HomeMy WebLinkAbout2011-06-06 Board of Selectmen Executive Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES JUNE 6, 2011
/1 EXECUTIVE SESSION: The Executive Session convened at 6:30 p.m.
ATTENDANCE: The following were present: Chairman Daniel Lanen; Clerk William F. Gordon; Tracy Watson,
Licensing Chairman; Rosemary Smedile; Donald Stewart; and Assistant Town Manager Ray Santilli. Town
Counsels Thomas Urbelis and Carol McGravey were also present.
William Gordon made a MOTION, seconded by Tracy Watson, to move into Executive Session to discuss
Litigation Matter. Roll Call vote: William Gordon yes, Rosemary Smedile yes, Donald Stewart yes, Tracy
Watson yes, Daniel Laren yes. Vote approved 5-0.
Chairman Daniel Lanen declared that an open meeting may have a detrimental effect on the litigation process of
the Selectmen.
Litigation Matter
The new pumper fire truck was received by the Fire Department on May 18, 2011. On Friday May 27, 2011, this
office became aware that the fire truck was actually a demo with over 12,000 miles on its odometer when
delivered. Neither the bid documents received from Pierce Manufacturing nor the executed contract documents
made any reference to the vehicle being a demo. Chief Melnikas has confirmed that he was aware throughout
the bidding and purchase process that the fire truck was a demo with the state number of miles.
The Town Manager requested that Town Counsel review the recent purchase from Pierce Manufacturing, Inc. of
a fire engine, a Pierce Arrow XT 1500 GPM Pumper Fire Truck. Town Counsel has reviewed the Town
Manager's procurement file regarding the purchase, including the invitation for bids, the specifications, the bid
submitted by Pierce, and relevant correspondence.
The pumper fire truck that was purchased was a"stock"vehicle, the town was able to get a discount of
approximately$35,000 from the listed price, and the town also received a two-yearwarrenty. Stock vehicles are
usually driven to various locations across the country or Canada for viewing.
The discounted base price of the pumper fire truck was$439,724.00 and plus specific options in the amount of
$32,562.00 selected by the Town for a purchase price of$472,286.00. Town Meeting had approved up to
$500,000 for the purchase.
There are foregoing facts that raise the following issues for consideration:
1. The specifications referenced such as"building"and"construction"of a vehicle,to a"new" chase, and
to the inspection of drawings, "before construction begins," raises issues of whether strict compliance
with procurement laws occurred.
2. The bid submitted by Pierce referred to a"stock"vehicle, and the fire chief and members of the fire
department were aware that the vehicle to be purchased was the"demo"vehicle.
3. Representatives of the fire department inspected the vehicle on at least three occasions before it was
paid for and registered by the town in September 2010, March 2011, and April 1, 2011.
4. Did the town sustain any damages because of the odometer reading of 12,221 miles or did the town
receive what it paid for when it paid a discounted base of$439,724? The Chief indicated that he was
aware of the"stock"or"demo"vehicle and it would have some mileage upon delivery to the town. He
would have recommended the purchase of the vehicle because of the reduced price and his opinion of
the high quality of the vehicle and the expected useful life.
Town Counsel asked the Board what the Board is looking to do at this point.
Selectman Smedile suggested getting a professional appraiser to appraise the fire truck to ensure that the town
received a good deal. Selectman Smedile was given the name of Greg Cunha of Woburn, MA a professional
appraiser. The Board requested that Town Counsel contact the appraiser.
/'A ADJOURMENT:
Rosemary Smedile made a MOTION, seconded by Tracy Watson, to move out of Executive Session. Vote
approved 5-0. -
Respectfully submitted,
Adele J. Johnson, Administrative Secretary