APPROVED

TOWN OF PELHAM

BOARD OF SELECTMEN

MINUTES

May 15, 2001 

APPROVED – May 29, 2001

CALL TO ORDER

PLEDGE OF ALLEGAINCE

Chairperson Casey opened the meeting at approximately 6:30 pm.

MINUTES REVIEW

May 8, 2001    

OPEN FORUM

No persons stepped forward. 

APPOINTMENTS

PUBLIC HEARING ON DESIGNATED EMERGENCY WAYS

Ms. Casey informed that Attorney Gordon Graham, Town Counsel would be present for the next discussion to answer any questions.  She then gave a brief background of private ways and emergency ways.  She then listed the streets previously designated emergency ways under the state statute.  She said the reason for the public hearing was to address the situation and obtain input from the public regarding private roads and their designation.

Mr. Farris arrived.

Mr. Roger LeMay, 17 West Shore Drive, gave a brief history of his property, and at what points the Town plowed his road.  He said since 1995 his road was declared an emergency way and the Town were allowed to plow.   He felt that because Article 32 didn’t pass, his road was no longer designated an emergency way and would not be plowed by the Town. He felt the residents now had two options: 1) pay a private contractor, or 2) pay a fee to the Town for plowing.   Mr. McDevitt discussed Article 32 and said he didn’t believe that the Article had any connection with the discussion.  Mr. Pitts informed that the Highway Agent did not have any money in the budget last year for plowing the private ways.  He said after the Safety Committee discussed, they decided to defer to springtime so that the residents would continue to be plowed for the past season.  He said that the cost for plowing had come from the Highway Department’s budget and if the Article passed, the Highway Department would have been reimbursed.   

Mr. LeMay wanted to know who was on the Safety Committee.  Ms. Casey informed that the Fire Chief, Police Chief, Highway Manager, Town Administrator and the Planning Director. 

Mr. LeMay wanted to know if part of the maintenance funds could be used for plowing the roads.  Attorney Graham answered no and said that if the roads were private that public money could not be spent for private benefit.  Mr. LeMay asked what the difference was between grant money and money provided by the residents.  Ms. Casey said there were other issues, such as the condition of a road and damage to the Highway Department’s vehicles.  Mr. LeMay said he had asked the Highway Agent if there had been any problems on West Shore Drive, which he said the Highway Agent had answered no.  He asked if there was a way for the Town to continue plowing.  Ms. Casey said that the road was no longer designated an emergency way by the Safety Committee. 

Ms. Karen Nicolosi Provencal, Wood Road said her road was maintained and in good condition.  She wanted to know if the issue was funding or private ways.  She felt that if the issue was funding, that the Town benefited because of the amount of taxes paid by the residents on private ways versus the amount of money saved by the Town for not having to maintain those roads.  Mr. Pitts said there were certain legalities and explained that the issue was not ownership.  Attorney Graham said that the public could not access a private way if the owner didn’t want them to.  He went on to say that the money used in taxation supports and maintains public rights of way, which cannot be barred from use.  Ms. Provencal suggested designing a waiver that all the residents on the private way sign, which states that they have no intention of suing the Town for plowing the road. 

Mr. ErgendinoPerrone, 1 Little Island Park read a prepared statement which spoke of his concern regarding snowmobilers having the right to private roads that the Town does not plow.  He said that four of five residents would like to block access from the road to the pond for snowmobilers.  Attorney Graham discussed the legalities with blocking a private way and said that if the person was the fee title owner they would have the right.  He said the question was who had the right to manage the road because traditionally there was one owner and thorough research would need to be done. 

Mr. Perrone said there was a problem with the snowmobilers packing the snow down, which then was difficult to move.  He wanted to know how residents would get in and out of their homes if the Town were allowing snowmobilers to access private roads, but would not maintain them.  To clarify, Mr. McDevitt said that the Town didn’t say that snowmobilers could go on private roads.  He said that he didn’t believe that the Town could stop snowmobilers from going down private roads.  Ms. Casey said the Town had the same battle with OHRVs in the Town parks.  Mr. Bergeron asked if the snowmobilers were crossing the road or going down the length of the road.  Mr. Perrone said they were accessing the entire road.  Mr. Pitts suggested that the residents establish ownership and then work with the Police Department. 

Ms. Shirley Lemere, 37 Wood Road gave a brief history of her property.  She asked if ownership had been researched, because her belief was that the road was Town owned the road, and the residents had a right of way.  She said that she had some of the original deeds to the property dating back to 1918.  She was concerned with having the road plowed in the event of an emergency.  Ms. Lemere believed that her neighbor’s land was subject to gates and bars, which also lead her to believe the road was Town owned.  Attorney Graham discussed the history of gates and bars and then discussed the current uses.  Ms. Casey felt there should be further research and said that Mr. Pitts would review.   She asked if Ms. Lemere would provide the deeds. 

Mr. Dave Hennessey, 71 Dutton Road, discussed West Shore Drive and said he concern was the concept of use (specifically plowing) bringing about a public road.  He handed out criteria Windham uses to make a road public.  He said if the Town were to take the road over and bring up to public standards, he had questions regarding betterment.  He wanted to know if the residents would be liable for assessments for maintaining a road as well as assessments on tax records because they would have frontage on a new Town road.  He wanted the road to stay private in the condition it was currently in. 

Mr. McDevitt wanted to know from Counsel if the Town continued to maintain the roads would they become Town roads and who would pay for the betterment.  Attorney Graham discussed the emergency lane statute by which the Town, in the past, had been plowing the roads.  He explained that at some point in time, the maintenance that took place on the roads exceeds the maintenance that’s necessary to maintain an emergency way and becomes a declaration by the town that it is a public way.  He said there were three ways that roads became the responsibility of the public as a whole: 1) laying out in the subdivision process, and 2) road had been a public way for twenty years prior to 1968; 3) a town did so much in maintenance that it had deemed as accepted. 

Hypothetically, Mr. McDevitt asked if maintaining a road would fall on the taxpayers if a town ended up owning a road (by virtue of maintaining it) and was not able to charge a betterment fee.  Attorney Graham answered potentially yes. 

Ms. Jean McAndrew, 3 Wood Road wanted to know if the Fire Department needed access to the pond for their pump trucks.  She said her deed stated that the road was private and also explained that the deed referenced trees as the boundaries.  Ms. Casey noted that the newer homes have cistern systems.  She said that after the last meeting the Safety Committee was asked again to reevaluate the road structure around the pond and see if perhaps there was an emergency way.  The Safety Committee answered no. 

Ms. Ruth Gravel, 29 South Shore Drive informed that after the last meeting, she started to review plowing bids.  She started with smaller contractors who either already booked, were not interested or they didn’t have the equipment.  She then tried the bigger contractors who said they didn’t plow small roads.  She asked if the Board would hold off making a decision for another year. 

Mr. Charles Kamitian, West Shore Drive said he explored the situation about a precedent being set regarding the care of the roads.  He said recently a load of tar was left in a pothole at the beginning of West Shore Drive.  He asked that the Town now take control of the road.  He also noted that the Town had plowed the road for the past twenty years.  Ms. Casey noted that the Town had not plowed during the years 1995 and 1998.  A member of the audience disagreed and said the road had been plowed since 1978.  Mr. Kamitian felt that if the Town plowed the road once it should take responsibility for it. 

Ms. Elizabeth Schedeler, West Shore Drive said that after the last meeting, she spoke with most of the residents on West Shore Drive and they agreed to give the Town one check for plowing to help alleviate a paperwork problem. 

Mr. Perrone stepped forward again to ask if the beach at the end of his road could be chained off.  Ms. Casey suggested that he speak with the Police Chief. 

Mr. Hennessey stepped forward once again concerned with the statement that if a road was plowed once it was now Town responsibility.  He felt that under no circumstances that the Town should assert responsibility that it did not currently have. 

Mr. Kevin Crooker, 2 Andover Street said he had lived in the area for forty years and the Town had maintained for the entire time.  He asked for consideration to have the road plowed by the Town. 

Mr. Farris asked if a waiver signed by residents would cover the Town legally.  Attorney Graham said if a waiver was properly done it could be an effective instrument to protect the Town as long as the owners signed it.  Mr. Farris asked if the waiver had to be unanimously signed, or signed by a majority.  Attorney Graham said it would have to be signed by the person that owned the road.  Mr. Lynde asked if collecting money along with a waiver would be acceptable.  Attorney Graham said that was one of the recognized mechanisms.  He then noted certain liabilities.  

Mr. McDevitt discussed the opinion from the Town’s former Counsel, which was to charge people for plowing which ended up being a disaster.  He wasn’t opposed to accepting a check from an association for plowing.  He said that one of the problems with private roads was the possible damage to equipment.  Mr. McDevitt suggested that the residents take responsibility of maintaining a road to ensure it would be plowable.  Attorney Graham felt Mr. McDevitt’s suggestion was a possibility and added that the Town could also ask that conditions be met, such as reviewing the road once a year. 

Ms. Casey felt that there should be an offer to private residents to pay the Town for plowing, as long as the roads were in a condition to be plowed so the equipment didn’t get damaged.  She also said that residents would be responsible for paying early enough in the year for the Town to add the road to the charter.  She also noted that if the residents wanted to become a public road they could come forward as the residents of Spring Street did.  Mr. Lynde asked if a liability waiver would also be required.  Ms. Casey answered yes.  Mr. Farris said he would like the roads reviewed twice a year. 

Mr. Lynde felt Ms. Casey’s proposal was reasonable along with the waiver.  He said the only other process was to make the road Town owned.  He felt that finding the person that could sign off on the liability of the road would be difficult. 

Mr. Bergeron wanted to know if the Town accepted payment for plowing if the roads would continue to be private or would they become public.  Attorney Graham said liability language could be added to the waiver.  Mr. Bergeron confirmed that the roads could be plowed by the Town, but would be able to remain private as long as ownership was established.  Ms. Casey answered yes. 

Mr. Farris asked if the Town could still have a legal waiver if not all of the road owners were found.  He wanted to know if language could be added which noted ‘while the owners were being located’.  Attorney Graham answered no.  Mr. Pitts felt that the association would need to become the deeded owners so that the Town could deal directly with the association for payment.  He also noted there were other issues with private roads, which needed to be reviewed, such as the winter parking ban, which doesn’t apply to private streets.  Mr. Pitts said the revenue and expenditure needed to be in the budget by August 1, 2001. 

Mr. Lynde asked that a letter be sent to everyone on the private roads, which notes what has transpired and what is being proposed so that they can possibly help identify their representative. 

MOTION:           (McDevitt/Lynde) To direct Attorney Graham to prepare the procedures in which the                                    Town would follow.

VOTE:                 (5 - 0 - 0) The motion carries. 

Attorney Graham said a list could be drafted and faxed for the next meeting.  Mr. Pitts will draft a letter for the residents.  Mr. Farris suggested that people start researching to find out the proper owners. 

Attorney Graham wanted to make sure it was understood that the emergency way statute identified certain parameters to which the Selectmen in the past had properly applied the criteria.  He said that previous Boards did not act illegally. 

A person in the audience asked how the plowing cost for the roads would be assessed.  Ms. Casey said that the Highway Department would work with the Town to assess costs. 

Mr. Pitts complemented the audience for their civil behavior during the hearing. 

Mr. Wayne Bailey, Disposal of green glass from Windham

Mr. Wayne Bailey, Superintendent Solid Waste Facility in Windham appeared before the Board to discuss a green glass proposal.  He said that the green glass market was being supplanted by plastic and currently Windham had 24 tons.  He said it had come to his attention that the Town’s Road Agent used green glass and after discussions with Mr. Bruce Mason, he was prepared to make a proposition and indemnify the Town against loss as well as paying a modest profit. 

Ms. Casey asked how many tons of green glass Windham generated in a year.  Mr. Bailey said approximately 60 tons but felt the number would be diminishing.  Ms. Casey asked if he had spoken with Mr. Mason regarding an exchanged of glass for plastic.  Mr. Bailey answered no but felt it could be discussed if an agreement could be made that was mutually beneficial. 

Ms. Casey asked how Windham was dealing with propane tanks.  Mr. Bailey said he was currently looking for a safe company for de-valving.  He noted there was currently $3 charge for removal.  He was in favor of charging a user fee. 

Mr. Pitts said the proposal makes the assumption that any work done at Windham would come out of overtime.  He said that Windham would help with a share of the depreciation of equipment.  He also had confirmed that Mr. Foss could use the green glass.  Ms. Casey asked where the glass would be stored.  Mr. Pitts said they could work with Windham to store the glass until Pelham was ready to crush it. 

Mr. Farris asked if there was a time frame before Windham obtained a crusher.  Mr. Bailey said it would be at least 90 days. 

MOTION:           (Lynde/Farris) To authorize Mr. Pitts to strike the necessary procedure to enter into a                                   venture with Windham in which we will take their green glass, crush it, and they will pay                               us a reasonable amount of money to cover our cost. 

VOTE:                 (5 - 0 - 0) The motion carries. 

Mr. Bob Tryon, Parks and Recreation Director - Summer programs and Muldoon Park parking

Mr. Bob Tryon, Director Parks and Recreation appeared before the Board and discussed the summer program.  He said that registration had begun, and provided the Selectmen with the figures for each of the programs.  He informed that there was a waiting list of non-residents for the programs.  He discussed how the summer programs would be staffed.  Ms. Casey asked if the prices had increased.  Mr. Tryon said the tennis program prices was the only area increased.  Mr. Farris asked if Park and Rec. would be able to maintain the rate.  Mr. Tryon said that fees were being reviewed and next year the prices may possibly increase.  He also noted that there would be a wrist band program implemented as a safety precautionary measure.  He discussed how the wrist band process would work. 

Mr. Tryon informed that the sprinkler system at the parks were now in operation.  He said that the fertilization process had begun.  He also informed that the tiny-tot playground had been certified and now were waiting for two pieces of equipment.  He discussed vandalism at the parks.  Mr. Tryon said he was pleased with the preventative maintenance performed last year.  He said that the parking for Muldoon had begun and said it would be completed by the end of June. 

Ms. Casey asked if implementing bubblers had been considered because there was money in some of the expendable trusts that were expendable by the Selectmen.  Mr. Tryon said that there would be a few requests coming before the Selectmen shortly. 

Mr. Tryon said that someone had approached him from the semi-professional hockey team of Lowell regarding running a skate/hokey clinic for Pelham.  He said they would provide the portable rink and instructors.  He said they carry insurance.  Mr. Tryon said that they had provided an agreement for signature if acceptable.  Mr. Farris asked where the rink would be placed.  Mr. Tryon said it would be placed on the hardtop area at Veteran’s Park.  He said if there was a large response from the community they would most likely place the rink at Sherburne School. 

Ms. Casey asked about the fee structure.  Mr. Tryon said the clinic was free, but the Town could sign up for additional games. 

Mr. Pitts asked if there would be a liability waiver.  Mr. Tryon said they had an insurance policy and he would ask them to forward a binder naming Pelham as co-insured. 

VOICE VOTE:                  To allow Mr. Tryon to sign the agreement for the skate clinic.   The Selectmen                                              were all in agreement.  (5 - 0 - 0)  

 Mr. Pitts said he had met with Richard Deal of Gregory Cook Construction Inc. who had been contracted by Tennessee Gas Pipeline to do the actual construction work for the gasoline.  He said that Mr. Deal was looking for a place to put clean spoil (ledge) and asked if the Town needed the fill.  He said he brought him to the area where several years ago the Town attempted to construct a ball field, behind the Coombs property.  Mr. Pitts proposed using the clean fill at the location and place sand where needed to help construct a field.  He informed that Mr. Dean would also donate either a half/full day of prime bulldozer work to level off the area and bring it pretty much to a field-like condition.  He said once that was done, Mr. J.R. Gauthier could come in and fulfill the remainder of his contract.  He ended by saying the small wetland area adjacent to the site had already been staked and the EPA has reviewed. 

The Selectmen discussed the proposal.  The type of fill was discussed as well as the safety issues involved with moving sand.  Mr. Tryon noted that the entrance to Mammoth Road would be upgraded and believed that he could persuade Mr. Deal to put in a heavy-duty gate.  The Selectmen also discussed having the value of the area and sand assessed so the Town could have a better understanding of what was needed to complete the fill job. 

Ms. Casey suggested sinking a well an adding a sprinkler system and asked if Mr. Tryon would discuss during his negotiations.  Mr. McDevitt felt the fill was the priority and was concerned with complicating the offer with discussions of adding a well.  He also suggested that the Town Engineer review the site.  Mr. Pitts felt that the people involved were competent to assess the area.  He also noted that Mr. Gauthier had reviewed.  Ms. Casey felt that the well should be addressed up front in the negotiations.  Mr. Pitts said that they wouldn’t be creating a finished field, but would bring it closer to completion than the condition it was currently in.  Mr. McDevitt wanted to make sure that any removal of sand was incidental. 

There was a consensus by the Selectmen to have Mr. Pitts and Mr. Tryon work on an arrangement that was suitable for the Town but included the concerns of the Selectmen. 

Mr. Tryon then gave a brief history of the parking plan at Muldoon Park.  He said the problems Mr. Tom Somers of CLD (Town Engineer) pointed out were: 1) no flow to parking; 2) permanent barriers could create problems; 3) signage.  He explained the completion process was still in progress and the recommendations of CLD were being implemented. 

Mr. Lynde discussed the entrance and wanted to know if consideration had been given to moving it further up the road.  Mr. Tryon said CLD felt if would take away from parking and said that brush would be cleared to create a better viewpoint.  Mr. Lynde then discussed the parking area.  Mr. Tryon said there would be more poles added. 

Mr. Farris suggested adding nets along the sidelines to stop balls from going into the parking lot so that more parking spaces could be utilized. 

Mr. Bergeron discussed the possibility of other emergency access points near Mount Vernon Drive and at the end of Jefferson Avenue and Washington Street.  Mr. Tryon felt with proper parking and signage emergency vehicles would have access.  His concern was the bottleneck area at the fieldhouse. 

Ms. Casey asked when the parking area would be complete.  Mr. Tryon believed it would be complete at the end of June.

Mr. Lynde suggested plantings not just on the right, but also on the left side of the major league field.  Mr. Tryon was in agreement. 

Mr. Farris thanked the volunteers for continuing to create a nicer and safer place for the children to play. 

Mr. Jim Greenwood, Cable TV, CTAC negotiating points and update

Mr. Jim Greenwood provided the Selectmen with a handout that outlined the CTAC negotiating points. 

Ms. Casey asked if there were an ‘out’ or penalty clause.  Mr.  Greenwood said the current franchise had an ‘out’ via performance hearing and the new franchise would be mainly based upon that agreement.  Mr. Pitts informed that the Town didn’t have the authority to add a penalty clause because it was governed by Federal law and was FCC regulations.  Mr. Farris discussed the difficulties in getting a definitive answer from Adelphia. 

Ms. Casey asked if future Town buildings would be covered.  Mr. Greenwood said it was included in the current agreement and would be carried over.  He said the only thing that might need to be done is additional wiring.  Ms. Casey asked about the media classes at the high school.  Mr. Greenwood said he had discussed with the schools what they were interested in and Attorney Peter Epstein provided information on how to proceed.  Mr. Farris said certain items were contained on a ‘wish list’ so Adelphia would be aware up front. 

Ms. Casey asked why Muldoon was not included on the parks list.  Mr. Greenwood informed that Muldoon was already wired.  Ms. Casey strongly recommended that the agreement included a provision to go back for negotiations if the Town created an additional park.  Mr. Greenwood said he didn’t have a problem in the past with wiring. 

Mr. Pitts suggested making sure that the agreement note ‘free drops and free monthly service’.  Mr. Greenwood made note of the suggestion. 

Mr. Lynde asked if the 860mz was only for cable television.  Mr. Greenwood said that currently the Town was using 450mz.  He then discussed the system and what it would be able to support.  Mr. Lynde discussed the amount of time it would take to rebuild and asked if it had been agreed upon to extend the timeline from May 10.  Mr. Greenwood said he would discuss with Counsel. 

Mr. Farris discussed the possibility of sending out for another company.  He said that Mr. Pitts had sent out an RFP and had received no response from other network providers.  He said the system would have to be rebuilt by whomever came in. 

Ms. Casey asked if upgrading the studio had been taken into consideration.  Mr. Greenwood said it had, and noted that the move would mostly entail transferring equipment.  He said the studio would need to be upgraded whether it stayed in the same location or moved.  Ms. Casey discussed the line items listed.  Mr. Greenwood said that the questions had been continually asked.  Mr. Farris said that Adelphia hadn’t been forthcoming with information. 

Mr. Farris asked if a performance date had been set.  Mr. Greenwood said it hadn’t been set yet, but he would contact Attorney Epstein. 

Mr. Pitts discussed the internet access stipulation and was concerned that Adelphia would be taking away internet access from Town offices, which is currently provided.  Mr. Lynde discussed the federal fund for internet access provided to schools and municipalities.  Mr. Pitts discussed the percentage Adelphia would receive and wanted to ensure that it would be based on the number of subscribers. 

Mr. Farris suggested that any additional comments be provided to Mr. Greenwood prior to June 11, 2001.

OLD BUSINESS

Discussion of Warrant Article balances

Mr. Pitts discussed the Warrant Articles and informed that they were all good until the end of this year or until the end of 2002.  He said there were two that had already lapsed, 1) the Fire Department dive team, and 2) Wildlife habitat fund. 

Mr. Lynde asked about the status of the purchase of forestry, and the reforestation at Raymond Park.  Ms. Casey asked that the dates for each of the Warrant Articles be reviewed.   Mr. Pitts said he would review and report back next week. 

There was a brief discussion regarding the report and the amounts noted.  Mr. Pitts said he had instructed the finance department to add a column which shows the expiration dates. 

NEW BUSINESS

Master Plan Survey

Ms. Casey had provided information from Town Counsel which stated the Selectmen were allowed to include the master plan survey with the tax bills.  Mr. Farris asked to see a copy of the survey.  Ms. Casey said she would inform that the survey would be allowed to be included with the tax bill only after it had been reviewed and acceptable by the Selectmen.

TOWN ADMINISTRATOR’S REPORT/SELECTMEN’S REPORT

Mr. Pitts said Nashua Superior Court had scheduled the tax abatement case (which had nothing to do with the pipeline construction) was scheduled for June 5, 2001 and the trial would be held the week of June 25, 2001. 

Mr. Pitts said the Police Department felt it was necessary to add a stop sign at Shephard and Harley.

MOTION:           (McDevitt/Bergeron) To have the Highway Department proceed with the installation of                                 the stop sign requested at the intersection of Shephard and Harley.

VOTE:                 (5 - 0 - 0) The motion carries. 

Mr. Bergeron informed that the compactor went through a minor alteration so that the conveyor would stop when the ram pushed a load.  He said that it would possibly be on-line on May 22, 2001.  He noted that the second trailer had arrived.  He said that WSI informed that the tipping cost for bulky waste would be increased to $85 per ton.  He spoke of a possible ribbon cutting ceremony.  Mr. Bergeron informed that the Cemetery trustees had hired someone.  He ended by discussing the Board of Adjustment meeting held on May 14, 2001 and the cases heard.

Mr. Farris said he had spoken with the Fire Chief regarding the paramedics and setting up the full-time department.  The Fire Chief was encouraged with applicants.  He said the Chief would then focus on hiring a code enforcement officer.  He informed that there would be a department head meeting with Tennessee Gas May 30, 2001.  Mr. Farris thanked the people that created the dugouts at the senior field.

Mr. McDevitt informed that he had researched the alleged 75-year agreement with the Men’s Softball League and believed it was a ‘dead’ issue unless a copy of the agreement could be produced.  The Selectmen briefly discussed the agreement currently before them.  Ms. Casey said it would be added to a future agenda.  Mr. McDevitt read an article in the newspaper about Londonderry leasing their Police cruisers and said the Selectmen might want to discuss the possibilities.  He ended by informing that the Municipal Building Committee would have a meeting Wednesday at 7:30pm.

Ms. Casey informed that the Police Department performed a mock drunk driving accident and trial to show the students at the High School who is effected in drunk driving incidents.  She said that the re-opening of the Transfer Station would be May 26, 2001 and would have coffee and donuts at 9:00am.  Ms. Casey said the last round of possibilities for lieutenant would be complete in the next two weeks.  She also said the summer schedule was being created and proposed that the Selectmen take two weeks off in July and August. 

REQUEST FOR NON-PUBLIC SESSION

MOTION:           (Lynde/McDevitt) Request for a non-public session per RSA 91-A:3,II,a & e (personnel                                              and legal).

ROLL CALL:     Ms. Casey-Yes; Mr. Farris-Yes; Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Lynde-Yes

Ms. Casey noted that when the Board returned, after the non-public session, the Board would not take any other action publicly, except to seal the minutes of the non-public session and to adjourn the meeting.  The Board entered into a non-public session at approximately 10:23 pm.  Also present was Mr. Pitts.

The Board returned to public session.

MOTION:           (           ) To seal the minutes of the non-public session indefinitely.

VOTE;                 (      ) The motion carries.

ADJOURNMENT

MOTION:           (        ) To adjourn the meeting.

VOTE:                 (          ) The motion carries.

The meeting was adjourned at approximately   pm.

                                                                                          Respectfully submitted,

                                                                                          Charity A. L. Willis

                                                                                          Recording Secretary