Town Board Minutes
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2017-18
West Seneca, NY 14224 September 18, 2017
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 Hart.
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 Walter Yost and Robert E. Edie, Jr.
18-A MINUTES TO BE APPROVED
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve Minutes #2017-17 of September 7, 2017.
Ayes: All Noes: None Motion Carried
18-B HELD OVER PUBLIC HEARING
1.
Re: A PUBLIC HEARING TO CONSIDER ADOPTION OF LOCAL LAW NO. 5 – ABSENTEE LANDLORDS & CRIMINAL ACTIVITY, in the Town of West Seneca.
Donald Weiss stated he is opposed to landlords having to pay a fee for registering.
Councilman Hart responded there is no fee being proposed by the current Town Board and they are just looking for landlords to comply. If any future board chose to assess a fee, there would have to be another public hearing to amend the local law.
Motion by Supervisor Meegan, seconded by Councilman Hanley, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hanley, to adopt Local Law No. 5 – Absentee Landlords & Criminal Activity.
Ayes: All Noes: None Motion Carried
*APPENDICES*
1250 Union Road Minutes #2017-18
West Seneca, NY 14224 September 18, 2017
Page two . . .
18-C LEGAL NOTICES
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 REZONING FOR PROPERTY LOCATED AT 172 WESTMINSTER ROAD, BEING PART OF LOT NO. 206, CHANGING ITS CLASSIFICATION FROM M-2 TO C-1, FOR A RESIDENTIAL HOME” in the Town of West Seneca, be received and filed.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hanley, to open the public hearing.
Ayes: All Noes: None Motion Carried
No comments were received from the public.
Motion by Supervisor Meegan, seconded by Councilman Hanley, to close the public hearing.
Ayes: All Noes: None Motion Carried
Motion by Supervisor Meegan, seconded by Councilman Hart, to adopt Local Law No. 6 approving a rezoning for property located at 172 Westminster Road, being part of Lot No. 206, changing its classification from M-2 to C-1, for a residential home.
Ayes: All Noes: None Motion Carried
*APPENDICES*
2. 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 REZONING & SPECIAL PERMIT FOR PROPERTY LOCATED AT 3369 – 3385 CLINTON STREET, BEING PART OF LOT NO. 29, CHANGING ITS CLASSIFICATION FROM R-50 TO C-2 & C-2(S), FOR A RESTAURANT WITH SERVICE OF ALCOHOLIC BEVERAGES” in the Town of West Seneca, be received and filed.
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
Carol Yetter referred to comments at the Planning Board meeting that the business will be phased in and questioned how they planned to begin and expand. She further questioned paving of the parking lot.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2017-18
West Seneca, NY 14224 September 18, 2017
Page three . . .
18-C LEGAL NOTICES
2. (continued)
Ryan Mills stated the property was purchased out of mortgage foreclosure and is now under contract to be purchased by Robert Jemiolo. Mr. Jemiolo will continue to rent out the two apartments above and the duplex next door that are all currently occupied. He intends to operate the restaurant/bar himself or rent it out. Mr. Jemiolo anticipates the restaurant/bar will be open in the next three to six months, but is not sure if it will be the entire restaurant from the start or phased in. Additional paved parking is required in the rear to be in compliance with Town Code and he will be asking the Zoning Board for a one year variance for paving the area. Mr. Jemiolo plans to invest in and clean up the property.
Brian Doster lives next door to the restaurant and submitted a petition opposing the rezoning & special permit request. He stated the patio is a problem because it is located between two residential properties. The previous owners did not intend to have problems either but there was loud music, foul language and patrons invading his privacy. Mr. Doster has lived there since 1994 and there was a house in between which has since been torn down. He disagreed with the zoning change and allowing a special permit for the center portion of the property.
Supervisor Meegan questioned the number of police calls to the previous restaurant/bar. Asst. Chief Boehringer did not recall a large number of calls to the bar while it was in operation.
Supervisor Meegan questioned if Mr. Jemiolo planned to have live outdoor entertainment. Mr. Mills stated there will be no live music on the patio; however, the petitioner would like a speaker system seasonally within the limits of the sound ordinance. They also understand a special use permit is required for special events. Mr. Mills further stated they have tried to address Mr. Doster’s concerns and have agreed to a fence along the parcel adjoining his property.
Mr. Doster questioned if the petitioner would consider fencing around the patio due to privacy concerns.
Code Enforcement Officer John Gullo stated there is an elevation change between the property line and a 6’ fence will not do any good.
Mr. Mills stated they have agreed to the 8’ fence as Mr. Doster requested and are asking the Zoning Board for a variance.
Supervisor Meegan suggested shrubbery for additional screening and also noted the new sign ordinance does not allow for advertising along the fence.
1250 Union Road Minutes #2017-18
West Seneca, NY 14224 September 18, 2017
Page four . . .
18-C LEGAL NOTICES
2. (continued)
Councilman Hart commented this is an opportunity to turn this property around and thought the neighbors would prefer this use to a vacant and abandoned building.
Mr. Doster proposed applying for grant money to move the historical society to this location. Councilman Hart stated grant money is not available for that purpose.
Donald Weiss suggested approval of the rezoning with restrictions (i.e. buffer, proper lighting, etc.), so it is friendly to the neighbors.
Mr. Doster was concerned about water problems when the parking lot is paved and also questioned what happens to the zoning if the business closes.
Mr. Gullo stated a drainage plan will have to be approved by the Engineering Department. The zoning remains if the business closes, but the special use permit ceases after one year.
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 Hanley, to adopt Local Law No. 7 approving a rezoning and special permit for property located at 3369 – 3385 Clinton Street, being part of Lot No. 29, changing its classification from R-50 to C-2 & C-2(S), for a restaurant with service of alcoholic beverages, in accordance with the Manguso survey dated 06/06/2017 as follows: Parcel A rezoned to C-2; easterly parcel split into two parcels as indicated with Parcel C rezoned to C-2(S) and Parcel B rezoned to C-2; and further, conditioned upon the following: 1) limit west driveway to one way entrance and east driveway to one way exit; 2) live music is prohibited on the patio; 3) construction of an 8’ fence on the west from the rear of the building and continuing to the rear 100’ with a living foliage fence for additional screening; 4) construction of a 6’ fence on the east side of parcel B two feet off the property line to screen the full length of the house to the east.
Ayes: All Noes: None Motion Carried
*APPENDICES*
3. Motion by Supervisor Meegan, seconded by Councilman Hanley, that proofs of publication and posting of legal notice: “OF A PUBLIC HEARING TO HEAR ALL PERSONS INTERESTED IN THE USE OF FEDERAL COMMUNITY DEVELOPMENT FUNDS” in the Town of West Seneca, be received and filed.
Ayes: All Noes: None Motion Carried
1250 Union Road Minutes #2017-18
West Seneca, NY 14224 September 18, 2017
Page five . . .
18-C LEGAL NOTICES
3. (continued)
Motion by Supervisor Meegan, seconded by Councilman Hanley, to open the public hearing.
Ayes: All Noes: None Motion Carried
Supervisor Meegan proposed using federal community development block grant funds to install another stairwell exit from Town Hall through the Assessor’s office.
Beverly Leising questioned if funds can be used for recreation equipment at Tim Russert Park or picnic tables at other town parks. Supervisor Meegan responded the town has a $100,000 grant for ADA compliant equipment at Tim Russert Park and the Buildings & Grounds Department makes picnic tables for the parks.
Carol Yetter questioned if Burchfield Park is an eligible use for community development block grant funds and Councilman Hart responded it is not within the proper location.
Motion by Supervisor Meegan, seconded by Councilman Hanley, to close the public hearing.
Ayes: All Noes: None Motion Carried
18-D COMMUNICATIONS
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1. Supervisor Meegan re Creation of Director of Finance position |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to create the position of Director of Finance and authorize the Supervisor to complete and sign the necessary forms for Erie County Personnel.
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On the question, Councilman Hanley stated R.A. Mercer, the town’s independent auditor, recommended these duties be separated from the Supervisor’s duties.
Supervisor Meegan stated this position is an appointment, not a union position. She further noted the Finance Department has been reduced from five to three employees over the last few years and this position will be budget neutral.
Councilman Hart stated there is a need for a specialist in accounting and finance and this move will modernize the town. Drescher & Malecki’s cost to the town was $140,000 and the salary for the Finance Director will be $70,000 plus benefits. Drescher & Malecki will still be available for special projects if needed. Councilman Hart further stated Megan Wnek is a CPA who was an employee of Drescher & Malecki and has three years experience with the town.
Ayes: All Noes: None Motion Carried
1250 Union Road Minutes #2017-18
West Seneca, NY 14224 September 18, 2017
Page six . . .
18-D COMMUNICATIONS
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2. Supervisor Meegan re Appointment of Megan Wnek as Director of Finance
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Motion by Supervisor Meegan, seconded by Councilman Hart, to appoint Megan Wnek as Director of Finance at an annual salary of $70,000 effective September 18, 2017 and authorize the Supervisor to execute the attached professional services agreement and complete and sign the necessary forms for Erie County Personnel.
Ayes: All Noes: None Motion Carried *APPENDICES*
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3. Town Attorney re Proposed Local Law No. 8 – Tax Levy Limit Override |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to schedule a public hearing for Monday, October 16, 2017 at 7:00 P.M. to hear all persons interested in the proposed Local Law No. 8 to override the tax levy limit established in General Municipal Law Section 3-c, noting copies of Local Law No. 8 will be available in the Town Clerk’s office and may be accessed via the town’s website.
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On the question, Councilman Hanley stated this local law allows the town to start the budget process. If they begin the budget process and exceed the tax cap without having it in place, the town will face severe penalties.
Ayes: All Noes: None Motion Carried
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4. Town Attorney re Proposed Local Law No. 9 – Prohibition of Smoking on Town Property |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to schedule a public hearing for Monday, October 16, 2017 at 7:00 P.M. to hear all persons interested in proposed Local Law No. 9 - Prohibition of Smoking on Town Property, noting copies of Local Law No. 9 will be available in the Town Clerk’s office and may be accessed via the town’s website.
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On the question, Councilman Hart commented the October 16th meeting may be a busy one and suggested delaying this public hearing until the following meeting.
Motion by Councilman Hart, seconded by Councilman Hanley, to amend the motion and schedule a public hearing for Monday, October 30, 2017 at 7:00 P.M. to hear all persons interested in proposed Local Law No. 9 – Prohibition of Smoking on Town Property.
Ayes: All Noes: None Motion Carried
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2017-18
West Seneca, NY 14224 September 18, 2017
Page seven . . .
18-D COMMUNICATIONS
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5. Director of Finance re Budgetary transfer request
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to approve a budget transfer of $5,735.03 from Contingency Acct. #1.1990.480 to Equipment Acct. #1.7110.0200 for purchase of a buildings and grounds van.
Ayes: All Noes: None Motion Carried
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6. Town Justices re Attendance at NYS Association of Towns Training Conference |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to authorize Court Clerk Maureen Brownsey to attend the Association of Towns Training Conference in Ellicottville, New York, September 25 – 26, 2017 at a cost not to exceed $1,000.
Ayes: All Noes: None Motion Carried |
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7. Senior Recreation Therapist of Sr. Services re Status change for Georgiann Busse to seasonal |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time clerk typist Georgiann Busse to part-time seasonal effective October 2 – December 29, 2017 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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8. Senior Recreation Therapist of Sr. Services re Status change for Mary Ann Gullo to seasonal |
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Motion by Supervisor Meegan, seconded by Councilman Hart, to change the status of part-time ceramics instructor Mary Ann Gullo to part-time seasonal effective October 2 – December 29, 2017 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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9. Recreation Supervisor re Termination of inactive employees |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate the following employees due to inactivity effective September 19, 2017: |
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2017-18
West Seneca, NY 14224 September 18, 2017
Page eight . . .
18-D COMMUNICATIONS
9. (continued)
Danielle Aragon Benjamin Blandin Hannah J Boltz
Jeremy F Boltz Jillian Boltz Ashley R Chapman
Sarah Ciesielski Courtney Conley Rebekah Denz
Mary Fitzgerald Erin M Gatta Hannah M Gullo Christ Hallgreen Travis Hicks Alex T Kosinski
Kenneth R Morey Alise Murray Jesse Nowak
Edward R Radka Erin M Schappert
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. Highway Supt. re Part-time laborers in Buildings & Grounds Department |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to terminate John Schneck as part-time laborer effective September 11, 2017 and appoint Bryan Zurowski as part-time laborer in the Buildings & Grounds Department effective September 18, 2017 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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11. Town Justices re Status change for Julie Korczynski to part-time seasonal |
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Motion by Supervisor Meegan, seconded by Councilman Hanley, to change the status of Julie Korczynski from part-time to part-time seasonal effective September 18 – December 1, 2017 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-E REPORTS
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John Gullo, Code Enforcement Officer’s building and plumbing reports for August 2017 received and filed.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2017-18
West Seneca, NY 14224 September 18, 2017
Page nine . . .
18-F 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 - $88,126.84; Highway Fund - $66,788.01; Special Districts - $4842.12; Capital Fund - $723,759.10 (vouchers 101519 - 101755)
Ayes: All Noes: None Motion Carried
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
DOG PARK PROPOSAL
Supervisor Meegan proposed designating a fenced area of state property along Leydecker Road as a dog park and stated she has requested Grantwriter Connie Miner to look for grant funds for this purpose. She questioned what permits the town will be required to file. Senior Code Enforcement Officer John Gullo stated a building permit will be required along with site plan review.
INCLUSION OF AGRICULTURAL LANDS INTO AGRICULTURAL DISTRICTS
Supervisor Meegan read the following public notice into the record: “Per New York State Agriculture and Markets Law Section 303-b, the Erie County Legislature designated September 1 through September 30 as the annual thirty-day period during which landowners may submit requests to include predominantly viable agricultural land into an existing certified agricultural district. Copies of the application form have been provided to Municipal Clerks, Assessors and Chief Elected Officials for distribution to interested landowners. The application is also available on the DEP website at www.erie.gov/environment. The Erie County Department of Environment and Planning will accept applications from September 1 through September 30. Any questions on this process should be directed to the Erie County Department of Environment and Planning. A public hearing will also be scheduled at a later date to consider all inclusion requests and the recommendations of the Erie County Agricultural and Farmland Protection Board.
FUNDING FROM ASSEMBLYMAN MICHAEL KEARNS
Supervisor Meegan stated Assemblyman Michael Kearns has made available $125,000 for improvements at the Community Center & Library (furniture) and $300,000 for street improvements (milling & paving). Highway Sup’t. Matthew English will put together a list of streets that need paving.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2017-18
West Seneca, NY 14224 September 18, 2017
Page ten . . .
PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS
SOUND BARRIER REQUEST
Supervisor Meegan stated notice was received from the NYSDOT denying the town’s request for sound barriers. The NYSDOT evaluates noise abatement only as part of reconstruction, and although Route 400 at Bullis Road was tested, noise readings were not high enough. The NYSDOT has sent the town’s concerns to the regional district for consideration. Councilman Hart commented the NYSDOT should have done the study along the Covington Gardens area or Klas Avenue along the NYS Thruway.
SENIOR CENTER UPDATES
Senior Recreation Therapist of Senior Services Mary Josefiak stated flu shots will be available Tuesday and the Western New York Law Center will be available Wednesday morning to assist residents.
RECREATION DEPARTMENT UPDATES
Recreation Supervisor Lauren Masset stated over 30 hockey registration is currently taking place and youth basketball registration begins October 2nd. The Recreation Department is also accepting candy donations for the Enchanted Path event.
WEST SENECA HISTORICAL SOCIETY
Councilman Hanley announced the West Seneca Historical Society will have a presentation on Ely Parker on Wednesday, September 20th at 7 P.M. at the West Seneca Senior Center.
COMMUNITY CENTER & LIBRARY PROJECT
Supervisor Meegan announced there will be an update on the community center/library project at the October 2nd work session.
ISSUES OF THE PUBLIC
DOG PARK
Carol Yetter stated she likes the idea of a dog park but has concerns that there is sufficient help in the Buildings & Grounds Department to handle the additional maintenance work. Supervisor Meegan complimented the Buildings & Grounds employees on the job they do and stated that department has the same number of full-time workers as they did in 1981 and there are more parks today.
Linda Toy wanted to ensure there will be separate areas for big dogs and small dogs. Supervisor Meegan stated the project is in the planning stages and there will be more conversations to follow.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2017-18
West Seneca, NY 14224 September 18, 2017
Page eleven . . .
ISSUES OF THE PUBLIC
BUFFALO/WEST SENECA ZIP CODES
Beverly Leising referred to recent news that Buffalo is in the 30+ poverty level and expressed concern that West Seneca may be included since areas with zip codes starting with 142 indicate Buffalo. Supervisor Meegan was unaware of this and suggested Mrs. Leising contact whoever conducted the survey.
BUDGET DETAIL
Beverly Leising requested the new Director of Finance include more detail in the budget for the pool, summer camp, etc.
VOTER TURNOUT
Beverly Leising commented on the low voter turnout for Primary Day and suggested that better incentives be published to get people to vote.
LOCAL LAW NO. 9
Karen Lucachik referred to the proposed local law that will prohibit smoking on town property and questioned if this will include trucks and riding lawn mowers. Supervisor Meegan stated employees are not allowed to smoke in town vehicles or use cell phones.
DIRECTOR OF FINANCE POSITION
Karen Lucachik referred to a van purchase that was signed on September 13th by Megan Wnek who was just appointed as Director of Finance at this meeting. Supervisor Meegan responded that Mrs. Wnek has worked for Drescher & Malecki for six years and has been the liaison to the town.
INACTIVE EMPLOYEES
Karen Lucachik requested an explanation of the termination of employees in the Recreation Department. Supervisor Meegan stated they are inactive employees who haven’t worked or been paid for several weeks.
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS
1250 Union Road Minutes #2017-18
West Seneca, NY 14224 September 18, 2017
Page twelve . . .
ISSUES OF THE PUBLIC
ABANDONED PROPERTY LAW
Donald Weiss suggested an abandoned property law in the Town of West Seneca, noting there are three abandoned properties on Dirkson Avenue. Senior Code Enforcement Officer John Gullo stated the town is looking to pass a law to address this. It is being reviewed by Town Attorney John Fenz and then will be forwarded to the Town Board. Supervisor Meegan stated the town has aggressively looked at all properties and identified the zombie, vacant or abandoned homes. They are doing everything they can and have gone from 100+ homes down to 28.
ADJOURNMENT
Motion by Supervisor Meegan, seconded by Councilman Hart, to adjourn the meeting at 8:20 P.M.
Ayes: All Noes: None Motion Carried
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JACQUELINE A FELSER, TOWN CLERK