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HomeMy WebLinkAboutTB Minutes 1975-12-08 TOWN OF ITHACA REGULAR BOARD MEETING December 8 , 1975 At a :regular rieeting of . the . Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town of Ithaca> Offices ` at 126 East Seneca Street , .. Ithaca , New York , on the 8th day of y December , 1975 , at 5, ; 00 ' o ' clock P .:m . , there were PRESENT .' Walter J . Schwan ,, Supervisor Andrew W . McElwee , Councilman Victor Del Rosso , Councilman Robert No Powers , Councilman ABSENT : Noel Desch, , Councilman ALSO PRESENTO James Ve Buyoucos ; Town Attorn' dy . awronce P . Pabbroni , Town Engineer Barbara . P . Holcomb , Planning Board Chairwoman Robert Parkin , Highway Superintendent Beverly Livesay; County Representative Hugh S : MacNeil , County Representative Catherine A. Valentino , Town Representative on Ithaca Youth Bureau and the Ad Hoc , Committee; on Youth and ; . Recreation Shirley Raft nsper4er ,. . 139 Pine Tree Road Susan Blumenthal , Summer Planning Intern Dr . Earl L . Muetterties , 201 Christopher Lane John J . Turner , 290 Stone Quarry Road Representatives of the Media APPROVAL OF MINUTES Motion by Supervisor Schwan ; seconded by Councilman McElwee , RESOLVED , that the minutes of September 15 and� October " 13 , 1975 be approved , as presented . , Unanimously carried . REPORTS OF COUNTY REPRESENTATIVES Mrs . Livesay reported that at the public hearing on paid parking at the Tompkins County Airport on December 8 , the matter was tabled . She said in -put would be appreciated before the mat- ter comes up again at the next meeting of the Board of Representa - tives . All the people who spoke at the hearing were opposed to paid parking at the Airport . Mr . MacNeil said paid parking at the Airport is a much misunderstood subject which requires more thinking about . He said a meeting will be scheduled so that more facts may become available . He said more income is needed to make the Airport strong . Mrs . Livesay said that at the hearing the point was made that other sources of income should be investigated . Mr . MacNeil said all Airport contracts are being re-negotiated . Mrs * Livesay reported that a resolution was adopted appointing Robert N . Powers and h7alter J . Schwan to the Sewer Commission . Mrs . Livesay said she was open to hear any questions the Town Board might have regarding appointments to the Board of Mana - gers for the Hospital . She said the Board of Managers is being re - structured . Supervisor Schwan said the Ithaca Town Board need - ed to know more about the Board of Managers , what they do , how often they meet , how many hours a month they spend on Hospital TOWN BOARD MINUTES - 2 - December; 8 , 1975 business . kits , Livesay thought they would need to spend more time ^ since they will have more responsibility for the Hospital . It will be like a Board of Directors , she said . The Board of Managers and the new Board of Representatives will be involved in the transitional business of incorporating as a non -profit Hospital . They will have. . a big job and talented people are needed . Regarding the Hospital , Mr . MacNeil said that the County is borrowing money to pay . the operating deficit . He furnished the Board with County . Equalizatibn Table - 1975 Assessed Value for 1976 Budget showing apportioiu ent6 of gross levy on the basis of full value , sales tax credit on the basis of population to towns and villages , and tax rate per $ 1 , 000 of assessed valu- ation , for the nine towns and the City of Ithaca . ( See material attached to these minutes ) . . . Per . MacNeil explained why County taxes are up and indicated the Hospital operating deficit: con - tinues to be about $ 600 , 000 . He said preliminary discussions indicate that the County will suffer to the extznt of 1 %' in the spread between the interest rate in borrowing money and interest which might be received when the borrowed money is re - invested . rise MacNeil said the date for awarding a contract to build the new Hospital is undetermined at this time . PERSONS , TO BE HEARD Dr . Earl L . Muetterties , 201 Christopher Lane , ' asked why the pond on the property of St . Catherine of Siena Church was drained . Supervisor Schwan explained that two thirds of the pond was on Church property and one - third on the Town right -of - way ,o that the pond was causing the road to be unstable ., and , further , was a source of liability to the Town i .f anyone were . Injured or drowned . Therefore , the Town had the pond drained . Supervisor Schwan offered to furnish Dr . Puetterties with a copy of a letter to the Rev . William Roche dated August. 26 , 1975 in which he advised that if Ste Catherine ' s Church wants to have a pond there , they will have to construct a dike off of the Town ' s right-of -way to hold the water . Supervisor Schwan said he would also advise Dr . Muetterties when the Town accepted Ste , Catherine Circle and the deed to the right-of -way . John J . Turner , 240 Stone Quarry Roaa, requested a speed. limit on Stone Quarry Road . He said people are driving 50 to 70 miles . per hour . Supervisor Schwan said the Town will request a speed limit through the State Department of Transportation . Mr . Fabbroni recommended 35 miles per hour from the City line to where a culvert crosses under Stone Quarry Road and 45 " miles per hour from there to East King Road . Mr . Turner said there is also a hazard from a culvert in the area which has been. Ifak - ing and freezes in cold weather . Highway Superintendent T) r ftn said there is a spring under the road and that weepers ';�nust be put in 1-1i the ' Spring ' • to drain off the water . Dire Parkin said . that in the meantime he is watching the situation and .keeping the area salted . Motion by Supervisor Schwan ; seconded try couneilinan Powers , RESOLVED , that the Town of Ithaca request that the New York State Department of Transportation establish a speed limit of 35 miles per hour on Stone Quarry Road from the City of Ithaca line to the point where a culvert crosses Stone Quarry ' Road and 45 miles per hour from that point to West King Road . Unanimously carded . 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Y V Y Y Y Y Y Y Y Y • Y rt Oo 00 V o V %D Fr r 0% to w r y F+ rn r 49S W r t!+ O %D N O% N V V N � O 0% V tD V to V 1-9 m � N r O O CA l% A OD r V A N N %0 N W Co tr W A ♦ r r o oo r *d o W W r N I•r v , m&% th w r N t0 Up CL F+ �D Ln %0 V N F+ r tD V N 0% W w V r 0 A t O O 7d ho '. IN" W .I w o N Ln N N r r 00 0% r � w F+ two O� tr o co w tr O C% O V to w O W O th m y W M to r W r co r %D %D M Oo C% N 0 r 016 H 00 t.n tD T 0% A C+ N O 0% W w FMA b i+ N top H N C r ' N h u TOWN BOARD MINUTES low 3 . - December 8 1975 LEXINGTON DRIVE - PERFORMANCE BOND Mr . Fabbroni illustrated on map ( portion of Schoenfeld Williamsburg Park Subdivision ) where . Lexington Drive is . A base of 12 inches of crusher run and six inches of crushed , stone are in place on this road . Mr . Schoenfeld has agreed to furnish a letter of credit in the amount of $ 3 , 000 to guarantee the com- pletion of the oiling ., and stoning of the road in the spring , with a deadline of June 1 , 1976 . If Mr . Schoenfeld does not perform the work , the Town will use the money to do the work next summer or contract to have it done ° In exchange for the letter of credit the Town will agree to accept the deed and issue building permits . Attorney Buyoucos said he was prepared to recommend this based on the opinion of Mr . Fabbroni and Mr . Parkirr, that no hazard to the public will be created and that the surface will not deteriorate and that the Town will be protected by a save and hold harmless " clause . Motion by Supervisor Schwan , seconded by Councilman McElwee , RESOLVED , that the Town Attorneyand the Town Engineer shall work out an agreement with Otto B . Schoenfeld for the comple - ti.on to Town specifications of that portion of Lexington Drive for which he desires building permits to be issued , Mr . Schoen ° feld to furnish a $ 3 , 000 . 00 irrevocable letter of credit to the Town of Ithaca to guarantee the completion of the work . Unanimously carried . SIGN FOR JUDD FALLS WINE AND SPIRITS STORE Mr . Fabbroni illustrated on map a proposed sign for the Judd Falls wine and Spirits Store - - a simple sign saying " Liquor °' . He said the proposed sign is in accordance with the sign ordinance and that the Planning Board has recommended its approval . Motion by Supervisor Schwan ; seconded by Councilman Powers , k RESOLVED , that this Town Board , upon the recommendation of the Planning Board , and upon review , hereby approves a sign reading " Liquor " for the Judd Falls Wine and Spirits Store , said proposed sign being in accordance with the Town of Ithaca . Sign Ordinance . Unanimously carried . ENGIFFERING CONTRACT WITH LOZIER ENGINEERS INC . FOR T0 71\7-117IDE SEWER EXTENSIONS ( $ 970 , 000 PROJECT ) Supervisor Schwan reported that Lozier Engineers , Inc . had requested that the engineering contract for the proposed extension of sewer lines in the Towri of Ithaca ( Forest Homy: , Slaterville Road , Elm Street Extension , Coddington Road and Glenside ) be executed on behalf of the Toem . Mr . Fabbroni noted that it is a standard contract and that there is noth _aig unusual in the terms of the contract or the work that is covered in it . Motion by Supervisor Schwan ; seconded by Councilman McElwee , RESOLVED , that the Town Supervisor is hereby authorized , on behalf of the Town of Ithaca , to execute an engineering contract with Lozier Engineers , Inc . in connection with the proposed $ 970 , 000 project for the sewering of five areas of the Town of Ithaca ( Forest Home , Slaterville Road , Elm Street Extension , Codd 5.ng - on Road and Glenside ) , subject to review by the Town Attorney . Unanimously carried . i I TOWN . BOARD MINUTES ` J.k:, 4 - December 8y 1975 NEW YORK STATE SAYER ROADS AND PAVEMENT MARKING PROGRAM Mrs Fabbroni reported that this is a program for _ erecting or placing signs on Town of Ithaca roads which have dead ends , in school zones , replacing of signs , and a general upgrading of all traffic signs throughout the Town . This is a program which will bring signing in the Town of Ithaca up to the Manual of Uniform : Traffic Control of the State of New York . Mr . Fabbroni furnished the Board with a list of locations in the Town which will be signed and the type of signs which are con - templated . There are 140 - 170 signs involved . Mr . Fabbroni read in full the proposed agreement between the Town and the New York State Department of Transportation . The Town will receive abOut $7 , 500 from the State fbr this signing program when the work has been completed . Mr . Fabbroni asked the Board to authorize tree: Town Highway Superintendent to execute the agreement so that the Town may . take advantage of this program . Motion by Supervisor Schwan ; seconded by Councilman Powers , RESOLVED , that the Town Highway Superintendent is hereby authorized to execute an agreement with the New York State Department of Transportation to implement the Town of Ithaca ' s participation in the New York State Safer Roads and Pavement Marking Program . Unanimously carried . Highway Superintendent Parkin said the deadline for placing all the signs on the roads has been established as November of 1976 . The Town should be able to complete the work by that time . There is a possibility of getting an exten - sion , if necessary . The funds are available upon completion of the work or progress payments may be received. . RE -APPOINTMENTS Motion by Supervisor Schwano seconded by Councilman Del Rosso , RESOLVED , that the Town Highway Superintendent Robert Parkin , the Town Clerk Edward L . Bergen , and Deputy Town Clerks Cynthia Schoffner , Nancy M . Fuller , and Gertrude H . Bergen be reappoint- ed for two years beginning January 1 , 1976 through December 31 , 1977 . Unanimously carried . REPORTS OF TOWN OFFICIALS Supervisor Schwan reported there is a problem with Dr . Vincent P . Franciamone ' s continued request for the issuance of building permits , based on proposed changes in the , physical layout of his building , while he is still in contempt of court orders rendered by Judge Yesawich and while he still has a case on appeal . Supervisor Schwan asked if such requests could be held in abeyance pending the perfection of Mr . Franciamone ' s appeal and the rendering of a Court decision . Mr . Buyoucos said that at this time he knew of no provision of law for hold - ing such requests in abeyance . He suggested , however , that the requests for building permits be considered by the Building In - spector and if the permits are denied Mr . Franciamone would )) a free to pursue whatever remedy he might have at law . TOTIN BOARD MINUTES December 8 !11 , 1975 t II Tir . Fabbroni reported on the following matters';*. Williams Glen Road . It appears most of the residents on this road are happy with the completed Town portionGof the road . However , there seems to . be a feud among neighbors over the development of a second entrance along a pre -existing cow path or trail . Others want it closed . The sense of the Board was that this is a matter to be resolved by the residents them- selves and that -the Town will not become involved until there is some impact on the physical make -up of the Town right -of -way or road . Supervisor Schwan said the Town would be concerned if a new road is built which would tie to the Town road . Bus , Run . The first three months the bus run carried- 715 people , at an average subsidy of $ 1 . 33 per passenger . From September 2 td , November 15 , 552 people used the bus run at an average subsidy of $ 1 . 54 per passenger ( the approximate cost of a cab ride ) . There has been a series of meetings , and Ithacare and Ellis Hollow Road people are pursuing alternate means of transportation . The Town of Ithaca ° s obligation now is to en - force the letter of the agreement with Groff Associates - - that Groff is obligated to provide transportation for the elderly . A workable solution is being sought by January 5 , the present cut - off date of the service . It will definitely be Groff ° 's responsi - bility after that date . Easements for Town -elide Sewer Project . Mr . Fabbroni is obtaining the easements . He said it would be necessary . to make some minor location changes . With the exception of some problems in the Slaterville Road area it appears that easements for the other four areas will be in hand by the middle , of January . Consultant for Transit Study . Mro Fabbroni reviewed his recommendation to the Board regarding a consultant for the pro - posed transit study ( letter dated November 20 , 1975 ) 0 Generally , the Board concurred with Mro Fabbroni ° s recommendations . Coun - cilman McElwee ° s only concern was that other projects might suf - fer if present staff is overloaded . Mr . Fabbroni felt that he and Mr . Bonnell could gather data . that there is a great deal of ® in- house " data available and data available from other munici - palities . He did not recommend hiring a consultant . It was agreed that the matter of hiring a consultant would be tabled until the January meeting . Mitchell Street Stop signs . Stop signs were put up on Mitchell Street , the crosswalk was painted , and advance warning signs were put up as well . There has been considerable complaint from people who have never had to make the stop in the past . The experiment will be continued for a while to see if people can adjust their habits to make the stop . Mrs . Raffensperger said she had had a number of calls from parents on Maple Avenue who said they were very pleased the work was done so promptly and that the Town is at least giving it a try . Mr . Fabbroni said the children need a little indoctrination as to where to crass the road . Mrs . Raffensperger said a crossing guard had been ; uq -o gested to her . and she had suggested they call the Sheriff ' s office and ask them to patrol the area as often as possible . This alas been done to a certain extent and parents also have escorted th.e children . It appears , therefore , that everyone is trying to make it work , but it will not work unless drivers get into the habit of stopping . TOWN BOARD MINUTES - 6 - December 8 „ 1975 t DOG CONTROL LAW - PUBLIC HEARING Proof of posting and publication of a notice of Public . Hearing having been presented by the Town Clerk , the Supervisor opened the hearing by reading the proposed Dog Control Law , in full , as prepared by the Town Attorney . Town Attorney Buyoucos said he had called the Department of Agriculture and Markets with regard to a ' contract which the Town of Ithaca might enter into with the SPCA and advised that any such contract croull have to ? ai rove; by them ( the Department of Agriculture and Markets ) . Attorney Buyoucos emphasized that once a Dog Control Law is adop - ted , it will not be up to the Town Board to enforce it . If a person is aggrieved by an action of a dog , the Dog Control Law provides procedures , of law which he or she may follow to get relief. Attorney Buyoucos said Section 2 ( a ) , ( b ) , ( c ) , ( d ) , and ( e ) , together with Section 8 , constitute what is generally called a " leash law " - - be picked up covering dogs running at large which may . Supervisor Schwan was concerned over Section l0 which says impounded dogs are boarded at the expense of the municipality . He said this could be expensive . . He noted , toot that the City of Ithaca has been talking about spending in excess of $ 15 , 000 in a contract with the SPCA for their services . He felt the owners of offending dogs should pay for their care - - not the taxpayers . . A question arose as to who keeps fines which are imposed . Because of these and other unresolved question''s , and a desire to further study dog ordinances adopted by the Village of Cayuga Heights , Groton , - and Lansing , and sample contracts with the SPCA , the sense of the Board was to adjourn further consider - ation of the Dog Control Law until the January meeting ,, of the Board . Supervisor Schwan asked if anyone else wished to speak relative to the proposed Dog Control Law . No one wished to speak . Therefore , the Supervisor closed the hearing , and decision was deferred pending further investigation as indicated . Mrs . Valentino volunteered to talk with people at the SPCA and look further into questions raised at the hearing . She will make a report at the January meeting . CONTINUED REPORTS FROM TOV414 OFFICIALS Mrs . Holcomb reported that the Town Board ( as well as the Planning Board ) approved a site plan when the Beaujolais Restaurant was approved . The site plan showed expanded parking area behind the existing building . In the conversion of the house into the restaurant they had to make some changes in the septic field for the Department of Environmental Conservation . The septic field is now in the flat area behind the house . It causes no problem except that DEC says they cannot permit parking on top of it . The septic field can be protected by additional fill but DEC . ( in Syracuse ) will not consider this at this time. In the meantime , a parking problem has developed in front of the lot . Mr . O ' Malley has leased land across the road and has put gravel down . The area is only used for overflow parking . The Beaujolais Restaurant staff parks there . The remainder of the time the parking on the property is adequate . Ctrs . Holcomb said the Town Board will receive a request from the Planning Board to approve a change in the site plan , with the following conditions ( 1 ) that Beaujolais Restaurant will continue working with DEC to allow them to park in the original area , and ( 2 ) investigate the possibility of sharing the Millbrook parking lot as an alternative . . There is concern for the safety of people crossing Rt . '', 13 . There is a proposal that lighting be added to the parking lot which may alleviate the problem . Mrs . Holcomb suggested that the Board members drive by the Beaujolais before the January meeting , i, I TOWN BOARD MINIITES December 81!,, 1975 Mr . Fabbroni requested a resolution from the Board establishing Mitchell Street and Vine Street as a 3 -way stop location . Attorney Buyoucos said this would require an amend ° ment to the Traffic Ordinance - - not simply a resolution . Mr .. Fabbroni said that according to law a resolution is required for every traffic device in the Town . Councilman Powers inquired if the Town does not already have an ordinance which permits putting stop signs in place . Mr . Fabbroni said this was so . only for parking signs ; that the Town needs the same type of ordinance for " stop " and " yield " signs . Pars . Holcomb noted that each time the Town adds a parking area , it is added to the basic traffic ordinance . Councilman Powers said , then , that `, the Town would need a basis ordinance for stop and yield signs to which amendments ( additions or deletions ) may be made . Per . Fabbroni said the basic -ordinance would list the locations . It was agreed that Attorney Buyoucos would prepare such an ordinance for the January meeting with Mr . Fabbroni ,' s help . HIGHWAY BARN IMPROVEMENT Mt . Fabbroni presented a tentative site plan for proposed extensions to the highway barns . He said he is gathering- prelimi - nary figures based on preliminary estimates from people who might do the works All this is preliminary to preparing detailed speci ° fications and putting the project out to bid , if the Town decides to go ahead with the project . The plans encompass an all °weather addition to house two additional truck bays and a maintenance bay _ ° a building to house equipment which now stands outdoors . This will reduce maintenance expense on the equipment . In the summer it will be storage space for snow plows and other winter equip- ment . The addition is needed for other reasons as well -- to comply with OSHA requirements as to wash room facilities and space for employees mandated under Federal law . The Board recommended that Piro Fabbroni continue gathering information and estimates prior to preparing detailed specifications since it does appear that the facility will have to be improved . Supervisor Schwan reported on the Bolton Point project that the $ 200 , 000 note had been renewed at 5 . 5 % o that the project is proceeding on schedule . He said he required formal ' authoriza _ tion from the Board to execute the renewal of the $ 200 , 000 borrow- ing . Motion by Councilman McElwee ; seconded by Councilman Powers , RESOLVED , that the Supervisor 'is hereby authorized to execute whatever documents are required to be executed and to take what _ ever steps are necessary din connection with renewal . of , $ 200 , 000 Bond Anticipation Note , and it is further resolved that this Board hereby approves and ratifies any action the Supervisor has hereto ° fore taken in this connection . Unanimously carried . GROFF ESCROW ACCOUNT - EAST HILL PLAZA Motion by Councilman McElwee ; seconded by Supervisor Schwan , RESOLVED , that this Town Board hereby approves payment in the amount of $ 329 . 64 to Bradley Landscaping and $ 452 . 46 to Groff Associates to close out escrow account of Groff Associates which was established to guarantee performance of landscaping at the East Hill Plaza , Unanimously carried . TOWN BOARD MINUTES - 8 December 8 , 1975 CAPITAL RESERVE FUND At its November 17 , 1975 special Board meeting the Town Board adopted a resolution establishing a capital reserve fund in the amount . of $ 130 , 000 for open space , parks , and recreation and resolved further at that time that the Town Attorney would formulate precise language to delineate the category " open space , Parks , and recreation `° , to implement the intent of the resolution that the said category- be interpreted in the broadest sense pos - sible . The Town Attorney having provided such precise language and the Board having reviewed same , acted as follows : Motion by Supervisor Schwanpa seconded by Councilman Del Rosso , RESOLUTION ESTABLISHING A CAPITAL RESERVE SUM TO BE KNOWN AS " CAPITAL RESERVE FUND : PARKS , OPEN SPACE , RECREATION , SCENIC AREAS , BEAUTIFICATION " BE IT RESOLVEDO Section 1 . The Town of Ithaca by adopting in June , 1975 a Park and Open Space Policy has established its intention to encourage , support and undertake the acquisition , promotion , development , establishment and maintenance of parks , playgrounds , recreational facilities , and the preservation and beautification of open spaces , scenic areas and other such natural resources , all for the use and benefit of the residents of the Town of Ithaca . Section 2 . ( a ) Iri order to implement the policy here -° inabove stated and as the same may be further defined and en- hanced in the future , the Town Board hereby establishes a Capi - tal Reserve Fund to be designated for purposes of identification as " Capital Reserve Fund : Parks , Open Space , Recreation , Scenic Areas , Beautification . `" ( b ) The Chief Fiscal Officer of the Town is authorized to transfer from the General Fund and deposit in said Capital Reserve Fund the sum of $ 130 , 000 . 00 . ( c ) The proceeds in said fund shall be used for the general purposes stated in Section 1 including , but not limited to , the study and development of policies and programs to accom- plish the said purposes , the acquisition , development and main - tenance of land for open space , parks and recreation , the estab - lishment , preservation and maintenance of scenic areas and areas which are geologically and ecologically unique , the development of areas and trails for use as bicycle paths , hiking and walk Paths , the beautification of highways areas and the enhancement of natural scenic areas . ( d ) Additional funds may be deposited in the Fund as the Town Board may lawfully authorize from time to time and in the manner provided by law . ( e ) The proceeds in such Fund shall be expended for such of the purposes which are hereinabove set forth which are permitted by law , or may be otherwise withdrawn from said Fund as may be permitted by law , in full , or in part , as the Town Board may direct by resolution or order which it may adopt from time to time , and , if required by law , such action shall be sub- ject to permissive referendum and to any other requirements of law . No capital program to carry out and implement the purposes hereinbefore set .forth shall be undertaken except in compliance with such provisions , if any , of the General Municipal Law , the Local Finance Law , or other provision of late as may be controlling and applicable . ( f ) This resolution shall take effect immediately . Unanimously carried . TOWN BOARD MINUTES - 9 - December 8 , 1975 BOLTON POINT WARRANTS Consideration of the Bolton Point warrants was deferred . TOWN OF ITHACA WARRANTS Motion by Councilman Powers , seconded by Councilman Del Rosso , RESOLVED , that Town of Ithaca warrants dated December 8' , 1975 be approved in the .following amounts . General Fund . . . . . . . . . . . . . . . . . . . . . . . . $ 13 , 825 . 44 Highway Fund . . . . . . . . . . . . . . . . . . . > . . . . 10 , 910 . 03 Water and Sewer Fund . . . . . . . . . . . . . . . . 47 , 038 . 94 Unanimously carried . PARK AND OPEN SPACE PLAN The Park and Open Space Plan was reviewed by Miss Susan Blumenthal who had worked on it during the summer for the Town as Summer Planning Intern . For some thirty minutes Miss Blumenthal reviewed the prepared material in detail , indicating areas suit - able for the various uses - - parks , recreation , and open space . As Miss Blumenthal reviewed the material , Mr . Fabbroni pointed out the pertinent areas on the map . ( This Park and Open Space Plan is now on file in the Town Offices , available for inspection . ) After the Town Board has had an opportunity to study it , it will be discussed at a later meeting with a view to formally accepting it as a working document . ADJOURN11ENT The meeting was duly adjourned . Edward L . Bergen Town Clerk