April 20, 2010 Minutes

These minutes were posted by the Selectmen.

TOWN OF PITTSFIELD
BOARD OF SELECTMAN
TOWN HALL, 85 MAIN STREET
PITTSFIELD, NH 03263
_____________________________________________________________

MEETING MINUTES OF TUESDAY, APRIL 20, 2010

CALL TO ORDER

Call to order at 6:00 P.M., by Denise Morin, Chairman.

MEMBERS PRESENT

Denise Morin (DM), Chairman, Ed Vien (EV), Vice-Chairman, Fred Hast (FH), Eric Nilsson, (EN), Don Chase, (DC), Paul Skowron (PS), Town Administrator, and Delores Fritz, Recording Secretary.

MEMBERS ABSENT

None.

PUBLIC INPUT

None.

AGENDA REVIEW

(PS) FMLA – Non-Public, Jesse Pacheco-Concerns, Letter from Clayton Wood; (EV) EDC; (DC) Construction on Leavitt Road and Route 28.

NEW BUSINESS
ACTION ITEMS

1. Request for Training/John Kidder

(PS) This is a request by E-Mail sent asking your opinion in regard to attending training session at Southern New Hampshire University. The training session costs a fair amount of money and I would like some direction from the Board for future requests for incurring these kinds of expenses. Does the Board wish to approve these on an individual basis in the future? (FH) This class that he wanted to attend has already passed. (PS) Does the Board prefer to have each request come before the Board for action? (FH) I think we could put this on a “back burner” for now and see what happens. I can understand requests for minor amounts such as those training sessions as done by the LGC, but this is for a large amount of money. (DM) I would like to see any requests such as these for approval.

PUBLIC HEARING

6:05 P.M. Application for Motor Vehicle Junk Dealers License – James Snedeker

6:06 P.M.: (DM) Before we begin, I would like to set some ground rules regarding public input. Please do not address each other but the Board and respond in a professional and respectful manner. This is open to the public.

(EV) recused himself and was seated in the audience.

Jim Pritchard: I have a question on procedure. Usually the applicant makes a presentation first and then there is public input. Are we doing it differently tonight? (PS) The statute does not require that the applicant make a presentation. Mr. Pritchard: Are you going to split the discussion in pro and con comments? I would like to know who is pro. (DM) No, all may speak at any time.

Carol Richardson: You have only allowed five minutes on the Agenda for this hearing. Does that mean we will only have five minutes to address everything? (DM) No, we will hear all comments.

Eileen Legg: There are other business of this sort in Town, why another one (number four) and what will be the impact upon the community? It was noted by several individuals that there are now two in Town. Ms. Legg: I think we have more than two. What is the positive impact? (DM) We are not here to answer questions on the application, but to hear comments. Ms. Legg: My consensus is that the location devaluates surrounding properties. It devalues our property and our taxes which would have to be made up some way. Will taxes increase? These are questions I have.

Jim Pritchard: I have been watching this for 2 ½ years and have represented the Richardsons for 1 ½ years. The problem is that whatever grandfather rights he had, he does not have it any more. It ended in 2009. He was found to be in violation of non-conforming use. Article 4, Section 3C notes that he needs a variance and he does not have a variance and he has expanded several times next to the Richardsons property. He was to confine the junkyard to 130’ x 90’, which he did not do. Mr. Pritchard noted that he had copies of all the pertinent notices and decisions which he would like to submit to the Board. (Documents were submitted to the Board – Notice of Public Hearing, Notice of Decision, Violation Notice, etc.)

(DC) Under State law, I would like to publicly declare that I know Jim Snedeker and have done business with him in the past and probably will in the future. I have no pecuniary interests. I have the right to recuse myself but I feel I can make a fair and impartial decision unless the Board requests I recuse myself, then I will do so. (Board agreed that it would not be necessary.)

Paul Richardson: My major concern is the gas, oil and other fluids leaking into the ground affecting the drinking water. I have had my water tested and this should be done more often. Mercury and other contaminants can leak into the ground. I was on the Board in 1997 when Roy Richardson applied for his license and the stream behind his house was checked and this Board should make sure that their decision is done right.

Hank Fitzgerald: There is a program the State runs called GreenYard regarding old motor vehicles, junk and parts with strict guidelines which covers oil, gas, antifreeze, battery acids and mercury switches. This should be enforced. They train and do inspections yearly.

Jim Pritchard: Another point is that there was not to be any vehicles in the junkyard. The big problem is the motor vehicles which he says there are not.

Jim Snedeker explained that occasionally he gets behind and cars may stay a day or so behind the fence and then are taken to salvage yard. No vehicles are drained on the property. They do it at the salvage yard. I have paperwork from the State of New Hampshire that answers all those questions. I only take out the batteries which are stored in plastic bins. DES came and took pictures and said everything was fine. Everything is in containers except loose metal.

Carol Richardson: I would like some proof from the DES about this. Looking at the application, there is nothing attached to it. I am confused as to where the junkyard is. There are no survey pins. What prevents him from moving this rectangle? I do not believe that he is fifty (50) feet from the ROW. Also, it was noted in Minutes that his application would be sent to CNHRPC for review but the letter from Paul noted that Board decided not to do this; I do not see that noted in any other Minutes. When did the Board do this?

Diane Richardson: I am the owner of Richardson Junkyard, which is a green junkyard. From now on, I can just let my cars sit there.

Jim Pritchard: Carol Richardson has raised some issues in that the statutes note that permanent markers be in place and that is not noted in the application.

Jim Snedeker: I have been working hard to comply with Town requests. When all this began, the Building Inspector asked for a fence, and I started to put up a fence along the front so that you cannot see what is behind the fence. Now you are complaining because you cannot see what is behind that fence. It is 130’ x 90’ feet and has been there for years.

Paul Metcalf, Sr.: I have one question. I have been told that there is a car crusher on site. Is that correct?

Jim Snedeker: No, there is not. There never has been a car crusher there. One time when I got hurt, as a favor, there was a cherry picker and an 18th wheeler up there removing cars.

Carol Richardson: I have pictures of them doing the work, which I would like to submit to the Board. (Pictures were submitted.)

Dan Schroth: I got here late but I wanted you to know that his business has greatly helped the economy on the hill. The economy is a little better.

Robert Legg: Regarding that cherry picker, that was not on his property. It is not clear if there are two or three lots involved with his name and which property is which. The BOS should check this out.

Jim Pritchard: The property boundaries are not the issue but rather the junkyard boundary lines.

Mrs. Snedeker: First, we never received any notice that we are in violation. This has been a long two year process in going through the Zoning Board meetings several times. My husband has complied with all the Town’s requests as to what they requested for improvements. At one of the Zoning Board meeting, Paul Metcalf requested we clean up the property next to us which is my mother-in-law’s and we have done that. DES has been to the house and given us tips on running the junkyard (recycling) yard. Jim is doing what they suggested. Mr. & Mrs. Richardson as abutters have noted that we have decreased the value of their property, but we have made significant improvements to our property and are not trying to decrease anyone’s property values.

Jim Snedeker: The Richardsons are 800 feet behind my house.

Mrs. Snedeker: We have upgraded our property (pictures submitted). Cars that we collect are daily taken care of in Rochester. When the property was “grandfathered” it was noted that we could use 50% of the property, but we opted to use only 130’ x 90’ for the salvage area.

Close Public Input 6:37 P.M.

(FH) You said that you started to put up a fence? Mr. Snedeker: Yes, the whole front is done and I would like to level out the rest first before completing it. I do not want to spend the money if this is not going to be approved. (FH) How long would it take to complete? What about the DES reports? Mr. Snedeker: Not long. The DES did not give us any written information. He told me that legally he could not do anything until the license was in place. There were no guidelines and he came because someone reported it.

(DC) My question is, “Is there any reason why you didn’t complete the fence and continue up the side? Mrs. Snedeker noted that they had plans to extend it in the future. (DC) So, if the Board grants this license, you would have no problem finishing the fence? Mr. Snedeker: “No.”

(DM) My concern is the location of the rectangle. There are no permanent boundary lines. You should reconsider walking the particular area with the Building Inspector and have permanent markers. We need to know where it is actually going to be located. Also, you should have DES walk the property with you. Mr. Snedeker agreed with these requests. (DM) Do you have any other salvage parts? Mr. Snedeker: There is aluminum, batteries and any other type of metal I can turn into cash. There are tires there in an area about 25 ft. x 15 ft. high. When I get about 100-150 tires, they go to the Pittsfield dump and I have receipts to prove that this is happening. (DM) In your application, it says wrecking. What does that mean? Mr. Snedeker: Stripping of cars. About 98% of it is gone that day or the following day and totally gone within a week. (DM) Are there engines in there? That is my concern as wrecked vehicles leak liquids. Mr. Snedeker: If it is leaking, then I can put down a pad. Mrs. Snedeker: Vehicles that are sitting on the property are not making money.

(DM) Do you have the capacity to contain all the vehicles? Are any vehicles parked outside the fence? Mr. Snedeker: My intention is to level the area where the fence will be so that I can drive in right from the road. I can put 20-30 cars behind the fence if stacked right. Basically, the fence is for the loose metal.
(FH) So occasionally you park some cars there a week or so? Mr. Snedeker explained that he has an old box truck there that he uses for storage of parts.

(DC) I have a question for this Board. Are we going to request Mr. Snedeker to do anything that his permit is contingent upon? What would that be? (DM) We need a little more information regarding the boundary lines and also the DES reports.

(DM) Motion that this Public Hearing be recessed to May 4, 2010 at 6:10 P.M. (EN) Second. Carried 4-0.

(FH) Can you have everything to us by then? Mr. Snedeker felt that he could.

Mr. Pritchard: By saying recess hearing do you mean continue hearing?
(DM) “Yes.”

Pictures provided by Mrs. Snedeker and Mrs. Richardson were returned. Mrs. Richardson will provide Board with duplicates of these pictures.

(DC) I have a question for this Board. By setting standards for Mr. Snedeker are we setting precedent for applications for others? (DM) The only application we have before us is this one.

Public Hearing ended at 6:47 P.M.

(EV) returned and was seated on the Board at 6:48 P.M.

6:10 P.M. Municipal Energy Assistance Program

Mr. Tim McDonald, Clean Air-Cool Planet, Portsmouth, NH.

Mr. McDonald made a presentation to the Board regarding NH Municipal Energy Assistance Program sponsored through the NH Public Utilities Commission and the Greenhouse Gas Emission Reductions Fund which supports municipalities in their efforts to save energy. He briefly covered the program project, goals, and partners, energy roadmap, baseline inventory, building audit and energy advocacy, Town’s contribution and the next steps after program is completed. He related that this would be completed in about thirty days.

Mr. McDonald left at 7:10 P.M.

6:20 P.M. Police Chief Robert Wharem Re: Personnel Matter

(DC) Motion to go into Non-Public Session per RSA 91-A:3II (a). (EN) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 7:12 P.M.

Board returned to Public Session at 7:45 P.M.

(EV) Motion to seal Non-Public Session of April 20, 2010. (DC) Second. Carried 5-0.

Recess from 7:47 P.M. Resumed at 7:52 P.M.

NEW BUSINESS ACTION ITEMS CONTINUED:

8. Highway Safety Grants

Chief Wharem related that he would like to apply for two grants – Pittsfield
Route 4 & 28 Corridor Patrol (reducing speed on Route 28 and various adjacent roads) and the DWI Sobriety Checkpoint Grant.

(DC) Motion to approve application of Pittsfield Route 4 & 28 Corridor Patrol Grant, DWI Sobriety Checkpoint Grant and authorize Chairman to sign both. (FH) Second. Carried 5-0.

11. Construction Leavitt Road & Route 28

(DC) Can Chief Wharem do anything regarding the construction on Leavitt Road and Route 28 as far as safety is concerned? He noted that he was witness to several near accidents at the site just today. Chief Wharem noted that he felt that the issue was that laborers were trying to do two different jobs at the same time. He noted he would discuss with DOT Supervisor.

12. Letter Clayton Wood

(DM) Noting your request for release of finding of Town counsel regarding Article 2 on this year’s ballot, I would refer you to RSA 39:3/d. She related that this should have been on a Warrant rather than on the ballot. “I am not in favor of releasing Town Counsel letter.” (DC) I am in favor of releasing part of her letter which should be public and would put an end to this matter. It should have been on the Town Warrant and not on the ballot. The question is: “What was Town Counsel’s reasoning for allowing it on the ballot in the first place?” (DM) You read the letter? (DC) Yes, and I am asking Board to release the reason she offered for allowing it on the ballot as that is why it was allowed on ballot in the first place.

Clayton Wood: I do not understand why I can’t get this information. (DC) What is contained in the Minutes is not verbatim of what transpired. Here is a transcript of what I said at the meeting. The Minutes reflect what was said in an abbreviated form. Mr. Wood: I wrote to Board to get all this information. I sat in the audience while the Board looked at various paperwork and then decided to table it.
(DM) There was no action taken, just shared information. Mr. Wood: I saw Dave Scanlon’s letter and per your request, I have put my request in writing.

(EV) explained to Mr. Wood that what is in the Minutes is a basic summary of what transpired at meeting. However, Dee did do a verbatim transcript of that section of the Minutes and now Don Chase is offering you a copy of that verbatim transcript. Mr. Wood: I would like to have a copy of that. (Mr. Wood was given a copy of the draft verbatim transcript as prepared by Recording Secretary on April 19th.) (EV) We do have the tapes. Information from Town Counsel we decided to keep privileged as we assure Town Counsel that she can speak freely and I do not like to give out any correspondence between Board and Town Counsel.

2. LGC Job Descriptions

Board members are still in the process of reviewing this and it will be on the Agenda for May 4th.

3. Firefighter/EMS Cross Training

(PS) This is a report that was created a couple years ago (February 2009). Chief Johnson noted that only a few changes have occurred since the completion of this report. One course for career firefighters is no longer required. Department now that three Level II firefighters and two Level I. (EV) noted that there are several points that would be reviewed in collective bargaining.

13. Jesse Pacheco Concerns

(EN) recused himself and was seated in the audience.

Mr. Pacheco related that he had recently submitted a Waiver regarding interest on late taxes. He noted that the Board voted against granting him that Waiver. “I have a problem with someone noting at that time that I had the money, which is not true” and is not something that should have been commented on. The interest was $28.00 and was subsequently paid.

Mr. Pacheco noted that while going through paperwork for tax purposes, he came across Check No. 3274 in the amount of $65.50 dated December 1, 2008. This check was payable to the State for registration purposes and was not cashed until May 8, 2009 which is 159 days after issue. Why was this check not cashed for 159 days and if that happened to my check, is it happening to others as well. How many other checks are involved?

The Town is trying to save money. They have cut back the Building Inspector hours to 10 hours a week and he can’t do this job in ten hours. Board agreed. I am on the Zoning Board and I know there are buildings that are being renovated, or added to without permits. I went to the Building Inspector and talked to him and the Deputy Building Inspector, Eric Nilsson, who is my son-in-law.

I have been in this Town since 1982 and till this time have never, ever paid my taxes late or failed to pay them. I asked for some leniency and you heckled me on that. You wouldn’t waive $28. in interest. The Town is not getting the money for these types of things (presented some pictures) that are being built within the Town. If we are losing out on this one, how many others are we losing out on? I did meet with the Building Inspector and the individual in the pictures only pulled an electrical permit for that part of the project. I believe he did have a permit for the other side of the building. I am a taxpayer and am concerned about this.

(DM) We will look into it and deal with issues like this. The BOS did not cut back the BI hours. This was recommended by Budget Committee and brought up at the Town Meeting and Town voted on that.

(DC) related that he agreed with Mr. Pacheco and there are several things not taken into consideration namely buildings that were there previously and new codes for projects under 150 sq. feet, which still require a Building Permit though no funds are required.

Mr. Pacheco noted that this is the only thing I’ve seen going on in Town but what else is happening when the Building Inspector is not around.

(EN) returned and was seated on the Board.

10. Hank Fitzgerald Resignation

Hank Fitzgerald: This Board was given a letter two weeks ago addressed to the Planning Board regarding my resignation from all activities. It should have gone to the Planning Board first, but did not. I am retracting my resignation. I will work with the Planning Board. I am not any happier about the events that occurred, but if it happens again, it will be in the newspaper

2. LGC Job Descriptions

Board members agreed they would like a little more time to review this information. It will be on the Agenda on May 4th.

4. Approval of Fuel Oil Bid

(PS) I have received an E-Mail from John Freeman and the low bid is from Fred Fuller at $2.58 per gallon and is good until April 1, 2011. We are now paying $1.89 a gallon.

(DC) Motion to accept bid from Fred Fuller Oil Co. for $2.5785 per gallon for school. (EV) Second.

Discussion: (EN) noted that in the future three bids should be requested.
(PS) School Board sent bids out to ten different companies and only one responded. (EN) felt that there should have been more bids and will call others in an attempt to get a better price.

(DC) Withdraw Motion. (EV) Withdraw Second.

Cher reminded Board that these rates should include servicing fees. (PS) This is just for oil delivery. Cher: Failure to maintain facilities results in more oil consumption.

5. Approval of Tax Anticipation Note Bid

(PS) Cara has received bids for the tax anticipation note and Citizens Bank is the low bidder. Citizens Bank rate was 2.19%, Northway Bank 3.12% and TD Banknorth was 3.25%.

(EN) Motion to approve Citizens Bank at 2.19% for Tax Anticipation Note.
(FH) Second. After Discussion: Carried 4-1 (DC).

Discussion: (DC) The problem I have with this is that Northway Bank is a community bank, has worked closely with the Town and does not charge a fee for cashing a check. I do not like to deal with Citizens Bank and I know someone else on this Board feels the same way. I am totally against it. (EN) noted he felt that way too but if it saved the Town money then… (DC) Northway Bank gives a lot to the Town.

6. Abatement of Taxes – Tax Map R22, Lot 1-31

(DC) Motion to approve abatement Tax Map R22, Lot 1-31 in the amount of $266. (EV) Second. Carried 4-1 (FH).

7. Abatement of Taxes, Tax Map U01, Lot 1-57

(FH) This abatement goes towards taxes owed. (DC) So, will he or will he not be getting it? (FH) He will not get it. (DM) This is on paper only and it will go back to the Town. (DC) I would suggest that Cara give us a better explanation of this. Tabled until May 4th.

9. Economic Revitalization Zone/Revision to ERZ Map

(EV) We passed the ERZ map and this is an addition to it which the State has refined the designated area. Several businesses have been added to it at their request and are within the proper area.

(DC) Motion to approve the Economic Revitalization Zone Revision Map.
(EN) Second. Carried 5-0.

14. EDC Member

(FH) Motion to appoint Linda Small to Economic Development Committee.
(EN) Second. Carried 4-0. (DC) Abstain.

15. Letter – Distribution of EDC Funds – Signs

(DM) I am concerned as to why this is just for certain establishments in Town. Shouldn’t we allow all of them to be noted?

Ted Mitchell explained that State only allows businesses depicted on signs that are tourist related. He explained the locations, types of businesses applicable and cost factors. (DM) Where will the money be coming from? (EV) Out of the EDC $100,000 fund. (PS) A Public Hearing would be required. (PS) to schedule.

Discussion: Cher Keuenhoff: I have a great deal of concerns on this. How are residents going to feel about contributing to a business? I do not wish to participate in paying for business advertising. It is not fair to the taxpayer. The monies in the EDC fund was not intended for that purpose.

INFORMATION ITEMS

1. Library Window Restoration Project

(PS) There is information in your packet for review. The Library trustees will be coming in May 4th to discuss. (EN) requested that the “bottom lines on costs” should be noted. It was noted that Kyle could take care of this. (PS) to advise Sylvia Wallace.

2. 2010 Transition Plan for the Pittsfield Middle School
3. Notice from Pittsfield Elementary School Re: Walking to School
4. Thank you letter to Henry Fitzgerald III
5. Notification from Pittsfield Aqueduct Co. Re: Rate Increase
6. Letter from Concord Hospital Re: Alyssa MacGlashing
7. Letter & Attachment from DES: Motor Vehicle Salvage Yard Evals.
8. Motor Vehicle Salvage Yard Environmental Compliance Manual and
Self-Audit Checklist. (Read Folder)
9. News Release-April 14, 2010-Executive Councilor John D. Shea (Read)

OLD BUSINESS

1. Town Hall Improvements, Life Safety Codes

(PS) There is no updated list, but I will send another Memo to Chief Johnson requesting one. (DM) noted that she is a member of the Safety Committee and Wynette DeGroot, LGC recently accompanied the Safety Committee on a Safety Walk. This was for a basic review of the safety issues within the building and eventually all buildings will be toured. She will be sending a report soon and will be available to the BOS.

Gas Cans: (FH) noted that he had four gas cans which belong to the Town in his basement, which are empty and probably have not been used for years if anyone wants to know where they are.

2. Capital Improvement Program Pending

3. LGC Job Descriptions Agenda May 4th

4. Selectmen/Town Administrator Goals/Obj. Pending

5. Firefighter/EMS Cross Training See above

(DM) A Budget Committee Representative from BOS is still needed.

APPLICATIONS AND WARRANTS

1. Current Use Application Tax Map R27, Lot 9-D

(DC) Motion to approve Current Use Application Tax Map R27, Lot 9-D.
(EN) Second. Carried 5-0.

2. Application for Veterans’ Credit Tax Map R34, Lot 27

(DC) Motion to approve Veterans’ Credit application Tax Map R34, Lot 27.
(EN) Second. Carried 5-0.

3. Warrant to Tax Collector for Excavation Tax Map R48, Lot 2

(DC) Motion to approve Warrant to Tax Collector for Excavation Tax Map R48, Lot 2 for $168.56. (EV) Second. Carried 5-0.

4. Warrant Timber Tax Levy Tax Map R41, Lot 7-1

(DC) Motion to approve Timber Tax Levy Tax Map R41, Lot 7-1. (EV) Second. Carried 5-0.

5. Warrant Timber Tax Levy Tax Map R35, Lot 6

(FH) Motion to approve Timber Tax Levy Tax Map R35, Lot 6. (DC) Second. Carried 5-0.

6. Intent to Cut Tax Map R41, Lot 7-1

(EV) Motion to approve Intent to Cut Tax Map R41, Lot 7-1. (EN) Second. Carried 5-0.

7. Application for Elderly Tax Credit Tax Map U01, Lot 78

(PS) Board should note that individual does not qualify by a small amount.

(EN) Motion to grant application for Elderly Tax Credit Tax Map U01, Lot 78. (EV) Second. After Discussion: Motion fails 1(EN)-(3) (DC), (DM), (EV).
(FH) Abstains.

Discussion: (DC) We are setting a precedent if we approve this. Board noted that the criteria should be followed when approving these. (PS) related that generally communities review the criteria during the revaluation for increase/decrease/or other changes.

(DC) Motion to deny application for Elderly Tax Credit Tax Map U01, Lot 78. (EV) second. Carried 3-1 (EN). (FH) Abstain.

CHECKS AND MANIFESTS

(DM) Motion to approve Accounts Payable and Check Register. (EV) Second. Carried 5-0.

(DM) Motion to approve Payroll and Direct Deposit. (DC) Second. Carried 5-0.

MINUTES

1. Public Session Minutes of March 16, 2010.

(DC) Motion to approve Public Session Minutes of March 16, 2010.
(EN) Second. Carried 5-0.

1a. Public Session Minutes of April 6, 2010.

(DC) Motion to approve Public Session Minutes of April 6, 2010. (EN) Second. Carried 5-0.

2. Non-Public Session Minutes of March 16, 2010

(DC) Motion to approve Non-Public Session Minutes of March 16, 2010.
(EN) Second. Carried 5-0.

2a. Non-Public Session Minutes of April 6, 2010.

(DC) Motion to approve Non-Public Session Minutes of April 6, 2010.
(EV) Second. Carried 5-0.

PUBLIC INPUT

Cher Keuenhoff: Why has the format changed regarding the Board of Selectmen meetings? If someone would like to comment on something Board is discussing you hear, “This is not the time or place.” Often public would want to ask questions after a discussion by the Board, but Public Input is either at the start or the end of the meeting. Many feel like I do that the public is being cut out. If anyone would like to direct a question to an individual that is here during the meeting, we cannot and by the end of the meeting, they are gone. It is unfair to me as a member of the public if I cannot ask these questions. Board should return to weekly meetings.

(FH) Sometimes people in the audience have more knowledge about a subject than the BOS do.

Ms. Keuenhoff left meeting at 9:55 P.M.

Recess at 9:55 P.M. Resume at 10:00 P.M.

NON-PUBLIC SESSION

(DC) Motion to go into Non-Public Session per 91-A:3II (a). (EV) Second. Carried 5-0. Individual members of the Board were polled and all agreed.

Board went into Non-Public Session at 10:01 P.M.

Board returned to Public Session at 10:10 P.M.

(EV) Motion to seal Non-Public Session Minutes of April 20, 2010.
(DC) Second. Carried 5-0.

ADJOURNMENT

(EV) Motion to adjourn. (DC) Second. Carried 5-0.

Meeting adjourned at 10:12 P.M.

Approved: May 4, 2010

/s/: Denise Morin _________________________
Denise Morin, Chairman Date

I hereby certify that these Minutes were recorded by me on April 20, 2010 and publicly posted on April 22, 2010.

________________________________________
Delores A. Fritz, Recording Secretary

III Tapes