HomeMy WebLinkAbout2019-8-14ConCom _Minutes for August 14 2019 adopted Aug.28
CONSERVATION COMMISSION
PUBLIC MEETING
2 Bathing Beach Road -
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Nantucket, Massachusetts 02554
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,X'ednesdav, August 14, 2019
4 Fairgrounds Road, Training Room — 5:00 p.m. '�=' "i� 9'
Commissioners: _Ashley Erisman (Chair), Ian Golding (Vice Chair), Ernie Steinauer, David LaFleur, Joe Topham,
Seth Engelbourg, and Maureen Phillips
Called to order at 5:04 p.m.
Staff in attendance: Jeff Carlson, Natural Resources Coordinator; Joanne Dodd, Natural Resources Office -administrator;
Terry Norton, Town Minutes Taker
:Attending Members: Erisman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
.Absent Members: Topham
Late _arrivals: None
Earlier Departure: '_done
.Agenda adopted by unanimous consent
°.\latter has not been heard
PUBLIC MEETING
A. Announcements
B. Public Comment
1. Maria Zodda, 3 Dionis Beach Road — Regarding Dionis Beach access: Read a letter signed by abutters to the board
requesting the owner of the property at 25 East Tristram _venue to allow neighbors use of the ladder on their properr
at 25 East Tristram _-Avenue to access the beach. She and her neighbors can't access the beach safely because of
ConCom's actions on the bluff; in the future, the ConCom should monitor the amount of sand deposited.
Erisman — That is not within our jurisdiction; suggested they contact the homeowner directly.
11. PUBLIC HEARING
A. Notice of Intent
1. Mart- D. Starr — 19 East Creek Road (55-60) SE48-2985 (Cont. 08/28/19)
2. Gregory Reyes — 19 East Creek Road (55-60) SE48-3065 (Cont. 08/28/19)
3. Gisela Leinhard — 11 Jonathan Way (75-42) SE48-321'
Sitting Erisman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Jeff Blackwell, Blackwell & _-Assoc.
Public None
Discussion (5:u8) Blackwell — Requested a continuance for 2 weeks
Staff None
\lotion Continued to _August 28 by unanimous consent.
Vote N/A '
4. I,otte Leschly QPRT & Jan Leschly APRT — 65 Squam Road (13-15) SE48- 3233(Cont. 08/28/19)
5. 115 Baxter Rd, LLC and 117 Baxter Rd, LLC — 115 & 117 Baxter Road (75-42) SE48-3232(Cont. 08/28/19)
6. Andrew O' Brien Living Trust and Sonja Anderson Living Trust — 13 C Street (60.1.2-'6) SE48-322"
Sitting Erisman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative .Art Gasbarro, Nantucket Engineering & Survey
Public None
Discussion (5:08) Gasbarro — Creation of path to and elevated walkway across a saltmarsh to access Hither Creek; were waiting
for a file number, which has been received. This qualifies as a water dependent use.
Erisman — _asked if the grass path will be mown or if sod will be planted. Previous order said no fertilization
and no irrigation; would prefer that be carried over to this.
Gasbarro — The turf and grass walking path is ven� narrow and mowing will be to widen it. It can be
conditioned that it not be sodded and no fertilizer use. Right now, the path is like lawn edge.
Staff Have even -thing needed to close.
Motion Motion to Close. (made by: Phillips) (seconded by: LaFleur)
Vote Carried unanimously
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ConCom -Minutes for _August 14, 2019, adopted Aug. 28
102 \Vauwinet Road Nominee Trust— 102 Wauu-inet Road (11-24.2) SE48-3_'2_'
Sitting Frisman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Brian \Sadden, LEC Environmental
Public None
Discussion (5:13) Madden —The boardwalk portion of the proposal has been eliminated and plans updated accordingly.
Staff Have even -thing needed to close.
\lotion Motion to Close. (made by: Steinauer) (seconded by: Engelbourg;
Vote Carried unanimous)
8. *Nantucket Property Trust — 13 1 Jallowell Lane (30-11) SE48-
Sitting Frisman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Art Gasbarro, Nantucket Engineering & SurveC
Lee Weisher, Woods Ilole Group, Inc.
Public None
Discussion (5:15; Weisher — _asking to repair 123 feet of existing bulkhead with sheathing and cap and repair one grom; the
other groin was previously repaired. _Access will be from Hollov-ell Lane u-ith a sand ramp over the bank.
Golding — asked if the height of the bulkhead is being raised.
Weisher — No.
Steinauer — Thinks this is an opportunity- to add mitigation between the groins.
Weisher — The sand from the ramp .vill be left for sand nourishment.
Gasbarro — Doesn't believe there is much erosion here. He's noticed there's a small bit of erosion due to
height but not enough to calculate the annual erosion. Because of the groins, the beach is fairy high.
Golding — Suggested measuring the mean high tide for a couple of rears to ascertain a possible erosion rate.
Gasbarro — A 1930s land -court plan showing a mean high tide line indicates almost the same shore line
2019.
Phillips — _Agrees xvith \1r. Steinauer about taking this opportunity- to monitor and mitigate.
Gasbarro — Looking at the context of this propem-, we're in the noddle of a grom field, so doesn't Th—Ink
there is the possibihn of end scour. \l e will provide pre- & post -construction survey, and reports.
Engelbourg —Asked about the construction protocol for replacing timber pilings.
Weisher — Vibrate pylons loose then lift out then vibrated into place. No debris should be generated.
Gasbarro — hlaving monitored repair of other groins, the piles aren't hammered. They go in easil,, due to t_
-e
sandy conditions. We have a file number but waiting on Massachusetts Natural Heritage so need
continuance.
Staff The land court map \Ir. Gasbarro referenced is from 1933.
\lotion Continued to _august 28 by unanimous consent.
Vote N/_1
9. . Ceylon Elves, LLC — 3 W\-ers Way Lot A (41-380) SE48-3230
10. Ceylon Fives, LLC — 3 \V'yers Way Lot B (41-380) SE48-3229
Sitting Frisman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative David M. Haines, Haines Hydrogeologic Consulting
Public Afchael Giaimo, dT West Chester Street
Discussion (5:3u> Haines — This is for removal of an existing structure and redevelopment of the M -o lots with pools and
driveways. The wetland boundan- was approved in an RDA from 2018 and is still valid. Existing lawn along
the boundan- has been encroached upon with japanese hnotuweed. Site has a high-water table at elevation I
Both lots will be filled with 2 -feet of fill to maximize separation from the water table. Houses will have craw'.
spaces but there will still be a need for a waiver for the 2 -foot separation: he hopes the, Wont have to
dexvater. Been monitoring the water table since November 2018. _\ silt fence �vill be installed and monitored.
Proposing to remove the knotweed by cutting in the non -growing season then the following ',ear rotor the
sprouts; lastly remove the top soil, resod, and replant the 25 -foot buffer , ith native vegetation. -�skmg for
waiver for the work v6thin the buffer zone based upon a net benefit.
Steinauer — Suggested letting the knotveed die this year then mow and tip into the soil. IT a on't resprout t
year. A\hen it comes back up in the Spring, treat it with triclopyr then keep mowing it down until abo�t
-August; at which time let it get leaves so that it can be treated again. It's better to kill it from the top rather
than digging it out.
Erisman — She appreciates restoring the buffer but can't justify this level of development -,vnh the
groundwater level and so little restoration.
Engelbourg — I le's concerned about that as well but doesn't understand h0vy the proposal would be a long-
term net benefit. There will be disturbance of the 23 -foot buffer dozing the restoration %vork then there's the
work within the 50 -foot buffer; in his mind that is a net loss. The area of the proposed mitugauon
insufficient to justify the area of the driveway.
Haines — The driveway isn't a structure; he can come back -with the exact area of the dnyewa,,- and nuuganon.
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ConCom Minutes for August 14 2019 adopted Aug 28
Golding — A lot of the groundcover is outside the 100 -foot. However, there is a staggering amount of
development and doesn't know how it will impact the wetland going forward.
Giaimo — His concern is the amount of fill ending up higher than his property causing runoff.
Erisman — We could request monitoring of the rain runoff.
Engelbourg — _asked if there is way to eliminate the issue about 2 -foot separation.
Golding — _asked about the grade change.
Haines — Currently the grade is around elevation 15 and bringing it up to elevation 1 .5; don't want to bring
it higher than the surrounding properties. _asked for a 2 -week continuance.
Staff None
Motion Continued to _august 28 by unanimous consent.
Vote N/A
11. '"Phil Pastan — 111 Eel Point Road (32-3) SE48-3231
Sitting Erisman, Golding, Steinauer, LaFleur, Phillips (Engelbourg Recused)
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative Stan Humphries, Environmental Consulting & Restoration, LLC
Public R.J. Turcotte, Nantucket Land Council
Discussion (5:56) Humphries — Resource areas are all coastal dune and coastal bank. The structure was built in 19-8.
Explained the erosion situation. Propose 2 protections in place: sand -drift fences and sand -filled coir rolls for
about 165 feet of the propertm .
Phillips — _asked if the property- extends beyond the coir rolls.
Humphries — They will tie into an adjacent set of rolls on one side and return 15 feet before the end of the
property on the other side. The dunes contribute about 250 cubic yards (C'�� of sand nourishment.
Erisman — _Asked if the structures have been moved back.
Humphries — There are two old foundations; the building has been moved landward twice. Issues with
moving farther landward include: loss of ocean view, puts the septic higher than the house, and the cost. For
construction of the rolls, we will use the same contractor as the neighbor into which the array will tie.
Erisman — _asked if there is still a coastal dune.
Humphries — There are photos indicating dunes have come back.
Turcotte — The dune is at the foot of the bluff along the beach and this is a CES. Ensured the posts would
not be run into the dunes since the coastal erosion structure can't be on top of the dune. The cost of moving
the structure landward isn't within ConCom jurisdiction.
Golding — _argues since it is registered as built in 1978, it doesn't qualify for protection. He feels ven- %van -
about this. The bottom line is the house can be moved back. Takes issue with the cost of moving being an
issue.
Steinauer — We should get a specific date on the completion of the building and the enactment of the law-.
Humphries — State regulations specify the NOI file by date or the date construction began.
Golding —Moving is definitely an alternative when we are to ing to protect the environment.
Erisman — Her problem hinges on how this CES will interact with the coastal dune.
Steinauer — If this dune has been stable for a period of time then there's one storm, the erosion could be an
anomaly. Also wonders if the dune is there because of the sand drift fence or has it always been there.
Pastan — We built the house in the 1970s; at that time there was no dune; it built up over the years then about
years ago disappeared. Even- year we've put in the snow fence to hold sand; last vear it worked well.
Humphries — There will be 200 CY of sacrificial sand.
Steinauer — We need to look at the long-term average erosion rate.
Erisman — Read Performance Standard 6 concerning coastal dunes.
Steinauer — Suggested removing the fence to prove it isn't an artificial dune; if the dune disappears, calculate
the loss and come back for protection. Pointed out that a dune is usually covered with dune grass; this is sand
piled up around the fence.
Golding — He feels this is at best an artificial dune and doesn't qualiffi for protection. To him it doesn't look
like a dune.
Erisman — She wants to see if a dune is going to establish itself, that takes time. If we permit the protection,
we prevent that bank from coming back. Also, the dune is 10 feet wide, which is significant.
Steinauer — _asked what the abutting structure is; doesn't recall permitting rolls in a long time. The
combination of the fence and envelops is a structure; individually they are not.
Humphries — asked for a 4 -week continuance.
Staff Most projects along that stretch have converted to the Wilkinson array.
Motion Continued to September 11 by unanimous consent.
\-ote N/A
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ConCom Minutes for _August 14, 2019, adopted _Aug. 2S
12. 'Constance & Thomas Cigarran — 25 East Tristam _Avenue (31-11 SE48-
Sitting Erisman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Represell tit tive _1rt Gasbarro, Nantucket Engineering & Surve�-
Public None
Discussion (6:3n) Gasbarro — This is for seasonal beach stairs from top of a timber bulkhead to beach. Owner did not realve
thev- needed a permit. There is no cutting involved.
Steinauer — It seems permittable.
Gasbarro — _Asked to continue for a Department of Environmental Protection file number
Staff I le'll draft a positive order for this.
\Iotion Continued to _August 28 bt- unanimous consent.
Vote N/.A
13. 'Sara & Phomas D.C. Brown & Little — 9 North _Avenue (42.4.4 — 58) SE48-
Sitting Erisman, Golding, Steinauer, LaFleur, Phillips (Engelbourg recused;
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative _Art Gasbarro, Nantucket Engineering & Survey
Public None
Discussion (6:33) Gasbarro — This is for residential redevelopment within land subject to coastal storm flowage and a bordering
vegetated wetland buffer. Detailed the proposed work: more structures out of the zoning setback. renovate_
raise, main -house addition, replace asphalt with pervious surface, and install subsurface propane tank. Thi- t= a
long-term net benefit with the removal of the asphalt.
Erisman — Without defined parking, she's concerned about velucles ending up parking m the A-etland buffer-
Gasbarro — He'll check with the applicant about that. _Asked for a 2 -week continuance
Staff Vhen we did our field visit, noted there was some parking on the lawn adjacent.
\Iotion Continued to .August 28 by unanimous consent.
Vote N/:V
14. 'Nantucket Islands Land Bank — Long Pond (N %_A -N, _A) 5E48-3_228
Sitting Frisman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports. correspondence and video.
Representative Rachael Freeman, Nantucket Islands Land Bank
Bob Wilhams, Nantucket Pond Coalition
Public None
Discussion i6: w� Freeman — This is for phragmites control on east side of Long Pond. This is a continuance of the on-gow^_F
Pond Coalition control project.
Erisman — We've required mapping of where native plants come back.
Williams — Introduced the video.
Phillips —The work thus far has really- opened up Long Pond access.
Staff Tlle�- provided a side-bN--side video monitoring of the Pond Coalition treatment areas. He',%ill post the vtde,�
link.
\Iotion Motion to Close. (made b%-: LaFleur) (seconded by: Phillips;
Vote Carried unanimoush-
B. Amended Orders of Conditions
1. The I'state of Lee Rand Burne — 55 Grove Lane (41-419) 5E48-3133
Sitting I nsman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Represen tit tive Alark Rits, Site Design Engineering
Public None
Discussion (6:4x; Rits —This amendment is for a final house design, plot reconfiguration, and addition of a shed.
Staff.1 lot of this qualifies as a minor mod; the shed makes it an amendment since it's neer.
\Iotion Motion to Close and issue. (made by: Steinauer; (seconded bN-: Phillips
Vote Carried unanimoush
111. PUBLIC MEETING
C. Requests for Determination of Applicability
1. National Grid — 283, 28-, 289 Hummock Pond Road (83-6,39,4)
Sitting Erisman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative _Amanda I loule, Environmental Scientist, Tighe & Bond, Inc.
Public None
Discussion (6:52; Houle — Relocation of utilities away from the u-aten work «ill be within buffer to a beach. coastal bank and
on it barrier beach.
Discussion about how to condition removal of the existing electrical lines.
Steinauer — We need to see the restoration plans for the areas where hues are removed.
Staff Recommend this be issued as a Negative 2 and Negative 3 for work within resource area.
The board can add a comment that sacs all existing electrical lines to be removed upon exposure.
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ConCom \hnutes for August 14, 2019, adopted Aug. 28
\lotion Motion to Approve as recommended and the line to be removed when there is 4 -feet of exposure.
(made by: Steinauer) (seconded by: Engelbourg)
Vote Carried unanimously
D. Minor Modifications
1. Ivanov —139 Polpis Road (44-7.2) SE48-3082
Sitting Erisman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Site and topographical plans, photos, requisite departmental reports and correspondence.
Representative _Art Gasbarro, Nantucket Engineering & Survey
Public None
Discussion (7:04) Gasbarro — This is for revised grading and a 1 -foot -high earthen berm to direct water floe- into a man-made
pond; work is within buffer to a bordering vegetated wetland.
Erisman — Would prefer use of more plants to absorb water rather than push it away.
Staff None
\lotion Motion to Approve as a minor modification. (made by: LaFleur) (seconded by: Engelbourg)
Vote Carried unanimously
E. Certificates of Compliance
1. Jennifer Silver — 45 Starbuck Road (59.3-50) SE48-2571
Sitting Erisman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Staff Work was completed in compliance. Recommend issue.
Discussion (7:11) None
\lotion Motion to Issue. (made by: Steinauer) (seconded by: Engelbourg)
Vote Carried unanimously
2. Bradley & Jeanmarie Brewster, Trustees — 29 Walsh St (29-81) SE48-3143
Sitting Erisman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Staff Work was completed in compliance. Recommend issue.
Discussion (7:12) None
\lotion Motion to Issue. (made by: Engelbourg) (seconded by: Steinauer)
Vote Carried unanimously
3. David howitz — 323 Polpis Road (25-9.2) SE48-3001
Sitting Erisman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Staff Recommend issue with on-going conditions related to the pool
Discussion (7:12) None
\lotion Motion to Issue as recommended. (made by: Golding) (seconded by: Steinauer)
Vote Carried unanimously
4. MonomoN-, LLC — 20 'Monomoy Road (54-145) SE48-2952
Sitting Erisman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Staff Asked for a continuance to August 28.
Discussion (7:13) None
\lotion Continued to August 28 by unanimous consent.
Vote N/_\
5. Lane — 74 West Chester Street (41-478) SE48-432 (Reissue)
Sitting Erisman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Staff Recommend this be reissued.
Discussion (7:13) None
\lotion Motion to Reissue. (made by: LaFleur) (seconded by: Steinauer)
Vote. Carried unanimously
6. Town of Nantucket — 54 Low Beach Road (74-4) SE48-3079
Sitting Erisman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Staff Recommend issue.
Discussion (7:14) None
\lotion Motion to Issue. (made by: Steinauer) (seconded by: LaFleur)
Vote Carried unanimously
F. Orders of Condition
1. Andrew O'Brien Living Trust and Sonja Anderson Living Trust — 13 C Street (60.1.2-76) SE48-322"
Sitting Erisman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Draft Order of Conditions
Staff Will add Condition 20 no irrigation & no fertilizer.
Discussion (7:14) Golding — Need to add no fertilizer & no irrigation.
\lotion Motion to Approve as amended. (made by: Golding) (seconded by: Steinauer)
Vote Carried unanimously
Page 5 of 6
ConCom'\linutes for _August 14 2019 adopted Aug 2
2. 102 Wauwinet Road Nominee Trust - 102 Wau-inet Road (11-24.2) SY48-32'_2
Sitting I nsman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Draft Order of Conditions
Staff Simple and straight forward.
Discussion (7:17) None
\lotion Motion to Approve as submitted. (made I)\: Golding) (seconded bY : LaFleur;
Vote Carried unanimoush
3. Nantucket Islands band Bank - bong Pond (N / A-N;'_A) SE48-3228
Sitting Erisman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Documentation Draft Order of Conditions
Staff Condition 26 addresses proving native species survival; explained how that regwres data collection.
Discussion (7:18) Golding - Would like data collection added.
Steinauer - Need something about revegetation.
\lotion Motion to Issue as drafted. (made by: Stemauer) (seconded by: Golding;
Vote Carried unanimoush
G. Extension Requests
2. -8 Wau-inet Road, LLC - -8 Wauwinet Road (14-18) 5E48-2900
Sitting Frisman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Documentation SF48-2900
Staff _Asking for a 1 -rear extension
Discussion (7:22) None
\lotion Motion to Issue the 1 -year extension. (made bv: Steinauer) (seconded by: Phillips
Vote Carried unanimoush_-
H. Other Business
1. .Approval of Minutes, 0-/31/2019: Engelbourg - Under Commissioner comments, believes he asked for a dtscuston on
the source of restoration planting seeds, plugs, saplings, etc.
Motion to Approve as amended. (made by: Steinauer) (seconded by: Phillips; Carried unammoush
2. Monitoring Report: None
3. Discussion of Select Board comments related to `Sconset Beach Preservation Foundation _',BPF
Sitting Erisman, Golding, Steinauer, LaFleur, Engelbourg, Phillips
Discussion (,:25> Carlson - At the last Select Board meeting, they discussed appeal process. It eVOl ed into discussion ablju-
what procedures and how- active the Board wants to be. He informed Town _Admimstratnon that tli:-
discussion would be on this agenda as a courtesy to the Select Board for them to attend and make comment-.
Their chair reached out to our chair. Their executive session is September 12 at ',i a.m. and requested the
presence of our chair and/or Vice chair. He will be attend that session.
Frisman and Golding said they- will both attend the Select Board executive session.
Steinauer - I le believes there are members of the Select Board who will take this as far as the,. can go.
Phillips - She is concerned about the new Select Board members making decisions w-tthout a thoro)ug .
review of the previous Select Board deliberations and the ConCom deliberation-: she's i- glad the. have
requested the presence of the ConCom chair.
Carlson - Explained the Department of Environmental Protection appeal process and testimonl. the_, revit-,,
and what Town Counsel, George Pucci, was seeking from the Select Board.
Golding - He was surprised when the Select Board agreed for Mr. Pucci to attend the Department of
Fn-ironmental Protection on-site visit but not prepare a brief.
Carlson - lie's not convinced a brief is necessan prior to the on-site visit. There is no discussion during the
visit; everyone signs in, Department of Environmental Protection sets the ground rules. and the-,- suck to the
rules. To discuss the executive session; ConCom -would have to go into executive session.
4. Reports: None
5. Commissioners Comment
A. Golding - I Ie had to - arch a video and the audio was very weak.
b. Fngelbourg - _Along Nobadeer _Avenue, there is parking on the left side of the road: in order to not get a ticket.
people have to turn around. People are getting lazy and pulling in perpendicular Into the vegetation. _Asked if IT t-
within ConCom jurisdiction. Ile asked police if they could ticket the vehicles and was told as long as the vehicles --etc
perpendicular thev- couldn't ticket the vehicles.
Carlson - We actually might have jurisdiction. _Asked '\Ir. Engelbourg to email the photos to hire. Enabhng legs-lanon
does include protecting open space; he'll send it to even -one.
Motion to Have Mr. Carlson call the Landbank to discuss the situation. "made bv: �temauer seconded b%:
Golding) Carried unanimously
6. .Administrator/Staff Reports
a. None
.Adjourned at r:al p.m. by unanimous consent.
Submitted by:
Tern L. Norton
Page 6 of 6