Bethlehem Council MInutes

BETHLEHEM CITY COUNCIL MEETING
10 East Church Street – Town Hall
Bethlehem, Pennsylvania
Tuesday, March 20, 2012 – 7:00 PM

INVOCATION

PLEDGE TO THE FLAG

Pastor Mario Corado, of Templo El Refugio, offered the invocation which was followed by the pledge to the flag.

1. ROLL CALL

President Eric R. Evans called the meeting to order. Present were Jean Belinski, David T. DiGiacinto, Karen Dolan, Robert J. Donchez, Michael D. Recchiuti, J. William Reynolds, and Eric R. Evans, 7.

President Evans reported that City Council met in Executive Session this evening at 5:30 PM in the Mayor’s Conference Room. The purpose of the Executive Session was to consult with the attorney or other professional advisors regarding information or strategy in connection with litigation or with issues on which identifiable complaints are expected to be filed.

2. APPROVAL OF MINUTES

The Minutes of March 6, 2012 were approved.

3. PUBLIC COMMENT

Vendor Ordinance

Tina Kowalski, 5 East Fourth Street, asked why have an ordinance if Council can change the regulations whenever they want. She stated that she thinks the new night hours are ridiculous and asked why there is a two-hour break. She said the residents next to the vendor have made numerous complaints about the noise, garbage, and vandalism during the vendor’s hours of operations and said the residents around the vendor deserve some peace and quiet. Mrs. Kowalski, saying the City is aware of the complaints, said the Police Department has not followed through with the complaints about the noise and the vandalism. The merchants at Fourth and New Streets have asked the Lehigh Police Department and the Bethlehem Police Department to show their presence Thursday, Friday and Saturday nights between 2:00 AM and 3:00 AM to help disperse the people from hanging out on the street. She said there have been many violent fights going on and they are trying to get the people off the streets. Mrs. Kowalski stated she thinks that allowing the vendor to operate until 6:00 AM will only add more fuel to the fire and thinks the vendor can take care of his customers by 2:30 AM and be done and gone by 3:00 AM. She said this is not what we want for the neighborhood and there should be some compromise. Mrs. Kowalski referred to a remark by a Councilwoman who said she wants to help those who do not speak English very well to achieve the American dream, and to one day own their own business and buildings. Mrs. Kowalski stated 75% of the merchants at Fourth and New Streets do not speak English that well either, and the only difference is that these merchants had the courage to take the risk to achieve the American dream have bought or rented buildings and started their business. She said the merchants are working very hard and thinks it is not fair that the vendors are allowed to set up next to them, charge less for the same food items they are selling and not have the same financial responsibilities as the merchants do. She asked which would you rather see, a private business district or empty buildings and a bunch of vendors. She said the merchants are saying she is beating a dead horse, the City of Bethlehem and City Council do not care about the South Side business district, the merchants or residents. Mrs. Kowalski said she believes there are some Council Members who do care and asked that they show the merchants and residents of the South Side Business District that that do care and consider the merchants and residents when making their decisions.

Chelsea Hahalis, 2113 Henderson Street, stating she represents Cleo’s, a South Side merchant at 21 East Third Street, commented there are some merchants that are pro-vendor on the street and see some of the benefits of having those who do pay the permits and abide by the ordinance.

Al Bernotas, 1004 Johnston Drive, remarked that he is empathetic with Mrs. Kowalski being a brick and mortar merchant, spending money on rent, and the financial risk. He said he also feels empathetic for Mr. Morales trying to kick-start a little business and maybe one day having a couple of stores. He said he likes his entrepreneurial spirit and would encourage Council on the hours. He feels being off the street for a couple of hours is excellent but thinks it should be seven days a week.

Chris Morales, 649 Alaska Street, thanked Council and the Administration for the time and consideration in pioneering the new ordinance and said he realizes a lot of times is being spent and appreciates it. He said it is helping him because he is the only vendor now, but thinks there will be more and thinks it is great to pioneer this to do what bigger cities are doing. He thanked Council and said it makes it easier for him to be able to follow a clear and concise set of rules. Mr. Morales said being a food vendor has its advantages but also has its disadvantages. He said he is not a bar and doesn’t serve alcohol, his profit margin on his food is not the highest and said things like the weather do affect his business. The reason why he asked for a broad range of hours is because there are times when it is raining and he does not do business, but then there are busy nights when he makes money to offset the loss. Outside people, he said, may think he has a slight advantage but they fail to realize he also rents a garage, he pays to share electric and water, and he has insurance. He commented that while it is not as great as someone paying rent for a building on the South Side, he said if there was a spot available for him to move into in his area, he would be there. He noted there are associated costs with being a street vendor. Mr. Morales said the hours were extended not for him in particular but for other vendors that may want to take advantage of some of the other locations and do breakfast. He said he works hard and for a lot of hours and is not looking to open 24 hours a day, buy depending on the location someone may want to operate seven nights a week. He said the night hours are not only for the bar patrons but also for the regular job goers that work third shift and work Monday through Saturday. Mr. Morales asked for consideration for seven nights to help make up for days lost because of the weather.

Dana Grubb, 2420 Henderson Place, stated that he did not think the vendor would be an issue if there had been compliance with the single vendor and if there had been enforcement by the City on the ordinance the way it stood. He said this is a City-wide ordinance and does not think that Council can take under advisement specific requests at this point in time from the only vendor that is currently operating. He said Council should be looking at this in the context of the City, not a single vendor, and said he believes there is provision for the vendor to petition Council for other hours. Mr. Grubb said he thinks in terms of the ordinance itself Council needs to standardize it so that it is applicable no matter where a vendor gets permission to set up and goes through the application process. He said in this particular vendor’s situation if he has a different circumstance in the neighborhood where he is located, he thinks the vendor has the ability to come to Council, which also affords the public and other businesses to show up and comment on it and express their support or concerns. Mr. Grubb commented that with all due respect with what the vendor is trying to accomplish, he thinks he is trying to look out for himself, and said Council has the responsibility for looking out for the community and circumstances will not be the same in every neighborhood of the City.

4. OLD BUSINESS.

A. Old Business – Members of Council

None.

B. Tabled Items

None.

C. Unfinished Business

None.

5. COMMUNICATIONS

A. Director of Parks & Public Property – DCNR Grant Resolution – Sand Island

The Acting Clerk read a memorandum dated March 2, 2012 from Ralph E. Carp, Director of Parks and Public Property, to which was attached a proposed Resolution to apply for a DCNR grant in the amount of $150,000 to assist with Improvements to Sand Island.

President Evans stated that Resolution 9 D is listed on the Agenda.

B. Grants Coordinator – DCNR Grant Resolution – Greenway – Saucon Park Connection

The Acting Clerk read a memorandum dated March 15, 2012 from Carol Stoneback, Grants Coordinator, to which was attached a proposed Resolution to apply for a DCNR grant related to the next phase of the Greenway which is the Saucon Park Connection.

President Evans stated that the Resolution will be placed on the April 3 Agenda.

6. REPORTS

A. President of Council

President Evans announced that City Council will meet as a Committee of the Whole at 7:00 PM in Town Hall on Monday, April 9, 2012 and Wednesday, April 11, 2012. The purpose of the Meetings is to review the Proposed New Zoning Ordinance.

B. Mayor

None.

7. ORDINANCES FOR FINAL READING

A. Bill No. 9 – 2012 – Repeal of Article 738 – Regulating Use of Interactive Wireless Communications Devices by Persons Operating Vehicles

The Clerk read Bill No. 9 – 2012 – Repeal of Article 738 – Regulating Use of Interactive Wireless Communications Devices by Persons Operating Vehicles, on Final Reading.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. Bill No. 9 – 2012, hereafter to be known as Ordinance 2012-11 was declared adopted.

B. Bill No. 10 – 2012 – Replacing Section 721.05 – Sidewalk Vendors

The Clerk read Bill No. 10 – 2012 – Replacing Section 721.05 – Sidewalk Vendors, on Final Reading.

Councilman Recchiuti asked Christopher Spadoni, Council Solicitor, if the hours of operation that may be approved by City Council in Section 5 A of the amended ordinance would be appropriate for Council to include in what is listed as 9 F, the Certificate of Approval, and to exercise Council’s power there to grant other times to be consistent. Attorney Spadoni asked if his concern is that the Ordinance is on final passage and pursuant to the Third Class City Code it is not effective until executed by the Mayor. Councilman Recchiuti said he understands that but asked if approval is granted for 9 F this evening would Council be consistent with the Ordinance being passed tonight even though it is not in effect and would we be in compliance with our current ordinance. Attorney Spadoni said yes.

Councilwoman Dolan stated she believes there is an error on Page 6 of Bill No. 10, under (3) Stand Design Standards/Vending Cart Design Standard and (4) Award of License and made the following motion to amend the wording.

AMENDMENT 4 TO BILL NO. 10 - 2012

Ms. Dolan moved and Mr. DiGiacinto seconded the following amendment:

That Section 721.05 (B)(3) and (4) which reads as following:

(2) (3) Stand Design Standards / Vending Cart Design Standards

All stands and carts must be clean, sanitary, attractive and be designed consistent with guidelines promulgated by the Committee Department of Community and Economic Development. The design of all stands and carts located in the Historic Districts must be approved by the applicable Historic and Architectural Review Board of the City of Bethlehem.

(a) The carts should be designed of quality materials that
enhance the integrity of Bethlehem and the activities, location, and appearance of the carts shall be subject to the review of a committee comprised of the Historic Review Officer, the members of the HARB or the members of the Historic Conservation Commission – South Bethlehem and Mount Airy depending upon the applicant’s location. All applications in City Wards 1, 2, 3, 4, 5, 10, 11, 12, 13, 16, and 17 shall be reviewed by the committee comprised of members of the Historic Conservation Commission – South Bethlehem and Mount Airy and City Wards 6, 7, 8, 9, 14, and 15 shall be reviewed by the committee and members of HARB.

(4) Award of License

(a) The applicable Historic Board shall notify City Council
of the recommendation for a Certificate of Approval.

(b) Following notification from the applicable Historic Board to City Council of the recommendation for a Certificate of Approval, City Council shall place the Resolution for a Certificate of Approval on an Agenda for a vote. Following review and issuance of permits by the applicable City Departments and Bureaus, the Engineering Bureau shall award licenses to any vendor approved by City Council after the vendor pays the first
annual fee of $250. The check, and all subsequent annual fees, shall be made payable to the City of Bethlehem, and presented to the Cashier. All fees shall be non-refundable.

shall be amended to read as follows:

(2) (3) Stand Design Standards / Vending Cart Design Standards

All stands and carts must be clean, sanitary, attractive and be designed consistent with guidelines promulgated by the Committee Department of Community and Economic Development. The design of all stands and carts located in the Historic Districts must be approved by the applicable Historic and Architectural Review Board of the City of Bethlehem.

(a) The carts should be designed of quality materials that
enhance the integrity of Bethlehem and the activities, location, and appearance of the carts shall be subject to the review of a committee comprised of the Historic Review Officer, the members of the HARB or the members of the Historic Conservation Commission – South Bethlehem and Mount Airy depending upon the applicant’s location. All applications in City Wards 1, 2, 3, 4, 5, 10, 11, 12, 13, 16, and 17 shall be reviewed by the committee comprised of members of the Historic Conservation Commission – South Bethlehem and Mount Airy and City Wards 6, 7, 8, 9, 14, and 15 shall be reviewed by the committee and members of HARB. The applicable Historic Board shall notify City Council of the recommendation for a Certificate of Approval. Following notification from the applicable Historic Board to City Council of the recommendation for a Certificate of Approval, City Council shall place the Resolution for a Certificate of Approval on an Agenda for a vote.

(4) Award of License

Following review and issuance of permits by the applicable City Departments and Bureaus, and the applicable Historic Review Board the Engineering Bureau shall award licenses to any vendor approved by City Council after the vendor pays the first annual fee of $250. The check, and all subsequent annual fees, shall be made payable to the City of Bethlehem, and presented to the Cashier. All fees shall be non-refundable.

Voting AYE on the Amendment: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. The Amendment passed.

Voting AYE on Bill No. 10 – 2012, as Amended: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. Bill No. 10 – 2012, hereafter to be known as Ordinance 2012-12 was declared adopted.

8. NEW ORDINANCES

A. Bill No. 11 – 2012 – Cooperative Purchasing Agreement – 911 Goods and Services

The Acting Clerk read Bill No. 11 – 2012 – Cooperative Purchasing Agreement – 911 Goods and Services, sponsored by Mr. Donchez and Mr. DiGiacinto, and titled:

AN ORDINANCE OF THE CITY OF BETHLEHEM, COUNTIES OF LEHIGH AND
NORTHAMPTON, COMMONWEALTH OF PENNSYLVANIA, AUTHORIZING
THE MAYOR AND CONTROLLER TO ENTER INTO A COOPERATIVE PURCHASING AGREEMENT FOR 911 GOODS AND SERVICES WITH OTHER PARTICIPATING MUNICIPALITIES PURSUANT TO THE INTERGOVERNMENTAL COOPERATION LAW (ACT 177 of 1996), 53 PA.C.S.A. SECTION 2301 ET. SEQ.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. Bill No. 11 – 2012 was declared passed on First Reading.

9. RESOLUTIONS

A. Authorizing Records Destruction – Purchasing Bureau

Mr. Donchez and Mr. DiGiacinto sponsored Resolution No. 2012-50 that authorized the disposition of the public records from the Purchasing Bureau as listed in Exhibit A, according to schedules and procedures for the disposition of records as set forth in the Municipal Records Manual approved on December 16, 2008 and Resolution 2010-6.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. The Resolution passed.

B. Authorizing Records Destruction – Controller’s Office

Mr. Donchez and Mr. DiGiacinto sponsored Resolution No. 2012-51 that authorized the disposition of the public records from the Controller’s Office as listed in Exhibit A, according to schedules and procedures for the disposition of records as set forth in the Municipal Records Manual approved on December 16, 2008 and Resolution 2010-6.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. The Resolution passed.

C. Authorizing Records Destruction – Fire Department

Mr. Donchez and Mr. DiGiacinto sponsored Resolution No. 2012-52 that authorized the disposition of the public records from the Fire Department as listed in Exhibit A, according to schedules and procedures for the disposition of records as set forth in the Municipal Records Manual approved on December 16, 2008 and Resolution 2010-6.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. The Resolution passed.

D. Approving DCNR Grant Application – Sand Island Improvements

Mr. Donchez and Mr. DiGiacinto sponsored Resolution No. 2012-53 that approved a grant application to the Department of Conservation and Natural Resources (DCNR) in the amount of $150,000 for Sand Island Park Improvements.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. The Resolution passed.

E. Certificate of Approval – 15 West Fourth Street – Vendor License Renewal

Mr. DiGiacinto and Mr. Reynolds sponsored Resolution No. 2012-54 that granted a Certificate of Approval to renew the food cart license for the cart located on the sidewalk in front of 15 West Fourth Street.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. The Resolution passed.

F. Certificate of Approval – 15 West Fourth Street – Vendor Hours of Operation

Mr. Reynolds and Mr. Recchiuti sponsored Resolution No. 2012-55 that granted a Certificate of Approval to extend the hours of operation for the cart located on the sidewalk in front of 15 West Fourth Street.

Councilman DiGiacinto stated this recommendation came from the South Side Historic Conservation Commission after the Community Development Committee meeting under the old Ordinance. It was not listed on the agenda at the last meeting. He said if in fact Council does not vote for this tonight and the new Ordinance is not in place yet or signed with the new times, he said he assumes that until that new Ordinance is signed and in place the current vendor will live under the old Certificate of Approval granted back in July 2010. Mr. DiGiacinto then asked if Council does approve this Certificate of Approval tonight for hours that are different than in the Ordinance, is it only in effect until the new Ordinance is in effect or does it supersede the new hours of the Ordinance.

Attorney Spadoni responded it would be an expression of Council for the new hours and it would be the direction of Council by the Certificate of Approval for these hours.

Councilman DiGiacinto said then that when the new Ordinance is in place, this Certificate of Approval would be the controller. Attorney Spadoni confirmed that is correct.

President Evans commented that as it stands now the Ordinance that was approved under Final Reading was 6:00AM to 6:00 PM Sunday, Monday, Tuesday, and Wednesday; and Thursday, Friday, Saturday/Sunday from 6:00 AM to 4:00 AM. He queried if this Resolution passes would it add seven days a week 12:00 AM to 4:00 AM.

Councilman Recchiuti said he thought the way it reads it would be only six days a week, not Sunday to Monday. Attorney Spadoni confirmed Councilman Recchiuti’s opinion.

Mr. Recchiuti then noted that is why he asked the question previously. He believes if Council supports this tonight Council will be consistent with the new and the current Ordinance in that Council has the provision to grant other times. He said two weeks ago when he proposed his amendment he stated he would support additional times for the current vendor but did not believe the Ordinance should be specifically for one vendor and said he still feels that way. Councilman Recchiuti said he will support this tonight granting six nights a week.

Ms. Dolan, saying she was appreciative of the clarification, commented that what she likes about these hours to support a vendor, this one in particular which is the focus of this Certificate of Approval, is the 10:00 AM to 6:00 PM and then being closed during the typical dinner hour and then opening up again for his particular clientele in the late night. She said it seems pretty clear that the South Side Street Vendor and Street Furniture Committee felt pretty positively about that and wanted Council to hear what they had to say. She said she thinks it needs to be clarified.
Ms. Dolan said for this particular site she would vote for this as well.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. The Resolution passed.

G. Certificate of Appropriateness – 429 Heckewelder Place

Mr. DiGiacinto and Mr. Reynolds sponsored Resolution No. 2012-56 that granted a Certificate of Appropriateness to use a stucco pattern and the stucco color is to be Spanish Red, Benjamin Moore #E-23, Country Redwood at 429 Heckewelder Place, Nain Schober House.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. The Resolution passed.

H. Certificate of Appropriateness – 553 Main Street

Mr. DiGiacinto and Mr. Reynolds sponsored Resolution No. 2012-57 that granted a Certificate of Appropriateness to locate four (4) 24” tables and eight (8) 30” square tables with chairs at 553 Main Street.

Voting AYE: Mr. Recchiuti, Mr. Reynolds, Mrs. Belinski, Mr. DiGiacinto, Ms. Dolan, Mr. Donchez, and Mr. Evans, 7. The Resolution passed.

10. NEW BUSINESS.

Chairman Donchez announced a Public Safety Committee Meeting will be held on Tuesday, April 3, 2012 at 6:00 PM in Town Hall. The subject is the Police Substation at 60 West Broad Street.

11. PUBLIC COMMENT

Vendor Ordinance

Chris Morales, 649 Alaska Street, thanked City Council for understanding his business and said he is a young entrepreneur and will be here growing in the City for a long time. He said this is certainly not the first that Council will see him and it is the smallest project he will ever come before Council for. He said he would like clarification of the hours of operation. President Evans said a copy of the Certificate of Approval would be given to him. Mr. Morales mentioned that he owns property in the city, lives in the city, and takes pride in the city. He said he tries to help out others and bring developers and real estate people into Bethlehem. He said his heart is in the City of Bethlehem and appreciates all the hours taken into putting the Ordinance together not only for himself but for others to come forth and apply.

Public Works; Controller Vacancy

Stephen Antalics, 737 Ridge Street, commended the Public Works Department for what he said was an outstanding job of preparing Fifth Street the past Sunday for the celebration of the Mass at St. Joseph’s Church. He said the Police Department was also involved, everyone was impressed, and thanked Michael Alkhal, Director of the Public Works Department.

Mr. Antalics said the Courts, in appointing the Controller, made a decision on objectivity, had no political or personal agenda, looked at qualifications, questioned the candidates and simply came up with a solution. He said what he predicted was what they decided and a lot of people feel the decision was sound. Mr. Antalics said he thought the process that City Council went through was very troublesome. Referring to the video, Mr. Antalics thought the questioning of Mr. Pfenning went beyond what was required, specifically by Councilwoman Dolan. At the last council meeting, Mr. Antalics said Mr. Pfenning emphasized his right to association and freedom of speech. Mr. Antalics said the shadow council is not a subversive group, they are concerned citizens and said it is their right to evaluate their chosen officials. He said he felt he was criticized for the method he set up in terms of citizens to speak out. Mr. Antalics said he thinks he and Mr. Pfenning were attacked in a public form, felt offended, and formally requested that the Councilwoman publically apologize to them.

Vendor

Mary Pongracz, 321 West Fourth Street, commented that she thought it is not the duty of an historic review board to tell you what hours are to be given to a vendor. It is the job of an historical review board to say this is or is not permitted, these are the requirements, you must apply for a license and you must pay the fee to obtain a license. She remarked that if you have a committee meeting on a certain topic it is very annoying to people in the audience who pay attention when members of the committee then decide to rewrite something in the ordinance. For the last several meetings she said she has come and has listened to changes and motions. Ms. Pongracz said she thinks this has become a one person campaign but thinks Mr. Morales is to be complimented for being interested in making a living and following the rules. She said the vendor ordinance should have been addressed to the entire City as far as hours of operation, approval of a license, and paying for a license. Ms. Pongracz explained that as a member of a conservation commission she is entitled to say you must have this type of cart, you must be allowed to do this, or this is required. She thought Council wasted hours on the vendor matter. Ms. Pongracz, noting the ordinance gives a street vendor 22 hours, asked when does he clean the cart, and thought there are some concerns that have not been addressed.

Chris Kowalski, 5 East Fourth Street, said he owns the Fun House. He said this is the third year this is being discussed and thinks that is unbelievable for one person. Mr. Kowalski said he plays by the rules. He said he owns properties and has worked by the rules and did not tell anyone to change the rules for him. Mr. Kowalski stressed that rules should not be changed for one person.

Dana Grubb, 2420 Henderson Place, stated that he thought Ms. Pongracz raised an interesting point about the Conservation Committee’s responsibilities and determining hours for a vendor and maybe it is something that needs to be looked at under this ordinance. He said another thought is that under zoning ordinances there is a certain amount of notification required when variances are sought. Mr. Grubb said Council established an amended ordinance for the vendors that allows a step beyond those boundaries with a petition to Council on the hours. He asked if a vendor wants to do that, what notification mechanism is there for anybody in the vicinity and how will a property owner, resident, or business owner know that. Mr. Grubb pointed out that on a liquor license transfer there are certain notification requirements. Mr. Grubb said he thinks this is food for thought and these issues may create some problems for Council.

Controller Vacancy

Mr. Grubb, following up on Mr. Antalics’ comments, said he thought certain boundaries were crossed during that process and thinks Council should be very careful.

Vendor

Tina Kowalski, 5 East Fourth Street, reported that there is a second vendor on the South Side on Lehigh campus by the University Center with a food truck. She pointed out there are two vendors in a two block area in the South Side Business District. She said he sells coffee and bagels, the same foods that Johnny’s Bagels sells, two doors away.

The meeting was adjourned at 8:05 p.m.