05:30] I dug around and this is the town of [00:05:32] situation [00:05:34] and the reason I copy this is because [00:05:36] this is for the construction of a 25 [00:05:39] million dollar wastewater treatment [00:05:40] facility so just a few million less than [00:05:44] what we're talking about but that gives [00:05:47] you an idea of what [00:05:49] and there's also another 15 pages of [00:05:53] forms that go with it I didn't make all [00:05:55] that [00:05:56] but that gives you an idea of what [00:05:59] I think this should look like [00:06:03] um [00:06:05] I don't know I'm not trying to make it [00:06:07] work but what I would do is I put this [00:06:09] in some program and I would change the [00:06:10] situation Hardware [00:06:14] um [00:06:16] so if we were using our own funding and [00:06:21] going out and getting our own you know [00:06:23] contractor we weren't using USA we [00:06:25] weren't using their money [00:06:28] um we weren't using you know DPC then we [00:06:31] would absolutely have an OPM we would [00:06:33] hire an OPM just like situate did to [00:06:35] oversee the everyday project [00:06:37] DVC is the OPM on this project I am an [00:06:40] mcppo I'm very well aware of what needs [00:06:42] to be done on what project and what [00:06:44] thresholds need to be you can't have you [00:06:46] can they absolutely are the OPM they [00:06:49] have two people on the ground we have [00:06:51] their resumes [00:06:52] they they're the board is choosing to [00:06:57] hire somebody to be a Lasik liaison USDA [00:07:00] has relaxed that requirement and is not [00:07:03] requiring them to do it I said to the [00:07:06] USDA the board still wants to have some [00:07:08] oversight they want to have a little you [00:07:09] know somebody just there kind of you [00:07:13] know keeping an eye and they said oh [00:07:14] well that's good we you know we were [00:07:16] fine with you not having it you can't [00:07:18] have DPC engineer it oversee the [00:07:22] contractors and then oversee their [00:07:24] overseeing of the contractors and the [00:07:27] engineers can't do it why can't you can [00:07:30] you tell me why well hey I think it's [00:07:32] state law number one [00:07:35] I wouldn't go against state law neither [00:07:38] with USDA [00:07:40] oh okay [00:07:42] well I think we're if I may break this [00:07:44] up we could we're agreed to be looking [00:07:48] for some [00:07:49] person to work for us [00:07:52] to look at this right or we want to go [00:07:55] back with with the qualifications right [00:07:59] to [00:08:00] with the with a certain degree of [00:08:03] qualifications that can oversee a [00:08:05] project yes yeah if we had a town [00:08:07] engineer we wouldn't have to go look for [00:08:09] this [00:08:14] and I don't want adults adults too deep [00:08:17] into this because it seems like this is [00:08:19] a whole You've Got a bigger like a whole [00:08:22] meeting thing [00:08:23] um [00:08:26] why don't we look at this okay [00:08:31] I would just find out for sure but [00:08:34] before you start reaching out with an [00:08:36] RFP that doesn't [00:08:39] work on tonight's schedule next week's [00:08:43] schedule okay [00:08:46] [Music] [00:08:59] through the comments [00:09:03] I I would love to we had a mini uh [00:09:09] tornado or a microburst come to our [00:09:13] block [00:09:14] and across the pond and from the [00:09:18] Greenwood Plains Road area and [00:09:22] um [00:09:23] knock down two old trees on the wires [00:09:27] and there was spaghetti wire everywhere [00:09:30] and I want to really commend [00:09:35] Marty and the highway department of this [00:09:38] town [00:09:39] they came in there it happened at 701 on [00:09:43] Friday evening and Saturday at 7 30 PM [00:09:48] we had power back [00:09:50] and uh the internet too and [00:09:54] um [00:09:55] I just watching the whole thing happen [00:09:59] between [00:10:00] uh that time it hit and 11 at night [00:10:05] in the dark [00:10:07] and having the tree company come and cut [00:10:12] down these huge [00:10:14] branches crossing the road holding the [00:10:17] wires down and Crossing below us it was [00:10:22] just amazing there it was better than [00:10:25] any athletic event and the final final [00:10:30] Act was Marty taking the chainsaw and [00:10:33] cutting the wires to clear the road so [00:10:37] it was great thank you and he got rich [00:10:40] Clinton to help him with that yeah [00:10:46] I went out there today obviously [00:10:49] serious business you got hit real hard [00:10:52] in here [00:10:55] how did he cut the wires put the [00:10:58] chainsaw seriously seriously Sparks and [00:11:02] everything it's technical yeah [00:11:04] the power was off but [00:11:11] It's Not Dead [00:11:15] the yellow the guy in the yellow truck [00:11:17] he says it's live it's still live until [00:11:20] it says it's dead but I'm sure it was [00:11:22] dead oh yeah otherwise he'd be there [00:11:25] exactly [00:11:26] and so we're a bunch of other [00:11:29] it was incredible [00:11:33] thank you anyone else [00:11:37] okay uh new business [00:11:42] trail of treats on Saturday October 28th [00:11:45] 5 30 p.m rain date Sunday the 29th same [00:11:51] time [00:11:55] um Lauren Mays did say that she reached [00:11:57] out to the Chief and he was okay with [00:11:59] those times [00:12:01] as long as we were [00:12:04] okay yeah [00:12:09] sounds good to me [00:12:22] [Applause] [00:12:25] thank you [00:12:27] all right any other new business [00:12:33] um all right so meaning that [00:12:36] I'm gonna detective session for 8 20 23. [00:12:53] 23 [00:13:01] it [00:13:02] and any more discussion [00:13:07] [Music] [00:13:10] um [00:13:18] from August 28th [00:13:21] um in regular Open Session [00:13:30] okay old business [00:13:33] we have none [00:13:36] uh many reports I got one from the [00:13:40] library [00:13:43] Department [00:13:51] s [00:13:54] Highway Department [00:13:56] Fire Department [00:14:20] you guys want to discuss [00:14:27] thank you for putting those together if [00:14:30] anybody's here [00:14:40] Channel changes if anybody's interested [00:14:43] they can come in [00:14:48] the report Nicole [00:14:53] the wheel right wastewater treatment [00:14:54] plant went out to dinner Wednesday [00:14:55] September 5th they're due back October [00:14:57] 18th at 9 00 a.m [00:15:00] um we already advertised for submitters [00:15:02] and general contractors or Gilbertville [00:15:04] you got those results [00:15:05] uh the repayment is still being [00:15:07] discussed as is the oversight [00:15:10] um [00:15:11] and that's basically it for the USDA [00:15:15] you approved jobs for Highway the last [00:15:18] meeting they've been posted [00:15:20] the full descriptions on the website we [00:15:24] well we hadn't had any applications as [00:15:27] of last week I I didn't see anybody [00:15:29] today but if anybody is looking or [00:15:32] anybody knows anybody that is a Highway [00:15:35] you know worker you could really use [00:15:38] some help [00:15:40] um we're exploring your heating options [00:15:42] for this building we're going to have to [00:15:45] deal with this heating system this year [00:15:46] RJ McDonald is coming out next week I'm [00:15:49] still waiting to hear from a couple [00:15:51] other contractors [00:15:53] um I as we know are maybe you don't know [00:15:57] I haven't put these on but I I do Town [00:16:00] manager segments on War [00:16:02] I rotate with four other managers and [00:16:06] mine for September and October September [00:16:10] 14th and October 19th it's at 8 45 a.m [00:16:14] on Thursdays that's the town manager [00:16:16] segment on 97.7 [00:16:20] um last Friday there was a cannabis [00:16:22] Control Commission public hearing [00:16:24] regarding new drop regulations cities [00:16:26] and towns in Mass are opposed to draft [00:16:27] regulations as they impede the local [00:16:29] jurisdiction we said whereas written [00:16:31] testimony [00:16:33] um you know to at least not retro and [00:16:35] take away the current hcas that we have [00:16:39] with cannabis companies we only have one [00:16:42] but it's not gone into effect yet but [00:16:45] they will possibly be taking a three [00:16:47] percent away from us [00:16:50] um and there'll be a former ribbon [00:16:51] cutting for the extension of Central [00:16:53] Mass realtor at the end of September I [00:16:55] just heard this afternoon that there [00:16:57] will be invitations going out it's going [00:16:59] to be September 26th to Tuesday no time [00:17:02] yet [00:17:04] and then everything else is uh [00:17:06] just on the phone [00:17:09] [Music] [00:17:12] oh yeah I think for signatures I just [00:17:15] have one for you to sign up to reimburse [00:17:18] them for me because I can't sign my own [00:17:19] reimbursements [00:17:21] this week [00:17:33] thank you [00:17:39] oh I was thinking over the weekend that [00:17:42] we haven't had one of our our meetings [00:17:45] with department heads in a while and I [00:17:49] think I was due to be next but I don't [00:17:52] know if you would like to hold one as a [00:17:55] new member you've been to one that I've [00:17:58] done you know just kind of casual and if [00:18:00] you bring cookies they come [00:18:06] all right [00:18:08] but if you want to maybe coordinate a [00:18:10] date with the cold I think we normally [00:18:13] did it here [00:18:15] today oh Wednesday it doesn't matter [00:18:17] whatever works for you Eric yeah [00:18:20] um at three so that it's not you know [00:18:23] making everybody stay tuned lunch right [00:18:27] there you go [00:18:29] I was thinking that over the weekend [00:18:31] that we haven't done one of those in a [00:18:33] while [00:18:34] might be a good idea that's the only [00:18:36] thing you think [00:18:43] Capital planning committee we're going [00:18:46] to have a meeting next week we have a [00:18:48] bunch of [00:18:50] submissions of needs and wants [00:18:55] our course have sent out kind of a [00:18:58] simple chart what take all the [00:19:02] Departments and [00:19:04] um [00:19:05] you know the listing the priority [00:19:09] years estimated costs in round figures [00:19:13] just a way to start looking at what we [00:19:16] will need over the next year or the next [00:19:19] 10 years [00:19:20] so I thought it has to select [00:19:24] we could we should submit something that [00:19:27] we'd like to say we need to we could [00:19:30] just say [00:19:31] move water treatment facilities [00:19:35] millions of dollars ASAP in advance [00:19:39] something like that but I feel like I'd [00:19:42] give you a chance to put in something [00:19:45] send it to me if you want and I'll bring [00:19:48] it to the meeting [00:19:54] all right let's react there's a bunch of [00:19:57] stuff [00:20:03] I have nothing to add so [00:20:07] this thing is in German [00:20:09] I'd like to bring up Mr Romano he's here [00:20:14] hoping to be appointed to the [00:20:18] cba's application [00:20:21] I I have to tell you now [00:20:25] I feel it's a conflict because I got a [00:20:27] email from somebody saying this is [00:20:31] so so you feel you're conflicted and not [00:20:35] be able to a point well the way the [00:20:38] email was sent to me that [00:20:50] that's not true you can ignore it [00:20:53] well [00:20:55] then I'm like well to be honest I've had [00:20:59] someone Reach Out wondering if we were [00:21:01] going to have a conversation about that [00:21:02] again and I think it should be on the [00:21:04] agenda if we're going to have a [00:21:06] conversation about it again okay and to [00:21:09] address any anyone that has requested I [00:21:12] I just think it should be on the agenda [00:21:14] because that's what I told that person [00:21:15] that you know if we were going to [00:21:17] discuss it again it would be visible yes [00:21:21] okay [00:21:22] I understood [00:21:23] caution but you know I hope we don't get [00:21:27] politicized into the point where we [00:21:30] can't act on anything and it doesn't all [00:21:33] have to do with various [00:21:36] people are certainly making it that way [00:21:38] yeah people are trying so [00:21:41] yes they are it's just it kind of throws [00:21:43] the curve off sometimes what you're [00:21:45] trying to do [00:21:47] um [00:21:50] such maybe maybe we could get some [00:21:53] opinion on that and [00:21:55] um you know legal opinion on that and [00:21:57] then have it on our next agenda [00:22:03] do we have it it's not critical of your [00:22:06] time CBA [00:22:07] no it was as far as I know there's [00:22:10] nothing [00:22:11] been brought up about the zba as far as [00:22:15] that's concerned when's our next meeting [00:22:17] two weeks [00:22:23] [Music] [00:22:29] just to make sure it's on the next [00:22:31] meeting [00:22:33] um [00:22:46] listen it's gonna just use the being a [00:22:49] political reason [00:22:51] I feel it's doesn't [00:22:53] matter what [00:22:56] they make emotions [00:23:00] any discussion [00:23:03] aye [00:23:13] hi [00:24:47] there's not a lot of business going on [00:24:49] in usually August so just this fall is [00:24:53] a bit bigger wow [00:24:57] that's that I'm saying that we have [00:25:00] another abbreviation [00:25:03] okay thank you thank you yeah thank you [00:25:07] so [00:25:08] happy 9 11. yeah that's right I thought [00:25:12] you were gonna say something no [00:25:14] no just start tearing up anyway yeah huh [00:25:18] we should have had a moment of silence [00:25:20] well we're at half man we are just until [00:25:24] just until sunsets [00:25:26] the police do it for us because they're [00:25:29] here 24 7. so sometimes it's weekends [00:25:33] it's mandated I got any I get an email [00:25:35] it's only mandated on off I mean state [00:25:38] buildings and town halls [00:25:40] oh that's good that's good we're fire [00:25:44] stations draped in Black for a year [00:25:47] couldn't drive around couldn't commute [00:25:49] back uh [00:25:51] yeah but I should have I would have [00:25:55] dropped the one on the memorial yeah [00:25:58] it's only the time calls are only [00:25:59] required I ask sometimes if the police [00:26:01] do it for everybody but they don't yeah [00:26:05] YouTube [00:26:54] foreign [00:29:15] thank you [00:29:18] [Music]