M 12-15-1980424
December 15, 198 0
Los Gatos, Californi a
TOWN COUNCIL The Town Council of the Town of Los Gatos met in the Counci l
Chambers of the Town Hall at 7 :35 p .m ., in regular session .
ROLL CALL PRESENT : MarLyn J . Rasmussen, Peter W . Siemens, Brent N .
Ventura and Mayor Thomas J . Ferrito .
ABSENT : Ruth Canno n
PT,F,DGE O F
ALLEGIANCE Given by all in attendance .
MINUTES Mrs . Rasmussen referred to minutes of December 2, 1980, askin g
for clarification of action taken re the Mediation/Arbitratio n
Program Funding . Manager stated his report on the short fal l
mentioned would be discussed in 1981-82 budget . Mayor state d
the only action taken was on the transfer of funds in th e
amount as stated in minutes .
Mr . Ventura referred to December 2, 1980, minutes, subject -
MEDIATOR CONTRACT - to read, "Mr . Ventura abstained from voting".
Mayor Ferrito referred to December 1, 1980, minutes - page 4 ,
subject - EIR APPEAL - Mayor stated there were three appellant s
and minutes should reflect, "Appeals were denied", this shoul d
also reflect in the December 2, 1980, minutes under this subject .
Mr . Ventura asked for review of the December 1, 1980, minute s
as feels some persons who had given testimony on the Vill a
Vasona project were omitted ... Clerk review this request an d
found the following names and their statements had bee n
inadvertently omitted . Vickie Vansan, 16749 Golf Links Drive ,
stated she did not wish to get involved with more problems tha t
would exist from this project but would agree to a total Senio r
Citizen project . Elizabeth Enfantino, stated the Developer s
should have come to the people in the area before the projec t
was started . She stated this area is having problems wit h
storm drainage and low water pressure now, and with mor e
development it would be worse . Mr . Van Houten explained tha t
an assessment district is in the process of being develope d
and this would alleviate the storm drain problem . J . Harrington ,
117 Fancher Court, representing the AAUW who are in support o f
the project and urges Council to proceed . Bill Winters, 11 4
Calle Estoria, not opposed to low income housing but woul d
like it to be in another area where you can afford to protec t
yourself . Nancy Avoy, 8 Hollywood Avenue, spoke in suppor t
of affordable housing for Seniors, but would not want to liv e
where there are no children . Don Skinner,-16812 Potter Court ,
spoke against anymore growth . Member of the Mid-Peninsul a
Coalition Housing, spoke on subsidized housing project i n
other cities and how well they were being managed . Alfredo
Garcia, Manager of San Tomas Gardens (a subsidized housin g
project), spoke on behalf of his development . Kathy Kine, 9 0
Hollywood Avenue, spoke for the project and to open spac e
areas, both for the elderly and families . Jane Salta, 156 6
Capri Drive, is concerned that EIR was not required and spok e
against rezoning .
Mayor Ferrito referred to page 1, of the December 2, 198 0
minutes - subject - VERBAL COMMUNICATIONS - re comments b y
Mrs . Enfantino on his and Mr . Siemens campaign platforms .
Mayor Ferrito asked that his comments be noted (His respons e
was given during discussion of the Villa Vasona zone change).
Mr . Siemens referred to December 2, 1980, minutes re introductio n
of Amendment to the Zoning Ordinance re VILLA VASONA an d
requested minutes to reflect a summary of each Council membe r
reasons for their vote on said subject .
Mayor Ferrito requested approval of minutes be held until nex t
Council meeting and a summary of each Council members comment s
on said rezoning be included .
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42 5
December 15, 198 0
Los Gatos, Californi a
MINUTES SUMMARIES AS TO COUNCIL MEMBERS VOTING WERE AS FOLLOWS :
(CONTINUED)Mrs . Rasmussen's reason for voting no on rezoning was reflecte d
in the December 2, 1980 minutes .
Mr . Ventura stated he had moved for the introduction of sai d
ordinance and it was a most difficult decision . He had hear d
from most of the neighbors . who objected to the project becaus e
of traffic impact, density and expression who feels thi s
project and residents would be a detriment to their neighbor -
hood and referred to stated policies in the Town General Pla n
against neighborhood concerns . The Town made a commitment
to this sort of project in 1977 when Council first accepte d
Federal Funds for landbanking . Mr . Ventura referred to an d
read from the General Plan which commits the Town to thi s
type of project and concluded the project is as much a Senio r
Citizen Housing Project . as . it is a family one .
Mr . Siemens voted for said introduction of ordinance as h e
feels this is a good project and would not vote for it with -
out the Los Gatos residents preference_ clause . The nee d
is evident to supply affordable housing to Los Gatos resident s
and feels Council has addressed the problems by requiring, i n
the Developer agreement, that the Developer get rid of undesirables ..
Mr . Ferrito responded to Mrs . Enfantino as to the campaig n
statement she referred to stating in that campaign statemen t
it stated very clearly hisdesire to provide for affordabl e
housing for Senior Citizens and he expected any developmen t
which occurred, in the future, in this town would have t o
serve the needs of this community . Those needs are the need s
Senior Citizen Housing, housing for people of low or moderat e
income and housing for the handicapped . Those needs were pu t
in the General Plan as Goals and Objectives . He supported th e
motion because it is consistent with my campaign platform an d
consistent with previous action of other Councils .
WRITTEN 1 . Letter from Rey Wheeler,484 Woodland Avenue, stated h e
COMMUNICATIONS is concerned by the fact that there is only one entrance /
exit to the Mobile Home Park in which he resides and a
fire breaking out would seal off this one exit for a
number of occupants . Referred to staff for report and a
copy of said report be sent to Mr . Wheeler .
2.Letter from Los Angeles Board of Supervisors, referrin g
to frightening epidemic of fires and are urging citie s
within California to pass local ordinance requiring fir e
retardant roofing . Mayor Ferrito referred to staff repor t
stating hillside areas of Town are designated as "Fir e
Hazard Area" and present regulations require fire retardan t
or special purpose roof covering .
3.Letter from Irving Bloom, Los Gatos Crossing Guard ,
requesting the Council's consideration of a payroll increas e
for the crossing guards of Los Gatos . It was consensu s
of Council to accept staff report that no action be . take n
to change the salary at this time and a copy of the staf f
report be mailed to Mr . Bloom .
4.Letter from Carol Conners, Legislative Advocate of the Lo s
Gatos-Saratoga Board of Realtors with some suggested change s
on the wording of the contract with Jack Sheehan, Develope r
for the Villa Vasona project . Referred to Mr . Hays, Town
Attorney, to be incorporated into said agreement .
5.Letter from James D . Lewis, 24095 Summit Wood Drive, thankin g
Council for giving him the opportunity to address th e
Council on his concerns for handicapped accessibility i n
the Town . Council referred to staff report from Buildin g
Official, Archie Watson, and asked that a copy of sai d
report be mailed to Mr . Lewis .
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December 15, 198 0
Los Gatos, California .
WRITTEN 6 Letter from Wayne Moniz, Executive Producer, West Valley
COMMUNICATIONS Film & Video, West Valley College, requesting permissio n
(CONTINUED)
to shoot a two minute sequence in downtown Los Gatos, a t
the intersection of Main and University Avenue . Th e
filming would occur between 7 :30 a .m . and 8 :30 a .m ., on
Sunday, January 25, 1981 . No action taken due to lack o f
information as to subject of the film .
7.Request from John Palmer, Health Educations Specialist ,
of the County of Santa Clara, stating the number on e
cause of injury and death to children, five years of ag e
and under, is automobile accidents, and are requestin g
that Council proclaim the week of January 23rd throug h
January 30th, 1981 as CHILD PASSENGER SAFETY WEEK in Lo s
Gatos . Mrs . Rasmussen moved request be granted and pro -
clamation be prepared . Mr . Ventura seconded . Unanimousl y
carried .
8.Letter from Central Coast Counties Corporation, supportin g
the Villa Vasona project . Note and file .
9.Letter from Dr . Huescher and Joan Smyth, opposing the Vill a
Vasona project . Note and file .
Mayor referred to letters he had received from Phili p
Trautman, opposing the project and Elizabeth Walsh, supportin g
the project .
10.Letter from-Historical Heritage Commission, requestin g
Council to adopt the State Historic Building Code, whic h
will contribute to the preservation of our Heritage resource s
by facilitating their remodeling and restoration . Counci l
referred to Building Official, Archie Watson's report whic h
states the Los Gatos Town Zoning Ordinance provides fo r
designation and listing of historical structures or area sinTown. Council asked for staff report from Mr . Watson r e
adoption of the State Historical Building Code and requeste d
input from Los Gatos Historic Preservation Society . Thi s
report to be made at the convenience of Mr . Wat_aon to allo w
time for review .
11.Letters were received from the American Lung Associatio n
of Santa Clara and San Benito Counties, Mr . &MIT .Dom
Salitto, John Muir Institute for Environmental Studies ,
Joan Conn and the Ctiizens For a Better Environment, opposin g
the aerial spraying for control of the Mediterranean Frui t
Fly . Mayor Ferrito referred also to a letter he received .
Bonnie K . Parke, PhD ., opposing the spraying and a lette r
from Stanford University expressing some concerns abou t
the spraying as well .
12.Information from United States Department of Agricultur e
about the cooperative Federal-State-County program t o
control and eradicate the infestation of the Mediterranea n
Fruit Fly in the Santa Clara Valley . Mr . Perry stated h e
had talked with Agricultural Representatives and there i s
to be a meeting next Monday, the 22nd, with Assemblyma n
Thurman who will point out some of the problems with th e
potential spraying program . This will be an informationa l
meeting and the Department of Agriculture will be back t o
the Town in late January or early February with a ne w
status report . Mayor Ferrito, requested staff keep Counci l
informed of any action re spraying . Council then can place i t
on the agenda and take a position .
13.Letter from Attorney Charles E . Luckhardt, Jr ., representin g
the car dealers on Los Gatos -Boulevard, requestin g
continuance on item VIII-C, re Bike Lanes on Los Gato s
Boulevard . (Request for continuance withdrawn).
14.Letter from Kosich Construction Company requesting agend a
item VI-B, be continued to January 5, 1981 . Mr . Ventur a
moved request be granted .Mrs .Rasmussen seconded .
Unanimously carried .
15.Revenue and expenditure report for the month of November ,
1980, from the Office of Town Clerk .
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WRITTEN Mr . Ventura referred to letter-received from Joan Kjemtrup o f
COMMUNICATIONS 15950 Rochin Terrace, regarding situation on Blossom Hill Road .
(CONTINUED)It concerns a pottery sale being conducted and an acciden t
occuring there and request that staff respond to he r
have been made to improve the traffic situation on Blossom Hil l
Road and also have staff investigate the pottery sale . Mr .
Bowman reported the pottery sale is in the unincorporate d
island and the Town has no control over it . Mr . Van Houte n
instructed to correspond with Mrs . Kjemtrup on the traffi c
situation .
Mrs . Rasmussen referred to Council communication from Bell a
& Ida Krauss re rent mediation . Jill Cody, Director o f
Community Programs gave verbal report . Loreta Eberhardt ,
from Information and Referral Service also spoke on this .
Roland Rose,16945 Roberts Road, felt mediators did the bes t
they could based on information they had . After furthe r
discussion, Mrs . Rasmussen moved staff respond to Bella an d
Ida Krauss . Mr . Siemens seconded . Carried by vote of thre e
ayes . Mr . Ventura abstained .
Harry Cohen, from audience, requested Council to investigat e
the timing of the signals at Main and Santa Cruz .He feel s
the timing now does not allow anyone to cross the stree t
safely . Mr . Van Houten was instructed to check this and repor t
back to Council at the next meeting .
Bruce Bonham,16100 Escobar Avenue, leader for the 4H Wildca t
Club in Los Gatos, whose meetings are held in the Downtow n
Neighborhood Center . Now the club is hosting a meeting fo r
other leaders in the County and would like it to be held a t
the Neighborhood Center and are requesting a waiver of th e
fees to do this . After further discussion, Mr . Ventura move d
fees be waived for said function . Mrs . Rasmussen seconded .
Carried by vote of three ayes . Mr . Siemens voting no .
LOADING ZONE Mr . Ventura moved for adoption of Resolution No . 1980-187
LOS GATOS BOULEVARD entitled, "LOADING ZONE - LOS GATOS BOULEVARD", which establishe s
a loading zone at Moore Buick on Los Gatos Boulevard . Mrs .
Rasmussen seconded . Unanimously carried .
ENGLEWOOD AVENUE Mr . Ventura moved Council accept staff report on filing o f
#1 ANNEXATION Englewood Avenue No . 1 Annexation with LAFCO . Mrs . Rasmusse n
seconded . Unanimously carried .
ENERGY CONSERVATION Mr . Ventura moved to accept staff report on Energy Conservatio n
GOALS AND Goals and Objectives and copy of said report be sent t o
OBJECTIVES Planning Commission for review . Mrs . Rasmussen seconded .
Unanimously carried .
COUNTY REFERRALS Mr . Ventura moved to accept staff recommendations on th e
following County referrals :
1305-26-52-SOV Sheldon Road Burgess Variance to
reduce rear yard from 12' to 2' for porjected deck . No comment .
1307-26-42-SOB Summit Road Heilig Grading permi t
No comment .
1259-34-43-80CC-SOB Soda Springs Road Leeson Single .
family dwelling .
Mrs . Rasmussen seconded . Unanimously carried .
MASTER BICYCLE Mr . Ventura moved to accept staff report on the status o f
PLAN implementation of the Master Bicycle Plan which was develope d
in 1973 by the Town Bicycle Committee and approved by Counci l
in May, 1973 . Mrs . Rasmussen seconded . Unanimously carried .
December 15 ;198 0
Los Gatos, Californi a
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428
December 15, 198 0
Los Gatos, California ;
LITTER GRANT Mr . Ventura moved for adoption of Resolution No . 1980-18 8
APPLICATION entitled, RESOLUTION OF THE TOWN COUNCIL, TOWN OF LOS GATO S
APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE SOLI D
WASTE MANAGEMENT ACT OF 1980, authorizing the Town Manage r
to executive said agreements and applications . Mrs .
Rasmussen seconded . Unanimously carried .
REZONING 612 Mr . Ventura moved for adoption of Ordinance No . 1485 entitled ,
W . PARR AVENUE AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONIN G
ORDINANCE EFFECTING ZONE CHANGE NO . 46 FROM RM :5-12 AN "0 "
TO RM :5-12-PD . Mr . Ferrito seconded . Carried by vote o f
three ayes . Mrs . Rasmussen voting no .
APPEAL -Mayor Ferrito stated this was the time and place duly note d
KOTWICKI 4LOT for the continued hearing on the appeal of Planning Commission's
SUBDIVISION denial of a 4-lot subdivision at 16246 Burton Road . Mr . Frank
BURTON ROAD T . Lewis, representing Mr .Kotwicki, spoke for the appeal .
Bob Huckell and Planning Chairman, Richard Gaines, also spok e
on this issue . Mrs . Rasmussen moved hearing be closed . Mr .
Siemens seconded . Unanimously carried . Mrs . Rasmussen move d
for adoption of Resolution No . 1980-189 entitled, A RESOLUTIO N
REVERSING A DECISION OF THE TOWN PLANNING COMMISSION . (Thi s
grants the appeal on the basis that the Planning Commissio n
erred in not finding it consistent with the General Plan . Thi s
motion also includes the conditions as set forth by the Plan -
ning Commission). Mr . Siemens seconded . Carried by vote o f
three ayes . Mr . Ventura abstained .
KOSICH - ZONE This matter was continued to January 5th, 1981, as requeste d
CHANGE 15347 under communications .
NATIONAL AVENU E
1979 UNIFORM Mayor Ferrito stated this was the time and place duly note d
BUILDING CODES for the continued hearing for the consideration of _adoptio n
by reference, with modifications of the 1979 Editions of th e
Uniform Building Code, Uniform Building Code Standards ,
Uniform Mechanical Code, Uniform Housing Code, Uniform Cod e
for the Abatement of Dangerous Buildings, Uniform Plumbin g
Code and 1981 Edition of National Electrical Code . Ther e
being no in the audience wishing to speak on this issue, Mrs .
Rasmussen moved hearing be closed . Mr . Siemens seconded .
Unanimously carried . Mrs . Rasmussen moved reading be waive d
for ORDINANCE OF TIIE TOWN OF LOS GATOS ADOPTING BY REFERENC E
WITH MODIFICATIONS, OF 1979 EDITIONS OF UNIFORM BUILDING CODE ,
UNIFORM BUILDING CODE STANDARDS, UNIFORM MECHANICAL CODE ,
UNIFORM HOUSING CODE, UNIFORM CODE FOR THE ABATEMENT O F
DANGEROUS BUILDINGS, UNIFORM PLUMBING CODE, AND 1981 EDITIO N
OF THE NATIONAL ELECTRICAL CODE . Mr . Siemens seconded .
Unanimously carried . Mrs . Rasmussen moved ordinance be introduced .
Mr . Siemens seconded . Unanimously carried .
RECESS Mayor declared a five minute recess . Meeting reconvened a t
9 :20 p .m .
MEDITERRANEAN As announced earlier in the meeting, this will be taken up a t
FRUIT FLY a later date awaiting report from the Department of Agriculture .
TOWN ATTORNEY Manager Richard Perry, reviewed report form the firm of Hughes ,
POSITION Heiss & Associates, Inc . on their survey of alternatives fo r
providing legal services to the Town of Los Gatos and thei r
recommendations . Town Attorney, Walter Hays, spoke on hi s
report re part-time vs . full-time legal services .-.He stated h e
does feel the Town needs more services than just one-half da y
per week and suggested that the Town continue contract wit h
him on a one day per week basis and the hiring of a well traine d
secretary paralegal to work part-time as needed . Mr . Ventur a
moved in view of findings of the Hughes, Heiss report that wor k
load in Los Gatos is not substantial to fill our full tim e
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December 15, 198 0
Los Gatos, Californi a
TOWN ATTORNEY Attorney staff time and feels the Towns option is to stay wit h
POSITION the part-time Attorney . Mr . Siemens seconded . Mayor Ferrit o
(CONTINUED)restated the motion asking if maker of the motion meant t o
continue with the part-time Counsel and to negoitiate with Mr .
Hays, based on his report . Mr . Ventura stated yes and Mr .
Siemens seconded . Motion carried by vote of three ayes . Mrs .
Rasmussen voting no .
LOS GATOS Mr . Luckhardt, Jr ., Attorney representing the local car dealer s
BOULEVARD - BIKE on Los Gatos Boulevard, stated the car dealers wished to retai n
LANES 242-SS the parking along Los Gatos Boulevard . Street parking is ver y
important to car dealers and asked Council to consider al l
aspects before deleting said parking .-Discussion was held o n
Director of Public Works report listing the different alternate s
and the feasibility of them . After further discussion, it wa s
consensus of Council to use the inside south bound lane o f
Los Gatos Boulevard from Blossom Hill Road to Roberts Road fo r
parking and the bike lane . This . will require restriping .
Mayor asked Mr . Luckhardt if his clients would be willing t o
reimburse the Town for the expense of this restriping i f
Council changes the plans on a trial basis and it does no t
work .Mr .Luckhardt stated he could not speak for his client s
until he had talked with them . After speaking with hi s
clients, Mr . Luckhardt stated his clients from West Valle y
Dodge, Chrysler and Baker Chevrolet would reimburse the Tow n
up to $2,000 .00 provided they were notified of any change s
and have the . opportunity to give imput . Council then directe d
staff to make revisions of the plans and bring them back t o
council at the January 5th, 1981, meeting and Mr . Luckhard t
be notified of the meeting .
LOS GATOS CREEK Mr . Van Houten made slide presentation of the proposed Lo s
ROUTE 243-SS Gatos Creek Bike Route . Mr . Don Hebard, Chairman . of Campbel l
Trails Committee, stated he was there to urge Council to mov e
on the Los Gatos Creek Bike Route . Adu Bagley, Chairman o f
the Los Gatos Trails Committee, spoke in favor of the propose d
trail . After further discussion, Mr . Ventura moved Counci l
make a negative declaration . Mr . Siemens seconded . Unanimousl y
carried . Mr . Ventura moved for adoption of Resolution No .
1980-190 entitled, RESOLUTION OF THE TOWN COUNCIL OF THE TOW N
OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR TH E
INSTALLATION OF BICYCLE ROUTE FACILITIES ON THE LOS GATOS '
CREEK (PROJECT 243-SS), AND DIRECTING THE TOWN CLERK T O
ADVERTISE FOR BIDS . Mr . Siemens seconded . Carried by vote o f
three ayes . Mrs . Rasmussen voting no .
1981-82 BIKE It was consensus of Council that staff be directed to advis e
PROJECT the County Transportation Agency that the Town does no t
propose any T .D .A . Bike/Pedestrian Fund Construction in 1981-82 .
TRANSIT ASSIST Mr . Ventura moved Council authorize the purchase of a secon d
VEHICLE PURCHASE vehicle for the Transit program and approve plans an d
specifications and authorize the call for bids . Mrs . Rasmusse n
seconded . Carried by three ayes, Mr . Siemens voting no .
IMPLEMENTATION Jill Cody, Director of Community Programs, presented Counci l
OF BELOW MARKET with report on implementation of the Below Market Rate Programs .
PRICE PROGRAM Stuart Rich, representative of the Community Housing Developmen t
spoke on basic function of the Committee .. After furthe r
discussion, Mr . Ventura moved for adoption of Resolution No .
1980-191 entitled, TOWN COUNCIL RESOLUTION SPECIFYING RULES ,
PROCEDURES AND CRITERIA FOR THE TOWN'S BELOW MARKET PRIC E
PROGRAM . Mr . Ferrito seconded . Unanimously carried .
Mr . Ventura moved for adoption of Resolution No . 1980-19 2
entitled, A RESOLUTION APPROVING CONTRACT WITH COMMUNIT Y
HOUSING, and Mayor is authorized to execute said contract .
Mrs . Rasmussen seconded . Unanimously carried .
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December 15,198 0
Los Gatos, Californi a
IMPLEMENTATION OF Mr . Siemens moved to accept staff recommendation and appoin t
BELOW MARKET a CSDC . Representative, Planning Director, Director o f
PROGRAM PRICE Community Programs and Town Manager to the BMP Advisory Board .
(CONTINUED Mrs . Rasmussen seconded . Unanimously carried .
SUNDAY DOWNTOWN Captain Schuster, presented report to Council stating he ha d
PARKING BAN met with the merchants and there were a majority who felt a
need did exist for continuation of the parking ban to contro l
the cruising element . The report took into consideration the
signing of the area . It was consensus of Council to accep t
report and asked that copy of letter being circulated by th e
Chamber of Commerce be furnished to the Council .
OTHER BUSINESS Mrs . Rasmussen spoke on concerns as to what is happening t o
the Berry School playground equipment . Mr . Bowman to notify
school of Council's concerns and also presented Council wit h
copy of lease covering the premises located at 14855 Oka Road .
Mr . Siemens spoke as to non compliance of the Smoking Ordinanc e
in some restaurants and requested some notification of same .
After further discussion, it was consensus of Council to hav e
staff prepare a letter informing the various restaurants the y
should conform and that there will be an inspection o n
February 1,1981 .This letter is to be mailed to variou s
restaurants along with their business license renewals .
Mr . Ventura referred to car theft at the Margolis Law fir m
and asked for staff . investigation on. this .
Mayor Ferrito stated he would like to commend Richard Perr y
and Mr . Hughes of Hughes, Heiss and Associates on excellen t
job they have done for the Town . Mr . Siemens moved fo r
adoption of Resolution No . 1980-193 entitled, A RESOLUTIO N
COMMENDING HUGHES, HEISS & ASSOCIATES . Mr . Ventura seconded .
Unanimously carried .
d`s,/9,f/.
Mr . Ventura moved to authorize staff to prepare a join t
powers agreement with the Mid-Peninsula Open Space Distric t
and obtain an appraisal of said property . Mr . Siemen s
seconded . Unanimously carried .
Mayor Ferrito referred to preparation of contract for Mr .
Hays, Attorney and asked that the contract be prepared as pe r
Mr . Hay's suggestions and bring back to Council for review .
Mr . Siemens moved meeting be adjourned at 12 :05 a .m ., Tuesday ,
December 16,1980 .Mr . Ventura seconded . Unanimously carried .
ATTEST :
de/7-,
Rose E . Alda g
Town Cler k
COMMENDATIO N
NOVITIAT E
PROPERT Y
ACQUISITION
ATTORNEY'S
CONTRAC T
ADJOURNtviE,NT