HomeMy WebLinkAbout1991-03-BOS-min�r
SELECTMEN'S MEETING
March 4, 1991
A regular meeting of the Board of Selectmen was held on
Monday, March 4, 1991, in the Selectmen's Meeting Room, Town
Office Building, at 7:34 p. m. chairman Smith, Mr. Marshall, , *fr.
Eddison, Mr. Dailey, Mr. McSweeney; Mr. white, Town Manager, 'Mr.
Cohen, Town Counsel; Mrs. Snow, Executive clerk, were present,
HUMAN SERVICES BUDGET REVIEW
Rene Cochin, Co- Chairman, Ann Irving and Richard Dougherty ~,
of the Human Services Committee, and Stephen Baran, Human
Services Coordinator, met with the Board for review of the
Committee's FY92 Budget Recommendations.
Mrs. Cochin spoke of the dif f icult time her Committee has
faced in trying to alleviate stress in the community in view of
the troublesome economic situation which is affecting different
levels of people than in the past. She referred to the cuts in
State & Federal funding for Human Services programs, although the
Governor has said that the truly needy will not be abondoned.
She listed the areas slated for decreased funding as Home care,
Meals on wheels, Public Health, and Mentally Disadvantaged, who
are apt to the the poorest of the poor in the State.
She referenced the Emergency Fund, created for the first
time this year because of the increased need to assist citizens
in financial crisis situations. Mrs. Cochin reported that the
'trustees of Public Trusts' funds and private contributions to the
FY"91 Emergency Fund, are almost gone. These funds have been used
to assist unemployed, to pay utility bills, rental fees for
single parents, to help disabled and ill with ?deals on wheels and
for fuel assistance.
Mrs. C ochin reviewed the process of the Committee in
a rri�ring at its recommendations, considering the economic picture
of the Town and new needs that must be addressed.
The Committee recommends continuation of funding for
services supported in the past, including Youth Services (crises
intervention, crisis counseling and child abuse); Serb -ices for
the developmentally disabled; and the Emergency Fund,
The Committee is proposing a f% increase in - the
appropriation for Emergency Funds, in order to provide a court of
last resort and to fill some small gaps created by cuts in State
and Federal funding. The Town Manager's directive for 3% cuts in
FY92 budget request had been addressed by cuts in Youth Services
and Developmentally Disabled. A new request for Emergency
funding ($7,500), would actually represent a .06% increase in the
total Human Services budget. It was voted that Emergency Fund
donations by the Trustees of Public Trusts will not be
forthcoming this year and Mrs. Cochin added that although the
Town will never have sufficient resources to make up for lost
State and Federal funding, it can play an important role in
filling some of the niches to make the difference in the lives of
Lexington residents at troubled times in their lives,
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In addition, the Committee recommended that the Human NWO
Services Coordinator develop a few simple, nonbureaucratic rules
for disbursement of emergency funds and that the Selectmen
formally establish a mechanism for encouraging private donations
to the Town to meet, on a more consistent basis, some of the
needs that general government does not supply.
Mrs. Cochin stressed that the Committee had made every
effort to balance the needs of the Town as a whole with the needs
of citizens in urgent need of help.
Mrs. Smith complimented Mrs. Cochin and her Committee for
the verbal and written report submitted which painted a clear
picture of the problem to be faced. She agreed that the safety,
net is important for intervention even in a small way. She asked
the 'tanager if there is an existing mechanism which could be used
for Emergency Fund donations.
Mr. White felt that the process ' used when the first
Emerclency Fund was created would be an appropriate one and could
be implemented through the Trustees of Public Trusts*
Mrs. Cochin said that the Human Services Committee would
want to participate in the fund raising effort, but would not
want to assume the sole responsibility for it. !fir. Eddison
commended. the Committee for its awareness of key issues. He
requested that figures on the Trustees' contributions be provided
to the Selectmen and suggested that local churches might be
considered as a possible source of funds.
Mrs. Cochin said that that possibility had not been
explored, adding that with some people in need, the Church is the
first line of defense but that some do not want to share - the
know ledo , e of their need. She felt, however, that a more
structured approach to fund raising should be devised, i.e. by a
committee organized and charged to do so.
Mr. �iarshall said that, as always, he was impressed with the
help given to the Hoard by the Human Services Committee in
understanding needs in the Town. He felt that the Town should
take responsibility for fund raisin efforts and said he would
rather have the Committee concentrate on identifv. and
prioritizing needs.
Mr. Dailey agreed that it is not appropriate for the
Committee to have to assess needs and also have to raise the
money to meet them.
There was a discussion on possible trade -offs in the
proposed budget to enable the appropriation of Emergency Funds.
The Town Manager will attempt to find the money and develop a
mechanism, through the Trustees of Public Trusts, for the
establishment of the Fund with its administration as free as
possible from bureaucratic procedures.
Mrs. Smith felt that among the Trustees, the Town Manager
and the Committee, procedures can be worked out and asked for a
report to the Board as they progress. She had a firm sense that
all five Selectmen support the concept of an Emergency Fund. She .�.
also saw the role of the Committee as inspiring people to give to
the fund but not actively engaging in the fund raising efforts.
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OWN Selectmen's Meeting -3- '%larch 4, 1991
She thanked the Committee for its f ine contributions to the
wellbeing of the citizens of the Town.
BICYCLE SAFETY COMMITTEE
Dr. Daniel Palant was present to request proclamation of
April 6, 1991, as "Bicycle Safety Awareness Day" and toinform the
Board of the foals of the Bicycle Safety Committee, created last
year.
The Committee's goal is to educate schoolchildren and adults
of Lexington in bicycle safety, which has been begun by
introducing a program in the elementary grades of the public
schools, conducted by Officer Brian Spencer of the Police
Department.
There are now nine concerned parents who are members of the
Committee and are Working with the Police Departmen, Board of
Health and oi%ners of bicycle shops to promote the effort.
The Committee requested that the Selectmen endorse the
project by proclaiming April 6, 1991, as "Lexington Bicycle
Safety Awareness Day". A "Cycle Celebration" fair will be held
on that day on the grounds of the Lexington High School.
Upon motion duly made and seconded, it was voted to proclaim
Saturday, April 6, 1991, as "Lexington Bicycle Safety Awareness
Day ", in support of the Bicycle Safety Committee's worthwhile
goals.
X& ANA"1i 8WA
Upon motion duly made and seconded, it was voted to approve
as presented the minutes of the Selectmen's 'Meeting on January
28, 1991.
TMMA BUDGET TN-FO MEETING
Mr. White distributed information
follow at the TMMA Inf. orma-t ion Session
March 7, Clarke Middle School.
He will make a brief presentation
on the FY92 budclet proposed and where
in terms of finances.
can the format he plans to
on Financial - articles on
and answer any questions
the Tcwn x ;ill be next rear
COMMON X TCTUALLER LICENSE THE FOOD EMPORIUM
Mrs. Smith noted the Special Permit issued by the Board of
Appeals for operation as a restaurant of the Food Emporium and
the conditions imposed on the approval of the Permit regarding
seating capacity- and parking requirements.
No reference had been made in the :appeals Board's Findings
and Decision as to hours of operation t 7 a.m. to 9 p.m. w- Monday
through Saturday) requested by the p e t i t i o n e r .
Mr. Eddison suggested that in addition to the conditions
'Listed on the Special Permit, the petitioner should be reminded
of I l l s responsibility to keep the front and rear areas of his
premises clear of litter and should be Urged to follow the D.A.C.
Design Guidelines if any exterior alterations are to be made.
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He asked that a copy of the Design Guidelines eti:tract be sent
With the approved license.
Mr. Marshall supported Mr E'ddison' s suggestions but felt
that education regarding the Design Guidelines and litter should
be separate from the license granting process.
Upon motion duly made and seconded, it was voted to approve
the application of Walter L. W illiams for Common victualler
License for The Food Emporium, 1768 Mass. avenue, with hours of
operation of ? a.m. to 9 p.m., Monday through Saturday to expire
on December 31, 19910
CONSENT AGENDA
ED I SON WAY TRAFFIC RULES AMENDMENT
Upon motion duly made and seconded, it was voted to execute
the amendment to the Traffic Rules and Regulations pro hibiting
passage o f trucks i the cut -- through between the Salter and Craft
Buildings, as approved by rote of the Selectmen on February 25,
1991.
ABATEMENTS
Upon motion
the abatement of
Sewer Charges in
dull- made and seconded, it was voted to approve
Water charges in the amount of 52,553.27; and of
the amount of $4,551.791
TRAFFIC ITEM TO T. S.A.C.
Upon motion duly made and seconded, it was voted to refer
- the request of Police Chief Paul Furdon, as suggested by Bigelow
Moore, for installation of parking meters in the spaces allocated
for Post Office business in the driveway beti��een the Town Hall
and the Post Office, to the Traffic Safety :-advisory Committee for
rev and ;- ecommend.at i o ns .
EASTER SUNRISE SERVICE
Upon snot i on duly made and seconded, it was % ed to approve
the request of Reverend Brian S. Dixon, of the First Baptist
Church of Lexington, for use of the Battle Green to conduct an
Easter Sunrise Service on Sunday, March 31, 1991, at 6:30 a.m.
SPRING RECYC L I LTG PROGRAMS
Richard Spiers Director of Public Works /Engineering , was
present for an update on the annual Spring Yard waste Projec and
for review of recommendations on two new recyc programs
e by the Waste 'Management Committee.
The second Spring Ward waste Collection Project will begin
on Nedne sday , March 2 0, with the opening o f the Harti,-e l l Avenue
recycling area for residential disposal of leaves and grass
clippings on Wednesday and Fridays from 7:30 a.m. to 3:99 p.m.
and can Sundays from 8:99 a.m. to 5:00 p. m. , with the exception of
Easter Sunday. The Landfill NY i l l remain open on those dad -s
through mid-December.
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Selectmen's Meeting
-5-
March 4. 1991
The collection of yard waste in biodegradable bags will take
place on regular pickup days during the weeks of _�pril 8 - 12,
Apr 2 - 26, and May 13 - 17*
The waste Management Committee had N -oted unanimously to
endorse a DPW proposal to expand the Lex- Recycle programs to add
white goods and .grass clippings to the list of designated
recyclable items.
As a part of the composting project, the grass clipping
iniative's major thrust will be to encourage residents to recycle
their clippings as composing on their property which will cut
down the amount to be collected to a manageable level for the
DPW. fir. Spiers outlined the details of the program which will
be described in an informational pamphlet to be destributed to
all households.
Residents will have two options regarding the dispcsa�. of
white goads (refrigerators, stoves , washing machines, dryers, hot
mater heaters, etc . ) . They may negotiate the removal of the old
product with the vendor when purchasing a new appliance or they
may transport the old appliance to the landfill aite where it can
be deposited in a roll -off container that will be prat *ided by an
area junk metal firm.
Mr. Spiers asked for the Board's endorsement of the new
programs in order that they may be implemented.
Upon motion duly made and seconded, it was voted to approve
the proposals of the Department Work and Waste Management
Committee to expand the Lex- -Recycle programs to add t; hite goods
and grass clippings to the list of designated recyclable items.
Mr. Spiers reported that at this time, approximately :34 of
the trash gene rated in Town is being recycled, and Lhat MRI has
approved his request for a 5% reduction in our guaranteed tonnage
from FY91 - 12,0 to FY9 2 - 11
Board members thanked. Mr. Spiers for his presentation and
for the great advance in Lexington's f ine recy - cling program.
I�rERSAILLES RESTAURANT SIDEWALK SERVICE
Mr. white reviewed the conditions of his approval of the
request of the Versailles Restaurant for permission to serve food
and alcoholic beverages on the sidewalk in front of the
restaurant during the spring- summer - early- fall months.
conditions for the permit will remain the same as in previous
years, with the addi t ion of the requirement that "tables should
be cleared immediately when unoccupied".
Upon motion duly made and seconded, it was %-oted to approv
the Town Manager's permit for sidewalk dining issued to
Versailles Restaurant from May 1, 1991 through September 30,
1991, subject to restrictions as listed in the Permit.
HANSCOM FIELD NOT SE STUDY
Mrs. Smith left the meeting and did not participate in
discussion or vote on Hanscom Field Noise Study matters, to avoid
the appearance of conflict of interest, due to her involvement
with Masspor. t .
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Mr. Eddison updated the Board on prog w i - IL h the Part 1 50
Noise Study and F.A.A. hearings on changes to its noise rules for
public airports.
The F.A.A. has issued proposed changes in the rules
recrardin,g airport noise restrictions. These changes, which are
under study by both Massport and Cutler & Stanfield, who
represent the four HATS Towns in the Part 150 Study. HATS will
be hearing the results of their analysis of the proposed rules
s hortly and must submit any comments it wishes to make by April
14. Cutler L Stanfield has offered to represent the HATS Towns
at the hearing on the rules revisions for a fee not to exceed
$2,000. This can be paid initially from the 520,000 previously
approved by HATS 'fawns for legal services relative to the Part
150 Study.
The new F . A . _y rules appear to be mov ink toward setting
standard noise reo for all commercial aviation airports
so that airlines f l -wing lar &e ,jet aircraft will not 'be faced with
different restrictions in each city airport.
Mr. Eddison said the F . A . A is believed o be less concerned
about nationwide uniformity for the smaller General aviation
aircraft but that the National Business A�-iat ion Association iSs
lobbying for the same standards for General as for Commercial
Aviation.
Mr. Eddison said that bath HATS and Massport ha� a stron&
interest in preserving the rights of the proprietors of General Ono
Aviation airports to set their own -LZo standards.
N1 r. Eddison will inform HATS II of the Board's favorable
position on representation by Cutler and Stanf ield at t'- "'. A. A
Y�earin gs on Noise Rules Rey - i s ions , for a fee not to e�:ceed
52,000,
Mrs. Smith returned to the meet inz at this time.
EXECUTIVE SESSION
Upon motion duly- made and seconded, it x� as voted 5 - 0 by
roll call vote: firs. Smith, Mr. Marsha Mr. Eddison, '��r.
Dailev, Mr. McSweeney, to go into E xecuti`7 e Session for
discussion cf matters of Real Estate negotiations and litigation,
the disclosure of which might adversely affect the interests of
the Town, with no intent to resume open session.
Upon motion duly- made and seconded, it was v oted to adjourn
at 10:00 p.m.
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A true record, At test
Y
Marion H. Snow
Executive Clerk
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SELECTMEN'S MEETING
March 18, 1991
A regular meeting of the Board of Selectmen was held on
Monday, March 18, 1991, in the Selectmen's Meeting Room, Town
Office Building, at 7:30 p.m. Chairman Smith, Mr. Marshall, Mr.
Eddison, Mr. Dailey, Mr. McSweeney; Mr. White, Town Manager; Mr.
Cohen, Town Counsel; Ms. Radway, Asst. Town Manager; Mrs. Snow,
Executive Clerk, were present.
kiT NTT TTVq
Upon motion duly made and seconded it was rated to approve,
as presented, the minutes of Selectmen's Meetings on February 4,
and February 11, 19910
RE LEST FOR BANNER DESERT STORM TROOPS
Upon motion duly made and seconded, it was voted to approve
the request of the Town Celebrations Committee for permission to
install a banner over Massachusetts Avenue at Cary Hall, reading'
"Welcome Home - Desert Storm Troops" on April 14, and Patriots
Day, April 15, 1991. If president Bush declares a Nation Day of
Welcome on July 4, 1991, the banner would main be displayed at
the same location.
CHANGE OF HOURS THE FOOD EMPORIUM
Upon motion duly made and seconded, it was voted to amend
the hours of operation under its Common Victualler License for
The Food Emporium, 1768 Mass. Avenue, to include Sunday openings
and to read: " 7:00 a.m. to 9:00 p. m. -- Seven Days" .
CONSENT AGENDA
ABATEMENTS WATER SEWER
Upon motion duly made and seconded, it was voted to approve
the abatement of water Charges in the amount of $4,005.61 and of
Sewer Charges in the amount of 88,854.60.
COMMITMENTS
Upon motion duly made and seconded, it was voted to appro-%.
the Commitment of Street Opening Permit Fees in the amount of
$447.50; and of Cycle 9 water Charges, March, in the amount of
$67,564,41*
REPEAL OF ANTI - ROLLBACK LEGISLATION
Mr. White referred to a ':Mass. Municipal Association request
for an indication of the Board's support of an amendment which is
part of the 1991 deficit reduction bill (5.1429). The amendment
would repeal the anti -rollback legislation, would allow
municipalities to have firmer control of health care costs and
take advantage of new products in the market place.
He noted that since the Senate had already approved .S.1429,
including the amendment, response by the Selectmen would not be
necessary.
EQUAL PERCENTAGE HEALTH INSURANCE PREMIU'`41S
Mr. white described legislation which would permit
municipalities to charge their employees an equal percentage of
health insurance premiums up to 25%, regardless of i�hikch health
plan insure them. He projected that the town would save $234,000
if enacted.. He asked for the Board's favorable position on the
bill,
Upon motion duly made and seconded, it was voted to
authorize the Town Manager to inform our Legislators of the
Board's support of the Equal Percentage Bill.
WARRANT ARTICLES ANNUAL TOWN MEETING
The Town Manager requested statements from the Board as to
its position on Warrant Articles for the Annual Town .\1eetings .
fie noted that since reports on zoning articles had not been
rece i1 from the Planning Board, positions on Art icles 29
through 35 had not been included for consideration that evening.
Articles requesting funding from the tax levy will not be taken
up at Town Meeting until information on State Aid and Assessments
has been received. Position statements on those articles were
also deferred.
Mr. White pointed out that water, sewer, Recreation Articles
(including Pine Meadows Irrigation) would be funded through their
Enterprise Funds, indicated by below.
Agreement was reached on positions on the following
Articles:
Article 6 * grater Operations in support
Article 7 * Sewer Operations in support
Article S * Recreation Operat in support
Article 9 Supplementary Appropriation indefinite
Now
R a
FY' 91
1
po stpo riement
Article
19
Prior Years' Unpaid Bills
indef. post.
Articl
11
Suppl. Appropriations
indef. post.
authorized Capital
Improvement Projects
Article
15
Conservation Fund
indef. post.
Article
16
* Water Mains - $220,000
in support
Article
17
Public works Equipment -
defer
SlD
position
Article
18
street Improvements -
no funding
$970,000
Article
19
Acceptance, subdivision
in support
Streets
Article
2 ❑
* N. Lex . Pump Station -
in support
$2,840
Article
21
Parking Lot Operation/
in support
Maintenance - $
Article
23
Recreation, Improvements/
in support
Equipment - $37,000
Article
24
Pine Meadows Irrigation -
in support
$65,OOO
Article
36
Land Transfer, Bates Road
in support
Now
Selectmen's Meeting
Article 37
article 38
Article 39
_3_
March 18, 1991
Cooperative Projects,
Vo -Tech students
Muzzev Condo resale cap/
building repairs
Alternate Street Lighting
Article
40
automatic sprinklers
:article
41
911 Emergency Telephone
Article
42
Non- Criminal Disposition,
expired Dog Licen -ses
Article
43
Creditable Service Time
Article
-14
$10,000 Bid Limit
Article
45
Transfer of Trust Funds
Article
46
amendment, Representative
Town Meeting
in support, but
would request
blanket
permission
in negotiation
(majority
position -
investigate
alternatives
bef ore con-
version to HP
Sodium Lighting
in support
in support
in support
in support
in support
in support
in support
EXECUrTIVE SESSION
Upon motion dull} made and seconded, it was voted 5 - o by
roll call vote: Mrs. Smith, Mr. 'Marshall, Mr. Eddi son , Mr.
Dailey, Mr. McSweeney, to go into Executive Session for
discussion of matters of litigation, the disclosure of which
mi lht adversely affect the interests of the Town, and with no
intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn
at 9:2.4 p.m.
A true record, Attest:
Marion H. Snow
Executive Clerk
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SELECTMEN'S MEETING
March 25, 1991
A regular meeting of the Board of Selectmen was held on
Monday, March 25, 1991, in the Selectmen's Meeting Room, Town
Office Building, on 7:00 p.m. Chairman Smith, Mr. Marshall, Mr.
Eddison, Mr. McSweeney; Mr. white, Town Manager; fir. Cohen, Town
Counsel; Ms. Radway, { =asst. Town Manager; Mrs. Snow, Executive
Clerk, were present. Mr. Dailey arrived shortly after the start
of the meeting,
PUBLIC HEARING EDISON N . E . TELEPHONE SPRING STREET
Mrs. Smith opened a public hearing on the petition of the
Boston Edison Company and the New England Telephone Company for
permission to install an anchor guy on Shade Street.
Robert Boudreau of the Telephone Company, representing both
companies, explained that the installation was needed to support
an extra cable, necessary to service new growth in the area.
Mrs. Smith noted the favorable recommendation on the request
from Richard Spiers Director of Public works. There being no
further comments or questions, the hearing was declared closed.
Upon motion duly made and seconded, it was voted to approve
the petition, plans and orders for a grant of location for
installation of an anchor guy on the westerly side of Spring
Street on existing pole X90/26, 20 feet south of Shade Street,
M T NTT TTV
Upon motion duly made and seconded, it was % to approve,
as presented, the minutes of the Selectmen's Meeting on February
' 1991.
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_A.PRI L MEETING SCHEDULE
It was agreed that Selectmen's Meetings will be posted for
each Monday and Wednesday in April, �.o commence at 7:00 p.m.,
with the exception of April 15 and Apri 1 (. vacation week) . It
was noted that the Wednesday meetings will be canceled when the
workload permits.
COMMITMENT OF CHARGES
Upon motion duly made and seconded, it was .Toted to approve
the Commitment of Charges, as follows:
Final water Bills, December, 1990 $42
Final Sewer Bills, December, 1990 $509.51
Townwide water Bills, January, 1991 $561.91
Townwide Sewer Bills, January, 1991 $706.22
RESIGNATION, CATS; COMMITTEE
Upon motion duly made and seconded, it was wroted accept,
with regret, the resignation of Frank DiGiammarino from the Gable
Television and Communications Advisory~ Committee.
A letter, expressing the Board's appreciation for Dr.
DiGiammarino's valuable service as Chairman of the Committee,
will be sent,
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PLANNING BOARD ARTICLES
The Zoning Articles proposed by the Planning Board and
Citizens were reviewed, -
It was agreed that the following Articles would be
supported, as recommended by the Planning Board:
Article 29 - Zoning By -Law; Technical Corrections
Article 30 - Zoning By -Law; Religious, Educational
Institutions
Article 32 - Zoning By -Law; Exemptions for Agricultural
Uses
Article 33 - Zoning By -Law; Pet Grooming Services
Mr. Eddison referred to Article 31, Parking
Factors /Businesses, and said that he would support the Article
with the exception of Provision "C" which would re!R'ulate the
number of required parkin spaces for businesses based on square
footage, not the number of employees. He felt that the provision
needed clarification and more study before being submitted to
Town 'Meet ins , noting that this zriew is supported by both the
Lexington Center Committee and the Chamber of Commerce.
Upon motion duly made and seconded, it was voted to support
Article 31, Parking Factors, with the exclusion of Provision "C ".
ARTICLE 35 - PRIVATE POSTAL SERVICES
Article 30 citizens' article, proposes an amendment to the
Zoning By -Law to allow private postal services in CRS and CB
districts. The Planning Board had reported unfavorable on the
proposal, based on the additional traffic which would be
generated b such an operation in the Central Business District,
already impacted by traffic from the U.S. Postal facility on
Mass. Avenue.
The Selectmen agreed with the Planning Board's position on
the proposal, but will take no position on Article 35.
TCWN 'v I NG PROCEDURES
Mr. White outlined procedures to be expected at that
evening's session of Town Meeting. Articles 4 and 5 tax levy*
funded) will be deferred until definite information on State
funding and assessments has been received and analyzed. It was
noted that it would be possible to adjourn Town Meeting for
se weeks if all other business is concluded before the State
information has been made available,
T pon motion duly made and seconded, it was voted to adjourn
- 7:22 p. m.
A true record, Attest:
Marion Snow
Executive Clerk
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