BOS Minutes 06-07-2005

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

June 7, 2005

APPROVED – June 21, 2005

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. Victor Danevich, Mr. Harold Lynde, Mr. Jean-Guy Bergeron, Mr. Edmund Gleason, Mr. Tom Domenico, Mr. Tom Gaydos, Town Administrator

Also present:

ABSENT:

Members of the press and general public.

None

Mr. Danevich reminded residents that the Selectmen and= the Park & Recreation Advisory Commission made the basketball courts at the= Dennis Lyons Park available on a first-come, first-served basis and were not intended for reservations.

Mr. Danevich announced that the Pelham Police Relief&#= 8217;s Bike Rodeo would be held at Pelham Elementary from 10am-1pm on June 11, 2005. He also noted that the Skate Park Opening Ceremony would be held at 9:30 am.

MINUTES RE= VIEW

May 31, 2005

MOTION:<= o:p>

(Gleason/Lynde) To approve the May 31, 2005 meeting minutes as amen= ded.

=

VOTE:

(5-0-0) The motion carri= ed.

The amendments to the minutes were as follows: page 3,= 1^st paragraph the following sentence was added ‘It was later determined t= hat the file was not available.’; paragraph 4 – the words ‘Up= on return’ were added to the following ‘Upon return, Mr. Gaydos sa= id the Secretary..’; paragraph 5, 8^th line the word ‘solved’ shall read ‘resolved’; page 6, 2^{nd
paragraph – the following sentence was added ‘He also stated th=
at
it was his opinion that the licensing of the trailer was an attempt to
circumvent the Town Ordinances and was contrary to the will of the people w=
ho
enacted the Town Regulations.’; 3^rd paragraph the sentence
reading ‘Mr. Lynde said there was a variance.’ was amended to read ‘Mr. Lyn=
de
said there was a variance on the property for the junkyard operation.’=
;;
the public hearing continuation date reading June 9, 2005 was amended to re=
ad
June 7, 2005; last paragraph, 5^th line the word ‘for’
replaced the word ‘from’ in the following ‘…laborat=
ory
tests for the water..’; 6^th line, the word
‘report’ was added to the following ‘…Roland Soucy
report indicated that…’.}

OPEN FORUM=

Ms. Charlotte Moore, Secretary, Pelham Firefighters Association introduced Mr. Shaun Doherty and the President of the Pelham Firefighters Association Erik Fehmel. Mr. Fehmel presented Mr. Doherty with an award for outstanding achievement in the Eagle Scout rank

APPOINTMEN= TS

Interviews= for Board Positions

Mr. James Hog= an: CTAC – He said he had been on the committee since 1999 and given the situation with Adelphia and the probable merger or takeover of franchise he would like to continue through the transition. The current Cable TV space was discussed, which would be discussed by CTAC. Mr. Domenico asked if the current Adelphia contract contained an assignment provision, or if the Town would h= ave the opportunity to renegotiate. Mr. Hogan was unsure, but believed the Town would be able to hold a hearing.

Ms. Diane Ant= inarella: She said she had been a resident for eleven years and had always been interested and was willing to learn. Mr. Lynde asked if there would be any situation that may arise where= she would find herself in conflict with any plans from a development. Ms. Antinarella answered no.

MOTION:<= o:p>

(Lynde/Gleason) To appoint Mr. James Hogan as a CTAC member for a three-year term, effective as of April 1, 2005.

VOTE:

(5-0-0) The motion carri= ed.

MOTION:<= o:p>

(Lynde/Gleason) To appoint Ms. Diane Antinarella as = an Alternate member to the Conservation Commission for a three-year term, effective as of April 1, 2005. =

VOTE:

(5-0-0) The motion carri= ed.

VFW Awards= – Police Officer, Firefighter, EMT & Citizen of the Year

Mr. Charlie Mooskian, VFW Commander of the John H. Har= greaves Memorial Post 10722 discussed the VFW Awards not only in the district and t= he state, but also nationally. He said Pelham’s candidates had often come out on top and taken home the nati= onal prize. He thanked those who participate in the programs. =

Mr. Greg Atwood (EMT) was presented with the VFW Post = 10722 Certificate of Appreciation EMT of the Year. Lt. Jack Tirrell (Firefighter) was presented with the VFW Post 10722 Certificat= e of Appreciation Firefighter of the Year. Patrolman Eugene Stahl (Police Officer) was presented with the VFW P= ost 10722 Distinguished Service Award and Ms. Deb Boucher (Postal Employee) was presented with the VFW Post 10722 Citation for Citizen of the Year.

PUBLIC HEA= RING CONTINUATION – Junkyard/Automobile Recycling Facility License of:

Mr. Bergeron recused himself.

F. Gendron= & Co., 11-13 Hobbs Road, Pelham

Mr. Gaydos said at the previous meeting there were que= stions regarding the status with the state and the registered trailers (if they we= re required to be road worthy to be registered). He spoke with State Police who ind= icated there was no aspect of registering a trailer that required it to be inspect= ed, or road worthy. He then asked= the Code Enforcement Officer if there was any other aspect required; the Town Ordinance was unclear. Mr. Ga= ydos said he spoke with Project Manager, Department of Environmental Services Ke= ith Dubois who indicated that his interpretation of the Consent Decree was that= by the year 2006 the entire area would be cleared up and the scrap business wo= uld essentially no longer be allowed to operate. He agreed with this interpretation, however Mr. Gendron had a dif= ferent opinion, appealed the interpretation and was waiting for a clarification le= tter from the Attorney General’s office.&= nbsp;

Mr. Gaydos said there was a question whether permits h= ad been issued in the past. He s= aid although the Town had not issued a permit, a hearing had not been held to d= eny. It was his understanding that due = to the Consent Decree, if a license was issued it would be within the parameters of the Consent Decree. Mr. Danev= ich questioned what had changed and what should be done differently from prior years. Mr. Gaydos didn’= t believe anything should be considered different from prior years. He said Mr. Gendron was in complia= nce with the Consent Decree and those areas not complied with were being appeal= ed (by Mr. Gendron) with the state. Mr. Gaydos noted that Building/Code Enforcement Officer Roland Soucy didn’t observe white goods or anything not in keeping with the Consent Decree.

Mr. Danevich noted Mr. Gendron was still operating und= er the guidance of state control, which was a higher authority than the Selectmen.=

Mr. Gleason said in reading the Consent Decree it indi= cated white goods shall not be accepted or stored, however an abutter sent a lett= er stating white goods were on the property.&= nbsp; Mr. Gaydos said Mr. Soucy indicated he did not see any white goods.<= span style=3D'mso-spacerun:yes'> Mr. Gleason discussed the trailers= and questioned if registration was determined to not satisfy the requirements, = if the trailers would have to comply with the Town setback requirements. Mr. Gaydos said if the opinion was= that the registration didn’t suffice, the setbacks would have to be met; however if the ordinance states they don’t have to comply with the setbacks if they are registered, then they wouldn’t have to. He said the issue had been going o= n for a long time.

Mr. Gleason read paragraph H of the Consent Decree and wanted to know if the Town had granted a license in the past few years. Mr. Gaydos was not aware of a lice= nse being granted. Mr. Gleason sa= id it appeared that the Town was in violation of the Consent Decree by allowing t= hat to happen.

Mr. Lynde believed the action taken in the past couple= years was correct; the state outlined the limits of the operation. He said if the Selectmen went thro= ugh the process to grant a license it may be difficult to argue that all the criteria were met. He said the state had essentially found Mr. Gendron’s operation in violation of s= tate law and had pursued a remedy in court and entered into a Consent Decree whi= ch restricted the operation and placed a lien on the property for the state to recover their costs. Accordin= g to the Consent Decree Mr. Gendron’s ability to operate would run out in a year. Mr. Lynde recommended t= hat the Selectmen take no action.

Mr. Domenico said an argument could always be made tha= t the state regulation trumped the local ordinance. He questioned why section H of the Consent Decree stated that local approvals must be obtained before Mr. Gendron could participate in any allowable activities. Mr. Lynde said the state had not c= ome and shut Mr. Gendron down. He= said the Town was not party to the document.&nb= sp; Mr. Domenico believed if a license were granted, Mr. Gendron would o= nly be allowed to conduct activities as outlined in the Consent Decree. Mr. Lynde reiterated that he didn’t believe all the criteria could be met and a hearing would then need to be held to deny. He q= uestioned what the state was doing about the fact that Mr. Gendron was not given a license. Mr. Gaydos reviewed = the language in the Consent Decree and said if the Town wanted to deny the lice= nse, or find Mr. Gendron in violation, the Town would be in a position to instru= ct the Code Enforcement Officer and the courts to close the operation down. Mr. Gleason asked if a cease and d= esist letter had been sent to Mr. Gendron. Mr. Gaydos believed a letter had been sent in the past (prior to the five yeas), but there was no further action. Mr. Gleason asked if there was a t= ime period stated in the letter. = Mr. Gaydos did not know.

Mr. Lynde discussed the history of the parcel and Mr. Gendron’s operation. It= was his belief that due to the Consent Decree and its limitations it was unders= tood that there was no value in the Town pursuing further. He said some things still needed t= o be done and believed it was the state’s intent to do so. He said a final plan still needed = to be submitted. Mr. Gleason said t= he Consent Decree called for the plan to be submitted three months prior to expiration.

Mr. Gaydos pointed out that the state placed a number = of liens on the property because the state intended to clean up the property a= nd follow through. They were wai= ting for the interpretation of the appeal questions Mr. Gendron submitted to the Attorney General’s office. Mr. Gaydos said he didn’t know what was different this year ve= rsus last year if a license was not granted (no action taken). He said if a license was granted it could be done to the extent that it complied with the Consent Decree, knowi= ng that the state would follow through in 2006. As a point of history, Mr. Lynde recalled in the past that the Selectmen held a hearing to deny the license (approximately 6 years ago) with the premise of being a public nuisance. He said it was appealed in court, = but upheld. He couldn’t rec= all taking any other action to grant a license.

Mr. Gleason said he would not take action to grant a l= icense and suggested it be forwarded to the state to see what they would do about it. He didn’t feel that= the information forwarded to the Board in the past four years indicated the situation had been improved by the applicant’s conduct. He saw no good faith evidence that= past policy should be changed.

Mr. Gaydos said the Selectmen could either do nothing,= or schedule a public hearing to deny. Mr. Gleason said he would be in favor of continuing the hearing to obtain additional information. Mr. Domenico said he would favor continuing the matter until a formal decision = was received by the state regarding the various courses. Mr. Gleason said there had been no response from the state over the past four years. There was a brief discussion regar= ding what action, if any, the Selectmen would take.

Mr. Lynde wanted to know from the state what they woul= d do if the Town took no action, approved a license, or denied a license. Mr. Domenico questioned if there w= ere grounds for denial by the fact that Mr. Gendron operated the facility last = year without a license. Mr. Danevi= ch said the Board had not taken any action and by default, Mr. Gendron was all= owed to operate up to the level of the Consent Decree. He pointed out that the Consent De= cree was signed by numerous people including Mr. Gendron, who had the right to protest it. Mr. Danevich said= the Selectmen had to weigh it’s representation to the Town, the obligatio= n to the abutters and the obligation to the applicants and business owners. He didn’t feel he could supp= ort a full renewal because Mr. Gendron had not shown any level of effort for compliance; however he was not clear if there were sufficient grounds for an outright denial. He questione= d if the state Consent Decree would override a denial.

The Selectmen further discussed what actions could be = taken; there was a consensus to seek comment from the state prior to making a decision. Mr. Danevich questi= oned if the Selectmen wanted to post the next meeting (June 21, 2005) for consideration of denial versus simply continuing. Mr. Domenico preferred simply cont= inuing the meeting and making a determination to schedule a public hearing at that time. Mr. Gleason agreed with continuing the meeting until hearing from the state. Mr. Lynde agreed.

PUBLIC INPUT

Mr. Fred Gendron (applicant), = 13 Hobbs Road began by saying the interpretation that he didn’t have a license was ‘pushing the envelope’. He said up u= ntil April 1, 2005 he= had a state license and when the RSA’s changed a few years ago the state made the decision for the towns to handle licensing. He said the first item on the Green Yards Program list was to get a license, which is why he applied. He said there was a lot of give an= d take and things were being straightened out.&nb= sp; He believed he had done what was required of him and would continue doing so. He said not everyth= ing was clear cut when reading the Consent Decree.

Mr. Lynde asked how the state was treating him since he didn’t have a state license. <= /span>Mr. Gendron said the state dropped the area when they decided to get out of the licensing business. Mr. Lynde= asked Mr. Gendron what the consequences would be if he didn’t have a license from the Town. Mr. Gendron sa= id the RSA stated a license was needed to operate and said as far as he knew he st= ill had an operation with the state.

Mr. Roland Raza, 1 Hobbs Road said one reason for denial was the mandate to produce a certified plot plan.&= nbsp; He questioned if one was on file.&n= bsp; Mr. Gaydos assumed there was one on file. Mr. Raza said when the area was be= ing cleaned the Federal Government did a plot plan that was not to be used by t= he abutters or Mr. Gendron, however Mr. Gendron had turned it in to the Town.<= span style=3D'mso-spacerun:yes'> Mr. Raza said Mr. Gendron knowingl= y didn’t have a plot plan. Mr. Danevic= h asked Mr. Gaydos to verify the information. Mr. Raza said the only reason the trailers were on the property was because Mr. Gendron was playing a game to spite the abutters. He said he had a berm on his prope= rty holding back the hazardous waste. He said the remedial area was not supposed to have anything on it, b= ut there was, and Mr. Gendron knew it. He said there was a court decree that stated Mr. Gendron was not suitable to give a license to and couldn’t believe the Selectmen were considering it. He recalled t= he license being denied. Mr. Raz= a said he eye witnessed the white goods on the property. He said a license didn’t hav= e to be granted. He said Mr. Gendr= on was notified in 1991 that he was running a dangerous operation (hazardous waste) and didn’t do a thing; he spilled it over to the abutter’s properties and sued them for adverse possession, but lost. Mr. Raza ended by saying he was ag= ainst Mr. Gendron getting a license.

Ms. Joan Talbot, 7 Hobbs Road said there was a question asked abo= ut how the junkyard would operate if the Town didn’t issue a license. She said the junkyard could operate under the Consent Decree without a Town license. She believed the reason the Town l= icense was being requested was so a bonded dealership license could be issued. She didn’t recall a variance= being granted by the Town to buy, sell, repair used cars/heavy equipment. Ms. Talbot discussed the trailers = on Mr. Gendron’s property and informed that they were not road worthy and on= e of which was not mobile. She que= stioned if any of the inspectors could determine what was contained within the trailers, since they had been parked for approximately eight years (since 1997). Storage of parts (that previously contained fluids) would be a violation of the Consent Decree. Ms. Talbot didn’t understand= how the junkyard could be in compliance with the Consent Decree because there w= as supposed to be a report provided and the remedial area was supposed to be cleared. She said if there wa= s an allowance of any further activity it may delay the clean up of the site. She didn’t want to worry abo= ut any further contamination problems.

Mr. Jim Kennedy, 15 Hobbs Road said the trailers were an eyesore; = and the tires for which didn’t touch the ground. He said the area behind the fence = was a hazardous waste area. Althoug= h Mr. Kennedy didn’t see any white goods this year, last year there was a steady stream of vehicles bringing white goods onto the site. In summary he was against granting= Mr. Gendron any type of license. =

Mr. Lynde asked if it would be possible to arrange for= a Town inspector to tour the site with someone from the state to determine ge= neral compliance and to review for possible materials in the trailers leaking possible contaminants, and to ascertain if the remediation area was cleared= of material. Mr. Gaydos said the= remedial area was not cleared and Mr. Gendron had appealed/questioned whether the st= ate’s interpretation was correct; the state was awaiting an answer from the Attor= ney General’s office. He sa= id he could ask the state to inform if they reviewed the contents of the trailers.

Mr. Gleason said originally he was in favor of waiting= to schedule a hearing for denial, however he would like to reconsider based on testimony regarding the certified plot plan, white goods, contents of the trailers and the non-clearing of the remedial area. He was not adverse to notifying fo= r the next meeting the option of denying the permit and at the same time asking t= he state for clarification/ramification of actions.

Mr. Domenico said he would feel more comfortable suppo= rting Mr. Gleason’s opinion if he knew there was no plot plan on file. Mr. Gaydos said he could review the file. Mr. Danevich didn’= ;t feel there was any harm in posting the next meeting with the potential for a vote to deny and at the same time requesting an opinion from the state. Mr. Lynde believed if the meeting = was posted for possible denial the Selectmen should be prepared to have informa= tion to make a clear decision. He = was not convinced the Selectmen would be prepared. He wanted to understand how the st= ate would react to the process. H= e also wanted a report as to what was in the trailers. Mr. Domenico maintained his origin= al opinion to simply continue the hearing to the next meeting, however if the = plot plan was not in the file or Mr. Gendron was found to be in violation Mr. Domenico felt the next step was to deny.&n= bsp; Mr. Danevich went with the majority to continue the hearing to the n= ext meeting. Mr. Gleason felt prolonging was doing a disservice to the Town.

Mr. Lynde said he was not in favor of granting a licen= se and wanted to know what the next action would be of the Selectmen if the licens= e was denied. Mr. Gleason said up u= ntil this year, the state had issued the license and now had abdicated the responsibility to the Town, which necessitated more responsibility.

The public hearing was formally continued to the June 21, 2005 S= electmen meting.

Coombs Use= d Auto Parts, 415 Mammoth Road, Pelham

Mr. Gaydos said there was a question regarding water l= ab tests requested by Health Officer Paul Zarnowski. He said Mr. Zarnowski had asked the Coombs’ to perform some tests on their drinking water well (i.e. VOC’s) which may indicate if there had been spills on the property. He said there was a question regar= ding storm water and the prevention program; a draft had been completed but not yet submitted to the Pollution Prevention Program. Mr. Gaydos said there was also a question about tires and if they should be covered. He said the state didn’t see= much difference in tires either covered or uncovered, other than uncovered tires= (with standing water in them) tended to be breeding grounds for mosquitoes. He ended by reporting that six sec= tions of the fence had not yet been constructed.=

Ms. Paula Morse (Coombs’ oldest daughter) and her brother Mr. Norman Coombs met with the Selectmen to discuss the Coombs̵= 7; application. Ms. Morse said t= hey ran out of lumber, placed an order for more last Friday, and expected deliv= ery this Thursday. She said they = picked up the water testing kit and would be sending it out tomorrow.

Mr. Domenico asked Mr. Gaydos if he received clarifica= tion from Code Officer John Hodge regarding the differences in the Fire Inspecti= on reports at the various facilities. Mr. Gaydos said Mr. Hodge was not available, but he asked for clarif= ication, which should be received shortly.

There was no public input.

Mr. Gleason said in the absence of the fence and water= test he saw no recourse except to continue the hearing. Mr. Gaydos didn’t believe the water test was part of the criteria. He said part of the Storm water Prevention Program was compliance wi= th the state. Mr. Danevich said a water test was not a requirement for licensing. Mr. Gleason said he raised the wat= er test as a concern. He was requesting a continuance until such time as the fence was installed and the water test results were done.

Mr. Lynde said last week the Coombs’ testified t= hat the fence would be done. Ms. = Morse said she had hoped it would be, however, they didn’t have enough lumber. Mr. Lynde questioned = what assurance the Selectmen had that the fence would be done this week. Ms. Morse said the lumber order was placed and they were waiting for the arrival. Mr. Lynde said a lot of progress h= ad been made, but didn’t want to continue waiting. He believed there were two options= : 1) schedule a hearing for denial and if the fence was up, cancel the denial; o= r 2) continue the hearing for two weeks and if the fence was not up at that time, schedule a hearing for denial. Mr. Domenico said a 90-day license could be granted contingent upon a fence bei= ng installed. Mr. Lynde felt the Coombs’ intentions were correct and saw no reason for the fence not t= o be installed. There was further discussion and concurrence that the public hearing would be continued for t= wo weeks at which point, if the fence was not fully installed a hearing for de= nial would be scheduled.

The public hearing was formally continued to the June 21, 2005 S= electmen meting.

Mr. Bergeron returned to the Board.

OTHER BUSI= NESS

Update of = Special Town Meeting

Mr. Danevich said the Selectmen had previously decided= to hold a Special Town Election for the reconsideration of the revaluation project; the following week the date of September 13, 2005 was chosen to hold the special election. At the last meeting= Mr. Gaydos was tasked with speaking with the department heads and taking under consideration any outstanding emergency, life safety or any other special considerations the Selectmen should consider when preparing for the Town Meeting.

Mr. Gaydos reviewed the costs of the following items f= or consideration by the Selectmen: 1) fuel costs, minerals (salt and sand) $45,000; 2) insurance (increase to adequate amount of coverage for Town bui= ldings) $12,000; 3) brush cutting, road line painting $16,000; 4) Town truck (1991 Ford) repair $12,000 (possible additional $8500) / subcontract $30,600 (one season)= / purchase new truck (package complete) $94,000; 5) revaluation not more than $565,= 000 (analysis of vendors still to be completed).

Mr. Danevich asked how the question would be addressed= on the ballot. Mr. Gaydos said t= he question would be presented as the Operating Budget (with default) as it wa= s at the original Town Meeting. He= said if the amount was defeated, the default budget would remain. Mr. Danevich confirmed that the Operating Budget would not be broken out into separate warrant articles and= would be a single number (one question) regarding a revised budget. Mr. Gaydos answered yes. Mr. Danevich said it would be impo= rtant for the Selectmen to clearly indicate to the tax payers what the number represented.

Mr. Gleason said in review of the revaluation companie= s, the strategy was to go with the lowest qualified bidder. He reviewed the other = items for consideration listed by Mr. Gaydos and noted for each category identifi= ed the money would have to be allocated to the appropriate department. He believed that requested operati= onal budget would require both the Budget Committee and Selectmen’s approval. There was no disagreement. In summary, Mr. Gleason was considering the revaluation, fuel costs and the purchase of a n= ew truck (in order to avoid additional costs for subcontracting or additional repairs).

Mr. Lynde wanted Mr. Gaydos (in conjunction with the Department Heads) to present the Selectmen with the numbers needed to run t= he Town properly.

Mr. Bergeron discussed the need to pass the revaluation. He wanted the Department Heads to review the items discussed by Mr. Gaydos and determine = if there were other areas they could save to take up the cost of the items. Mr. Bergeron felt the ballot shoul= d be minimized to only request the revaluation.

Mr. Domenico said the Selectmen needed to take a hard = look at the items brought forward by Mr. Gaydos and went on to discuss each. He wanted to review a detailed ana= lysis for each of the items.

Mr. Danevich questioned what would happen if the reval= uation was budgeted at a higher number than it actually came in at. He wanted to know if the remaining= funds would return to the General Fund. Mr. Gaydos said the additional funds would be available. Mr. Gleason said it would be bottom line, the same as the Operating Budget.&nb= sp; Mr. Domenico recalled that assurances were made that the number woul= d be managed aggressively, remain in the General Fund and would not be reallocated.

Mr. Danevich said if there wasn’t a revaluation question, a special election wouldn’t be considered, and the items be= ing discussed would wait until next March.&nbs= p; He would only support the revaluation request.

The Selectmen further discussed the items brought forw= ard by Mr. Gaydos and the importance to clearly understand the ramifications and impacts. Mr. Gleason felt the= fuel could be covered by the storm reimbursement funds (approximately $40,000), which would require a public hearing. After additional discussion, Mr. Dome= nico asked Mr. Gaydos if he could identify $100,000 in savings in all of the remaining Town budgets and present to the Selectmen the impact of those transfers.

Mr. Danevich asked for a conclusion of the discussion.= Mr. Gleason was considering the tr= uck, highway safety, insurance and revaluation.= Mr. Lynde said because he didn’t know the impact of the current budget, he could not vote. He= wanted to know the ramifications of the actions.&= nbsp; Mr. Bergeron still was leaning toward the revaluation only. He felt the departments should keep cutting. Mr. Domenico said he= would support: 1) $20,000 fuel; 2) $12,000 insurance; 3) $6000 highway safety; an= d 4) subcontracting the Highway Department vehicle $25,000 (conscious of the fact that leasing the truck = would be financially irresponsible). Mr. Gaydos pointed out that $120,000 of the Highway Block Grant Fund had been taken, even though there was still the possibility of having an earlier winter.

Mr. Danevich said the only concurrence of the Selectme= n was regarding the revaluation. Ba= ckup data would be provided to the Selectmen once the top two companies were determined. For the next meet= ing Mr. Gaydos understood that he would come up with $100,000 savings out of the budgets and report to the Selectmen. He was hopeful to narrow down the company for the revaluation by the next meeting. Mr. Gleason sai= d once a company was determined a meeting should be set up with the Budget Committ= ee to provide information.

MtBE Revie= w and Discussion

The Selectmen were provided with a document (prepared = by Department of Environmental Services dated April, 2005) that listed areas in the state that indicated MtBE and other ether contamination sites (94 were listed). Mr. Bergeron said a meeting was held at the L= egislative Building to discuss= MtBE at which Congressman Charlie Bass spoke about funding for remediation. He discussed the areas in Pelham t= hat were listed in the document. = He suggested adding an agenda item for an upcoming meeting to discuss the stat= us of the sites and possible solutions. Mr. Danevich said he would be willing to work with the Planning Board and Mr. Gaydos to gather information from DES and report back to the Selectmen.

Signalizat= ion of Town Center

Mr. Danevich said the signalization of the Town Center was one of the top priorities of the Selectmen, but had not been updated in awhile. Mr. Gaydos said he was caught in a dilemma and needed the guidance of the Selectmen to proceed. He said NRPC (Steve Williams and h= is team) held a discussion with the Selectmen and together the best solution w= as decided; probable cost came up to be in the less than half million dollar range. He said Commissioner C= arol Murray met with Mr. Bergeron and NRPC, filled out an application to the government indicating that the cost for the project would be approximately = one million dollars. He said they= had requested what the breakdown was, but had not been successful. Mr. Gaydos, Mr. Bergeron and Mr. Williams met with representatives in Senator John Sununu’s office who indicated that the more detailed the plan, the better the chances were for receiving funding. He said he= would like to have NRPC come back and discuss the sketch again. Mr. Gaydos said he had asked the H= ighway Department what it would cost to help out with the work (i.e. repaving, widened, address drainage issues) on the 8300SF (approximate cost $250,000); the synchronized lighting would cost approximately $375,000 altogether tota= ling $625,000. Mr. Gaydos asked ho= w the Selectmen wanted to proceed, either with the $625,000 amount or the one mil= lion as submitted by Ms. Murray. <= /p>

Mr. Bergeron said he discussed the situation with Mr. Gaydos. He said he saw Commis= sioner Murray quite often and spoken with her.&nb= sp; He said Ms. Murray sent the first request for one million dollars, w= hich included the synchronized signalization, two turning lanes, and possible wo= rk for 1000-feet leading to the intersections. He said the money had been request= ed, and hopefully the Town would be successful. If successful, Mr. Bergeron believ= ed the Town would work with DOT because of the state road involved in the project. He was hesitant to r= equest something other than what had already been requested in the event that the initial request fell through. He said if a lower number was requested there may be a chance of falling short= of funds. He said there had been= a lot of requests, but Ms. Murray indicated Pelham was included.

Mr. Gleason believed that a portion of the million dol= lars was for the removal of the fire station.&n= bsp; Mr. Bergeron said the cost wouldn’t be for removing it, but to help move it. Mr. Gleason didn’t want to accept federal money that mandated replacing the fire station because there were associated costs for such. He didn’t feel that the mill= ion dollars were defensible in the present format. He also hadn’t heard about t= he expected closure/finalized date. Mr. Bergeron said Ms. Murray had to fill out the original request no= ne of the discussions addressed moving the fire station; he heard about moving= the fire department many months later. He believed it was a four to one vote to move forward with the GEOD study. Mr. Gaydos said it cam= e as a surprise that the cost came up as one million dollars; the request form contained twenty-six questions, none of which was a breakdown of the million dollars. Several requests had= been made for Ms. Murray to contact Mr. Gaydos, but no contact was made. Mr. Gaydos said NRPC indicated they would try to follow up on the breakdown.&n= bsp; He said for the project to happen, the Town had to go to the Federal Representatives and start pushing the project.

Mr. Lynde asked who would administer the funds. Mr. Gaydos believed because part o= f the project involved a state highway the federal government would look to the s= tate to administer the funds. Mr. = Lynde questioned how the numbers Mr. Gaydos came up with were justified. Mr. Gaydos said NRPC calculated 83= 00SF of road widening. Mr. Lynde a= sked if Mr. Williams would ‘sign up’ to that number. Mr. Gaydos said he could ask.

Mr. Domenico was not in support of signalization or sp= ending money until there was a decision regarding the disposition of the real esta= te located in the center of Town. Mr. Danevich said a majority of the Board had already moved toward signalization and the Selectmen needed to continue. He asked if the Board wanted to continue with the $1,000,000 or the $625,000. The Selectmen discu= ssed how to proceed. Mr. Gaydos suggested that Mr. Bergeron r= equest a breakdown once again from Ms. Murray’s office; if there was no succ= ess, Mr. Gaydos would go to Executive Councilor Ray Wieczorek and get the (one million dollar) breakdown from Ms. Murray’s office; if defensible, the breakdown would be given to the Town’s federal representatives. He said it was important to find o= ut the status.

Priority L= ist

Mr. Danevich asked that the Selectmen review the prior= ity list and provide any comments/updates for the next meeting.

Old Town = Hall Deed Review

Mr. Danevich read the deed aloud.

Mr. Lynde said the Town voted to give the Old Town Hall to the VFW, but there were two parcels listed one was just land. Mr. Gaydos believed it was intende= d that the property would be transferred. <= /span>Mr. Lynde questioned how that was known. Mr. Lynde noted that there was no consideration involved in the tran= saction. Mr. Danevich said that may be able= to be revised by Town vote. Mr. Gay= dos said there had to be some consideration paid and would seek clarification f= rom Town Counsel. Mr. Gleason sai= d when the Board of Adjustment reviewed the property it was viewed as one entity because a variances were associated with the land. Mr. Danevich agreed. It was decided to seek clarificati= on regarding the two parcels.

Mr. Danevich said the next steps were to revise the de= ed and present it to the VFW. He sai= d Mr. Gaydos had three remaining action items to close out the Old Town Hall: 1) remove sign; 2) move CERT program; and 3) remove boxes stored. Mr. Gaydos believed a good date for transfer would be July 5, 2005.

Mr. Charlie Mooskian (VFW Post 10722 Commander) came f= orward to speak to the Selectmen. He= said the Warrant Article (#45 from the 2004 Town Meeting) was written that the building would go to the VFW, not to the Pelham Memorial Post VFW. He was not comfortable with a lot = of the language contained in the deed and hoped that the VFW would have the opportunity to have legal counsel review prior to the transfer of the deed.

Mr. Gaydos asked Mr. Mooskian to whom the Town was dee= ding Old Town Hall. Mr. Mooskian said the building was being deeded to the Veterans of F= oreign Wars of the United States, National Office (Washington address). He said the Warrant Article specifically stated if the ‘organization’ ever disbande= d, not if the ‘Post’ ever disbanded the building would revert back= to the Town. Mr. Gaydos said whe= n he read the article he thought ‘the organization’ referred to the = ‘local’ Post. Mr. Danevich asked if M= r. Mooskian believed that the voter (when approving the Warrant Article) understood they were donating the building to a national organization. Mr. Gleason reviewed Article #45 a= nd noted that it read ‘…to donate the old town hall, 6 Main Street= , to the Veterans of Foreign Wars of the US, Pelham Memorial Post 10722.’<= span style=3D'mso-spacerun:yes'>

Mr. Gaydos will review the legal changes. Mr. Danevich said the transfer preparations for = July 5, 2005 would continue.

Planning D= irector Resignation

=

MOTION:=

(Lynde/Bergeron) To accept, with regret, the resigna= tion of Planning Director Will D’Andrea.

=

VOTE:

(5-0-0) The motion carried.

Mr. Lynde asked when resumes were due for candidates.<= span style=3D'mso-spacerun:yes'> Mr. Gaydos said resumes were due b= y the end of the month; five or six had already been received.

Exemption = Review

Mr. Danevich said the tax abatement process was listed= as #9 on the Selectmen Priority List. He said with the default budget, every area was being reviewed. The Selectmen were provided with a= list of exemptions currently being granted. Mr. Gaydos explained how the exempt= ion process worked and wanted the Assessor to address the Board regarding such. He noted that the Town assigned the value of the exemption, but the criteria was set up by the sta= te. Mr. Danevich said the intent was t= o begin to work on this item.

Mr. Gaydos said he would like to schedule public heari= ngs at the next meeting regarding discretionary preservation easements. He said three years ago legislatio= n was passed that allowed for assessment of a discretionary preservation easement= s on structures and two applications had been received.

TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORTS

Mr. Gaydos had no report.

Mr. Domenico and Mr. Lynde had no reports.

Mr. Bergeron said he previously reported that he atten= ded an economic meeting and informed that the report (dated May 24, 2005) was now = on the NRPC website and could be accessed from the homepage title ‘Road Ahead – Greater Nashua̵= 7;s Economic Future’.

Mr. Gleason said he submitted to the Selectmen a recom= mended letter on formulation of the 2006 budget and would like it added to the age= nda for the next meeting. He felt= it was important to demonstrate that the Selectmen were setting guidelines.

Mr. Danevich said the CIP Chairman would make a presen= tation at the next meeting. He noted= that the NRPC report on real estate sales showed Pelham to have the highest medi= an sales price in Hillsborou= gh County.

REQUEST FOR NON-PUBLIC SESSION

The non-public session was requested by Mr. Danevich to review correspondence from Town Counsel.&n= bsp;

MOTION:=

(Lynde/Bergeron) Request for a non-public session pe= r RSA 91-A:3,II,e (Consideration or negotiation of pending claims or litigation= )

=

ROLL CALL:<= /b>

Mr. Danevich-Yes; Mr. Lynde-Yes; Mr. Bergeron-Yes; M= r. Gleason-No; Mr. Domenico-Yes

Mr. Danevich noted that when the Board returned, after= the non-public session, the Board would not take any other action publicly, exc= ept to possibly seal the minutes of the non-public session and to adjourn the meeting. The Board entered in= to a non-public session at approximately 10:45 pm. Also present = was Mr. Gaydos.

The Board returned to public session at approximately = 10:58 pm.

=

MOTION:=

(Domenico/Bergeron) To seal the minutes of the non-p= ublic session indefinitely.

=

VOTE:

(5-0-0) The motion carried.

ADJOURNMEN= T

MOTION:<= o:p>

(Domenico/Bergeron) To adjourn the meeting.

=

VOTE:

(5-0-0) The motion carri= ed.

The meeting was adjourned at approximately 10:58 pm.

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;           Respe= ctfully submitted,

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;           Chari= ty A. L. Willis

   &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;           Recor= ding Secretary