HomeMy WebLinkAbout2008_11_19 Town Board Minutes November 19, 2008
MINUTES OF THE REGULAR MEETING OF THE TOWN BOARD OF
THE TOWN OF MAMARONECK HELD ON NOVEMBER 19, 2008 AT
8:15 PM IN THE COURT ROOM OF THE TOWN, 740 W. BOSTON
POST ROAD, MAMARONECK, NEW YORK
PRESENT:
Supervisor Valerie M. O'Keeffe
Councilwoman Phyllis Wittner
Councilman Ernest C. Odierna
Councilwoman Nancy Seligson
Councilman David J. Fishman
ALSO PRESENT: Christina Battalia, Town Clerk
Stephen V. Altieri, Town Administrator
William Maker, Jr., Town Attorney
WORK SESSION
2009 Budget
Tony Siligato the Town Comptroller was present. The Board discussed memorandums
for the 2009 Capital Improvement Plan, the Debt Service Payments Amortized Over 20
Years, Debt Service Appropriations — 3 Year Budgetary Analysis by Fund and a Draft
2009 Preliminary Budget.
Larchmont Reservoir Pathway
Richard Ward, Village of Larchmont Trustee, advised the Board on the status of work
being done via Con Edison along the entrance pathway to the Reservoir. He asked the
Board to consider creating a permanent pathway for pedestrians coming from Bonnie
Way and Sackets Circle. Approval would have to be granted by New York State for a
path through the State right-of-way. The Board agreed to look into the possibility.
Miscellaneous Items
Councilwoman Seligson gave a report of the Planning and Zoning Board Meetings she
attended. Of note were variances granted to 4 Rocky Hollow, applications for Five
Guys Hamburger Restaurant and the Winged Foot subdivision. The Board asked Mr.
Altieri to review the deed restrictions for the Rocky Hollow subdivision.
She also reported that the candidate for the Board of Architectural Review was unable
to come this evening -that appointment should be deferred.
Councilman Fishman reported on the Housing Authority. Due to the fine stewardship
of the Authority the Town will be receiving another payment in 2009.
Intersection of Myrtle and No. Chatsworth
Phil Cimino the Town Traffic Consultant reviewed with the Board the proposal for the
illuminated signs at the intersection. The Board discussed placement and cost. The
estimated cost would be approximately $25,000 - $30,000.
On motion of Supervisor O'Keeffe, seconded by Councilman Fishman, the Board
unanimously agreed to enter into Executive Session to discuss Employment History.
EXECUTIVE SESSION
Employment History
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November 19, 2008
CALL TO ORDER
The regular meeting of the Town Board was called to order by Supervisor O'Keeffe at
8:50PM she then pointed out the location of exits.
UPDATE FROM ASSEMBLYMAN GEORGE LATIMER
Supervisor O'Keeffe welcomed Assemblyman George Latimer, who dropped by this
evening to address the Town of Mamaroneck residents. Assemblyman Latimer gave an
update on the Town of Mamaroneck's Home Rule Legislation, a bill currently in the
Legislature to create a Special Parking District for resident on-street parking in
Washington Square. Although already passed by the Assembly, it is highly unlikely
that the Senate will vote on this before the new year. Therefore, the bill will have to be
resubmitted. Assemblyman Latimer promised to have it immediately resubmitted in the
Assembly. As for the State Budget, the only good news is the Governor has not
discussed cutting direct aid to municipalities in his 2008/2009 budget cuts.
PUBLIC HEARING— Traffic Control – Murray Avenue, Myrtle Boulevard & North
Chatsworth Avenue
The following notice of Public Hearing was entered into the record:
NOTICE OF PUBLIC HEARING
Adjourned from October 1, 2008 and October 15, 2008
PLEASE TAKE NOTICE, that an adjourned Public Hearing will be held by the Town
Board of the Town of Mamaroneck on November 19, 2008, at 8:15 PM or as soon
thereafter as is possible in the Court Room of the Town Center, 740 W. Boston Post
Road, Mamaroneck, New York to consider the modifications to the intersection of
Myrtle Boulevard and N. Chatsworth Avenue.
Purpose: To maintain or remove the "No Turn on Red" signs at each point in the
intersection of Myrtle Boulevard and N. Chatsworth Avenue.
Purpose: To maintain or remove the "No Turn on Red" sign at the point where Murray
Avenue terminates at Myrtle Boulevard which prohibits motor vehicles traveling south
on Murray Avenue from making a right turn when the traffic-control signal located
within Myrtle Boulevard at that point displays a steady circular red signal for
southbound traffic on Murray Avenue.
Purpose: To create a "No Turn on Red" sign at the point where Murray Avenue
terminates at Myrtle Boulevard which prohibits motor vehicles traveling west on Myrtle
Avenue from making a right turn when the traffic-control signal located within Myrtle
Boulevard at that point displays a steady circular red signal for westbound traffic on
Myrtle Boulevard.
The full text of these recommendations may be examined and copies obtained at the Town
Clerk's office during regular hours (Monday through Friday, 8:30 AM to 4:30 PM, or until
4:00 PM during June, July and August) at 740 W. Boston Post Road Mamaroneck, New
York.
PLEASE TAKE FURTHER NOTICE that at the Public Hearing all persons interested will
be given an opportunity to be heard and that all persons are invited to submit written
comments at or prior thereto.
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF MAMARONECK
CHRISTINA BATTALIA
TOWN CLERK
Original Publication: September 20, 2008
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November 19, 2008
On motion of Councilwoman Wittner, seconded by Councilman Odierna, the
Public Hearing was unanimously reopened.
Mr. Altieri gave a brief history of the intersection and then introduced Phil
Cimino the Town's Consultant. Mr. Cimino explained the new modification being
recommended for the intersection. His recommendation is for the installation of
an illuminated sign which will not allow a `Turn on Red' when the exclusive
pedestrian walk phased is activated. This will be in effect at each corner of the
Myrtle Boulevard and No. Chatsworth intersection.
The Board will also be installing a `count down' walk signal, versus a 'walk' / 'don't walk'
signal.
Supervisor O'Keeffe asked if anyone wished to speak for or against the proposed
modifications.
The following residents spoke in favor of the new modification:
Carol Aloise
Arnold Becker
Ronald Lenney
Mr. Kahan
Bill Zelenka
Wendy Paddock
Steve Anderson
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the
Public Hearing was unanimously closed.
On motion of Councilwoman Seligson, seconded by Councilwoman Wittner, it was
unanimously
RESOLVED, that the Mamaroneck Town Board hereby declares
the adoption of the proposed Local Law "Control of Right
Turns at the Intersection of North Chatsworth Avenue and
Myrtle Boulevard" Law to be a Type II action under the New
York State Environmental Quality Review Act (SEQRA)
requiring no further action.
On motion of Councilman Fishman, seconded by Councilman Odierna, Local
Law No. 10-2008 was adopted as written.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
On motion of Councilwoman Wittner, seconded by Councilman Odierna, Local Law
No. 10-2008 was unanimously rescinded as written.
On motion of Councilman Fishman, seconded by Councilman Odierna the
following Local Law was adopted with the addition of an effective date of
February 1, 2009:
Local Law No. 10 -2008
This local law shall be known as the "Control of Right Turns at the Intersection
of North Chatsworth Avenue and Myrtle Boulevard" Law
BE IT ENACTED by the Town Board of the Town of Mamaroneck
Section 1 — Purpose:
Currently there are "No Turn on Red" signs at the following three corners:
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November 19, 2008
1. the corner formed by the intersection of the easterly side of North
Chatsworth Avenue and the southerly side of Myrtle Boulevard which
prohibits motor vehicles traveling north on North Chatsworth Avenue
from making a right turn when the traffic-control signal located within the
intersection of North Chatsworth Avenue and Myrtle Boulevard displays a
steady circular red signal for northbound traffic on North Chatsworth
Avenue,
2. the corner formed by the intersection of the easterly side of North
Chatsworth Avenue and the northerly side of Myrtle Boulevard which
prohibits motor vehicles traveling west on Myrtle Boulevard from making
a right turn when the traffic-control signal located within the intersection
of North Chatsworth Avenue and Myrtle Boulevard displays a steady
circular red signal for westbound traffic on Myrtle Boulevard , and
3. the corner formed by the intersection of the southerly side of Myrtle
Boulevard and the westerly side of North Chatsworth Avenue which
prohibits motor vehicles traveling east on Myrtle Boulevard from making
a right turn when the traffic-control signal located within the intersection
of North Chatsworth Avenue and Myrtle Boulevard displays a steady
circular red signal for eastbound traffic on Myrtle Boulevard.
At issue is whether these signs should remain or be removed, whether there
should be a No Turn on Red sign prohibiting motor vehicles traveling south on North
Chatsworth Avenue from making a right turn onto Myrtle Boulevard when facing a red
light or whether there is another way to control right turns within this intersection.
Under this law, right turns on red at each corner of this intersection would be
prohibited during the exclusive pedestrian crossing phase but would be permitted at
other times.
Section 2— Installation of an Electronic Traffic-Control Signal:
An electronic traffic-control signal shall be installed at a point or points within
the intersection formed by the intersection of North Chatsworth Avenue and Myrtle
Boulevard as will provide optimal visibility for motorists entering that intersection. The
signal will illuminate with a message either in words or in international symbols or both
indicating that:
(a) Motor vehicles traveling west on Myrtle Boulevard when facing a steady
circular red signal from the traffic-control signal located within the intersection of North
Chatsworth Avenue and Myrtle Boulevard are prohibited from making a right turn,
(b) Motor vehicles traveling south on North Chatsworth Avenue when facing a
steady circular red signal from the traffic-control signal located within the intersection
of North Chatsworth Avenue and Myrtle Boulevard are prohibited from making a right
turn,
(c) Motor vehicles traveling east on Myrtle Boulevard when facing a steady
circular red signal from the traffic-control signal located within the intersection of North
Chatsworth Avenue and Myrtle Boulevard are prohibited from making a right turn and
(d) Motor vehicles traveling north on North Chatsworth Avenue when facing a
steady circular red signal from the traffic-control signal located within the intersection
of North Chatsworth Avenue and Myrtle Boulevard are prohibited from making a right
turn.
Such signal will illuminate and thereby prohibit right turns only when the exclusive
pedestrian crossing phase for crossing North Chatsworth Avenue or Myrtle Boulevard
shown on the "Don't Walk/Walk" signals within the intersection is activated. At other
times a motor vehicle traveling in one of the directions described in paragraphs (a), (b),
(c) and (d), above shall be permitted to make a right turn when facing a steady circular
red signal from the traffic-control signal located within the intersection of North
Chatsworth Avenue and Myrtle Boulevard.
Section 3—Sign(s) to be Erected and Painting to be Done:
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November 19, 2008
In addition to the electronic traffic-control signal, an appropriate sign or signs
shall be erected on and/or above, and/or striping shall be painted on the surface of
North Chatsworth Avenue and Myrtle Boulevard indicating where and when turning is
prohibited by this law.
Section 4—Severability:
Should any provision of this Local Law be declared invalid or unconstitutional
by any court of competent jurisdiction, such declaration of unconstitutionality or
invalidity shall not affect any other provisions of this Local Law, which may be
implemented without the invalid or unconstitutional provisions.
Section 5— Effective Date:
This Local Law shall become effective upon the later of its filing with the
Secretary of State or February 1, 2009.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
On motion of Councilman Fishman, seconded by Councilman Odierna, it was
RESOLVED, that the Mamaroneck Town Board does hereby
authorize the Town Comptroller to transfer funds, not to
exceed $40,000, for the implementation of Local Law No. 10-
2008.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
BOARD OF FIRE COMMISSIONERS
The meeting was called to order by Commissioner O'Keeffe then on motion of
Commissioner Seligson, seconded by Commissioner Wittner, the Board of Fire
Commissioners was unanimously declared open.
Present were the following members of the Commission:
Commissioner: Valerie M. O'Keeffe
Commissioner: Phyllis Wittner
Commissioner: Ernest C. Odierna
Commissioner: Nancy Seligson
Commissioner: David J. Fishman
1. FIRE CLAIMS
Commissioner Seligson presented fire claims for authorization of payment, thereafter
on Commissioner Seligson's motion, seconded by Commissioner Wittner, it was
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:
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November 19, 2008
AAA Emergency Supply Co. Inc. Air Compressor $303.45
AAA Emergency Supply Co. Inc. Hydrotest $197.00
Avaya Pagers $51.89
Cablevision Monthly Cable $79.17
Christopher DeNisco Gas Reimb.-Chief's Car $65.00
Cleaning Systems Supplies $389.51
Cleaning Systems Supplies $261.15
Con Ed Utilities-Gas $491.25
Crown Trophy Plaque $75.00
Inter-State Diagnostics Physical Exams $8,799.00
John Pierce Mileage Reimb. $73.72
Kussmaul Electronics Co. Auto Pump $415.46
Pitt Stop Auto Parts Auto Parts $69.00
Proftech Office Supplies $281.12
Rickert Lock & Safe Co. Lock Repair $110.00
Superior Backflow Testing Backflow Prev. Testing $125.00
Tri-City Auto Parts Auto Supplies $106.65
United Water New Rochelle Water $306.81
Verizon Wireless Cell Phones $268.11
Winzer Corp. Supplies $50.00
Total: $12,518.29
The above resolution was put to a roll call vote:
Commissioner Fishman Aye
Commissioner Seligson Aye
Commissioner Odierna Aye
Commissioner Wittner Aye
Commissioner O'Keeffe Aye
2. Other Fire Department Business
Commissioner Wittner read the Fire Report for the Month of October, 2008 and the
Service Awards Report for the Third Quarter of 2008, as submitted by Chief Commender
as follows:
October 2008
ALARM TYPE NUMBER
Generals 18
Minors 24
Stills 2
Out of Town (Mutual Aid) 3
EMS 23
Drills 2
TOTAL 72
Total Number of personnel responding: 775
Total Time working: 32 hours and 13 minutes
Service Awards Report—Third Quarter 2008
See end of Minutes as Appendix A
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November 19, 2008
There being no further business to come before the Commission, on motion of
Commissioner Seligson, seconded by Commissioner Wittner, the Commission
unanimously adjourned and the Town Board reconvened.
AFFAIRS OF THE TOWN
1. Appointment— Board of Architectural Review
Deferred
2. Authorization — Transfer of Funds —Telephone System Replacement
On motion of Councilwoman Wittner, seconded by Councilman Fishman, it was
RESOLVED, that the Mamaroneck Town Board does hereby
authorize the Town Comptroller to make final transfers of
$5,180.00 from the Highway Fund Account# DB 9900.9901 into the
Townwide Account# A 5033 and $26,585.00 from the Fire District
Account# SF 9900.9901 into the Townwide Account#A 5034 for
the installation of the telephone system in the Town Center,
Highway Garage and Fire Headquarters.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
3. Approval of Certiorari
Deferred
4. Resolution —Westchester County Flood Program Grant
Mr. Altieri explained that in April of 2008 the Town submitted two grant
requests for funding under the Westchester County Flood Action Program , one
for flood control at the Gardens' Lake the other for Cabot Road. The Gardens'
Lake project was accepted for further evaluation, but because there was no direct
impact upon a County owned facility or County owned infrastructure, the Cabot
Road project was rejected.
It was further explained that the current grant application is to remove an
additional 8,500 yards of material from the Lake, bringing the total amount of
dredge material to 11,000. It also includes the installation of an outlet structure
(valve) at the southern end of the lake. This project would enable the Town to
control the level of the Lake prior to and during heavy rain events, thus providing
additional flood protection for the residents around the Gardens' Lake as well as
protection to residents and commercial properties downstream in the Town and
Village of Mamaroneck. The project is estimated to cost approximately $1.5
million, with funding proposed as follows:
Westchester County $700,000
Town of Mamaroneck $400,000
New York State $400,000
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November 19, 2008
As part of the grant application process the Town Board is required to adopt a
resolution to demonstrate its commitment to the project
On motion of Councilwoman Wittner, seconded by Councilman Odierna, the
following was approved,
WHEREAS, the Westchester County Department of Planning is
accepting applications for funding under the Westchester County
Flood Action Program; and
WHEREAS, the program as outlined by Westchester County is
designed to assist local municipalities with capital improvements
necessary to reduce the incidents of flooding and limit the property
damage that accompanies flooding; and
WHEREAS, the Town of Mamaroneck finds that flooding is indeed an
issue that must be addressed in the community for the protection of
its residents and property owners, and
WHEREAS, the Town of Mamaroneck has identified the Gardens Lake
as a potentially critical resource for flood control in the Sheldrake
River Basin; and
WHEREAS, the improvements at the Gardens Lake will noticeably
reduce the inflow of storm water inflow in the Westchester County
Sanitary Sewer adjacent to the Gardens Lake and also the
improvements will help to protect the County owned bridge on
Lakeside Drive from flood damage.
NOW THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Mamaroneck hereby
approves the application for funding under the Westchester County
Flood Action Program for flood control improvements to the Gardens
Lake and authorizes the Town Administrator to submit the application
to the Westchester County Department of Planning on behalf of the
Town.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
5. Authorization —Amended CDBG Agreement— Richbell Road Playground
On motion of Councilwoman Wittner, seconded by Councilwoman Seligson, the
following was approved;
WHEREAS, the Town was previously awarded a grant in the
amount of $75,000 towards the construction of the playground
on Richbell Road, and
WHEREAS, the Town requested, and was approved for,
additional funding in the amount of $40,000 toward the total
project cost of$150,000.
NOW, THEREFORE, BE IT
RESOLVED, that the Mamaroneck Town Board does hereby
approve the Supplemental Agreement to the Community Block
Grant Agreement — Richbell Road Playground and authorizes
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November 19, 2008
the Town Administrator to executive the supplemental
agreement to secure the additional funding on behalf of the
Town, and
BE IT, FURTHER
RESOLVED, that the Mamaroneck Town Board does hereby
authorize the Town Comptroller to transfer the Town's share of
the project in the amount $35,000 from the Townwide General
Fund unreserved account to Capital Project#27-08, account
# H7197.4.7140.5007.
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
6. Salary Authorizations — Recreation
RECREATION
On motion of Councilwoman Seligson, seconded by Councilman Fishman, it was
RESOLVED, that as provided for in the 2008 Town Budget the
Town Board does hereby authorize the payment of salary to
the following:
Hommocks Park Ice Rink
Jared Mayer Alternate Manager $8.50/hour effective retroactive to 10/24/08
Hommocks Pool
Elizabeth Eney Lifeguard $9.50/hour effective 11/18/08
Sophia Kravet Early Morning Swim $25/session effective 11/18/08
Lifeguard $8.50/hour
Caroline Spader Early Morning Swim $26/session effective 11/18/08
Lifeguard $10/hour
Youth Hockey
Chris Buly Assistant Instructor $7/hour effective retroactive to
11/18/08
Joseph Carducci Assistant Instructor $7.50/hour effective retroactive to
11/18/08
Jonathan Chapman Assistant Instructor $8/hour effective retroactive to
11/18/08
Dean Chiapparelli Assistant Instructor $7/hour effective retroactive to
11/18/08
Scott Hagan Assistant Instructor $7/hour effective retroactive to
11/18/08
Sean Hagan Assistant Instructor $8/hour effective retroactive to
11/18/08
Bryce Loebel Assistant Instructor $7.50/hour effective retroactive to
11/18/08
Michael Wojciechowski Assistant Instructor $7/hour effective retroactive to
11/18/08
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November 19, 2008
Adam Zweig Assistant Instructor $7/hour effective retroactive to
11/18/08
The above resolution was put to a roll call vote:
Fishman Aye
Seligson Aye
Odierna Aye
Wittner Aye
O'Keeffe Aye
APPROVAL OF MINUTES— November 5, 2008
On motion of Councilman Odierna, seconded by Supervisor O'Keeffe and
Councilwoman Wittner abstaining, it was
RESOLVED, that the Mamaroneck Town Board does
hereby approve the Board Minutes from the meeting of,
November 5, 2008.
ORAL COMMUNICATIONS
Bryan Rohman of the Larchmont Gardens' Civic Association addressed the Board. He
thanked the Board for the completion of the Stairwell. In light of discussion this
evening regarding the Garden's Lake Project, he asked for an update on this project as
well as the plantings proposed for the Brook. He notified the Board of resident
disapproval with the change in the procedure for organic pick up. Mr. Rohman notified
residents of the upcoming tree lighting ceremony on December 13th, at dusk.
The Board addressed the organic pick-up, noting that organic pick-up always ended in
mid October. This year the County has been stricter in its enforcement of no organics
after mid October, forcing the Town to be stricter as well.
Mr. Altieri reinforced that immediately following a storm the Town policy has always
been, and will continue to be, that fallen branches will be picked up curbside.
As for the Brook planting, Mr. Altieri noted that the new timetable would be for the
Spring of 2009.
WRITTEN COMMUNICATIONS and
SUPERVISOR'S REPORT
Supervisor O'Keeffe read a letter from Barbara Geisler regarding property revaluation.
She encouraged more residents to contact the Board directly with thoughts and
questions about revaluation, further encouraging residents to move the conversation
away from anonymous blogging to a more genuine dialogue.
She encouraged residents to watch for upcoming revaluation presentations at the
Trustee Meetings for the Villages of Larchmont and Mamaroneck.
Supervisor O'Keeffe noted that the Board has been working very hard on the 2009
Budget, a Public Hearing is scheduled for December 3rd at 8:15PM.
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November 19, 2008
REPORT OF COUNCIL
Councilwoman Seligson commented on the Planning and Zoning Board Meetings,
noting some very complicated and difficult issues before them. She also noted how
busy the Board has been in preparing the 2009 Budget. She attended the wonderful
`Fiesta' Dinner held by the Hispanic Resource Center. She will be attending the Board
of Architectural Review tomorrow evening.
Councilman Fishman reported on the Housing Authorities sound finances, adding the
Town will see the benefits of that financially in 2009. As for the Hommocks Apartments,
the engineering report over the next ten years shows expenses well under what the
Authority has set aside. He attended the Traffic Committee Meeting, noting much
discussion regarding the Village Square proposals. The Traffic Committee is
discussing an interesting proposal to address speeding on Glenn Road.
Councilwoman Wittner attended the Westchester Municipal Officials Meeting hosted by
Rye Brook. Coastal Zone Management Committee is rescheduled for December 3rd,
noting she will be unable to attend due to the conflict with the Town Board Meeting.
Councilman Odierna noted the Human Rights Commission Meeting has been
rescheduled for November 24th. The Ice Rink continues to be a busy place, adding
Santa will be visiting for breakfast on December 21St
Supervisor O'Keeffe informed the audience that Liz Covington, the Village of
Mamaroneck's Senior Center Director, has fallen ill and is now at Greenwich Hospital.
She is in all of our thoughts and we wish Liz a speedy recovery.
ADJOURNMENT
On motion of Supervisor O'Keeffe, seconded by Councilwoman Wittner the meeting
was unanimously adjourned 11:00 PM.
Submitted by
Christina Battalia, Town Clerk
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