HomeMy WebLinkAbout1986_05_07 Town Board Minutes MINUTES OF THE REGULAR MEETINGS OF
THE TOWN BOARD AND BOARD OF FIRE
COMMISSIONERS OF THE TOWN OF MAMARONECK
HELD ON THE 7TH DAY OF MAY 1986 IN THE
CONFERENCE ROOF: AND THE COURT ROOM OF
THE TOWN CENTER, 740 WEST BOSTON POST
ROAD, VILLAGE OF MAMARONECK.
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CONVENE REGULAR MEETING
The Regular Meeting of the Town Board was called to order by
Supervisor Battalia at 7:30 p.m. in the Court Room.
Present were the following representing members of the Board:
Supervisor Dolores A. Battalia
Councilman Thomas R. Amlicke
Councilman Lawrence A. Lerman
Councilman Stephen Chapin
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Councilwoman Caroline Silverstone was not in attendance at this
portion of the meeting.
Stephen V. Altieri, Town Administrator and Steven M. Silverberg,
Counsel to the Town, were also in attendance at this meeting.
On motion by Councilman Lerman, seconded by Councilman Amlicke,
it was unanimously
RESOLVED, that this Board recess into
Executive Session in the Council Room
---- to discuss litigation and contract
related matters.
Thereafter, on motion by Councilman Chapin, seconded by Councilman
Lerman, it was unanimously resolved to adjourn the Executive Session
at 8:25 p.m.
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CALL TO ATTENTION - Location of Exits
Supervisor Battalia pointed out to those assembled the location of
exits as required by law for public gatherings.
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BOARD OF FIRE COMMISSIONERS
The Meeting was called to order by Commissioner Battalia at 8:30 p.m.
-- in the Court Room.
Present were the following:
Commissioner Dolores A. Battalia
Commissioner Thomas R. Amlicke
Commissioner Lawrence A. Lerman
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Also present were the following:
Patricia A. DiCioccio, Town Clerk
Stephen V. Altieri, Town Administrator
Carol A. Acocella, Deputy Town Clerk
Steven M. Silverberg, Counsel to the Town
P. Thomas Leddy, Highway Superintendent
George Derderian, Assessor
Gordon Albert, Fire Chief
William McDermott, First Deputy Fire Chief
1. Claims
Commissioner Amlicke presented fire claims for authorization of
payment and on his motion, seconded by Commissioner Lerman, it was
unanimously
RESOLVED, that this Commission hereby
authorizes payment of the following
Fire Department claims as approved
by the Fire Chief and audited by the
Comptroller's Office:
Con Edison $ 43.44
Con Edison 3.05
Con Edison 2.03
Dri-Chem Extinguisher Co. 2,914.00
ET Communications 1,838.50
Excelsior Garage & Machine Works 2,042.06
Kenny's Floor Covering Center 624.00
Larchmont Auto Parts, Inc. 8.28
Larchmont Auto Parts, Inc. 18.74
Lawrence Heat & Power 868.57
New Rochelle Water Co. 135.84
New York Telephone Co. 76.60
New York Telephone Co. 1,057.83
NYNEX Information Resources 9.00
Portronix Communications 314.90
Portronix Communications 7.50
Robert's Department Store 170.75
Spiro-Wallach Co. , Inc. 242.46
Tri-City Auto Parts 65.71
Town of Mamaroneck Professional
Fire Fighters Association 110.04
Receiver of Taxes 574.52
$11.127.82
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2. Other Business
Commissioner Amlicke asked if there was any information on the use
of Flint Park by the Fire Department for their annual picnic. Fire
Chief, Gordon Albert stated that the problem had been resolved.
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ADJOURNMENT
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There being no further business to come before this Commission, on
motion by Commissioner Lerman, seconded by Commissioner Amlicke, it
was unanimously declared that this meeting be adjourned at 8:40 p.m.
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At this time Supervisor Battalia requested that the minutes be
held over until the end of the meeting in order to proceed with
the presentations.
Supervisor Battalia also noted that Councilman Chapin had been
present for the Executive Session but was not feeling well and
left after it was adjourned, and that Councilwoman Silverstone
will be arriving late.
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RECONVENE REGULAR MEETING
At this time, on motion duly made and seconded, it was unanimously
resolved that the Regular Meeting be reconvened at 8:45 p.m.
PRESENTATION - Westchester County Department of Planning
Counsel to the Town, Steven Silverberg, gave a brief update, after
which Supervisor Battalia introduced the Commissioner of the
Westchester County Planning Board, Peter Eschweiler.
Commissioner Eschweiler explained that although there were actually
two laws dealing with referrals, the General Municipal Law 239-1, m,
and n would supercede in providing for the referral of certain classes
of municipal planning and zoning actions to the County Planning Board,
as an aid in coordinating such zoning actions and planning among
municipalities. The law would bring pertinent considerations to the
attention of municipalities so they could be aware of any consequences.
The purpose of this law was to ensure compatibility of various land
uses; traffic characteristics and their effect; impact on existing
- - county facilities; population density; community appearance; drainage;
and other matters relating to public convenience and governmental
efficiency, as well as maintaining a satisfactory environment.
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Commissioner. Eschweiler noted the principal differences being that
Notice be given within within thirty days, that the municipal boundary
that abuts the County within 500 feet of a project must be noticed to
the County, and a site plan review would be necessary.
Following a very lengthy discussion, the Supervisor thanked Commissioner
Eschweiler- for: his presentation and explanations.
PRESENTATION - Westchester County Real Property Tax - Tax Mapping
Supervisor Battalia introduced R. Warren Fosina who is with the
office of the Tax Commission for Westchester County. Mr. Fosina
reported that the Town of Mamaroneck is not in compliance with
State laws dealing with tax mapping and in order to be so the Town
- would have to revamp and redo all tax maps at a cost that has not
yet been determined but which could range from $2.00 to $5.00 per
map.
The Board discussed this issue extensively and concluded that they
could see no benefits 'to be derived from expending such large sums of
money to revise our tax maps.
The Supervisor thanked Mr. Fosina for his report.
At this time, Councilwoman Caroline Silverstone arrived .
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AFFAIRS OF THE TOWN
1. Authorization - Computer Consultant
The Town Administrator, Stephen Altieri, stated that a
proposal had been prepared to provide services to the Town
from D B Systems Corporation of White Plains and from Wellman
Associates of Mamaroneck. He added that these services would
cover four major areas, the Assessor's office, the Town Clerk's
office, the Building Inspector's office and the development of
a Town Budget. We kept these as priorities, he added, in
meeting with the Management Advisory Committee which reviewed
the proposals received. He further explained that the
proposal from Wellman Associates was for the development of
- a requirements document which would identify needs of the
Town but would not include any of the work contemplated by
D B Systems in their proposal; the cost of preparation would
be $2,500 and the total price of the consulting work proposed
by D B Systems is $24,000 but this does not include the cost
of purchasing the computer hardware for the Town.
After some discussion by the Board members with questions
fielded by Mr. Altieri, on motion by Councilwoman Silverstone,
seconded by Councilman Lerman, it was unanimously
RESOLVED, that this Board hereby
authorizes the Town Administrator to
enter into an agreement with D B
Systems. of White Plains, New York '..
for providing computer consulting
services to the Town of Mamaroneck.
2. Authorization - Sale of Surplus Equipment
Stephen Altieri, Town Administrator, reported that the Town
owns two small pieces of equipment no longer utilized by the
Town's Highway Department, a paint machine valued at approximately
$150.00 and a wheelhouse tractor also valued at approximately
$150.00, which would be in our best interests to declare
surplus and offer for sale.
Thereafter, on motion by Councilwoman Silverstone, seconded by
Councilman Amlicke, it was unanimously
RESOLVED, that this Board hereby
declares the following pieces of
equipment as surplus:
Kelly-Cresswell Paint Machine
Serial 164453228, Model 16S-7D
Wheelhouse Tractor
Serial 16634566, Model 1/1-7451;
and be it further
RESOLVED, that this Board hereby
authorizes the Town Administrator
to offer said equipment for sale.
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3. Authorization - Agreement Village of Mamaroneck re: Town
Center Police Response
The Town Attorney, Steven Silverberg, explained the terms of
the Police Response Agreement between the Village of Mamaroneck
and the Town regarding police response at the Town Center.
Thereafter, on motion by Councilman Amlicke, seconded by
Councilman Lerman, it was unanimously
RESOLVED, that this Board hereby
_.- authorizes the Town Supervisor,
Dolores A. Battalia, to execute the
Police Response Agreement as executed
by Village of Mamaroneck Mayor, Paul
-- Noto, on April 28, 1986 and annexed
hereto:
Agreement this of March 1986
Between the Town of Mamaroneck (hereinafter the "Town") and the Village of:Mamaroneck
(hereinafter the "Village") with regard to Police response at the Town Center located
at 740 West Boston Post Road Mamaroneck, New York.
WHEREAS, The Town Police Department shall be relocated to the Town Center of the Town
of Mamaroneck,
WHEREAS, there is a mutual concern as to police response to the Town Center which
is located within the Village, and
WHEREAS, it is in the best interest of both municipalities to have a mutual agreement
as to police response at the Town Center it is
Hereby agreed as follows:
1. The Town police shall be primarily responsible for all police emergencies, incidents,
-- and investigations which occur within the confines of the Town Center property,
both the building and adjoining parking lots etc.
2. That in the event that additional assistance is needed by the Town Police the
Village shall supply such mutual aid as is required under various mutual aid
agreements executed by the municipalities.
3. That in the event that there is a complaintconcerning activities of the Town
Police on the Town Center property, any such complaint shall be investigated
by the Town Police and all such complaints shall be forwarded to the Town
Police by the Village Police if received initially by the Village Police Department.
4. That in the case of arrests made by Town police officers at the Town Center
property the parties arrested will be arraigned and prosecuted in the Village
Court of the Village.
5. That in the case of emergencies requiring ambulance or emergency medical treatment
the Village facilities will be used for that purpose due to the proximity of such
facilities as opposed to the Town's voluntary ambulance Corp.
6. This agreement is entered into in a spirit of cooperation between the two municipal-
ities as to avoid any conflict over police protection or police response and to
insure the maximum efficiency in response to the public and to insure the public
safety. Should any dispute arise as to jurisdiction then the parties hereto shall
endeavor to resolve such dispute in the spirit of this agreement.
7. This agreement is binding upon both municipalities until terminated and may not be
terminated without the consent of both Municipal Boards.
This agreement shall take affect immediately upon adoption by the Village Board
and the Town Board.
Mayor
Supervisor
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4. Appointments - Zoning Board
Councilman Lerman nominated Arthur Wexler to fill the vacancy
of Peter Mosher on the Zoning Board of Appeals and also
nominated Thomas Gunther. He then gave brief background
information on each and upon his motion, seconded by
Councilwoman Silverstone, it was unanimously
RESOLVED, that Arthur Wexler of
4 Chatsworth Avenue, Village of
Larchmont, be, and he hereby is,
appointed as a member of the Zoning
Board of Appeals to fill the vacancy
caused by Peter Mosher, such term
expiring February 19, 1990;
and be it further
RESOLVED, that Thomas Gunther of
21 Valley Road, Town, be, and he
hereby is, appointed as a member of
the Zoning Board of Appeals for a
term of five years, expiring
February 19, 1991.
5. Appointment - Board of Ethics
Upon recommendation of Supervisor Battalia and on motion by
Councilwoman Silverstone, seconded by Councilman Lerman, it
was unanimously
RESOLVED, that Joseph DeSalvo of
246 Knollwood Avenue, Village of
Mamaroneck, be, and he hereby is,
appointed as a member of the Board
of Ethics for a term of one year.
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6. Report of Bids - Refuse Packer Truck
After a brief explanation by Town Administrator, Stephen Altieri,
who stated that although Willow Motors of Port Chester, New York,
had submitted the lowest bid, their proposal did not meet the
Town's specifications in two areas. First, he explained, that
we specified a 1986 or newer vehicle and their proposal was for
a 1985 and second, we indicated an automatic transmission and
they proposed a standard manual transmission which, we have
found from experience, does not hold up as well.
Thereafter, on motion by Councilwoman Silverstone, seconded by
Councilwoman Amlicke, it was unanimously
RESOLVED, that this Board hereby
awards Contract #TA-86-2 for furnishing
and delivering one (1) Twenty Cubic
Yard Refuse Packer Truck to the lowest
responsible bidder, Atlas.White Truck
Sales, 234 South Fourth Avenue, Mount
Vernon, New York, in accordance with
specifications;
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and be it further
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RESOLVED, that the Town Administrator
is authorized to execute the contract
with Atlas White Truck Sales.
7. Set Public Hearing Date - Bond Anticipation Note (Refuse Packer)
On motion by Councilwoman Silverstone, seconded by Councilman
Amlicke, it was unanimously
RESOLVED, that this Board hereby sets
May 21, 1986 as the date for a Public
Hearing on a bond anticipation note
for a Refuse Packer Truck;
and be it further
RESOLVED, that the Town Clerk be, and
she hereby is, authorized to publish
in The Daily Times, the Notice of
said Hearing as required by law.
8. Report of Bids - Paving Materials
On motion by Councilman Amlicke, seconded by Councilwoman
Silverstone, it was unanimously
RESOLVED, that this Board hereby
accepts the bid of the lowest
responsible bidder meeting specifi-
cations supplying various pavement
materials, namely Peckham Industries
at the bid prices submitted;
and be it further
RESOLVED, that the Administrator is
hereby authorized to enter into a
contract with Peckham Industries for
blacktop in place;
and be it further
RESOLVED, that this Board hereby accepts
the bid of the lowest responsible bidder
meeting specifications for various sizes
of trap rock, namely Tilcon at the bid
prices submitted;
and be it further
RESOLVED, that the Administrator is
hereby authorized to enter into a
contract with Tilcon for various sizes
of trap rock;
and be it further
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RESOLVED, that this Board hereby accepts
the bid of the lowest responsible bidder
meeting specifications for washed sand,
namely Montauk Sand & Gravel, in the
amount of $4.00 FOB, $10.75 DEL. per
cubic yard; j
and be it further
RESOLVED, that the Administrator is
hereby authorized to enter into a
contract with Montauk Sand & Gravel
for washed sand;
and be it further
RESOLVED, that this Board hereby accepts
the bid of the lowest responsible bidder
meeting specifications for bituminous
concrete materials, namely Peckham
Industries at the bid prices submitted;
and be it further
RESOLVED, that the Administrator is
hereby authorized to enter into a
contract with Peckham Industries for
Bituminous concrete materials;
and be it further
RESOLVED, that this Board hereby accepts
the bid of the lowest responsible bidder
meeting specifications for supplying and
installing asphalt materials, as outlined
on the bid sheet submitted, namely
Peckham Industries, in the amounts
specified on the bid sheet;
and be it further
RESOLVED, that the Administrator is hereby
authorized to enter into a contract with
Peckham Industries for supplying and
installing asphalt materials.
9. Salary Authorization - Town Court
The Town Administrator explained that approximately four weeks
ago, a part-time clerk resigned from the Town and it became
necessary to fill this position as soon as possible. He
reported that Susan Russell has been hired to fill this
vacancy at a salary rate of $6.50 per hour. Thereafter, on
motion by Councilman Lerman, seconded by Councilman Amlicke,
-- it was unanimously
RESOLVED, that as provided for in the
--- 1986 Town Budget, this Board hereby
authorizes the appointment of Susan
Russell as part-time Clerk in the Town
Court at a rate of compensation of
$6.50 per hour.
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10. Coastal Zone Management - Acceptance of DEIS-Set Date For
Public Hearing
On motion by Councilman Lerman, seconded by Councilman
Amlicke, it was unanimously
RESOLVED, that this Board hereby sets
Thursday, May 29, 1986 at 8:15 p.m. as
the date and time for a Public Hearing
on acceptance of the draft environmental
impact study;
and be it further
RESOLVED, that the Town Clerk be,
and she hereby is, authorized to
publish in The Daily Times, the
Notice of said Hearing as required
by law.
11. Set Public Hearing Date - Maloney/Beringer Subdivision
After a brief explanation by William Maker, an attorney for
Mr. Maloney, and on motion by Councilman Lerman which was
seconded by Councilwoman Silverstone, the following resolution
was unanimously adopted:
WHEREAS, a portion of this subdivision
lies outside the sewer district which
means that sewer lines constructed
therein cannot be connected to the
pipes located in the sewer district
unless the boundary line thereof is
extended; and
WHEREAS, the maximum amount proposed
to be expended.by the Town of Mamaroneck
for this improvement is $-0- since the
developer has proposed to pay for the
improvements; and
WHEREAS, the map, plan and report
prepared by William Morgenroth, P.E.
are on file in the office of the Town
Clerk and are available for public
inspection; and
WHEREAS, it has been determined that the
action sought is a Type II action as
defined in section 617.13 (d) (20) of
the regulations promulgated pursuant to
the New York State Environmental Quality
Review Act and in Section 23-15D (2) of
the Code of the Town of Mamaroneck;
NOW, THEREFORE BE IT
-- RESOLVED, that this Board hereby sets
May 21, 1986 as the date for a Public
Hearing on the Maloney/Beringer Subdivision;
and be it further
RESOLVED, that the Town Clerk be, and she
hereby is, authorized to publish in The
Daily Times, the Notice of said Hearing
as required by law.
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On motion by Councilwoman Silverstone, seconded by Councilman 32
Lerman, the following proclamation was unanimously adopted:
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PROCLAMATION
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WHEREAS, the Town of Mamaroneck is especially enriched
by the contributions which Senior Citizens
make to all aspects of our Community; and
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WHEREAS, older citizens of Mamaroneck bring their
wisdom, experience, and enthusiasm to countless
endeavors which benefit all citizens and
represent a vital resource which must not be
diminished; and
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WHEREAS, we celebrate the vital presence of older
members of our families and the Community
by understanding their need to live lives
of dignity and independence with opportunity
for full participation in life; and
WHEREAS, we ask all residents of the Town of Mamaroneck
to join with us in recognizing and honoring
our Senior Citizens and wish them many more
years of health and happiness;
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--- NOW, THEREFORE BE IT
RESOLVED, that I, Dolores A. Battalia, Supervisor of the
Town of Mamaroneck, do hereby proclaim the
month of May 1986 as
SENIOR CITIZENS' MONTH
throughout the Town of Mamaroneck.
IN WITNESS THEREOF, I have hereunto
set my hand and caused the Seal of
the Town of Mamaroneck to be affixed
this 7th day of May, 1986.
Supervisor Dolores A. Battalia
Town of Mamaroneck
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On motion by Councilman Amlicke, seconded by Councilman Lerman,
the following Proclamation was urlataimously adopted:.
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PROCLAMATION
',. WHEREAS, the Town of Mamaroneck recognizes the efforts
and contributions of the members of our
Police Department toward assuring the health,
welfare, and safety of our Community; and
WHEREAS, the members of the Town of Mamaroneck Police
Department have served the Town and its
residents with dedication, professionalism,
skill and dignity; and
WHEREAS, the Town Council wishes to honor the members
of the Department and to acknowledge their
important role in maintenance and preservation
of the quality of life in the Town;
NOW, THEREFORE BE IT
-- RESOLVED, that the week of May 12, 1986 be proclaimed
POLICE WEEK
throughout the Town of Mamaroneck and all
residents of our Community are urged to join
with us in honoring these devoted public
servants.
Adopted by the Town Council of
the Town of Mamaroneck on the
7th day of May 1986.
Supervisor Dolores A. Battalia
Town of Mamaroneck
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On motion by Councilman Lerman, seconded by Councilman Amlicke,
the following proclamation was unanimously adopted:
PROCLAMATION
WHEREAS, the pressures and stresses experienced in
today's society present a serious threat
in the general health of the American people,
affecting each and everyone of us to some
degree; and
WHEREAS, stress can result in depression, anxiety,
emotional disorders and damaging physical
health; and
WHEREAS, rising health care costs make it even more
imperative that we pursue the goals of good
mental health and the prevention of mental
and physical illness;
NOW, THEREFORE BE IT
- RESOLVED, that the month of May 1986 be proclaimed
MENTAL HEALTH MONTH
throughout the Town of Mamaroneck and that
we recognize the diligent efforts of the
Mental Health Association of Westchester
County for providing a wide range of services
to Communities throughout the County.
IN WITNESS THEREOF, I have
hereunto set my hand and
caused the seal of the Town
of Mamaroneck to be affixed
this 7th day of May 1986.
Supervisor Dolores A. Battalia
Town of Mamaroneck
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WRITTEN COMMUNICATIONS
There were no written communications to come before the Board at
this time.
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ORAL COMMUNICATIONS
There were no oral communications to come before the Board at this
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time.
THE TOWN CLERK
Reports
The Town Clerk presented the report of the Town Clerk's Office for
the month of April 1986.
THE SUPERVISOR
Reports
Supervisor Battalia:
1) stated that on April 17th she was invited to a Larchmont Rotary
Club meeting.where she received a check for $500.00 from monies
that they have raised and are contributing to the SAFE Program.
The funds are already in the hands of the Committee on Family
and Youth and will be put to good use.
2) extended the appreciation of the Town to the Committee on
Family and Youth for the job they did with Substance Abuse
Awareness Month.
3) stated that on Apri1. 20th she was a guest at the Westchester
Jewish Center for a very moving Holocaust Memorial Service.
4) on April 23rd she and the Town Administrator attended an
Association of Public Administrators Meeting at the College
of New Rochelle where Sister Dorothy Ann Kelly was presented
with The Public Service Award.
5) on April 24th she attended a birthday party for Seniors at
our new Town Center Senior Center.
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6) stated that on April 29th she testified at hearings in White
Plains on the subject of CRACK and the availability of this
substance in our Community and Westchester County. A proposal
was made by a number of the Board of Legislators to use fines
from drug arrests to fund substance abuse programs.
7) stated that on May lst she attended the County Executive's
salute to labor breakfast which was attended by most of the
labor unions in the County.
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Councilwoman Silverstone:
1) stated that she attended the Arbor Day celebration of the
Larchmont/Mamaroneck Garden Club. A pear tree was planted
on upper Rockingstone Avenue across from Colonel Mott's
House.
Councilman Amlicke:
1) stated that he would like to get confirmation from Mr. Altieri
regarding a Burglar Alarm Committee meeting. Mr. Altieri
stated that a meeting would take place at the Town Center in
the Conference Room on May 13th.
2) stated that the Joint Planning Group has met twice since the
last Board Meeting. They have requested again to be provided
with a secretary to take the minutes. Their next meeting will
be on May 27th and he stated he would appreciate if we could
continue to look for a secretary.
3) that he would like to report without going into detail what
the recommendations are about traffic and parking which are
the main subjects that the Joint Planning Commission are
dealing with. At the next meeting these recommendations
will be discussed by consultants in detail and the final
report will be presented well in advance of the deadline.
Supervisor Battalia stated all Board members should attend
the meeting on May 27th, and to let Zoning, Traffic and
Planning know and encourage all their members to attend also.
4) stated that on May 6th the Cable Board of Control met, and
discussed new ruling procedures and were being pushed by the
New York State Commission on Cable TV, whereby the State is
trying to control the amount of access to stations at a
local level. The Board of Control has written a letter on
behalf of our three Communities to the State requesting
that there be an adjournment of the hearing.
5) asked when the Board wanted to discuss the Library contract.
Supervisor Battalia stated that we should plan on discussing
it in Executive Session before the next Board meeting.
6) stated that he and other Board members received a letter
from the New York State Senate which informs us that new
legislation is being proposed which is pending concerning
liability. Supervisor Battalia stated that Sen. Oppenheimer
was here and had discussed that at the last Board meeting
when Councilman Amlicke was absent.
Councilman Lerman:
-- 1) stated that the Ice Rink Committee will meet on the 19th at
which time a report from the consulant will be presented.
Councilman Amlicke and myself are liasions to that Committee.
- In addition, that Committee has tri-municipal involvement,
both representatives from the Village of Larchmont have been
contacted, I also spoke to Mayor Noto and he assured me that
he will appoint two trustees from the Village of Mamaroneck
to attend.
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Supervisor Battalia asked that the PT Council also be
notified of that meeting.
2) stated that he met with the Fire Council and many items were
discussed including the rationale for the purchase of a fire
truck. He added that the Chief had met with Mr. Altieri and
they went over, point by point, the reasons why renovations
to the current engine were not feasible.
Supervisor Battalia stated that she had been requested by the Arthritis
Foundation to give a plug to the Channel 3 cable show.
APPROVAL OF MINUTES
The minutes of the regular meeting of March 19, 1986 were presented
and on motion by Councilwoman Silverstone, seconded by Councilman
Lerman, with Councilman Amlicke abstaining since he was not present
at that meeting, were unanimously approved as corrected.
ADJOURNMENT
There being no further business to come before the Board, on motion
duly made and seconded, the meeting was declared adjourned at 11:30 P.M.
Patricia DiCioccio
Town Clerk
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