BOARD OF SELECTMEN MEETING
CALL TO ORDER
PLEDGE OF ALLEGIANCE
Mr. Harold Lynde, Mr. William McDevitt, Mr. Richard Derby, Mr. Jean-Guy Bergeron
Mr. Tom Gaydos, Town Administrator, members of the press and general public.
Mr. Victor Danevich
Chairman Lynde opened the meeting at approximately .
(Bergeron/Derby) To approve the
(4 - 0 - 0) The motion carries.
Anne & Paul Dadak - (
Mr. Paul and Ms. Anne Dadak of
Ms. Dadak discussed her concern with the addition of thirty large container trucks and pointed out that the current speed limit did not appear to be enforced. Mr. Dadak believed that
Mr. Bergeron said
Based on the impact to the Town, Ms. Dadak asked if there was some method to have an impact or communication with
Mr. Dadak said the amount of traffic, or speed on
Ms. Dadak asked if the Town would place an electronic speed monitor sign to inform drivers what the posted speed was, and how fast they were going. Mr. Lynde said the Police Department had a sign, and was still in the process of trying it out.
The Selectmen asked Mr. and Mrs. Dadak to inform the Board if there were any further developments. Mr. McDevitt reiterated that a letter should be sent to the Hudson Planning Board.
* see below for additional Appointment
Mr. Gaydos informed that the
Mr. McDevitt said there had been some feedback regarding the front of the
Mr. McDevitt asked that an agenda item be added to an upcoming agenda that addressed storage of Town items, such as celebration signs and certain decorations that adorned the Town common during the holidays. He said the usage of the current Town Hall should also be addressed. Mr. Lynde suggested that the Selectmen discuss the Town Hall at the next meeting and review the options.
Mr. Lynde asked if there was a provision at the new Town Hall for meeting postings. Mr. Gaydos said there was space available on the outside of the
Mr. Bergeron stepped down.
Mr. Gaydos informed that Building Inspector/Code Enforcement Officer Roland Soucy and Fire Chief David Fisher had reviewed the junkyard permit applications.
Jean Guy’s Used Cars & Parts, Inc. - Mr. Gaydos said that the inspection report noted that Mr. Bergeron was in compliance and there had been no expansion of the property and from the state’s point of view there was compliance with the ongoing requirements.
Mr. McDevitt asked if the posting requirements for the meeting had been complied with. Mr. Gaydos said the meeting had been advertised.
Mr. McDevitt said he appreciated the quarterly reports submitted during the past year and felt that due to progress being made the stipulation for quarterly reports not be imposed this year.
Mr. Lynde asked what steps were required by the state and wanted to know the progress. Mr. Bergeron said he had been working with the state and was on track. He said a company had been hired to finalize the EPA testing. He said the first test would be done in the fall. He noted that the DES had requested some type of a pond, to which a plan had been submitted, and response was being awaited.
There was no public input.
Mr. Derby noted that if compliance did not happen, the Town would have the opportunity to rescind the license.
(McDevitt/Derby) To issue a Junkyard License to Jean Guy’s Used Cars & Parts Inc., effective April 1, 2003, and expiring March 31, 2004.
(3 - 0 - 1) The motion carries. Mr. Bergeron stepped down.
Jack Mansur - Mr. Gaydos said the Town had to acknowledge that Mr. Mansur was incompliance with the consent decree. He noted that Building Inspector/Code Enforcement Officer Roland Soucy considered the consent decree when reviewing the site and noted his belief that Mr. Mansur was in compliance. Mr. Soucy noted that he spoke with Health Inspector Paul Zarnowski who had reviewed Mr. Bergeron’s and Mr. Mansur’s sites and said that everything was in order.
() To issue a Junkyard License to Jack Mansur, effective
(3 - 0 - 1) The motion carries. Mr. Bergeron stepped down.
Mr. Gaydos said he would like to have the sites inspected (visually) in the late fall. Mr. Mansur agreed with having the inspections performed in the fall.
Mr. David Hennessey,
Mr. Lynde asked the status of setting the boundary line at the Coombs junkyard. Mr. Gaydos said that the Town was working with Maynard & Paquette, who had been on the site and completed their field work. He said he had contacted the company, but was unsuccessful with moving the date up for completion.
Mr. Jack Mansur said there seemed to be an issue regarding the sale of parts in connection with his business. He said the understanding he had with Mr. Soucy was that he would not advertise, display, or have the general public purchase parts. He said the ‘sticky’ point in the consent decree was that technically he could not sell retail parts, but he wanted it understood by the Board that once he dismantled a car, the remaining parts were being sold to junkyards. Mr. Lynde’s impression was that a junkyard license was needed, but that it was restricted to the stipulations contained in the consent decree. Mr. Soucy said there was a note on the document that was signed by the Town so that the Dealer Desk was aware of the stipulation that Mr. Mansur could not sell retail parts. He said Mr. Mansur was able to dispose of remaining parts once a car was dismantled under the junkyard license, but reiterated that remaining parts were not allowed to be sold through retail means.
Mr. Bergeron addressed the Board as a resident. He discussed the time period that the junkyard ordinance was created. He said he was present when Mr. Mansur’s application came up and at the time asked if a full license had been issued. He said he was told that a full license had not been issued, but that the same forms were being used to have all the information on record. He also said at the time he had asked that the Board announce that a full license had not been issued, but that a consent decree had been granted by the Town. Mr. Bergeron asked that the Selectmen review the consent decree because it was his belief that it stipulated that no parts could be sold. He noted his believed that the applicant had applied for a recycler’s registration, which was normally a registration for a full recycler that sold parts. He did not understand why someone would be issued a license if they were not allowed to sell parts. He felt that the consent decree should be followed since the Board and applicant had agreed to and signed the document.
Mr. Mansur said that he was not trying to expand, or change the use of his business. He said his understanding with Mr. Soucy was that he couldn’t sell parts without having a license, which was the reason for having the license, but the consent decree limited what he could do. He said the understanding was that his business would never turn into a retail business since it was in a residential area. Mr. Mansur said the technicality was that after dismantling a vehicle for parts, what remained of the vehicle was being sold back to junkyards. He then read a portion of the Code of Ethics from the Auto Recyclers Association which stated that every reasonable effort would be made to market, rather than scrap, every re-usable parts to achieve for the community maximum energy and saving benefits. He said the DES would be adopting the document as part of a new program. He said he was trying to fit into the neighborhood and do what was expected of him by the DES and the Town. Mr. Mansur reiterated that he had no intention of expanding, or selling retail parts. He discussed his reasons for needing a license and noted if an individual came to his door to purchase a part, he was not technically allowed to sell the part.
Mr. McDevitt noted that what was being referenced as a consent decree was actually an agreement reached between the Board and Mr. Mansur of what could, and could not be done on the property. He said if there was something in the agreement that was continually confusing and Mr. Mansur felt he had to continually clarified it, the point should be clarified. He strongly suggested that Mr. Mansur bring the paragraph, or sentence back to the Board for clarification. Mr. Lynde suggested adding an agenda item for mid-September for clarification.
Mr. Bergeron said a statement had been made that Mr. Mansur had a license from the state and the Town, which he clarified and noted that Mr. Mansur had an agreement with the Town, and a registration with the state.
Mr. McDevitt asked the status of the Gendron application. Mr. Gaydos said that the application was still being researched.
Mr. Bergeron returned to the Board.
Mr. Lynde noted that the Selectmen would hold a meeting
Mr. Lynde said that he saw an article regarding a project to plant disease resistant Elm trees organized by a group in
Mr. Lynde said the Selectmen should discuss the Technology plan to standardize the computer system.
TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORTS
Mr. Gaydos said there was an open file for the Planning Director applications that the Selectmen could review.
Mr. Bergeron said that he attended a Regional Water District meeting on June 26th and the next meeting was scheduled for July 10th. He thanked Mr. Gaydos for bringing him through the Municipal Complex and noted that it appeared to be nearly complete. He said that Police Chief Haglund brought him through the Police Department which he found impressive.
Mr. Derby said because he had received phone calls regarding the new intersection at
Mr. McDevitt extended a thank you to the Pelham Community Spirit who sponsored the July 4th celebration and pointed out that it was a volunteer organization. He then thanked the organizations that had made generous contributions. Mr. McDevitt said that a letter had been received by Firefighter Richard Hanegan informing that sixteen residents had received their CERT training and had been registered with the Department of Homeland Security. Firefighter Hanegan requested that the CERT team members work with Fire Chief Fisher and be allowed to go on some calls for further training. There was no objection by the Selectmen.
Mr. Lynde informed that the Planning Board met
REQUEST FOR NON-PUBLIC SESSION
(Derby/Bergeron) Request for a non-public session per RSA 91-A:3,II, e (Consideration or negotiation of pending claims or litigation)
Mr. Lynde-Yes; Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Derby-Yes
Mr. Lynde noted that when the Board returned, after the non-public session, the Board would not take any other action publicly, except to seal the minutes of the non-public session and to adjourn the meeting. The Board entered into a non-public session at approximately . Also present was Mr. Gaydos.
The Board returned to public session at approximately pm.
( ) To seal the minutes of the non-public session indefinitely.
( ) The motion carries.
( ) To adjourn the meeting.
( ) The motion carries.
The meeting was adjourned at approximately pm.
Charity A. L. Willis