Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-01
West Seneca, NY 14224 January 11, 2016
Supervisor Sheila M. Meegan called the meeting to order at 7:00 P.M. with 30 seconds of silent prayer followed by the changing of the colors from Navy Seabee Veterans of America Island X5 to Harvey D Morin VFW Post 2940 and the Pledge of Allegiance led by Supervisor Meegan.
ROLL CALL: Present - Sheila M. Meegan Supervisor
Eugene P. Hart Councilman
William P. Hanley, Jr. Councilman
Absent - None
Supervisor Meegan read the Fire Prevention Code instructing the public where to exit in case of a fire or an emergency.
The meeting was dedicated to the memory of Patricia Oppenheimer and Honorable Kevin M. Dillon.
1-A MINUTES TO BE APPROVED
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Minutes #2015-25 of December 21, 2015.
Ayes: All Noes: None Motion Carried
§ Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve minutes from the January 4, 2016 Organization meeting.
Ayes: All Noes: None Motion Carried
1-B LEGAL ITEMS
1. Proofs of publication and posting of legal notice: “OF THE ADOPTED RESOLUTION, SUBJECT TO PERMISSIVE REFERENDUM, AUTHORIZING TRANSFER OF $125,000 OF THE GENERAL FUND’S CAPITAL RESERVE FUND TO CAPITAL PROJECT #5.1110.0200.0534 FOR APPROPRIATIONS ON THE COURTROOM HANDICAP ACCESSIBILITY PROJECT” in the Town of West Seneca, received and filed.
2. Proofs of publication and posting of legal notice: “OF THE ADOPTED RESOLUTION, SUBJECT TO PERMISSIVE REFERENDUM, AUTHORIZING THE PURCHASE OF TWO 2015 HEAVY DUTY CLASS 8 CAB-CHASSIS TYPE TRUCKS WITH DUMP BODIES, SNOW PLOWS AND ASSOCIATED OPTIONS/ACCESSORIES FROM INTERNATIONAL WITH VIKING BODIES AT A TOTAL COST OF $296,932 UNDER THE PIGGYBACK PROVISION OUTLINED IN GENERAL MUNICIPAL LAW §103(16) WITH AVAILABLE FUNDS IN THE HIGHWAY RESERVE FUND” in the Town of West Seneca, received and filed.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-01
West Seneca, NY 14224 January 11, 2016
Page two . . .
1-C COMMUNICATIONS
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13. Chief Denz re Appointment of James Gehen as Police Officer
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint James J. Gehen as Police Officer effective January 12, 2016 at the training rate of $23.41 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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14. Chief Denz re Appointment of Kyle Ernst as Police Officer
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Kyle D. Ernst as Police Officer effective January 12, 2016 at the training rate of $23.41 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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Town Clerk Jacqueline Felser administered the oath of office to Police Officers James Gehen and Kyle Ernst.
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1. Supervisor Meegan re Creation of Cashier position
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Motion by Supervisor Megan, seconded by Councilman Hanley, to create the position of Cashier and authorize the Supervisor to complete and sign the necessary forms with Erie County Personnel.
Ayes: All Noes: None Motion Carried
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2. Supervisor Meegan re Retirement of Donald Batt as laborer in Highway Department
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to accept the retirement of Donald Batt and terminate him as laborer in the Highway Department effective January 5, 2016 and authorize the Supervisor to complete and sign the necessary forms with Erie County Personnel.
Ayes: All Noes: None Motion Carried
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3. Town Attorney re Memorandum of Agreement with White Collar Unit for Cashier position
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the Supervisor to execute the attached Memorandum of Agreement, adding the position of “Cashier” to the White Collar Bargaining Unit.
Ayes: All Noes: None Motion Carried *APPENDICES*
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-01
West Seneca, NY 14224 January 11, 2016
Page three . . .
1-C COMMUNICATIONS
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4. Town Attorney re Section 284 Agreement for spending of Highway funds
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Motion by Supervisor Meegan, seconded by Councilman Hart, pursuant to the provisions of Section 284 of the Highway Law, the Town Board agrees that monies levied and collected for the repair and improvement of highways, and received from the state for the repair and improvement of highways, shall be expended as follows: The sum of $841,920 may be expended for general repairs upon 118 miles of town highways, including sluices, culverts and bridges (having a span of less than five [5] feet) and boardwalks or the renewal thereof.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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5. Town Attorney re Public hearings on proposed Local Laws for 2016
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to schedule a public hearing on January 25, 2016 at 7 P.M. to hear all persons interested in adoption of the following proposed Local Laws:
Local Law No. 1: Modification to Chapter 57 of the Town Code - Brush, Grass, Weeds and Debris
Local Law No. 2: Modification to Chapter 75 of the Town Code - Fire Prevention
Local Law No. 3: Modification to Chapter 90 of the Town Code - Plumbing
Local Law No. 4: Modification to Chapter 66 of the Town Code - Electrical Licensing
Local Law No. 5: Modification to Chapter 30 of the Town Code - Procurement Policy
Ayes: All Noes: None Motion Carried
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6. Town Attorney re Real property tax assessment challenge – 2400 North America Drive
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve and authorize the Town Attorney to execute the attached Consent Order to resolve the real property tax assessment challenge of 2400 North America Drive Associates, LLC (SBL #135.05-4-3) against the Town of West Seneca.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-01
West Seneca, NY 14224 January 11, 2016
Page four . . .
1-C COMMUNICATIONS
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7. Town Attorney re Real property tax assessment challenge – 19B Ransier Drive
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve and authorize the Town Attorney to execute the attached Consent Order to resolve the real property tax assessment challenge of James A. Zaepfel, 19B Ransier Drive (SBL #135.05-1-12.11) against the Town of West Seneca.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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8. Town Attorney re Real property tax assessment challenge – 2600 – 2609 North America Drive
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve and authorize the Town Attorney to execute the attached Consent Order to resolve the real property tax assessment challenge of American Business Center, LLC, 2600-2609 North America Drive (SBL #135.06-6-1) against the Town of West Seneca.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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9. Town Attorney re Negative declaration for purchase & improvement of street lighting facilities
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the attached resolution issuing a negative declaration with regard to SEQR for the purchase and improvement of street lighting facilities.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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10. Town Attorney re Amendment to Phase II Energy Performance Contract
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached Addendum No. 1 to the town’s Energy Performance Contract with John W. Danforth Company.
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On the question, Town Attorney John Fenz explained the addendum expands the scope of the agreement with Danforth to include acquisition of street lighting facilities from NYSEG, conversion to LED lamps and energy performance improvements at the library. This will result in a savings of $1.4 million at the library and $5 million overall.
Ayes: All Noes: None Motion Carried
*APPENDICES*
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-01
West Seneca, NY 14224 January 11, 2016
Page five . . .
1-C COMMUNICATIONS
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11. Town Attorney re Public hearing on increase and improvement to electric lighting facilities
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Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt the attached resolution scheduling a public hearing on January 25, 2016 to consider the increase and improvement of facilities of Electric Lighting Districts 1 – 35, 38 – 42 and 55, pursuant to Section 202-b of Town Law.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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12. Highway Sup’t. re Purchase of vehicles for Highway and Building & Grounds Departments
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the purchase of the following vehicles from Delacy Ford for the Highway Department with funds available in the Highway Reserve Fund, subject to permissive referendum: 2016 Ford Escape - $23,010.00; two (2) 2016 Ford F250’s – $53,357.84 (piggyback purchase with Town of Darien in accordance with General Municipal Law Section 103); two (2) 2016 Ford F350’s - $67,000 (NYS contract #PC66774SB).
Ayes: All Noes: None Motion Carried
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize the purchase of the following vehicles from Delacy Ford for the Buildings & Grounds Department with funds available in the General Reserve Fund, subject to permissive referendum: two (2) 2016 Ford F150’s - $48,498.29 (off Erie County bid #215200-004); two (2) 2016 Ford F250’s – $53,357.84 (piggyback purchase with Town of Darien in accordance with General Municipal Law Section 103).
Ayes: All Noes: None Motion Carried
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15. Chief Denz re Retirement of Madeline Polchlopek as clerk typist
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the retirement of Madeline Polchlopek and terminate her as clerk typist effective January 8, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting Mrs. Polchlopek has served the Town of West Seneca for the past nine years.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-01
West Seneca, NY 14224 January 11, 2016
Page six . . .
1-C COMMUNICATIONS
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16. Town Clerk re Appointment of Amy Kobler as Cashier
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate Amy Kobler as part-time clerk typist and appoint Amy Kobler as Cashier, Group 3, Step 1, at an annual salary of $30,875.42 effective January 18, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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17. Assessor re Rate increase for part-time clerk Marcia Turner
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a rate increase to $13 per hour for part-time clerk Marcia Turner effective January 11, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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18. Town Justices re Appointment of Julie Korczynski as part-time clerk
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Julie L. Korczynski as part-time clerk in the Justice Court effective January 12, 2016 at a rate of $14 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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19. Senior Recreation Therapist of Sr. Services re Rate increase for senior center staff
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve a rate increase to $11 per hour for the staff of the West Seneca Senior Center effective January 4, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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20. Senior Recreation Therapist of Sr. Services re Status change for Carol Kennedy to seasonal
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time food service worker Carol Kennedy to part-time seasonal effective January 4 - 29, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-01
West Seneca, NY 14224 January 11, 2016
Page seven . . .
1-C COMMUNICATIONS
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21. Youth Service Coordinator re Termination of Amanda Murphy as part-time clerk typist
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate Amanda Murphy as part-time clerk typist effective January 11, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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22. Youth Service Coordinator re Appointment of Jennifer Wohlfeil as part-time clerk typist
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Jennifer Wohlfeil as part-time clerk typist effective January 7, 2016 at a rate of $10 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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23. Youth Service Coordinator re Rate increase for part-time recreation attendants
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve a rate increase to $9 per hour for the following active part-time recreation attendants effective January 11, 2016:
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Sarah Amoia Matthew Barth Quinn Finnegan Al Gaglia Miranda Herreid Roxanna Herreid Phoebe Herreid Caroline Kane
Jacob Kobler Candice Kogut Kathleen Kogut Holly Lowden
Robert Morano Nathan Roberts Spencer Roberts Brooke Smith Molly Sergi
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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24. Youth Service Coordinator re Title and pay rate change for Elaine Corey
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the title of Elaine Corey from part-time clerk to part-time recreation attendant effective January 11, 2016 at a rate of $10 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-01
West Seneca, NY 14224 January 11, 2016
Page eight . . .
1-C COMMUNICATIONS
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25. Youth Service Coordinator re Summer Day Camp 2016 parent handbook & registration
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the attached Summer Day Camp 2016 Parent Handbook and Registration Form.
Ayes: All Noes: None Motion Carried
*APPENDICES*
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26. Councilman Hart re Appointment of Kelly Clifford as Library Board Trustee
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Motion by Supervisor Meegan, seconded by Councilman Hart, to reappoint Kelly Clifford as Library Board Trustee effective January 1, 2016 through December 31, 2020.
Ayes: All Noes: None Motion Carried
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27. Town Engineer re Stephenson Street reconstruction project, final change order
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the final change order from Nova Site Company, LLC for a deduct of $36,670.57 for the Stephenson Street Road Reconstruction Project.
Ayes: All Noes: None Motion Carried
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28. Supervisor Meegan re Purchase of plaques for Sunshine Park and Harlem Road Park
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to authorize the purchase of plaques for Sunshine Park and Harlem Road Park from Trophy’s Trophy’s at a cost of $4,130.00, noting these plaques will display the proper names of the elected officials and organizations involved in the development of those projects.
Ayes: All Noes: None Motion Carried
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1-D REPORTS
§ Jacqueline A. Felser, Town Clerk’s report for December 2015 received and filed
1-E WARRANT
Motion by Supervisor Meegan, seconded by Councilman Hart, to approve the vouchers submitted for audit, chargeable to the respective funds as follows:General Fund - $380,969.31; Highway Fund - $120,892.40; Special Districts - $21,273.20; Capital Fund - $45,475.00; Prepaid - $75 (voucher #’s 88792-92357); Trust & Agency Fund - $44,574.76 (voucher #’s 92171-92188)
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2016-01
West Seneca, NY 14224 January 11, 2016
Page nine . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
RECREATION PROGRAM UPDATES
Youth Service Coordinator Lauren Masset reminded residents that registration for the Winter Youth Basketball Clinic and new Little Rascals program is currently taking place. Registration forms can be found online or in the recreation office. Registration for Summer Day Camp for residents will begin February 1, 2016; non-residents can begin to register on March 1, 2016.
ECONOMIC DEVELOPMENT
Councilman Hart stated he will be meeting this week with Town Attorney John Fenz, Code Enforcement Officer John Gullo and Gerald Hathaway of the Chamber of Commerce to discuss economic development.
LIBRARY EXPANSION PROJECT
Councilman Hart referred to the library expansion project and stated they will be meeting to discuss contracts and engineering details that need to be put in place before the project can be started. The goal is to reduce the cost to taxpayers as much as possible and funding is accumulating with $800,000 pledged from library grants, $400,000 from Senator Gallivan and $1.3 million from the energy savings program.
UTILITY COMMITTEE
Councilman Hanley stated the utility committee has begun checking the phones in town buildings, looking for dead lines that can be removed from the invoice.
SPOT COFFEE IN WEST SENECA
Supervisor Meegan announced that Spot Coffee will be locating in West Seneca, but the specific location is yet to be announced.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 7:40 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK