TOWN OF ORANGETOWN
REGULAR TOWN BOARD MEETING
MAY 29, 2001
The Regular Town Board Meeting was opened at 8:25 P.M. Supervisor Kleiner presided. The Town Clerk called the roll. Present were:
Councilman Robert Bergman
Councilman Edward Fisher
Councilman Dennis O’Donnell
Councilman Denis Troy
Also present:
Charlotte Madigan, Town Clerk
Eliot Tozer, Deputy Supervisor
James K. Riley, Town Attorney
Thomas O’Connell, Deputy Town Attorney
Brian Shortt, Confidential Assistant to Supervisor
Charles Richardson, Director of Finance
Robert Beckerle, Dir., Dept of Environmental Mgt. & Eng.
Kevin Nulty, Chief of Police
Terrence Sullivan, Police Captain
Robert Simon, Receiver of Taxes
Mary McCloskey, Assessor’s Office
John Giardiello, Director, OBZPAE
* * *
The Pledge of Allegiance to the Flag was led by the Orangetown Police Color Guard.
Supervisor Kleiner spoke on the importance of Memorial Day, and the impressive numbers that turned out for the ceremonies honoring our soldiers.
Chief Nulty introduced Christopher Strattner and Matthew Goldfarb as the two new police officers in Orangetown, and summarized their background. He congratulated them and their families and wished them well.
Town Clerk Charlotte Madigan administered the oath of office to both officers.
Supervisor Kleiner and the Town Board congratulated both officers and wished them luck.
* * *
The public portion for agenda items 1, 2 and 3 was opened and the following spoke:
Kevin Nulty, Chief of Police, thanked the Board for the resolution on Kathy Boudin, and asked all present to write a personal letter in opposition to the parole, prior to July 12th, to the Victims Impact Parole Board and to the Governor.
* * *
RESOLUTION NO. 334 APPOINT POLICE/OFFICER RUSSO/SERGEANT
Councilman Fisher offered the following resolution, which was seconded by Councilman O’Donnell and on roll call was adopted:
RESOLVED, that Police Officer Sean Russo is hereby appointed to the
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RESOLUTION NO. 334 (continued)
position of Sergeant from Civil Service Eligible list #9706C at a salary of $92,738.00, effective May 30, 2001 (Chief of Police).
Ayes: Councilmen Fisher, O’Donnell, Troy
Noes: Councilman Bergman, Supervisor Kleiner
Supervisor Kleiner and Councilman Bergman commended and congratulated both officers and noted that their votes are not a reflection of the quality or character of the officers. They believe that staffing and the staff structure of the Department should stay as it is and that additional sergeants are not cost effective or operationally required at this time.
* * *
RESOLUTION NO. 335 APPOINT POLICE/OFFICER MORONEY/SERGEANT
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and on roll was adopted:
RESOLVED, that Police Officer Michael Moroney is hereby appointed to the position of Sergeant from Civil Service Eligible list #9706C at a salary of $91,188.00, effective May 30, 2001 (Chief of Police).
Ayes: Councilmen O’Donnell, Troy, Fisher
Noes: Councilman Bergman, Supervisor Kleiner
* * *
RESOLUTION NO. 336 ADOPT MEMORIALIZING RESOLUTION/OPPOSITION PAROLE/KATHY BOUDIN
Councilman Bergman offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
WHEREAS, The Town Board is aware of the approach of the 20th anniversary of the armed robbery of the Brink’s truck at the Nanuet Mall on October 20, 1981, in which Brink’s guard Peter Paige was killed, and
WHEREAS, Nyack Police Sgt. Edward O’Grady and Police Officer Waverley “Chipper” Brown were murdered, and Police Detective Arthur Keenan was wounded as they valiantly sought to capture the perpetrators of that crime, and
WHEREAS, it has come to the Town Board’s attention that Kathy Boudin, one of the persons convicted in connection with this heinous crime, may soon be considered for parole, and
WHEREAS, the Town Board wants Governor Pataki, the Parole Board, and all others considering the parole of Kathy Boudin to remember that the “Brink’s Robbery” forever changed Rockland County and left its residents with the feeling of insecurity and anger from which we will never fully recover, Now, Therefore, Be It
RESOLVED, that the Town Board of the Town of Orangetown hereby implores Governor Pataki, the New York State Senate, and the New York State Assembly to oppose the early release of Kathy Boudin, and, Be It
RESOLVED FURTHER, that the Town Clerk is requested to forward
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RESOLUTION NO. 336 (continued)
copies of this resolution to Governor George Pataki, State Senator Thomas Morahan, Assemblyman Alexander Gromack, Assemblyman Sam Colman at their offices and to “Concerns of Brink’s Survivors”, P. O. Box 129, Nyack, New York, 10960.
Ayes: Councilmen Bergman, Troy, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
* * *
Chief Nulty congratulated the sergeants, wished them luck, and noted the challenges ahead.
Town Clerk Charlotte Madigan administered the oaths of office to both Sergeant Moroney and Sergeant Russo.
Supervisor Kleiner and the Town Board congratulated both sergeants and wished them luck.
The Color Guard was dismissed and the Board recessed for ten minutes.
* * *
The public portion resumed and the following spoke:
Madeline Herbert, Pearl River, representing six other families on Holt Drive (McBride, Roberts, Sprigle, Meade, McMahon and Orsino), spoke in opposition to banning of parking on both sides of Holt Drive, and indicated that it would be a hardship to the entire block.
Councilman O’Donnell said that the recommendation of the Traffic Advisory Board was to have no standing Monday through Friday when school was in session.
Mr. Orsino, Pearl River, re safety, forty children on the block walking to Evans Park and no sidewalks.
Paul Melone, Tappan, asked if the Town contacted the director of the County Drainage Agency regarding the filling in of the pond in the Hauser Development.
Robert Beckerle, Dir. Dept. of Environmental Mgt. & Eng., in answer to Supervisor Kleiner noted that its not being filled in, no change in elevation, only replacing irregularities.
Mr. Melone read a letter from Dan Tone to the Town Board in opposition to the proposed local law amending section 3.11 of the code of the Town of Orangetown, not in conformity to the code, will cause sewer and odor problems, and not suitable to Corporate Park.
Gail Raffaele, Tappan, spoke in favor of research facility, questioned bid for parking lot at Cortwood Senior Housing, aid of portable toilets to organizations who have their own facilities, and suggested parking on one side of Tappan Road and Brandt Avenue.
Eileen Larkin, Palisades, welcomed Town Attorney James Riley back, spoke on the need for United Water connections to homes in Palisades that use well water and lack of fire hydrants, zone change for Elwin Street, and suggested weight limit for commercial vehicles on adoption of police regulations for Lexington Avenue and Concord Drive in Tappan.
Mrs. McCarthy, Tappan, re no work on stone wall and sloppy fill-in job.
RESOLUTION NO. 337 OPEN/PH PROPOSED LL EXTEND MORATORIUM/ZONE CHANGES NYS ROUTE 303
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Bergman and was unanimously adopted:
RESOLVED, that the public hearing to consider adoption of a proposed Local Law amending Local Law No. 5, 2000 entitled “A Local Law to impose a Temporary Moratorium on the approval of zone changes, special and conditional use permits, site plan and subdivision approvals, use and area variances for properties abutting, adjoining, bordering or fronting upon New York State Route 303 in the Town of Orangetown” extending the temporary moratorium from May 31, 2001 to October 31, 2001 is hereby opened (Town Attorney).
Ayes: Councilmen O’Donnell, Bergman, Fisher, Troy
Supervisor Kleiner
Noes: None
The Town Clerk presented proof of publication and posting, copies are labeled Exhibit
5-F-01 and made a part of these minutes.
The public portion was opened and the following spoke:
Dawn Finn, Blauvelt, spoke in favor of continuing the moratorium on Route 303.
Gail Raffaele, Tappan, moratorium should be town wide.
Donald Brenner, Esq., Tappan, opposed to extension of moratorium, analyze number of traffic accidents on Route 303. He spoke on behalf of his client who purchased a Historic House off Kings Highway on Route 303, and said that the moratorium should not interfere with the planned modifications.
Peter Solari, Blauvelt, member and co-chair of Citizens Advisory Committee on Route 303 Study, in favor of continuing moratorium.
Fran Oldenburger, Blauvelt, in favor of Town wide moratorium, and in extending the present Route 303 Moratorium.
Larry Vale, Tappan, supports extension of moratorium.
Donald Brenner, Esq., Tappan, cost of waiver, suggested extension to November 30, 2001.
* * *
RESOLUTION NO. 338 CLOSE/PH PROPOSED LL EXTEND MORATORIUM/ZONE CHANGES NYS ROUTE 303
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Bergman and was unanimously adopted:
RESOLVED, that this public hearing is hereby closed.
Ayes: Councilmen O’Donnell, Bergman, Fisher, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 339 DESIGNATION OF LEAD AGENCY
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Bergman and was unanimously adopted:
RESOLVED, that the Town Board hereby declares itself Lead Agency in this matter.
Ayes: Councilmen O’Donnell, Bergman, Fisher, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 340 SEQRA DECLARATION
Councilman Bergman offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that a negative SEQRA Declaration that the extension would not have a major environmental impact requiring a full environmental impact statement copy of September 21, 2000 memo from John Giardiello, Director OBZPAE, filed on the original moratorium is labeled Exhibit 5-G-01 and made a part of these minutes.
Ayes: Councilmen Bergman, Troy, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 341 T/B DECISION LL/EXTEND MORATORIUM NYS RTE 303 ADOPTED
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and on roll call was adopted:
RESOLVED, that a local law amending Local Law No. 5, 2000 entitled “A Local Law to impose a Temporary Moratorium on the approval of zone changes, special and conditional use permits, site plan and subdivision approvals, use and area variances for properties abutting, adjoining, bordering or fronting upon New York State Route 303 in the Town of Orangetown” extending the temporary moratorium from May 31, 2001 to October 31, 2001 is hereby adopted.
Ayes: Councilmen O’Donnell, Troy, Fisher
Supervisor Kleiner
Noes: Councilman Bergman
* * *
RESOLUTION NO. 342 RECEIVE/FILE EASEMENT AMERICAN CYANAMID
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Bergman and was unanimously adopted:
RESOLVED, that the Temporary Conservation Easement dated February 26, 2001 and recorded in the County Clerk’s office on April 26, 2001, between American
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RESOLUTION NO. 342 (continued)
Cyanamid Company and the Town of Orangetown, is hereby received and filed.
Ayes: Councilmen O’Donnell, Bergman, Fisher, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 343 AUTHORIZE/ENVIRONMENT ASSESSMENTS/ROCKLAND PSYCHIATRIC CENTER
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was adopted:
RESOLVED, that the Supervisor is hereby authorized to execute a letter of indemnification to the State of New York to permit representatives of the Town of Orangetown and/or its agents or subcontractors to conduct environmental assessments on the buildings and land of the Rockland Psychiatric Center property as follows:
The Town of Orangetown, a municipal corporation, organized under the Town Law of the State of New York, which Town has a place of business at
26 Orangeburg Road, Orangeburg, New York 10962, hereby agrees to indemnify and hold harmless the State of New York and any and all agencies of the State of New York, including the Empire State Development Corporation from any and all claims, damages, payments which may result from property damage, personal injury or death to any individual or any entity which may proceed at the direction of the Town of Orangetown onto lands and/or into buildings which form part of the Rockland Psychiatric Center for purposes of engineering evaluation, testing, inspection, surveying or other similar or related purposes, with the further understanding that this indemnification covers the cost of defense of any such claims including court costs and counsel fees.
Ayes: Councilmen O’Donnell, Bergman, Troy
Supervisor Kleiner
Noes: Councilman Fisher
* * *
RESOLUTION NO. 344 ADVERTISE/RFP’S RESIDENTIAL RECYCLABLES
Councilman Troy offered the following resolution, which was seconded by Councilman Bergman and was unanimously adopted:
RESOLVED, that the Town Clerk is hereby authorized to advertise for Requests for Proposals for the collection, transportation and disposal of residential recyclables, and, Be It
RESOLVED FURTHER, that bids are to be received by 10:30 A.M., July 6, 2001, and be publicly opened and read aloud at 11:00 A.M., and, Be It
RESOLVED FURTHER, that a report of all bids received and recommendation concerning the award is to be made at a regular Town Board Meeting.
Ayes: Councilmen Troy, Bergman, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 345 REFER/SET DATE P/H ADOPT LL AMEND LL 4/69 CH. 43
Councilman Troy offered the following resolution, which was seconded by Councilman Fisher and was unanimously adopted:
RESOLVED, that a proposed local law amending Local Law No. 4, 1969 (Ch. 43, of the Code of the Town of Orangetown entitled “Zoning”) Section 3.11, Table of General Use Regulations, LO Zoning District, Column 5 General Accessory Uses, Number 4, is hereby referred to the Rockland County Planning Board and the Orangetown Planning Board, and, Be It
RESOLVED FURTHER, that June 11, 2001, 8:00 P.M., is hereby set for a public hearing to consider the adoption of a proposed local law amending Local Law No. 4, 1969 (Ch. 43, of the Code of the Town of Orangetown entitled “Zoning”) Section 3.11, Table of General Use Regulations, LO Zoning District, Column 5 General Accessory Uses, Number 4, (Town Attorney).
Ayes: Councilmen Troy, Fisher, Bergman, O’Donnell
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 346 RECEIVE/REFER/SET DATE P/H ZONE CHANGE/ELWIN ST
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Fisher and was unanimously adopted:
RESOLVED, that the request for a zone change of a portion of Elwin Street, Pearl River, Tax Map No. 68.19-4-27, from CO to RG and the petitions to the Town Board are hereby referred to Rockland County Planning Board, Orangetown Planning Board, Saccardi & Schiff (Comprehensive Plan consultants), and appropriate Town departments. (Town Attorney).
Ayes: Councilmen O’Donnell, Fisher, Bergman, Troy
Supervisor Kleiner
Noes: None
* * *
RESOLUTION NO. 347 APPROVE AID/PEARL RIVER HOOK & LADDER CO/GAA/ BLAUVELT FIRE CO.
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that aid is provided as follows:
- Pearl River Hook and Ladder Company No. 1 – two Port-O-Sans for the June 16th Hook & Ladder wetdown.
- Gaelic Athletic Association – three Port-O-Sans for June 2nd for their field dedication.
- Blauvelt Fire Company – orange safety fence, barricades and trash cans for the June 1st wetdown.
Ayes: Councilmen O’Donnell, Bergman, Fisher, Troy
Supervisor Kleiner
Noes: None
RESOLUTION NO. 348 COMBINE AGENDA ITEMS
Councilman Bergman offered the following resolution, which was seconded by Supervisor Kleiner and was unanimously adopted:
Resolved, that agenda items twelve (12) through sixteen (16) and eighteen (18) through twenty one (21) are hereby combined as one.
Ayes: Councilmen Bergman, Supervisor Kleiner,
Councilmen Fisher, O’Donnell, Troy
Noes: None
* * *
RESOLUTION NO. 349 AMEND RES 280-01/PEARL RIVER REVITALIZATION
Councilman Bergman offered the following resolution, which was seconded by Supervisor Kleiner and was unanimously adopted:
RESOLVED, that resolution 280 of April 23, 2001 is hereby amended to establish a capital project account for the Pearl River Revitalization area with funding to come from legislative grants and expenses to be charged to H8989642 (Finance Director).
Ayes: Councilmen Bergman, Supervisor Kleiner,
Councilmen Fisher, O’Donnell, Troy
Noes: None
* * *
RESOLUTION NO. 350 APPOINT/IRRIGATION SYSTEMS MECHANIC/PARKS
& REC
Councilman Bergman offered the following resolution, which was seconded by Supervisor Kleiner and was unanimously adopted:
RESOLVED, that Robert C. Handwerg is hereby appointed to the position of Irrigation Systems Mechanic in the Department of Recreation and Parks, permanent, from Eligible List #01017, Grade 14A, annual salary $42,715 (no change), effective immediately (Superintendent of Parks, Recreation).
Ayes: Councilmen Bergman, Supervisor Kleiner,
Councilmen Fisher, O’Donnell, Troy
Noes: None
* * *
RESOLUTION NO. 351 AWARD/FOUR WHEEL DRIVE TRUCK/HWY
Councilman Bergman offered the following resolution, which was seconded by Supervisor Kleiner and was unanimously adopted:
Whereas, the Town Clerk duly advertised for sealed bids for One New Heavy Duty Plow Truck with Accessories, which were received and publicly opened on February 22, 2001, and
Whereas, these bids were referred to the Superintendent of Highways for
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RESOLUTION NO. 351 (continued)
recommendation and report, a copy is labeled Exhibit 5-H-2001 and made a part of these minutes, Now, Therefore, Be It
RESOLVED, that the contract for One New Heavy Duty Four Wheel Drive Truck with Accessories, in the total amount of $149,990.00 is hereby awarded to Deluxe International, Hackensack, NJ, the lowest qualified bidder, to be charged to Highway Department #D5130-50200.
Ayes: Councilmen Bergman, Supervisor Kleiner,
Councilmen Fisher, O’Donnell, Troy
Noes: None
* * *
RESOLUTION NO. 352 GRANT PERMISSION HIGHWAY SUPT.
Councilman Bergman offered the following resolution, which was seconded by Supervisor Kleiner and was unanimously adopted:
RESOLVED, that permission is hereby granted to James Dean, Superintendent of Highways, to attend the 2001 Highway School at the Cornell University Local Roads Program in Ithaca, New York on June 4-6, 2001, at a total cost of $467.00, to be charged to account A5010/0441 and A5010/0480.
Ayes: Councilmen Bergman, Supervisor Kleiner,
Councilmen Fisher, O’Donnell, Troy
Noes: None
* * *
RESOLUTION NO. 353 GRANT PERMISSION/HWY
Councilman Bergman offered the following resolution, which was seconded by Supervisor Kleiner and was unanimously adopted:
RESOLVED, that permission is hereby granted to Charles Goyette and Robert Yezarsky, Highway Department, to attend the 2001 Highway School at the Cornell University Local Roads Program in Ithaca, New York, June 4-6, 2001, at a total cost of $637.00, to be charged to account A5140/0441 and A5140/0480.
Ayes: Councilmen Bergman, Supervisor Kleiner,
Councilmen Fisher, O’Donnell, Troy
Noes: None
* * *
RESOLUTION NO. 354 TABLED/POLICE REG LEXINGTON AVE/CONCORD DRIVE/TAPPAN
Councilman Fisher offered the following resolution, which was seconded by Councilman Bergman and was unanimously adopted:
RESOLVED, that Police Regulations for a six month trial period, installation of “No Commercial Vehicles Allowed” signs for both North and South directions on Lexington Avenue and Concord Drive in Tappan is hereby tabled.
Ayes: Councilmen Fisher, Bergman, O’Donnell, Troy
Supervisor Kleiner
Noes: None
RESOLUTION NO. 355 ADOPTED/POLICE REGS NORTH MIDDLETOWN RD PEARL RIVER
Councilman Bergman offered the following resolution, which was seconded by Supervisor Kleiner and was unanimously adopted:
RESOLVED, that Police Regulations for a six month trial period, installation of “No Standing” signs on the east side of North Middletown Road from the Clarkstown town line to the New York State Route 304 entrance ramp is hereby approved.
Ayes: Councilmen Bergman, Supervisor Kleiner,
Councilmen Fisher, O’Donnell, Troy
Noes: None
* * *
RESOLUTION NO. 356 ACCEPT MINUTES
Councilman Bergman offered the following resolution, which was seconded by Supervisor Kleiner and was unanimously adopted:
RESOLVED, that Regular Town Board and Audit minutes of May 14, 2001, and Special Town Board minutes of May 14, and May 21, 2001 are hereby accepted.
Ayes: Councilmen Bergman, Supervisor Kleiner,
Councilmen Fisher, O’Donnell, Troy
Noes: None
* * *
RESOLUTION NO. 357 APPROVE CERTIFICATE OF REGISTRATION/2001
Councilman Bergman offered the following resolution, which was seconded by Supervisor Kleiner and was unanimously adopted:
RESOLVED, that Certificate of Registration (Plumber’s License) for 2001 is hereby approved for Traynor’s Plumbing & Heating, Inc., Blauvelt, New York.
Ayes: Councilmen Bergman, Supervisor Kleiner,
Councilmen Fisher, O’Donnell, Troy
Noes: None
* * *
RESOLUTION NO. 358 APPROVE/FIRE HYDRANT SPARKILL
Councilman Bergman offered the following resolution, which was seconded by Supervisor Kleiner and was unanimously adopted:
RESOLVED, that installation of one (1) fire hydrant on the n/s of a private road approx. 5602 w/o Rockland Road, Sparkill, New York, Inves. No. 11927, is hereby approved (Sparkill Fire Chief and Orangetown Fire Inspector).
Ayes: Councilmen Bergman, Supervisor Kleiner,
Councilmen Fisher, O’Donnell, Troy
Noes: None
* * *
RESOLUTION NO. 359 RECEIVE/FILE PERFORMANCE BOND/LOWES HOME CENTERS
Councilman O’Donnell offered the following resolution, which was seconded by Supervisor Kleiner and was unanimously adopted:
RESOLVED, that Performance Bond, Travelers Casualty and Surety Company of America Bond No. 103591013, in the amount of $912,142.00, in the matter of Lowe’s Home Centers, Inc., Tax Map Nos. 74.15/1/3 and 74.15/1/4, subject to final approval as to form by the Town Attorney’s office (bond to come from Town Attorney to Town Clerk) is hereby received and filed (Town Attorney & PB).
Ayes: Councilmen O’Donnell, Supervisor Kleiner
Councilmen Bergman, Fisher, Troy
Noes: None
* * *
New Business:
Councilman Troy advised that he has not yet received the Sewer Department project plan he requested several weeks ago, and asked when will it be available.
Supervisor Kleiner suggested discussing it next week in workshop, or having a meeting between Councilman Troy, Supervisor Kleiner and Robert Beckerle, Director of Department of Environmental Management & Engineering.
Councilman Bergman recommended resolution on purchase of triangular parcel at Rockland Psychiatric Center.
* * *
RESOLUTION NO. 360 AUTHORIZE SUPERVISOR TRIANGULAR PARCEL RPC
Councilman Bergman offered the following resolution, which was seconded by Councilman Troy and was unanimously adopted:
RESOLVED, that the Supervisor is hereby authorized to transmit a formal offer of purchase of the twenty seven (27) acre triangular parcel at Rockland Psychiatric Center to the State, identifying that other land for recreational purposes is not immediately available.
Ayes: Councilmen Bergman, Troy, Fisher, O’Donnell
Supervisor Kleiner
Noes: None
New Business continued:
Councilman Bergman said that since the Town has closed title on the fifteen (15) acres from Lederle for $1.00, they can move forward with the request of the Pearl River Excelsior for lease for $1.00.
* * *
RESOLUTION NO. 361 ADJOURNMENT/MEMORY
Councilman O’Donnell offered the following resolution, which was seconded by Councilman Fisher and was unanimously adopted:
RESOLVED, that this meeting is hereby adjourned at 10:40 P.M. in
(continued on page 12)
RESOLUTION NO. 361 (continued)
memory of George Zoebelein, trustee of Grandview, and active member of the New York area trails conference, and Daniel Carmody, Pearl River, purple heart recipient.
Ayes: Councilmen O’Donnell, Fisher, Bergman, Troy
Supervisor Kleiner
Noes: None
* * *
______________________________________
CHARLOTTE MADIGAN, TOWN CLERK
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