SEL20090929

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

September 29, 2009

APPROVED &#= 8211; October 6, 2009=

CALL TO ORDER – 6:30pm

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. Robert Haverty, Mr.= Douglas Viger, Mr. Edmund Gleason, Mr. William McDevitt,

Mr. Harold Lynde (arriv= ed after the meeting commenced), Town Administrator Tom Gaydos

ABSENT:

None.

MINUTES REVIEW

Septemb= er 22, 2009

MOTION:

(Gleason/Viger= ) To approve the Se= ptember 22, 2009 meeting minutes as amended.

VOTE:

(4-0-0) The mo= tion carried.

OPEN FORUM

Mr. Lynde arrived.

Mr. Paul McDonough, 29 Mammoth Road came forward to spe= ak about the use and safety of Pelham Veteran’s Memorial Park. He discussed situations in which t= he park was accessed and was concerned about damage to the buildings. He asked if the Selectmen wou= ld consider introducing measures (i.e. signs) to deter people from accessing t= he park during times the park is closed.

APPOINTMENTS

Eleanor Burton, School Board Chair

School Board Cha= irwoman Eleanor Burton met with the Selectmen to discuss the School Board’s m= ain concern of looking for a facility to house their pre-school program. The program is for children who ha= ve an educational disability. Prior= to this year Pelham had used facilities in Windham but had been told (two years ago) to find its own space because the program= had outgrown the space to accommodate both towns. Ms. Burton stated that all eyes we= re on the six (vacant) classrooms within the municipal building. She asked the Selectmen if they wo= uld entertain the idea of them using the space.

Mr. McDevitt sai= d he was in favor of the School Board taking a close look at the space. He said in the past a group wanted= to look at the six classrooms for a different activity. He recalled telling that group to = look at the classrooms; they took it that gave his ‘stamp of approval’ = on the project, which it wasn’t. Mr. McDevitt said he could think of ten reasons why the school should use the space, as well as ten reasons why they shouldn’t. He felt it was important to look a= t the space.

Mr. Lynde didn&#= 8217;t have a problem with the School Board looking at the space. He said if it was something that s= ave the tax payers money, it should be considered as long as it didn’t interfere with what the Town needed to do in their operations.

Mr. Gleason stat= ed that he didn’t object to the School looking at the space. He noted that the area should be l= ooked at in terms of safety. He sug= gested that the Highway Safety Committee be involved with the review in terms of w= hat the program would introduce to the area.&n= bsp; He stated it would have to be determined if the use was feasible in terms of the location and proximity to the Police and Fire Departments. Ms. Burton said to use the space, renovations would be needed including the addition of bathrooms.

Mr. Viger welcom= ed any group looking at the space. He hoped that any issues could be identified.= He knew that Superintendent of Schools Dr. Frank Bass had reviewed t= he space approximately one year ago and was concerned about the classroom size.

Mr. Haverty beli= eved the space had been reviewed for kindergarten.&= nbsp; Ms. Burton said that was correct.&n= bsp; The space would now be reviewed for a different program consisting of approximately fifty participants. Mr. Haverty asked what process would be involved for using the munic= ipal building space. Ms. Burton st= ated they would need administration space as well as large areas for occupational/physical therapy. Most of the cases involved auditory and speech which didn’t require a lot = of space, however, open space area would be needed for the physical therapy. Bathroom facilities would also be needed. Mr. Haverty questione= d how the project review process would be run.&n= bsp; Ms. Burton said the person in charge of Special Education should rev= iew the area because they knew what space would be needed. Mr. Haverty questioned what the Sc= hool Board needed from the Town, other than their consensus to proceed. Ms. Burton expected that someone f= rom the Town and/or Board would be present during the review of the space since= it was a Town facility. She said= the next procedure would be to estimate what the needs were and then to estimate the costs. Mr. Haverty confir= med that the School would come back to the Selectmen after they obtain the estimates. Ms. Burton answered yes. Mr. Haverty had no objec= tion to the space being reviewed. = He shared Mr. McDevitt’s sentiments that there were reasons why the program sho= uld and shouldn’t be in the space.

Mr. Lynde asked = if the project was being timed for inclusion in the next school year. Ms. Burton answered yes. She said they needed to get any ex= pense that would be incurred in the budget this fall.

Mr. Haverty aske= d if the program would be for a full day or half day. Ms. Burton explained that the prog= ram lasted for a full day, but the individuals would have a flexible schedule.<= span style=3D'mso-spacerun:yes'>

Mr. Lynde wanted= to know if the location would be temporary or permanent. Ms. Burton said it should be a per= manent location. She said if they we= re able, they would like to have a facility that would combine pre-school and kindergarten in one building.

Ms. Burton state= d that she would ask the Director of Special Services (Ms. Tina McCoy) to contact = Mr. Gaydos.

Discussion of Current and Proposed Fire Station Condition & Plans

Fire Chief James= Midgley met with the Selectmen to provide updates regarding the reconstruction of t= he fire station, proposed station annex and status of proposed new fire station construction. He began by discussing the reconstruction of the existing station. They had been working with the ins= urance company as well as Mr. David Mendes, who had been hired to oversee the repairs. The scaffolding has = been erected. The damaged doors, block walls and front façade is in the process of being removed. A temporary wall is being erected to provide security. The demolition is slated to be com= pleted within the next day in which time the front wall will be reconstructed. Chief Midgley noted that the brick= s (on the façade) are not compatible with the new bricks therefore, the ce= nter portion of the brick façade needs to be done over in its entirety. It is projected that the work will= be done in approximately two weeks.

Mr. Haverty want= ed it clear that the work being done was funded through insurance. Chief Midgley said all the work was through the insurance of the driver that struck the building; it had nothin= g to do with Town money. Mr. Lynde= asked if the insurance company was approving all of the modifications and were willing to pay for all involved expenditures. Chief Midgley said they had met wi= th the insurance company and adjusters. Mr. Gaydos stated that Mr. Mendes had met with the insurance company, who has agreed to replace all three doors, all of the brick (except the two wings) in the central portion of the building.

Mr. Haverty aske= d how service levels have been affected. Chief Midgley discussed the fact that certain apparatus had to be pl= aced with other apparatus because of its size.&= nbsp;

Chief Midgley re= ported that on Septembe= r 14, 2009 he and Mr. Gaydos met with some contractors to discuss the possibility of contracting a three-bay annex in the rear of the station. The contractors each received a bid package that contained a specifications sheet providing guidelines and a conceptual drawing to show what the building would look like. A site walk was conducted to review where the building would be positioned and at the same time noting the setb= acks from the road so there would be a turning radius for the apparatus to get in and out of the site. Mr. Gayd= os said the bids had been due back by September 28, 2009 by 4pm and opened at 4:15pm.

Mr. McDevitt ask= ed if the bids included any changes to the existing fire station. Chief Midgley said there had been discussion with what would be done with the front doors, but at this point = it had been nullified (by the motor vehicle accident). He said his concern (prior to the accident) was that the station lost a tremendous amount of heat. Since the bays in the front would = be replaced, it was no longer an issue for them.

Mr. Lynde said w= hen the Town was looking at the Plan B option for the intersection; there was a discussion about people having to come to the back of the building for emergency help. He said there= had also been discussion about the offices being modified. He questioned if that had been par= t of the present discussion. Chief Midgley answered no. He said = the septic system would be relocated to the left side of the building (toward <= st1:Street w:st=3D"on">Marsh Road)= ; the parking on the right side would be diminished, but there would still be some parking. His understanding wa= s that the road would be fifteen feet from the building and there would be a sidew= alk providing access to the doors at the front of the building.

Chief Midgley re= ported to the Selectmen that Pelham had not received a rejection letter, however a= ll of the towns that had been awarded (grant money) had been notified of such. He said it sounded like Pelham did not receive an award.

There were no fu= rther questions by the Selectmen.

OTHER BUSINESS

Approval of Property Assessment Updates

Mr. Gaydos said = a letter had been received from Corcoran Associates outlining the Town’s asses= sed values; he read a portion of the letter aloud. Because of timing and the fact that assessments were being reduced (across the board), Corcoran suggested that = the cost of mailings not be incurred and instead place a printed list of sales = and new assessments in Town Hall, Library and on Town website. Taxpayers could be notified of the= ir new assessments via press release and through local cable channels. Mr. Gaydos said the MS1 had been prepared, and if accepted by the Selectmen, showed the value of all propert= ies (less exemptions) was $1,415,602,320.

Mr. Lynde said a= document had been provided to the Selectmen that he believed addressed a request he = made to show the increase in valuation from last year to this year. He reviewed the information and be= lieved that the total increase over last year was $5.6 million. He questioned why all the valuatio= ns (i.e. single family, waterfront) were not assessed on the same percentage.<= span style=3D'mso-spacerun:yes'> Mr. Gaydos said each of the classi= fications were judged individually based on the market determination.

Mr. Gaydos said = if the Board chose to sign the MS1 it could then be sent to the state to start mak= ing arrangements to have the tax rate set.&nbs= p;

MOTION:

(Viger/Gleason= ) To accept the property assessment values for 2009 set by Corcoran Associates.

VOTE:

(5-0-0) The motion carried.

Discussion – Travel Basketball

Mr. Haverty read= aloud a letter sent from Park & Recreation Director Brian Johnson to the Town Administrator. In summary the letter set rumors aside regarding travel basketball. Mr. Johnson wrote that the school = had recreation travel basketball listed on their calendar and it was not a recreation program. He requested that the calendar be corrected. He wrote further that Park & Recreation (‘P&R’) had not sponsored a travel basketball te= am and did not intend to sponsor a team.

Mr. Haverty said= in effect, there was an individual who had a number of seventh graders that wa= nted to join a league and believed the request was that the Town sponsor the team and allow it to become a P&R team.&nbs= p; Being a P&R team would enable them to apply to be in different organizations/leagues. Also, = by being a P&R basketball team it would enable them to ride on the insuran= ce policy offered to other P&R programs.

Mr. Lynde said i= f he were another team in the Town he would ask if the Town would do the same th= ing for them.

Mr. Viger didn&#= 8217;t see any problem or burden with the Town sponsoring a team if it didn’= t cost P&R any money and it was only being used as verification of citizenship with the Town. He said there = was a fine line and questioned if children were being taken from an existing team= to form another team, leaving one team short.=

Mr. Haverty note= d there was a private organization in Town that was a travel basketball team; this would be a different team. He felt it should be evaluated on a team, by team basis. He would extend the op= portunity to any team to be sponsored by the Town and felt the Town should encourage people to form programs and encourage children to play.

Mr. Gleason felt= a dangerous precedent would be set. He said there were numerous volunteer organizations in Town and if certain groups were allowed to break off and be sponsored by the Town (and provided insurance), the Town would then be competing with those organizations. He said it may discourage participation and have a disruptive effect on the recreational a= ctivities of the volunteer groups. Mr. Gleason reiterated his feeling that it was a dangerous precedent based on t= he scope of the recreational activities in Town. He felt they were working very wel= l on the volunteer basis and P&R was working well.

Mr. McDevitt wasn’t aware that a request to form or sponsor a basketball team was = in front of the Selectmen. He commented that if the Town sponsored a team, they would be subject to rules, regulations, policies, procedures and general oversight by the P&R Dire= ctor. He said he would like to see a req= uest and also to have (Park & Recreation Director) Mr. Johnson come in and t= ell the Board why he thought the Town should do it. He also questioned why it was a Bo= ard decision. Mr. Haverty said a request was made to him to bring it to the Board. The request was to form a Town sanctioned P&R run team. = Mr. Haverty believed at this point, it was a Board conversation to take a posit= ion because (in some regard) Mr. Johnson didn’t want to make the decision= .

Mr. Gaydos belie= ved the Town should establish certain protocols to follow when there is a P&R team. He said a lot of volunt= eer teams are run with a board that provides consensus and direction. He said if a team fell under P&= ;R, the final decision would be that of the P&R Director. He questioned if there was a limit= to the number of programs that was reasonable for the department to run. He believed Mr. Johnson was concer= ned with setting a precedent and was seeking the advice of the Selectmen.

Mr. Haverty stat= ed that it would be a new program that didn’t have an existing board in place. He said there was a gr= oup of kids that wanted to play basketball in a different league than what the Town currently had played with. He= said they had asked to be taken under the auspice of P&R and to ride on their insurance waiver. He didnR= 17;t feel it was an unreasonable request.

Mr. Gaydos clari= fied insurance coverage and what would be covered by the Town versus what would = be covered by an individual’s insurance.

There was further discussion regarding the request that had come before the Board. Mr. McDevitt felt the individual m= aking the request should meet with Mr. Johnson and make certain they understood w= hat having P&R oversight would mean to them. He said if they reach an agreement= , Mr. Johnson should then contact the Selectmen and make a recommendation. Mr. Haverty stated that the indivi= dual’s desire was to start the team and he would be happy to advocate the teamR= 17;s management to Mr. Johnson and work under his guidelines.

Mr. Gaydos noted= that the program would be run through the 80 Fund. He felt it was reasonable for P&am= p;R to review any program in terms of how fiscally viable it would be. He said it should be part of Mr. Johnson’s consideration as a policy issue for any program.

Mr. Lynde stated= in the past that the P&R Director had started new programs without coming to t= he Selectmen. Mr. Haverty asked = if the recommendation from the Board was to put the decision to Mr. Johnson. Mr. Lynde said if Mr. Johnson was uncomfortable and wanted further direction he should come speak to the Selectmen. Mr. Gaydos asked i= f a memo to the Selectmen would be sufficient if Mr. Johnson met with the individual and had an understanding. There was no objection. It was noted that Mr. Johnson should be mindful that others may come with a similar request if this program was allowed.

TOWN ADMINISTRATOR’S REPORT / SELECTMEN’S REPORTS

Mr. Gaydos said = there had been a bid opening for the roof work at the Transfer Station; one bid w= as received from Aristocraft of Londonderry in the amount of $8950. He reviewed the work that was incl= uded in the bid.

Mr. Gleason ques= tion how much money was in the budget. Mr. Gaydos said they were going to charge the work to the recycling building fund; there were adequate funds. Mr. Gleason asked how many firms h= ad been solicited. Mr. Gaydos sa= id the Transfer Station Superintendent oversaw a general walk through; one bid was received. Mr. Gleason asked what the time line was for the work. Mr. Gaydos believed once the bid w= as awarded he would be able to get the time line; it was understood to be this year.

MOTION:

(McDevitt/Lynd= e) To award the bid, in the amount not to exceed $8950, for the specified work = for the roof on the Transfer Station to Aristocraft.

VOTE:

(5-0-0) The motion carried.

Mr. Gaydos repor= ted that there had been six to seven people attend a site walk at the fire station w= ith regard to (the intersection project) Plan B. One bid was received from SDK Landholdings, LLC (Mr. David Mendes) who bid on the new building itself bec= ause it was unknown what would become of the existing building due to the recent motor vehicle accident. The b= id amount was $128,300 to build a new 50ft.x50ft. building, three stall garage, with a 15ft.x30ft. interior storage area; a detailed list of what would be provided was also submitted. =

Mr. Gleason aske= d if anyone had reviewed the bid for adequacy such as the Town Building Inspector. Mr. Gaydos answered no; the bid ha= d just been received. He said they h= ad reviewed plans and drawings from the Building Inspector. Mr. Gleason asked if the bid was t= o the specifications without taking exceptions.&= nbsp; Mr. Gaydos said specifications weren’t issued; the direction of the Board was to give general specifications. They were explicit to the bidders = that they should come up with what they thought would be a good project.

Mr. Lynde asked = if there were other costs. Mr. Gaydos answered yes, such as the landscaping, the status of the main building (including fixing code issues) and the septic system, all of which would be separate bids. Mr. Lynde asked when that information would be received. Mr. Gaydos said they were in the p= rocess of obtaining it now.

Mr. Viger asked = if the bid included electricity, heat, garage door openers etc. Mr. Gaydos answered yes; it was a turn-key building. He reviewe= d some of the other items contained in the bid.&n= bsp; Mr. Viger asked if the bid had an expiration date. Mr. Gaydos said the bidder looked forward to a timely response, but understood the situation. It was noted that nothing would be= done until (the decision of) Town Meeting. Mr. Gaydos believed it was understood that there wouldn’t be a separate bidding in March.

Mr. Gleason, Mr.= Viger, Mr. McDevitt had no reports. =

Mr. Lynde report= ed that he attended the School Board meeting (last week) and expressed the Selectmen’s concerns about the fees for the use of the schools. The School Board listened to the comments during public forum and had no discussion. Mr. Lynde said there was an attemp= t to have the School Board reconsider their prior action, but the rule of the Ch= air was they would have to wait until their next meeting to do so. He said the fee structure had been reduced from what they had previously seen. He anticipated they would revisit = the fees.

Mr. Haverty had = no report.

ADJOURNMENT

MOTION:

(McDevitt/Lynd= e) To adjourn the meeting.

VOTE:

(5-0-0) The motion carried.

The meeting was adjourned at approximately 7:55 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