HOLDEN — Awarding a contract to the chairman of the Board of Selectman here last month has sparked charges of conflict of interest and poor workmanship from two former town officials.
One maintained that selectmen should refrain from submitting bids altogether and ought “to educate themselves on the laws.” The other asserted that original bid specifications for the installation of a culvert were “ridiculous,” and the job was done inadequately.
“I would like to see this group of selectmen educate themselves as to what the laws are and what their duties are,” said Edgar Simpson, former selectmen and Planning Board member. “I feel this is a conflict of interest.”
On Aug. 6 the town awarded a contract to install a metal culvert near a brook on Nolan Road, formerly the Eastern Avenue extention, to Campbell Construction Co. of Brewer. Campbell had submitted the lowest bid at $7,500.
Eddie Campbell, owner of the company, is also chairman of the Board of Selectmen.
Campbell has done a lot of work for the town in the past, but this is the first time he was awarded a contract while a selectman. Calling the procedure “proper and straight forward,” Campbell said he stepped down from his position as chairman during the proceedings and did not vote.
Still, Simpson said, “I really do believe the town should have an ordinance to prevent elected officials from bidding and voting” when they have a stake in the contract.
According to the Maine statute regarding conflict of interest, “When an official is deemed to have direct interest … the vote on the … contract is not voidable or actionable if the official makes full disclosure of interest before any action is taken and if the official abstains from voting.”
The bids were sealed until opened in public, said Town Manager Larry Varisco, and Campbell abstained from the vote to award the contract.
Varisco, who consulted with Wayne Foote, the town attorney, said town officials feared a public relations problem at the outset. “Anytime you have this type of situation somebody’s going to question it. I could have predicted it.”
Earl Brill, a Holden resident with substantial background in engineering, construction, and municipal government, was interested in the contract and went to the town office to examine the document. He considered the specifications ridiculous and informed Varisco of deficiencies in the contract.
“It didn’t cover all the technical aspects, like the machine rip-rap,” said Brill. Machine rip-rap pressed stones into the near-by brook bed to prevent erosion. The contract made no mention of ledge or easements, either, he added.
“I wanted (Varisco) to change the bid specs for the benefit of both the town and contractor,” Brill said.
The town manager said he planned to revise the contract and would send Brill a copy. But because of an administrative oversight, Varsico explained, the town office didn’t mail Brill a revision of the contract.
“All in all, the job just wasn’t a good job,” Brill said. The culvert and brook area were not cleared in accordance to bid specifications, he added.
Varisco did not agree. “I think it’s excellent work,” he said. “I have no problems with it.”
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