HomeMy WebLinkAboutTB Minutes 1979-01-29 TOWN OF ITHACA
TOWN BOARD MEETING
January 29 , 1979 - 5 : 30 p . m .
At an Adjourned Meeting of the Town Board of the Town of Ithaca ,
Tompkins County , New York , held at the Town Offices at 126 East
Seneca Street , Ithaca , New York , on the 29th day of January , 1979 ,
at 5 : 30 p . m . , there were
PRESENT : Noel Desch , Supervisor
Andrew W . McElwee , Councilman
Victor Del Rosso , Councilman
Robert N . Powers , Councilman
Catherine Valentino , Councilwoman
Shirley Raffensperger , Councilwoman
Gust L . Freeman , Councilman
ALSO PRESENT : James V . Buyoucos , Town Attorney
Lawrence P . Fabbroni , Town Engineer / Building
Inspector
Robert W . Bonnell , Assistant to the Town Engineer
Beverly Livesay , County Representative
Loran Marion , County Representative
David Jennings , Town of Ithaca Representative
on Tompkins County Youth Bureau Board
Willis Hilker , Developer
Ronald T . Cortland , 503A Etna Road
Brian Ellsworth , 152 Honness Lane
Representatives of the Media :
Philip Lerman , Ithaca Journal
Jay Schneider , WHCU
Joel Tallmadge , WTKO News
RE - PAINTING OF SAPSUCKER WOODS ROAD
AND DANBY ROAD WATER TANKS — RESOLUTION NO . 61 1979
Motion by Supervisor Desch , seconded by Councilman McElwee ,
RESOLVED , that this Town Board hereby authorizes the release of
advertisements for bids on the repainting of the interior and
exterior of the Sapsucker Woods Road and Danby Road water tanks .
( Raffensperger , McElwee , Powers , Freeman , and Desch voting Aye .
Nays - none . Valentino and Del Rosso not yet present for this
vote . )
STONE QUARRY ROAD WATER SERVICE
Supervisor Desch reported that Mr . Fabbroni has worked out
an alignment of the proposed water line that minimizes the possi -
bility of encountering rock . It is intended at the Town Board
meeting of February 12 , 1979 to set a date for a public hearing
on this project .
FEASIBILITY STUDY ON TOWN HALL IMPROVEMENTS
- °' Supervisor Desch reported that the Town has in hand three
proposals for Town Hall improvements feasibility study . He appoint -
ed a committee of three - - Councilmen Powers and McElwee , and him-
self to study these proposals and make a recommendation to the full
Board on February 12 , 1979 .
REFUND REQUEST - RESOLUTION NO . 7 - 1979
Supervisor Desch reported that a request had been received
from Robert W . Andree , President of R . W . " Gusher " Andree , for
consideration of a refund for water service for the period October 1 ,
1978 through December 31 , 1978 . In view of the fact that the water
Town Board Minutes . . "` 2 - January 29 , 1979
service was for less than two weeks , the Board was inclined to
make this refund . However , the Board felt that a more definitive
policy should beset to 'handle such requests in the future . Super -
visor Desch noted that the Bolton Point Water Commission is at this
time preparing a set of Rules and Regulations which will cover ser -
vice connections . Until that policy is formally adopted , however ,
he felt the Board should proceed with the refund requested by Mr .
Andree .
Motion by Supervisor ' Desch , seconded by Councilman Powers ,
RESOLVED , that $ 18 . .58 be refunded to R . W . " Gusher " Andree for
service account # 169 - 015343 , on East Hill Plaza , for the period
October 1 , 1978 through December 31 , 1978 , the service having
only been installed on December 18 , 19780
( Powers , Raffensperger , Valentino , Del Rosso , Freeman and Desch
voting Aye . McElwee - Nay )
TAX EXEMPTION - CITY OWNED PROPERTY IN
THE TOWN OF ITHACA - RESOLUTION NO . 8 , 1979
Supervisor Desch reported that on March 10 , 1975 , the
Town Board passed a resolution which provided for a tax exemption
on City owned land in the Town providing the City reciprocated with
regard to the Town Hall . Last year , the City resolved to support
the Town ' s request for special State legislation with regard to
the Town Hall . The Supervisor recommended that in recognition
of the City ' s action the Town Board should proceed to grant the
exemption on City property with water and park related uses .
(' He noted that it appears that the Real Estate Law does not permit
the Town to exempt the City from County and School Taxes . It would
be up to the City to pursue this aspect of the matter . )
Supervisor Desch said that even though the State Legisla -
ture has not yet acted on the Town ' s bill , he believed it in the
best interests of the total community to formally proceed with the
exemption .
Motion by Councilman McElwee , seconded by Councilman Powers ,
WHEREAS , the Town of Ithaca appreciates the support ex -
pressed by City of Ithaca Common Council on April 5 , 1978 , on the
matter of the tax exemption on the Town Hall , and
WHEREAS , the Town believes it in the best interest of
both the City and the Town to grant the City of Ithaca a tax
exemption on City properties in the Town that are used as elements
of the City water and park systems ,
NOW ., THEREFORE , BE IT RESOLVED .
That the Town of Ithaca does hereby grant an exemption
from the payment of Town levied real estate taxes on the following
City - owned properties located in the Town so long as these properties
are used by the City for water supply system purposes :
6 - 18 - 2 - 11 902 East Shore Drive
6 - 26 - 5 - 6 Trumansburg Road
6 - 54 - 2 - 21 Pearsall Place Rear
6 - 55 - 1 - 1 Slaterville Road
6 - 63 - 2 - 15 Maple Avenue
The exemption does not include relief from special assess -
ments such as fire , water and sewer " taxes and benefit assessments .
( Raffensperger , Valentino , Powers , Del Rosso , McElwee , Freeman ,
and Desch voting Aye . Nays - none ) °
Town Board Minutes - 3 - January 29 , 1979
PEARL S . MILLER ESTATE
Town Attoeney Buyoucos distributed to the Board members
a proposed resolution in this matter . He said if the Board passes
this resolution , the lands which lie under the existing buildings ,
to the extent they encroach on the right of way , shall be deemed
to be leased to the owners of the Miller parcel for so long as the
building or buildings stand , and if the buildings are destroyed or
removed , then the lease shall cease . It is a permanent lease so
long as the building stands .
Councilwoman Raffensperger inquired whether the proposed
resolution solves the problems of the attorneys involved and the
problems of the people who intend to buy the property . Mr . Buyoucos
said it does .
Motion by Councilman Freeman ; seconded by Councilman McElwee ,
WHEREAS , the Town Board of the Town of Ithaca has made
the following findings and determinations .
A . The Estate of Pearl S . Miller is the owner of a parcel
of land in the Town of Ithaca known as 235 Forest Home Drive , being
tax parcel # 66 - 4 - 11 , more particularly shown on the survey map there -
of made by Thomas G . Miller , P . E . , dated June 26 , 1972 , amended
June 12 , 1978 , and being the parcel conveyed by Christopher Lindley
to Pearl S . Miller by deed dated August 14 , 1960 , recorded in Liber
431 of Deeds at page 123 ( herein referred to as the Miller parcel ) .
A copy of said map is attached hereto .
Be It appears that a portion of the dwelling may encroach
on the Town highway known as Forest Home Drive .
C . Any encroachment has apparently continued uninter -
ruptedly since the erection of the dwelling house now on the Miller
parcel .
D . The representative for the owner of the Miller parcel
has appeared before the Town Board , alleging financial hardship
because of apparent unmarketability of title created by any such
encroachment and has asserted a claim that the Town ' s jurisdiction
in the highway extends only to the travelled portions and has re -
quested the Town to abandon any claim the Town may have to any land
lying southerly of the paved portion of the highway .
E . A public hearing was held at the Town Hall on December
11 , 1978 , at 5 : 30 p . m . , following a notice published in the ITHACA
JOURNAL on December 1 , 1978 , by order of the Town Board . Ross J .
Guglielmino , of Rochester , New York , attorney for the owner , and
David Tyler , attorney for the contract purchaser of the Miller
parcel and Robert J . Hines , attorney , of Ithaca , New York , for
Chester Pond , the owner of the . parcel directly opposite on the
northerly side of Forest Home Drive ( tax parcel 66 - 3 - 16 ) , appeared .
No one objected to the granting of a permanent lease .
F . The Town Engineer has reported to the Town Board
that he foresees no practical difficulties or impairment of the
Town ' s ability to maintain the rest of Forest Home Drive if the
encroachments are permitted to continue and he recommends such
action . The Town Highway Superintendent recommends such action .
NOW , THEREFORE , IT IS RESOLVED AS FOLLOWS :
Section I . The Town of Ithaca grees to grant to the
owners of the Miller parcel , as described above , herein also
referred to as LESSEES ( their successors , distributees and assigns )
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Town Board Minutes - 4 - January 29 , 1979
a lease to maintain the existing building and appurtenances in
their present location as shown on the survey map referred to
above , but subject to the provisions set forth in the following
Sections .
Section II . A portion of the dwelling may encroach on
the Town highway known as Forest Home Drive .
Section III . It is not intended that this grant of a
lease shall convey to the Lessees a permanent title to that por -
tion of Forest Home Drive which may be occupied by , or may lie
under , the building , nor shall this resolution or the grant of
the lease to the Lessees be deemed to be an abandonement by the
Town of such title as it may now have in such portion of the said
highway , but it is intended that the lease shall be perpetual for
so long as the present building stands .
Section IV . The Town recognizes that the acceptance of
this lease by the Lessees shall be without prejudice to the rights
of the Lessees to assert that the right of way is limited to the
paved portion of the highway and that the Lessees reserve any and
all other rights they may have with respect to the leased lands
and/or the lands claimed by the Town to lie within the right of
way for the highway .
Section V . The Lessees shall maintain and pay for
adequate public liability insurance in the amount of at least
100 / 300 / 50 thousand dollars , insuring both the Town and Lessees
against any liability , loss or damage which may result by reason
of the maintenance of the building and appurtenances in their
present location .
Section VI . Neither this resolution nor the execution
and delivery of a lease pursuant thereto shall be deemed in any
way , or in any degree , a waiver by the Town of any rights which
it may have in all the remaining portion of Forest Home Drive ,
i . e . , that portion of said highway which lies beyond the bound -
aries of the - subject property and the Town reserves all rights ,
titles , interests and claims in such remaining portion of Forest
Home Drive , and all rights it may have at any time to assert
and maintain the full width of the right of way which the Town
lawfully has over such remaining portion of Forest Home Drive .
Section VII . The Supervisor is authorized , with the
assistance of the Town Attorney , the Town Engineer , and the
Highway Superintendent to cause to be prepared and to execute
a lease in recordable form . Such lease shall contain such pro -
visions as he deems appropriate to carry this resolution into
effect and to protect and preserve the respective interests and
rights of the Town . Without limiting the broad discretion granted
to the Supervisor as aforesaid , such lease shall contain suitable
provisions for the upkeep and maintenance of the building so that
it will not become a hazard to the public using the highway , and
for the termination of the lease in the event that the building
is destroyed , removed or abandoned and such provisions , if any ,
as the Supervisor may require for payment to the Town of expenses
incurred in connection with this matter , and any additional matters
relating to the insurance required ,. above .
( McElwee , Powers , Raffensperger , Freeman , Del Rosso , Valentino ,
and Desch voting Aye . Nays _ none )
Town Board Minutes - 5 - January 29 , 1979
REPORT OF COUNTY REPRESENTATIVE
Loran Marion . " It was my intention tonight to thank the
members of this Board for my appointment to the County Board of
Rerpesentatives . After four regular meetings , nine committee
meetings , two meetings that I am not sure what they were all
about , I still thank the Board for my appointment . "
Mr . Marion reported that the County Board of Representa -
tives has now come to a conclusion on the ambulance service .
Ambulance service will be provided at no cost to the County and
at no cost to the hospital . He said he believed they now had an
agreement that the ambulance services can live with . Mr . Marion
said that this agreement has in large part been reached due to the
work of Gust Freeman ' s committee which brought all of the pertinent
information to the Board of Representatives and they pulled it all
together .
Supervisor Desch thanked Mr . Marion for his report . He
said he could speak for the Town Board , that it is pleased that
the County will administer the service , that the five involved
municipalities felt the County should administer the service rather
than have a fragmented agreement . He commended the County on
listening to the concerns of the municipalities and moving quickly
to achieve a reasonably comprehensive agreement . The agreement
now contains most of the provisions which have evolved from the
work of various committees , and contains the best of all the pieces .
Supervisor Desch expressed some concern whether the agreement will
serve as a long term base for ambulance service , there is no guaran -
tee that it will . Mr . Marion stated that that had been discussed
at the County Board of Representatives meeting today ( January 29 ) ;
that it is hoped that the agreement will be an on - going one , but
it will be one which must be renegotiated from year to year .
Councilman Freeman expressed some concern over the financial
stability of the ambulance ; services in the future . Supervisor Desch
said that a year ' s experience will make clearer to all concerned
the reliability of the services and the financial stability of the
carriers .
Mr . Marion said that as a member of the Committee involved
with the ambulance service proglem , he felt . . . . " we were fortunate
to come up with this type of agreement when we had so little to
offer the ambulance services . I was delighted with it and members
of the Board of Representatives were delighted with it . " He hoped
that concerns about financial stability and responsibility would
turn out to be unfounded .
PERSONS TO BE HEARD
Mr . Willis Hilker asked the Town Board to give consideration
to the problem of developers and subdividers who are required to
install water and sewer pipes , and roads , at their own expense ,
and yet are required to pay the annual water and sewer benefit
charge for debt reduction . He said this seems like a double charge
to the developers in the Town . He said he realized a secondary
problem arises in how the charge should be handled when the property
is transferred from the developers to new owners . Are such owners
then in a different position than any other taxpayer ?
Supervisor Desch said the Town Board would give serious
thought to the problem , but the Board would also appreciate input
from developers as to their cost per lot to extend water and sewer
under present day construction costs .
Town Board Minutes - 6 - January 29 , 1979
COUNTY YOUTH BUREAU
Councilwoman Valentino reported meeting with Mr . David
Jennings , Town of Ithaca representative on the Tompkins County
Youth Bureau Board , regarding money which is becoming available
to the County and to the Town for youth programs for the preven -
tion of delinquency . Mr . Jennings described various funding pro -
grams which are available - - delinquency prevention , job counseling ,
career planning , prevention of teen - age pregnancy , arid , hopefully ,
transportation which is a unique problem in Tompkins County . He
noted that a new directory of programs available in Tompkins County
has been published by the Human Services Coalition , and recommended
that the Town purchase one ( $ 1 . 50 ) .
Supervisor Desch said he would include in the April news -
letter a request for input with regard to youth needs in Tompkins
County . He recommended that if the County Youth Bureau is develop -
ing a proposal on transportation , or any other program , the Town
should be consulted during the latter part of the conceptual stage
so the Bureau might have the benefit of the Town ' s view . Mr . Jennings
noted that for the moment , at least , the State guidelines do not
generally allow for funding of transportation . That would be a
matter of changing State law , so it will not be something which will
develop rapidly . Councilwoman Valentino said that since the State
does not now allow matching funds for transportation , she had recom-
mended to the County Youth Bureau that they study that and have the
Association of Towns make a recommendation to the State in support
of some kind of transportation funds . Councilman Freeman suggested
that perhaps the question should be directed to the Tompkins County
Transit Commission for study .
REPORT OF TRANSIT COMMITTEE
Councilman Freeman said that the Tompkins County Transit
Commission is studying such things as Rt . 13 , public transit , truck -
ing on South Hill access , East - Ithaca recreation , County -wide trans -
portation bottlenecks , inventory of transportation studies in Tompkins
County , financial resources , exchange of highways with New York State
DOT , Rt . 96 improvements , etc . All this material has been put to -
gether and taken to the State as part of the County public safety
report . Councilman Freeman said that Mr . Fabbroni is to be commended
for his part in putting this material together . The next meeting
of the Commission is February 21 , 1979 at 7 : 30 p . m . at the County
Planning Board Office . It was agreed that Councilman Powers would
attend this meeting .
REPORT OF CODES AND ORDINANCES COMMITTEE
Councilman Powers reported that the Codes and Ordinances
Committee a week ago had its first discussion of residential zones .
This discussion raised some problems - - percentage density in resi -
dential zones and the neighborhood concept . The Committee , he said ,
has been working from the 1976 draft ordinance as a basis for re -
visions . Lengthy discussions have been held .
Councilman Powers stated that the Committee members feel
that there could be legal problems if specific density percentages
with respect to residential zones are established at this time or
if neighborhood concepts are firmly established now . The Committee
recommends that with respect to the residential zones , the 1968
ordinance should be used as a basis , where possible , and that at
some future date the Committee urges the development of some form
of a Master Plan which incorporates something on the order of a
density or neighborhood concept .
Town Board Minutes - 7 - January 29 , 1979
JOINT CITY/TOWN SEWER COMMITTEE
Supervisor Desch reported that the last meeting of this
Committee had produced the best exchange of views and information
regarding the upgrading of the City sewer system ; and that attend -
ance by City of Ithaca representatives was better than usual . The
Supervisor distributed a draft resolution to be considered for
a adoption by the City of Ithaca , Town of Ithaca , and Town of Dryden
with regard to the joint construction and maintenance of an expanded
sewage treatment facility .
Supervisor Desch stated that the City of Ithaca Common
Council has authorized the Superintendent of Public Works to apply
for a grant to perform the Sewer System Evaluation Survey . The
City of Ithaca will not accept that grant , however , until an agree -
ment has been worked out with the various municipalities and they
agree on a method of paying for the service .
DOG CONTROL CONTRACT - RESOLU'TION N0 . 10 , 1979
Supervisor Desch stated that all Board members have received
copy of the draft of a contract with the Village of Cayuga Heights
and also the proposed contract with the County . He read a proposed
resolution in this regard .
Councilwoman Valentino said she had nothing to add ; that
the Board members have everything in hand , that for the Town of
Ithaca it will mean that people who have no way of dealing with
dog complaints except to go before the Town Justice , will now have
the services of the SPCA who will have the authority , when requested ,
to pick up an offending dog . The SPCA will be called by the person
complaining of a dog . The Agriculture and Markets Law mandates the
provision of shelters and dog wardens . The proposed County contract
is specifically with the SPCA to maintain shelter , therefore , the
Town will not have to maintain a shelter .
Motion by Councilman Powers ; seconded by Councilman McElwee ,
WHEREAS , the Town of Ithaca recognized its responsibility
to control dogs in our community through the passage in 1976 of a
Local Law , and
WHEREAS , the State legislature has recognized the diffi -
culty in enforcing local dog control laws because of the archaic
fee structure in Article 7 of the Agriculture and Markets Law , and
WHEREAS , the State legislature has modified the State law
to improve dog enumeration procedures and to provide for local re -
tention of license fees to enhance enforcement of local laws and
preserve Home Rule , and
WHEREAS , the Town Board , following a public hearing on
October 16 , 1978 , has increased the license fees in the Town of
Ithaca in anticipation of the development of a contract to improve
enforcement of Local Law No . 1 ( 1976 ) , and
WHEREAS , the Tompkins County Board of Representatives in
response to ' the urging of the Tompkins County Municipal Officers '
Association has developed an intermunicipal agreement to provide
enforcement coverage consistent with the expressed desires of the
Town of Ithaca ,
NOW , THEREFORE , BE IT RESOLVED :
That the Town Supervisor is authorized to execute an agree -
ment with the Tompkins County SPCA , the City of Ithaca , and Tompkins
County for service as Town of Ithaca Dog Warden to enforce the Town
of Ithaca Dog Control Law as provided in the attached draft agreement
at a cost to the Town of Ithaca not to exceed $ 6 , 000 , effective retro -
active to January 1 , 1979s
1 J7
Town Board Minutes - 8 - January 29 , 1979
BE IT FURTHER RESOLVED :
That the Supervisor be authorized to execute a contract
with the Village of Cayuga Heights to administer the aforesaid
contract on behalf of the Village , including the understanding
that fines collected by the Village will be paid to the Town as
a reimbursement applied to the Town ' s snare of the County contract
( i . e . $ 6 , 000 ) .
( Raffensperger , Valentino , Powers , Freeman , McElwee , Del Rosso ,
and Desch voting Aye . Nays - none )
SCHOOL CROSSING - WARREN ROAD
RESOLUTION NO . 11 - 1979
Supervisor Desch reported receiving a letter from Mr .
Michael Ouckama , Principal of the Northeast Elementary School ,
calling attention to problem with crossing guard and speed prob-
lems at this location .
The Supervisor stated that the crossing guard , for health
reasons , has not been in daily attendance at this crossing . There
has , however , been support from the Sheriff in his absence . Essen -
tially , there are two problems : ( 1 ) reliability of coverage , and
( 2 ) the problem of the speed limit . The PTA have been requested
to furnish a stand - by to serve at that location when the regular
crossing guard is unable to be on duty . Regarding the speed problem ,
the school is not on Warren Road , and , therefore , the State Depart -
ment of Transportation has been reluctant to reduce the speed limit .
After discussion , the Board acted as follows :
Motion by Councilman Del Rosso , seconded by Councilman Desch ,
WHEREAS , the school crosswalk on Warren Road at the southern
property lines of the DeWitt Junior High School and B . O . C . E . S . com-
plex carries heavy traffic from the northeast area of the Town to
these two schools and the Northeast Elementary School with all grades
below grade 10 , and
WHEREAS , the Town of Ithaca presently employs a crossing
guard to supervise children at this school crosswalk , and
WHEREAS , the crosswalk is a marked crosswalk , and
WHEREAS , there is no traffic control signal , pedestrian
overpass or underpass , or highway grade separation appropriate
for use by pedestrians crossing the highway involved within the
zone or within 450 feet of the near end of the zone , and
WHEREAS , the crosswalk is located within a school speed
zone permitting the establishment of a school speed limit , and
WHEREAS , crossing operations continue to be hazardous
at the 85 percentile speed ,
NOW , THEREFORE , BE IT RESOLVED .
That the Town Board of the Town of Ithaca , in accordance
with Section 208 . 9 of the Manual of Uniform Traffic Control Devices
of the State of New York , requests that a school speed limit of 15
miles per hour be adopted and posted for DeWitt Juniot High School
and B . O . C . E . S . on Warren Road .
( Valentino , Freeman , Powers , Del Rosso , Raffensperger , McElwee ,
and Desch voting Aye . Nays - none )
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Town Board Minutes - 9 - January 29 , 1979
In addition to the foregoing , the Board recommended that
an appropriate traffice device be installed to aid in the enforce -
ment of such lower speed limit , if approved .
REQUEST FOR REFUND OF WATER AND
SEWER BENEFIT ASSESSMENT - EDWARD L .
AND LINDA P . KABELAC - RESOLUTION NO . 12 - 1979
The Town Clerk reported that an Application for Refund of
Special Water and Sewer Benefit Assessment has been received from
Edward L . and Linda P . Kabelac , 1410 Hanshaw Road ( Parcel No . 70 - 11 - 38 ) .
The Kabelacs state that the apartment at this location has been remodel -
ed and is now part of the living quarters and is no longer rented . It
is now solely occupied by immediate family as a single dwelling and
has been so occupied since November of 1978 .
Motion by Supervisor Desch , seconded by Councilwoman Raffensperger ,
RESOLVED , that a refund in the amount of $ 52 . 00 for one unit of
water benefit assessment and $ 50 . 00 for one unit of sewer benefit
assessment , totalling $ 102 . 00 , be made to Edward L . and Linda P .
Kabelac , 1410 Hanshaw Road ( Tax Parcel 70 - 11 - 38 ) , due to the re -
modeling of the apartment formerly at this location to make it a
part of overall living quarters , the premises now being used by
immediate family as a single dwelling unit .
( Raffensperger , Valentino , Freeman , McElwee , Del Rosso , Powers , and
Desch voting Aye . Nays - none )
EXECUTIVE SESSION - RESOLUTION NO . 13 - 1979
Motion by Supervisor Desch ; seconded by Councilman Powers ,
RESOLVED , that this Board .will now retire into executive session
( Raffensperger , Valentino , Freeman , McElwee , Powers , Del Rosso ,
and Desch voting Aye . Nays - none )
In executive session the Board discussed Rumsey - Ithaca ' s
new application for a mining permit ; and zoning violations .
Following the executive session the Board duly reconvened
in open session .
ADJOURNMENT - RESOLUTION NO . 14 - 1979
Motion by Supervisor Desch , seconded by Councilman Powers ,
RESOLVED , that there being no further business to come before the
meeting , it is hereby duly adjourned .
( Powers , Freeman , Valentino , Raffensperger , McElwee , Del Rosso ,
and Desch voting Aye . Nays - None )
The meeting was duly adjourned at 8 : 30 p . m .
Edw L . Bergen
Town Clerk