BOS Minutes 11-14-2006

APPROVED

TOWN OF PELHAM<= /st1:place>

BOARD OF S= ELECTMEN MEETING

MINUTES

November 14, 2006

APPROVED – November 28, 2006

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. Victor Danevich, Mr. Edmund Gleason, Mr. Harold= Lynde, Mr. Jean-Guy Bergeron, Mr. Tom Domenico, Ms. Janet Gallant – Town Financial Supervisor

Also present:

ABSENT:

Members of the press and general public.

Mr. Tom Gaydos – Town Administrator

MINUTES REVIEW

November 1, 2006

MOTION:

(Gleason/Bergeron) To approve the November 1, 2006 meeting = minutes as amended.

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

The amendments to the minutes were as follows: page 2 – the reference to soccer field (11V11) was amended to read (11V4); = page 3, paragraph 3 – the words ‘fund raised’ were replaced w= ith ‘privately funded’; the words= - ‘….budget ending up $363,000 higher’ was replac= ed with ‘…budget ending up $175,273 higher.’; under Warrant Article discussion - #2 – the amount was revised to read $86000#5 wh= ich read ‘Add warrant article for Capital Reserve for Engine 3’ was amended to read ‘Add warrant article to disposition (the 2006 warran= t) $70,000Capital Reserve for repair of Engine 3 (it was later determined thi= s was not needed); #8 which read ‘Highway garage - $720,000’ was ame= nded to read ‘Establish a Capital Reserve for a Highway garage - $225,000= for three years’; #11 the words ‘this is in the CIP’ were ad= ded; #15 – the words ‘separate showing the bathroom’ were rep= laced with ‘rewrite to cover the bathroom’; the ending motion was ma= de by Gleason/Bergeron.

OPEN FORUM

None.

ANNOUNCEMENTS

Tax Rate

Mr. Danevich announced that the 2006 tax rate had bee= n set by the DRA. The new rate wou= ld be $13.99 broken down as follows: $3.24-Town; $7.74 local school; $2.08 school state; $.93 county.

Retirement of Police Sergeant Michael Ogiba<= /p>

Mr. Danevich read aloud the memo (dated October 30, 2006) submitte= d by Police Sergeant Michael Ogiba notifying the Board of his retirement. Sergeant Ogiba requested to conti= nue his association with the community as a part-time officer. Mr. Danevich then read aloud a me= mo (dated November 1, 200= 6) submitted by Police Chief Evan Haglund in response to Sergeant Ogiba’= ;s retirement. The Selectmen th= anked Sergeant Ogiba for his service and went on to make the following motions: =

MOTION:

(Lynde/Domenico) To accept, with regret, the retire= ment of Police Sergeant Michael effective December 9, 2006.

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

MOTION:

(Lynde/Domenico) To appoint Officer Michael Ogiba a= s a part-time Police Officer upon his retirement, effective December 9, 2006.

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

APPOINTMENTS

Article K Waivers:

The Selectmen convened = as the Board of Health, with Deputy Health Officer Paul Zarnowski as Chairman.

The Board of Health mee= ting was called to order at approximately 6:47pm

Map 33 Lot 2-26 / 74 Mammoth Road – waiver request to Se= ction 295-16 (setbacks to group V soils) Town requires 75-feet/state requires 50-feet– applicant proposing 50-feet.

Mr. Joe Maynard of Benchmark Engineering presented the request. He explained that t= he current system was on the verge of failing and the applicant wanted to rep= lace it. The setback would be 50-= feet from hydric B soils and 50-feet open drainage. The system would be an improvemen= t from what was currently in place. It was believed that the existing system was within the water table limits, the proposed would not. Mr. Zarn= owski noted that the existing system was in failure and providing no treatment.<= span style=3D'mso-spacerun:yes'> He described how the proposed sys= tem (Enviro-septic) would work.

Mr. Danevich confirmed that the new system would not = be within the 75-foot well radius as the existing system was. Mr. Maynard answered yes. Mr. Danevich also confirmed that = keeping the system outside the well radius versus the hydric B soils was preferred. Mr. Zarnowski dis= cussed the situation and said the wetland was providing treatment for any effluent.

MOTION:

(Danevich/Bergeron) To approve the Article K waiver request for Map 33 Lot 2-26 with respect to Section 295-16 (75-foot requ= ired setback) and the waiver for open drainage.

= ;

VOTE:<= /p>

(6-0-0) The motion carried.

<= /o:p>

Map 20 Lot 2-132-1 / 29 Bush Hill Road – waiver request to Section 295-15 (1 acre required).

Mr. Wes Aspinwall of Herbert Associates discussed the requested waiver. He said a = survey and septic plan had been prepared. He said the property had been in the applicant’s family for a= long time and was almost entirely walled in.&n= bsp; He said the lot was referred to as an ‘orchard’ lot and believed it was originally intended set up to be an acre lot; the survey f= ound it to be just under an acre. Suitable test pits were done in order to do a design that met the P= elham Health Ordinance and State ordinance with the only exception being the area. He said if the waiver = was granted they would look for the state to also approve and then they would go to the Board of Adjustment. All the= other criteria were met. Mr. Aspin= wall said they were proposing a three-bedroom house to be constructed. The standard usage for the house = would be 450-gallons per day and under the state’s loading calculations it would work for up to 754 gallons per day.=

Mr. Gleason asked if there was any land that could be= given to the applicant to increase it to an acre. The applicant indicated that the = land was locked.

Mr. Lynde questioned what the bed bottom was relative= to the seasonal high water table. M= r. Aspinwall said they were proposing a bed bottom elevation of 282; test one= was at 280; the seasonal high water table would be at 277.4; it was slightly m= ore than four feet above the seasonal water table. Mr. Lynde asked about the test pi= t 2 data. Mr. Aspinwall said the information was contained on the plan and comparable to the data in test 1.

Mr. Bergeron said he would normally be in favor of ap= proving if it went to the Board of Adjustment first, but it sounded like it was ju= st missing a small amount of acreage. He asked if there were similar sites approved prior to going to the Board of Adjustment. Mr. Zar= nowski said he hadn’t run into this situation before; the lot being discussed was created as far back as 1921 and at one point the Assessor showed it as bei= ng joined together, but shouldn’t have. It was a separate parcel all along, but when tax cards were done initially lots were combined if they had similar ownership. Mr. Bergeron asked if the lot wou= ld meet other requirements (such as setbacks).&nb= sp; Mr. Aspinwall said the lot fit all the setbacks in the Zoning Ordinance. Mr. Zarnowski sai= d the lot would meet all the other Article K setbacks. He noted that the lot met all sta= te criteria. Mr. Bergeron said = he was in favor of the waiver, but normally didn’t want to take action unti= l the Board of Adjustment ruled.

Mr. Domenico said he didn’t have an issue with = the plan, but questioned the procedure. Mr. Danevich noted that the lot was a pre-existing non-conforming lot. He said even if the Sel= ectmen approve the waiver, the applicant would still need to appear before the Bo= ard of Adjustment. Mr. Domenico = noted there wasn’t much room for error with regard to the well placement; = this would be reviewed by the Planning Board.&= nbsp; Mr. Aspinwall said they would stake out the house and well position.

Mr. Danevich said in the past the Board had granted a= waiver contingent upon Board of Adjustment approval and questioned if the applica= nt would be amenable to such. M= r. Zarnowski said that could be done. He said the Planning Director was aware of the situation.

Mr. Lynde asked if the abutting lot was vacant. Mr. Aspinwall said there was a va= cant lot that had just been subdivided. He said the septic for that lot would be uphill and the well on the= lot would probably be more than 150-feet from where the applicant’s prop= osed septic would be. Mr. Lynde questioned what would happen in the event the septic had to be relocated a= nd impacted the separation between the well and proposed leach field. Mr. Zarnowski said that would be = caught on the as-built required for a certificate of occupancy. If it impacted the leach field, i= t would have to come back before the Board of Health. He said the applicant could be as= ked to drill the well prior to building permit.&= nbsp;

MOTION:

(Danevich/Gleason) To approve the Article K waiver = request for Map 20 Lot 2-132-1 with respect to Section 295-15 (1 acre required) contingent upon Board of Adjustment approval and no material affect on w= ell placement that would have an impact on the septic.

= ;

VOTE:<= /p>

(6-0-0) The motion carried.

Map 42 lots = 10-18 & 10-31 / 31 Hillcrest Lane – waiver request to Section 295-= 13 (number of bedrooms per unit- conflict between Zoning Ordinance and Article K); Se= ction 295-16 (leach field 75-feet from poorly drained soils – proposed 54-= feet) and State of New Hampshire regulation - Innovative Alternative Technology – proposing a Clean Solutions System.

Mr. = John St. Pierre from SFC Partnershi= p and Mr. Shawn Harrington of Advanced Investments met with the Board to discuss= the request. Mr. St. Pierre prov= ided a brief description of the proposed system.= He noted that they had received a waiver from the Zoning Board for = leach field to poorly drained soils. He discussed the reasons they chose to use the Clean Solutions System (reduce= the required size of the leach bed and provides a higher level of treatment).<= span style=3D'mso-spacerun:yes'> Mr. Zarnowski said he had initial concerns; the applicant had satisfied all.

Mr. Gleason asked how many unit bedrooms were propose= d. Mr. St. Pierre said they proposed= 24 two-bedroom units. He said t= he Article K regulations state each unit is to have three bedrooms and the To= wn zoning regulations states that the units can only have two bedrooms. He said if they had to design for three-bedrooms the plan would be over-designed. Mr. Gleason questioned if the Boa= rd could waive a state requirement. Mr. Zarnowski said a waiver by the state was not binding by a board= of health. Mr. Gleason confirme= d that the applicant would also need a waiver from the Department of Environmental Services. Mr. Zarnowski answ= ered yes.

Mr. Bergeron confirmed that the units would each have= two bedrooms and wanted to know if the applicant would be in violation if they had a three-bedroom unit. Mr. Zarn= owski said they would be in violation of the Senior Housing Ordinance which could easily be enforced.

Mr. Lynde asked what the total acreage was and how ma= ny of which were dry. Mr. Harringt= on said the parcel contained twelve acres, eight of which were dry. Mr. Lynde questioned if there wou= ld be a fair amount of encroachment into the Wetland Conservation District (‘WCD’). Mr. St.= Pierre said there was some encroachment from the access road and fire lanes, but = none of the proposed dwellings encroached.&nbs= p; Mr. Lynde said it appeared that the edge of one of the units was in= the flood plain and asked if the pump house would be contained in it. Mr. Zarnowski said he had receive= d a letter responding to that same inquiry.&n= bsp; Mr. St. Pierre said the flood plain was not associated with any giv= en elevation; it was on the FEMA maps as Zone A. He said when overlaying the flood= map onto the plan it was not an exact science; they would be requesting a bett= er defined map of the flood zones in the area because Zone A is not defined.<= span style=3D'mso-spacerun:yes'>

Mr. Zarnowski said he was very familiar with the maps= and said the flood plane was graphical and there was a vast difference because= of blowing it up. Mr. Lynde ask= ed if any aerial photography had been done based on the flooding last spring. Mr. Zarnowski believed one outfit= did, but he didn’t have any information regarding such. Mr. Lynde questioned where the di= spersal field was located. Mr. St. P= ierre said they had a perforated pipe in a bed of stone. Mr. Lynde said the applicant indi= cated that they had received a variance for the dispersal area and wanted to kno= w how the Board of Adjustment was able to waive something health related. Mr. Zarnowski said under the WCD = there are setback requirements that need to be met. He said the Health Board addresse= s soil, not the setback to the WCD. =

Mr. Bergeron wanted information regarding the proposed system. Mr. Zarnowski provid= ed a brief description of the proposed system.= Mr. Bergeron questioned if the applicant would use a conventional s= ystem if the proposed (Clean Solutions system) were to fail. Mr. Zarnowski said the applicant = would probably use the alternate areas and make a larger field. Mr. Bergeron asked what would hap= pen if the two systems were to fail. Mr. Zarnowski said he was very familiar with the system and in this situation = the dispersal area was oversized. He said if the initial system had a problem they would more than likely repla= ce it where it was located. Mr. St. Pierre said the proposed system was a proven technology that had been arou= nd for approximately 10-years. = He said the state was in the process of rewriting the regulations to include innov= ated technology such as the one being proposed.

Mr. Lynde said he recalled maintenance documents being attached to plans when a Clean Solutions system is proposed. Mr. St. Pierre said it was requir= ed by the state and would send it in. Mr. Zarnowski said a supplemental contract would be submitted to the state. Mr. Lynde said that was a critical component of the system that should be identified. Mr. Zarnowski said it was part of= the state requirement as well that would be received by the Town.

Mr. Danevich made a motion to approve the Article K waivers. Mr. Gleason seconde= d the motion. Mr. Zarnowski indica= ted that the Board also needed to waive the full size leach field. Mr. Danevich didn’t underst= and how the Board could waive the state’s regulation. Mr. Zarnowski suggested having a = binder stating subject to state approval. Mr. Danevich amended his motion to have approval contingent upon DES approval of the 1024.03b waiver request.&= nbsp; Mr. Gleason amended his second.

MOTION:

(Danevich/Gleason) To approve the Article K waiver = request for Map 42 lots 10-18 & 10-31 contingent upon: 1) receipt of the maintenance sched= ule document as part of the application process; 2) waiver of Section 295-13= (administrative difference between the Senior Housing Zoning Ordinance – Article I= V, 307-51,d which calls for two bedrooms and Article K calls for three; 3) = waiver of Section 295-16 requiring a 75-foot setback – with the BoardR= 17;s recognition of the updated technology for waste disposal, the setback it approved to be reduced to 54-feet; and 4) contingent upon Department of Environmental Service approval of the 1024.03b waiver request.

= ;

VOTE:<= /p>

(6-0-0) The motion carried.

Mr. Lynde asked what the square footage of the units = would be. Mr. Harrington said the = unit size would vary between 1200SF-2000SF. <= /span>

Mr. Gleason questioned what type of housing was proposed. Mr. Harrington sai= d it would be an Active Adult community. The ADA compliance would be addressed at the Planning Board.

By motion of Gleason/Ly= nde the Board of Health adjourned at approximately 7:37pm.

The Board of Selectmen reconvened.

<= /o:p>

OTHER BUSINESS

<= /o:p>

Technology Plan Adoption

Mr. Danevich said the Technology Plan had been circul= ated to the Selectmen for review at a previous meeting and asked that the Selectmen take action regarding such. = He noted that it would be a living document. Mr. Gleason complimented Mr. Danevich for the work/effort he had done.

There was no public inp= ut.

= ;

MOTION:

(Gleason/Domenico) To approve/adopt the Technology = Plan effective No= vember 14, 2006.

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

= BOS Prio= rity Tracking Item- Town Facility Use Request Form <= /o:p>

Mr. Danevich said there wasn’t a process/proced= ure or form for Town Facility use. = A draft application form was provided to the Selectmen for review. There was a brief discussion and suggestions made. Mr. Danevi= ch wanted the Selectmen to begin a discussion and address over the next couple meetings.

Resolutio= n RSA 72:37 – allows exemptions of assessed values to dwellings for physic= al features constructed to accommodate handicapped occupants

Mr. Danevich read aloud the recommendation letter (da= ted November 8, 2006) provided by Wil Cochoran and the p= roposed resolution. Mr. Bergeron agr= eed with the suggested recommendations and hoped the Selectmen gave a favorable vote. Mr. Lynde wanted to be= able to make the distinction between physical features (ie elevator) that were needed for an occupant versus features that were simply wanted. He asked if the topic could be le= ft open for public comment. Mr. Dane= vich said there was no time limit; the discussion could be left open, posted for public comment and revisited at the next meeting for adoption.

Implementation of the National Incident Management System (NIMS= )

Mr. Danevich read aloud October 3, 2006 a memo regarding the = immediate implementation of the National Incident Management System as recommended b= y the Fire Chief Michael Walker. T= his system would be consistent with the RSA and the 9/11 Commission which would help the Town apply for grants. Mr. Lynde questioned how implementing the system would affect the Town and the various departments. Mr. Dom= enico explained that NIMS had become the standard and allowed emergency responde= rs to transition command/control of an incident more seamlessly. He said all the first responders = would have to be NIMS certified. M= r. Bergeron noted that the Fire Chief was the Emergency Management Director a= nd should have questions directed to him.&nb= sp; The Selectmen’s questions would be collected and Ms. Gallant = would ask for a formal response to such. = Mr. Danevich said this would be re-posted and formally adopted at the next session.

Advice on Signage Placement

Mr. Danevich said a memo had been received from the P= olice Chief who was also the Chairman of the Highway Safety Committee regarding advice on signage placement. The memo indicated that the Highway Safety Committee was looking for action fr= om the Selectmen regarding: 1) four-way stop sign at = Fox Avenue and Therriault Drive, and 2) a directi= onal sign to schools in the Town Common (Old Bridge Street North and possibly Main Street). Upon approval from the Selectmen,= the Highway Superintendent will proceed with implementation. Mr. Lynde concurred with the need= for a sign but suggested it include information regarding the location of the To= wn Hall, Police, Library etc. He further suggested that a sign company provide concepts for a sign. Mr. Danevich said the Selectmen m= ay be able to provide a conditional approval pending review of a sign. Mr. Bergeron agreed.

MOTION:=

(Domenico/Lynde) To approve the request of the High= way Safety Committee, contingent upon Board of Selectmen review of the direc= tional sign to schools in the Town Common area.

= ;

VOTE:

(5-0-0) The motion carr= ied.

Ms. Gallant was asked t= o inform the Highway Safety Committee regarding the Selectmen’s action.

Warrant Article Review

The Selectmen reviewed the proposed 2007 Warrant Arti= cles as follows (note: for purposes of the meeting minutes the articles are summar= ized):

FA – Enter into a 5-year lease agreement for $345,000 fo= r a Fire Truck Pumper – estimated rate at 6%.

= ;

MOTION:

(Gleason/Lynde) To add Article FA to the ballot.

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

FB – tbd amount for a Central Fire Station on the Mills Property off Marsh Road; there was concurrence to word the article reflecting a 15-year bond. The vote was deferred until a not= to exceed amount is provided.

FC – To raise and appropriate $139,477 to hire and equip= four new Firefighter/EMT positions.

= ;

MOTION:

(Lynde/Domenico) To add Article FC to the ballot. <= /p>

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

FD – To raise and appropriate $57,770 to fund and equip a Full-time Deputy Fire Chief.

= ;

MOTION:

(Gleason/Domenico) To add Article FD to the ballot.=

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

FP-B – To raise and appropriate $20,000 for Police, Fire= and Emergency Management to participate in applying for grants. Mr. Domenico proposed presenting = this during reconsideration with the Budget Committee to add it as a line item = in the Emergency Management Section. Mr. Gleason agreed. He believed the savings from fuel would off set this amount. Mr. Bergeron felt the item would = be better if kept separate from the budget in a warrant article. Mr. Lynde felt it should be inclu= ded in the budget because it would be a yearly expense. Mr. Danevich supported moving the= amount into the Emergency Management budget.&nbs= p; By consensus (4-1) this item was recommended to be moved into the Emergency Management budget.

<= /o:p>

H-A – = To establish a Capital Reserve Fund for a Highway Garage and raise and approp= riate $225,000. It was understood = that the need was there; however at this time there was a consensus to defer.

H-B – = To raise and appropriate $252,000 (estimated number until state provides actu= al) for repair, maintenance and upgrading Town roads, to be offset by the State Highway Grant.

= ;

MOTION:

(Lynde/Domenico) To add Article H-B to the ballot. =

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

H-C – To raise and appropriate $35,000 into the Willow S= treet Capital Reserve Fund.

= ;

MOTION:

(Gleason/Lynde) To add Article H-C to the ballot. <= /p>

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

H-D – = To enter into a XX year lease agreement for $120,000 to lease/purchase a High= way Plow Truck with Dump Body and to raise and appropriate XXX for the first year’s payment. There = was a brief discussion regarding the item and a decision (3-2) to defer this item until next year.

H-E – = To raise and appropriate $57,000 to purchase a 90hp tractor with parallel arm rotary cutter. There was a consensus (4-1)to defer this item.

PL-A – To accept Class V roads.

PL-C thru G – Zoning questions.

P-A – = To raise and appropriate $45,651 to hire and equip one new Police Officer (fr= om June to December, 2007).

= ;

MOTION:=

(Domenico/Gleason) To add Article P-A to the ballot= .

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

R-A – = To raise and appropriate $172,367 to remove and replace the current bathrooms= and guard shack at Pelham Veteran’s Memorial Park. This was revised to raise and appropriate $40,000 for refurbishment of the current bathroom facility at Pelham Veteran’s Memorial Park.

= ;

MOTION:

(Domenico/Gleason) To add Article R-A to the ballot= .

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

R-D – = To raise and appropriate the sum of XXX to create a second egress Muldoon Park ball fields. This item was deferred until firm numbers were received.

R-E – = To discontinue the E.G. Raymond Park Capital Reserve Fund and transfer the funds/interest into the General Fund.

= ;

MOTION:

(Domenico/Bergeron) To add Article R-E to the ballo= t.

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

R-F – = To raise and appropriate $195,000 to construct two soccer fields at Raymond P= ark and correct drainage issues.

= ;

MOTION:

(Domenico/Lynde) To add Article R-F to the ballot. =

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

S-A – = To establish a Capital Reserve Fund to enable safety measures to protect agai= nst pandemics and outbreaks such as West Nile Virus and EEE and appoint the Selectmen as agents to expend and raise and appropriate $40,000.

= ;

MOTION:

(Gleason/Domenico) To add Article S-A to the ballot= .

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

S-B – = To raise and appropriate $250,000 to correct code issues with electrical and sprinkler systems in Sherburne Hall and install heating, ventilation and a= ir conditioning. The Selectmen requested further backup and expressed a desire to reduce the number and w= ould ‘firm’ the number dur= ing reconsideration.

= ;

MOTION:

(Domenico/Gleason) To add Article S-B to the ballot= .

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

S-C – Support Staff Contract / S-D – Police Union Contract <= /span>/ S-E – Fire Contract

S-G – To hear the reports of auditors.

= ;

MOTION:

(Lynde/Gleason) To add Article S-G to the ballot. <= /p>

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

S-H – To dedicate Tax Map 33 Lot 1-159 as Town owned conservation land.

= ;

MOTION:

(Lynde/Gleason) To add Article S-H to the ballot. <= /p>

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

S-I – Operating Budget - $9,897,172.

= ;

MOTION:

(Gleason/Lynde) To add Article S-I to the ballot. <= /p>

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

S-J – = To raise and appropriate $175,000 to be placed in the compensated absence fund. The balance is current= ly XXX. Total current liability is $643,398. Backup data will be provided; the Selectmen will revisit the item d= uring reconsideration.

= ;

MOTION:

(Gleason/Lynde) To add Article S-J to the ballot. <= /p>

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

Forest Management Fund – Information was submitted by Deb Wate= rs. This item was deferred to the next Selectmen meeting.

TOWN ADMINISTRATOR REPORT/SELECTMEN REPORTS

<= /o:p>

Ms. Gallant provided the Selectmen with the important= dates of the official Town Meeting. She noted that the School Deliberative Session would be held February 7, 2007. She noted at the first of the yea= r she would provide the financial expenditures.=

Mr. Domenico, Mr. Berge= ron, Mr. Gleason and Mr. Lynde didn’t have a report.

Mr. Gleason said a letter had been received from Poli= ce Chief Evan Haglund, representing the union, requesting that the Selectmen clarify what was going on with the employees being allowed to join New Hampshire r= etirement. There is concern by some of the T= own employees that there is legislation pending in January that eliminates the payback provision that allows them to buy back time. There was further discussion and = noted that a timetable to resolve would be forthcoming.

REQUEST FOR NON-PUBLIC = SESSION

MOTION:

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

= ;

ROLL CALL:=

Mr. Danevich-Yes; Mr. Gleason-Yes; Mr. Lynde-Yes; M= r. Bergeron-Yes; Mr. Domenico – Yes

Mr. Danevich noted that when the Board returned, afte= r the non-public session, the Board would not take any other action publicly, ex= cept to possibly seal the minutes of the non-public session and to adjourn the meeting. The Board entered i= nto a non-public session at approximately 9:00pm.

The Board returned to p= ublic session at approximately 9= :15 pm.

= ;

MOTION:

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

= ;

VOTE:<= /p>

(5-0-0) The motion carried.

ADJOURNMENT

MOTION:=

(Bergeron/Gleason) To adjourn the meeting.

= ;

VOTE:

(5-0-0) The motion carr= ied.

The meeting was adjourned at approximately 9:15 pm.

   &nb= sp;            = ;            &= nbsp;           &nb= sp;            = ;                   =             &n= bsp;           Re= spectfully submitted,

           = ;            &= nbsp;           &nb= sp;            = ;            &= nbsp;           &nb= sp;            = ;           Chari= ty A. L. Willis

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