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HomeMy WebLinkAbout07-14-2001 MINUTES OF TOWN BOARD MEETING TUESDAY, JULY 14, 1998 AT 7:30 P.M. Those present: Teresa M. Robinson, Supervisor Ellard L. Sovocool, Councilman Daniel J. Carey, Councilman Donald N. Palmer, Councilman Donald F. Scheffler, Councilman Francis Casullo, Attorney Also present: Richard Case, Mark Gunn, Liz Brennan, George Totman, Joe Graham, Elaine Burin, Carl Heck, Beth Munson. SUPERVISOR ROBINSON- I'd like to express the sympathy of the Town Board to Lew (Sovocool) for the loss of his mother. COUNCILMAN SOVOCOOL- Thank you. Councilman Sovocool had a correction to the June 23, 1998 Special Town Board Meeting - Resolution #34 stated that Councilman Palmer made the motion and then seconded it. Minutes were corrected to reflect that Councilman Sovocool seconded the motion. Moved by Councilman Carey, seconded by Councilman Sovocool, to accept the minutes of the June 9, 1998 Town Board Meeting and the June 23, 1998 Special Town Board Meeting. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. COUNCILMAN PALMER- There's an interesting opinion in this latest "Talk of the Towns" which indicates that the minutes of the meeting need to be available within two weeks after the meetings. I think we came pretty close to it this time. CLERK PIERSON- When do you want it, later or sooner? COUNCILMAN PALMER- Earlier. Two weeks is great. It's a lot easier to remember what happened in the meeting if you get it within a couple of weeks than it is getting it meeting night or three or four weeks later. CLERK PIERSON- We usually try to do that. But there are times when we have a lot to do and we can't get to them, but we try. COUNCILMAN PALMER- I'm just saying that is what the law apparently calls for is that they are available in draft form. CLERK PIERSON- I'm aware of that two weeks, everything. SUPERVISOR ROBINSON- That's been for years, right? Pg.2 - Town Board Meeting - July 14, 1998 CLERK PIERSON- Yes. We're probably a lot closer to that now than we were before, with the help I have. Supervisor Robinson asked for action on the monthly bills. COUNCILMAN CAREY- I have one question for Liz (Brennan). In both the General and the Highway, you split the computer costs equally. What's the reason for that? LIZ BRENNAN- .......it's going to be used by the Highway too, so we did it as an equal split so it wouldn't put too much of a strain on the General. It's a viable expense for the Chips O & M Money..........(unable to hear on tape, did not use microphone). COUNCILMAN CAREY- I also have a question for Rick. I see you have to hire somebody to fix the toilet. Don't we have people here that can do that? Do we have to hire out to.....? RICHARD CASE- We have an on-going problem with the Courtroom ...........they go in there and they stuff paper towels and stuff down in so tight that there's nothing we've got that will pull it out, and we end up taking the toilet right apart to get down into .....I'm not a plumber, and I don't think.......we try with our limited........But it is an on-going problem............. (Did not use mic; could not hear him). SUPERVISOR ROBINSON- I have an answer. Do we have to buy those hand things that dry your hands, and no towels? Richard Case explained that a drying machine might help the matter but probably not solve it with the type of people who where coming in for Court. Claim Nos. 112 - 143 of the Highway Fund in the amount of $49,885.06; and Claim Nos. 148 - 178 of the General Fund in the amount of $10,541.44 were presented for audit. Moved by Councilman Carey, seconded by Councilman Scheffler, to approve the Highway and General bills for payment. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Claim No.135 of the Special Grant (HUD) Fund in the amount of $981.11 was presented. Moved by Councilman Carey, seconded by Council Sovocool, to approve the HUD bills for payment. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Supervisor Robinson then gave privilege of the floor to Carl Heck. Mr. Heck is from the Community Economic Development/ County Planning Department which is involved with the administration of the HUD money. Mr. Heck indicated that they still had approximately $200,000 to work with and there was a need to get more people to participate. Since the start of the program, 41 houses in the July 14, 1998 - Town Board Meeting - Pg.3 Town have had renovations made to them. He explained that there was money left from the 1st and 2nd grants. They hadn't used any of the 3rd grant yet which is estimated to take care of 15 cases as was the second grant, although they were able to do 17 cases with it. Mr. Heck said that applicants had been sought by advertizing and by word of mouth and wondered if perhaps a public meeting in Groton would get more participation. Supervisor Robinson agreed and a meeting in August was discussed with possible advertizing for it in the paper and/or fliers. Eligibility for the program is based on income and family size. (Mr. Heck did not use microphone or speak plainly, therefore it was impossible to transcribe his presentation verbatim). LIZ BRENNAN, BOOKKEEPER- presented her report which included several fund transfers and an amendment to the budget. COUNCILMAN CAREY- Would you explain that Highway one, Part-Town? LIZ BRENNAN- General Repairs? That's where the Chips Operation and Maintenance money would come from. So I've set up an account for equipment to cover half of the cost of the computer. COUNCILMAN CAREY- Then there will be a little over $100 left in there? LIZ BRENNAN- In the General Fund in Building Equipment there is a little over $100 in there right now. I think we started the year with $2000. We purchased the copy machine for something like $1800 something, and the $100 or so that was left is still in there. So we only had to come up with another $683 from Contingency to move in, otherwise it would have been $850.... RESOLUTION #36 - TRANSFER OF FUND AND AMEND BUDGET Moved by Councilman Palmer, seconded by Councilman Sovocool, Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Resolved that the Town Board does hereby authorize the following transfers of monies as specified in the Bookkeeper's Report: General Fund: From: Contingency A1990.4.......$683.70 To: Buildings , Equipment A1620.2.......$683.70 (Bookkeeper's / Highway Dept. Computer) Highway Fund Townwide: From: Machinery, Personal Service DA5130.1......$3,487.45 To: Brush & Weeds, Personal Service DA5140.1......$3,487.45 Pg.4 - Town Board Meeting - July 14, 1998 Highway Fund Part-Town: From: General Repairs, Contractual DB5110.4......$850.50 To: General Repairs, Equipment DB5110.2......$850.50 (Bookkeeper's / Highway Dpt. Computer) further resolved And be it , that the Town Board does hereby authorize the following amendment to the Budget for additional Chips Capital funds: Debit Estimated Revenues DB3501......$2,733.13 Credit Appropriations, DB5112.2......$2,733.13 MARK GUNN, CODE ENFORCEMENT OFFICER- presented his report for the month of June as follows: Building permits issued: New homes - 0 Mobile homes - 2 Other - 6 Life Safety Inspections scheduled for June are completed and satisfactory. Application for Cellular Tower Construction- At this time I propose a fee of $150.00 and a copy of the new local law be used for regulating the construction and permit process. Further meetings on application and review are needed between myself and George Totman. We would like to confer with building officials from neighboring towns to get a standard application for contractors to minimize confusion. With the Board's permission, I would like to continue this route of development. Building Permit fees and Special Permit fees and schedules are in the process of review. I hope to have a new permit schedule and process in place for the beginning of the new year. I will keep the Board updated and ask for advice as needed. Mark Gunn explained to the Board that the Town of Ulysses is charging up to $7-8000 for the Cellular Tower Building Permit and Site Plan Review. Attorney Casullo indicated that many towns are using an exorbitant fee in order to try and control construction of Cellular Towers and that there has been litigation as to the relevance of the fee in regard to what they wish to accomplish. He felt that it is very important to make the fee reasonable and justifiable to avoid possible legal action against the Town. Further discussion took place about what the cost and requirements of the permits would be. Mark Gunn also reported that he had sent letters to two residences, one on Bird Cemetery Road, and one on Bossard Road concerning junk cars and rubbish. Also, property on Lick Street belonging to Joseph Wilbur has several July 14, 1998 - Town Board Meeting - Pg.5 violations including mobile home and health department violations. He has several 1960 era mobile homes that he has moved in, and electric and sewer that he installed himself with no permits being issued for any of these things. Mark Gunn indicated that he has drafted a letter to Mr. Wilbur and will have Attorney Casullo look at it before sending it out. RESOLUTION #37 - ESTABLISH AN INTERIM FEE OF $150.00 FOR CELLULAR TOWERS PERMIT Moved by Councilman Palmer, seconded by Councilman Scheffler, Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Resolved that the Town Board does hereby establish a fee of $150.00 for a permit to build a Cellular Tower on an interim basis until further research is done on fees and associated costs and a final fee decided upon. RICHARD CASE, JR., HIGHWAY SUPERINTENDENT- At the present time the Highway Department has finished paving 1.3 miles of Davis Road. (Salt Road to Champlin Road). Preparation is now under way to place gravel material on the shoulders. The material to be used is being manufactured at the Town's gravel bank. Roadside mowing is still under way. We had a lot of down-time in the mowing operation due to worn parts. The shop has performed some extensive repairs and rebuilding on two mowers and we seem to be making headway at this point.......... COUNCILMAN CAREY- Rick, you mentioned that you fixed that John Deere flail mower, but I didn't see a John Deere bill in there. RICHARD CASE- Most of that was just nuts and bolts that..... (Did not use mic). After the heavy rains that we experienced in June, considerable time has been spent on shoulder repair. These repairs and other drainage problems are not completed but are being worked on as time, material and manpower are available. (All emergency problems have been addressed). Trash clean-up day went very well. The joint efforts of both the Town and Village workers at this event are to be commended. Deputy Supt. Jerry Holl and DPW Foreman Bob Batzer had the drop site well organized and everything went smooth and safe. There were 4 loads of steel and 3 loads of furniture, TV's, etc. I think this is a very worthwhile community service and should be continued yearly. Everything that was not recyclable, like steel was taken care of by Doug's Trash Service. At a special meeting of the Tompkins County Highway Superintendents' Association, Tompkins County Disaster Coordinator Jack Miller presented a Pg.6 - Town Board Meeting - July 14, 1998 future plan for radio communications which would have the ability to tie Highway Departments to each other when necessary and also make it possible for fire and police access on the radio at any time. This system is at least 3 years away. The Town's cost for this system would be the purchasing of new radios. The FCC will be making our current radio frequencies available to the cell phone industry within the next 3 to 7 years. This is something that should be possibly saved for in the near future. (More of this was explained but could not hear on tape; not using mic). I attended the NYS Association of Towns 1998 Highway School on June 8-10. The tuition fee is $65.00 for which I submit to you for approval. Councilman Palmer asked if Richard Case had estimates on the cost of electric to the cold storage building. Richard Case indicated that he had not had time to do this yet, but hoped to get it done before winter..... (Not using mic). Councilman Palmer also asked how the new roller was working out and Richard Case replied that it was working out well and had been used on several projects. Richard Case indicated that he would be looking into some software for the Highway Department to be used in the new computer that he is to share with the Bookkeeper. (He explained what he was looking for in software but was not using mic). Supervisor Robinson inquired about County bridge repair with the Towns being responsible for bridge decking only. Richard Case has taken care of matters with County. If we are not going to participate in the Snow Contract that we have with the County, we have to legally advise them of such before July 3rd. Richard Case said that he wanted to talk to Ward Hungerford about what the County was going to pay the Town and make sure that it was going to be profitable for the Town to continue to plow the 9.14 miles of County road that we plowed last year......... Richard Case reported that the Highway Department was employing two youths through the Summer Youth Program, one 14 and one 16 years old. They will be painting, mowing, flagging, etc. COLLEEN D. PIERSON, TOWN CLERK/TAX COLLECTOR- submitted her Town Clerk's Monthly Report to the Board for their review. THE TOWN JUSTICES, ARLAND HEFFRON AND ALTON ALEXANDER- Monthly Reports were submitted to the Board for their review. Supervisor Robinson reported that she had applied to the County for the Town of Groton's portion of the Celebration Fund and expected and answer the next week. She stated that the plan was to put some money into Old Home Days. Also, the Town had been asked to put part of it, possibly $200 - $250, towards July 14, 1998 - Town Board Meeting - Pg.7 the merchants' Halloween, Christmas, and Easter parties. It will have to be decided how the money will be divided. Clerk Pierson reported that a letter had been received from the State of New York Department of State Committee on Open Government in which it was indicated that Ms. Lauren Stanforth, reporter for the Ithaca Journal, had inquired as to the legality of the Town of Groton publishing their legal notices in the Shopper. Clerk Pierson assured the Board that all legal notices are not only published in the Shopper but the Moravia Republican Register which has been the Town's legal paper for many years and complies with the legal requirements. Clerk Pierson provided the Board Members with copies of the letter and copies of the verification of publication from the Republican Register referring to the specific legal notice in question. Supervisor Robinson announced that she would like to go into executive session to discuss the following items on the agenda: #8, bookkeeping position and #11, status of study for Adult Businesses and status of Sirens. Moved by Councilman Carey, seconded by Councilman Scheffler, at 8:45 PM, to go into Executive Session to discuss personnel and litigation. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Moved by Councilman Palmer, seconded by Councilman Carey, at 9:30 PM, to reconvene the Board Meeting from Executive Session. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. ATTORNEY CASULLO- I think the first thing that we discussed in executive session is that you are going to authorize me to discuss with Bernie Thoma and put in final form a loan and security agreement regarding the Town and Diversified Technologies that hopefully will be here for your review and for Teresa's signature at the August board meeting. RESOLUTION #38 - AUTHORIZE DRAFTING OF LOAN AND SECURITIES AGREEMENT WITH DIVERSIFIED TECHNOLOGIES Moved by Councilman Palmer, seconded by Councilman Sovocool, Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Resolved that the Town Board does hereby authorize Attorney Casullo to discuss with Bernie Thoma, of Thoma Associates and draft a final form of a loan and security agreement regarding the Town of Groton and Diversified Technologies. Pg.8 - Town Board Meeting - July 14, 1998 RESOLUTION #39 - AUTHORIZE ATTORNEYS TO EXPLORE LEGAL OPTIONS AGAINST SIRENS Moved by Councilman Carey, seconded by Councilman Palmer, Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Resolved that the Town Board does hereby authorize the firm of Armstrong, Pomeroy, Baranello, and Casullo to explore all legal, avenues available to the Town of Groton, to require the business known as Sirens to complete Site Plan Review or otherwise be in compliance with the order made by Judge Philip Rumsey earlier this year. Furthermore, said law firm may commence any and all actions in regard to this matter. Ayes- Sovocool, Carey, Palmer, Scheffler, Robinson. ATTORNEY CASULLO- The third issue that we discussed in executive session dealt with personnel matters and at this point the Town is going to table any increases in hours or pay and is going to require from certain employees.....job descriptions and other similar information that would allow the Town Board to begin the process of implementing a personnel policy and other similar documentation on issues such as employees' pay, whether they're full time, entitled to benefits, etc. Then we would have that in writing so that we have a standard form of procedure to follow in this regard. We want to have this for the next meeting. RESOLUTION #40 - ASK EMPLOYEES TO PROVIDE JOB DESCRIPTION TO PRESENT TO TOWN BOARD AT AUGUST MEETING. Moved by Councilman Sovocool, seconded by Councilman Palmer, Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Resolved that the Town Board does hereby request that the Deputy Town Clerk, Bookkeeper, Court Clerk, Code Enforcement Officer, and Part Time Second Deputy Town Clerk provide the Town Board with job descriptions for the August 11, 1998 meeting. Said job descriptions will be used by the Town Board to develope a comprehensive personnel policy regarding pay, fulltime / parttime status, entitlement to benefits, etc. SUPERVISOR ROBINSON- Number nine on the agenda is to discuss the status of non-smoking areas in the Groton Town Building. July 14, 1998 - Town Board Meeting - Pg.9 COUNCILMAN CAREY- Is there a policy at this time? CLERK PIERSON- No, it's not a written policy. However the Town Board designated some smoking areas in 1990, when the building was built, which was the Town Clerk's personal office, the kitchenette, the Highway Superintendent's personal office, and the men's lunch room. It came up again and we reviewed it, and the Town Board decided to leave those as the designated areas. There was some discussion on smoking in the building. Highway Superintendent Richard Case stated that he understood that there were some safety issues in regard to the grease and oil in the shop area, but that the men usually smoked outside and were very conscientious as to safety. He did not see that there was any problem, he did not wish to become a "policeman", and he felt that this was not an issue that needed to be addressed. Supervisor Robinson stated that there were only two smokers in the other part of the building and that in the highway department the men usually smoked outside. COUNCILMAN SOVOCOOL- I don't see....what is this policy that we have? CLERK PIERSON- That is a proposed policy that I typed up based on what we have. It was more like a conversation that we had before and we didn't indicate that it was a policy, and I believe someone here wants it in policy form. That's why we got it ready. COUNCILMAN PALMER- Well, I'm the one who brought the issue up. I guess I was appointed to the building committee and I have had it mentioned to me by different people within the community that come in here that we start at the door with a no-smoking sign and as soon as you enter the building, you can identify smoke odor in the building. It tells people that smoking is allowed in the building. CLERK PIERSON- I beg to differ. Since this building has been new, nine years, I have never had anyone mention it or complain about it, and I am here five days a week, nine, ten, twelve hours a day. I haven't heard what you're telling me, other than your wife, and she has never mentioned it to me. I know she's the one who's complaining, but she's never mentioned it to me. COUNCILMAN PALMER- She's not the only one who has mentioned it. CLERK PIERSON- Who? COUNCILMAN PALMER- I don't have to mention names. I'm just telling you that as a Board Member, I've had it brought to my attention....., CLERK PIERSON- Okay, but I don't believe it. COUNCILMAN PALMER- ....and I think that people have the right to have a non- smoking work environment if they so choose that, and I think the law supports that. CLERK PIERSON- Where are they smoking? In the hallways? You know where it Pg.10 - Town Board Meeting - July 14, 1998 is? It's in between the doors for court people. Every time court is on, it's right full of smokers, and outside too. Just ask Teresa. It's not the internal smokers, it's the outside people. SUPERINTENDENT ROBINSON- They smoke outside the door. They used to go out the back door....... CLERK PIERSON- They go right down the hall and get between those two doors and start smoking. We have to take the blame for that? COUNCILMAN PALMER- Well, one solution is to make the building a total non- smoking building. COUNCILMAN SOVOCOOL- That's one solution, but I don't think it's necessary. COUNCILMAN PALMER- George (Totman), what is the position countywide? Is there a countywide policy? GEORGE TOTMAN- A countywide policy? Well, the State Law says that you can designate certain rooms in a building you can smoke in. A town hall usually has an office here and there or something like that. I don't think there's any law that says you have to make a whole building smoke-free unless you want to. As I understand it, you're allowed to smoke in the restroom, and the kitchen and the Town Clerk's office and...... SUPERVISOR ROBINSON- Not in the restroom. GEORGE TOTMAN- No, I mean the kitchenette. CLERK PIERSON- And I don't smoke in my private office. GEORGE TOTMAN- I have never seen her smoke in her private office. You ask me the question, I..... SUPERVISOR ROBINSON- George comes over and smokes out there too. GEORGE TOTMAN- .....I smoke out there. Even if I didn't smoke, I don't think you should take everybody's rights away from them just because somebody happens to smell smoke. I've been here when the Board's not and I see what they're saying, and if they smoke in that kitchen out there, with all the doors locked in between, I don't see where that would affect the customers out there, honestly. COUNCILMAN SOVOCOOL- I agree a hundred percent. SUPERVISOR ROBINSON- You can't smell it. COUNCILMAN CAREY- Do we have to make a motion to adopt this as a resolution of the Town of Groton. ATTORNEY CASULLO- If you agree with it, yes. If you want to amend it, you July 14, 1998 - Town Board Meeting - Pg.11 can amend it now. I read it and thought it was fine. And I agree with George and Lewie (Sovocool). I think the law would state that you can make a building smoke-free, but I think you're far safer to at least allow a portion or a room of this building that people can smoke in. I don't think there's anything wrong with that. Further discussion was held concerning what areas would be designated as smoking permitted areas. Because of the possible dangers concerning grease and oil and issues of liability it was decided that the main shop area would be a no-smoking area. RESOLUTION #41 - TOWN OF GROTON "SMOKING RULES" POLICY Moved by Councilman Sovocool, seconded by Councilman Carey, Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Resolved that the Town Board does hereby adopt the proposed "smoking rules" policy for the Town of Groton. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. TOWN OF GROTON "SMOKING RULES" POLICY In the interest of providing a safe and healthy environment for employees, customers and visitors, and in accordance with Article 13-E of the Public Health Law, the following smoking rules have been adopted: SMOKING IS PROHIBITED THROUGHOUT OUR FACILITIES EXCEPT IN DESIGNATED SMOKING AREAS IDENTIFIED BY "SMOKING PERMITTED" SIGNS. Smoking is prohibited in any enclosed work area, including Town vehicles occupied by more than one person, unless all persons assigned to such areas agree that smoking may be permitted. Smoking is also prohibited in the Justice Court/Board Meeting Room, Jury Room, Town Justice Office, Planning/Zoning Office, Town Clerk's Main Office, storage area, vaults, hallways, and restrooms. "Smoking Permitted" areas are designated as the kitchenette area, Town Clerk's personal office, Highway Superintendent's personal office, and Highway dispatch office, lounge, and cold storage area. An additional "Smoking Permitted" area may be designated or changes to existing areas may be made only on request and should be discussed with and Pg.12 - Town Board Meeting - July 14, 1998 approved by the Town Board. Locations that may be considered for designation as "Smoking Permitted" include: outdoor areas, empty rooms and other areas which are not generally used by nonsmokers. A private, enclosed room or office, occupied exclusively by a smoker or smokers, may be designated as "Smoking Permitted." Employees found smoking outside of designated "Smoking Permitted" areas will be considered in violation of the Town of Groton rules and will be subject to appropriate disciplinary action according to Public Health Law. Copies of these rules will be posted and distributed to all employees. SUPERVISOR ROBINSON- Next is the deferred compensation plan. Some of the highway people are interested. There was discussion on the NYS Deferred Compensation Plan. Attorney Casullo indicated that the Board should review the plan as well as other plans and then make a resolution designating which plan the Board has chosen to use. As of this time, the Town has only looked at one plan. Councilman Palmer asked if this would be negotiated contract item for the highway employees. Attorney Casullo answered that it probably would. Certain employees stated that they felt this was a good plan. Questions were raised about whether money would be withheld as a percentage or as a flat dollar amount. Someone asked if there was more information available for Board Members to review. Clerk Pierson stated that she had copied all the information and given it to the Board Members a month ago. Moved by Councilman Palmer, seconded by Councilman Carey, to table the issue of deferred compensation until the August 11, 1998 meeting until all Board Members had a chance to review the information on said deferred compensation plan. Ayes - Sovocool, Carey, Palmer, Scheffler, Robinson. Supervisor Robinson received correspondence from Peter Keitel and Bruce Scott about the distribution of STAR administration funds for local governments. The Town of Groton was allotted $818.07. Supervisor Robinson asked if anyone was interested in serving on the Tompkins County Environmental Management Council. The Department of Health has sent a questionnaire concerning the most pressing health concerns and unmet needs in Tompkins County, what the barriers are to accessing health care in this community, and what would help to make Tompkins County residents healthier. She turned this over to the Board. Supervisor Robinson announced that the Groton Business Association was having it's annual golf day and picnic on Wednesday, July 22 and that the charge was $10 per person for golf and $15 for the picnic. Discussion was held on the status of the Hud Administrative Committee which is July 14, 1998 - Town Board Meeting - Pg.13 to be made up of five people from the community who would administer available HUD revolving loan monies that the Town has available to loan to local businesses. It was suggested that the committee be set up at the same time the Board discussed the other personnel issues and a list of people would be available for the August 11th meeting. ELAINE BURIN- We were wondering what the status on the new ordinance for adult entertainment was. ATTORNEY CASULLO- What we're doing, is that I have begun doing what we need to do as far as a study. Somewhere along the line I will get together with the others for review and input. Before you can do an ordinance, the Town has to do a study. So, we're at the study process now. Once we've completed the study, then we will draft the ordinance. There being no further business, Councilman Sovocool moved to adjourn, seconded by Councilman Palmer, at 10:25 P.M. Unanimous. Colleen D. Pierson Town Clerk