BOS Minutes 06-29-2004

APPROVED

TOWN OF PELHAM

BOARD OF S= ELECTMEN MEETING

MINUTES

June 29, 2004

APPROVED – July 13, 2004

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. William McDevitt, Mr. Victor Danevich, Mr. Haro= ld Lynde (arrived shortly after the meeting commenced), Mr. Jean-Guy Berger= on, Mr. Richard Derby, Mr. Tom Gaydos, Town Administrator

Also present:

ABSENT:

Members of the press and general public.

None

&nb= sp;

The Chairman, William McDevitt, opened the meeting at approximately 6:30 pm.

MINUTES R= EVIEW

June 22, 2004=

MOTION:=

(Derby/Danevich) To approve the June 22, 2004 meeting minu= tes as amended.<= /p>

= ;

VOTE:

(4-0-0) The motion carr= ied.

The amendments to the minutes were as follows: page 2, motion – term reading ‘of April 1, 1004 and expiring April 1, 2007’ shall be amended to read: ‘of April 1, 2004 and expiring April 1, 2007’; page 2, 1^st paragraph – the word ‘to’ shall be inserted into the following sentence ‘…gentleman to ste= p over it’; page 2, bottom paragraph – the word ‘is’ shal= l be replaced with the word ‘was’ ‘…the process was started…’; page 4= , 4^th paragraph the word ‘an’ shall be amended to read ‘and= 217; ‘above and beyond’= .

OPEN FORU= M

None.

Mr. Lynde arrived.

APPOINTME= NT(S)

Fire Chie= f E. David Fisher – Goals and Objectives for Fire Study Committee

Mr. McDevitt said the Selectmen had met with the Fire= Chief on more than one occasion to discuss the need for determining a future loc= ation for a central fire station and determining where substation(s) might be. Several weeks ago it was agreed t= hat a committee would be appointed to review; first the Fire Chief was to come b= ack with more specific goals and objectives for the committee.

Fire Chief E. David Fisher met with the Selectmen. He requested that Mr. Gaydos read= the goals and objectives of the committee that had been composed and submitted= to the Selectmen. Mr. Gaydos re= ad aloud the objective of the committee.&nbs= p; (This committee’s mis= sion will be to identify locations = for a central fire station and possibly a satellite station. These locations will be selected = based upon determinations of proposed station size and need with a projected twe= nty year horizon)

MOTION:=

(Danevich/Derby) To accept the Goals and Objectives= for the Fire Study Safety Committee as written by the Fire Chief.

= ;

VOTE:

(5-0-0) The motion carr= ied.

Interview= s for Fire Station Building Committee=

Mr. McDevitt said there were some last minute applica= tions and if a person was not present, the Board would not refuse to interview t= hem at a later date.

Fire Chief E. David Fisher noted that three Selectmen= had submitted applications. He s= aid the Selectmen may want to address the submissions, due to the need for posting= a meeting as well as the fact that the Fire Study Committee would be advisor= y to the Selectmen.

Mr. Bill Sca= nzani, 1 Victoria Circle noted that he was a member of the Planning Board and Chairman of the CIP a= nd believed he had a lot to offer since he had served on other building committees. He felt that he = could help the committee in their work. Mr. Lynde asked if Mr. Scanzani had any biases as to what the Town = should be doing with fire stations; specifically how would the need for, and loca= tion be determined. Mr. Scanzani = said the Town had a CIP and collected impacts fees for fire stations. He believed population and respon= se time would dictate location.

Mr. Ed Gleas= on, 3 Bush Hill Road said he was interested in improving the Town’s infrastructure in the= most economically responsible way. Because Mr. Gleason is currently a member of both the Board of Adju= stment and the Budget Committee, he said he was familiar with the operations, and= as he perceived the needs of the Town. Mr. Lynde asked what approach would be used for the need and locati= on of the fire station. Mr. Gleaso= n said he had no preconceived biases. He didn’t care about the location and felt it would be driven by the available space and service it would provide to the community.

Lt. Jack Tir= rell, 110 Old Gage Hill Road No= rth said he would like to have input into a place that he held close to his he= art. Because he had made a career of w= orking for the Town, he believed he had insight to the most appropriate immediate needs and also those needs for the future. He asked what the Selectmen expected to gain from the committee. Mr. McDevitt said based upon prev= ious discussions, the Selectmen were seeking a recommendation on the location o= f a central fire station and the location of sub-station(s). Lt. Tirrell felt there needed to = be specific guidelines so the committee members would know what was expected = of them. Mr. Danevich felt the = bottom line was that the warrant article had failed, but the problem didn’t= go away. He said guidance and t= he research was needed and didn’t want to place any constraints on the committee, other than to work within the goals and objectives and make a recommendation back to the Selectmen, hopefully for presentation to the vo= ters for 2005. There was further discussion regarding the type of research the committee would perform and = its focus to come up with a plan that included backup documentation. The committee could come back to = the Selectmen for additional direction. Lt. Tirrell said he would seek additional feedback because the deci= sions would have a great impact on the community. He asked if a budget had been app= ropriated. Mr. McDevitt said if the committee determined that they needed a budget, it might be something they asked the voters for in March. Mr. Ber= geron discussed the issues involved with the planning to fill all the needs of the Town, w= hich is where the committee could step in and help.

<= /o:p>

Chaplain Edw= ard Richard, 8 Tallant Ro= ad said he had been a Fire Department Chaplain since 1969 in Manchester, Merrimac and now Pelham and believed in that time had seen what the needs if a fire department and community could be. He said = he would like to be involved to ensure that the needs of the fire department,= as well as the community were met. Mr. Danevich asked if Chaplain Richard was serving on any other Town boards. Chaplain Richard answered no. Mr. Lynde asked what approach wou= ld be used to determine the fire station needs and locations. Chaplain Richard believed the Fire Chief, members of the Fire Department and community members should be list= ened to regarding the needs. He w= anted to ensure that the committee also looked to the future when planning.

<= /o:p>

Mr. Alan Far= well, 29 Tenney Road said he had been a part of the fire department for twenty-four years and h= ad seen the growth. He was conc= erned about looking to the future of the Town given the amount of growth that was being experienced. He was al= so concerned about the cost and being the most cost efficient when establishi= ng equipment and buildings. From reviewing other towns, Mr. Farwell felt it was a good time to volunteer and help the community. Mr. Dane= vich asked if Mr. Farwell was serving any other Town boards or committees. Mr. Farwell answered no.

<= /o:p>

Lt. James Mi= dgley, 129 Turtle Hill Road, Dracut, MA said he had been involved with public safety = for approximately seventeen years, four of which in Pelham. He believed that having fire figh= ters on the committee would greatly serve the community as a whole because they wo= uld be able to provide a great amount of input. Mr. Danevich asked if Mr. Midgley= served on any other Town committees. Lt. Midgley answered no. Mr. Dan= evich pointed out that Mr. Midgley was from Dracut, MA, and generally resident= s were on boards.

<= /o:p>

Fire Fighter= James Foley, 5 Chase Island Road, Atkinson said= he would like to be on the committee because he was involved when East Derry built their fire sub-station. He felt that the Pelham Fire Depa= rtment had outgrown the current station. Mr. Lynde asked what criteria should be used for locating a central= and sub-station. Mr. Foley belie= ved a time distance study should be used. He didn’t believe the Town should base its fire station locat= ion on surrounding communities, but rather for the Town because that is who wo= uld be serviced by such. He said= basic life support should have a four minute response time and advanced life sup= port should have an eight minute response time per national standards. Mr. Danevich asked Mr. Foley if he served on any other boards. = Fire Fighter Foley answered no. &nb= sp;

<= /o:p>

Lt. Ray Cash= man, Jr. , 25 Regina Avenue, Raymond, NH said he had been affiliated with the department since he was fifteen years= old and planned to continue his career in Pelham until retirement. He felt he knew what the fire fig= hters needed to perform their job and his goal was to ensure that the department= implemented such items to allow them to do their job in years to come. He said he had spoken with other = fire departments that had built stations and discussed what they liked, what they wished th= ey had, and what they wished they didn’t do. He believed that information coul= d be used so that similar mistakes weren’t made. Mr. Danevich asked Mr. Cashman if= he served on any other boards. = Lt. Cashman answered no.

<= /o:p>

Mr. McDevitt said three Selectmen had submitted appli= cations and suggested that the Chair appoint a Selectmen’s Representative. He recalled that the Fire Chief w= ould be on the committee, or head the committee.&= nbsp; Mr. Danevich believed one of the conditions of forming the committe= e was that the Selectmen were unanimous in the condition that the Fire Chief cha= ir the committee.

Mr. Danevich made a motion to appoint the applicants = that had been interviewed by the Selectmen conditioned upon those who are not P= elham residents will not vote during the final approval vote.

MOTION:=

(Danevich/Derby) To appoint Mr. Bill Scanzani (Pelh= am), Mr. Ed Gleason (Pelham), Chaplain Edward Richard (Pelham), Mr. Alan Farw= ell (Pelham), Fire Fighter James Foley (Atkinson), Lt. Ray Cashman, Jr. (Ray= mond), Lt. Jim Midgley (Dracut, MA) to the Fire Station Building Committee, conditioned upon those who are not Pelham residents will not = vote during the final approval vote.

= ;

VOTE:

(5-0-0) The motion carr= ied. (see below for reconsideration of motion as well as amended motion)

<= /o:p>

Lt. Jack Tirrell’s name was inadvertently not c= alled in the motion. The Selectmen formally amended their motion.

MOTION:=

(Danevich/Lynde) To reconsider the motion to appoint applicants to the Fire Station Building Committee.

= ;

VOTE:

(5-0-0) The motion carr= ied.

MOTION:=

(Danevich/Lynde) To appoint Mr. Bill Scanzani (Pelh= am), Mr. Ed Gleason (Pelham), Chaplain Edward Richard (Pelham), Mr. Alan Farw= ell (Pelham), Lt. Jack Tirrell (Pelham), Fire Fighter James Foley (Atkinson)= , Lt. Ray Cashman, Jr. (Raymond), Lt. Jim Midgley (Dracut, MA) to the Fire Station Building Committee, conditioned upon those who are n= ot Pelham residents will not vote during the final approval vote.

= ;

VOTE:

(5-0-0) The motion carr= ied.

Mr. Bob S= cheirer, Fire Suppression Water Location

Fire Chief E. David Fisher and Mr. Bob Scheirer, Prog= ram Manager Southern New Hampshire Resource Conservation and Development Area Counsel met with the Selectmen and explained that the Rural Fire Protection Initiative had been worked on in conjunction with the Town. Mr. Scheirer introduced Mr. Linds= ey Carter, Coordinator of Counsel and Mr. Wilber Webb-Palmer, Chairman of the Board. Mr. Carter discussed = the project initiative, which in part identifies future water supply sites within the = Town and also to help develop a plan for future expansion. He reviewed the items contained i= n the plan and what other areas of assistance they would be willing to provide.<= span style=3D'mso-spacerun:yes'> Mr. Webb-Palmer presented the Sel= ectmen with the final draft of the initiative.&n= bsp;

NRPC Haza= rd Mitigation – Final Approval

Mr. Danevich asked if any changes had been made to the Hazardous Mitigation Plan since the time that the draft was posted. Fire Chief Fisher explained that approximately one month ago a representative from NRPC had come before the Selectmen and presented a Hazardous Mitigation Plan. At that time the Selectmen were a= sked if the plan would be accepted; the Selectmen accepted the plan; it was then s= ent to FEMA who reviewed the plan and accepted it with no changes. Chief Fisher said Mr. Steve Wagne= r of NRPC was unable to attend the meeting, but asked if the plan could be sign= ed by the Selectmen so a notarized copy could be sent to = Washington D.C.= Mr. McDevitt confirmed that Chief= Fisher agreed and supported the recommendations and conclusions of the report. Chief Fisher answered yes. Mr. McDevitt also confirmed that = the Selectmen’s signatures indicated the acceptance by the Board. Chief Fisher answered yes. He then submitted a letter from M= r. Wagner relative to research he had been asked to do in connection with airplanes and their flight patterns.

Hinds Lan= e Land Purchase Vote (Map 26 &27, Lot 2-79= )

Mr. McDevitt said a site walk was posted (for June 26, 2004)= and attended by four Selectmen, members of the Conservation Commission as well as membe= rs of the public. He said there we= re a number of questions a couple of which were the frontage, and the number ac= res.

Conservation Chairman Bob Yarmo, Mr. Dave Hennessey, = Mr. Paul Gagnon met with the Selectmen to discuss the Hinds Lane Land purchase= . Mr. Yarmo said the number of acre= s is one hundred thirty five (135) acres in Pelham and eight (8) acres in Hudson. Mr. Hennessey said as part of due diligence an agreement had been made with the seller to do a survey of the property to determine frontage and the general outlines of the lot. Mr. Yarmo said there had been a subsequent meeting with the engineer and came away from the meeting that t= here was frontage on Hinds Lan= e (with as little as 50ft. and as much as 80ft.).

Mr. Bergeron asked if there was a positive vote if a certified plot plan would be obtained at or before closing. Mr. Hennessey said the agreement = was to have a perimeter plan before signing.

Mr. Danevich also noted that there had been a discuss= ion regarding burned out cars. M= r. McDevitt asked if the Commission would address the cars before the Town to= ok possession of the land. Mr. = Yarmo said the cost had been researched and believed the cost would be approxima= tely $1500 (for the cars to be loaded and hauled).

Mr. McDevitt said another question was if the Conserv= ation Commission had a quorum the night the public hearing was held. He said there were three people a= t the hearing. He couldn’t r= ecall if the Selectmen had taken a position regarding the number of board member= s; historically there had never been more than six full-time members. He suggested that the Conservation Commission hold another public hearing if there was any doubt if there was= a quorum. Mr. Yarmo said clarification would be needed regarding the number of members. Mr. Gagnon said they would schedu= le a public hearing for July 12th or 13^th. Mr. McDevitt asked Mr. Gaydos to = make a note to research the number of Conservation Commission members. Mr. Gaydos said he met with the T= own Clerk and started working in the 1950’s but didn’t find anythi= ng regarding a Conservation Commission. He said as late as 1971 through the late 1970’s there were al= ways seven members. They would re= search warrant articles to find when the Conservation Commission was established.= Mr. Gagnon said to be safe, they = would schedule a public hearing. H= e noted that during the hearing there was not one negative thing said. He asked that the Selectmen consi= der voting because of time constraints with the seller. Mr. McDevitt didn’t see any= reason why the Selectmen could not vote at this time. He said if they heard negative fe= edback, or the Conservation Commission changed their mind, the Selectmen could reconsider their vote.

Mr. Danevich reviewed the issues that needed resoluti= on: 1) quorum vote of the Conservation Commission; 2) survey/plot plan or perimet= er plan prior to closing; 3) precise determination of frontage; 4) removal of= the burned out cars post purchase.

MOTION:=

(Danevich/Lynde) To move forward with the purchase = of the Hinds Lane land (Map 26 &27, Lot 2-79) in the amount of $780,000 (fr= om current use fund with no tax impact) conditioned upon: 1) quorum vote of the Conservat= ion Commission; 2) survey/plot plan or perimeter plan prior to closing; 3) precise determination of frontage; 4) removal of the burned out cars post purchase.

= ;

VOTE:

(5-0-0) The motion carr= ied.

Mr. Yarmo said any amount spent for the survey and ca= r removal was anticipated to be refunded through the timber value of the land.

Mr. McDevitt thanked all the people involved for thei= r hard work.

* see below for additional APPOINTMENT(S)

OTHER BUS= INESS

2004 Warr= ant Article Review

Campbell Road Area Betterment Project<= /b>

Mr. Gaydos said because the Town was told that summer= time was the best time to meet with the residents, he would like to set up prel= iminary meetings with the engineering firm to find out if there was an agreement a= bout what improvements would need to be made.&= nbsp; He said if an agreement couldn’t be reached, there was no sen= se spending any money. He said = the number one job was to get a consensus.&nb= sp; Mr. Gaydos said that the Town had not finalized all the improvements that would be made. He said = there had been some comment that if the project was scaled back some people woul= d not be in favor of supporting it with their fee. He reiterated that a consensus wa= s needed regarding the work. He belie= ved the most practical and least expensive way would be to call a neighborhood mee= ting, walk the site and agree what would, and would not be done.

Mr. Lynde understood that there needed to be a determ= ination regarding the extent of the construction.= He said there had been an initial walk on the site last year. Mr. Gaydos said there had been a = site walk in the fall, but wanted to schedule an additional walk now so most of= the residents could attend. Mr. = Lynde asked what Mr. Gaydos meant by consensus.= Mr. Gaydos said there had not been a public hearing about what actu= al improvements would be made. = Mr. Lynde confirmed if someone disagreed, the RSA would allow them to petition= the Selectmen to reconsider their decision.&n= bsp; Mr. Gaydos noted that the Selectmen had not decided to go ahead wit= h the project because they didn’t have anything to go ahead with. Mr. Lynde discussed the petition process. Mr. McDevitt said t= he RSA should be reviewed. Mr. Lynde confirmed that one person could not stop the project. Mr. Gaydos said they could stall = it indefinitely.

Technology P= lan Update

Mr. Gaydos said some purchases had been made and the = Town was moving forward on schedule. Mr. Danevich provided a brief update of the upgrades that had been made.

Survey of To= wn Parcels – deferred.

Greater <= st1:City w:st=3D"on">Salem Chamber of= Commerce – deferred.

* see below for additional OTHER BUSINESS

APPOINTME= NT(S) CON’T….

Bergeron = Auto Recycling/Junkyard License Renewal

Mr. Bergeron recused himself.

The Selectmen began by accepting public comment.

Mr. Ray Belleville, 176 Marsh Road, believed he shocke= d the Board at the last meeting when he reported that one of Mr. Bergeron’s wells had a reading of 7128 parts. He said he called Ms. Sarah Kern of the Department of Environmental Services (‘DES’) who confirmed that there was a reading and sa= id they would continue monitoring the well.&= nbsp;

Mr. John Sergi, 161 Marsh Road representing a number of residents= in the Marsh Road area, including some on W= ilshire Road. He said a letter had been prepared for the Selectmen with the help = of some of the residents in the area and using a report from the state which informed about the situation at Mr. Bergeron’s place. He wanted to inform the Selectmen= that the residents were upset and concerned because the house values in the are= a had depreciated considerably because of the water pollution. Mr. Sergi read aloud the letter t= hat had been submitted to the Selectmen which outlined the residents concern about= the contaminated drinking water. The residents were concerned that the contamination had not improved. It was beyond the resident’s understanding how the Selectmen could knowingly allow Mr. Bergeron’s business to continue while the problems exist; they were of the opinion th= at some corrective action should take place immediately to protect the famili= es from further contamination of the drinking water. It was understood that the decisi= on was not pleasant for the Selectmen, but wanted them to be concerned about the problem in the same manner as if it were happening in their own drinking w= ater. The letter stated that the proper= ty values had been dramatically affected by the water contamination and the l= ack of appeal by prospective buyers. An example was one resident tried to refinance their home in order to make so= me repairs; the bank sent the inspector and after making the report to the ba= nk, the bank decided they would rather not refinance with ongoing pollution problems in the area. The re= sidents were also experiencing expense to purchase drinking water; in addition the= re is anxiety of future health issues of the families whose water is tainted. As taxpayers and residents of the community the request is that the Selectmen vote to support the immediate = closure of the salvage/repair facility and removal of the vehicles.

Mr. Sergi said the residents had no special vendetta = against Mr. Bergeron and understood that he was trying to do business, and had don= e so for a number of years. He sa= id it was a business doing business in a non-conforming area and had affected the surrounding homes through water contamination and devaluation. He said as a matter of routine, t= he residents had to purchase water; however they could not stop the fact that= they were cooking, showering and doing laundry in the water. The residents felt there were ong= oing possibilities that there were deteriorating affects that were unknown at t= his time. Mr. Sergi said there w= as a report that backed the resident’s concerns. He discussed Mr. Bergeron’s = site and noted that there were hundreds of vehicles sitting, getting rained on = and over time were dripping into the ground.&= nbsp; He said with all the action taking place, the situation had not imp= roved and could do nothing but get worse while the business was running. He said the residents were lookin= g for action, not talk.

Mr. Gaydos reported that he received the April 2, 2004 l= etter to Mr. Lombardo that indicated all the requests for tests were being completed an= d Mr. Bergeron was complying with all of their requests. He contacted Ms. Sarah Kern regar= ding the high reading in excess of 7000 parts per liter and asked what it meant. Ms. Kern indicated to= Mr. Gaydos that it was one test and there were a number of reasons why it may = have been high; the property would be tested next month and that test would pro= vide information to DES whether it was normal, an error, or if it was going in a different direction. DES doe= s not go by one test, but rather through a trend of tests.

Mr. McDevitt said the Selectmen had been listening to= the DES throughout the process and questioned repeatedly if Mr. Bergeron was complying with all the requests to clean up the property and prevent furth= er contamination; the consistent answer has been yes. He said the easiest thing would b= e to vote to take the license away, however, the Selectmen had constraints plac= ed on them such as if Mr. Bergeron was complying and doing what he has been aske= d to do, it would be difficult to take away his license. He said Mr. Bergeron could be pun= ished by taking his license away, but he didn’t know if that would solve t= he pollution problem; in his opinion what solves the pollution problem is the continued reassurance from the state of Mr. Bergeron’s cooperation.<= span style=3D'mso-spacerun:yes'> He said there was a question pose= d to the Selectmen; what measures should be taken to prevent further contaminat= ion; the answer from the state is that measures have been taken. Mr. McDevitt said even if the Sel= ectmen voted to take the license away, it would still be a long and slow process.= He said if the Selectmen voted ag= ainst the license, per the state law, the owner of the junkyard could come back annually to request a license.

Mr. Sergi understood the detrimental affect to Mr. Be= rgeron if he weren’t granted a license but believed the contamination had happened in the past over the years, through the many layers of bedrock. He said the hundreds of cars on t= he site that were leaking from gaskets that had shrunk continued the situation. He felt the only way to stop the contamination was to remove the cars and break them up at a facility that wouldn’t deteriorate the earth and water. He said Mr. Bergeron may be coope= rating now and in the future with corrective action, but felt what was before the Board was the ongoing contamination from the many cars on site. He said the contamination was get= ting worse because Mr. Bergeron had no control over the situation because the c= ars were still on the site. Mr. = Sergi discussed the problems residents faced when trying to refinance as well as= the problems they face with depreciating values.

Mr. Lynde said the Selectmen received a letter from M= r. Lombardo (after he had reviewed the Weston report) that stated the MtBE se= emed to be improving. He said the= one reading appeared that there was a specific problem. He understood that there shouldn&= #8217;t be cars lying out there with gasoline in them. He said reading came from the gas= oline additive MtBE which would not be found in the transmissions or crank cases= . He assumed that there was a proce= ss in place for the removal of gasoline and other fluids before it went into the yard. He noted that the well= with the high reading was a new well placed in an area that had been remediated= with new soil. Mr. Lynde question= ed if Mr. Lombardo, or Ms. Kern should meet with the Selectmen to discuss the si= tuation. He said if the decision was made = to shut Mr. Bergeron down and the vehicles were removed, it would do nothing for t= he soil. He said the assumption= , based upon the letter from the state was that Mr. Bergeron was complying. He didn’t know what the high reading meant, since that type of spike was an occurrence of somebody spil= ling something. He reiterated his question if a representative should meet and discuss the situation.

Mr. Gaydos said he asked Ms. Kern about the high read= ing; Ms. Kern said there was quite a bit of difference from 1500 to 7800, which could be a false reading, or per Weston’s report that the Permiox treatment had exhausted its remedial capacity or a number of other reasons. His understanding w= as that there were no vehicles on the property that had engine oil or transmission fluid; those fluids are removed before the vehicle is stored.

Mr. Lynde said another question for the state was the= soil removal near the old well (MW6), which is close to the new well (MW6R) and= said maybe they didn’t remove enough soil. Mr. Sergi said former Governor Sh= aheen had a different outlook on the situation and decided to spend $8000 to $10,000= for filtration systems. He said = the present administration was asking the residents if they would like the equipment r= emoved, and if the resident said no, the state will come and test the levels; based upon the level, the state gave the resident the opportunity to purchase the system. He heard that the re= ason the state was getting tight with it was due to the cost to back-wash the systems. He said under the n= ew administration, the residents haven’t had any service lately and the water was getting worse in some areas.&nb= sp; He said the state was backing off on the responsibility of maintain= ing the systems because it is costly. He said it appeared that it was a strategic move for the state to s= ave money. Mr. Sergi wanted to k= now if the gas tanks of cars on site had been removed. He said the dirt could only be re= moved where there were no cars and didn’t believe that the dirt under any = of the cars had been removed. He didn’t feel that corrective action would take place until/unless Mr. Bergeron removed the cars and dirt on the site and suggested that it could= be turned into a land development to recoup costs.&= nbsp;

Mr. Belleville said that the court case against Mr. B= ergeron had been won by the residents. He said in the final sum received ($80,000), the residents would have to pay = the state for the maintenance of the contamination because they claim the syst= em will be needed for twenty-five years.&nbs= p; He then reviewed the history and said when DES asked for an initial= site characterization on May 31, 2002 they gave Mr. Bergeron 90-days to hire a state engineering firm; at the end of the time period, Mr. Bergeron requested a 30-day exten= sion during which time the engineering firm hired found the levels to be 35pts – 811 pts per billion. DES then requested Mr. Bergeron to conduct a site investigation to find the ex= tent and magnitude of the contamination on site and off site surrounding areas.= The investigation was to include = installation and additional monitoring wells, soil and ground water sampling and analys= is of ground water flow; the owner (Mr. Bergeron) stated that he was unable to c= omply with DES within the 90-days provided.&nbs= p; He ended by saying Mr. Bergeron was not complying.

Mr. McDevitt asked the Selectmen what action they wan= ted to take. Mr. Lynde said he woul= d like the state to meet with the Selectmen.&nbs= p; He felt it was in the best interest for everyone if the state ident= ified the issues/problems on site and the actions to be taken to remediate the site. Mr. McDevitt said the Selectmen had not seen anything from the state that would indicate that everything possible was not already being done. Mr. Lynde questioned how it was p= ossible that a well was dug and the first reading was 1530 in January, 2004 and two months later the reading was 7180. = Mr. McDevitt said the Selectmen imposed a condition during the last license he= aring that the Selectmen get from the DES an understanding that Mr. Bergeron was complying with their requests. He then reviewed the Health Regulation and the language pertaining to 90-day extensions. He believed the = Selectmen had to agree, or not, if Mr. Bergeron met the conditioned imposed on him.<= /p>

Mr. Danevich said the decision facing the Selectmen w= as difficult. His personal opin= ion on junkyards was they were dated and believed in the future there would not be junkyards in Town. He review= ed the regulations and Zoning Ordinance pertaining to vested rights of a pre-exis= ting junkyard; he then reviewed the regulation regarding the approval of license/applicat= ion which requires: 1) statement from Code Enforcement Official that site is conforming; 2) statement fro= m Health Officer that the site is conforming; 3) Fire Department sign off on parcel= ; 4) statement from New Hampshire DES indicating conformance. He said the conditions for approv= al per the ordinance had been satisfied; however the ordinance did not say under = what grounds it could be denied. =

Mr. Bob Hart, 3 Wilshire Lane said his MtBE levels were high.= He questioned how the Town, state= and Mr. Bergeron let everything get to the point it was at now. He said within two weeks of purch= asing his home, the state contacted him and informed that his water was no good = and they would be putting a filter system in his home. He didn’t feel that people = could say they didn’t know the land was polluted/contaminated. He also didn’t feel that a = permit should have been issued to build the home. He believed Mr. Bergeron had operated too long. Mr. Hart said his water and the p= ressure was terrible and smelled; the filtration system was noisy. He reiterated his feelings that t= he people and the state let Mr. Bergeron contaminate the area. Mr. McDevitt felt Mr. Bergeron was guilty of sloppy practices otherwise he wouldn’t have been required = to redo so many things. He said= the state, other residences and towns have been caught by surprise by MtBE. He said the Town did not know, an= d had no reason to know that Mr. Bergeron was polluting. He said town after town made the horrific discovery that resident’s wells were polluted with a legal substance (MtBE); it is legal in the state to possess and unfortunately it= gets to be dealt with on the local level. He said until DES sent a letter to the Town there was no reason to = know it was polluted. He said the= Town didn’t have the where-with-all to perform tests; the Town relies upon DES. Mr. Hart said he contac= ted Ms. Kern and questioned why he was getting a filtration system, and when they = knew that the water was contaminated and why he was not notified. He said the answer from Ms. Kern = was ‘buyer beware’. = He said in the beginning the water was being tested every three months, now no one services the tanks. Mr. McDe= vitt said the residents had to stay in touch with the local officials so the legisla= tive delegation and senator could be asked why residents are not receiving service. He said another act= ion the Selectmen would take was to ask Pennichuck Water if they would extend furt= her down Marsh Road.

Mr. Lynde believed somewhere down the line, the system failed. In the last several = years the Selectmen found it necessary to develop a junkyard/automotive recycling regulation because the Town relied on the state statute and inspections. The Town also developed a well ordinance, however one of the things that happen is the test results may be provided to buyers at the time of the sale.

Mr. Sergi said he didn’t believe in ‘blind-siding’ anyone and felt that the group owed it to the B= oard to inform the Selectmen if the rules and regulations left no choice but to issue a license (of whatever term), the group also had their choices, which were similar to Mr. Belleville’s approach. He understood that the decision w= as difficult and believed Mr. Bergeron could change his type of business. He said the residents were not purposefully trying to hurt Mr. Bergeron but had to do what was best for them. They were not aware of= Mr. Belleville’s actions at the time, but now that they are aware of the situation wanted to voice their opinion.&= nbsp; Mr. Sergi asked that the Selectmen temporarily hold back issuing a license until the state provides their opinion directly to the Selectmen.<= span style=3D'mso-spacerun:yes'> He believed someone from the Board should view the site with the state and make the observations and correcti= ons that were necessary. He aske= d where cars were being crushed and reiterated that the dirt under the cars had not been cleaned and believed that further contamination was taking place. He said someone should be going t= o the site periodically to review the site.&nbs= p; Mr. McDevitt said the DES touched in great detail what they had don= e to remediate such concerns. Par= t of what the state asked Mr. Bergeron to do was to correct those situations. He said the question before the Selectmen was if Mr. Bergeron was complying with the DES in cleaning up the site. Mr. Sergi discussed wh= at actions the residents would take, such as hire an independent water compan= y. He believed the Town should hire = an independent contractor to view the property and make an analysis to the Bo= ard and then if the Selectmen decided Mr. Bergeron was not doing anything wron= g, an action could be taken. Mr. M= cDevitt didn’t believe that the Selectmen would hire their own consultant be= cause the state had ‘flooded’ the Town with engineers and experts at= no cost to the taxpayers directly, which the Selectmen relied upon heavily. He said he had no idea where the = money would come from because the Town ran on a tight budget. Mr. Sergi felt a second opinion s= hould be obtained. He said Mr. Ber= geron may be cooperating, but the situation was not getting any better.

Mr. Paul Bergeron, 173 Marsh Road said he spoke with the Selectmen a= t the previous meeting and reiterated the fact that DES took forty tons of dirt = from the site, and brought forty tons in, after which the rate of pollution went up. He also pointed out that= DES said the flow was North East and South East and questioned how there could= be a higher count of MtBE further down Mammoth Road to Carol Drive since wells had not been put in. He addressed the property values,= and noted one home on Carol D= rive that had a high count didn’t have any depreciation and sold for over $300,000. Mr. P. Bergeron sa= id the state would be taking the filtration systems out because the MtBE counts w= ere low. He noted in Maine there were warning signs when p= umping gasoline regarding the fumes that contaminate your system. He said Mr. Jean-Guy Bergeron wouldn’t pollute his own well, but it got polluted. However, now the pollution has dr= opped which is why the state wants to take out the filtration systems. He believed the filtration system= s could be purchased for a lot less if done so through an independent company. Mr. P. Bergeron said MtBE was an additive that was supposed to make everything burn well, but they made a mistake. He questioned who w= ould pay for the mistake. He said= there were lawsuits all over, except for the gas station. He didn’t understand how DE= S could say Mr. Jean-Guy Bergeron was responsible for it; they took out land, brou= ght fill in and got a higher count. He ended by saying the business started over thirty years ago and if the addi= tive hadn’t shown up there wouldn’t be a discussion. He noted by 2007 there wouldnR= 17;t be MtBE. He asked if someone wo= uld be crucified because MtBE came out, and if so he said we should look to the government.

Mr. Jean-Guy Bergeron, who had recused himself from t= he Board spoke as the applicant of a junkyard license. He said he was seeking to renew h= is license. He said his property started as a recycling facility dating back to 1953; he had been operating= it since 1969 (35 years) and noted it was a legal non-conforming business use= and had continued every year. He= said approximately three years ago an ordinance had been developed and the Town inspectors had inspected all the recycling facilities in Town (including his). Recently the inspector= s had all approved and stated he was in compliance. He said the neighborhood counts h= ad significantly dropped, as documented by DES. He said he now heard the state was taking systems out of homes because they felt there was not a problem. He said since the year 2000 if th= ere was a level of 13pts. or above, the state supplied bottled water until a system could be installed. He said = the people in the area said they were not concerned with other parts in the st= ate; he said he was concerned and noted that he had three wells on his property= and the numbers had come down. Mr. B= ergeron said there were other sites in his neighborhood that had spikes that had c= ome and gone. He said since they learned about MtBE in 2000) it had always been on his mind and his family = and employees. He pointed out th= at gasoline was a legal substance that had no purchase restrictions. Mr. Bergeron said the good news w= as that everything possible was being done to ensure that there were no spills, including his neighbors. He = hoped that people in areas that hadn’t been tested were also ensuring that there were no spills or leaks. Mr. Bergeron said renewing a recycler’s license was required once a year= (in April) and said he would like to apply in March and receive a license in A= pril for a one-year term as he had for thirty-three years. He believed he had always listene= d and tried to cooperate with the Town. = Mr. Bergeron addressed the water systems and was asked by DES to look into cal= ling people in his neighborhood to find out what type of system they were getti= ng for their money. He said he contacted a company in Windha= m to find out the cost of a system that would take out MtBE and how soon it = could be installed. He was quoted = a price of $1400 and told the system could be installed within one week. He said he received a discount be= cause he had three wells. He also = noted that his systems didn’t make noise; his water was not dirty and didn’t smell. Mr. Berg= eron spoke to the issue of banks not lending on wells that had pollutants. He said a lot of wells had pollut= ants and was told that anything in water could be purified through a system. He discussed the type of pollutan= ts that people might encounter (i.e. Raydon, stump deterioration). Mr. Bergeron discussed the W6 wel= l. He said the state had installed an additional well approximately fifteen feet from the old well; prior to installation, the levels were low. He said the numbers made no sense and had no explanation (for the increase). He asked for consideration to vote on his license.&nbs= p; He said he had never been without a license and noted if it were tu= rned down, he would not continue to operate.&n= bsp;

Mr. Lynde asked for an explanation of the policy rega= rding fluid removal from new vehicles and those on the lot. Mr. Bergeron said a lot of the th= ings they are doing now, they also did in the past, such as inspection of the vehicles at the auction as well as inspecting the vehicles for leakage once they arrive at the facility. If leakage is found a vehicle is brought into the dismantling bay and address= ed there, however leakage is not something that is seen often. He said when a car was getting ri= d of for scrap the motor and transmission (using a specialized machine) is drained. He noted that cars = at the auction were already drained. He explained the draining process used so that all the gasoline is taken out = of tanks. Mr. Bergeron said they didn’t have a portable crusher; the only part of the cars that’= ;s crushed is the center of the roof; the doors are then pushed in; this proc= ess is not done when liquid is in the car.&nb= sp; Mr. Lynde asked if the fluids were drained out of a vehicle when it= came into the yard. Mr. Bergeron = said sometimes they had to run the motor; most of the cars had very little gas = in it. He reiterated that a car= was not crushed with any fluids in it. =

Mr. McDevitt said he was personally reluctant to subs= titute his judgment with the DES and how they had set their constraints on Mr. Bergeron. He asked what acti= on the Board wanted to take.

Mr. Danevich believed there were four items that the = Selectmen could take action on: 1) work with DES to develop a long-term corrective a= ction plan and to be in communication with the residents; 2) in hindsight the Selectmen should have taken action last year – deficiencies were not= ed – the Selectmen could take action to revise the ordinance and propos= e it for Town vote being clear regarding denial criteria; 3) take immediate act= ion and explore working with Pennichuck to get water down Marsh Road; 4) Mr. Danevich felt there was enough information to take action regarding the license.

Mr. Danevich reluctantly made a motion to grant a one= -year license, based upon the find= ings of DES and supportive documentation from the Town’s Health Officer, Cod= e Enforcement Officer and Fire Chief that Mr. Bergeron is in compliance. Mr. Lynde seconded the motion. He said everything the Selectmen = had said that Mr. Bergeron had complied with the Town’s basis for granti= ng a 90-day extension. He believe= d there was a lot of work to be done to understand what was going on and to deal w= ith DES.

MOTION:=

(Danevich/Lynde) To grant a one year Junkyard License (expiring on March 31, 2005) to Jean-Guy’s Used Cars and Parts, Inc.

= ;

VOTE:

(4-0-0) The motion carr= ied. (Mr. Bergeron had recused himself from the discussion)

Mr. Lynde said the assumption was that DES was in this ‘for the long haul’ to make sure the site was being remediated= and the site was being cleaned up. He was concerned hearing some of the stories, that the neighbors/site may be = the subject of budget constraints; which should be understood as soon as possible. Relative to revisi= ng the ordinance, Mr. Lynde said it was not adopted by Town meeting, but rather b= y the Selectmen with the only constraint is compliance with the state statute. He felt the primary issue was wha= t DES was doing regarding the site and how they were dealing with the contamination. Mr. McDevitt = said he and Mr. Gaydos (and another Board member) would meet with the DES. He said the state was generally accommodating regarding controversial issues.

Mr. McDevitt ended the discussion by saying the decis= ion was difficult. He made it clear = that Mr. Bergeron did not receive special treatment because he was a Selectman;= the applicants are ‘raked over the coals’. He said there had been many diffi= cult meetings to ensure compliance.

Mr. Bergeron returned to the Board.

OTHER BUS= INESS CON’T…

C.E.R.T. = Program Space Needs

Mr. McDevitt said there had been a suggestion during = the previous Selectmen’s meeting that the old Town Hall be used for the C.E.R.T. Program until such time as it was turned over to the VFW (Post 10= 722). He asked if it would be useful. <= /p>

Fire Fighter Rich Hanegan said he had discussed the u= se of the old Town Hall with VFW Commander Charlie Mooskian. Since that time the Citizen’= ;s Corps Counsel had received a check for $27,700 to be used toward the new C= ERT team and its equipment. They= will now actively put together a grant to support the Citizen’s Corps Cou= nsel for a facility. Fire Fighter Hanegan said Mr. Mooskian had no problem working together as a team and utilizing the old Town Hall. When the VFW takes over the use of the building, the Citizen’s Corps Coun= sel would need to find out how to separate utilities for the facility because = they would not be allowed to fund another organization that is utilizing the building. He said they would= like to continue to work as a team, however when the VFW takes over the buildin= g, if there is a conflict, the Counsel will request that they don’t operat= e out of the facility because it is not their intent to take the VFW’s spa= ce.

Mr. McDevitt said as long as the Town owned the build= ing, the Selectmen could let the Counsel use it; however, once the VFW owns the building things may change because they will own the building. Fire Fighter Hanegan said the Fire Department appreciated the work being done to help the Counsel.

Mr. Bergeron recalled that the Selectmen had discussed contacting the Building Inspector to find out what it would take to bring = other spaces (classroom space in the Municipal Building and/or sp= ace next to the Police Department) to code.&n= bsp; He asked that the Selectmen keep an open agenda item to discuss the areas for future use.

Mr. Lynde asked if the funding CERT would receive when occupying the old Town Hall would help pay for the maintenance costs. Fire Fighter Hanegan said the gra= nt would be to pay the utilities, consultant fees, equipment but would not pay salaries nor would it pay for repairs or upkeep of the building. He said the building upkeep would= be the responsibility of the Counsel and its teams through volunteers.

VFW Commander Charlie Mooskian supported the CERT program. He said the septic = system for the building was on an abutter’s property, and the VFW was infor= med that if there was excessive use the septic line would be cut. Mr. McDevitt said the Selectmen w= ould look into the situation. Mr. Mooskian understood that there were a lot of groups in the Counsel and bel= ieved they would be in the same situation as the VFW as far as site plan and parking. He believed that the donation should be moved forward; the VFW is on the agenda for the upcoming Board of Adjustment meeting and would be moving forward with the Planning = Board. He felt that there was a ‘c= atch 22’ with the building’s use because of the Counsel’s high capacity usage. He said the = best situation for the Counsel would be to find a space where they wouldn’= ;t have to move; he noted that the VFW’s doors would always be open wit= h the barrier of the septic system. Mr. Mooskian ended by saying they were totally in favor of the Counsel using t= he building.

Mr. McDevitt said that the Selectmen were placing the decision on Fire Fighter Hanegan regarding the use of the building while t= he VFW was working on it. Fire = Fighter Hanegan said the intent was not to take a building from someone. He said if the Counsel was under = the Town of Pelham, it would make it easy to perform under the conditions of the grant. At the time that the VFW took ove= r the building, they would have to research to see if it was possible to continu= e to work as a partnership. He sa= id he would like to begin moving forward with the program. He said if there were any other i= ssues that he should know, he wanted to be informed. He was grateful that there was sp= ace to be utilized to move forward with the program.

MOTION:=

(Danevich/Lynde) To recommend the use of the old To= wn Hall by the Pelham Citizen Corps Counsel until such time as the VFW arrangeme= nts for the building could be worked out.

= ;

VOTE:

(5-0-0) The motion carr= ied.

Mr. Mooskian wanted to ensure that the VFW would stil= l have use of the building the first Thursday of every month. Mr. McDevitt said the VFW’s= use had previously been cleared through the Selectmen. Mr. Mooskian asked if the Counsel’s use of the building would be cleared with the abutter (who= had the septic located on their property).&nb= sp; He didn’t want the Counsel’s use to jeopardize the VFW.= Mr. McDevitt didn’t feel th= ere would be a problem because the Counsel use was municipal.

Mr. Lynde said he reviewed the extra classroom space = and noted that the space was being used for storage. He said the Selectmen should keep= in mind that there was a need for storage space.

Backhoe D= iscussion Update

Mr. Gaydos said the backhoe had been discussed at pre= vious meetings. He said he spoke w= ith Highway Road Agent Don Foss who informed that the backhoe was having a pro= blem with seizing up and was marginally, if at all usable. Mr. McDevitt said the decision to= be made was either to: 1) purchase a backhoe; 2) rent a backhoe; 3) do nothin= g; 4) or wait until a later time. = Mr. Gaydos noted that after July 10, 2004 the option of purchasing was no longer there. Mr. Danevich did not support purc= hasing given the fact that state law was changing. He supported waiting until the ba= ckhoe broke, and then renting. Mr.= Lynde felt the Selectmen had an obligation to the voters to do what is in the be= st interest of, and least cost to the Town.&= nbsp; He informed that the Transfer Station also used the backhoe for thi= ngs such as compacting the aluminum cans to decrease the number of trips. He said the least cost solution w= as to purchase a backhoe. He belie= ved if the voters were aware of the impacts for not purchasing, they may have mad= e a different decision.

Mr. Bergeron said he had struggled with a solution, b= ut now that the backhoe was barely working, there was a need for the machine now.= He said the life of the machine w= ould be well over ten years and felt it was a vital piece of equipment.

Mr. Danevich didn’t support purchasing because = the activity would become illegal after July 10, 2004 and because it went against the major= ity of voters.

Mr. Derby said the use of the machine by the Transfer Station was not taken into consideration, which made it more imperative th= at the backhoe be purchased.

It was noted that the rental cost would be $2500 per month.

Mr. McDevitt said he would go along with the vote at = Town Meeting.

MOTION:=

(Lynde/Bergeron) To purchase a backhoe with the cos= t not to exceed $70,000.

= ;

VOTE:

(3-2-0) The motion carried. Mr. McDevitt and Mr. Danevich v= oted no.

Raymond P= ark

Mr. McDevitt said the Town received a letter from the= DES dated June 23, = 2004 relative to Raymond Park. Th= ey detected some oil in one of their tests and would conduct more tests.

TOWN ADMINISTRATOR’S REPORT / SELECTMEN’S REPORTS

Mr. Gaydos said the Highway Safety Committee met and recommended that the speed limit on Shepherd Road be reduced from 30mph to 25mph in the interest of safety. Mr. McDe= vitt said the Selectmen would discuss the recommendation on July 13, 2004. Mr. Gaydos said correspondence ha= d been received from the New Hampshire Chiefs of Police Association informing that Police Chief Evan Haglund had been elected to third Vice President.

Mr. Bergeron said approximately three months ago he h= ad requested a $5000 fee to help defray the legal expenses for the Merrimack Valley Regional Water District (MVRWD); at that time the Selectmen voted to donate $2500 with the understanding that the budget would be reviewed in J= uly to see if the balance of $2500 would be available. Mr. McDevitt asked Mr. Gaydos to = add an agenda item on = July 13, 2004. Mr. Bergeron reported that the Pe= lham Seniors held their Strawberry Festival; all had a good time and a profit w= as made. He said that he and Fi= re Chief Fisher attended the MVRWD meeting last Thursday and the first item o= n the agenda was to sign the charter. He said the election of officers had taken place. He noted that the next meeting wo= uld be Thursday, September 16, 2= 004 and after then would be held every third Thursday of every month. He ended by reviewing the items discussed at the meeting.

Mr. Derby had no report.

Mr. Danevich noted that Saturday, July 3, 2004, 5pm&n= bsp; at the Independence Day Celebration the Fire Department would demon= strate their new water pump truck.

Mr. Lynde said he reviewed Pelham Veteran’s Mem= orial Park and noted that a lot of work had been done. He said Park & Recreation Dir= ector McCarthy informed that there were 25 mountain bikes and 20 kayaks that wer= e received through grant monies.

Mr. McDevitt informed that the Transfer Station would= be closed July 3, 2= 004. He also informed that the Indepen= dence Day Celebration would be held on Saturday, July 3, 2004 beginning at 4:15pm and ending with fireworks at 9:30pm – the rain date is set for July 10, 2004.&nbs= p;

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(Lynde/Bergeron) Request for a non-public session p= er RSA 91-A:3,II,c (Matters which, if discussed publicly, would affect adversel= y the reputation of any person)

= ;

ROLL CALL:=

Mr. McDevitt-Yes; Mr. Danevich-Yes; Mr. Lynde-Yes; = Mr. Bergeron-Yes; Mr. Derby-Yes

Mr. McDevitt noted that when the Board returned, afte= r the non-public session, the Board would not take any other action publicly, ex= cept to seal the minutes of the non-public session and to adjourn the meeting.<= span style=3D'mso-spacerun:yes'> The Board entered into a non-publ= ic session at approximately 1= 0:15 pm. Also present was Mr. Gaydos.

The Board returned to public session at approximately= 10:35 pm.

= ;

MOTION:

(Bergeron/Derby) To seal the minutes of the non-pub= lic session indefinitely.

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

ADJOURNME= NT

MOTION:=

(Bergeron/Derby) To adjourn the meeting.

= ;

VOTE:

(5-0-0) The motion carr= ied.

The meeting was adjourned at approximately 10:35 pm.

   &nb= sp;            = ;            &= nbsp;           &nb= sp;            = ;               =             &n= bsp;         Respectfully submitted,

   &nb= sp;            = ;            &= nbsp;           &nb= sp;            = ;            &= nbsp;                 =        Charity A. L. Willis

   &nb= sp;            = ;            &= nbsp;           &nb= sp;            = ;            &= nbsp;           &nb= sp;            Recording Secretary