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HomeMy WebLinkAboutTB-09/28/1972.23;4 SOUTHOLD TOWN BOARD MINUTES Meeting of September 28, ~972 The Southold Town Board met at the office of Supervisor Albert M. Martocchia, 16 South Street, Greenport, New York, at~ 3:00 PiM., Thursday, September 28, 1972, with the following present: Supervisor Albert M. Martocchia, Councilman James H. Rich, Jr., Councilman James F. Homan, Justice Martin Suter, Justice Louis M. Demarest, Town Attorney Robert W. Tasker, Superintendent of Highways Raymond C. Dean, and Town Clerk Albert W. Richmond. Absent: Justice E. Perry Edwards. Moved by Councilman Homan, seconded by Justice Suter, it was RESOLVED, that the minutes of September 12, 1972 be and they hereby are approved. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Councilman Homan, it was RESOLVED that the next meeting of the Southold Town Board will be held at 7:30 P.M., Tuesday, October 10, 1972 at the office of Supervisor Martocchia, 16 South Street, Greenport, New York. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by JuStice Demarest, seconded by Justice Suter, WHEREAS Lillian Pell, by application dated July 12, 1972, petitioned the Town Board for a change of zone on certain property situated at Greenport, New York, from "A" Residential and Agricultural District to "B" Light Business District, and WHEREAS the said petition was referred to the Southold Town Planning Board for official recommendation and report, and WHEREAS, the Town Board, pursuant to due notice, held a ~ublic hearing thereon on the 12th day of September 1972 at 9:00 P.M., at which time all interested persons were given an opportunity to be heard, NOW, THEREFORE, BE IT RESOLVED that Lillian Pell of Greenport,_ New York, be granted a change of zone from "A" Residential and Agricultural District to "B" Light Business District on her property situated at the northwesterly side of Old Main Road, Greenport, New York, and more particularly bounded and described as follows: Beginning at a point on the present "B" zoned district line 200 feet from Old Main Road on the northeasterly line of W. Krumholz and others, and the southwesterly line of applicant, and running t~Rnce W. 36° 13' 40" W. 291.19 feet to land of W. Krumholz and others, running thence N. 51° 03' 00" E. 284.71 feet along land of Krumholz and others, thence S. 41° 26 30" E. 291.12 feet along land of Krumholz and others to the present "B" district zone line, running thence S. 51° 03' 00" W. 311.20 feet through land of applicant to point or place of beginning. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Councilman Rich, seconded by Councilman Homan, WHEREAS a request has been made by the Fire Chief's Council for bus transportatioh to New York, it is therefore RESOLVED that their request be held for further study. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. '235 Moved by Councilman Homan, seconded by Justice Suter, PROCLAMATION WHEREAS, the 4-H program of Cooperative Extension since its beginning 52 years ago has contributed much to the health and welfare of the Nation and has encouraged many young people to choose careers which help improve family and community living; and WHEREAS~during this week 4-H members will honor all 4-H families for their accomplishments and their devotion to the ~igh ideals of 4-H; and WHEREAS, 4-H members put into practice the skills and science they learn as~ they develop their talents through 4-H projects and strive to "learn for livingS" WHEREAS, in these changing times young people, who are the citizens of .tomorrow, must discover and acquire the virtues of responsibility, thoughtfulness, morality and understanding; ~EREAS, the more than 500 volunteer adult 4-H leaders are organizing their 4-H Clubs for the 1972-73 year, many others are organizing clubs for the first time; and WHEREAS, the nearly 65,000 boys and g~rls now enrolled in 4-H programs throughout Suffolk County soon will be taking their places in society by establishing homes of their own and joining the ranks of community leaders, NOW, THEREFORE, I, Albert M. Martocchia, Town Supervisor of Southold Township, in recognition of the fire achievement of 4-H members and their families do hereby proclaim the week of October 1 - 7, 1972 as NAT I ONAL 4-H WEEK IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of this Office to be affixed. Signed at the Town Hall in Greenport this 27th day of September in the Year of Our Lord, One Thousand Nine Hundred and Seventy Two. /s/.Albert~M~. Martocchia, Town Supervisor. Vote of the Town Board: Ayes: Supervisor. Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Supervisor Albert M. Mattocchia stated that he had received notice f~om~,the Civil. Service Commission granting a one ~ear extension,.~to September 30., 1973, for,Alfred Grebes, a .member ~of the Planning~ Board of the Town of Southold. Moved by Justice~Suter, seconded~by Justice Demarest, WHEREAS the Eastern Suffolk Community Concert Association has provided the citizens of Southold and ~eighboring towns with the finest, musical entertainment available for many years, and where- for~e: the week of October 9th, 1972 has been designated as campaign week for that association, and wherein it has been so decreed by the Town Board of the Town of Southold, I, Albert Martocchia, Supervisor of said Town, do hereby proclaim the week of October 9th, ~972 as Eastern Suffolk Community Concert Week in the Town of Southold, and encourage all citizens of our town to join in membership in this fine organizatiDn and enjoy,in its fullness and wonderful-..music it brings to us this season. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich,.Councilman Homan, Justice Suter, Just~ce~Demarest. Moved by Justice Suter~ seconded by Justice Demarest, it was RESOLVED that the Southold Town Board release the bond of $26,500 as recommended by the Southold Town Planning Board and Superinteddent of Highways Dean, for the completion of roads in the subdivision to be know~ as Jackson'~ Landing, owned by John Hurley and others, located in Mattituck, New York. Vote of the Town Board.: Ayes? Supervisor Martocchia, .Councilman Rich, Councilm~n Homart, Justiee Suter., Justice Demarest. 236 Moved by Councilman Homan, seconded by Councilman Rich, WHEREAS Sam Brown applied to the Town Board for a s~ngle trailer renewal permit dated September 28, 1972, NOW, THEREFORE, BE IT RESOLVED that the application of Sam Brown to locate a single trailer on his-property off Middle Road, Cutchogue, New York, be and hereby is granted for a period of six ~6) months. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Councilman Rich, WHEREAS Sophie Saunders applied to the Town Board for a single trailer renewal permit dated October 5, 1972, NOW, THEREFORE, BE IT RESOLVED that the application of Sophie Saunders to locate a single trailer on her property at Main Road, Laurel, New York, be and hereby is granted for a period of Mix' (6) months. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Justice Suter, seconded by Justice Demarest, it ~zs~ ~ERFJ~EQ that Florence Steiner applied to the Town Board for a single trailer renewal permit dated September 28, 1972, NOW, THEREFORE, BE IT RESOLVED that the application of Florenc!e Stei~er to locate a single trailer on her property at John's Road, east side Main Road, Mattituck, New York, be and hereby is gra~nted for a period of six (6) months. Vote of the Town Board: Ayes: Supervisor Martocchia, C~unc}lman Rich, Councilman Homan, Justice Suter, Justice Demarest. Moved by Councilman Rich, seconded by Justice Suter, WHEREAS Richard Principi applied to the Town Board for a single trailer permit dated September 20, 1972, NOW, THEREFORE, BE IT RESOLVED that the application of Richard Principi to locate a single trailer on Sound Avenue, Peconic, New York, be and hereby is held for study. Vote of the Town Board: Ayes: Supervisor Martocchia,-Councilman Rich, Councilman Homart, Justice Suter, Justice Demarest. Moved by Councilman Homan, seconded by Justice Demarest, WHEREAS, the Burton Potter Post ~185, American Legion, Greenport, New York, applied to the Town Clerk for a Bingo License Amendment, and WHEREAS, the Town Board has examined the application, and after investigation, duly made findings and determinations as required by law, NOW, THEREFORE, BE IT RESOLVED, that the Supervisor be and he hereby is authorized and directed to execute on behalf of the Town Board, the findings and determinations required by law, and it is further RESOLVED, that the Town Clerk be and he hereby zs directed to issue an amended Bingo License to the Burton Potter Post ~185, American Legion, Greenport, New York. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Councilman Rich,offered the following resolution and moved its adoption: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED September 28, 1972, AUTHORIZING THE ACQUISITION OF LAND SITUATE ON THE TOWN HARBOR ADJACENT TO THE EXISTING FOUNDERS AANDING PARK, IN SAID TOWN, AS AN ADDITION TO SAID EXISTING PARK, APPROPRIATING $38,000.00 THEREFOR, AUTHORIZING THE ISSUANCE OF $38,000.00 SERIAL BONDS OF THE TOWN TO FINANCE SAID APPROPRIATION, AND PROVIDING THAT SUCH RESOLUTION SHALL BE SUBJECT TO A MANDATORY REFERENDUM. Recita:l W~EREAS, '%he-Southold Park Distr~ct in the Town of Southold, Suffolk County, New York, duly C~reated"as~a ~own improvement district with its own commissioners pursuant to the provisions of Chapter 234 of the Laws of 1907, ~and'acts amendatory thereto, proposes to acquire by purChase a parcel Of lahd~situate~on the Town Harbor, adjacent to the existing Founders Landing Park in the Town of Southold, as an addition to said existing parkf now, therefore, be ~t RESOLVED BY THE TOWI~ BOARD OF THE TOWN OF SOUTHOLD, IN THE CONNTY OF SUFFOLK, NEW YORK (by ~he favorable vote of not less than two-thirds of all the members of'said Board)' AS FOLLOWS~ S~dtion' 1~ The S0uthoid Park Distkict ahd the Town of~Southold (herein called "District" and "Town'', respectively) are hereby authorized to acqUire~by p~chase the certain'piece or parcel of land situate on the ToWn Harbor adjacent to the existing Founders Landing Park in the Town, known as the Overton ~r0perty, as an addition to said existing Park. The estimated'maximdm cost of Said'specific obj&ct or purpose, inCludihg preliminary costs and costs incidental thereto and the financing thereof, is $38,000.00, and Said"am0unt is hereby appropriabed therefor. The pian'of financing includes the issuance of serial bonds of the Town in the principal amount of $38,000~00 and the assessment, levy and collec~'iofi~'Of aSsessmentS ~n the several lots and parcels of land within the Southold Park District, in'the same manner and at the same time as other District chargez$ to pay the principal of the interest on said bonds as the same shall become due and payable. Section 2. Serial bonds of the Town are hereby authorized to be issued in the principal amount of $38,000.00 pursuant to the provisions of the Local Finance Law, constituting Chapter 33-a of the Consolidated~LaWs-of the State of'-New~York~(herein ~alted "Law"), to finance said appropriation. ' - Section 3. The following~additional matters are hereby determined and stated: ~ (a) The period 6f probable usefulness of-the-specific object or purpose for which the-~bonds authorized by this resolution are to be issued, within the limitations of Section ll.00a. 21 of the Law, is thirty '(30) years. ' ......... (b) Current funds are not requiredby the~law~to-be provided as a down-payment p~ipr to the'-isSUance Of the~bonds authorized by this resolution or of any bond anticipati6n notes issued in anticipation of~the sale of-'said bonds, pursuant to Section 107.00 d. ~(i) of the Law~ - -- ~ (c) The proposed-matUrity of the'bonds~authorized"by~this resolution may exceed five (5) years. -~ ~- Section-41~ Each~of 'the'~bonds authorized by this resolution and any notes issued~ih-anticipation thereof shall'~contain the recital of~valid±ty prescribed by $52~00 of the La~, and said~b6nds an and any notes issued in anticiPation~of said bonds shall he-general obligations of the Town, payable as to both principal and 'interest by general tax upon~all~he taxable real property-within the Town without limitation of rate or amount. The faith~and~'credit'of ~the Town are hereby irrevocably pledged-tO th~'puncEual p~yment of the principal of and interest on said bonds and~provisions shall be made annually in the budgets of the Town by appropriation for (a) the amort{zation ~nd redemption of the bonds to mature zn such year and (b)' 'the ~ayment of interest to be due and payable in such year. ~ Section 5. Subjedt to the provisions of this resolution and of the-Law, and pursuant to-'the~pr6visions o~ $30.DO-relative~to the authorization of the issuance of bond anticipation'notes and the renewals thereof, and 0f~58..00-and $~56~00 to~6O.00-of~the-~Laws, the Power'S and duties~of the Town-Board-relative to-prescribing the terms[ form and-conten~s and as~to the--sale and-issuance~of Said ~nds'~a~d a~y notes-issued in-anticipation of-said-bonds~ or the renewals thereof, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of t~e bonds authorized by this resolution and of any bond anticipation notes issued in a.nticipation of said~bonds, may be contested only if: (a) such obligations are authorized for an ~object or purpose for which the Town is not authorized~to expend money~ or (b) the provisions of law which should be complied with at the date of the publica- . . tion of ~such resolution are not substan-.~ ti ~tially complied with, and an action, suit or proceeding contesting such validity, commenced within twenty days after the date 6f such publication, or (c} such.obligations are authorized in viola- tion of the provisions of the constitution. .Section 7. This Resolution shall be submitted as a Proposition to the qualified voters of the Southold Park~District at a Special Election, to be held October 27, 1972, and this Resolution shall, take effect upon approval by said qualified voters at referendum-.9ote. The adoption of the foreg6ing resolution was seconded by Councilman Homan and duly put to a vote on roll call, which resulted as follows: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Noes: none. The resolution was declared unanimously-adopted. Councilman Rich offered the following resolution and moved its adoption: RESOLUTION OF THE TOWN OF SO~HOLD, NEW YORK, ADOPTED September 28, 1972, PROVIDING FOR SUBMISSION. OF~A PROPOSITION AT A SPECIAL ELECTION TO BE HELD ON October 27, 1972, TO APPROVE THE RESOLUTION HERETOFORE ADOPTED BY THE TOWN BOARD OF SAID TOWN ON.September 28, 1972, SUBJECT TO MANDATORY REFERENDUM. Recitals WHEREAS, on September 28, 1972,._the Town Board of~ the Town of Southold, in the County of Suffolk, New York, adopted a resolution entitled: "Bond ResOlution of the Town of Southold, New York adopted September 28, 1972, authorizing the acquisi- tion of land situate on the Town Harbor adjacent to the existing Founders Landing Park~ in said Town, as an a~i~ion ~to said existing park, appropriating $38,000.00 therefor, authorizing the issuance of $38,000.00 serial-bonds of the Town to finance said appropriation, and providing that such _ resolution shall be subject to a mandatory referendum.? which resolution is subject to mandatory referendum in the ma~er prescribed by Articles 6 and 12-A of the Town Law, constituting .Chapter 61 of the Consolidated Laws~of the State of New York; now therefore, be it RESOLVED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, AS FOLLOWS: Section 1. A Special Election shall be held on October 27, 1972 at 6:00 o'~clock P.M. (D.S.T.) and the polls shall remain open until 10:00 o'clock P.M. (D.S.T.)~ or as much longer as may be necessary to enable the voters then present to cast.their votes. Voting will be at 1st Floor of Southold Fire House, Southold, New York, in said Town. Section 2. The Town Clerk shall cause the Notice of such Special Election to be published at least once in "L. I. Traveler- Mattituck~Watch~an'! whereby designated the official newspaper of the Town for such publication and in the Suffolk Times, and to be posted on the sign board of the Town maintained pursuant to subdivisionS6 of Section 30 of the Town Law, a~d in at least five (5) conspicuous publi~ places in the Southold Park District, said publication and 239 posting to be at least twenty (20) days before s~ch_Special Elebtion. Section_3~ The Town Clerk is hereby authorized and directed to include in t~e Notice of the Special Election, Notice that the Town Board will. submit at said Special Elect~on a Proposition for the approval or d~sapproval of the resolution hereinafter referred to in such Notice. SectioD 4. Said Notice shall be in substantially the following for~: TOWN OF SOUTHOLD, NEW YORK NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN_ that a Specia! Election will b9 held on October 27, 1972, in th~ Town of Southold, in the County of Suffolk, New York, at 1st Floor.- S0uthold Fire H0use~ Southold,.New York, in said Town and will be limited to electors of the Town.residing in Southold Park District, in the Tow~ of Southold, and/or the owners of taxable real property situate ~thin said Distr~t, as shown upon the latest completed assessment roll of said Town, ~cl~ding Co~poaations, wSi~h for such purpose shall be entitled to one vote to be ~as~ by an officer or agent of such corporation or such other duly authorized person designated by an appropriate reso!nt~on of such corporation. T~he polls shall remain open from 6:00 o'clock P.M. (D.S.T.) and 10:00 o'clock P.M. (D.S.T.) or for such longer period of time as may be necessary to e~able the ~oters then prssent to cast their ballots. At said Special Election the following Proposition is to be voted upon: ~ROPOSITION SHALL the resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted September 28, 1972, authorizing the acquisition of land situate on .- the_Town Harbor~adjacen~ to the~e~isting Founders .... Landing Park, in,said. Town, as;an~addition to said~ existing park, appropriating $38,~00.00 therefor,.- authorizing the issuance of $38,000.00 serial bonds Qf_ the Town to finance said-app~opriation,._and -- providing that such resolution shall be subject to a~mandato~y referendum." ~ ~. .... .~ An abstract of said Resolution, concisely stating the purpose and effect thereof, being as follows: ~ ~. : ~ = FIRST: RECITING that- the heretofore d~y. created Southold Park District proposes to acquire by~purchase, a parcel.~f.-!and situate on the Tow~ Harbor adjacent, to the existi~ Founders Landing Park in the Town of Sou%hoTd,.known as the~Overton P~operty, as an~addition to said existing park.; - SECO~: AUTHORIZING the Southo~d Park District -(~'District") and the Town~of~outhold ("Town") to acquire said prpperty as here- inabove described;--.STATING that the estimated.maximum cost thereof is $38~000.00; APPROPRIATING said amount therefor; and- STATING~that the plan of financing includes the ~ssuance of serial bonds of the Town in. the principal amount of $38 000-.00 and. ~h~.assessm~nt, levy and collection-of-assessments on the. several lots and parcels of land within, the Southold Park District, ~n the same manner and at the same time-.as other-Distric~ charges,, to pay ~he-pr~nc~Pai of and interest o~ said_bonds as the same .becomes due and payable; THIRD: AUTHORIZING the ~ssuance of $38,000.00 serial bonds of the Town to finance said appropriation; FOURTH:, ~DETERMtNING that the period of.probable usefulness of said specific object or.purpgse ~s thirty (30) years;~that current funds are not required to be provided prior to the ~ssuance of said bonds or of any notes-issued in anticipation of the sale of said bonds; and that said bonds may have a maturity~.~n excess of five (5) years; FIFTH: DETERMINING that said bonds and any notes issued'in anticipation of said~bonds:shall be general obl~gatiop s of the Town and Pl,~DGING~.to~their payment and~ f~it~ and_credit of.the Town; SIXTH: DELEGATING to the Town Supervisor the powers and duties as to%iss~ance~pf said bonds and of any notes issued, in anticipation of said bonds, o~ the renewals thereof.; SEVENTH: DETERMIN/_NG that the resolution be submitted as a Proposition to the qualified voters_of, the District at a Specia~ ,Etectio~'~t0 be held Oct0beY '27, 19~2, and the ~resOlution sh~ll take effect upon appr0val by safd' q~alfiedVoters at refer~du~-Vote. Dated': September '28, 1.972 /s/aA~bert W. Ri~hmohd, Town~Clerk. Section 5. At the said Spe'cial'Election, the vote"up~n the-. said Proposition 'shall'be by separate b~llot and the only~persons qualified to vote upon the said Proposition shall be th'e electors of'the Town residing in the District and/or the owners'Of taxable real property situate in the District, as shown upon the lateSt preceding assessment roil thereof~ including corporations, which for such purpoSe S~h~ll be'ent~tTed-to one vote to be cast by an officer or agent of' ~uch~corporation or-such ~her ~ul~.au~horized persons designated by an appropriate resolution of such' ~o~poration. Section 6. Forthwith after the referendum is held pursuant to Section~20'9-e Of the Town'Law, the Town Clerk sha~l prepare and file ~ certificate stating a' referendum was held pursuant to the provisions of said Section and certifying the results of the vo~in'g on'the Proposition submitted at such'referendum in the office of' the County Clerk~ of Suff01k"County and in the'-offi~e'of the' Department ~f-.Audit and Control, in Albany. Section 7 This resolution'shall take effect immediately~ The adeption of the foregoing resolution~was seconded'by Justice Demarest and duly put to a'vote on r~ll~'~all, which resulted as~ follows: Ayes: Supe r%iSor Martocchia, C0uncilm'ah Rich,'Councilman Homan, Justice Suter~ Justice Demarest'. Noes: No~. The resolution was declared unanimously adopted. Moved by Councilman Ric~, seconded'by Justice Demarest, WHEREAS, this Town Board deems it i~ the"~ubl~ic interest and in the promotion of health, safety, moral'~r g-enera'l welfare-to the Town of Southold tha~ certain prem~se's i~ Southold'~ Town~'f Southold, County of Suffolk, New York, he reaf~ter more fully~described be re~z0ned from "A" Residential- and~Agric~ltural District to-"B-l" General'~Business District, NOW, THEREFORE, BE IT~RESOLVED that the B~ilding Zone Ordinance of the Town of Sou'thold,' inCluding th'e ~Bu~ilding Zone Maps~be a'mended by the Town Board on its own motion by changing from "A"-Re~idential and Agricultural DistriCt to "B-i" General Business District, an~ following described property: Beginnfng' at a'point'on th'e westerly line of ~echan'i~ Street where'said line is inte'rsected by thee' line between Zone A and~Zone B-l; from said point of beginning' rUnning s~uthe~-ly ~long said' westerly line of Mechanic Street, 620 feet, more or less, to land of Rimmler; thence westerly along said land'of Rimmler 463 feet, more ~or less, to Wells Avenue; thence along said WellS Avenue, two courses: (1) Westerly' 1'50 feet, mor~ or less~; thence~ (~)Northerly 4'71 'feet, more or lessl to Said lin~ betweeh Zone A and' Zone B-i' thence eaSterly'along said line, 580 f~et~ more ~r less, toTM the~-~point Of beginning. Containing 7~acre~s, more 'or'less. BE IT FURTHER RESOLVED, that pursuant to Arlicle XVt, Section t600 of the ~Bu~lding Zone OrdnanCe' of the Town of Southold, 'the Town Clerk be and he hereby is authorized and'dir~cted'~to transmit a copy o'f this resolution and map of the property described to the Planning Board of the Town of South~ld with'a Written request instructing said Planning Board to prepare an official ,report conce~ing the same together with their r~comme~dation. Vote of the Tow~ Board; Ayes: Supervisor Ma~tocchia~-~'~ouncilman Rich, Councilman Homan, Justice Suter, Justice Demarest. Thee Town Clerk prese~nted the Tow~ Board'with 'the Tentative Budget for 1973 as required by' law. Moved by Justice Suter, seconded by Justice Demarest, it was' RESOLVED thatthe Town ~Board accept th~ Tehtative Budge%' for ~1973 as presehted by the Town 'Clerk.- ' Vote of the Town Board: Ayes: Supervisor Martocchia,'COuncilmah Rich, Councilman Hogan, Justice Suter, Justice Demarest. Meeting adjourned at 4:05 PiM. Albert W. Richmond, Town Clerk