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2008-08-05 CITY OF BEVERLY PUBLIC MEETING MINUTES Date: Board: Members Present August 5, 2008 Conservation Commission David Lang, Tony Paluzzi, Dr. Mayo Johnson, Ian Hayes (8:50 p.m.), Gregg Cademartori, and Bill Squibb Members Absent: Mary Reilly Others Present: Amy Maxner - Environmental Planner Recorder: Eileen Sacco Lang calls the meeting to order at 7:00 p.m. at the Beverly Public Library, 32 Essex Street, Beverly, MA. Certificate of Compliance New: 74 Hart Street - DEP File # 5-916 Glen Urauhart School- Ravmond Nance Maxner informs the Commission that the Order governed the construction of a new classroom facility, upgraded parking, stormwater structure installation and compensatory flood storage grading and other site work within Buffer Zone to BVW, Riverfront Area and Floodplain. She notes that she conducted a site inspection and observed no major non-compliance. She states that there are several plants (trees and shrubs) that are going to be replaced over the weekend, as they are not surviving well and there seems to be, what might be an insect attacking the dogwood plants within the organic filters, which will be looked at by the landscaping company. She states that aside from the plant issues, everything looks to be in compliance and the site is stabilized in all areas and recommends that a Certificate be issued. There being no further questions or comments, Paluzzi moves to issue a Certificate of Compliance for 74 Hart Street. Johnson seconds the motion. The motion carries 5-0. New: 65 Hathawav Avenue. DEP File #5-158 - Karen L'Italien Maxner informs the Commission that the Order, issued in June of 1985, governed the extension of Hathaway Avenue and associated house lots. She notes that she conducted a site inspection and found the site to be in general compliance, explaining that the proposed plan is at a 50' scale and the as-built is at a 30' scale, so dimensions on the two plans look different, but generally the pre-existing stone wall was the limit of work and that has been respected as no disturbance beyond the stone wall is evident. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Certificate of Compliance for 65 Hathaway Avenue, DEP File # 5-158. Johnson seconds the motion. The motion carries 5-0. Beverly Conservation Commission August 5, 2008 Meeting Minutes Page 2 of 13 ReQuest For Determination of Applicability New: 21 Shortmeadow Road - Alfred Villa2racia Maxner reads legal notice. Mr. Villagracia addresses the Commission and explains that he his proposing to cut a tree that is leaning over his shed, install a higher fence, landscaping and to maintain soil that may erode away from the top of his yard. He explains that he was not aware of the wetland regulations when he bought his property and he proceeded to dig a ditch to prevent flooding of his cellar when it rains. Villagracia explains that the tree that is overhanging his shed may be unstable. He also notes that water running down into the wetland is eroding the grass on his property. Villagracia also reports that there is a locked gate at the end of the street. Lang notes that it is not within the jurisdiction of the Commission and recalls that it was the City that put it there to prevent dumping. Lang also informs Mr. Villagracia that his property is adjacent to a wetland and he cannot do any work other than what is described in his RDA application without the approval of the Commission. He suggests that Villagracia contact Maxner before doing any other work on his property. There being no further questions or comments regarding this matter, Paluzzi moves to issue a Negative 3 Determination for 21 Shortmeadow Road. Johnson seconds the motion. The motion carries 5-0. Recess for Public Hearin2s Paluzzi moves to recess for public hearing. Johnson seconds the motion. The motion carries 5-0. Notice of Intent Cont: 3 Melvin Avenue - DEP File # 5-982 - Paul & Catherine Gareri Bob Griffin addresses the Commission on behalf of the applicants and explains that a site visit was held and they received the required variance by the ZBA a couple of weeks ago. Griffin reviews the plans and the area on the plan where they are proposing shrubs to demarcate the lawn area from the salt marsh area. He reviews the plantings and the stormwater management improvements on the site. Beverly Conservation Commission August 5, 2008 Meeting Minutes Page 3 of 13 Griffin reviews comments made by DEP. He explains that they have improved the plantings recommended along both property lines. He also notes that the pervious pavers are intended for stormwater management and not for mitigation purposes. He also notes that the revised planting plan includes the additional plantings. Lang questions what shrubs they are planting along the perimeter. Griffin states that they are planting high bush blueberry, Virginia Rose, Red Oak, Red Maple and White Pine. He notes that there are 42 plantings in all and they will maintain and protect all existing trees. Cademartori questions why the plantings are restricted to the perimeter of the lot and not closer to the resource. Griffin notes that the plantings are being extended on both sides and notes that this lot is very small and they hope to enhance the salt marsh grasses but still allow for some views. Maxner asks if this will be an issue for the Commission and if a special condition can be expected. Cademartori states that he did not realize this plan is a 1"= 1 0' scale and he agrees that the size of the lot would prohibit additional plantings and thinks the proposed planting plan will suffice. Maxner notes that she is not a salt marsh expert and recommends that someone with expertise oversee the salt marsh restoration. Griffin explains that the Chairman of the Danvers Conservation Commission, who is a neighbor, offered to assist them with the restoration of the salt marsh as he has fairly extensive experience in replanting salt marsh on his own property. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the project. Maxner suggests that the plantings should be done prior to construction. Griffin states that he is not sure that would be the best time of year for the planting of the salt marsh. He also notes that there is not much room for storing materials on the site and he is afraid that the plantings will get damaged during construction. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Paluzzi seconds the motion. The motion carries 5-0. Cont: 90 & 92 Boyles Street. DEP File #5-974 & #5-972 - Carl Dumas Maxner informs the Commission that the applicant has requested that the matter be continued until the August 26, 2008 meeting. Johnson moves to continue the public hearing to the August 26, 2008 meeting. Paluzzi seconds the motion. The motion carries 5-0. Cont: 232 & 234 Essex Street - Demolish Existin2 Structures and Construct a Child care Facility - Robert Walker Beverly Conservation Commission August 5, 2008 Meeting Minutes Page 4 of 13 Maxner explains that she received the report from VHB relative to compliance under the Act and Ordinance and the Stormwater Regulations for this project. She explains that the report has been forwarded to Hancock and they will be working on addressing VHB' s comments. She also notes that our consultant at VHB who did the review will be on is on vacation this week and requests that the Commission continue the hearing to August 26,2008. Johnson moves to continue the public hearing. Paluzzi seconds the motion. The motion carries 5-0. Cont: ReQuest for Amended Order of Conditions - Settlement Plan - Chapman's Corner Estates Cluster Subdivision. DEP File #5-862 - Matthew Kavanagh & Manor Homes at Whitehall, LLC Bob Griffin, Matt Watsky, Dennis Crimmins, Tom Alexander, Bill Manuell, Matthew Kavanagh, David Carnevale and Henry Bertolon are present for the applicant. Attorney George Hall is present representing the Commission. Maxner reads Certification of Evidence Review on behalf of Johnson. Maxner explains that both the applicants' legal team and Attorney George Hall on behalf of the Commission have reviewed a draft Order of Conditions. Hall explains that he drafted a Conservation Restriction and reviews it, noting that it is a standard model recommended by EOEA with reference to activities approved by the Order of Conditions and settlement plan. He explains that if the application to EOEA is not approved the applicant has the option to deed the open space parcel as well as oversight of the no cut zone to the City and Conservation Commission. Maxner questions if it is not deeded to the City, who would own it. Crimmins explains that the Planning Board may require that it be conveyed to the homeowners association or to the City. He notes that the City would act by and through the Conservation Commission. Cademartori refers to condition #24 and questions what the 6" diameter refers to (height or grade), noting that it preserves the larger trees but there is no mention of smaller shrubs or saplings. Crimmins explains that there was a concern by the neighbors that they did not want substantial clear cutting of larger trees. He notes that a no cut area has been expanded. Cademartori states that he is concerned that it gives a fair amount of latitude and he wants to be clear what the conditions mean. Hall referred to sheet L3 and the reviews the no disturb areas. Cademartori states that the language in condition 24 should mirror the Conservation Restriction. Beverly Conservation Commission August 5, 2008 Meeting Minutes Page 5 of 13 Lang questions when the road grading and construction would begin. Griffin states that they would like to start work this fall and would like to get a substantial amount of road construction done before the snow flies. Hall states that he is concerned that the lots should not be conveyed before the Conservation Restriction is in place. He notes that if everything moves along smoothly it could be in place in 6 weeks. Crimmins states that he is concerned that EOEA can take a long time to approve it and may not accept the no-cut parcels as part of it. Discussion ensues regarding the approval of the Conservation Restriction prior to the commencement of activity. Cademartori states that he would like to put a deadline on the submission of it to EOEA and some sort of default transfer of the parcel if it fails to get approved. Hall disagrees and notes that there could be a hang up at any step in the process and suggests three months should be sufficient time to get it done. Attorney Alexander notes that the Beverly Land Trust wants to take this slow because it is the first CR they have ever been involved in and they are seeking separate counsel to review it. Hall notes that if the applicant and the Commission can agree to this Conservation Restriction and the applicants' team submits it in a timely manner, it could be in place in 3 or 4 months. Crimmins expresses concern that EOEA may kick it back because of the restriction on individual house lots. Hall states that he is not concerned about that because of the extent of the open space and the fact that these lots enhance an existing open space area. Hall suggests that they could commence work to a certain point before the Conservation Restriction is approved. Squibb notes that there is a mutual interest in getting this done as soon as possible and would like to see it approved before work begins. Alexander suggests that the Certificate of Occupancy could be conditional upon the approval of the Conservation Restriction. Maxner questions how that would be policed. Alexander suggests that there could be a covenant with the Planning Board that they could not convey a lot until they comply with the requirements of the plan. Lang states that he feels that the Conservation Restriction should be in place before any of the lots are conveyed. He also suggests that the Commission put a 6-month time frame on the approval of the Conservation Restriction. Cademartori agreed as long as there is no conveyance of the lots until the Conservation Restriction is in place. Alexander requests that the lots in the project that are not in the jurisdiction of the Commission not be included in that restriction. Hall notes that they are trying to settle litigation and he wants to be sure that the agreement is effective. Beverly Conservation Commission August 5, 2008 Meeting Minutes Page 6 of 13 Squibb notes that if the Commission is in favor of the Conservation Restriction the Land Trust should follow suit. Hall suggests that he would be willing to work with the Land Trust to be sure that they understand what is proposed and to help them get through the process. Maxner reviews the draft Order of Conditions with the Commission and those present. Lang suggests that Condition #23 be revised to include language that no conveyance of any lot shall take place until the Conservation Restriction is in place. Lang also notes that the language in Condition #24 should be consistent with the Conservation Restriction. Condition # 1 0 - Prior to any work within the jurisdiction of the Commission the final Order of Conditions should be recorded. Condition # 13 - Griffin expresses his concern that as it is worded it implies that the Certificate of Compliance would be needed for roads before the construction of the lots can take place. Griffin suggests language that states that construction-sequencing plan will include provisions that govern work in the sub catchment areas to insure that the work is complete before construction of the lots takes place. Squibb questions conditions 17 & 18 regarding the water quality of the vernal pools. Maxner notes that these particular conditions were objectionable to the applicant. Maxner continues reviewing the conditions: Condition #25 - the limit of the No Cut No Disturb Zone shall be marked and a plan should be filed 120 days prior to the commencement of construction. Condition #36 - Delete reference to settlement plan agreement. Condition #37 - Delete reference to Condition #28. Condition #54 - Delete entire condition. (Same as condition #49). Crimmins refers to Condition #23 and suggests that a date of February 1, 2009 be inserted as the CR approval deadline date. He also suggests that they be given a date by which to file for the approval with EOEA and suggests 30 days which would be September 5,2008. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on this matter. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Paluzzi seconds the motion. The motion carries 5-0. Beverly Conservation Commission August 5, 2008 Meeting Minutes Page 7 of 13 Cont: 44 & 30 Boyles Street (Lot 27. Chapman's Corner Cluster Subdivision) - Construct Sin2le Family Dwellin2 - Matthew Kavana2h & 30 Boyles Street Trust Maxner reads Certification of Evidence Review on behalf of Johnson. Bob Griffin, Bill Manuell, Dennis Crimmins, Atty. Tom Alexander and Matthew Kavanagh are present to represent the petition. Griffin addresses the Commission and reviews the plans. He notes that they are proposing a retaining wall along the No Cut Zone and explains the location. He notes that this filing is under the City of Beverly Conservation Ordinance only, as activity is within the Buffer Zone to the IVW. He states that the installation of the retaining wall will be the first order of business on the site. He notes that construction has been pushed as close the road as possible to avoid buffer impact. Maxner asks if dry wells are proposed. Griffin states yes and identifies the locations on the plan. Squibb questions the driveway runoff. Griffin explains the sheet flow and notes the areas on the plan and explains the infiltration. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the project. Squibb expresses concern about the back splash from the pool. Griffin suggests that they could discharge into the drywell or to the lawn. Griffin also suggests that the Commission could specify that no chlorine be added to the pool two weeks prior to the draw down at the close of the season. Paluzzi asks if the retaining wall will be poured concrete. Griffin states no, it will be a segmented block construction with geotextile fabric and crushed stone for base with no fitting and that it will be about 10 feet high at its highest point. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Johnson seconds the motion. The motion carries 5-0. Hayes arrives. Cont: 100 Sohier Road. Beverly Hi2h School- City of Beverly Maxner reads Certification of Evidence Review on behalf ofCademartori. Ben Gary, of Marshal Gary, is present at the meeting on behalf of the City of Beverly. Dian Vellardochia peer reviewer, of CDM, is present on behalf of the Commission Beverly Conservation Commission August 5, 2008 Meeting Minutes Page 8 of 13 Gary reviews the revised plans with the Commission based on comments made at the site inspection and previous hearings. He notes that the backstop at the softball field has been moved 20 feet further away from the resource area. Gary notes that they have added 16 trees to enhance the vegetation near the grandstands within the 25-Foot No Disturb Zone, including 2" to 3" caliper red maples, hemlocks, and tamarack. Gary explains the alternates for the project and notes that if the money is available for them and the School Building Authority approves them, they will be included in the project. Lang asks how the artificial turf will affect the drainage on the site. Gary explains that if they replace the field with turf the percolation will remain the same if not better. He also explains that a benefit of the turf is that no chemicals or pesticides are used and it can be used for multiple activities. He adds that flood storage capacity has been increased by 137,000 gallons and explains the cuts and fills on the site. Cademartori asks Vellardochia if it is allowable to create flood storage within existing floodplain. She states that she has reviewed the flood storage calculations and found them in compliance with the performance standards and notes that they are compensating at each elevation appropriately. Maxner clarified asking that if the alternate regarding the grandstand is not included in the project then the proposed work for that area will not be done including the proposed trees. Gary reviews the work that is included in the base bid, and confirms that if it is not funded the work will not be done including the trees, unless the Commission insists otherwise. Bill Maher addresses the Commission and reviews the comments made by CDM and their responses to them. Bypass units have been included in the two vortechnics units as suggested. The pipe sizes on the have been corrected on the site plans to match the drainage capacity spreadsheet. Groundwater infiltration has been addressed to increase recharge and these calculations have been modified to reflect 140 cubic feet of recharge in type D soils for conservative estimates. He goes on to review the remaining modifications made in response to CDM's comments. Squibb notes that there is some fill material near the headwall of the swale running off of the solar panel hill and questions if it is there to control the flow to the swale. Gary states that they will take a look at it, noting that it is a mess down there. Squibb would like for all foreign material to be removed from that swale and near the headwall. Gary agrees to have that looked at. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on the project. Hayes states that it is nice to see a project where the recommendations of the Commission are considered and implemented. Beverly Conservation Commission August 5, 2008 Meeting Minutes Page 9 of 13 Maxner states that she is concerned that if alternate # 1 goes away the proposed trees will not be planted. Gary states that if it is in the Order of Conditions he will relay that concern but he is hesitant to volunteer to add anything to the project. Cademartori asks if there is anything planned to address the erosion behind the present baseball field and hopes that the City will coordinate this effort with the North Beverly Brook project. There being no further questions or comments regarding this matter, Paluzzi moves to close the public hearing. Squibb seconds the motion. The motion carries 6-0. Order of Conditions 100 Sohier Road Members discussed potential conditions and agree to standard conditions and the following special conditions: 1. As depicted on "Layout and Materials Plan, L-2 Alt 1&2" prepared by Marshall Gary, LLC, scale 1"=30' dated June 12, 2008, revision dated July 30, 2008, the proposed plantings (6 Acer rubrum at 2 IIz" to 3" caliper; 6 Tsuga Canadensis at 8' to 10'in height; 3 Betula nigra at 2 IIz" to 3" caliper and 3 Larix laricina at 8' to 10' in height) shall be installed regardless of whether Alternative 1 is funded. The Commission is aware of proposed work on the North Beverly Brook Drainage Project which will involve work on the bank of the brook in the vicinity of these proposed plantings and expects coordination by the City and its contractors on both projects to coordinate the optimum time to install said trees so they are protected from work or installed after bank work is complete. 2. All foreign material and other debris shall be removed from the drainage swale, including any dumped soil or fill within the channel or at the headwall. Paluzzi moves to approve the Order of Conditions for 100 Sohier Road as discussed. Johnson seconds the motion. The motion carries 5-0-1 with Lang abstaining. Hayes leaves the meeting at 9:30 p.m. Cont: 76 Paine Avenue. DEP File #5-980 - construct tennis court. landscapin2. compensatory flood stora2e - John Swansbur2 Maxner recalls that the Commission voted to secure an independent peer review with VHB, and are awaiting a check to be submitted by the applicant for that review. She requests that the matter be continued to the August 26, 2008 meeting. Paluzzi moves to continue the public hearing for 76 Paine Avenue. Johnson seconds the motion. The motion carries 5-0. Beverly Conservation Commission August 5, 2008 Meeting Minutes Page 10 of 13 New: 167.171.175.179 & 183 West Street - Massachusetts Electric Company Maxner reads legal notice. Phil London and Alicia Kabir from ERM are present on behalf of the applicant. London addresses the Commission and explains that the work involves removal of existing overhead utility poles and associated overhead wires, burying of electrical conduit and installation of new handholes and transformers within Riverfront Area, Salt Marsh and Land Subject to Coastal Storm Flowage. He explains that they will be removing overhead lines on West Street and notes that there are five properties involved with this project at the end of West Street. He explains the plans and the locations of the lines to be replaced. London explains the resource areas and impacts thereto noted on the plans. Squibb suggests that the Commission hold a site inspection and requests that the engineer for the project be present. Cademartori suggests that they shift the handhole 20 feet from the existing pole and asks what the impact of that would be. He notes that his concern is that if there is a way to avoid the resource area then that option should be pursued. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on this project. It was suggested that a written explanation be submitted as to why this location is in a salt marsh. There being no further questions or comments regarding this matter, Paluzzi moves to continue the public hearing to August 26,2008, pending a site visit on August 16,2008 at 8:30 a.m. Squibb seconds the motion. The motion carries 5-0. New: 101 West Street - West Development DEP - File # 5-989 - LLC c/o Robert & Michael Hubbard Maxner reads legal notice. Bob Griffin and Robert Hubbard are present on behalf of the petition. Griffin addresses the Commission and explains that the Commission approved an Order approving construction of a new house about a year ago for this lot. He notes that the neighbors appealed the decision and DEP issued a superseding Order of Conditions affirming the Commission's decision. He provides a brief overview of the previous plan. Griffin explains that the flood zone has been revised and gives the Commission an email confirmation from FEMA of the approval of the new revised flood zone, noting that V2 Zone is Beverly Conservation Commission August 5, 2008 Meeting Minutes Page 11 of 13 now at elevation 13. He reviews the elevations on the plans and the changes that were approved. He reviews the locations of drywells on the plan. He explains that the house has been pulled 35 feet from the seawall Johnson expresses concern about Flood Zone C in this area based on his knowledge of the extent of flooding in this area of West Street. Cademartori agrees and expresses concern about the location of Flood Zone A that virtually surrounds the lot in every direction, noting that it is an interesting compilation of zones. Griffin explains the basis for the revised flood map and the computer modeling that CLE had done in support of the map change request. Maxner states that she spoke with Attorney Tom Fallon and there is concern about the use of a wooden sand fence and the ability of West Beach residents to pass through there. She suggests that they replace the fence with signage. Griffin explains that DEP modified the original split rail fence with a sand fence with wooden posts. He also states that there should be plenty of room to walk the beach, but notes that there intent is to move people away from the private stairs. Maxner states that she did not realize that DEP modified the plan specifically for this. Lang opens the hearing up for public comment at this time. There is no one present who wishes to comment on this project. Maxner apologizes for failing to bring an email from an abutter, Richard Harrison, which expressed his concerns about the project. She states that she did not read it as she received it late this afternoon, so she is unable to convey to the Commission what his concerns were. There being no further questions or comments regarding this matter, Johnson moves to close the public hearing. Paluzzi seconds the motion. The motion carries 5-0. Old/N ew Business 10 Birchwoods Drive - Minor Modification to Approved Plan Maxner reminds the Commission issued an Order allowing the installation of an in-ground pool, and the applicant, Jessica Crocker, is asking for a Minor Modification to change the proposed pool decking and layout. She notes that she included the request and revised plans in the packet and explains that Crocker is asking to change part of the deck material to a poured concrete. She explains that the circular sitting area will be porous pavers, and the walkway leading from the top of the lawn will be removed and replaced with stepping stones and grass and more landscaped green space will be installed closest to the wetland end of the pool. Maxner notes that she has been to the site and is comfortable with the changes. Beverly Conservation Commission August 5, 2008 Meeting Minutes Page 12 of 13 There being no further questions or comments regarding this matter, Paluzzi moves to approve the minor modification for 10 Birchwoods Drive. Johnson seconds the motion. The motion carries 5-0. 50 Hillcrest Avenue and 50 Ashton Maxner explains that she would like the Commission's consensus as to whether an open channel is a jurisdictional stream or just a conveyance for road runoff behind 50 Hillcrest Avenue and 50 Ashton. She explains that she has been out there but is uncertain as to whether this is truly a stream or not. She requests that the Commission schedule a site inspection to take a look at this. Lang agrees and suggests that the Commission visit the site on August 16, 2008 at 9: 15 a.m. 18 Lon2meadow Road - Sebastian Barcelar Maxner explains that Mr. Barcelar, of 18 Longmeadow Road is planning to do some work on his property within the Buffer Zone and explains that there are two concept plans and a deck layout which he has reviewed with her. She explains that he probably has room to stay 25' off the rear property line, which is basically the wetland line and questions if this should be filed as an RDA or NO!. Members review the two concept plans and agree that and RDA would be sufficient for Concept Plan "B" , Concept "A" would require an NOI as there is more activity proposed. Order of Conditions 3 Melvin Avenue Members discussed potential conditions and agree to standard conditions and the following special conditions: 1. The float shall be stored in an upland area, not within the Salt Marsh or within the 25- Foot No Disturbance Zone. This Condition shall remain in effect in perpetuity beyond the issuance of a Certificate of Compliance. 2. The applicant shall secure the guidance of someone knowledgeable in salt marsh restoration to ensure proper installation and survival of newly planted salt marsh grass. 3. The applicant shall provide brief annual monitoring reports/summaries with photographs and description of salt grass planting efforts and estimation of overall plant survival for two (2) growing seasons after restoration. The Commission issues this condition in order to ensure satisfactory results are achieved for this proposed mitigation. Paluzzi moves to approve the Order of Conditions for 3 Melvin Avenue as discussed. Johnson seconds the motion. The motion carries 5-0. Beverly Conservation Commission August 5, 2008 Meeting Minutes Page 13 of 13 101 West Street Members discussed potential conditions and agree to standard conditions and the following special conditions: 1. Prior to work commencing, the applicant shall submit the final FEMA Map Amendment and Letter to the Commission for its files. Paluzzi moves to approve the Order of Conditions for 101 West Street as discussed. Johnson seconds the motion. The motion carries 5-0. Approval of Minutes The minutes of the Beverly Conservation Commission meeting held on April 29, 2008 were presented for approval. Paluzzi moves to approve the minutes as amended. Johnson seconds the motion. The motion carries 5-0. Adjournment There being no further business to come before the Commission this evening, Paluzzi moves to adjourn the meeting. Cademartori seconds the motion. The motion carries 5-0. The meeting adjourns at 11 :00 p.m.