APPROVED

 

TOWN OF PELHAM

BOARD OF SELECTMEN MEETING

MINUTES

November 26, 2002

APPROVED Ė December 10, 2002

 

CALL TO ORDER

PLEDGE OF ALLEGAINCE

 

PRESENT:

Mr. Greg Farris, Mr. Harold Lynde, Mr. Jean-Guy Bergeron, Mr. William McDevitt,

Mr. Richard Derby

 

Also present:

 

ABSENT:

Mr. Tom Gaydos, Town Administrator, members of the press and general public.

 

None.

††††††††††††††

Chairman Farris opened the meeting at approximately 6:30 pm.

 

MINUTES REVIEW

 

November 19, 2002

 

MOTION:

(Derby/Lynde) To approve the November 19, 2002 minutes as amended.

 

VOTE:

 

(4 - 0 - 1) The motion carries.Mr. Bergeron abstained.

 

The amendment to the minutes was as follows: Mr. Bergeron asked that the minutes reflect that the reason he was absent was because he attended a Municipal Water District meeting in Nashua, NH.

 

OPEN FORUM

 

None.

 

APPOINTMENTS

 

Interview for Police Officer position, Chief Haglund, Non-public session per RSA 91-A:3 II(b)

 

REQUEST FOR NON-PUBLIC SESSION

 

MOTION:

(McDevitt/Derby) Request for a non-public session per RSA 91-A:3,II, b (hiring a public employee)

 

ROLL CALL:

 

Mr. Farris-Yes; Mr. Lynde-Yes; Mr. McDevitt-Yes; Mr. Bergeron-Yes; Mr. Derby-Yes

 

The Board entered into a non-public session at approximately 6:40pm.Mr. Gaydos was also present during the non-public session.

 

The Board returned to public session at approximately 7:05 pm

 

MOTION:

(Lynde/McDevitt) To hire Mr. Christopher Kelley as a full-time Police Officer, effective December 1, 2002, with the standard probationary period called out for within the Police Departmentís contract.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

NEW BUSINESS

Warrant Articles

 

Park and Recreation Advisory Board

 

Mr. William Hayes, Pinewood Drive, representing the Parks and Recreation Advisory Board met with the Selectmen to discuss three warrant articles.He began by explaining the first warrant article, which would be for additional parking at Raymond Park, west of the field.He said the area was already leveled and would be graveled.He said the access to the parking would be from Keyes Hill Road.

 

Mr. Farris asked if facilities would be added.Mr. Hayes said that there were no plans for adding permanent non-flush toilets this year.Mr. Tryon informed that a grant had been filed with the US Soccer Federation in the amount of $88,000, which would be specifically for a rest area at Raymond Park.

 

Mr. Farris read the warrant article aloud, that requested $17,000 be withdrawn from the Elmer G. Raymond Memorial Park Trust Fund for parking spaces, with no portion being from local taxes.Mr. Hayes discussed the need for the additional spaces at the park.†††

 

MOTION:

(McDevitt/Derby) To support the warrant article to withdraw $17,000 for the creation of the parking lot at Raymond Park.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

Mr. Hayes began to discuss the second warrant article, which was basically a housekeeping function, but would at the same time take care of matching the grant portion of the new access road.Mr. Farris read the warrant article aloud, which was for $3300 to fund the construction of the new access road to Raymond Park.†† The sum will be offset by fee charged for storage of the Gregory Cooke swamp mats.No portion will be raised by local taxes.

 

Mr. Gaydos said that DRA may have a problem with the wording of the last sentence, since the money would be raised in 2002, but appropriated in 2003.Mr. Hayes said the Selectmen could word the warrant article how they liked.

 

Mr. Lynde asked for clarification of the plan.Mr. Hayes discussed what needed to be done.He said that 400ft.-500ft. would need to be cleared from the old railroad bed.He said the actual sum would be for $6600, since they were counting on the $3300 from the grant.

 

MOTION:

(Derby/McDevitt) To support the warrant article for $3300 for the construction of the new access road to Raymond Park.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

Mr. Farris read aloud the third warrant article, which was to take $15,000 from the Pelham Forestry Fund to cover engineering plans, bid specifications and permits for a conservation, recreation, irrigation, forest fire suppression pond.The funds came from the sale of timber located at Raymond Park and it was anticipated that the excavation and sale of sand and gravel within the limits of the pond would generate substantial amounts of money, with the balance going into the Raymond Park Capital Reserve Fund.

 

Mr. Hayes provided a letter from the Conservation Officer and Town Engineer, which both agreed the pond could be done.He discussed the various purposes the pond could have (i.e. skating, canoeing, boating, irrigation of fields).There was a brief discussion regarding the sale of the material dug out of the pond for the Interstate 93 widening project.He said the size would be approximately three to four acres, with shallow in and shallow out.Mr. Hayes said that money would not be spent until all the appropriate people were brought from the state to review and said that the pond could be done.

 

Mr. Tryon informed that the two streams that would feed the pond still flowed, even during dry seasons.He discussed how the new pond could be used as a supplement to PVMP.He said that the pond would be a good scouting location for aquatic skills.

 

Mr. Bergeron asked about the deed restriction regarding materials.Mr. Hayes said that any income generated from materials must stay at the park.

 

Mr. Farris asked if dry hydrant access would be possible.Mr. Hayes said there would be a lot of possible locations and could discuss with the Fire Chief.

 

MOTION:

(McDevitt/Lynde) To approve the warrant article to withdraw $15,000 from the Pelham Forestry Fund as further described to construct a conservation, recreation, irrigation, forest fire suppression pond at Elmer G. Raymond Park.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

Mr. Hayes brought forward a contract for the sub grade of the remaining two fields.He was requesting the expenditure of $14,790 from the Tennessee Gas money.Mr. Tryon showed the Selectmen pictures of the completed field.He discussed the size of the fields and how they could be divided during soccer games for younger children.

 

Mr. Lynde questioned the use of the Tennessee Gas money and believed that it was due to be used for the second warrant article.He asked if the remainder would come from grant money.Mr. Hayes said that the money all fit and they were hopeful to receive money from a matching grant.He said that if the grant money was not received, the choices would be to 1) totally complete one field, or 2) complete two fields within the fenced area.He said that either way, the fields would need to be finished to sub grade.Mr. Tryon believed, as he had been told by professionals, if the field were properly seeded and irrigated, it would be able to be used.

 

Mr. Farris confirmed that the request was to establish an agreement with JSI to design and bring the area to sub grade with a gross total of $33,300 and the bottom line coming from the Tennessee Gas funds ($14,790).Mr. Hayes believed if the amounts were treated as contributions from the principals of JSI to JSI a pubic hearing may not need to be held.The Selectmen discussed the possibility of holding a public hearing, which had already been posted for the next scheduled Selectmenís meeting.Mr. Bergeron asked if the #45 deed restriction applied and believed the process should have been followed.Mr. Hayes said that they used the Forestry process.He said that the Raymond Park process probably should have been followed, but what was done, was done.Mr. Bergeron said he had a problem with each of the warrant articles if the proper process had not been followed, specifically obtaining the majority of the Selectmen, Conservation Commission, Scout Masters and Cub Masters of all currently chartered Pelham Boy Scout Troops.Mr. Hayes informed that the Conservation Commission and Scouts were aware of what was happening.Mr. Farris noted that no one from the groups had come forward and objected (since the 1970ís).Mr. Tryon informed that the Raymond Park Advisory Committee was completely behind the plan, and had no objections.

 

Mr. Bergeron stated that he was not comfortable with what was being presented and was not in favor of moving forward in the manner being discussed.Mr. Hayes discussed the way in which the money was generated.Mr. Gaydos understood Mr. Bergeronís position and wanted to know if the boy scouts could be consulted.Mr. Hayes said that the Raymond Park Advisory Board was made up of Mr. Tryon, Mr. Hayes and the scouts, all of which had Ďblessedí the plan.Mr. Lynde reviewed the warrant articles and noted that the first two did not generate revenue and the third, which anticipated revenue being generated, would follow the process of review by the Selectmen, Conservation Commission and the Scouts.Mr. Farris noted that the money was in the Forestry account, but should be in the Raymond account.

 

The public hearing will be held at the next scheduled Selectmenís meeting,at which point the Selectmen will vote regarding the contract.

 

Park and Recreation Department

 

Mr. Farris noted that there were two warrant articles, 1) grounds maintenance, which was originally in the Park and Recreation Budget and the Budget Committee requested instead that it be a warrant article, 2) special revenue fund.He said that the grounds maintenance had previously been discussed by the Selectmen.Mr. Gaydos said that $57,000 was originally in the budget for the maintenance of the current fields and minimal maintenance of the new common area, as well as a provision for snow shoveling of Town buildings.Park and Recreation Director, Mr. Bob Tryon said that the two new fields and the lower parade field was also included in the budget.Mr. McDevitt said that the Budget Committee requested that the maintenance contract be a warrant article, as well as drafting a warrant article for an additional person, in the event that the contract failed.There was a brief discussion regarding the warrant articles and the need for maintenance since volunteers were starting to pull back their hours.It was pointed out that if the warrant articles failed, there would be no money for Town maintenance.Mr. McDevitt noted that the Budget Committee would be hearing Town warrant articles on Monday and voting on Thursday night.He suggested wording for the warrant article, which would be reviewed by counsel and DRA.†††

 

MOTION:

(Lynde/Bergeron) To raise and appropriate $57,000 to hire an outside contractor to maintain the fields and the grounds in the Town.Final wording to be reviewed by counsel.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

Park and Recreation Special Revenue Fund

 

Mr. Tryon discussed the handling of revenues from activities, which were not placed in the operating budget.Mr. Gaydos believed that the gross budgeting would address the issue.Mr. McDevitt asked if Mr. Tryonís budget would be okay for the upcoming year.Mr. Tryon answered yes.Mr. Farris believed that the Selectmen needed to decide if the current accounting practice should be maintained.Mr. Gaydos noted that the revenues from 2003 would not be in the account.There was a discussion regarding new programs and their funding with the approved budget.

 

Feasibility study for Community Center

 

Mr. Tryon said that the Budget Committee removed the $7500 for the community center feasibility study and requested that it be submitted as a warrant article.

 

The Selectmen discussed the request and suggested if people were interested in the study, that they present a petition warrant article. The needs of the Town should be reviewed and defined when creating a community center plan.†††††

 

MOTION:

(Lynde/McDevitt) To support the warrant article in the amount of $7500 to devise a plan for a community center.

 

VOTE:

 

(0 - 5 - 0) The motion failed.

 

OLD BUSINESS

 

Municipal Building - ††† List of items to be addressed - postponed

†††††††††††††††††††††††††††††††††††††††††††† Municipal Building Committee concerns - postponed

†††††††††††††††††††††††††††††††††††††††††††† Electric Generator - postponed

 

NEW BUSINESS CONíT...

 

Warrant Articles Conít....

 

Mr. Farris read the Fire Departmentís warrant article aloud, which requested $97,533 (benefits and salaries) for the hiring of three new full-time firefighter positions from April 2003 through December 2003.Mr. Farris discussed the wording and suggested that the full salary amount be noted, in addition to the amount being raised and appropriated.

 

Mr. Gaydos asked if the outfitting of the additional firefighters was included in the requested amount.Fire Chief David Fisher said that the outfitting would be covered in the current budget.

 

Mr. Bergeron said that he reviewed a video of the previous Selectmenís meeting and noted that he was up to date regarding the information being presented.

 

Mr. McDevitt felt the presentation was well done and very detailed.He said that he was troubled and uncomfortable with the late timing of the warrant article due to its significant expense.He discussed the budget process and questioned the urgency for bringing the warrant article forward for the March budget.

 

Mr. Bergeron said that life and death situations came from the Fire Department and felt that since the Fire Chief brought the warrant article forward with his recommendation, it was a priority, and should be supported.

 

Mr. Lynde also did not understand why the warrant article did not come before the Selectmen.

 

Mr. Derby believed that the new rulings were the driving force behind the recommendation of the warrant article.He felt that safety should be considered when reviewing the warrant article.

 

Chief Fisher said that the reason the warrant article came about was due to the new NFPA guidelines for two men in, and two men out, which the Town could not produce at this time, except for possibly on the weekend and at night (with call firefighters).He said for years there had been a controversy within fire services, and finally a stance had been taken that there should not be less than two men in and two men out at a working structure fire.Chief Fisher went on to discuss protective equipment and said that the department had a demonstration of new equipment, which would be changed due to new NFPA guidelines.He reiterated that the reason the warrant article was brought in was due to new NFPA guidelines.He apologized for the way the warrant article was brought to the Selectmen.Chief Fisher noted that the Fire Department expenditure per the tax dollar was low.He said that the Fire and Police Department was working on receiving grant money for first responders.He asked that the voters be allowed to make the decision regarding extra personnel.

 

Mr. Farris recognized that the Fire Chief ran an incredibly efficient department for very little money.He didnít feel that a dollar amount could be placed on life safety issues.Mr. McDevitt wanted to bring awareness to the fact that the Police Department fell short of recommended guidelines, by approximately six officers, but still met the needs of the community.He believed more time was needed to review the information.Mr. Lynde believed that the Fire Department could have left the NFPA information out of the presentation and brought the request forward months ago.Mr. Bergeron suggested that the Police possibly have EMT training, since they may be first onto a scene.He supported the warrant article and felt that the voters should make the decision.

 

Mr. Gaydos said that he had worked with the Selectmen to bring forward and organized and coordinated approach to the budget.He said that both the Police and Fire Departments discussed their future needs with the Budget Committee.He said bringing the warrant article forward for Budget Committee review at this point would be difficult, he would rather put the proposal together as an organized plan so it would pass.

 

Mr. Derby noted that mutual aid was not always available and believed that some times safety cost dollars.

 

The Selectmen continued to discuss the Fire Departmentís warrant article and if it were to be approved, if there were other warrant articles that could possibly wait until next year.

 

MOTION:

(Bergeron/Derby) To support the warrant article for Town ballot in the amount of $97,500 for 2003.Mr. Gaydos will refine the number.†††

 

VOTE:

 

(4 - 1 - 0) The motion carries.Mr. McDevitt voted no.

 

Mr. Lynde and Mr. Farris said they were not persuaded by the NFPA guidelines.

 

Chief Fisher asked if the Ambulance Capital Reserve Fund for $10,000 or the SCBA equipment in the amount of $52,000 had been voted on by the Selectmen.

 

MOTION:

(Lynde/McDevitt) To approve the warrant article to place $10,000 in the Ambulance Reserve Fund.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

There was a brief discussion regarding the cost of the self-contained breathing apparatus.Chief Fisher explained that things were changing rapidly due to Homeland Security.Due to changing costs, Chief Fisher could not provide the exact dollar amount for the most up-to-date equipment.He informed that the cost had risen from the time that he submitted the warrant article, but that he would not change the requested amount due to the late date.He said the technology was still changing and he would hold off purchasing the equipment until the newer models came out.He said that with the amount provided for in the warrant article, he would purchase how ever many breathing apparatuses he could afford.On a side note, he informed that the last equipment purchased had lasted approximately fifteen years.

 

MOTION:

(McDevitt/Bergeron) To raise and appropriate $52,000 for the purchase of self-contained breathing apparatus for use of the Pelham Fire Department.††††

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

Mr. Farris began review of the following warrant articles, which would be going before the Budget Committee on Monday night and Budget Committee vote on Thursday night. .

 

MOTION:

(Lynde/McDevitt) To approve $375,000 for the Town Health Insurance Fund.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

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MOTION:

(Lynde/McDevitt) To approve $35,000 for the Compensated Absence Fund.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

* this was reconsidered.....see below.

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MOTION:

(Lynde/Derby) To approve $230,137.23 for the Highway Grant to be offset by state money.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

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MOTION:

(Lynde/Bergeron) To approve $12,645 for an additional full-time Highway Department laborer (additional cost to be offset by monies already in the Highway Department budget)

 

VOTE:

 

(5 - 0 - 0) The motion carries.

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MOTION:

(Lynde/Bergeron)To approve $61,400 for the purchase of two Police Department cruisers.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

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Mr. Gaydos discussed the amount paid out during the last year and believed that the Compensated Absence Fund could be lowered.There was a brief discussion and the Selectmen made the following motions:

 

MOTION:

(Derby/Lynde) To reconsider the warrant article for the Compensated Absence Fund.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

MOTION:

(Derby/Lynde) To approve $25,000 for the Compensated Absence Fund.

 

VOTE:

 

(4 - 1 - 0) The motion carries.Mr. McDevitt voted no.

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MOTION:

(Derby/McDevitt) To approve $75,000 for the Bridge Capital Reserve Fund.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

The Selectmen believed that there was a second warrant article to remove money ($57,000) from the account for the Tallant Road Bridge.Mr. Gaydos made a phone call to clarify the amount to be taken out.††

 

* see below for vote on the warrant article to withdraw $57,000 for the Tallant Road Bridge.

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There was a brief discussion regarding the Cemetery garage and if the building located on the Mills property could continue to be used for another year.

 

MOTION:

(Lynde/McDevitt) To approve $92,350 for a Cemetery Department building.††

 

VOTE:

 

(0 - 5 - 0) The motion failed.

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MOTION:

(McDevitt/Lynde) To approve $120,000 for the purpose of purchasing furniture and equipment for the new Library.

 

VOTE:

 

(3 - 2 - 0) The motion carries.Mr. Farris and Mr. Derby voted no.†††

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MOTION:

(Lynde/Bergeron) To approve the withdrawal of $57,000 for the construction of the Tallant Road Bridge.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

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MOTION:

(Derby/McDevitt) To approve $15,268.48 for the year 2003 (the grant will be a total $143,708 over three years) for a Police Officer.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

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MOTION:

(Derby/McDevitt) To approve $12,454 for loam, seed, fence and irrigation of two partial fields - if grant money not successful, the project will not be carried forward.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

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Mr. Gaydos said further research needed to be done.The warrant article language will be refined and the dollar amount will be amended.A public hearing will be scheduled for either December 10th or 17th.

 

MOTION:

(McDevitt/Bergeron) To approve $200,000 for the improvement of Spring Street Extension with the understanding that the money will be paid back through betterment fees charged to abutters and others served by the road.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

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MOTION:

(McDevitt/Lynde) To approve $300,000 for the improvement of Campbell Road, Gaston, Road and Andover Road with the understanding that the money will be paid back through betterment fees charged to abutters and others served by the road.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

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MOTION:

(Derby/McDevitt) To approve $40,000 for Municipal Center furniture.††

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

Fire Inspector/Code Officer Criteria - postponed

 

Hiring process - postponed

 

TOWN ADMINISTRATORíS REPORT/SELECTMENíS REPORT

 

Mr. Gaydos informed that the Salvation Army requested a $500 donation from the Town and suggested bringing the item forward during reconsideration of the General Budget.He noted that there were a number of needy people from Pelham who obtained general assistance from the Salvation Army.There was a brief discussion and Mr. Gaydos will bring forward a proposal at the next meeting for next yearís budget.

 

Mr. Gaydos noted that four roads had not yet paid for plowing by the Town (Irene Drive Extension, Robin Road, Honey Lane and Willowvale Avenue).He said per legal opinion, the Town should not plow, due to liabilities.†††

 

Mr. Gaydos noted that Planning Director, Amy Alexander was reviewing specs and following up with construction progress.He said the Town was working with an engineering company on a limited, as needed, basis.

 

Mr. Gaydos provided the Selectmen with an explanation (from Transfer Station Superintendent Bruce Mason) regarding the discussion at the last meeting pertaining to keeping the two 75-yard trailers in addition to keeping a 100-yard trailer.He said the justification was scheduling and the load amount on Saturdays.He said that the 100-yard trailer could be a lease/purchase agreement over five years at 8%.There was a discussion regarding the current hauling situation.Mr. Farris believed that the swap-shop should be reviewed.There was continued discussion regarding the need for the additional trailer.

 

MOTION:

(Bergeron/Derby) To approve a warrant article for the lease/purchase of a 100-yard refuse trailer for the Transfer Station, based upon the recommendation of the number submitted by Superintendent Bruce Mason at the November 19, 2002 meeting.

 

VOTE:

 

(2 - 3 - 0) The motion failed.Mr. Farris, Mr. Lynde, Mr. McDevitt voted no).

 

There was continued discussion regarding the possible disservice to the Town if the warrant article was not supported, which lead to Mr. Gaydos drafting the following warrant article, which the Selectmen voted upon, but expected the figure to be reduced after further research by Mr. Gaydos.Mr. Gaydos will also review other alternatives and obtain the price for an outside company to drop a trailer.

 

MOTION:

(McDevitt/Bergeron) To enter into a 5-year lease/purchase agreement for the acquisition of a 100-yard trailer - annual appropriation $12,000.

 

VOTE:

 

(4 - 1 - 0) The motion carries.

 

Mr. Bergeron informed that he attended another regional round-table meeting regarding the Municipal Water District.He provided the Selectmen with a second resolution that he handed to the Selectmen.He asked if one or two key speakers could meet with the Selectmen for a presentation.Mr. Farris asked Mr. Bergeron to discuss a meeting night with Mr. Gaydos.Mr. Bergeron continued his discussion and provided a brief summary of the recent meeting.He noted that the issue was being placed on the Ďfast trackí.Mr. Bergeron informed that the Transfer Station would be closed November 28th & 29th.He said that the brush pile would be open November 27th & 30th.He noted that he attended the Troop 25 Eagle Scout presentation held on Sunday for Mr. Derek Baker and said that he was honored to attend and present the proclamation.

 

Mr. Lynde noted that the Technical Group held a meeting last Wednesday and put their recommendations in aCIP format.He said they expected to hold one more meeting.Mr. Farris asked if any money would be requested.Mr. Lynde believed there may be a request.He said a meeting was held at the school to review the possible MDF space, the Selectmen still needed to vote regarding the space.He said an RFP was being drafted for wiring and a warrant article was being drafted for items such as an internal e-mail system.

 

Mr. Derby said that he went with Fire Chief Fisher to Hooksett to see the regional Haz Mat Team and equipment.

 

Mr. McDevitt said he received an e-mail from the developer at Stone Post Village and was informed that the dam had been reconstructed.The developer was anxious for the Town to take title.After research, Mr. McDevitt found out that the state had not yet received an as-built and informed the developer as such.He went on to discuss the entrance at the Municipal Center and handed out two revised plans for Selectmen review.Mr. Gaydos said that the technical review committee was reviewing the radius to ensure it was adequate.Mr. McDevitt noted that the project was running under budget and noted that there were certain items not included in the original plan and suggested certain scope changes.He then discussed the concerns of the Razorback Football team regarding lost playing space.He said the Building Committee had responded to their concerns.He informed that a roof color had been chosen for the Library.He said that two large trees suffered root damage at the Municipal Complex and had to be taken down.Mr. McDevitt requested that Department Heads that had warrant articles should attend the Budget Committeeís meeting Monday night.

 

Mr. Farris wished everyone a Happy and Safe Thanksgiving.

 

ADJOURNMENT

 

MOTION:

(Bergeron/Derby) To adjourn the meeting.

 

VOTE:

 

(5 - 0 - 0) The motion carries.

 

The meeting was adjourned at approximately 11:20 pm.

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Respectfully submitted,

 

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Charity A. L. Willis

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Recording Secretary