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HomeMy WebLinkAbout1998-07-16 TOWN OF GROTON PLANNING BOARD MEETING MINUTES Thursday, 16 July 1996 Board Members (*absent) Others Present George Totman, Chairman Mark Gunn, CEO Monica Carey Joan Fitch, Recording Secretary Sheldon Clark Dennis Portzline, Applicant Verl Rankin Barbara Clark Van Travis Cecil Twigg George Van Slyke The meeting was called to order at 8007 p.m. by Chairman George Totman. G. Totman: Do we have the Minutes of the last meeting? J. Fitch: They are done, and I have them here, but you have not received your copy. G. Totman: We do not have the Minutes of the last meeting to approve yet, so we will take up the Site Plan Review that's been requested. J. Fitch: You have the Minutes of the previous month to do . G. Totmane We didn't do those yet? J. Fitch: No. G. Totman: Oh, I didn't have that in there . They weren't in our packet. J. Fitch: They were handed out at the last meeting; they were on the table. G. Totman: Okay, did everybody read the May 21st Minutes? (All acknowledged they had.) Anybody got any corrections? G. Van Slyke: I move we accept them as submitted. S. Clark: I'll second it. G. Totmano All in favor? (All indicated they were to favor.) Passed. Fred Portzline/Dennis Portzline, Applicant - Site Plan Review - 617 Peru Road or TM # 31 -7m7 . 2 G. Totman: Dennis Portzline is here. He's being a good, patriotic citizen, and is doing his duty and asking for Site Plan Review which the Town of Groton Ordinance requires, and some people agree with and some people don't. So, he's operating a bait shop in the place where the Hilltop Meat Shop used to be, correct? And they had a Site Plan Review. And what happens basically anytime anyone starts a new business in the Town is they come in and get a Site Plan Review becomes sometimes it might be in a residential area where there's neighbors around and there's noise, or it might be a used car shop or motor repair shop and some people might not particularly care for noise after 8 o'clock at night. A number of different reasons -- I'm sure you understand all that, D. Portzlinee Yes, G. Totman: And so anytime a new business starts you get a Site Plan Review and there's certain rules and regulations that are set like: do you have enough parking? what hours are you going to be in operation? will you be open on Sundays? and things like that. And when the owner and Planning 1 Groton Town Planning Board Meeting Minutes 16 July 1998 Board go through all that, then it's put on the Special Permit. Every business that operates in the Town of Groton gets a Special Permit and it's renewed once a year. Then the Code Enforcement Officer, when he goes around to do the inspection, looks at the Special Permit and sees what they agreed to do or not to do. And that's what his guidelines are . So that's basically what this is, And before we make a decision on it, and this is the New York State rule, we have to do an environmental review to see whether the business is going to be detrimental to the environment or the neighborhood and all that sort of thing. So you have to bear with us when we do that. And I think we ought to do that first. Normally, this guy with the black hat on does that. Are you ready? G. Van Slyke: Where is it? G. Totmane Didn't you bring it with you? G. Van Slykee No. G. Totman: You didn't bring your packet with you? M. Carey, We didn't get anything on it in there. V. Rankin: This is what I got. G. Totman: Well, you got it last month . Here, George, use this one. Board Member George Van Slyke then reads aloud Part 11 of the Short Environmental Assessment Form. Negative responses were obtained to all questions in Part IIl. Therefore, it was determined by the Planning Board, upon the motion made by Monica Carey, seconded by Cecil Twigg, with all members present voting in favor, that the action, based on the information submitted, will not cause any significant adverse environmental impact, resulting in a negative declaration. G. Totman ; Okay. This kind of surprises me a little bit. I've known the owner of this operation for a few years, and I always considered him as a construction worker, bouncer in a bar room, but now he's running a bait shop . Anyway, the request to the Planning Board is to run a bait shop in the building that previously was a meat shop . Does anyone have any questions about the operation or whatever? V. Travis° I'd just be a little bit interested in how you're set up and what you're selling. D. Portzlineo Well, it's a bait and tackle shop basically and we also warehouse a lot of stuff because we've set up a whole lot of convenience stores in the area with bait stands. So we've got a bunch of those and we have regular routes that we run out of there to the convenience stores. And with the walk-in cooler and bait and tackle and everything else there, we thought it was kind of silly not to take advantage of the location and see if we couldn't set up a little tackle shop . It's all the common fish baits -- there's minnows, night crawlers, that kind of stuff. And we've got a pretty good selection of tackle, fishing poles, different plastic baits, different lures, and that kind of stuff. So that's it pretty much right now. We do expect to increase the lines as we can get the money to re-invest. But for the time being, it will be a bait and tackle shop. G. Totman: Anybody else? I tried to find the folder before you came to night of when it was a meat shop, because the normal questions are -- do you have enough parking? Obviously, there's ample parking up there. You've seen the place? V. Travis: I have . G. Totman: And the hours of operation. What hours are yours? D. Portzline: Well, typically, I still do some barns and construction work and that kind of stuff, so it's generally open in the afternoon. Monday and Tuesdays -- I'm in there to take care of the bait, but through the week the hours are 4:30 to 7:30 in the afternoon. Saturdays are from 6 in the morning until 5 , and Sundays from 6 in the morning until 1 . Thursday morning is the only morning that's a lot 2 Groton Town Planning Board Meeting Minutes 16 July 1998 of times about 5 or 5:30 in the morning when we'll get a delivery. Sometimes we're open Thursday mornings about 5 o'clock. G. Totman: Well, I guess from our standpoint and from the standpoint of having somebody responsible to see if they are following the rules and regulations, you're not open normally after 7:30 at night. So if we say you're open from 7 to 7 : 30 during the day, and Sundays from 7 in the morning until 2 in the afternoon, does that make sense? D. Portzline: Yes. I expect that we'll be open year-round. An awful lot of the stores that we're setting up are in good locations for ice fishing and we intend to carry some of that kind of stuff for ice fishing. I don't want to murk up the waters here, or whatever so to speak, but it's in the back of my mind to move the bait shop out back; would I put in another request if I wanted to put a meat market back in there? And a produce stand? Seems to me the community needs something like that pretty bad. And we've had quite a lot of requests for it and I put up some feelers to see how it would set up and that kind of stuff. But at that point, I'd check with the Health Department and that kind of stuff to make sure -- that, it seems to me would be my biggest encumbrance as far as regulations go and that kind of stuff. With two walk-in coolers in the building, I can legally separate the two of them and fix a partition. This probably wouldn't happen for a year or year and one-half. And then, again, we're not making as much money in the bait business as we thought we ought to . And I don't have a whole lot of patience . I really think the community could use a good produce stand out there , and a good meat market again, I think that Walker had a pretty good thing going and, for whatever the reasons, things got away from him a little bit. G. Totman: There's nothing wrong, but I was just trying to figure out a way we could do it -- if we could do it now, or say that when you decide to do something different than bait shop just come back in and talk to us and we'll re-arrange this thing. I would do it that way. This Board is not a hard Board to work with . It's a Board that's been appointed by the Town through the Zoning Ordinance and stuff like that, but if you lived in a neighborhood, you'd like to know what's going on around you . D. Portzline: Oh, sure. I gave Mark a little attitude, but I apologized to him for it. G. Totman: Oh, okay. D. Portzline: And I understand what's going on. G. Totman: So if we do it -- G. Van Slyke: Let me ask you a question. If you decide on a meat market and produce stand, your hours would definitely change, wouldn't they? D. Portzline: Yes, they would. G. Totman : So that's what I'm saying. Right now, we're saying that if we approve this, we're saying he's in operation normally during the daylight hours. D. Portzline: Yes, even if we did that, they wouldn't be any more than what we're putting down now. G. Totman: Well, you might be open on Sunday afternoon. D. Portzline: Yes, but I don't think I'd be open past 2 o'clock or so. G. Totman: No, people don't go out shopping afternoons on Sunday. But there is ample parking there. Usually we decide where the parking is going to be and how many cars, and stuff' like that, but here -- if you had enough business in that bait shop to take up all that parking, you'd probably want to add on to the building. Anybody else got anything to say? G. Van Slyke: How are we leaving this, then? We're going to approve the bait shop at this point, and then if he wants the meat shop and produce stand, he'll come back again and re-do the hours and whatever? 3 Groton Town Planning Board Meeting Minutes 16 July 1996 D. Portzline: I have no problem with that if that's acceptable with the Board. G. Totman: Does it make sense with this bait shop -- I mean, it's not a high volume thing. There's not a lot of cars coming and going -- to say daylight hours? (Everyone agrees.) Parking is no problem. S. Clark: Right. G. Totman: Anybody got anything else that they'd like to ask or whatever? Did you pay the fee? D. Portzline: Yes. G. Totmani Okay. C. Twigg: That's what's really important -- that's what it's all about. D. Portzline: That's why I paid that first. I didn't realize that I should attend the meeting, or I would have been here at the last one . C. Twigg: Well, the meeting's not that important; it's the money. G. Van Slyke: Before you come back, if you want to go to the meat market and produce, you obviously will check with the Board of Health to see about what you have to do to separate them from the bait shop. D. Portzline: Yes. And actually at that point in time there would be other things -- like with the produce stand, I'd like to see a little canvas awning out there and it would be tasteful and that kind of stuff, but I assume at that point then I would come to Mark and give him a sketch of what we would do at that point and get boundary dimensions and that kind of stuff. Because I need to check with licensing and the Department of Agriculture -- G. Totman: Ag and Markets -- D. Portzline: Yes, Ag and Markets, Board of Health, and all that kind of stuff, and all that stuff would be in place and I would either have the applications or the permits in hand at that time . G. Totman: Van? V. Travis. I move its approval. S. Clark: I'll second it. G. Totmant Anybody opposed? (No one was opposed .) Carried. D. Portzline: Thanks. Discussion With Mark Gunn, New Town of Groton Code Enforcement Officer G. Totman: Okay. What I thought we would do next, we have a new Code Enforcement Officer. You met him a couple of times briefly at the meetings, and I thought we would take some time tonight ,just for the Planning Board to ask questions about some of the problems that we've had that we didn't think were taken care of, or anything you might ask the CEO about what he thinks his ,job is, or what you think maybe his job is. He doesn't work for us. He works for the Town Board, but his association is with us. I might say also that since he's come on, the fees that we charge for subdivisions or for motor repair shops, this, that, or the other thing, has come to focus that they are sort of out of line. And I was asked a month ago to come up with new fees and regulations for them. I looked at the schedule that they had, and to my knowledge they have never been brought before the Planning Board as to what the fees are they charge for all this stuff. I was a little hesitant as to -- M. Carey: I thought we did that when we re-did the -- 4 Groton Town Planning Board Meeting Minutes 16 July 1998 G. Totman: They are not in the Ordinance. In the Ordinance, it says -- M. Carey, But I'm sure we saw the fees. G. Totmaw We see them, but we've never looked at them close. But if you study them out, they really don't make any sense . And so Mark has got those, and they've given them to him to look at and work with . I met with Mark one night just to get an idea of what they were and to compare them with other towns. So this is just to get acquainted and verberate for a few minutes, and to carry it a little farther of what we're doing, Don Palmer is the person on the Town Board that's been assigned to the Code Division part of it -- not the Planning Board, but the codes -- to work on those things -- codes and fees and building regulations. I'm not sure what Teresa had in mind when she did it. Open it up, Cecil - - you had a question earlier about Sharpsteen Road. C. Twigg: Well, I drove by there the other day and the driveway back to the garage was chuck full of cars, and the parking lot down below that we designated that the cars would be lined up in there, that was just jammed full of cars. V. Rankin: Were they lined up? C. ° No. G. Totman: This is O'Brien's. M. Gunn: I figured that. C. Twigg: And there was a couple cars out on the road they couldn't find a place to park. V. Travis: This is what -- a motor repair shop? Auto repair shop? C. Twigg: Now I don't know if it makes a lot of difference over on Sharpsteen Road, but -- M. Carey: Well, we've had complaints. G. Totman: I think what Cecil is saying, if I may interrupt for a minute for Van's sake and Marks, is -- as I was saying to this guy right here (Portzline) -- we put down on the Special Permit how you can operate and what you can do . Sherry O'Brien sat right here where you are sitting one night and said " this is what I can live with. " And that's what's on his Special Permit. We have constantly had all these kind of problems for the last ten years. V. Rankin: It's not our problem, it's his (Mark'S) problem now. G. Totman: But his ,job is to make these -- and if they don't comply, he's not supposed to renew their Permit. And over the years, the Permit has been renewed. That's what they're complaining about. S. Clark: Right. G. Totman: And so basically what should happen with Sherry O'Brien is that if he doesn't want to comply, he should be served notice through a Certified letter, 30 days ahead of time, saying you're not complying, this is what you agreed to, and you'll find the Minutes of the meeting where he agreed to it in his folder -- V. Rankin: He's going to be rough on you, Mark. G. Totman: Well, the thing of it is, those are what he agreed to. And if he doesn't want to do it, then he should be taken to Court. But he never has. C. Twia.o He's kind of blatant about it, really. G. Totman: Well, I know, but the thing of it is -- 5 Groton Town Planning Board Meeting Minutes 16 July 1998 C. Twigg: He just thinks "I can do as I want to do" and we can't have -- G. Totman: This is the problem that Mark has got. M. Gunn: Well, he might not be that much of a problem anymore. G. Totman: What I was going to say is -- Dennis Portzline practically took him over the coals, okay? But when he came in here and talked to us, he was a completely different person. And that's the way Sherry O'Brien was when he was in here with us. But George and Gary and everybody have always been afraid of Sherry O'Brien -- for whatever reason, I don't know. But I think it's because they've never given him the ultimatum of going to Court. The thing of it is, if he's going to make that guy over in McLean that we gave a permit to two months ago comply, then he's got to make Sherry O'Brien comply. Because otherwise, you'll lose your case in Court with this guy over here if he can name all these other places that are not complying. M. Gunne The last I was told about three weeks ago, Sherry O'Brien is moving to Arizona. G. Totmano But I think he should be served notice that he's not complying. V. Travis: Does he have the option of coming back in here and re-discussing it with us? G. Totmaw He's done that twice . Co Twigg: He's done it several time and he doesn't even comply with what he agrees to. M. Carey: His wife even told us that she doesn't like that mess and she wants us to make him clean it up. Then you go by the place a week later and it's just as bad or worse than it was when he was in. G. Totman: He did come back once and had it changed a little bit. V. Travis: So the answer is "yes" and he's done that and he still does not comply. C. Twigg: We shouldn't waste our time with him. V. Rankin: No. G. Totman: It's hard to put it on Mark because he's new, but it's been going on for years and people are really upset with it. That wasn't what I had in mind when I asked you to be here tonight. I didn't think about that one, but it's true, that is a really serious problem. But from my experience, with your job, if you can take a guy like that and make him comply, the word gets out in the community and it makes it much easier then dealing with the other people . But it's hard dealing with other people when they know a guy like him can get away with it. M. Gunn: Shall I enlighten them on the other topic? G. Totman: Yes. That would be refreshing news. M. Gunn* Joe Wilbur -- V. Travis: Tell us who he is and what he's doing. M. Gunn: He's on Lick Street. Owns some property down in back -- owned a bunch of property right up by the road, but he divided that off and his daughter and her husband own that now. He owns the property down in the woods that borders John Pachai's property. And it was brought to my attention, through John, and he had me up in the woods, and I looked across the property and Mr. Wilbur has gone against the Mobile Home Ordinance and he's pulled three 19--late 60s mobile homes in there, framed them together, framed a structure over the top of them, put his own septic, his own electric , the whole nine yards in. 6 Groton 'Town Planning Board Meeting Minutes 16 .July 1888 M. Carey: Does he have electric down there now? M. Gunn: Yes. M. Carey: Because he was just running a generator before. M. Gunn: Well that's what he's gone off is the generator. V. Travis: And no Building Permit? M. Gunn: No Building Permit, no nothing, and it's down in the tax records as being a vacant lot, so he's going to have the Health Department, building codes; he's going to have people after him for back taxes because there's no telling how long he's had this structure up -- and I've got all kinds of -- V. Rankine, Go after him. M. Gunn: I am. I can show a letter that was faxed to the Town Attorney today, and he said that I could go ahead and send it, and it went out "Certified" today. G. Totman: Would you read this out loud, George? G. Van Slyke: I'm the only guy here that knows how to read! Okay, it's written to Joseph and Linda Wilbur and it's in reference to property Tax Map #26- 1 - 14. 33. Mr. Wilbur: It's been brought to my attention that a few things have been done on your property that normally requires a Building Permit. I have not received an application from you and need to come out and take a look for myself. Please keep in mind that the Town of Groton and the State of New York require Building Permits for any electrical installation, roof construction, structural repairs or alterations, etc. There's also a Mobile Home Ordinance that does not allow mobile homes of a certain age to be installed in New York State . We need to get this matter cleared up as soon as possible to avoid any legal action . Please call my office to set up an appointment so that I can inspect this property. I can be reached at 898-4428 . Please contact me by July 31 , 1998, Sincerely, Mark Gunn. J. Fitch: What is that letter dated? G. Van Slyke : July 17th -- tomorrow. M. Carey: Just for your information, they might still be gone . I'm not sure, but I haven't seen either one of their vehicles on the road. M. Gunn: They were there three or four weeks ago when John had me down. G. Totman: Now, have you notified the Health Department and the assessor to go out and take a look? M. Gunn: I haven't notified anybody yet until I get there because, for all I know, he might have an outhouse. G. Totman: It would be a help to you. Once you're sure the trailers there and that sort of thing, like you explained it earlier, to have them come and herd on them too. Makes your job a lot easier to get their help. They have more clout. But in New York State , you can't bring a mobile home on a property older than a 1976 unless it can be proven by a statement from a contractor that he's brought it up to date to the current codes. M. Gunn: Yes, it has to pass HUD . G. Totman: And normally the mobile homes that are that old it costs more to bring them up to Code than they are worth . And if they 're in the 60s, they are definitely -- I mean, they've got to go. M. Gunn: Yes, he's got three of them. 7 Groton Town Planning Board Meeting Minutes 16 July 1998 G. Totman: In the past, what he was doing was bring a camper in, stick a 4-inch pipe up to the sewer line and run it out in the field . Monica can tell you that. M. Carey: He put a camper there and lived in that for 8 or 10 years. But Senter never did nothing about it. M. Gunn: Well, the did have him in Court about that, but it came down to there was no way anybody could document or be down there to say exactly how many days out of the month he actually lived there . So without doing that, there was no way to prove it. G. Totman: Yes, but you could drive down the road and see those pipes running out of that trailer into the open field. M. Carey: He lives there year-round. V. Rankin: What about the Board of Health? They don't allow that. G. Totman: That's what I'm saying -- M, Carey: Well, he claimed that he was piping into the house's septic system. G. Totman: Yes, but if you call the Board of Health , they have to go out on a complaint and they can see where it's being piped. That's why I was suggesting it. It makes it a lot easier on you. M. Gunn: I was going to call Janice -- G. Totman: I definitely would call Janice , because even though he doesn't comply, you don't even have to wait for the 30th, you can call her and tell her you've got this complaint and she goes out and checks. And Janice Koski, she's the County Health Department person that is assigned to the Town of Groton. M. Gunn: And she doesn't pull any punches. C. Twigg: She's kind of fair, though , I think. G. Totman : She's reasonable. M. Gunn: I'm trying to change the whole scheme of being the "hard-ass" Code Enforcement Officer. I'm trying to make people see that it's for their own safety. I think I did the hardest thing that was ever to be done and that was to break through and get Roy Benedict to understand why I had the right to come into the house -- it was for him and his wife's safety in case there was a fire in the house . Mary Chase is doing work up there. And by the time I left, he completely understood . And, to me, accomplishing that was like pulling teeth . G. Totman : That's a summer home you're talking about. M. Gunn: Yes. They had started doing all kinds of construction on that house without a Building Permit, and when I went in there, the windows are above an inch and a half above State regulation for the sill height. And he and his wife are not agile enough to get over those sills. There's no way. So are you going to make them rip all the siding off, all the new siding, and tear everything out? So instead , I made him put in two extra inter-connected smoke detectors inside the house to give them extra warming so they may not have to use that window. I'm trying to give and take a little bit instead of going in and just saying tear it out and put it the way it's supposed to be . G. Totman: Or you could have them do something else, too. What I did one time was to have someone build in a bookcase by the window that was low and they could use to get out the window. It had to be built in, something you couldn't pick up and move away. You can do a lot of things like that and make people happy with it. M. Carey: Have you got any other major problems? 8 Groton Town Planning Board Meeting Minutes 16 duly 1998 M. Gunn: I did a couple of zoning letters this week. One was to a couple on a fairly new place on Bird Cemetery Road -- Vliet house, right across from Decker's. V. Rankin: You mean the junk hole? M. Gunn: Yes. And she got it in the mail and she was down here yesterday, ripping and tearing that her child was autistic or something and throws the stuff all over the yard. And I said, "I feel for you, I feel sorry your child has this illness, but I don't believe your two-year old threw the sofa in the front yard. " Because that's what was in there, that's what prompted me to write -- there was a washing machine , a sofa, and all kinds of stuff out there . And I gave it three weeks just to see if maybe they were going to have a garage sale . So I gave it some time. And then there's a gentlemen, Ferris, I believe, on Bossard Road. V. Rankin: Another good one. M. Gunn: Parking several vehicles right on the road and in trying to get out of the way of another oncoming car, I almost rear-ended one of these unregistered, unlicensed vehicles that were parked on Bossard Road. He wouldn't come to the door; he just looked at me out the window and wouldn't come out, so I wrote him a letter, too. V. Rankin: We've got another one right next door -- Ken Baldwin. There's three old junk cars sitting in the driveway all the while -- on Cobb Street, right next door to me. M. Gunn: Is that a single-wide across the street? G. Totman: Baldwin is on the same side of the street that Verl's on. V. Rankin: He's always got those old cars out there and they've been after him before, but he gets away with it. He may stick a license plate on them but they can't run. Then he has them on the road half the time, too. He'll pull them out in the road and monkey with them. He can't even fix a car unless It's out in the road. M. Gunn: I've gone by and I've looked, and I came to the conclusion through dealing with the vehicles where I work at the Girls' Correctional Facility in Lansing, that you see vehicles coming in and out that you think are licensed and registered, but either the registration is out of date, which means it is not licensed, or the inspection is out of date which means it's illegal . So if it's not all matched up and current, then I'm writing it down. And it seems like it's all this side of town -- all West Groton area. Be Clark: We have one on Old Stage Road, G. Totmane Have you been down Old Stage Road very much lately? M. Gunn: I'm trying to figure out which one is Old Stage. V. Rankin: Well, there's a mansion there and then you go up the road a little ways -- G. Totman: Do you know where Roger Gleason lives? Go up Clark Street and turn right and keep on going down the road -- almost down into Groton City, M. Gunn: I was out there tonight. G. Totman: That's where she lives. There's a house out there right next door to a mansion -- about an $800,000 house that's really what bears looking at. G. Van Slyke: They are parking all kinds of things out there in the yard . Be Clark: We're almost to the Cortland line where Old Stage Road turns into Sears Road. 9 Groton Town Planning Board Meeting Minutes 16 duly 1998 M. Gunn: I turned off Sears Road onto Champlin Road and then drove down Champlin Road and turned right and came back up. S. Clark: He's talking about a different Sears Road -- that's Groton's Sears Road , G. Totman: How's that family doing down there now? Any better or worse? The guy that lives next door to you is the father of that tribe over there, three times removed. V. Travis: Father three times removed? G. Totman: The ones that they are talking about use to live in Lansing. And the only way the people in Lansing got them out was one of the guys that has some money bought their property and then bought this piece over here and sold it to them on a land contract which he knows full well he'll get back. Then he bulldozed their property over there and made a lawn out of it, so now theyre over here now next to Clarks. Their 17-year old son just got arrested for a number of different things in the City of Cortland since he's been over there and the judge commented that he was nothing but trouble. The law today protects people. I'm sure you'll hear from the neighbors, Mark, one way or another, about this place over there . It's not under Walrad over there, even though he lives there. It's really gone under Delaney and Baker. Be Clark: And Graham, Dorothy Graham is the older woman . That's what was on her check that she paid her fine with last week for her dogs barking. There's a trailer there -- there are two trailers, but there's a camping trailer that a bunch of these hoodlums are living in parked beside a barn. S. Clark: And seven dogs, 12 horses, Be Clark: There's been a lot of complaints on the dogs. They've got 12 horses on a lot that's probably twice as big as this building and they've already been out twice . M. Gunn: I wish I'd gone farther out tonight. Be Clark: I wish you had too . G. Totman: Thanks for coming, Mark. I think it's good to get a rapport going. Does anybody got anything else to bring up tonight? (No one did .) G. Van Slyke : I move that we adjourn the meeting. C. Twigg: I'll second that. G. Totman: All in favor? (Everyone indicated they were in favor.) The meeting was adjourned at 8:59 p.m . do E. Fitch Recording Secretary 10