BOS Minutes 06-22-2004

APPROVED

TOWN OF PELHAM

BOARD OF SE= LECTMEN MEETING

MINUTES

June 22, 2004

APPROVED – June 29, 2004

CALL TO ORDER

PLEDGE OF ALLEGIANCE

PRESENT:

Mr. William McDevitt, Mr. Victor Danevich, Mr. Harold Lynde (arrived shortly after the meeting commenced), Mr. Jean-Guy Bergero= n, Mr. Richard Derby, Mr. Tom Gaydos, Town Administrator

Also present:

ABSENT:

Members of the press and general public.

None

&nbs= p;

The Chairman, William McDevitt, opened the meeting at approximately 6:30 pm.

MINUTES RE= VIEW

June 8, 2004

MOTION:<= o:p>

(Danevich/Derby) To approve the June 8, 2004 meeting minutes= as amended.

=

VOTE:

(3-0-1) The motion carri= ed. Mr. McDevitt abstained.

The amendments to the minutes were as follows: page 5 – under the heading ‘Review of Budgets Year-to-date’ R= 11; Raymond Park shall be replaced with ‘Pelham Veteran’s Memorial Park; page 5 – the sentence reading ‘He said the Fire Department had a lot of injuries, which…’ shall have the following words a= dded ‘He said the Fire Department had a lot of injuries, which were causing overtime expenses’.=

June 15, 2004<= /p>

MOTION:<= o:p>

(Danevich/Derby) To approve the June 15, 2004 meeting minut= es as amended.

=

VOTE:

(4-0-0) The motion carri= ed.

The amendment to the minutes was as follows: page 8, 2= ^nd paragraph – the sentence reading ‘He questioned what would be d= one with the additional money.’ shall be amended to read ‘He questi= oned what would be done in the event of a deficit.’

Mr. Lynde arrived.

APPOINTMEN= TS

Interview = for Conservation Commission Position

Mr. Paul Dadak, 103 Sherburne Road, met with Selectmen to discuss = his application for appointment to the Conservation Commission. He informed that he had been invol= ved with the Conservation Commission in the 1980’s, but due to his employ= ment was unable to continue. At th= is point, he has the time and would like to rejoin the Conservation Commission. He noted that he = had over thirty years experience as an environmental engineer.

There was a brief discussion regarding the available term.

MOTION:<= o:p>

(Derby/Lynde) To appoint Mr. Paul Dadak as a member = of the Conservation Commission with a term effective as of April 1, 2004 and expiring April 1, 2007.<= /o:p>

VOTE:

(5-0-0) The motion carri= ed.

OPEN FORUM=

Mr. Tim Fraize, Noella Avenue, asked the Selectmen for an update on t= he progress/completion of Hon= ey Lane. He said on September 23, 2003 TFMo= ran was asked to evaluate Honey Lane and make recommendations to the Planning Board; such recommendations were made to the Planning Board on October 6, 2003 and the Planning B= oard voted unanimously to accept the changes with the stipulation that the work = was done before winter. Mr. Fraiz= e said the work was not done before winter and went on to discuss the fact that bi= ds were not put out in the winter. He said he called the Town in February, 2004 and was told that things had chan= ged; Mr. Mahoney (the developer) wanted to take care of the situation himself. He wanted to know how many times t= he Board was going to ‘draw the line’ and continue to allow the gentleman to step over it.

Mr. Gaydos said Mr. Mahoney and the Town had been work= ing together for some time. He sa= id this was not a tremendously large job and noted that the Planning Board accepted the plan in mid October, and there was a rule that paving could no= t be done after November 1^st. He said the first thing they did was discuss the list of items with = Mr. Mahoney. Bidders were sought,= but had a hard time finding bidders because they walked off saying they would do the job, but didn’t want to be harassed when working (it was unknown = who was harassing). He said two p= eople were reviewing the job and were in the process of finding out when they wou= ld be available (Mr. Mahoney verbally said he was in favor of what has to be done). He was confident that = the work would be done before the end of the year.

Mr. Fraize said he had heard that the work would be do= ne for three years and didn’t see the reason it has taken so long. He could not speak to the harassme= nt and said he had never been anything but cordial.

Mr. McDevitt said it had been a long time and Mr. Frai= ze had the right to be unhappy. He discussed the negotiation process, which happens over a period of time. He said at times government moved = slowly and told Mr. Fraize the Town wanted it fixed also.

Mr. Lynde agreed that it had taken too long to get to = this point. He questioned if the w= ork could be done by the Highway Department (cost it out) if there continued to= be problems getting contractors. He felt this project was a priority to get done before winter.

Mr. Bergeron suggested contacting the parties to see i= f they were still interested in the work.

Mr. McDevitt said he would work with Mr. Gaydos and re= port back to the Selectmen in three weeks.

Mr. Fraize asked at what point the bond money would be pulled. Mr. Danevich noted th= at the Planning Board, on two separate instances made a motion to revoke the bond;= the process was started and both times Mr. Mahoney stepped up and did some of t= he work. Mr. McDevitt said= if they had to take the bond they would. Mr. Danevich said he would help find out the amount of the bond.

APPOINTMEN= TS CON’T…

Bergeron A= uto Recycling/Junkyard License Renewal

Mr. Bergeron recused himself.

Mr. McDevitt provided a brief history, and reviewed the background. He said the Selec= tmen had discussed the Bergeron license on April 6, 2004 and went on to review the minutes from= the meeting. The Selectmen at tha= t time granted a 90-day license from April 1, 2004 to July 1, 2004 to Jean-Guy’s Used Cars and Parts, Inc., which wo= uld allow the Town time to find out the status with the Department of Environme= ntal Services (‘DES’) regarding the site. Mr. McDevitt reviewed the TownR= 17;s health ordinance and the actions that the Selectmen could take if the junky= ard either met the conditions, or did not met the conditions at the end of the = 90-day period. He then reviewed a po= rtion of RSA 236-121 (grant or denial of an application). He said a letter had been faxed fr= om the DES (addressed to Mr. Gaydos) regarding Jean-Guy’s Used Cars and Parts/180 Marsh Road from George Lombardo Administrator, Remediation and Compliance Bureau. The letter was in response to a te= lephone communication by Mr. Gaydos on June 17, 2004 in which the DES was requested to issue a letter expla= ining the status of the remediation project at 180 Marsh Road; Mr. McDevitt read a portion of the letter aloud. = The letter indicated that Mr. Bergeron had completed several of the corrective action requirements and had cooperated with the DES by allowing access of t= heir contractors to perform all required work that he had not completed himself.= The project is currently in the re= medial monitoring phase in which ground water quality is being sampled tri-annuall= y; the next ground water monitoring event will be completed this month.

PUBLIC INPUT

Ray Belleville, 176 Marsh Road, said he had appeared before the Selectmen opposing Mr. Bergeron’s license several times in the past a= nd was doing so again this evening. He didn’t feel that Mr. Bergeron had demonstrated any responsibility, or accountability for his actions. He said the recent reading on one of the bedrock monitoring wells showed 7128 parts of MtBE on Mr. Bergeron’s property, which was 538 times over th= e 13 parts permitted by the state. Mr. Belleville felt the Selectmen should refuse a permanent license.

Mr. McDevitt said the Selectmen could take several actions. Under the Health Regulations a public hearing (period of public comment) could be held, the license could be granted, or denied, or the Selectmen could grant an additi= onal 90-day extension.

Mr. Paul A. Bergeron, 173 Marsh Road said Mr. Belleville = had tried to put Mr. Bergeron out of business even before MtBE. Mr. McDevitt said that comments ma= de should be in connection with the application. Mr. P.A. Bergeron asked that Mr. Belleville show the paper that indicates the MtBE level at 7000. He noted that MtBE would be out in 2007. He said the government didn’t warn people about MtBE. He noted that the contamination levels had shifted. Mr. P.A. Bergeron mentioned that f= orty tons of fill that was contaminated had been taken out, the level was low; f= orty tons were brought in to replace what was taken out and the levels were up a= fter it was dumped. He didn’= t feel that Mr. Jean-Guy Bergeron was the contaminate. He said he hoped the Selectmen didn’t make the mistake of putting someone out of business that didn’t deserve it.

Mr. James Russell, 174 Marsh Road said in 2002 he received a report a= bout gasoline tanks that were stacked on Mr. Bergeron’s property. He mentioned it to a person that w= as testing his water and that person told him that from the time the tanks were discovered and three months thereafter the monitoring well levels had come = out higher. He said the 7184 that= was found four months ago was found thirty feet away from the old monitoring well. He didn’t oppose a temporary or permanent license but felt the Town should look out more becau= se he would like his property to be non-contaminated in the future.

Mr. Jean-Guy Bergeron said every year since 1969 he ha= d to fill out an application; usually a renewal did not require a public hearing, per the RSAs but the Town had come up with a recyclers application a few ye= ars ago that he complied with. He= said he had complied with the request from the Selectmen in the past, the present and would continue in the future. He requested a permanent license.&n= bsp;

Mr. Belleville believed that the 7128 parts of MtBE wa= s the ‘tip of the iceburg’ and said that a jury had found Mr. Bergeron guilty of negligence and nucience, which he felt should enter into the judgement.

Mr. Lynde reviewed the letter from DES, which stated t= hat Mr. Bergeron was cooperating, corrective action was going on and there were= no big problems. The highest rea= ding listed was 72 micrograms per liter, with a recommended limit of 13. He said if the statement of 7000 p= arts was correct he didn’t understand why it wasn’t in the DES correspondence. Mr. McDevitt = believed the attached material was Mr. Bergeron’s and had been provided for information. Mr. Lynde said it seemed that if a reading that high occurred, there would be some follow up = with DES. Mr. Gaydos said two week= s ago there was a letter written by the state to local residents and was surprised that the high reading was not mentioned in that letter as well.

Mr. McDevitt reviewed portions of a letter sent to som= e of the residents on Marsh Roa= d dated March 4, 20= 04. The letter provided a background a= nd current status of the wells in the area; it noted that MtBE concentrations = had significantly decreased since remedial activities were conducted at the aut= o dismantling facility in October 2002 and the plume of ground water with MtBE above the drinking water standard had decreased in size. DES will continue monitoring MtBE concentrations in thirty-o= ne Marsh Road area water supply wells on a tri-annual b= asis. Mr. McDevitt said if there was con= trary information that the public had, they should let the Selectmen know about it. He said the Selectmen were relying on almost exclusively was the state’s view and their testing = of compliance.

Mr. Danevich said applicants had the right to reapply = every year. He said if the TownR= 17;s ordinance was followed there was a limitation to a 90-day permit (not 30- or 60-day). He wanted additional= time to review the information and suggested that an agenda item be added for July 13, 2004 (= which would require a 90-day extension) since he didn’t feel there would be a resolution by the next meeting. Mr. Danevich believed there were three options: 1) deny the application providi= ng clear documentation to Mr. Bergeron; 2) approve the application proving and explanation to the residents given the evidence presented; 3) possibly gran= t license with restrictions on certain activities if allowed per regulations. Mr. Gaydos believed the junkyard l= icense was separate from an issue about contamination, but said the word ‘nu= sence’ may apply. He reviewed the wo= rding of the Town’s regulation in connection with the 90-day license. He understood that the Selectmen w= ere seeking documentation that all the state’s requirements were being complied with, which was the letter that was received.

Mr. McDevitt said historically the Selectmen deferred = to the DES because they were in no position to impose constraints above and beyond what had already been imposed.

Mr. Lynde believed that the Town’s inspectors re= viewed the property for compliance, which included compliance with handling and storage of contaminants. He s= aid if there was a reading of 7000 parts it would imply there was a large spill of gasoline that had occurred; the Selectmen had nothing to corroborate that f= rom the state. Mr. Lynde said Tow= n inspectors had provided reports in April that the junkyard was in compliance.

Mr. McDevitt believed the Selectmen should take action= and suggested that an agenda item be scheduled for the next meeting for final action. He believed the DES h= ad already imposed considerable constraints on the handling of gasoline and fe= lt it was fair to find out if Mr. Bergeron was still in compliance.

Mr. Derby noted that the DES would be testing within t= he next month. He said the Fire Department had suggested how to store the gasoline so there was no spillage= and noted that they could check it out without announcing they were coming.

Mr. McDevitt said he read about the lawsuit and unders= tood that it was under appeal, which the Board could use the information as they= saw fit. He noted that MtBE was a= legal substance in the state of New Hampshire and approved by the Federal Government.= He said the Board didn’t take lightly taking someone’s livelihood away, or the fact that residents = had wells with MtBE. He said it w= as a difficult decision and would schedule a final decision for the next meeting= .

Mr. Bergeron returned to the Board.

OTHER BUSI= NESS

Land Donat= ions Accepted at Town Meeting – Status

Mr. Gaydos said there were several pieces of property donated and accepted at Town Meeting. He said the property owners had been asked to prepare a deed, which = had been received and were being reviewed by the Town’s attorney for their accuracy. Once review is comp= lete the property owners will sign the deeds and forward them to the Selectmen.<= span style=3D'mso-spacerun:yes'> The Selectmen agreed that no furth= er action was necessary.

Property Revaluation R.F.P.

It was noted that the Selectmen proposed to the voters= in March that the Town begin the property revaluation process since the state = would require completion by 2006; the voters turned it down. Mr. Gaydos believed the first plac= e to start would be to put out a Request for Proposal (‘RFP’). He said he would like to have an R= FP from the Town before the Selectmen for review and perhaps within a week or = two advertise. The idea would be = to advertise and make an arrangement with a company to start at a date when the Town had funding. Mr. Gaydos = noted that the previous estimate of $535,000 included some costs over and above w= hat would be included in a bid. He discussed the items that would be included in the RFP and believed that the bids would be less than the previous estimate.

Mr. Bergeron discussed the years in which revaluations= were done in the past. He asked if= there would be a warrant article again. Mr. McDevitt said it had not yet been decided. Mr. Gaydos said the revaluation wo= uld be contained in the proposed budget. It was noted that utilities would be done simultaneously, but not in= the RFP. There was a brief discus= sion regarding the problems with the previous revaluation and how to avoid the s= ame problems this time around.

There was no objection by the Selectmen to have Mr. Ga= ydos draft an RFP for Selectmen comment/review.=

Vote on Hinds Lane = Purchase (Map 26 & 27, Lot 2-79)

Mr. McDevitt said the Selectmen didn’t have the information and would schedule an agenda item for the next meeting. A site = walk will be scheduled as a meeting since there may be a quorum; no action or vo= te will be taken at that time. T= he site walk will be scheduled for Saturday (June 26, 2004) at 7am. <= /p>

Tax Taking= Action (Map 04, Lot 009-145)=

Mr. McDevitt said the Planning Director Will D’A= ndrea was asked what was on the Wind= ham side of the parcel. After investigation, there was a small parcel in Windham that also didn’t have access. There was no objectio= n by the Selectmen to take the parcel.

MOTION:<= o:p>

(Danevich/Lynde) To take for non-payment of taxes Ma= p 4 Lot 9-145.

VOTE:

(5-0-0) The motion carri= ed.

Possible L= ocations for Citizen Corps. Program

Mr. McDevitt said the Selectmen discussed with Firefig= hter/Prevention Officer Richard Hanegan about seeking locations for the Citizen Corps. Prog= ram that the Fire Department was working with state and federal officials on. He said that he asked the Fire Chi= ef how long the facility would be needed and the answer was possibly a long time.<= span style=3D'mso-spacerun:yes'> Firefighter Richard Hanegan inform= ed the Selectmen that the federal government had just begun the program and it wou= ld go as long as they had the program.

Mr. Bergeron said he reviewed possible space with hand= icap accessibility, such as the six classrooms in the Municipal Building<= /st1:PlaceType> and the additional space at the Police Station. He felt the Selectmen should revie= w such empty spaces and/or land in the Town as to what potential uses it could have.

Mr. Lynde said the old Town Hall came to mind, althoug= h it had some constraints. He also suggested that Mr. Jim Greenwood be asked what it would take to move the ca= ble studio. He believed there sho= uld be an assessment as to what residual space there would be.

Mr. Danevich believed there were five public spaces available: 1) Police expansion space (which had not been explicitly assigne= d to the police); 2) six classrooms in Municipal Building; 3) upstairs in the To= wn Hall Annex; 4) old Town Hall (since the VFW had not moved forward with the process of moving in); 5) Fire Station where the police vacated (which may not be available because of the expansion and command center). He believed that the second floor of the Annex may be a temporary/interim solution, however it didn’t meet the ADA requirements. He noted that the cable studio bei= ng relocated may create more space. Mr. Danevich said he would recommend the second floor at the Annex.<= span style=3D'mso-spacerun:yes'>

Mr. Derby said another consideration is sprinkling (fi= re prevention) inside the buildings for public meetings.

Mr. Bergeron discussed the Annex and what space would = be available for use.

Mr. McDevitt commented on the old Town Hall. He said the voters directed the Selectmen to turn the old Town Hall over to the VFW, which could be done, however, the VFW still had to go to the Board of Adjustment to seek a Speci= al Exception and possibly the Planning Board because of a change-of-use. He asked Firefighter Hanegan if he= could use the Annex and if he was required to be handicap accessible. Firefighter Hanegan said one of the first things the Citizen Corps would do was to offer weekly first aid and C= PR classes, with that there would be fifteen to thirty cars needing space. He said there was the option to go somewhere else for training. = He appreciated the offer of the building, but noted if the counsel took off it would be difficult to function going to more than one location. He also pointed out that a large e= nough space would be needed for CERT (and other programs) that would be using the facility in the event of an incident.

Mr. Danevich asked if the decision was made to move fo= rward with a central fire station if the facility would be inclusive. Firefighter Hanegan said that woul= d be a decision the Fire Chief would need to make; he had not discussed the possibility with the Fire Chief. Mr. Danevich asked how control would be maintained having three comm= and centers (Police Station, Fire Station, CERT). Firefighter Hanegan said at this t= ime the CERT team (thirty people) could not appear at the fire station at this = time because there weren’t enough vehicles to put them in. A centrally located facility was n= eeded so that when a command decision was made they could get the people out of t= he location. He said the facility would not only be used for a response team, but also for the community. He informed that the facility/prog= ram would be run through grant monies. <= /span>He discussed the fire prevention programs and said if they were added, the Town could receive additional funding.

Mr. Gaydos said it might make it easier to determine a facility if the size requirements were reported to the Selectmen. A diagram showing the square foota= ge needed as well as parking requirements may help determine a location. Mr. Gaydos asked if there were any= time constraints. Firefighter Hane= gan said they had been doing the CERT classes at Chunky’s Cinema. He discussed the need to safety st= ore the equipment that would be obtained for such programs. He discussed the locations being reviewed and said he would accept whatever space was available. Mr. McDevitt asked if it would be acceptable to use the old Town Hall building until the period of time that = the VFW took it over. Firefighter Hanegan said he would work on getting grant funds for the maintenance of the building and for beginning the classes.&nb= sp; Mr. McDevitt asked if the VFW monthly meetings would prevent the use= of the building. Firefighter Han= egan didn’t feel there would be a problem. He mentioned that the costs for maintenance would not be as high as when the Town occupied the building.

Mr. Derby asked if the building at Raymond Park was available. Mr. McDevitt belie= ved that the building had regular use by the Boy Scouts. He asked Mr. Gaydos to ask the Park & Recreation Director about the building’s use. Firefighter Hanegan said they woul= d need something more centrally located. Mr. McDevitt said he would find out the VFW’s intentions regar= ding the old Town Hall building. M= r. Bergeron said if that wasn’t successful, the additional room in the <= st1:place w:st=3D"on">Municipal Building should be reviewed. Mr. McDevitt asked Mr. Gaydos to f= ind out from Building Inspector Roland Soucy what it would take to bring the sp= ace in the Municipal Building up to code. Mr. Gaydos suggested that the space requirements be provided to the Selectmen.= Mr. McDevitt asked Firefighter Hanegan to provide, by Friday, a summ= ary of what the preferred space would be.

Engineerin= g work at Raymond Park

Mr. McDevitt said the Selectmen were awaiting a propos= al from CMA Engineers for the engineering work at Raymond Park. He said a letter dated June 16, 2004 h= ad come in from CMA Engineers reviewing what work they would perform.

Mr. Lynde questioned if some of the information was al= ready known, such as a site permit. Mr. Gaydos said there was a site specific permit that was specifically for the wetlands application. There w= ere no other permits, other than one for a culvert replacement. Mr. Gaydos said they were trying to determine if all the permits necessary at the park had been applied for, if there was an additional permit needed, and if the Town was in compliance wi= th those permits received. He recommended proceeding with the knowledge that there was a strong and accur= ate base. Mr. Lynde confirmed tha= t the proposal from CMA would find out the status of the permits and what further permits were needed. Mr. McDe= vitt answered yes.

Mr. McDevitt went on record as saying the Selectmen ha= d not attempted to pin blame or go on a ‘witch hunt’ to find people w= ho didn’t do something. He= said the Selectmen wanted to make sure, having had the discovery of the tire dum= p, that ‘all ducks are in a row’.=

MOTION:<= o:p>

(Danevich/Derby) To authorize the Chairman to sign t= he proposal submitted by CMA Engineers dated June 16, 2004.

VOTE:

(5-0-0) The motion carri= ed.

Transfer S= tation Closure – J= uly 3, 2004

Mr. McDevitt informed that many regular staff members = had already made plans for the weekend of July 3, 2004. Transfer Station Superintendant Bruce Mason strongly recommended that the Transfer Station close on July 3, 2004 rather than having the part-time labor run the facility.

Impact fee= report

Mr. Bergeron requested that the Selectmen be provided = with a report on the impact fees being collected.= Mr. Danevich believed that the amounts were included in the revenue report. Mr. Lynde believed the Selectmen should review a monthy revenue report. He believed that the Treasurer had= put together a report of all the funds she had control over, including the impa= ct fees and felt it would be good if the report was updated. Mr. Gaydos will ask the Treasurer = to update the report.

Raymond Pa= rk correspondence

Mr. Gaydos recommended to the Selectmen that a letter = be sent to the state indicating that CMA Engineers had been hired and that CMA Engineers receive all correspondence in connection with Raymond Park, which would help set up a central file. The Selectmen did not object. Mr. Lynde said he may have a suggestion to be included in the letter.

TOWN ADMINISTRATOR’S REPORT / SELECTMEN’S REPORTS=

Mr. Gaydos said a person had requested the use of the = Municipal Building parking lot; they would h= ave cars park and use a shuttle bus to their home. He advised that the Police and Fire Chiefs be informed so that there would be a designated parking area. Mr. Danevich said the resident was having a wedding and it would be a one-time event; he noted that the Town center had been used and the current request was not in consistant to past policy. The Selectmen did not object to the use of the parking lot. Mr. Gaydos addressed the flashing light at the corner of Tallant and Mammoth Roads. When the state agency started coordinating with the Bureau of Bridges it was found that if= the pole was placed in the right-of-way a guide wire would fall outside of it.<= span style=3D'mso-spacerun:yes'> The dilemma at this point was gett= ing an easement to place the guide wire. Apparently the state asked a land owner for an easement and the land owner answered no. Mr. Gaydos said the Budget Committee had met and was asked whether the Town should spend an additional $60,000 (which would have been reimbursed by a state grant) to complete the final design on the Castle= Hill Road bridge.&= nbsp; The Budget Committee voted unanimously (with one abstention) to not pursue any further work on the bridge.&nbs= p; Mr. Derby said the suggestion from the Budget Committee was to make = the road Class VI and place jersey barriers on the Pelham side. Mr. McDevitt was disappointed in t= he decision. He urged the Board = to consider either going back to the voters, or to close the bridge. Mr. Derby said he spoke to a perso= n on the Safety Committee who didn’t feel there would be any problems with Police or Fire access to Pelham or Windham if the bridge was closed. The= re was further discussion. Mr. McDev= itt said the Selectmen would need to have a discussion when reviewing warrant articles.

Mr. Bergeron announced that Thursday, June 24, 2004 the Merrimack = Valley Regional Water District would hold their first meeting. He said that he and Fire Chief E. = David Fisher would be in attendance. He said that the NRPC held a meeting, which the Town’s Commissioners attended. Mr. Bergeron ended = by informing that the Seniors would host their Strawberry Festival from 10am to 2pm.

Mr. Derby had no report.

Mr. Danevich informed that the Planning Board had met.= He discussed the items that were reviewed and noted one applicant came before the Planning Board due to a co= de enforcement issue. He then pr= ovided the Selectmen with information in connection with skateboarding and prohibi= tive ordinances.

Mr. Lynde said the Park & Recreation Advisory Comm= ittee met and believed they would be off for the summer. He questioned if the Budget Commit= tee discussed the backhoe issue. = Mr. Gaydos said the Budget Committee was not asked for approval, but commented = that they did not feel it would be appropriate since the Townspeople specifically voted down the warrant article. They had no problem renting. Mr. McDevitt said the Selectmen would discuss the issue at the next meeting to make a decision.

Mr. McDevitt said that the Transfer Station would be c= losed on July 3, 2004. He said the Transfer Station had conducted sticker inspections June 19, 2004, and as of 2pm had no out-of-Town violations. He informed that the Independence Day Celebration would be held at Pelham Elementary School beginnung at 4:15pm and end with fireworks at appro= ximately 9:30pm. He noted that the Pelham Community Theatre would hold performances of Death By Chocolate on Friday, Saturday a= nd Sunday. Tickets are available= at the Senior Center. He ended by informing that he and = Mr. Gaydos met with Mr. Donald Pruelle of Pennichuck. The meeting was informative and it= was clear that many towns joined the water district for defensive purposes. He asked if Pelham could be contac= ted regarding possible water line expansions on Route 38 and some areas of conc= ern with MtBE; Mr. Pruelle suggested that the Town contact Pennicuck’s engineer.

REQUEST FOR NON-PUBLIC SESSION

MOTION:=

(Danevich/Lynde) Request for a non-public session pe= r RSA 91-A:3,II,a (Personnel)

ROLL CALL:<= /b>

Mr. McDevitt-Yes; Mr. Danevich-Yes; Mr. Lynde-Yes; M= r. Bergeron-Yes; Mr. Derby-Yes

Mr. McDevitt noted that when the Board returned, after= the non-public session, the Board would not take any other action publicly, exc= ept to seal the minutes of the non-public session and to adjourn the meeting. The Board entered into a non-public session at approximately 8:= 50 pm. Also present was Mr. Gaydos.

The Board returned to public session at approximately = 9:40 pm.

MOTION:=

(Bergeron/Derby) To seal the minutes of the non-publ= ic session indefinitely.

VOTE:

(5-0-0) The motion carried.

ADJOURNMEN= T

MOTION:<= o:p>

(Bergeron/Derby) To adjourn the meeting.

VOTE:

(5-0-0) The motion carri= ed.

The meeting was adjourned at approximately 9:40 pm.

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; Respe= ctfully submitted,

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &= nbsp; Charity A. L. Willis

&nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; Recor= ding Secretary