SEL20100824

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

August 24, 2010

APPROVED &#= 8211; September 7, 2010

CALL TO ORDER – 6:00pm

PRESENT:

Mr. Douglas Viger, Mr. = Edmund Gleason, Mr. Robert Haverty, Mr. William McDevitt, Mr. Harold Lynde, Town Administrator Tom Gaydos

ABSENT:

None.

PLEDGE OF ALLEGIANCE

MINUTES REVIEW

August = 10, 2010

MOTION:

(Haverty/Gleas= on) To approve the Au= gust 10, 2010 meeting minutes as amended.

VOTE:

(5-0-0) The mo= tion carried.

OPEN FORUM

Mr. Jean Guy Bergeron, 184 Marsh Road who is President of Jean Guy’s Used Cars and Parts, Inc. located at 180 Marsh Road, Pelham told the Board that he had a licensed auto salvage yard at the locat= ion since 1969. He then read the following comments aloud:

Mr. Chairman and Board Members, I would like to read my comments in= to the record. I’m here to= night to testify at this public hearing to clarify what Mr. Manur’s status = was before his decree and what his status is now. I am pro-business, pro-legal business. From the first day = of his decree Mr. Mansur has been out of compliance. He sells used parts. He advertises selling used parts a= nd cars. He has applied to trade associations without disclosing his restrictions in his decree. He has become a member of two of t= hese trade associations that promote members businesses to sell used auto parts, which he cannot sell or advertise. He has done direct mailings and put ads in trade magazines selling u= sed auto parts and cars. He is a subscriber of Car Parts.com on the internet, selling used auto parts to con= sumer’s body shops, dealers and insurance companies. He has a website showing everythin= g he does, including selling used auto parts, cars and etc.

I had asked Selectmen McDevitt the night that Mr. Mansur received h= is decree this question: “= Did you just give Mr. Mansur a license like mine?” His answer: “No, Mr. Mansur = has no more tonight, then when he came here.” My response to all of you tonight = is he now has junk plates and is doing everything that I stated earlier which are= not allowed in his decree.

At this time I would ask that you consider repealing indefinitely t= he decree because of the deliberate defiance of what you allowed in the decree that was done in good faith by the Board.&= nbsp; I believe that when the Board worked on the decree they tried to fin= d a way to license Mr. Mansur for the first time and I believe he let them down. Mr. Mansur claims he’s had a junkyard for over fifty years, a family business. The State statute defines a “junkyard” as a piece of property that has more than one unregistered vehicle on it. <= o:p>

I want to again disclose to you as I have in the past, that when I checked with the Town of Pelham in 1968 to how many licensed junkyards were in Pelham and what were their names, I was told there were five licens= ed yards and the names were Coombs, Steve Strougham, State Line Motors, Gendro= ns and Ray Nault. Mr. Mansur was= not on the list of licensed junkyards. Mr. Mansur’s piece of property, like any other piece of proper= ty in New Hampshire, may have had more than= one unregistered vehicle and by the New Hampshire statute would be called a “junkyard”. Havin= g more than one unregistered vehicle is illegal unless you are licensed. Also an exception of up to five an= tique cars, that must be screened, has been recently added to the statute.

Last week Mr. Soucy told you he called the State and asked if Mr. Mansur could sell parts. Mr. = Soucy stated they told him yes. Mr. Mansur never disclosed to the State his restrictions on the decree, so they would not know. Mr. Soucy als= o did not tell the State about his restrictions.= So that is why he was told yes.

In closing, Mr. Mansur’s status today is deliberate defiance of his decree. So= if anything, send him to the Board of Adjustment. He should return to his Bonded Dea= ler status and Body Shop. Period.= And even that is illegal in his neighborhood. =

Thank you for letting me read my comments in the record. I will answer any questions you ma= y have for me.

The Selectmen appreciated= Mr. Bergeron’s comments. Th= ey had no questions.

APPOINTMENTS:

Jack Mansur’s Auto, LLC Junkyard License – Discussio= n of Consent Decree – Possible Vote

The Selectmen reviewed the application and associated information submitted. It was noted that the Health Offic= er, Code Enforcement (Tom Wakefield), Fire Code Enforcement John Hodge and Depu= ty Health Officer Paul Zarnowski had signed off on the application.

Mr. Haverty made a motion= to grant a license to John Mansur for a junkyard license and to acknowledge th= at he has met all criteria and is in compliance with all the limits of the Con= sent Decree. Mr. Gleason seconded = the motion. All voted Aye.

The motion was then modif= ied to the following by Mr. Haverty and seconded by Mr. Gleason:

MOTION:

(Haverty/Gleas= on) To move to grant license to John Mansur for a junkyard license and to acknowledge he has met all criteria to sell parts and is in compliance wi= th all elements of the Consent Decree.

VOTE:

(5-0-0) The mo= tion carried.

Mr. Lynde noted that the = Town acknowledged when it signed the Consent Decree that Mansur was a legal non-conforming use and based upon changes in law, Mr. Mansur has had the right to sell used car parts. The Selectmen acknowle= dge this and based on the advice of Town Counsel will be modifying the consent decree to reflect such.

Vote to Expend Trust Funds for the Following: Raymond Park Public Trust Fund - $225 to Garside Septic Service f= or Septic Pumping of Raymond Park; Veteran’s Memorial Park Public Trust Fund - $245 to Garside Se= ptic Service for Septic Pumping of Veterans Memorial Park; Muldoon Park Trust Fund - $500 to Garside Septic Service for Septic Pumping of Muldoon Park

Mr. Gleason made a motion= to approve the expenditure of the funds. He stated that he had researched each of the funds to ensure the expenditures were legitimate and that there were adequate funds contained in each to accommodate the bills. He also noted, in each case the Selectmen were the agents designated to expend= the funds.   Mr. Lynde second= ed the motion.

MOTION:

(Gleason/Lynde) To appr= ove the expenditure of the funds (as listed) and bill the Trust Funds accordingly= .

VOTE:

(5-0-0) The mo= tion carried.

OTHER BUSINESS

Discussion= Senio= r Center Expansion Bid – Possible Vo= te on Stallion Corp.

Mr. Roland Soucy, 52 Marsh Road stated after the Selectmen’s last meeting he received six references = to follow up on (with regard to Stallion Corp). Three of the references were of a previously owned company of one of the principles of Stallion; those refere= nces weren’t useful to Mr. Soucy. The other three references were followed up on; Mr. Soucy stated tha= t he was not in any position to support issuing a contract to Stallion Construct= ion based on what he had seen to date. <= /span>He said the Selectmen had a couple options, either to scale the plan down to g= et it closer to the money they had to work with and put it back out to bid or = look into going to the number two contractor after scaling the project back and re-bidding with that person. =

Mr. Lynde noted that the = Selectmen had taken a vote to reject all bids. He confirmed that the references Mr. Soucy checked didn’t give= him a ‘warm’ feeling. Mr. Soucy replied that there were a handful of inconsistencies. Mr. Lynde said the only option was= to come up with a different bid spec and put it out to bid again. He wasn’t comfortable going = with the second lowest bidder.

Mr. Viger believed a whol= e new bid spec should be done so the project could go back out to bid.

Mr. Gleason asked if Mr. = Soucy could rescope the project if the footprint was reduced to 1500ft. Mr. Soucy answered yes. Mr. Gleason said another issue was whether Trident would become involved and manage the project. He noted integrating Trident would necessitate expenditure upward of $11,500 which would have to come off the = top of the available funds. The t= otal budget was $285,000 of which $6800 was spent, the project would be in the vicinity of $260,000. Mr. Gle= ason asked if $260,000 was reasonable for 1500sf. Mr. Soucy didn’t believe the building needed to be reduced to 1500sf; he believed if the architectural amenities on the building were eliminated it would get the cost number to w= here they needed to be. He didn= 217;t feel there was a reason to get Trident involved with reconfiguring the drawings.

Senior Center Director Sue Hovling came forward to comment. She stated that the Senior’s interest was to expedite the proj= ect as quickly as possible. She s= aid the Council on Aging would be meeting and asked if the next bidder could at= tend the meeting to possibly reach a compromise. Mr. Lynde said if they could get s= ome advice as to what modifications would get the project to a reasonable dollar range, they could redo a bid spec. <= /span>

Mr. Viger confirmed with = Mr. Soucy that the next lowest bidder came in higher than the required number.<= span style=3D'mso-spacerun:yes'> Mr. Soucy answered yes. Mr. Viger said if they gave the ne= xt bidder the opportunity to come in below, they should provide the same oppor= tunity to the other bidders. Mr. Gle= ason agreed that renegotiating with one supplier would subject the Town to severe criticism from the other bidders. It was noted that the other bid numbers had come in close.

There was further discuss= ion how to proceed.

In Mr. Haverty’s op= inion, the spec should be redone and sent back out for bid.

Mr. Lynde wanted a cost e= stimate to redo the bid package. Mr. = Soucy said there would be no cost on his end.&nb= sp; He said if Trident’s services were retained there would be a cost. The Board discussed if = they wanted Trident involved. Mr. = Viger believed it was clear that Trident had done what they could and that the project was straight forward and could be handled by the Town on their own. Mr. Haverty said it was = noted at the last meeting that the Selectmen wanted Mr. Mermelstein of Trident to redesign the Senior Center in cooperati= on with Mr. Soucy. Mr. Viger com= mented that the associated cost would be approximately $11,000.

The Selectmen wanted the = scope to be reduced and rebid. There w= as further discussion whether to allow Stallion to rebid.

Mr. Gleason said there ha= d been some concern by the Seniors as to how to control the quality of the product= put in the building. Mr. Soucy st= ated that the company doing the job would provide a submittal indicating what th= ey would use for fixtures. He sa= id they asked for the basics (at the code level); they weren’t specifying any specific fixtures. There was further discussion whether to spend the money for Trident. Mr. Gleason believed that adequate oversight/review would occur by having regular meetings (with the Seniors a= nd the company handling the project). Mr. Soucy agreed.

There was a consensus of = the Board to have Mr. Soucy move forward with a smaller plan, get under the requested amount of money put forward in the warrant article.

REQUEST FOR NON-PUBLIC SESSION

MOTION:

(Gleason/Haver= ty) Request for a non-public session per RSA 91-A:3,II, a (personnel)

ROLL CALL:

Mr. Viger-Yes;= Mr. Gleason-Yes; Mr. McDevitt-Yes; Mr. Lynde-Yes; Mr. Haverty-Yes

It was noted tha= t when the Board returned, after the non-public session, the Board would not take = any other action publicly, except to possibly seal the minutes of the non-public session and to adjourn the meeting. The Board entered into a non-public session at approximately 7:00 pm.

The Board returned to public session at approximately 9:30 pm.

MOTION:

(Lynde/McDevit= t) To seal the minutes of the non-public session indefinitely.

VOTE:

(5-0-0) The mo= tion carried.

ADJOURNMENT

MOTION:

(Lynde/McDevit= t) To adjourn the meeting.

VOTE:

(5-0-0) The motion carried.

The meeting was adjourned at approximately 9:30 pm.

            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =          Respectfully submitted,

            =             &nb= sp;            =             &nb= sp;            =             &nb= sp;            =          Charity A. Landry Willis

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