HomeMy WebLinkAbout1996-09-BOS-min 60-345
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Selectmen's Meeting Minutes
September 9, 1996
A regular meeting of the Board of Selectmen was held on Monday, September 9, 1996 in the
Selectmen's Meeting Room, Town Office Building at 7:00 p.m. Chairman McSweeney, Mr.
Dailey, Mr. Busa, Mr. Fenn, Mrs. Eddison;Mr. Cohen, Town Counsel;Mr. White, Town
Manager; and Ms. Smith, Executive Clerk, were present.
Visit by Politicians from France
Chairman McSweeney and Board Members greeted politicians from local assemblies of the
French Territory who are the strong level between the municipalities and the national State. The
visit had been arranged through the French Embassy in Boston and the politicians were
accompanied by many local dignataries including the Consul General Maurice Portiche. The
Conseillors were in Lexington to learn about the election process and government of a small
Town in the United States. Board Members and the Town Manager explained Lexington's
Selectmen/Town Manager form of Government and the role and election process of the Town
Meeting Members who are the legislative body of the Town. They also explained that Town
Meetings are unique to New England towns and unlike any other part of the country. Conseiller
General Guy Lardeyret of Sarthe, Mayor of Greez-sur-Roc acted as spokesman and translator for
the group.
Route 2A/Marrett Road Update
Dick Cooke, Consultant for BSC on the Route 2AfMarrett Road Project, reviewed the latest
design plans developed as a result of the Mediation Dispute. Comments were solicited from all
dispute resolution participants. John Frey, on behalf of the Design Advisory Committee, made
several recommendations on the landscaping issues agreed upon in dispute resolution. It was
agreed that Mr. Frey's comments be made known to the Department of Environmental Protection
to meet the time deadline given.
Public Comments
Mr. Steven Tripi asked the following questions:
• The recent meeting at which the upcoming overrides and Selectman goals were discussed
at I believe the Sheraton, Can you tell me when this was posted for the general public and
were they invited for the entire session?
• What was the approximate cost of this meeting to the Lexington taxpayers?
• Why wasn't the meeting held in town facilities at no cost to the taxpayer?
• What is the dollar amount estimate of the next override going to be?
• What is the dollar amount of the debt exclusion going to be?
• Why is this going to be held in March before Town Meeting convenes?
• Does the present overrides or debt exclusion include the schools?
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Selectmen's meeting- September 9, 1996
Is the final increased enrollment in place. That is, is there a firm number of ins and outs of
the system for this school year yet?
Mr. Tripi was advised that the Chairman would review the questions and prepare a written
response to them. Mr. Tripi was also invited to the joint meeting of the Board, School
Committee and finance committees on Saturday, October 19 which will be the kickoff meeting for
the FY98 budget.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meetings of
August 12, 1996 and August 26, 1996 and the Goal Setting Meeting of August 22, 1996.
Executive Session Minutes
Upon motion duly made and seconded, it was voted to approve the Executive Session minutes of
the meetings of August 12, 1996 and the Goal Setting Meeting of August 22, 1996.
one-Dav Auctioneer's License
Upon motion duly made and seconded, it was voted to approve the application and issue a one-
day auctioneer's license to Newton Oriental Rugs for Sunday,November 10, 1996 at the National
Guard Armory on Bedford Street.
one-Day Liquor License
Upon motion duly made and seconded, it was voted to approve the application and issue a one-
day liquor license to the Knights of Columbus for an outdoor barbecue on Sunday, September 15,
1996 from 12:00 noon to 7:00 p.m. at 177 Bedford Street.
Appointments
Mr. McSweeney indicated the Board hoped to be making appointments to various committees on
September 30. He also asked Board members to review draft charges to three new Ad-Hoc
committees and come back to their Executive Clerk with suggested names of members. Mr.
McSweeney indicated he had received a call from Dick Canale, Chair of the Planning Board
asking that the Planning Board have representation on the Ad-Hoc Committee on the proposed
development of the Middlesex County Hospital property. Mr. Canale also asked that he be
notified when the charge to the Ad-Hoc Committee on Middlesex Hospital is discussed.
Mr. Fenn indicated he would like to see an additional Ad-Hoc Committee on revenue
enhancements.
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Selectmen's Meeting- September 9, 1996
Proclamation
Upon motion duly made and seconded, it was voted to sign a Proclamation declaring Saturday,
September 28, 1996 as Inner Wheel USA Rally Day in Lexington.
Chairman McSweeney execused himself from the meeting and Mr. Dailey took over as Chairman.
NYNEX Grant of Location-Nickerson Road and Carmel Circle
Mr. Dailey opened a hearing on the petition of New England Telephone and Telegraph Company
for a grant of location for conduit to be installed under the surface of Nickerson Road for the
purpose of improving service to the area.
Mrs. Eddison asked whether the conduit would indeed be underground. She was assured that is
the case and the elbows that come up from the ground will be removed.
Ms. Charlotte Tung of 18 Nickerson Road inquired about a bush near Carmel Circle. She was
assured that the bush would be moved.
There being no further questions, Mr. Dailey declared the hearing closed.
Upon motion duly made and seconded, it was voted to approve the petition of the New England
Telephone and Telegraph Company to lay and maintain underground conduits and manholes, with
the wires and cables to be placed therein, under the surface of Nickerson Road starting at pole
#57/75, place conduit in a southerly direction, then turning westerly, then turning southerly again,
a total distance of 1,756 feet (A); and Carmel Circle starting at handhole#578, place conduit in a
westerly direction to handhole#580, a distance of 433 feet (44.
Adjourned Hearing on CATV Transfer of Ownership
CATV and Communications Advisory Committee Member David Buczkowski informed the
Board that the hearing on the transfer of ownership of the cable company had been adjourned to
this evening's meeting to allow time for the cable company to respond to questions asked of them
at the hearing. The cable company has since responded and the CATV and Communications
Advisory Committee recommends closing the hearing. The Committee will report on the transfer
of ownership at the Selectmen's Meeting on September 30.
Upon motion duly made and seconded, it was voted to close the hearing on the transfer of
ownership of the cable television company.
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Selectmen's Meeting- September 9, 1996
HATS
Mr. Fenn, Selectman liaison to the HATS Committee reported on an RFP that had gone out to
obtain expert advice on the Master Planning process. The Town received 36 inquiries and
received 4 responses.
Mr.Fenn also reported on a meeting being conducted by the Minuteman Park next Thursday and
asked his fellow selectmen to attend any or all of the meeting if they could.
Lexington Home Page
Selectman liaison to the Ad-Hoc Committee working on a Lexington Home Page reported that
she is working with Shelley Chamberlain from the School Department on a quality Lexington
Home Page. Currently there are multiple listings for Lexington Home Page.
Executive Session
Upon motion duly made and seconded, it was voted 4-0 by roll call vote: Mr. Dailey, Mr. Fenn,
Mr. Busa and Mrs. Eddison to go into executive session for discussion ofotential litigation with
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no intent to resume open session.
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Upon motion duly made and seconded, it was voted to adjourn t 8:25 p.m.
A true record, Attest: :C.,F'7) (/
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Phy110 A. Smith
B cutive Clerk
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Selectmen's Meeting Minutes
September 30, 1996
A regular meeting of the Board of Selectmen was held on Monday, September 30, 1996 in the
Selectmen's Meeting Room, Town Office Building at 7:30 p.m. Chairman McSweeney, Mr.
Dailey, Mr. Busa, Mr. Fenn, Mrs. Eddison;Mr. Cohen, Town Counsel; Mr. White, Town
Manager; and Ms. Smith, Executive Clerk, were present.
New Police Officers
Chairman McSweeney asked Police Chief Chris Casey to introduce four new police officers who
have just completed their training at the Police Academy. Chief Casey introduced police officers
Lester Baker, Michael Barry, Aden Evelyn and Stacy Macauda.
Board members congratulated them and wished them well.
Boston Edison Grant of Location- 6 Carmel Circle
Mr. McSweeney opened a hearing on the petition of Boston Edison Company for a grant of
location for conduit to be installed, owned and used by Boston Edison Company. The work is
necessary to upgrade the existing electric service to the resident at 6 Carmel Circle.
There being no questions, Mr. McSweeney declared the hearing closed.
Upon motion duly made and seconded, it was voted to approve the petition of Boston Edison
Company to lay and maintain underground conduits and manholes, with the wires and cables to be
placed therein, under the surface of Carmel Circle, approximately 300 feet south of Nickerson
Ppimatel y
Road, a distance of about 85 feet.
Traffic Safety Advisory Committee
Chairman of the Traffice Safety Advisory Committee reviewed four traffic matters which were on
the Agenda of the Committee's meeting on June 6, 1996:
Spring Street near Concord Avenue
Ms. Nancy Fuller, Executive Director of the Community Therapeutic Day School to discuss
concerns about speeding on Spring Street and traffic conditions in general at the Spring
Street/Concord Avenue intersection. The Engineering Division is in the process of conducting
radar speed studies at this location. It is hoped that the study will result in the State issuing a
permit for a 30 MPH posted speed limit on the entire section of Spring Street. This should help
motorists, the school and the other abutters. Mrs. Fuller's request for a 20 MPH School zone
cannot be granted as the warrants for a School zone are not satisfied byeither Spring Sp g Street or
Concord Avenue in this area. The Committee feels however that posting two"School Ahead"
informational signs on Spring Street is an appropriate option. This was done several years ago at
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Selectmen's Meeting- September 30, 1996
the Lotting School with the school reimbursing the Town for the signs and installation.
Upon motion duly made and seconded, it was voted to approve the recommendation of the
Traffic Safety Advisory Committee.
Follen Road -Pedestrian Safety
Ms. Ryder of 51 Fallen Road requested measures be taken to improve safety conditions for
pedestrians on Follen Road. Ms. Ryder indicated that past actions taken by the Town included
installing a double yellow centerline, white edge lines on each side of the roadway and two
"School Crossing Ahead" signs, and at least four"Caution Children" signs, all of which remain in
place. There are no sidewalks on Follen Road, except at the churchse. While sidewalks would be
a very effective safety improvement, sidewalk construction is unlikely in the present economic
climate. The Committee did urge Ms. Ryder to contact Follen Road abuttors and submit a
sidewalk petition for consideration during the FY98 budget process. The Traffic Safety Advisory
Committee after review of Ms. Ryders request recommends that the Town has already taken all o
the actions which could be considered reasonable with regard to Follen Road and the only
measure to be taken at this time is increased speed li mit enforcement as manpower permits.
Upon motion duly made and seconded, it was voted to approve the recommendation of the
Traffic Safety Advisory Committee.
Muzzev Street -No Parking
The Traffic Safety Advisory Committee discussed a request from the Police Department for a No
Parking On or Off Pavement regulation on the northwesterly side of Muzzey Street, from Forest
Street to Park Drive. The Lexington Police Department has had problems with people
congregating in this area, and this request was also made on behalf of the High School and area
neighbors. Mr. Chalpin discussed the matter with Julian Bussgang and he indicated that, indeed,
neighbors supported the Police Department's request. The TSAC recommends approval.
Upon motion duly made and seconded, it was voted to approve the recommendation of the
Traffic Safety Advisory Committee and sign the Traffic Rules and Orders form.
Liberty Avenue- STOP Signs
The Committee discussed another request from the Police Department for STOP signs on Liberty
Avenue at the intersection of Hamilton Road. Several neighborhood residents also expressed
concerns over the last few months about the situation at this intersection. Since the warrants for
STOP signs are satisfied, the Committee recommends that the Police Department's request be
approved.
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Selectmen's Meeting-- September 30, 1996
Upon motion duly made and seconded, it was voted to approve the recommendation of the
Traffic Safety Advisory Committee and sign the Warrant and Traffic Rules and Orders forms.
Consent Agenda
Assistant Treasurer Local Official Bond
Upon motion duly made and seconded it was voted to approve the Assistant Treasurer Local
Official Bond in the amount of$50,000.
Water/Sewer Deferrals
Upon motion duly made and seconded, it was voted to approve water/sewer deferrals for Robert
C. and Sally T. Scott at 32 Woodland Road and Alice Salhaney at 539 Concord Avenue.
Appointment of Temporary Registrar
Upon motion duly made and seconded, it was voted to ratify a poll vote to appoint Reed Kingston
Taylor as a Temporary�Registrar of Voters for Monday, September 30, 1996.
Boston Gas Innovation Award
Transportation Coordinator Barbara Lucas introduced several executives of Boston Gas
Company who had come to present the Town with an innovation award. Boston Gas President
Chester Messer presented Chairman McSweeney with a check in the amount of$40,000 to assist
the Town in reaching its goal of$80,000 which will be added to a grant to purchase compressed
natural gas buses for Lexpress.
Board Members thanked Boston Gas for the gift and for the wonderful cooperation the Town has
experienced with Boston Gas.
CATV and Communications Advisory Committee •- Transfer of Control of Cable Television
Renewal License
CATV Committee member David Buczkowski reported that Cablevision had provided all of the
information requested of them at the hearing on the transfer of control of the cable television
renewal license. The CATV and Communications Advisory Committee have voted unanimously
to request the Board of Selectmen to sign the transfer of control document.
Upon motion duly made and seconded, it was voted to approve and sign the documents
transferring control of the cable television renewal license from Warburg, Pincus Investors, L.P.
to Cablevision Systems Corporation.
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Selectmen's Meeting- September 30, 1996
Bond Anticipation Notes
Upon motion duly made and seconded, it was voted to approve the sale of a$2,360,000 3.71%
bond anticipation note of the Town dated October 3, 1996 and payable April 15, 1997 to
BayBank, N.A. at par and accrued interest.
Volunteer Appreciation Dav
Mrs. Eddison reviewed plans to conduct the second annual volunteer appreciation day in
conjunction with Octoberfest on Saturday, October 19.
Upon motion duly made and seconded, it was voted to approve the request to use the Battle
Green for the second annual Volunteer Appreciation Day on Saturday, October 19 at 9:30 a.m.
One-Day Auctioneer License
Upon motion duly made and seconded, it was voted to approve the application and issue a one-
day auctioneer's license to Hughes Danbury Optical Systems, Inc. at 10 Maguire Road on
October 9, 1996.
Minutes
Upon motion duly made and seconded, it was voted to approve the minutes of the meeting of
September 9, 1996.
Executive Session Minutes
Upon motion duly made and seconded, it was voted to approve the executive session minutes of
the meeting of September 9, 1996.
One-Dav Liquor License
Upon motion duly made and seconded, it was voted to approve the application and issue a one-
day liquor license to the Armenian Sisters Academy in Lexington for their annual dance on
October 12, 1996 from 8:00 p.m. to 1:00 a.m.
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Selectmen's Meeting-- September 30, 1996
p
AT&T Antenna-Muzzev Condominiums
Attorney Steve Anderson of Anderson and Kreiger representing AT&T provided the Board with
information concerning a proposed antenna to be installed at the Muzzey High Condominiums.
The Board of Selectmen are being asked by the Muzzey High Condominium Association to make
a determination that the requested installation of the AT&T antenna be considered a minor change
to the Special Permit granted by the Board of Selectmen when the building was converted to
condominiums. Mr. Anderson explained that the antenna had been approved by the Historic
Districts Commission and met the requirements of the Building Commissioner to obtain a building
permit once the Board acts on its determination.
Representatives of AT&T explained the plans to install the antenna and planned uses for it. Dr.
Peter Volberg from Gradient Corporation also representing AT&T was present to answer
questions from the neighbors about any health hazard concerns.
After hearing questions from the audience, Mr. McSweeney asked the Board Members and it was
decided to review the information provided and make a determination at the next meeting of the
Board on October 15 as to whether the installation of the AT&T antenna is considered a minor or
ama'orch ntheSpecial age to Spec al Perrrnt. Mr. McSweeney invited anyone who wanted to come to
hear the determination to do so. Town Counsel advised the Board that if it determines that it is a
major change a hearing will be required.
Public Comments
There were many residents present concerning Hanscom issues. Florence Koplow, alternate
member of HFAC, read a petition to the Board requesting that the four Boards of Selectmen
petition Massport officials and its Board of Directors to halt any work on development of new
projects or services until the four-town study is completed; that the four Boards of Selectmen join
with citizens who will be working with out legislative delegation to file legislation prohibiting
Massport from any development work until such time as the four towns have completed their
planning study; and that the four towns(or Lexington alone) seek legal advise from aviation
specialists(such as Cutler and Standfield) as soon as possible.
Dan Fenn, Lexington Selectman Representative and Chairman of HATS, indicated that HATS
would take the suggestions under advisement. The HATS committee has been in touch with
Cutler and Stanfield and has sent them a tape of the FAA meeting and asked for comments on the
presentation.
Mr. Fenn indicated he had received suggestions from several people that the Selectmen include
Hanscom in its goals statement. He felt the suggestion was a very valid one and prepared the
following goals:
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Selectmen's Meeting- September 30, 1996
The Board of Selectmen, fully recognizing the vital importance of Hanscom and the impact of
activities there on our community, will (1) continue to keep close watch over Massport's plans
and activities at Hanscom, making sure that the consultative process now underway is not
overtaken by any unilateral Massport decisions or actions; (2) continue our vigorous support of
the GEIR and Master Planning processes which have been started in order to create a
comprehensive and objective baseline for future environmental reviews and to fashion a new
mutually-acceptable decision-sharing arrangement with Massport for both aviation and non-
aviation developments; (3)urge the Governor and the Chair of the Massport Board, in the event
that new appointments to the Authority's leadership become necessary, to select people who are
sensitive to the concerns of the four towns and who will continue to negotiate in good faith with
our representatives; (4) continue to work in close concert with our neighbors in HATS; and (5)
seek regular formal advice and input from the several Lexington citizens who have been appointed
as our representatives to HATS and I-IFAC.
Upon motion duly made and seconded, it was voted to adopt the foregoing goals for Hanscom for
1996 - 1997.
There was much discussion about convincing Massport that the towns are united and mean what
they say and that the four towns need the time that is required for planning. Board Members
reassured those present that the Board of Selectmen are very concerned about Hanscom and will
do whatever they need to protect Lexington. Representative Jay Kaufman indicated he would
stay in touch with Mr. Fenn in response to a letter from Lexington as one of the four boards.
Middlesex County Hospital Ad-Hoc Committee
Upon motion duly made and seconded, it was voted to appoint the following individuals to the
Middlesex County Hospital Ad-Hoc Committee: Planning Board Members Fred Merrill and Steve
Colman, Potter Pond Representative Gil Garber, TMMA#3 Representative Caleb Warner,
LexHAB Chairman Marshall Derby, Edward Modoono representing the recreation area and Don
Jenkins representing the financial area. Leo McSweeney agreed to be Selectman representative to
the Committee. It was agreed that the Board would appoint two other members at its meeting on
October 15 representing the Fair Housing and Human Relations Committee and Conservation
Commission.
Upon motion duly made and seconded, it was voted to adopt the following charge to the
Middlesex Hospital Ad-Hoc Committee:
It is requested that you advise the Board of Selectmen as to the appropriate reuse options for the
Middlesex County Hospital site. The committee should consider the following planning issues in
their review.
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Selectmen's Meeting- September 30, 1996
1. Benefit to the community.
2. Establish a cooperative working relationship with the City of Waltham and Middlesex
County officials.
3. Identify alternative reuses for the property.
4. Review with Town departments, boards and committees whether they envision some
public use on all, or some part, of the property, or other public objectives that might be
achieved.
5. Select and evaluate several preferred alternatives on the basis of:
a. their potential impacts on public facilities, services and programs,
b. an analysis of Town fiscal consideration including potential revenue and
costs,
c. potential furtherance of policies, such as the Planning Board's Inclusionary
Housing Policy and Alternative Transportation Policy, and such other
Town policies as may be applicable; and
d. potential impact on neighborhoods near the site.
6. Review the process for the disposition of surplus public property, as prescribed in State
law and recommend what action, if any, the Town of Lexington might take in that regard.
7. Work cooperatively with the Planning Board to increase the likelihood that the Planning
Board will make a favorable recommendation to the Town Meeting for rezoning
(assuming that the preferred reuses will require a rezoning).
Water and Sewer Rates
Superintendent of Water and Sewer Divisions Bill Hadley reviewed the operations of the division
and advised the Board that he will be back to the meeting on October 15, 1996 to request the
Board to set the Water and Sewer Rates for Fiscal Year 1997.
Appointments/Reappointments
Upon motion duly made and seconded, it was voted to make the following appointments and
reappointments:
Board of Appeals
Reappoint Edwin P. Whittemore to a term to expire September 30, 2001
Board of Appeals Associates - for terms to expire September 30, 1997
Reappoint Nyles N. Barnert
Reappoint Joseph A. Campbell
Reappoint Natalie Riffin
{
Reappoint Arthur C. Smith
Reappoint Judith Uhrig
Reappoint Carolyn C. Wilson
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Selectmen's Meeting- September 30, 1996 ;E
Cable TV and Communications Advisory Committee
Reappoint Stephen C. Ellis for a term to expire September 30, 1999
Reappoint Theodore Mairson for a term to expire September 30, 1999
Condominium Conversion Board
Reappoint Catherine H. Deans for a term to expire September 30, 1999
Reappoint Daniel J. Griffin, Jr. for a term to expire September 30, 1999
Design Advisory Committee-terms to expire September 30, 1999
Reappoint Karen Bechtel
Reappoint Thomas Coffman
Appoint Bruce Creager
Reappoint John W. Frey
Reappoint Barbara Hulsizer
Reappoint Steven Hurley
Reappoint John Nolan
Reappoint Carl C. Oldenberg
Reappoint Elizabeth C. Whitman
}
Design Advisory Committee Associates-for terms to expire September 30, 1997
Appoint John S. Ellis
Reappoint Richard B. Friedson
Reappoint Robert L. Ossman
Reappoint Walter S. Pierce
Fair Housing and Human Relations Committee -for terms to expire September 30, 1998
Reappoint Florence A. Baturin
Reappoint Michelle Ekanem
Appoint Beverly Earl-Goodridge
Fence Viewers - for terms to expire September 30, 1997
Reappoint Martin A. Gilman
Reappoint William H. Sullivan
Gammel Legacy Trust -for terms to expire September 30, 1997
Reappoint Lois V. Jenkins
Reappoint Jacquelyn H. Ward
Lexington Bicycle Advisory Committee- for terms to expire September 30, 1998
Reappoint Marita Hartshown
Reappoint Robert Sawyer
Appoint Colleen Haggerty
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Selectmen's Meeting - September 30, 1996
Lexington Center Committee- for terms to expire September 30, 1999
Reappoint Robert L. Ossman
Appoint David Williams
Police Manual Policy Committee -for terms to expire September 30, 1997
Reappoint William J. Dailey
Reappoint Edith E. Flynn
Reappoint Chief Chris Casey
Reappoint William C. Hays
Reappoint Gerald L. McLeod
Appoint Cleveland M. Coats, Jr.
Town Report Committee -for terms to expire September 30, 1997
Reappoint John Ayvazian
Reappoint Raymond B. Barnes
Reappoint Stanley Casazza
Reappoint Winifred L. Friedman
Reappoint Robert Morrison
Reappoint Zelda Sokal
t ' Appoint William B. Hoyt
Traffic Safety Advisory Committee- for terms to expire September 30, 1997
Reappoint Peter M. Chalpin
Reappoint William P. Fitzgerald
Reappoint Myla Kabat-Zinn
Reappoint Captain James Kilmartin
Reappoint Ronald E. Marble
Reappoint William F. Mix
Reappoint Roy J. Murphy
Trustees of the Public Trust
Reappoint David Williams for a term to expire September 30, 2002
Lone Range Planning Committee
Appoint Alan J. Lazarus
Appoint Dr. Geza Szoyni
Appoint Donald D. Wilson
Appoint Fernando Quezada
Appoint Phil Jackson
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Selectmen's Meeting - September 30, 1996
Town Manager's Appointments
Upon motion duly made and seconded, it was voted to approve the Town Manager's
reappointment of John Curry to the Council on Aging for a term to expire May 31, 1999.
Massachusetts Teacher of the Year
Selectman Dan Fenn asked the Board to make note of the fact that a Lexington Teacher has once
again received the honor of being named Massachusetts Teacher of the Year.
Upon motion duly made and seconded, it was voted to salute Estabrook School's fifth grade
teacher Leonard Swanton who has been named the 1997 Massachusetts Teacher of the Year.
Executive Session
Upon motion duly made and seconded, it was voted 5-0 by roll call vote: Mr. McSweeney, Mr.
Dailey, Mr. Busa, Mr. Fenn and Mrs. Eddison to go into Executive Session for discussion of land
acquisition matters with no intent to resume open session.
Upon motion duly made and seconded, it was voted to adjourn at 11:30 p.m.
A true record, Attest: _
hylli A. Smith
Executive Clerk