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Planning Board 05/07/2026
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(Episode Description is AI generated and may be errors in accuracy)
A resignation letter kicks off a surprisingly high-stakes chain reaction: how does a town planning board replace an associate member fast, fairly, and in a way that holds up under public scrutiny? We walk through Raynham’s real process, from the 14-day notice to the Select Board to the shared advertising window, resume review, interviews at each board’s discretion, and a joint vote. If you’ve ever wondered how local government actually fills vacancies, this is the playbook, spoken out loud in a public meeting.
From there, we move into the kind of nuts-and-bolts decision that affects taxpayers for decades: road acceptance for Raynham Reserve and Raynham Preserve East. With input from highway and sewer leadership and ongoing review by town counsel, we talk about easements, deeds, pump station parcels, and what a Town Meeting vote really means. Our recommendation comes with a hard condition: the developer covers all legal fees and acceptance-related costs through final acceptance, not just what’s due before Town Meeting.
The most intense discussion centers on engineering services and contract structure. We debate scope creep, whether a large dollar-value document belongs in front of a part-time board, how RFQs and consultant agreements should be set up, and why “it’s developer money” still doesn’t excuse sloppy process. We also touch open meeting law boundaries around email and quorums, clarify where 40B project conditions live (hint: ZBA records), and end with a practical question for modern transparency: should the Planning Board run a Facebook page if comments become public record?
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Call To Order And Welcome
SPEAKER_06Okay. We're on the air, this is the Rainham Planning Board meeting May 7th, 2026, 6 p.m. Um you can watch it on Comcast Channel 98, Verizon channel 34, or Rainham Rayham channel, which subsequently does a video on YouTube, or you can come here in person if you choose. Calling the meeting to order. I'm Chris Gallagher. I'm presently the chairman. To my left is Anthony Atoliak Clerk. To his left is Brian Oldfield, a member. To my right, Pam Antonia, surf at Ref. And to her right is the new guy, uh Frank Winslow, which I think will be a good member. I've known Frank and like to welcome him to the board. Um the first thing I want to talk about before we go into the agenda is I received a letter from Matthew Andrade, who was our associate member. Matt just recently won the election for selectment. Um I think he'll do a fantastic job. He did a fantastic job on the planning board. Um I think I'm gonna miss him, and I know some of the board members have had time with him. He was on six years in total. Um so I have a letter from Matthew. Um 50 Christopher's Way in Rainham to both the Rainham Planning Board and the Rainham Selectman. Uh dear members of the Rainham Planning Board and Select Board. I said selectman, oh no, but it's incorrect. I am writing to formally notify both boards of my resignation from my position as associate member of the Rainham Planning Board, effective immediately, having recently been elected to the Rainham Select Board. I believe it is in the best interest of the town for me to step down from this role to avoid any potential conflict of interest between the two boards. Serving on the planning board has been one of the most rewarding experiences of my civic career. I am deeply grateful to my fellow board members for their teamwork, professionalism, and dedication to the town of Rainham. The knowledge I have gained through my years of service on this board has been invaluable, and I will carry those lessons with me as I begin this new chapter in public service. I have great respect for the important work the Planning Board does on behalf of our community, and I look forward to continuing to support Ringham's growth and development in my new role on the select board. Thank you for the opportunity to serve alongside such a dedicated group of public servants. Respectfully, Matthew Andrade, Select Board Member, Town of Rainham. And I think if Matthew puts in half the effort into the select board that he put in through the planning board, um he's going to be a very valuable member and I wish him luck in his future. When we went through the associate member before, we ended up developing a protocol on what we'd do if there was a vacancy. And so I know the selectmen are aware of this, but in our protocol within 14 days of being notified that there's a vacancy, we're to write to the select board and tell them, you know, we need a new member. After that, we both jointly advertise, and there's a process where we get in resumes and letters of interest and go through an interview process and a selection process as the associate member is a joint appointment between the selectmen and the planning board. Um and I think it's a joint meeting. Um so I guess Maureen and Bob aren't here, but I'd like it to be gone if you're taking the minutes. Um just to note that we intend to notify the selectmen in writing within the 14-day period. And also I can relate that to either Maureen or Bob. And uh she's gonna have to put a letter from the planning board on that. And with that, does anyone else have anything to add?
SPEAKER_04What do we advertise for? And when do we start accepting it?
SPEAKER_06They we advertise, I believe it's for two weeks. You know, once we I think we both advertise on our website. I actually have it. Uh give me a second.
SPEAKER_01I think you're I think it is two weeks. And then I I don't know, I don't think there's a formal interview process, but I think it's courteous to the people that do apply to invite them in if they want to. Paper, it doesn't always represent the person.
SPEAKER_03I agree.
SPEAKER_08Where do we advertise it on? On our website.
Minutes Approved And Board Reorganized
SPEAKER_06So it says right here the associate member of the planning board shall be appointed in the following manner. When a vacancy occurs in the position of associate member, the planning board will notify the board of select a select board within a 14-day period. Both boards will then advertise the position on the town's website through any other method, and any through any other method deemed appropriate, and accept letters of interest and resumes for a period of no less than two weeks. So it doesn't really say when we advertise, but sh by the end of that 14-day period, I imagine, for what we agree to. After both boards have had sufficient time to review the letters of interest slash resumes, interview applicants at each board's discretion. So I guess it wouldn't be a joint interviews, they'd be each board and give due consideration to candidates. A joint meeting of two boards will be scheduled at that joint meeting. The candidates will be discussed and a joint vote or joint ballot will be conducted. The majority of the voting members in attendance at the joint meeting will determine by a joint joint if you like it beyond again. By a joint vote, the associate member of the planning board preserved a two-year position in accordance with the town of Brainham zoning bylaws, section 350-6.15, associate member of the planning board. And that was we adopted it. Yeah, we adopted this, and this was actually primarily written by Pat Riley. And we adopt we both boards adopted it. So we'll send a letter out and start the process going. And anyone listening, if they're interested in becoming an associate member of the planning board, it's a two-year position. Um wouldn't hurt to even start getting your resume or letter of intent in now. Okay. That being done. Um the next thing was the minutes of April 16th, and then we'll reorganize the board. The minutes, typically Burke Fountain always read the minutes. Um I read them this time. I didn't know if anyone else wanted to.
SPEAKER_04Um switches behind.
SPEAKER_01I think it's on.
SPEAKER_04I turned them on. I wasn't sure how to turn them on. What about those two near the door?
SPEAKER_06I don't know what happened. But we lost lights.
unknownOkay.
SPEAKER_06Same lights. I guess that won't stop us. Um I read the minutes and was okay with them. Did anyone else have a chance to read them or have any comments on them? I ran them, I'm fine. Yeah. Okay. So I'd entertain a motion. There we go. Oh, thank you. You wanted to have a fancy entrance here. The lights. So I'd entertain a motion to accept the minutes of April 16th as written. So moved.
SPEAKER_07Seconded.
SPEAKER_06All in favor? Aye. Okay. Uh reorganization of the board. Um, I'd entertain a motion for reorganization of the board.
SPEAKER_07I'd like to make the motion to reorganize the board. Chris Gallagher, Chairman, Anthony Nicole, Vice Chair, Pam Manconey, Clark, Frank Winslow. Winslow. Sorry. Ah, Sarah Pebberat.
SPEAKER_06Second of any discussion? All in favor? Sorry, I've had this horrible cough. I can't seem to get rid of. Was that unanimous? Okay. Yeah, you with that. Um we have I'll pass that, but that's an invoice. We fill in a circuit rep appointment form. That should be there, right? Um so now that's to you, Frank. And fill you in on uh all the big duty with the serpent wrapping her ear.
SPEAKER_01It's very I was so worried about it when I heard someone like, what is this serpent? And I was like, uh, okay. You're good.
SPEAKER_06Yeah, it's also he's just gonna fill out.
SPEAKER_01They're very nice people. Okay, that's your excuse me.
SPEAKER_06All right. Not really. I'm feeling that good. When we sign invoices, so you know, Frank, we sign each page. And this is just uh I guess we talked about it really short before stuff together.
SPEAKER_05That sign and that we get four.
SPEAKER_06The next thing coming around is just so you know, Frank, we had zoning, public hearing for some zoning changes for what's called the ADU additional dwelling unit. I don't know if you're familiar with that. And so whenever we have a public hearing and take action, we sign what our action was, and then when the town meeting comes and the articles come up at town meeting, our um clerk um gets to read out the planning board report at town meeting right any discussion on the article.
SPEAKER_05Okay, keep this all together. Actually, keep this in the envelope.
Road Acceptance With Fee Safeguards
SPEAKER_06Okay, doesn't that okay? Okay, the only other public thing we have on the agenda is road acceptance for Rainham Reserve and Rainham Preserve East. Um, this has been going on for quite some time, and it's been going through the highway department, through the sewer department, through the water department, through all the departments that have input. Um we have a correspondence from the um superintendent of sewer, Rob Carey, and it just please be advised town councils reviewing currently the ongoing uh deeds for the parcels affected by sewer and the easement, and also the parcel for the pump station at the end of Paddock Road. While not yet completed, it's my understanding town council and developers are striving to have this completed prior to the annual town meeting. The developer is responsible for all costs related to this review and acceptance of this project. Um got a letter from Norm Sturvin, highway superintendent, and it basically goes through and says he's you know, all issues have been addressed except the same thing. Rob said town administrator and town council are reviewing the acceptance plans, utility easements, legal documentation, and that all costs to review this and the counsel will be picked up by the developer. Um and so they're all set. Um we had previously talked that there was some monies in there. We don't know what's in, what's left, what's outstanding. We're here to just make a recommendation on yay or nay for the um to the for the town meeting. It's just a recommendation to accept it. It's not a vote to accept.
SPEAKER_04Contrary to these letters, uh, before the meeting I talked to Bob, who said he got a verbal okay from the attorney that all the easements are also.
SPEAKER_06Okay. I also talked to Bob, and I talked uh to town administrator Greg and uh you know Felix Ceredo uh to do the um, and he's a pretty competent guy to do the um legal work and you know the title search on the properties, the parcels to be conveyed and all the conveyance documents. Um and apparently they're all in order. Um the only condition I thought of that I'll add is if monies aren't paid for all this, because we don't know what's outstanding, we don't have Maureen here, we don't go up here. I reck if if if this was a positive recommendation, it would be conditioned that all monies for legal fees, easement, etc., anything else the town would have to be um paid prior to town meeting. Um and if not, I'm sure you know they that would be brought up at town meeting and it would hit a sudden stops I'd but that's the only thing I had. But um any discussion on uh Mr. Anthony? No, the condition of uh making sure the money's got paid. Brian, any issue funding?
SPEAKER_07The same.
SPEAKER_06Uh Pim uh Frank, you know so much. You get all your experience down on development. Um that's the case of I'd like to see if Greg has anything to add, town administrator. I mean, basically what I'd be asking for from the board is a motion to recommend these acceptances subject to all fees being paid right down meeting.
SPEAKER_00Yeah, I I know you were looking for water sign-off, and you already got that in the fall. Um the last I spoke to Highway, they were satisfied. I understand uh Sewar is now satisfied. Um, and uh in talking to Felix, he is satisfied with the easement. So I believe we have everything in order to allow town meeting to um uh uh accept the layout. Uh do keep in mind that ultimately for any easement to be um codified, it has to ultimately be signed off by the select board. I should state that the select board did uh have a um uh did vote to um uh lay out the the private ways as public on on Tuesday. They typically wait until the planning board does that because but because that has been delayed several meetings, they did that first. That was their last meeting before town meeting. So um so my recommendation is to uh recommend the the layout and allow town meeting to move forward on that. Okay. And it involves uh five roads, by the way, um within uh rain and preserve, rain and preserve east, also not related to the layout, but somewhat related to the plan the town would be assuming a parcel uh which current off of paddock lane, which uh uh is currently has a uh sewer treatment um facility on it, pumping station on it. Okay, thanks for staying late.
SPEAKER_06Thanks for your time. Um yeah, these you know the kind of a preliminary town meeting agenda is already uh is already out, and I started and it it details every single street. So um we're not gonna discuss monies or anything like that. That's when you and Maureen, um if you have anything else to address it.
SPEAKER_02Just in terms of the condition, you state your name. Yeah, leaking representing the uh the applicant for the uh for road acceptance uh rated preserve East LLC and rated preserve LLC. Um I don't think you want to condition that on prior to um uh town meeting, there are going to be additional costs incurred uh subsequent um the uh conveyances cost, the recording fees, and things of that nature. So I think you should just expand it to all costs both prior to and subsequent to town meeting.
SPEAKER_06Okay, because actually they have you know, in speaking with the town administrator earlier, the vote at town meeting doesn't take the roads, it's still another 120 days to button up all the stuff you just said.
SPEAKER_02That's correct. Okay, so it and there and as I said, and I I know that there'll be costs incurred during that period. So I again I would just suggest that you expand it so it's good fully comprehensive of all costs and will be uh will be incurred.
SPEAKER_06So the motion would be made just to ask your advice. The motion would be to recommend acceptance subject to all fees incurred for the acceptance prior to the final acceptance. That sound good?
SPEAKER_07I I just have a question.
SPEAKER_00Yep, nice to accept the road the public way to accept that it's public ways, the roadways, and uh to be specific, Bay Berry Road, Alberry Road, uh pitch drive there. What are the last two?
SPEAKER_06Just powerfully, yes, it's powerful subject of all money's required necessary to make that acceptance to be paid prior to the acceptance and Brian.
SPEAKER_07I have a question. It's at a hundred percent, right? That includes the uh detention ponds, the areas, and everything, right? That's everything. Okay, thank you.
SPEAKER_06Okay, I'd entertain a motion to what we were just in a open-ended, pretty much kind of.
SPEAKER_08I mean you'd have an open end until it's actually all complete, right?
SPEAKER_06Yeah. Yeah, because after the town meeting another 120 days, we have open-ended until everything is complete too.
SPEAKER_02And that's what I was suggesting that you know keep it open so that it's not not just prior to as it originally stated prior to town meeting, but there will be additional costs subsequent to town meeting. It should be comprehensive to be to all costs incurred. Okay.
SPEAKER_07So I'll make a motion that we accept.
SPEAKER_06Uh recommend, except recommend, I mean.
SPEAKER_04Based on the conditions.
SPEAKER_07Based on the conditions.
SPEAKER_06Stated.
SPEAKER_07Stated.
Engineering Contract Dispute And Process
SPEAKER_06I hear a second or second. Any discussion? Okay. Yeah. Correct. Okay. All in favor? Aye. Aye. Okay. Have a great night. Um the other stuff under general business, general correspondence. We had invoices and bills that were now get signed. Old business, new business, signed town meeting report. We did that. I have uh we signed the CERPIT. Um you have something, Brian?
SPEAKER_07Yeah, under old business. Yeah. Um, we need to uh re-sign the um engineering for GPI. It's uh we signed it two years ago, and it's due. And he's working on rein ham over on Pine Street. So right now we want to discuss that tonight. Um we need to because we're gonna be paving and nobody's gonna be there to watch him pay.
SPEAKER_06Well, that's not necessarily true, but I want to wait until Bob gets back. I don't want to open that up tonight. I'll explain it to you individually outside of the meeting why. But I don't want to bring in a contract and sign because we're not supposed to be signing money contracts. We already did. Yeah, I know, but um, I don't want to bring this outright like to discuss it outside of meeting. It's not on the agenda. No, but it's on a business. If you want to put it on the agenda next time and be specific, because typically when we're gonna discuss something, I'd like it on the agenda. It was on everyone's business. We didn't everyone can it'd be ready for it, but I don't I'm not gonna discuss that tonight, Brian. I'm sorry, but I'll talk to you about it at another time, explain it to you. Um we had some project review account closing.
SPEAKER_04So to interrupt, you said that's not necessarily true that someone won't be there next Friday to watch them pave that road and to make sure they fall. What is what do you mean by that? Because as of right now, with our contract not signed, GBI is not gonna do that.
SPEAKER_06Yeah, there's still function. Do they have a can I still there's still there's still when he's out there now, it's still billable. Okay until the project's done.
SPEAKER_01I wanna I want to back up. I want to take the floor here, and I am very well aware of OML and agendas. So I am comfortable discussing this under old business, particularly for informational purposes, and there's no vote that's gonna be given. So I think that this is the perfect time for us that are maybe not as familiar with the situation as other people to get some general background information that is not violating open meeting law. A general discussion is allowed to happen if you categorize it under old business and there's no vote taken. Um I am concerned about private conversations because I would never want to be under the appearance that it wasn't open and transparent. So I will default. But I'm not done. So just please let me finish. Um I am concerned if we don't have a contract for them. Is that my understanding that the engineer uh the GPI, the man named SID is out of contract? Does anybody know when his contract expires? Because that's kind of an important date to expect somebody to work out of contract.
SPEAKER_06Okay. The original contract was never dated but notarized. So I don't even know if it was a valid contract. The original contract, what we requested was a proposal to review plans. What we ended up getting was a contract for construction inspection when the contract was to re you know do our consulting work. Typically, you do an RFQ, like a request for a quota where it'd be call-based, not money. It'd be qualification based. Right. And you'd you'd typically request a few different companies. So this came in and it was came in as a construction proposal. Now, I don't know if you know, Maureen's our secretary, she's not a contraction manager. Bob, I really don't know exactly what the definition of the planning coordinator and what his responsibilities are, but it came in and I said, This, you know, and this is what happened.
SPEAKER_01From my information, when did the contract come?
SPEAKER_06So it came in last November, two Novembers ago. For renewal or um no, it was never it was never he was never, he's never been under contract.
SPEAKER_08So what happened is that wrong that should be working under that without contract?
SPEAKER_06It so to back up what happened. So it came in the back. It came in as a construction services contract, which we've never in the 24 years I've been here had a construction services. We always had a consultant to review the plans. We don't manage roads, we approve a development, the sewer does the sewer, the water does the water, the highway does the roads. We meet an hour or two a month, we don't manage construction of roads and hire somebody. Let me continue, Brian. So the contract came in, and I said, Well, this isn't what we asked for, really. And it had a dollar value on, which we can't approve this huge dollar value contract, because you know you need appropriate appropriation to do stuff like that. So it came in, we tabled it, and somehow it stayed on the agenda. I wasn't there the next meeting, and it was supposed to be tabled and out, and it came up, it was on there, and they just said, Oh, let's make a motion to sign this contract. So it got signed. Never got notarized, dated, anything. And so have been going out doing all this work, and I don't know if Bob was sending about the planning board, wasn't saying go out and sit there and park, you know, all day watching them put drainage in. We typically, when we had construction services included in our consultant services, which consultant by that I mean plan review, we wouldn't have them go sit and watch all day, then putting in drainage. I mean, so it went through a ton of money, more than we've ever gone through in a very short time.
SPEAKER_01Whose funds are they? Are they the clients or are they the towns?
SPEAKER_07The applicant's funds. It's the applicant's funds. We signed a contract fund. So it's not town funds. No, it's not town funds. It's the builders.
SPEAKER_08But technically it's not a legal contract if it wasn't.
SPEAKER_07We signed a contract. It's right here for two years, Chris.
SPEAKER_06And then two years executive session. Maybe$50,000. We can discuss it amongst us.
SPEAKER_01I don't think this qualifies for executive session.
SPEAKER_06I think money stuff we can, but we can see. We can we can find somebody to talk to on it and see what it qualifies as.
SPEAKER_07But Chris, it's not town's people's money. It's not the taxpayers' money. Well, you it's the developers.
SPEAKER_06You signed a contract based on like you're not going to be able to do it. You're the representative of the town with money on it.
SPEAKER_07We did it. You signed it for money. I know. And um, Matt Andrew. You weren't signing it for the town to give them that money.
SPEAKER_06No, I signed in it for the contract. That wasn't in there. You signed a contract appropriating. You need a contract for a guy to do it. Sign without saying where it's coming from. You can't do that. So next time we do it, I'd like to do it properly.
SPEAKER_01May I ask a question? If this was done improperly, why wasn't it corrected immediately when it was discussed?
SPEAKER_06I didn't even know about it until about a month or two ago because the I never knew he was going out and sitting there as long as he was and spending that kind of money because I'm not the guy that coordinates it. We're just part-time elected board members. So I'm not pointing fingers who was supposed to, who wasn't, because I don't even know.
SPEAKER_07But and who was Chris, that doesn't matter if he sits out there. The taxpayers are not paying for it. And he's doing a hell of a great job. Well, and he sends pictures, everything.
SPEAKER_06Who catalogs the pictures and keeps the reports?
SPEAKER_07Nobody, the highway superintendent puts him. He's the one that's got to accept the roads. But regardless, no, no regardless.
SPEAKER_06This is what happened. You signed a contract, which I would question whether it was even legal to appropriate$100,000 for someone when we typically sign contracts. This is why I wanted to discuss this, maybe with town administrator or somebody outside of a meeting.
SPEAKER_01We can we can discuss it with them, but it should not be outside of a meeting. I'm not sure.
SPEAKER_06No, I know I need to think we need direction. I think we need direction.
SPEAKER_08I think we I I honestly think it should be put on hold because it's not a legal binding contract, period.
SPEAKER_06That's what I put it on hold before. In the next meeting, I went like to Florida for a week and I didn't even know it was signed.
SPEAKER_01I guess I guess I'm having I guess I'm gonna take the floor again, and I'm having a hard time understanding how we ended up here tonight. So I'm gonna replay what I heard tonight, and I need you guys to correct me if I misheard or I am under the wrong understanding. It's my understanding that GPI has been doing the same kind of work that uh I always say it wrong, niche niche using the case. Niche used to do. So niche used.
SPEAKER_06Niche never did it at that level.
SPEAKER_01Okay, so niche is gone and GPI comes in. GPI has been at a higher level. At a higher level. So we replaced niche with somebody with a broader X knowledge base.
SPEAKER_06No, niche is a probably equally as big of a then why aren't we using them? They never showed up equally. They never showed up.
SPEAKER_01They were um sign off, they were some maybe maybe some quality issues that did not get addressed. So niche is gone, GPI comes in, GPI has been working for two years? Two years. Two years, okay.
SPEAKER_06Going on the third.
SPEAKER_01He's doing things that typically we would rely on niche to do, like maybe the work.
SPEAKER_06It was two no ventilations. Irrelevant irrelevant. But it's left hand benefits.
SPEAKER_01So they're doing everything that niche had done, which would include like reviewing paving, uh, peer review things. I'm throwing out fancy words here. Okay.
SPEAKER_04Making sure the sewer goes in correctly. So they're they're they're they're watchdogging. That's not a done water and sewer.
SPEAKER_01But so they're doing what they should be doing, they're watching it, they're getting billed accordingly by the job, the payment comes from the contractor or the property owner at no expense to the town. A question that I have is why is this coming up now? Because it would seem to me that the logical course of events is it's on our table now because it's up for a renewal. I don't whatever happened behind there, I don't want to talk about right now because it's not moving forward. It's whether it was legal or illegal or whatever the case is, it doesn't change the fact that we need to have a company such as GPI or niche under contract to provide these services. So what I think should be done is this should be expedited and we should have a clear agenda item on appointing somebody because you can't, or or putting somebody under contract, whether that has to go up for bid or not, I'm thinking it doesn't. I don't think procurement applies here because it's the planning board. But what's going to happen is that if we keep talking about it at different times, we are gonna find ourselves in a situation where we have work that needs to be done and no one's gonna do it. So if we're telling this gentleman or this company, hey, your contract isn't real, you don't have a contract, this is what he's gonna do, and who pays the price to that the town of Rainham does because everything gets stalled. So I can understand wanting to know why something like this happened to make sure that it doesn't happen again. However, it doesn't change the fact that we need to move forward. So if that's a situation where I I don't know if you've put it out to bid in the past, if you have other people that are interested in doing it, but if we have somebody that is willing to do the work, that we I'm assuming that we are satisfied with the work product that he produces. I don't know I don't know anything about him except for what I've read.
SPEAKER_04From the departments, they're more than satisfied.
SPEAKER_01Right. And I guess what I would be curious to do is flip the hat the other way and say, what would the reason be, if any, to not give him a contract? I don't care that he might have a bad contract before, you can't fix it now, and you can't do anything about it now. Is there a legitimate reason why this company should not be issued a contract? And if the answer is yes, then I would like to hear it. And if the answer is no, um and we don't need to go out for bid, then we should vote on it as soon as possible so that the town doesn't suffer with no engineering.
SPEAKER_06Well, let me explain how it's run from my 20-some odd years on here. Typically, we put out like a request for qualifications. We don't have a um town planner, so I would say that would probably go on board. How he evolved into it is he was doing the stuff the highway and advocacy, and that's how it evolved into us. He brought the contract, it wasn't what we asked for. It came in, we tabled it. Before I knew it, it got signed. Right. And then I didn't know about it until all of a sudden they sent me a ton of pictures that was going on out in the field and said, okay, out of the hundred grand, there's 85 grand is gone. Um and we want to, you know, Sid sent it to sign another contract. We didn't request, that's how it came in. He sent in and said, I'm running out of money, sign this other contract. We never had date from that.
SPEAKER_01So maybe the contract doesn't run by a date.
SPEAKER_06It's my by the checkbook. It wasn't even dated. It wasn't even so but we don't, but so what happened is that's what happened. So what typically we do is, and it got signed in December, but the construction season doesn't start till April, so you can't count five of those in the first five months.
SPEAKER_03Yeah, no, you're all right.
SPEAKER_06So typically what we do is put out a request for proposal and get a couple companies to come in. Right. And I would imagine we all sit down and we review it, yeah, and we'd have like a checklist, okay? And you don't open any money stuff on it. And the money that typically gets opened is these are our hourly rates. You never sign a lump sum and say, you don't sign a lump sum unless there's an appropriation. An appropriation requires a town meeting. You don't just say, I'm gonna sign a hundred thousand dollar contract with you. You can sign a contract for consultant services with a list of what his engineer costs, his surveyor costs, this and that.
SPEAKER_03Okay.
SPEAKER_06Then we have to define who's gonna direct him to go out and when. So because I don't know who was even, you know, I'm the chairman, I was completely unaware of it.
SPEAKER_01Um I see his name everywhere, but what I'm thinking of now is is that okay, I get what you're saying about like appropriations. However, it could be a situation where the uh design of the contract isn't necessarily date to date. It could be like like let's let's play. Um town council. They are not they might be like retained from date to date, but they also, I know that I don't know how Rainham does it, but sometimes you have on your annual budget, you have a certain amount of money and you just draw from it like a checkbook anytime that you hear. So maybe this is the same situation.
SPEAKER_06I was gonna follow up with exactly what you just said. We don't need to have him under contract necessarily for him to continue doing inspection services, but we can't have him just go out whenever it feels like doing inspection services. Um, no, I'm gonna correct the pipeline. But let me finish, Brian. I'm the chairman. He goes out, don't interrupt me. So he can continue. You know, a lot of times we had niche, we never had a contract. As a consultant like that, he can continue on a time and material basis, so we're not going to be without somebody if we choose to just continue him doing because he's familiar with those jobs, so I'd imagine he'd continue doing them. But in the meantime, we should sit there and figure out exactly how to structure it and maybe put it out to bid and see what we get for other companies. Um because that's what I did on, and I don't like the excuse of well, it's not our money, so who cares how much it is? Because we just bid out the last site plans, and his bid was triple the other guys, and they did good jobs. Shouldn't it be listed as per per per job? Well, per job it's nice to bid out what you do for a consultant service and then let everyone compete. But right now, we don't have to have a contract with a lump sum that the guy can go attack. It's insane business-wise. I think so. So you we can have GPI because he's familiar with the job, we can continue, but we don't need to sign a contract. Because his contract has a number value, and we don't want to sign a hundred thousand dollar contract as a planning book. We don't do that. We sign a contract saying, okay, we'll use your services for the next three years. We don't sign a dollar value, and that's what that contract is, and that's what it was the first time.
SPEAKER_01What did they have?
SPEAKER_06Niche had basically what I asked for that they didn't give, consultant services contract. His was a construction services, so basically a construction inspector. Nietz was basically a reviewer, and it always historically was the highway went out, in effect, did the inspection. We don't do the sewer inspections, we don't do the water inspections, we shouldn't be doing all the road inspections. So I had talked to Norman about it, and we could put a clause in like our approval letters saying, you know, the highway inspects the job, you're subject to the cost of the inspections. We don't manage inspections and keep track and get the pictures, none of that. You know, and if the highway sending them out on our dime without our authorization, that doesn't make sense either. So moving forward, I had talked to Norman at length on how we'd move forward. And we'd have it in an approval that you're responsible, like how he's responsible for paying all legal fees, you're responsible for paying inspection fees. And the highway, that's their job. Do the road. I mean, it used to be Jack Susan. He'd go out and do the water, I mean the sewer and the roads, but it was always highway. But, you know, they're they don't have the help, whatever, but that that's their job. They're the road guys. Sewers the sewer guys, water's the water guys. So right now we can continue as we're doing. I wouldn't recommend signing a contract because I question the legality of it. Well, and I'd want to get that cleared up before we go put our names on something, because once we sign, they're gonna say, hey, you owe us that money. And it just doesn't make sense. We've never done a contract like that in all the years I've been here. And I wasn't aware of it until the pictures started coming. And I wasn't really aware of it until a month or two ago when he sent the thing saying, I'm running out of money, I need a new contract.
SPEAKER_03Yeah, yeah. And I was like, what the hell is that?
SPEAKER_06We tabled that. And then I went back in the minutes and was like, whoa.
SPEAKER_08This kind of sounds like it's a little bit of a free-for-all.
SPEAKER_06Yeah, it is. And that's what it is. And I want to try to not have it a free-for-all. And when Nietzsche went out there, the highway would generally be out there. And Nietzsche would go out on our behalf like he might do borings to make sure the pavement had the right thickness and the gravel sub base was right. He didn't go stand there and watch construction. He went out there to make sure things looked right. He take the Asbill plan, go out there and say, yeah, the plan's right. It matches the Hasbro plan. He didn't go out and sit there and do, like what my job is, is I do this for other companies. And I do construction inspection, water, sewer, roadway, exactly what this is. But I do it for like a municipal project. The town is doing a project. I go in as a third party and I watch the contractor. That's what this was. But that's not what we've ever had. We had Nich go out like a site plan, go out and see if it's according to this plan. We wouldn't have him sit there and watch the guy build it the whole time. And I'm not saying the guy's not doing a good job or a bad job. It had nothing to do with that. It's just that I want to make sure we get it right. And I didn't know this was happening.
SPEAKER_01So I I guess what my question would be is that we we can't close the circle or even move forward until we have these questions answered, which is one, who sends them out, under what parameter it is. But at the end of I also think that we should invite uh either Norm or the gentleman in to speak about what if it's not broken, don't fix it. And if it's a legality issue, you know, you know, you know I'm crazy about that stuff. Then we're then we're then if it's a matter of constructing a contract so that it is in compliance with the legal standards, then we can do that. But I think there's two separate things going on. What is it that we want from this gentleman if this is the gentleman that we want, and if we want to continue his services, because from what I'm hearing, I I don't know, I I've never met him, I I've never heard anything bad about him, but what I'm learning tonight is that it appears that he's doing a really good job. Um I understand the responsibility of fairly looking for a competitive price. I have learned the hard way that cheaper is not always better. That's why we apparently that's why we don't have Nietzsche anymore. Um, but what do I know?
SPEAKER_06Well, Nietzsche did a good job for many, many years, and things kind of went south towards the end. I do this for a living, so I have a lot of experience at it. Um so you know, I'm not toot my own horn, but I do know what's going on, I know what's good and what isn't, and I know what's needed and what isn't. And it's very lucrative if you're the consultant, the way we've had it. Um keep it status quo till we get in. I don't think we should invite consultants in. I think we should just stick with our town departments right now and talk to Norman. Sure. Um, and I think you know, Norman's relatively new. Um, if anyone sent anyone out, it was innocent enough. It was just because, hey, work's going on out there, send them out. Um, you know, and you know, I've I've known Sid because he was the Plymouth town engineer for a long time.
SPEAKER_03He was.
SPEAKER_06And so, you know, uh I've been in, you know, I know all the parties involved. He's a good guy. Um, but I was shocked when I found out that we had this construction contract for this big value, and and I kind of found out when he handed it up and said, hey, the money's running out, sign a new contract. That's not how we've operated, Brian, and that's how we've never operated that way.
SPEAKER_07We've never he said a hundred grand, so he doesn't have to keep coming in for this contract. Well, no, no, you don't this contract.
SPEAKER_06He doesn't have to have a dollar value. In fact, I question the legality of putting a dollar value.
SPEAKER_07He can when you hire someone's board members, so any decision should be made by the whole board.
SPEAKER_06Well, I want to make sure it's done legally and correctly. Well, what's I'm trying to tell you what?
SPEAKER_07I understand, but like we have him as an engineer, he does a great job. All the departments say he does a great job.
SPEAKER_06Well, what's your engineering experience?
SPEAKER_07You know, you know, I'm not an engineer. I that's why I rely on him. That's why I rely on him. You know, and on these other contracts, you should go apples to apples.
SPEAKER_06Well, we didn't know apples to apples.
SPEAKER_07I never saw them. I never saw the other contracts.
SPEAKER_06Typically, Maureen and Bob handle that stuff. So if you want to get involved with it, the court should be involved. But let's that's another issue entirely. Let's stick to what you know, stick to the torturing. What I'm trying to tell you, Brian, is we don't do money contracts like that. I don't think they're even legal. Like we don't say, here, I'm gonna pay you a hundred grand to do whatever you're gonna review for the next year. You say you're my consultant engineer, so then and you go job to job, you don't necessarily like you might say, here's a site plan, give me your number on that. Because you don't want a free-for-all, and that's what you have right now.
SPEAKER_01So I'm thinking about how we could try to move forward from this, and what I'm thinking, throwing it out there, I think it needs to be on the next agenda item. Uh and if we don't have a meeting scheduled, I think we should schedule one because I think it is imperative that we get this done.
SPEAKER_06Well, we're coming June 4th. We're probably not gonna do May 21st. We're gonna do summer session now. We typically come on and June we start summer session.
SPEAKER_01Okay, it's still May.
SPEAKER_06So let's plan let's plan on June 4th. That will give us time to figure out what's going on. More remote and get back and make it we're gonna be short staffed in May. So June 4th, four weeks. Um I would like to stick to town department heads only. Sure. I don't want bidding to come in.
SPEAKER_03Okay, that's fine. Yeah.
SPEAKER_08And I'd say, I mean, obviously norms got something to do with this, so I'd say we have norms on the DPW council. Yeah. Um, you know, just I mean, get everything on the table and that way they would know we're doing the right thing. Right.
SPEAKER_01And I think I agree. Yeah, and I think that since we're not going to meet until June 4th, I think there's good and bad to everything. So the good for that is that we have plenty of time to consult with town council so that there are zero questions about what is legal. So that we're not continuing things, like that we don't need to continue, that we have clear and concise guidelines and direction. And I would say that without a group email, if anybody has any questions about the legality of it, they can individually email Bob and he can pass it on to town council so that we can get a finished product for review or just confirm that whatever we're doing is legally compliant.
SPEAKER_08Right, I agree.
SPEAKER_01Um that we will have plenty of time to do that.
SPEAKER_08I don't think we want to put our names on something that we really shouldn't be putting our names on either. So I can't.
SPEAKER_06The contract never should have been signed because it wasn't advised, but it's water under originality. From what Pam was saying, Frank. We're going this way. We email forward.
SPEAKER_03Yes.
SPEAKER_06We email, like Maureen will email all of us. Right. You can't do a reply all. Right. You can't reply to two people at the same time because then that's a quorum. You can't quorum would be three. You can reply to Maureen, you can reply to Bob, you can go separately talk to Pam, you can separately talk to me, but you can't email. You can't have three board members talking about any topic on the planning board. You can't do it through email either. You know, especially can't do it through email because that's totally tracked. Right.
SPEAKER_01Which we should follow up on that. It's been a year and I still won't have my answer on my town email address.
SPEAKER_06They're never going to give you one. They haven't given me one in 20 something yet. Yeah, well, I'm I'm gonna be following the other. In fact, when I when I was on one town, when I had a town email, it's it's it's probably me.
SPEAKER_01It's on my personal one, but for you should have we should all have it. That's a discussion for another day. Take that up with take that up with the town administrator. Yes, be third hat trick. Um so I that that is what I think. And I the last concern that I have is I understand that this gentleman doesn't need a contract to work. What makes us think that he will? If he if he's low on money and he's low on the whatever end of his contract it is, how do we know he's gonna be there next week?
SPEAKER_06Like that's there isn't actual money. We signed a hundred thousand dollar contract and we didn't have a nickel.
SPEAKER_01But there's probably a draw that he draws from, like a checkbook.
SPEAKER_06There was no draw.
SPEAKER_01So is is it like fake money?
SPEAKER_06He just sends bills to us, and then Maureen Chase is the developer for the money.
SPEAKER_01Okay.
SPEAKER_06Right, so the wheels. We didn't make sure we sent them out. You don't have a money contract, right?
SPEAKER_08It's not a contract. Absolutely, he's basically sending the money in the town's going out for the contract.
SPEAKER_07That's a 50 G account that it the money goes into within on their account for the pines, and she takes that money out and pays. You know, we don't need a contract with an amount on it.
SPEAKER_06Well, that's what you have, and that's what he wanted, and that's what he sent back with a contract with an amount. That's why I don't want you to sign it. You just agreed with me. No, I'm just saying, and it's not personal to make it.
SPEAKER_07I'm sure he's gonna be able to go out and watch him pave out there. So, I mean, we're the ones, we're the plan board. We say for the roads, Chris, and you know, when the plans come in and we have him review them.
SPEAKER_06We can have him go out whenever we want, Brian. We don't need a contract, so we're not gonna sign a contract because the way he was doing it is I I got a hundred thousand dollars worth of work. Once I get there, sign another hundred. We don't even know if we got work coming up.
SPEAKER_08So, like I said, I think we just put this together for the July, uh July uh June 4th meeting. Uh we'll definitely get Norm involved and I you know we can't change yesterday, but we can definitely change the future.
SPEAKER_01Yeah, and I think that I think that in I just spouted off about no private conversations and I stand by that, but I think individually, if we have concerns and we can get them to Bob and or Maureen, um then by the time June 4th rolls around actually I mean we could probably reset a soft deadline to get all of your questions in and they they can send it to Ted Beatnik or whoever they're using the town council and I would I would anticipate that everybody would want by June 4th something to vote on.
SPEAKER_06Possibly. Um private conversations are fine as long as it's not a quorum. There's nothing wrong with calling someone and asking a question.
SPEAKER_01Sure.
SPEAKER_06Because even like with Frank, I said, you know, if you got any questions on this summit, and I said the same thing with you. You want to come on, you need a I'll tell you what books you need to read, I'll tell you, you know, you got any questions on subdivision control law, AR plans, bonds, zoning. I've been doing this stuff for 40 years, you know. And I know a lot about consultant contracts because I've been a consultant. I mean, what Sid's doing, that's what I do for a life. You know, and that's what I've been doing. I've had my own company for many, many years. You know, since whatever, 1989, I think it was. So that's longer than I'd imagine.
SPEAKER_01I think we have a clear path to move forward, unless anybody has any other things. Okay.
SPEAKER_06And so when I see something that's wrong, it you know, I'm not it's not a personal thing against the consultant or anybody. It's just saying that's you know, this is not the way you do it. And I'm shocked that, you know, frankly, the consultant should have known that because he was in town government for years.
SPEAKER_01So if can I talk about something different since I'm a little spicy tonight anyway?
SPEAKER_06Um are we done with this? I'm done with this. We're just keeping it. We're done with this. I'll go this way. Um, unless it's completely off topic and off agenda. Um I guess you can tell me if I can talk about it or not.
SPEAKER_01I'm gonna do it.
SPEAKER_06You can start and if I can say I'll say be quiet, not cheap.
40B Conditions And Where To Find Them
SPEAKER_01I'm not, I'm not trust me. It would be nice. Yeah. Um I'm gonna bring it up on old business. I wasn't here when any of this happened. I noticed that they're starting to build on the property across from the market basket. My question is really simple. Where can we, I, anybody find and with all of the defensive and all of the things that are going on up there? Where can we find out what the conditions were? Was it a state-issued condition, was it a town issue condition, about like how long the fence goes, are they supposed to be providing? Yeah, because yeah, I wasn't okay. So we got three rookies in what happens there?
SPEAKER_06None of that is our jurisdiction. Is it we don't see the plans? No. On any 40B, which that's a 40B, right? It has to go through the selectmen and the zoning board.
SPEAKER_01Right.
SPEAKER_06It's got nothing to do with the planning board.
SPEAKER_01Right, but where can we find the conditions?
SPEAKER_06So the conditions would be in the zoning board. So Maureen would have the conditions because all 40Bs, like Church Street and all that, and that was like, you know, Matt was getting the bad rap about voting on his father that wasn't even his father, and all this other crap. When we don't see any of that, 40Bs are totally different animal than something that comes under subdivision. And that's it. So they would anything, any approval they got was through zoning board on that church street, any 40B. So it would go through the zoning, it gets it gets blessed by the selectment, it gets blessed by the state, but the permit itself, site plan conditions, like a subdivision comes in front of us, the 40B gets its approval on the nuts and bolts from zoning board.
SPEAKER_01Okay.
SPEAKER_06So it's all ZBA.
SPEAKER_01Okay. And so that's all I want to know is like who I who I got to look for about fences and trees. Because the wind is bad with the dark. Super simple.
SPEAKER_06Yeah, and they're probably all blowing down. I believe it probably is something that's recorded in it. Don't do you get the 40B actions recorded in the town clerk's office?
SPEAKER_01I get everything recorded in the town clerk's office.
SPEAKER_06So it would be in the town clerk's office? Yeah.
SPEAKER_01Do we have a date when that would have been uh stamped in?
SPEAKER_06I'm sure Maureen could provide you with stuff so you don't think because otherwise you'd have to change zoning board meetings. But um I'm sure between Marcha and Maureen they could pinpoint it for you. But you weren't a second step.
SPEAKER_01Okay, so I know not to look. Like I just look at I'll look at four.
SPEAKER_06Yeah, it'd be four or two. Well, it had nothing to do with us. Oh, yeah. Yeah, it's got absolutely nothing to do with it.
SPEAKER_01You wouldn't you wouldn't like like we wouldn't even look at it. We can't even say anything.
SPEAKER_06We don't even look at it. We don't even see the plants.
SPEAKER_07Any 40 beads.
SPEAKER_01Because my plant would get it. If they get a copy, maybe it's like a I mean they don't act on it.
SPEAKER_06That might that's probably a courtesy. We don't get anything.
SPEAKER_01Okay. All right. Gotcha.
SPEAKER_06We don't get anything.
SPEAKER_01Hope you don't. Thank you.
SPEAKER_06Well got anything else?
Should The Board Create A Facebook Page
SPEAKER_01I do. I actually do, but I'm telling I have the energy for it. Maybe we could put it on the agenda for the next meeting, a discussion about creating a Rainham Planning Board Facebook page. I'm happy to take it on. You guys I don't want to talk about it tonight because everybody will start fighting. Um, but put it as an agenda item. I think that in lieu of the storm that we had in February, and I saw some really negative comments about the town clerk's office and notice to the people for the election, and I think that maybe this is something that uh we could manage on our own, and I think it's just a way we're not looking for commentary, but just to provide information out. I've been trying to do it on my own personal I like the transparency. Yeah, I I do.
SPEAKER_04My concern is you know we're gonna talk about it right now, but we're talking about it. Um when you know your term is up, if you don't get re-elected or you don't run or whatever. Who has the page and who doesn't.
SPEAKER_01So what I did in Middleborough, I have a super I have a Middleborough town clerk's page, and what I did was oh wait, it was with my town email. I created a Facebook page with a town email address. And maybe it could be Bob or like Maureen that like just I doubt either one of them.
SPEAKER_06You're not gonna manage anything to do with the lies in Facebook.
SPEAKER_01I would never expect them to move. I mean, that's just such a hear me out. I would never expect them to manage a Facebook page, but if you need to have uh you need to have an email address to create a Facebook page, and then once you create that Facebook page account, you create the the municipal page. So what I did in Middle Bar was I took my initials and my assistant's last name and I created a Facebook account for PJ Bennett, and then once I do that, I used my work email to do it. I don't want anything with my personal stuff on it. So using my work email, I created a fictitious name, and then once that was established, I created the page for the Middlebury Town Clerk's account. So all we really need is a neutral email address that is a good point. If if I'm managing it and I don't get elected or I'm not around or I win the lottery or whatever the case may be, um I think it's yep, I think it's definitely something that even if we just used a town email address to start the platform. Um I think the mechanics can definitely be worked through, but I think it's I think it's time that we had something like that, and I'm happy to take that on. I I run one for my other position, and I think that a little bit of it, it doesn't have to be like engaging, and I don't want a you know, uh I think it's a way that you can um disable comments because it does become part of like public record. Um but the point of it would be to keep people informed. To keep people informed.
SPEAKER_04Well, people get their news from social media. It's successful, but a lot of it's a good idea.
SPEAKER_01Oh, it's terrible, but it's also good. Like again, it's good and bad to everything. So that again is something that maybe we can put on the agenda uh for next meeting that we can really talk to the mechanics and do a vote about it. Like something just to fester on.
SPEAKER_04Do we make a motion to put that on the agenda? So we don't move.
SPEAKER_06Well, just one. We had a motion, you're gonna need a second. I wouldn't I don't do Facebook really. I think it's all bullshit. Um and it's just all lies. I mean, I've seen dead people that I the next day I see in Shaw's, but they're dead on Facebook. Um, but I guess I'm a dinosaur. I doubt Bob's gonna deal with it. I doubt Maureen is gonna want to deal with it because both of them are gonna be out. So if you need your town email, you better work on the town as you know, that could be substituted at the town email. We're getting a range of it. We haven't had a town.
SPEAKER_01But it could it could literally just be Rainham Planning Board at Gmail Town.ranham.ma.us. Like we've got to be able to do that.
SPEAKER_06Well, how about instead of putting it on the agenda, why don't we let you run with it and see what you can come up with and get yourself an email? Because if you can't get an email, then you're dead in the ward, right?
SPEAKER_01Oh we' we're we're gonna get no that's that's not the email. We're gonna get the email. We're gonna get the email.
SPEAKER_08Yeah, and I mean I need to do it. I don't I don't I I'm not a my wife does more Facebook than I do. I mean, I I usually do marketplace uh pretty much when I'm at all. But uh I mean um I think social media is our unfortunately it's our future no matter what. You can we're not gonna avoid it. Right. Um it's it's part of life now, it's what we do. Not mine. Anybody's got a cell phone and not mine.
SPEAKER_07Right.
SPEAKER_08Well, you know, at first I'm right with you. No, I'm not my wife posted everything on my Facebook.
SPEAKER_06I was up visiting Dick Kernickey up at Twin Lakes in Alaska. He built a cab and stayed there 40 years. I should have stayed with him.
SPEAKER_01It will it I think we've got a discussion. I think as and I think we should put potential vote because I think as a board, it shouldn't be just me deciding that I'm gonna create a reign and plenty board thing. We are a board, and it's and that's what we should be doing.
SPEAKER_03Yeah.
SPEAKER_04I think we put on the agenda.
SPEAKER_01And I won't I'm gonna say it again so that when Maureen and and Bob come back, then then I call we both go out and We do not expect them to even do anything with it. Like it might be a situation. Yeah, maybe get some traction, some visibility, but yeah.
Final Checks And Adjournment
SPEAKER_07Is there any points to be signed? No. So I'll make a motion that we adjourn.
SPEAKER_01I'm gonna second that.
SPEAKER_06All in favor?