Planning Board - Regular Meeting

She does. She does. Good evening, ladies and gentlemen. This is the Brentwood Planning Board meeting. We're just waiting for our chair who's participating remotely to chime in. There she on my console. Kristen, it I think your mic might be muted.

There you go. Hi. Sorry to connect before. Sorry about that. Hello everyone. Are are we ready to start? Yes. Yep, we're live.

Awesome. Okay. Thanks. Um, thanks for your patience. Um, I am on the road this evening. Um, but we can go ahead and open up the meeting and I think we have a tractor project on Route 125 as the first hearing. Let me get that started. And um, I'd like to ask Doug Marino um, if he can help facilitate in the room to keep things moving. Yep. Happy to do it. And um I'll accept a motion to allow Kristen to participate remotely. Second or well somebody needs to make a motion and then second.

Okay. I'll make the motion. Kristen second any discussion and it'll be a roll call vote. Any discussion? All right. Seeing none. Um Bruce, yes. Paul, yes. Doug, yes. Brett. Yes. And I'm a yes. Um mo motion passes five to zero. Um and I I think that is the correct tally. And then I will um accept um a motion to seat an alternate member for staff. I think it's Liz. I'll make that motion. Second. Second.

All right. And uh a roll call vote. Bruce. Yes. Paul. Hi. Uh, I Brett I. And I'm an I. Uh, so Eliz will be seated for the evening. Kristen, vote. I Oh, I'm sorry, Kristen. Yes. There you go. Thank you. Motion passes six to zero. Um, all right. So, as Kristen said, the the first hearing is uh Chapel Tractor uh 451 and uh excuse me, 251 and 247 Route 125 tax maps 216, lots 38 and 39. And is there somebody um uh with us today to speak to um to speak to the site plan? We'll just ask you to come on up, turn the microphone on, and um introduce yourself before you begin.

Hi, I'm Ted Higgley. I represent uh Higgley Properties and Chapel Tractor for this project. Thank you. So you can go ahead and So um what we want to do is uh combine the two properties for display purposes. Um we have Beal's engineering working on this project. Thought we were good to go, but apparently we need to go to the zoning board for something that Mr. Greenwood could probably explain better than I can. And uh so we'd like a what do you call it? Continuence.

Continuence. Thank you, Mark. We'd like a continuence and uh get that taken care of so we can move on. We have to make a motion. Yeah. To make a motion to invoke jurisdiction. I make a motion invoke jurisdiction on devil. Is there a second? A second. All right. A discussion. Roll call. Bruce. Hi. Paul. Hi. Brett. Hi. Doug. Hi. Liz. Hi. Kristen. Hi. And I'm an I. 70. Um, any uh questions or discussion from the board?

Just process-wise, will there be time mark to hear this before the ZBA on the 23rd notice time? I'm sorry, sir. We have a ZBA hearing scheduled for the 23rd. The fourth Monday on the 23rd. Yes, sir. So, it'll be That was just my question. It'll be notice time. There is. Yes. We've already discussed that. We've sort of already set this up. Great. You're just witnessing the setup. So, what you if you're going to continue, it has to be to a date certain. And I would make that date certain after the ZBA hearing. The ZBA hearing is the 23rd of March. So it would be the first January, February, March, April. The first meeting in April. Is that enough time? Enough time.

Does that give you enough time? I believe it does. Yeah. Why wouldn't it? Yep. I I've already spoken to the engineer. Okay. Make make a motion we continue until April 1st. Uh the second is second. Sorry. April fools. Uh is there a second? Second. Any discussion or questions from the board? And who was the second? I'm sorry. Thank you. That was April 2nd at 7. April 2nd at 7 p.m. Correct. Yes. Okay. All right. Um, if there's no discussion, um, roll call vote. Bruce I. Paul. Hi, Doug. I, Brett, I. Liz, I. Kristen,

I. And I'm an I. The motion passes seven to zero. Thank you so much. Thank you all. We'll see the second. Yes, sir. Thank you. All right. Um, moving to our next agenda item. Um, 6H hour incorporated, Route 27, um, Epic, New Hampshire, Brentwood Tax Map 203, lot 26. Um, and I see somebody approaching. Um, just, uh, if you could intro, I I know we know you, but if you could introduce yourself, uh, and speak to the site plan. Okay. Oh, I think you turned off the mic.

I turned it off. Perfect. That was a test. You passed. Um, good to see you all again. So, Colin Murphy, uh, representing Sig Sauer. Um, so our plan is, uh, low in order of magnitude. It doesn't incorporate, uh, really the the building of of anything. It's just a repositioning of of ranges. So, if you refer to the site plan, you see ranges um, P4, five, and six. This would be um cannibalizing P4 and five and making that into a singular range and then taking those two ranges essentially and repositioning them on the western side. Um so you have two additional ranges on the western side and um the the three ranges being converted into one. So uh minimal disturbance. So there's there's no excavating going on. There's no timber removal. Um it's all uplands. Uh the area where the two new ranges would be constructed or or two ranges would be replacing the the removal of the other two ranges is already gravel. So it's already been you know excavated gravel has proper drainage and um you know some some stone dust over it. So it would be, you know, a system of Hesco barriers which we've used for decades at the range for for walling material along with um stone dust and and other uh materials to ensure you know safety protocols are established and in place.

Is this an application hearing? This is an application tonight. This is a public hearing. You'd have to invoke jurisdiction. I'll make that motion. Second. All right. It's been moved and seconded. Um roll call. First of all, any discussion? All right, roll call. Bruce, I Paul, hi. Doug, hi. Rhett, I Liz, I Kristen, hi. And I'm an I. The motion passes seven to zero. Uh, discussion. This is essentially the plan we looked at a few weeks back with you last month. Uh, no sir, it's different plan.

No, I have fullsize plan sets. You just guys are just plowing through things and I have not been able to get them out for you. If you want a fulls size plant set there behind me, anybody? No. You good with 11 by7s? Okay. Is there any butters? Don't think so. The chair will call for All right. Um, uh, Liz, do you have a question? Yeah, I did have a question. Um, how much Maybe it's just I'm sure it probably says in here, but because they look like they're shooting at each other. Why? No, ma'am. Am I Am I Am I not? Yeah. So, these are the new ones, right? Totally new. Everything was on this here before. Okay. So,

so this combine effectively ranges, right? Then the proposal is to just take those two. So, do these already exist? 11 and 12? I thought you were adding those. This is this was a different type. So, it's all going to be in here. Yes. And it's only going to go up to 10. Yes. Okay. Other questions from from board members? In relation to the buyers? I I I wasn't asking for their comment, but I wonder if any there are any voters here, would they like to see a plan set?

Is there anybody in the audience who would like a plan set? Okay. Um, Glenn, did you have any comments?

I did have a few comments. So, this is the first hearing. I'm glad that you took care of voting jurisdiction. I don't have to talk about that. Um, this is a really minimal site plan review. Um and we have so from my from my uh perspective applying our site fan regs means that we have to have a new survey plan for this in order for them to um recorded at the registry and I prefer we don't do that. We have a ton of site plans on this particular site. Um we have a site plan that we can attach an affidavit to at the registry. like the board to um motion that we can handle that this way in this instance so that all we will be doing is I'll prepare a one-page affidavit that explains what this site plan involves and then that will get recorded at the registry and attached to one of the site plans we already have for um the academy and that information will be in the affidavit. So every time they call up that somebody calls up that site the affidavit shows up as well. Um because otherwise they're going to have to do a a survey and change this plan in its perspective um in order to show it. And it's it's really that would be more work than what they're attempting to accomplish in total.

And in in our ordinance, we have an allowance for addended amended site. Oh, we we've we've done addendums um on on site plans that on properties that already have reported site plans probably 50 times. So again, we have we have the allowance to do that. So on that basis, I would make that motion to wave the requirement for a complete survey and to just go with an addendum plan. Could we

I just have a question regarding my question that I asked the gentleman before. It says on the agenda the two newly propo at the the bottom paragraph of first page under travel tractor under six hour the two the very last one the two newly proposed patriots ranges 11 and 12 you're not doing those right are to be constructed in previously undisturbed areas and will be separated that's you you got rid of those right so this is a a numerical convention that we have here with these pages so we've gone from but the on the north side we are not proposing anything. So So these ones that were here you're not doing so it'll just be these two.

Okay. So there's no 11. So this is kind of wrong or maybe it got changed after. Yeah. So they just um named them differently. So they went from six to nine. Okay. Could we take a page out of that plan set, Mr. Maringwood and reference it in the affidavit and attach it to the myog plan set. We could do that in the office. Yeah, that's what I'm Yes. If we reference it in the That's absolutely what I think it's important that we keep one of those plans and attach it to the plan sets for future reference be referenced in the affidavit. Okay. Cool. Cool. Cool. Okay. That's the protocol that we all this one here. Yep. Yes. Excellent.

But do you see where I'm talking about 112 on that third page? We we need to like cross it out or something. Yes, we will make that we will make that clear. When I create the agenda, I take the language straight from the application or we could just have the applicant remove those two. Yeah, I think that would we'll have them remove it so that the page include in the for the in the plan within the planning board won't show that. Yeah, because they're on and then there's there'll be no confusion. That's great. Thank you. Good point. Listen, so ju just um a quick parliamentary note. So, we can still have discussion and public comment once a motion is made. I just want to make sure we record it correctly. So, I believe Bruce, you you made a motion um to reflect what what Glenn was asking.

Yes, absolutely. Okay. So, we have that recorded. I'm sort of crafting it now. I'll read it and then I'll read it back to Bruce because it was vague and kind of open-ended. So, hope no to actually having an All right. Can you explain what we mean by or like what would the affidavit consist of? It's you you probably seen the board actually signs off on them, but they're a onepage sheet um formatted the way that the register requires

that simply says that there has been an amendment to the site plan issues the site plan that exists that we have on file. reference references. It references when it was recorded, the time date, and then it says that on this date, the planning board allowed an amendment to that allows for the new layout firing ring that shows on this plan that is held in the planning board office for review at any Gotcha. And then the planning board signs it. You bring it up there and they report it. I have Bruce's motion. Yeah, makes sense. Second. Um, oh, I should read it first. Yeah. Yeah. Let's have Mark read the motion.

Motion for Mr. Greenwood to create an affidavit and attach it to the existing site plan and to record the affidavit at the registry of deeds. There would be a motion by Bruce though, not Glenn, wouldn't it? Correct. Yes. Yeah. You can't have a motion by Glenn. Glenn is going to be the motion for Glenn to create an affidav by Bruce for Glenn. Um, it was moved by by Bruce and seconded by Doug. Yes. All right. Before I open it up for public comment and abutterss, um, any other discussion or questions from the board? All right. Seeing none, are there any quick? Sure.

Sorry, I have a question. Um, because I think this is the second or maybe third um, application we've had and I'm just wondering if we've um, done any sitewalks out there just to get a better sense of what this all looks like. If anybody's the board has in the past two occasions, but you can do another one. Okay. Do you want to do one? Just wanted to put that out there. See if if you want to do one. Sure. Preston, do you want to do one? Yeah, I I think it would be worthwhile um to to get a better sense. Like I said, it's you know, we've had a couple other applications and we just like to see how this all fits together. Can Can we shoot at the range, too? Absolutely. We can bring

love it if you did. We can bring it aside, too. It's called the planning pass. Okay. So, I guess I mean you couldn't make that motion. Do I mean obviously Kristen before you see this approved, you would like to have the sitewalk correct? That's how I understand. Correct. Correct. So, would you like to withdraw your motion, Mr. Steven? Well, I'll leave leave the motion, but we don't have to. I mean, the motion was made. So, this is part of the discussion. The discussion involved uh a sitewalk which is fine. So maybe I would amend that motion to continue make another motion to continue until our April 2nd meeting affording the time you know next two weeks. Well, so first you would have to either withdraw your motion or we'd have to vote on the motion. Yeah.

Or a new motion. You can say I table my motion. Yeah. All right. I'll I'll table that. And sorry. Thank you, Mr. Wasn't Bruce's all Bruce's motion accomplished was that we would be allowed to prepare an affid. He wasn't saying that you were approving the site because I had other issues that I wanted to go over. Yeah. Okay. So, you don't have anything. No, I'm going to let the motion stand. It stands. It just allows that the procedure for this will be through an affidavit. Okay. But we can vote on that motion. Yes, you absolutely can because motion didn't say approve approve the site plan. Fair fair comment. Thank you.

All right. Um any other comments from board members before I open it up for um the public? I had one other question. Sure. Um so this is the third time these things have been moved around. Is there some reason that or I think this is the third time. Is there some reason why you've moved them or um this isn't the third time that they moved around? So the second maybe um there was initial proposal and it was

a choice between one or the other and I think uh we landed on the one that was a lower order of magnitude, didn't disturb earth, no timber removal, excavation, stuff like that. And so that's why the decision was made. I was here, geez, I don't know, not that long ago for a different project with the overhead covers. Oh, okay. Maybe that's what I'm thinking. Which are helping a little bit with the noise, by the way. So, I I'll get a decimal reader out there eventually, but that's

we're happy about that. U I I would have a question in terms of um the sidewalk and we're completely open to it. Um look forward to it. What would that do in terms of um pushing the approval timeline, right? um you know, can it be approved and then we schedule a walk or how does how does that work? Well, we schedule the sitewalk and then we do our sitewalk and complete that and then we continue this hearing and then the board would make a decision. Okay. So, April 2nd is our next meeting a couple weeks from now. So, we should be within that twoe period be able to schedule a sitewalk. We could Why are we not having a second meeting in

March? Well, March. I'm sorry. I'm sorry. Somebody was talking about continuing the last one. Yeah. Till after the CBA hearings. Yeah. So, we we we could schedule this sitewalk prompto. Sure. We should and get it done and bring them back in the second week in March. That's That's a great idea. What's a good day for everybody? Tomorrow morning is good. It's tomorrow morning. Probably not Saturday for them, I'm guessing. Kristen, what's a good day? Friday, right? Yeah, I I was gonna say next Saturday, but I don't know uh you know what works for them day of the week. We can also do during the week if that's No, that's town meeting. Good. Nice try. Oh, yeah. That bad idea.

Sorry. So, what's the next day? Uh how about the Friday before the 15th? That's 13th. Friday the 13th. 15th. Town meeting is on the 14th. 14th. That's Saturday. You're talking about Friday the 13th. Yeah. Friday 13th. 13. Yeah. What? It does not It doesn't work for me, but uh you guys go right ahead. Okay. I'll be at a concert. Okay. Kristen, does that work for you? Friday the 13th. I suppose it could be late. Yeah. If we do it I was going to say if we do it first thing like nine. I'm sorry.

I'm sorry. There was some cross talk there. Um um Kristen, what was your what were you saying? If we do it first thing at like 9:00 am on the 13th. Okay. I think we should ask you what's your schedule look like there? Yeah, I'll be in Pensacola, but Scott, my facilities manager, um would certainly be you available Friday the Friday the 13th. I don't know if that's bad luck, guys. Got back. Just a quick walk. 9:00 a.m. Good. Absolutely. How many board members can make it? I can go.

Okay. Oh, I can actually do that. I'm not leaving till the evening. I thought it was Well, when people say Friday, I'm thinking after work on Friday and after work on Friday, I will not be here, but Friday morning, I will. Um, okay. So, um, is there any other discussion from the board on Bruce's motion? No, no, no. For the affidavit for Glenn to create the affidavit. All right. Um, any public comments? This is on Bruce's motion. All right. Seeing none, uh, we we will vote on Bruce's motion concerning the affidavit. Um, it'll be a roll call vote. Bruce, I.

Paul, I. Doug, I Brett, I. Liz I Kristen I and I'm an I. It passes 70. Um further discussion um on the site plan or a further motion that

we usually do do it as a motion but make a motion. Yeah. Make a motion Friday 13th we do a sitewalk at SIG at 9 9:00 am. Is there a second? Second. All right. It's been moved and seconded. Any discussion? Roll call vote. Bruce I. Paul I. Doug I. Brett I. Liz I. Kristen I. And I'm an I. The motion passes 70. Further discussion or a motion on this site plan for motion for continuence then uh to a date certain date certain. So what is that date again? Uh I believe was it uh

March 19th at 7 p.m. Yep. But that's still good for them though. Thank you. Well, that's that's our next meeting. Our next regularly scheduled meeting. We'll make it. Okay. All right. Good with that. Sure. Okay. All right. It's been moved by Bruce. Is there a second? Second. All right. It's been moved and seconded. Um any discussion? Any public comment? Is there anything that um we need more time for or is that one? No. No. Okay. Okay. Thanks. Um before you Yeah. Before you continue, do you want to hear the rest of Mr. agreeing with comments.

Well, we've actually I've actually talked with Joe at Oh, okay. Jones Beach and we've agreed that one of the ones that I had we don't need to do and it's just a note that's going to be put in the plan. So, there's not really Thank you, Mr. Green. Okay. Um, so we have a motion. Any further discussion from the board? Seeing none, any public comments? All right. Seeing none, it's been moved and seconded the continuence motion. Um, it'll be a roll call vote. Bruce I, Paul, I, Doug, I, Brett, I, Liz, I, and I, uh, uh, Kristen, I, and I'm an I. Uh, the motion passes seven to zero.

Thank you. Thank you so much. Thank you. All right. Um, so next on the agenda is, um, we're going to review our contract with SFC. Um, Mark, would you like to speak to this or?

Yes. um the contract that you see in your packet. Um I had a conversation with them regarding driveway permits um and made sure the expectation was there about viewing the property or where the driveway will be before the permit is issued and then after it's issued there will be a follow-up visit. Now I will talk to Tara further about this and I want to get your input on this as well is when the request to view it the second time. It shouldn't be I think it shouldn't be after asphalt is already done. It should be when subgrade is established because if they do make a mistake and there's asphalt down

it's extremely hard to to fix it. So I I imagine after installation and subgrade and before paving would be the requirement and that's completely at the behest of you. We ask the representative from SSC how other towns do it or I mean it seems like practical manner of doing that but the gentleman's sitting here tonight correct I cannot

expertise but and and even though we of course know you if you could introduce yourself that would be terrific. Uh, good evening. Jeff Murphy, president SFC Engineering. Um, however you guys want to do it, I think is reasonable. My only comment is depending on what you're looking for for the final sign off. If there's an obligation for the pavement to go down, there would not be documentation that it was completed.

I think that's a good point. And I think the onus is on the applicant. I mean the applicant is getting a signed permit giving him permission to construct to a certain specification and if he doesn't do that well that's in this case he would have to remove the hot top and regrade it because the final finish the the pavement and the way it grades and the water's diverted toward the ditch. Right. That's my concern is just you know potentially there could be a we're not trying to spend a lot of money here. could do a third, but potentially that could even be optional if right we've owner wanted a in progress confirmation possibly. I think that's going to exceed what I would say the expectation should be for a driveway permit.

Right. Um we've already revamped the figures and that's something that we'd have to discuss of where that figure would come in with you and are we charging enough? So I I just think we have to stick by, you know, our rules and regulations. And this is no different than if somebody put a a foundation in in the wrong place. Well, they'd have to take Fair comment. It was just a thought that I had. No, it's a good good point. I understand the logic of that, but every time we try to be a nice guy and say, you know, I won't go into further. The other question would be, uh, you have a driveway application, Mark, that that the town hands out presently. Uh, well,

okay. handled through the building inspector and and Jillian and I were conversating about that. So when that fee comes in, it goes to Jillian. When their billing is sent to the town office, that portion or the driveway inspection process will go through Jillian. It doesn't go through my office. Okay. So they they pay their money upon application. Yes. Okay. Mhm. I guess, you know, not to put Jeff on the spot right now, but at some point we probably ought to review our our application to to make sure I think that conversation is already in the works between Mark and Tara to kind of align those expectations. Um, but it was a little premature, I think, so we had the contract in place.

Yes. I just wanted to make that's why there's two contracts. The one that's loose includes the one that says driveway. Yeah. And all we did is add uh to the scope of services a bullet to make it clear. It's not that that list is all inclusive. It's just making it clear that it is an expectation. Perfect. All right. Um further discussion. So, so what are our action items in terms of the contract tonight? To sign it. To sign it. All right. If Yeah. I had Can we talk? Um Krist um uh sorry the board will come to order. Kristen, you had some questions?

Yeah. Um just on the insurance amount I think in the RFP um Glenn I think you had brought this up before I just want to make sure that we have enough coverage what you know what the town requested or what the town requires confirmed before but I thought they met their expectation it's on the professional liability and and general liability one million it was a million million yeah is that Right. I I don't remember what was or if there was an amount in the RFP, but a million is is typically u standard. Okay. I I did have to check if I could. Sure. So,

I had one question and this is a lawyer talking now. Okay. So, then I'm sure you're right and I'm not going to question. Well, I I was Well, there's a mistake. I was concerned in 10.1 because it indicates that I get the provision.

Yeah, there there's a limitation uh of of liability provision in 10.1 that says that SFC's aggregate liability for any and all claims shall not exceed the total compensation paid to FSC under the applicable task order. And I I just know from litigating enough claims that that that could be a very u limiting provision in terms of amount because if we're paying say,

you know, $2,000 under the task order, but then there's some major screw up which I know will never happen, but I have to think about absolutely. Um so you know what I you know jotted down and I don't know if this will make sense to you or not but to add the following proviso that says except if such claim is otherwise covered by insurance and and we can look at that. Um my concern is just recognizing what our role and Glenn I and Mark you know I defer to you guys to help with this too but in our role as your engineer we are not designers of these systems that onus is on and I read that

is on the applicant and to follow the rules. We're doing a due diligence evaluation and it's not um I don't think you guys want our firm to do what would be called a peer review which is checking every decimal in every calculation and basically doubling their design fee to redo it because their their plans are signed by a license P and we don't do that. And so if we're going to pull all of that liability, then we're going to have to spend that much more effort to make sure. No. And I think like your scope is is pretty well outlined in the in the contract. So I get that.

But like for example, even in your scope and and capacity, you know what you're doing, if you just I don't know, we were just talking about driveways. you missed something, you know, that was right, you know, in Yeah, I I understand what you're saying and and we can definitely revise it, but

it really depends on the level of expectation you guys have as a board on what you want your engineers to sign on the dotted line. And so if we're on the hook for a million dollars, then my engineers are going to be very sure and it's going to be significantly more time consuming to to validate that if we're liable for that. You're going to go through the same calculations that the engineer Exactly. Yeah. Just because of the risk. That's just so except that the scope is is is still limited. So like and I it says it throughout the contract that you're so what would the exposure be? Well the

if if the scope binds it too we're you know there's very little liability. See that's why you have insurance that's why you have yeah yeah but we're not the designers so my designer insurance is different than No but you have PL you know we do professional liability and general liability insurance. So they if there was like a again very hypothetical Yep. Uh I doubt it will happen, but if there was a miss, just a plain old miss in in the scope of what you were doing, that could cost the town a lot more. And that's why you have the insurance. But I could I've done enough insurance to this work to say,

oh well, you know, we only have to now pay out $1,000, you know, and but you know, so that's why I was thinking some sort of proviso to say except if the claim is otherwise covered insurance. So, you know, because you have insurance, that's what it's for. And we're not trying to, you know, go after you personally or the company personally. It would just be if there was a protection, a miss and the insurance Yeah. No, and the insurance would then take care of it. And I'm going to be perfectly honest, the legal ease is not anybody's expertise as an engineer. So, um, with your permission, I'd like to, if we don't want to sign that tonight, we can talk about it, but I want to go back and

and find out what that really means, cuz I I don't see a a lot of liability in the municipal third party review of applications. So, I'm not sure where the exposure is, where that language is needed to begin with. Mr. Greenwood, where would you see that liability coming into play? Um, I'm I'm a bad person to ask. I I have to have the um general liability insurance and I can't I can't understand where anyone's ever going to take me to that. But if I didn't have it, you know, I wouldn't sleep at night. So, okay. I'm just trying to figure out where the liability is in that in your review, you know.

Yeah. I mean, it'd be the designer who who messed up and that that liability would fall back on the design. Meaning if your foundation collapsed, it's the guy who designed the foundation or the guy who poured the concrete. Yeah. It's his license on the line because we don't approve or disapprove anything. We recommend you guys approve or disapprove, right? Not, you know, we're not as an example in that process, you know, you advised us wrongly.

Um and it cost as a result the town a lot of money. We we might have some our own separate suit against the designer, but then there might be also a separate claim against you know you guys. I'll have to ask that question. My expectation is that we're offering our opinion to the town of Brentwood, not a well then you might as well liability. I don't believe I don't believe there is. Just like there's no liability to you as a board unless you're malicious. a case hasn't come up in over 45 years here in Brentwood. Yeah. But that's why you have insurance to cover that. So that's that's why I was trying to add that for

and I'll just I'd like to confirm that with my How about just a thought? Uh we want to get this contract signed and get you know get moving with your firm. Would you be willing to speak with Jeff out of session if the board gave you the authority to look at the issue at hand and uh decide if you were comfortable with the language? Who you looking at? You. Oh, me. I was asking if Jeff If Jeff. So Jeff goes home and he he talks to his his crew and they they come up with a decision and they want to run it by Paul. Would you be willing to allow him to speak to you, you know, in the next week's time so that we could get this contract signed by the next meeting and

or even or even before the next meeting. Sure. The issue gets addressed, right? Yeah. I mean, if the issue gets addressed, I I think the contract is otherwise, you know, fine. You know, I I just think there needs to be a little massaging of that because I again, it would be a very rare scenario. Yep. And and I think we're both protecting our own. Yeah. Just like we should be. I have no but you know I again that's why you have insurance and I can see you know insurance defense council saying oh you know now you guys are limited to you know $1,000 whatever it is that we ended up paying on the right and like I said I'm just not sure that there is a liability

when I'm offering an opinion or my team is offering opinion not a design that would come under professional liability it'd come under malicious which is exempt from Yeah. No, I think it would. I mean, I think I think that's why you have the professional liability insurance, but yeah, you're more than welcome to give me a call. Yeah. So, so, so just a as a as a point of order, are would we be on solid legal footing if somebody were to make a motion to sign the contract pending the resolution of this outstanding question? I don't like that.

Yeah, I'd like to make that motion. uh given Kristen the authority to sign the contract once this legal uh concern is ironed out. I think what Doug was saying just dug Kristen. Sorry Kristen. Sorry. Um my hypothetical is more negligent I guess. Like if um let's say take the driveway example. Um they told us that they went out and it looked fine but they actually didn't go out. Is is that are we covered in that case in the contract? And I I know this like hopefully would never ever happen, but

that's what I was that's I was sort of positing that, Kristen. Um it it it limits liability to what we paid under the um agreement. It says um the liability shall not exceed the total compensation paid under the applicable task order. So that's why I was wanting to add, you know, something that says except, you know, to the extent it's covered by insurance because that's why they have insurance, but I know that or negligence or something like that. Jeff.

Yeah. I Jeff Jeff is suggesting that he he he needs to, you know, run it by, you know, his legal because he feels as though there's may never be a scenario where they would be liable, but you know, I I would just like to do my due diligence. Understood. I'm putting you on the spot. And I think we got burned. So, we're a little bit sensitive to this issue by me. No, no, no. That's why we're hiring. You're here. All right. That's why we Yeah. No, we're happy and we're happy to to work through that. I'm sure we'll get there. I just want to make sure that both parties are properly protected. In fact, Liz, I think you were going to make that motion or motion similar to to that. What? What? I I think I interrupted you. I'm sorry.

No, I had another question before you vote on the contract if that's okay. All right. So, um so so Bruce, um did you make a motion? Uh yes, I'll make that motion to uh authorize you as the acting chair or Kristen, if Kristen is available, to sign the contract uh just as soon as Paul and Jeff talk about the a little amended language to the contract. And but I did have another contract. I I I I will open it up for discussion, but but so there's been a motion. Is there a second? And do we want to cite the line? I think we should. I believe it's 10.2. section 10 10.1 10.1 10.1 10.1 I call it the Paul section. Thank you Paul.

Cuz I saw that too. I I had the same reaction and I'm not a lawyer. So uh there's been a motion. Was there a second? Second. All right. Further discussion. Yes, Liz. Okay. I had a question about expert testimony. So, you have, like Paul was saying, the that that stuck out to me, too, but I figured someone else would bring it up. And thank you for bringing that up, Paul. Um, you have professional liability. You also have, I don't know, five different professional engineers on here.

Correct. Um, and expert testimony. So, that does sound like there, you know, it sounds like what Paul was talking about, but I had a question about the expert testimony um fee. So this is saying in essence it's $290 an hour if you have to do expert testimony which includes the preparation which can be that's correct and it is build in eight hour increments. So, does that mean if we had nine hours of expert testimony, that would be 16 hours we'd pay for? That's correct. That is for court proceedings, not and preparation. Public hearings, but not public hearings. That is if you have to go to court.

That is if we're being called in as an expert. I don't believe we can be called in as an expert in court. I'd ask the attorney. If we're already your town engineer, we would not be eligible to be a expert witness. Well, then why do you This is our standard rate sheet for every project we do everywhere. So, we get hired by attorneys to be expert witnesses for court cases as engineers. But, but you're sort of saying in this in this page that you're professional and you're expert and then in the other page that not so much. I think it's a standard reskin is what he's saying. Correct.

Yeah. I and and and I'm sorry when I was as I'm looking at I I was focused on 10.1 but I think probably my my comment you know also applies to 10.2 you know as well. I I I I was going to say when Bruce was making the motion maybe we should just make it section 10. Section 10. Section 10. Yes. You know again section 10 should have some exception to it to say in in total that is accepted um if otherwise covered by insurance. Are you okay with Bruce with that modification? Correct.

Did I answer the question about the expert witness to your satisfaction? It's okay. I'm going to vote. I don't I don't like voting for things that we haven't gotten the final say on. I think we've only been to court twice in 50 years and we've never had an expert witness required. I know if you don't ask the question then it comes up and if you do and I'm happy to continue that. That's why I was asking I wanted to make sure the board was comfortable. Kristen and I think Liz the the motion the way I understand it is if we change section 10 to reflect the intent of what Paul is saying then I can sign it.

Right. If we don't get there before the next meeting, then we'll then we'll have to talk about it at the next meeting. So, I won't sign it unless Paul says yes, they inserted the language that I recommended. Correct. It's sort of like a conditional approval of sorts. Yeah. Yeah. Um Kristen will make sure I address it. Um, further discussion from the board before I open it up to the public. Okay. Any any public comments? Yes.

Yes, Letty. Come on up. Was it reviewed by town council already? Town council? No. No. No. No. I have not. Any further discussion? Should it be reviewed by town council? I think it's a fair Yeah. Um, the question was raised. Does anybody want to speak to that? Well, I'd ask Glenn, you know, to see how similar this is to contracts that are signed in other towns. I wouldn't think it would be necessary to go that extra step.

Glenn's not an expert. I'm I'm happy to say that I'm not a contract expert, but this looks like Yeah, I was contracts that we've entered into with other engineers over the past 35 years. Standard boiler plate. Thank you. And we have all Kristen, what do you think on that? Should it be reviewed now? Would town council first? The fact that we have a lawyer on the board makes me more comfortable that that we're and that it seems like a standard contract. And you know, it also has a a 30-day um out if we needed to.

Yeah, I did notice that as well. Any further discussion from the board? Any further public comments? All right. Seeing none, um, we have a motion in a second. Um, is everybody clear on what the motion is? Could you repeat it? Yeah, let's do that. I can. Motion to authorize the chair to sign the contract when section 10 is resolved with Paul Kleinman. Any further discussion? All right, seeing none, we'll move to a vote and it'll be a roll call. Uh, Bruce

I Paul I Doug I Brett I Liz nay. Uh, and I'm an I. Uh, the vote is six to one. I Oh, I'm sorry. Kristen, it's okay. You forget quickly there. Sorry, Kristen. Go ahead. Were you an I? I'm an I. Okay. All right. So, the eyes have it six to one. Thanks so much. I'll give you my uh cell phone. Yeah, I'll connect with you after the meeting. Perfect. Yeah, thank you, Jeff.

All right. Um, next on the agenda, uh, we have a letter from, uh, the Lampry River Advisory Committee regard regarding the proposed transfer station in Eping. Um, Mark, do you want to speak to this? No. No. Okay. Uh, well, the the letter kind of speaks for itself. Uh but I would say that in claim in that letter it claims that Brentwood was set sent a plan set. We have not received a plan set.

Did you request one after? Uh well I from the first letter we received I said I told you that I called the town of Eping and at that time they didn't have a plan set and that when it hit the planning board process they were going to send me a a plan set. So they haven't accepted an application yet? No, this is all still within the realm of this state New Hampshire dees. I I I I could I suppose I could call them and I'm sure they have a plan set submitted. Um prior to application,

I'm sure they do. I was just going to wait until it hit the planning board process. I don't know how many of you have attended any of these meetings. I keep passing this information on. Um where are you guys at? That's the question. Well, to me, it's very clear. I mean, the process hasn't begun yet. Right. The town of Eping doesn't have the information that is would be required to pass judgment on a site plan. This is the card before the for us. Everybody's kind of freaking out for lack of a better term here. They're making judgments when they don't have the facts. So, it's the old case of don't let the facts get in the way of a good story. That's how I perceive it. That's probably a biased opinion.

A pretty good synopsis. It seems that some towns within the Lampray River watershed were a bit upset that they weren't notified and even though there was nothing to notify them about yet. So what I'm just keeping this board a breast that that's all including in your packets, including in your emails. See if you guys um make sure you're aware these meetings are happening and if you want to attend, attend. Um, but Bruce has a good point that it's it's very early in the process, but you may be involved in the process at any point that you wish.

I I think there's a good chance is indicated in the letter that uh the project Eping will more than likely I mean it's their choice, but they're more than more than likely vote to make this a project of regional impact where all the towns will be formally noticed. Mhm. Yes. It seems the applications they're leaning that way and that's in in in detailed in the letter in your packet. Um I agree that it probably should be at this point. There's been so much activity and questions about it. So stay tuned. I will send you more information when it's available.

Right. Um any further discussion on on this agenda item? All right. Um, seeing none, um, next agenda item is approval of the February 19th meeting minutes. Um, and I will accept a motion. Motion. Motion to approve. To approve. Um, is there a second? Second. All right. Any discussion? Uh, roll call. Bruce. I. Paul. I. Doug. I. Brett. I have read them and approve. Uh Liz abstain. Kristen I

and I'm an I. Uh the mo motion passes six to zero with one with one abstension. Uh next on the agenda is the February 26th meeting minutes. Um I'll accept a motion. Motion. It's been moved by Liz. Is there a second? I think I think Brett got there first. Um any discussion? All right. A roll call and the motion to approve. Bruce I Paul I uh Brett I Liz I Kristen I and I'm an I. The motion passes seven to zero. You will notice in those minutes there was no motion to adjourn that meeting. Everybody sort of just streamed out. Yeah. Um

by feet. So So that's the way that it appeared in the room. Um um before I open it for any final public comment, is there any other business from board members this evening? Okay,

just a reminder um Tuesday. Yeah, I don't know if we have um folks planning to be there to answer questions outside the electioneering zone um or in the electioneering zone. I guess it is outside the election zone. Um, and we have materials if you know you're getting questions, make sure people get the information, let them know they can call Mark. We want to make sure everybody has their questions answered before the vote.

Yeah, I did send out via email what will be displayed at the polls. Um, Mr. Greenwood has looked through it uh this evening. If there's any changes to be made, I'll have that conversation with Glenn this evening and I will make those changes. Uh I will have one pages printed out. Um I have some that are already that are left over from other meetings. Uh anyone who is going to be at the polls, I will be there in the morning to hand that material to Paul and to other representatives that are there. I will be in and out of the polls all day. Um, trying to assist any way that I can. Anybody else?

Um, I I I plan to be there. I don't know my exact times yet, but I do plan to be there for a lot of the day. I've created a a name tag, so I'm I I'm identifiable. No, it's got my business card in it. It's from NHMA. It's got a magnet on it. It's kind of really nice. That's where I kept it. Um, so people can identify who I am and you know I think that's important especially when people are voting. So you have to be outside right? Do you have to be outside for the I am not electioneering. So there is a spot for people who are electioneering. Okay.

I am not electioneering. I am handing out information. I'm not telling people to vote yes. Not telling them to vote no. I'm handing them that one pager. So, the rules of electioneering do not apply. And I'm going to check with Melissa Hanland on that just to make sure that I'm not doing anything or being anywhere that I'm not supposed to be. Good idea. Um, is it the one pager that Kristen had prepared? Because that does have checks all the way down. I will give the other one that she created. Okay. Uh, the green one, right, Kristen? It was green.

Yeah, that one um I thought would work a little better online. Um, it does say the Brentwood Planning Board recommends, which I thought was fair to say since we voted to put them forward on the ballot, but y'all, if y'all have anything you want to change, just let me know. Do you think the one with the check marks, Glenn, is is I thought we That's a question to ask the Melissa Ask Melissa Handlin, huh? Okay, I I will definitely do that. But we as board members could have that outside. It's just Mark maybe can't pass that one out. Right. And it is would be fair to say that the board approved or supports this because it was a legal vote of the board to support that and put it forward to the

informationational. It'sformational. Yeah. But are the checks like checking? Yes or no? Yeah. Let me show I can show it to you right now. You need to ask the person who is responsible for saying whether or not they're comfortable with that being electioneering or not. The checks. That probably is a little over. I I can take the checks off and give them a new version if that would be better. Yeah, I think that would be wise. The statement that the board supports it is certainly a fair one because we tell them outside the polls if we're

if you're going to be there I think we tell them please vote for all those you could have a sign that's my line please vote no money or it could be much worse while he's looking for that I wanted to publicly thank Mr. Finnen for his time with us. I know that Kristen brought it up, you know. Absolutely. Absolutely. Thank you. You made me stand up and I that takes effort. Your your time with the board and and your experience and your demeanor has always been something that u I aspire to be and and I thank you for bringing me on to the board.

I'm not giving you any more money. So, thank you very much and uh we do appreciate it and don't think your time with us is done. Well, thank you everybody. I've enjoyed it thoroughly. Uh I'm very proud to say I'm on this planning board and I've learned a lot from each and every one of you and I wrote a big speech but I forgot it. Make it quick and simple. But thank you very much. Well, I I I would just like to second that. I'd also like to thank Doug as somebody who um you know is still pretty new to this board. Doug has been so welcoming and helping me learn the ropes and um I just couldn't be more appreciative. Um and you're not done yet. So

and I'm also known as Doug Squared. Yeah. I I would also like to thank Kristen because and the whole committee because I thought she did Yman's work this past year. Absolutely. This is so much accomplished. You really feel like you're on a board that makes decisions, really thinks things through, lets everybody have their turn. It just Thank you, Kristen. Hope you can hear me. I can. Yeah, I I really appreciate every everything that everybody's done this year. And um Doug, if you you could give a speech um at town meeting, that would be wonderful.

It will have to be remote. Um, all right. So, um, so Mark, you had uh that's your one pager. And um um and as you said, you you'll be talking to Melissa Hammer. I'll ask Melissa. I mean, personally, I that that's just a check mark. It doesn't say yes, it doesn't say no. It's a check mark. So, where you place your check mark is what you know on you. I I I think that's a little iffy. That's all. a check is better than I I mean I I I feel comfortable, you know, wi with the understanding that that, you know, Melissa will will, you know, will review and, you know, give us her her opinions.

I I'll I'll print out amounts of each one just in case. But I'll probably go over early and check and then print out the ones that she approves. How about that? Makes sense. I think the strongest is still having people there though that Yeah. Yeah. No, 100%. Maybe just one more note if I could. I had the opportunity to attend the C Coast housing forum this afternoon and uh it's a lot of discussion on what different towns were doing this year and I I talked a little bit about our ordinances that came into play largely through the HOP grant

and how we you know had a component in there to require a certain percentage of uh commercial space within our multif family zone. and Darren Wiom the e the exit economic director got up and he said hey uh I'd be willing just call me anytime he said I'll be willing to come up and talk to the board about commercial opportunities and what you might do to encourage some commercial opportunities once you kind of get rolling if this all passes and we move forward he's we've we've heard him before yes he's very except they do too many of the same kind of you know businesses on the same street

all All right. Um before I open it up for for public comment, is there um any other business from board members this evening? Okay. Um seeing none, um any uh public comments. All right. Um seeing none, um is there a motion to adjurnn at this time? Motion. It's been moved by Liz. Is there a second? Second. All right. Uh any discussion? Roll call. Uh Bruce I. Paul. I. Doug. I Rat I Liz I thank you for being so prompt Kristen I thanks everybody

and I'm an I the motion passes 70 we are adjourned and please make sure to hit your microphones thank you everybody good night thank you I appreciate that signing off