Town Board Minutes
1250 Union Road Minutes #2015-18
West Seneca, NY 14224 September 14, 2015
Supervisor Sheila M. Meegan called the meeting to order at 7:00 P.M. with 30 seconds of silent prayer followed by the Pledge of Allegiance led by Councilman Hanley.
ROLL CALL: Present - Sheila M. Meegan Supervisor
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 Marie Josephine Hannon and Michael Amico.
18-A MINUTES TO BE APPROVED
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Minutes #2015-17 of August 24, 2015.
Ayes: All Noes: None Motion Carried
18-B LEGAL ITEMS
1.
Motion by Supervisor Meegan, seconded by Councilman Hart, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL PERMIT FOR PROPERTY LOCATED AT 54 RANSIER DRIVE, BEING PART OF LOT NOS. 198 AND 201, CHANGING ITS CLASSIFICATION FROM M-1 TO M-1(S), FOR AUTOMOTIVE USE” in the Town of West Seneca. (Wingfoot Commercial Tire Service)
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hart, to open the public hearing.
Ayes: All Noes: None Motion Carried
Bobby Kirk, Construction Manager for Wingfoot Commercial Tire Service, stated his request for a special use permit to open a tire shop at 54 Ransier Drive, noting they typically go to the customers’ location rather than customers coming to the shop so there will be no impact on traffic or parking issues. There will be no outside storage of materials.
No comments were received from the public.
1250 Union Road Minutes #2015-18
West Seneca, NY 14224 September 14, 2015
Page two . . .
18-B LEGAL ITEMS
1. (continued)
Motion by Supervisor Meegan, seconded by Councilman Hart, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a special permit for property located at 54 Ransier Drive, being part of Lot Nos. 198 and 201, changing its classification from M-1 to M-1(S), for automotive use, noting the special permit is for sale of tires and minor automotive repairs and there will be no outside storage of materials.
Ayes: All Noes: None Motion Carried
2. Proofs of publication and posting of legal notice: “OF THE ADOPTED CHANGE IN THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 2990 TRANSIT ROAD, BEING PART OF LOT NO. 349, CHANGING ITS CLASSIFICATION FROM C-1 TO C-2, FOR AN ELECTRICAL CONTRACTING BUSINESS” in the Town of West Seneca, received and filed. (Paul M Dugas)
3.
Proofs of publication and posting of legal notice: “OF THE ESTOPPEL NOTICE AND ADOPTED BOND RESOLUTION OF THE TOWN BOARD OF THE TOWN OF WEST SENECA, ERIE COUNTY, NEW YORK (THE “TOWN”), AUTHORIZING ADDITIONAL FINANCING FOR ROAD RECONSTRUCTION AND REPAVING IMPROVEMENTS (THE “PROJECT”); ESTIMATING THAT THE TOTAL COST THEREOF IS $2,050,000; APPROPRIATING $150,000 IN ADDITION TO THE $1,900,000 PREVIOUSLY APPROPRIATED; AND AUTHORIZING THE ISSUANCE OF $150,000 BONDS OF THE TOWN TO FINANCE SAID ADDITIONAL APPROPRIATION” in the Town of West Seneca, received and filed.
18-C COMMUNICATIONS
Motion by Supervisor Meegan, seconded by Councilman Hart, to suspend the regular order of business to allow for a presentation on the Trap-Neuter-Vaccinate-Return (TNVR) program.
Ayes: All Noes: None Motion Carried
Peter Reese stated he is a “no kill advocate” and supports TNVR which is approved by every major humane society in the US and is the way to deal with free roaming cats. Two years ago the Humane Society of the United States (HSUS) & International City County Management Association joined together in the publication of a document, a managing community cats manual for community leaders that endorses TNVR. The organization sets standards for best practice for municipalities. Mr. Reese urged the Town Board to pass the resolution.
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West Seneca, NY 14224 September 14, 2015
Page three . . .
18-C COMMUNICATIONS
Edie Offhaus of Feral Cat Focus stated she has been working to get the word out and over 100 caregivers in West Seneca are already practicing TNVR. The need was realized in the community and the program is reducing the population of cats. Complaints are down and it will be a healthier West Seneca. Feral Cat Focus of WNY and Operation Pets Spay/Neuter Clinic of WNY have been subsidizing this program and they write grants on a regular basis.
Councilman Hart questioned how someone that wanted to participate could do so if they didn’t have the funds available. He further questioned if Feral Cat Focus could help with situations where people have numerous cats in their homes.
Ms. Offhaus responded if someone wants to participate but does not have funds available they can call the toll free number and present their case for review. Feral Cat Focus will use resources to work with the SPCA and Operation Pets on situations with numerous cats but often these cases are over their ability to help.
Mr. Reese noted the NYS Legislature voted for TNVR and funding for it, but he did not know if Governor Cuomo had signed it yet.
Cat McCulle, a student from SUNY Buffalo Law School animal law pro bono clinic, explained that the purpose of the resolution is to change laws for the better regarding animal welfare. She further noted the International City County Management Association endorsed the TNVR program and asked the board members to support the resolution.
Councilman Hart expressed concern about the spread of disease from cats and questioned if the number of cats are reduced in a neighborhood.
Ms. McCulle stated it takes time to see progress, but this is a step in the right direction. After they are spayed/neutered and vaccinated the cats are released back where they came from. The left ear is tipped so they are recognizable in the community. Ms. McCulle offered her assistance to the town in any way possible.
Dr. Kathleen Macholinski stated toxoplasmosis can be spread by cats, but people can also get it from other means. She suggested washing hands as a necessary precaution and stated there is no perfect answer for free roaming cats, but TNVR is proven to be a humane and effective way to reduce the number.
1. Supervisor Meegan re Resolution supporting Trap-Neuter-Return for free roaming community cats |
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Motion by Supervisor Meegan, unanimous second, to adopt the attached resolution in support of a trap-neuter-vaccinate return program for free roaming community cats.
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WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
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West Seneca, NY 14224 September 14, 2015
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18-C COMMUNICATIONS
1. On the question, Councilman Hart suggested adding the trap-neuter-vaccinate-return program to the Town Code. Town Attorney John Fenz stated he will take the necessary steps to amend the Town Code.
Ayes: All Noes: None Motion Carried
*APPENDICES*
2. Highway Sup’t. re Pay rate adjustment for highway laborers |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to amend the pay rate approved at the August 24, 2015 meeting for John Cellino, Jonathan Kent and William O’Neil and set their salaries at Group 1, Step 1, $26.12 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried |
3. Chief Denz re Status change for part-time Public Safety Dispatchers to seasonal
|
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the status of part-time Public Safety Dispatchers James McCullough and Richard Miller to part-time seasonal effective September 1 – 30, 2015 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried |
4. Chief Denz re Retirement of Kathleen Brenner
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the retirement of Kathleen Brenner and terminate her as acting Senior Police Clerk effective September 19, 2015 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried |
5. Chief Denz re Leave of absence for Colleen Schappert |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve a leave of absence for Colleen Schappert from her position as Clerk Typist in the Police Department effective September 15, 2015 thru September 14, 2016 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried |
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-18
West Seneca, NY 14224 September 14, 2015
Page five . . .
18-C COMMUNICATIONS
6. Chief Denz re Resignation of Henriette Eckl and Linda Loft as part-time crossing guards |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to accept the resignation of Henriette Eckl and Linda Loft and terminate them as part-time crossing guards effective August 26, 2015 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried |
7. Chief Denz re Appointment of Kimberly Hammersmith as part-time crossing guard
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Kimberly Hammersmith as part-time crossing guard effective September 8, 2015 at a rate of $9 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried |
8. Chief Denz re Budget transfer request |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to transfer $6628.08 from Community Policing Programs Acct. #1.3120.0164 to Police Officer Acct. #1.3120.0154, noting this is due to completion of the 2015 Community Outreach Bicycle/Foot Patrol and will comply with bookkeeping measures established by the Finance Department.
Ayes: All Noes: None Motion Carried |
9. Town Clerk re Appointment of Colleen Schappert as Senior Clerk Typist |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Colleen Schappert as Senior Clerk Typist effective September 15, 2015 at an annual salary of $42,736.99 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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10. Town Clerk re Queen of Heaven School 5K Run/Walk Against Bullying
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the request of Queen of Heaven School to hold a 5K Run/Walk to support anti-bullying awareness on Saturday, October 10, 2015 beginning at 10 A.M. on designated streets in the Town of West Seneca.
Ayes: All Noes: None Motion Carried |
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-18
West Seneca, NY 14224 September 14, 2015
Page six . . .
18-C COMMUNICATIONS
11. Finance Department re Budget amendment request |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to approve a budget amendment increasing revenue Acct. #2.3501 State Aid CHIPS Program $109,919.80 and increasing expense Acct. 002.5112.0201 CHIPS Program Expenditures $75,518.02 and Acct. 002.5112.0202 NYS Extreme Winter Recovery $34,401.78.
Ayes: All Noes: None Motion Carried
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12. Youth Service Coordinator re Termination of Jessica Vicoria as part-time recreation attendant |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate Jessica Vicoria as part-time recreation attendant effective September 21, 2015 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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13. Youth Service Coordinator re Appointment of part-time recreation attendants for Youth Theatre |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Phoebe Herreid and Molly Sergi as part-time recreation attendants effective September 15, 2015 at a rate of $8.75 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting these positions will be paid from Acct. #1.7140.0149 Salary of Other Employees – Part-Time.
Ayes: All Noes: None Motion Carried
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14. Youth Service Coordinator re Family Swim rules and waiver |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt the attached waiver and rules for Family Swim.
Ayes: All Noes: None Motion Carried *APPENDICES*
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15. Senior Recreation Therapist of Sr. Services re Status change for Carol Kennedy to part-time seasonal |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the status of part-time food service worker Carol Kennedy to part-time seasonal effective September 1 – October 30, 2015 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried |
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-18
West Seneca, NY 14224 September 14, 2015
Page seven . . .
18-C COMMUNICATIONS
16. Senior Recreation Therapist of Sr. Services re Termination of part-time employees |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to terminate part-time employees John Fechtor, Theresa Kuebler and Judith Seitz effective September 14, 2015 and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried |
17. Youth Service Coordinator re Reappointments at ice rink |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to reappoint the following part-time recreation attendants effective September 15, 2015 thru April 30, 2016, noting these positions will be paid from Acct. #1.7141.0149 Salary of Laborers – Part-Time:
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NAME HOURLY RATE NAME HOURLY RATE
Sarah Amoia $8.85 Travis Hicks $9.00
Taylor Dolan $8.85 Caroline Kane $8.75
Casey Dynarski $8.75 Jacob Kobler $8.75
Quinn Finnegan $8.85 Brooke Smith $8.75
Erin Gehen $9.15 Christopher Ziolkowski $8.75
and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried
18. Youth Service Coordinator re Appointment of recreation attendants at ice rink |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to appoint Sarah Boneberg, Nathan Roberts and Spencer Roberts as part-time Recreation Attendants at a rate of $8.75 per hour and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel, noting these positions will be paid from Account #1.7141.0149 Salary of Laborers – Part-Time.
Ayes: All Noes: None Motion Carried |
18-D REPORTS
§
Jacqueline A Felser, Town Clerk’s report for August 2015 received and filed.
§
John A Gullo, Code Enforcement Officer’s report and plumbing inspector’s report for August 2015 received and filed.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-18
West Seneca, NY 14224 September 14, 2015
Page eight . . .
18-E APPROVAL OF WARRANT
Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve the vouchers submitted for audit, chargeable to the respective funds as follows:
General Fund - $249,165.69; Highway Fund - $108,882.29; Special Districts - $65,511.06; Capital Fund - $1,099,699.24 (voucher #’s 89224-90830); Trust & Agency Fund - $48,132.27 (voucher #’s 90695-90714)
Ayes: All Noes: None Motion Carried
ISSUES OF THE PUBLIC
UNION EMPLOYEE OVERTIME
Amy Carpenter commented on upcoming contract negotiations and suggested adding flexible scheduling or shift work for white collar and blue collar employees to avoid overtime.
Supervisor Meegan stated overtime is not an issue for white collar clerks. Several offices are understaffed in comparison to other municipalities, but the only overtime for white collar employees is in the courts and the Judges have tried other schedules but it doesn’t work. The Highway Department blue collar employees work a three until midnight shift in the winter and overtime for Buildings and Grounds Department employees is mostly for tournaments.
MASTER PLAN MEETING
Amy Carpenter questioned the next Master Plan town meeting and suggested better advertisement. Councilman Hart responded there will be a meeting but he was not sure of the date at this time.
TOWN APPEARANCE
Amy Carpenter expressed concern about the general appearance of West Seneca with the Gaelic games and softball tournament coming to town and referred to weeds, garbage, litter and damaged signs. She suggested Highway Department and Buildings & Grounds workers help along with volunteers.
Supervisor Meegan stated Highway Department employees cannot work on state roads, but noted improvements and clean up that have been done throughout the town.
Karen Lucachik agreed with Mrs. Carpenter’s comments and suggested contacting NYS for permission to clean up Slade Avenue.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-18
West Seneca, NY 14224 September 14, 2015
Page nine . . .
ISSUES OF THE PUBLIC
YOUTH SERVICE COORDINATOR
Karen Lucachik complimented Youth Service Coordinator Lauren Masset on her work and also suggested increasing the price for summer camp next year.
POLITICAL CONCERNS
Karen Lucachik expressed concern about what will happen to the person that ran against Highway Superintendent Matthew English.
Supervisor Meegan responded that a lot of bad things were said about Mr. English during the campaign, but his staff was instructed to conduct themselves as gentlemen representing the town.
BEECHWOOD ROAD RESURFACING
Beverly Leising questioned the status of the Beechwood Road project. Town Engineer Steven Tanner responded the project was started late and the contractor is aware of the repercussions.
DEBATE
Beverly Leising was appalled by the literature that came out before Primary Day and suggested a debate be held to bring out the truth before Election Day.
Councilman Hart stated he asked the Chamber of Commerce to hold a debate and they will get back to him in a couple of days.
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
NATIONAL PREPAREDNESS MONTH
Senior Code Enforcement Officer John Gullo stated September is National Preparedness Month and reminded everyone to check and clean furnaces, test generators and sump pumps and stock up on food and water.
RECREATION PROGRAM UPDATES
Youth Service Coordinator Lauren Masset stated registration is open for youth basketball, over 30 hockey and men’s basketball. She is currently looking for lifeguards for family swim. Open public skate begins October 2nd.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-18
West Seneca, NY 14224 September 14, 2015
Page ten . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
FAIRFAX DRIVE RESTORATION
Town Engineer Steven Tanner referred to the Fairfax Drive restoration problems and stated an independent contracting firm was consulted and reported that crabgrass can’t be killed in the fall. They recommended two treatments in the spring and the contractor agreed to pay for this. The residents will be notified, but there may be additional complaints as some people were requesting sod.
SEWER PROJECTS
Town Engineer Steven Tanner stated he recently met with the NYS Department of Environmental Conservation (DEC) concerning the consent order and ongoing sewer projects, noting the number of sewer calls for sewage backing up in residents’ basements has decreased significantly due to the work being done. He further commented on a letter received from the DEC regarding the overflow retention facility at Plant 6 and more stringent requirements for permits which would require the town to spend a lot more money. Mr. Tanner stated they have already drastically decreased sewage into the creek and he felt the letter is unfair and the town should not be penalized for doing the right thing, noting overflows were reduced from 365 million gallons to 166 million gallons.
COURT ROOM RENOVATIONS/HANDICAPPED ACCESSIBILITY
Town Engineer Steven Tanner explained the handicapped accessible court room renovation project which includes asbestos removal. The project should begin the day after Thanksgiving and be completed approximately December 11th or 12th. The estimated cost of the project will be $100,000 to $150,000. Supervisor Meegan noted Justice Court Assistance Program and Community Development Block Grant applications were submitted for funding the renovations.
HEATHER HILL DRIVE PROJECT
Town Engineer Steven Tanner stated the Heather Hill Drive project has begun and work should be completed by November.
UPCOMING EVENTS
Senior Recreation Therapist of Senior Services Mary Josefiak reminded the public of upcoming events at the senior citizens center:
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Annual Flu Shot Clinic - September 22nd, 9 A.M. until noon
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Prescription Drug Drop Off – September 26th, 10:00 A.M. until 2 P.M.
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Informational session with Senator Gallivan on the startup of small businesses – September 16th, 4:30 P.M. until 7 P.M.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2015-18
West Seneca, NY 14224 September 14, 2015
Page eleven . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
UPCOMING CITIZEN FORUMS
Supervisor Meegan stated she has received information from County Executive Mark Poloncarz on three citizen forums scheduled for public input on needs for Erie County low to moderate income as well as elderly and handicapped residents. Meetings will be held at the Depew Village Hall on September 15th, Springville Municipal Building on September 16th, and Lackawanna Public Library on September 17th. Check the town website for further information.
TOWN HALL RESTROOM RENOVATION
Supervisor Meegan stated the Town Hall upper level restrooms will be out of service beginning September 19, 2015 for approximately four to five weeks for ADA compliant renovations.
EXECUTIVE SESSION
Motion by Supervisor Meegan, seconded by Councilman Hart, to recess to executive session at 8:30 P.M. to discuss a litigation matter.
Ayes: All Noes: None Motion Carried
The board members returned from executive session at 9:10 P.M.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 9:10 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK