Board Minutes - Monthly
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Board Minutes - Monthly |
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April
10, 2023 A regular meeting of the
Village Board held on the above date was called to order at 6:00 p.m. at the
Village Hall, 1 West Main Street, Clifton Springs, NY 14432.
Presiding:
Mayor
James Keyes Village
Trustees Present: Bryan Gray, Brian
Rickerson, Jeff Linsner Village Trustees Absent: Earl Lincoln Also Attending: Jason Lannon – DPW Supervisor,
Deb Healy, Kristin Reinhardt, Bill and Donna Kramp, Scott and Ann Landschoot -
Village Residents, Charlie Hall – Village Resident and Volunteer Firefighter,
Scott Upchurch – Police Chief Minutes:
The
minutes of the meeting of March 13, 2023
and March 20, 2023 Board meeting, and the election certificate of canvas from
March 21, 2023 were approved upon motion by Trustee Linsner 2nd by
Trustee Rickerson. All members present
voted AYE. Carried. Vouchers:
General, Water and
Sewer Vouchers #779 through #841 and ARPA #0-#0 were approved for payment by
Trustee Gray 2nd by Trustee Rickerson. All members present voting AYE. Carried.
General Fund = $ 57,106.75 Water Fund = $ 1,096.97 Sewer Fund = $ 15,079.29 ARPA =
$ 0 PRIVILEGE OF THE FLOOR:
J. Lannon – street and water report Jason Lannon, Street & Water Supervisor appeared
before the Board. Street report:
The crew is painting the snow equipment and they have repaired the worst
of the damage from snowplowing and the damage from sidewalk snowplowing. The crew will attend safety training on May
11, 2023. The crew is working on
re-building the storm drain vaults on West Main Street. Two need extra cribbing, so the crew will
make them stronger with steel. The Lisk
Park will be power washed, and the paint will be touched up at the end of
April. Supervisor Lannon met with a
structural engineer from Hunt Engineering regarding the cemetery wall. Water report:
Supervisor Lannon reported that the homeowner will be replacing their
water line at 51 East Main Street. The
Village will need to remove a sidewalk block and will re pour the block. The water valve is in the driveway of 49 East
Main Street. Supervisor Lannon will be
present to make sure nothing happens to that line and to make sure they have
access to their driveway. The water
tanks were power washed. There is a
water break near the corner of Pearl Street and South Street. The crew will repair this tomorrow. Soon hydrants will be flushed, and main water
valves will be turned. This will be done prior to the leak survey being
completed. S. Upchurch – police report Scott Upchurch, Police Chief, appeared before the
Board. Chief Upchurch has a company that
will be bringing a demo radar trailer unit at the end of this week. Chief Upchurch and Trustee Rickerson are working
together on getting camera instillation estimates the village hall
building. Meeting of April 10, 2023
continued: Public Hearing on a
Local Law Amending Chapter 103 of the Code of the Village of Clifton Springs
Relative to the Exemptions for Senior Citizens Mayor Keyes opened the
public hearing at 6:25 PM. This
hearing was properly advertised in THE FINGER LAKES TIMES on March 28,
2023. Notice of this hearing was posted
on the Village website, sign board, front door of the village hall due to covid
and also emailed to the assessors for the Town of Manchester and the Town of
Phelps and to Ontario County Real Property Tax Department. No persons present addressed the Board for this public
hearing. After discussion motion was
made by Trustee Gray 2nd by Trustee Linsner to close the
public hearing and adopt local law 2-2023.
All members present voting AYE.
Carried. RESOLUTION AUTHORIZING ADOPTION BY THE VILLAGE BOARD OF THE
VILLAGE OF CLIFTON SPRINGS OF LOCAL LAW NO. 2 OF 2023 ENTITLED “A LOCAL LAW AMENDING CHAPTER 103 OF THE CODE OF THE
VILLAGE OF CLIFTON SPRINGS RELATIVE TO THE EXEMPTIONS FOR SENIOR CITIZENS” WHEREAS, a resolution was duly adopted by the Village Board of
the Village of Clifton Springs for a public hearing to be held by said Village
Board on April 10, 2023, at 6:25 p.m. at the Clifton Springs Village Hall, 1
West Main Street, Clifton Springs, New York, to hear all interested parties on
a proposed Local Law entitled, “A Local Law Amending Chapter 103 of the
Code of the Village of Clifton Springs Relative to the Exemptions for Senior
Citizens”; and WHEREAS, notice of said public hearing was duly advertised in
the official newspaper of the Village of Clifton Springs, on March 28, 2023 and
other notices required to be given by law were properly served, posted or
given; and WHEREAS, said public hearing was duly held on April 10, 2023,
at 6:25 p.m. at the Clifton Springs Village Hall, 1 West Main Street, Clifton
Springs, New York, and all parties in attendance were permitted an opportunity
to speak on behalf of or in opposition to said Proposed Local Law, or any part
thereof; and WHEREAS, the Village Board of the Village of Clifton Springs,
after due deliberation, finds it in the best interest of the Village of Clifton
Springs to adopt said Local Law. NOW, THEREFORE, BE IT RESOLVED, that the Village Board of the Village of Clifton
Springs hereby adopts said Local Law No. 2 of 2023, entitled “A
Local Law Amending Chapter 103 of the Code of the Village of Clifton Springs Relative
to the Exemptions for Senior Citizens”, a
copy of which is attached hereto and made a part of this resolution, and be it
further RESOLVED, that the Village Clerk be and
she hereby is directed to enter said Local Law in the minutes of this meeting
and in the Local Law Book of the Village of Clifton Springs, and to give due
notice of the adoption of said local law to the Secretary of State of New York. I, Lori Reals, Village Clerk/Treasurer of the
Village of Clifton Springs do hereby certify that the aforementioned resolution
was adopted by the Board of Trustees of the Village of Clifton Springs on April
10, 2023 by the following vote:
Aye Nay James Keyes
X Earl
Lincoln
was
not present Jeffrey
Linsner
X Bryan
Gray
X Brian Rickerson
X Dated: April 11, 2023
______________________________ SEAL
Lori
Reals, Village Clerk/Treasurer Meeting of April 10, 2023 continued: Village of Clifton Springs Local Law No. 2 of the year 2023 A Local Law
Amending Chapter 103 of the Code of the Village of Clifton Springs Relative to
the Exemptions for Senior Citizens
Be
it enacted by the Village Board of the Village of Clifton Springs as follows: Section 1. §103-6 of Chapter 103 of the Code of the
Village of Clifton Springs is hereby repealed and a new §103-6 is inserted in
its place to read as follows: §103-6. Exemption
Granted/Limitations on Exemption Pursuant
to § 467 of the New York State Real Property Tax Law, real property owned
by one or more persons, each of whom is 65 years of age or over, or real
property owned by husband and wife, one of whom is 65 years of age or over,
shall be exempt from Village of Clifton Springs taxes to the extent shown below
of the assessed valuation thereof as determined by the owner’s or owners’
corresponding annual income: Annual Income
Reduction
This increase shall be
effective with the 2023 assessment roll. Section 2. Paragraph A of §103-2 of Chapter 103 of the
Code of the Village of Clifton Springs is hereby repealed and a new paragraph A
is inserted in its place to read as follows: A.
If
the income of the owner or the combined income of the owners of the property
for the income tax year (“income tax year” shall have the meaning ascribed to
it in § 467 of the New York State Real Property Tax Law) is equal to or
exceeds $29,700.00. Where the title is
vested in either the husband or the wife, their combined income may not exceed
such sum. Such income shall include
social security and retirement benefits, interest, dividends, total gain from
the sale or exchange of a capital asset, which may be offset by a loss from the
sale or exchange of a capital asset in the same income tax year, net rental
income, salary or earnings and net income from self-employment but shall not
include a return of capital, gifts or inheritances. In computing net rental income and net income
from self-employment, no depreciation deduction shall be allowed for the
exhaustion or wear and tear of real or personal property held for the production
of income. Section 3. If any clause, sentence, paragraph, section
or part of this local law shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been ordered. Section 4. This
local law shall take effect immediately upon filing with the Secretary of
State. Meeting of April 10, 2023
continued: Public Hearing on a
Local Law to allow a property tax exemption for
Volunteer Firefighters Mayor Keyes opened the
public hearing at 6:30 PM. This
hearing was properly advertised in THE FINGER LAKES TIMES on March 29,
2023. Notice of this hearing was posted
on the Village website, sign board, front door of the village hall due to covid
and also emailed to the Clifton Springs Fire Department, the assessors for the
Town of Manchester and the Town of Phelps and to Ontario County Real Property
Tax Department. Present for this public
hearing was Charlie Hall, Volunteer Firefighter. Mr. Hall addressed the Board and stated he appreciates the
Village looking at this. Mr. Hall also
hopes that this might help bring some volunteers to the fire department,
especially during daytime hours. Mr. Hall has reviewed the law and wanted the Board to know
that in the fire department by laws, a member is considered a “lifetime member”
after 25 years of service. This proposed
law is written to grant an exemption after 20 years of service. Mr. Hall is concerned this might cause some
confusion and the Board agreed. Mr. Hall
also questioned what would happen if a lifetime member, who had lived in the
Village but moved away, returned to the Village. Would this person be able to get the lifetime
membership exemption? Motion was made by Trustee Linsner 2nd by
Trustee Rickerson to ask Attorney Graff to change the law to make the lifetime
membership at 25 years, not 20 and to get the answer about if a person moves
back into the Village. All members
present voting AYE. Carried. The public hearing closed at 6:35 PM. THIS LOCAL LAW WAS NOT ADOPTED RESOLUTION AUTHORIZING ADOPTION BY THE VILLAGE BOARD OF THE VILLAGE OF CLIFTON SPRINGS OF LOCAL LAW ENTITLED “A LOCAL LAW AMENDING CHAPTER 103
OF THE CODE OF THE VILLAGE OF CLIFTON SPRINGS TO ENACT A PROPERTY TAX EXEMPTION
FOR VOLUNTEER FIREFIGHTERS” WHEREAS, a resolution was duly adopted
by the Village Board of the Village of Clifton Springs for a public hearing to
be held by said Village Board on April 10, 2023, at 6:30 p.m. at the Clifton
Springs Village Hall, 1 West Main Street, Clifton Springs, New York, to hear
all interested parties on a proposed Local Law entitled, “A Local Law Amending Chapter 103
of the Code of the Village of Clifton Springs to Enact a Property Tax Exemption
for Volunteer Firefighters”; and WHEREAS, notice of said public hearing
was duly advertised in the official newspaper of the Village of Clifton
Springs, on March 29, 2023 and other notices required to be given by law were
properly served, posted or given; and WHEREAS, said public hearing was duly
held on April 10, 2023, at 6:30 p.m. at
the Clifton Springs Village Hall, 1 West Main Street, Clifton Springs, New
York, and all parties in attendance were permitted an opportunity to speak on
behalf of or in opposition to said Proposed Local Law, or any part thereof; and WHEREAS, the Village Board of the
Village of Clifton Springs, after due deliberation, does not find
it in the best interest of the Village of Clifton Springs to adopt said Local
Law. NOW, THEREFORE, BE IT
RESOLVED, that the Village Board of the Village of Clifton Springs did not adopt
said Local Law No., entitled “A Local Law
Amending Chapter 103 of the Code of the Village of Clifton Springs to Enact a
Property Tax Exemption for Volunteer Firefighters”, For clarification, the Board does want to proceed with a
property tax exemption for the volunteer fire fighters, just some wording in
the law may need to be amended. Meeting of April 10, 2023
continued: Public Hearing on
Amending Chapter 93 (Short-Term Rentals) of the
Code of the Village of Clifton Springs Mayor Keyes opened the public hearing at 6:35 pm. This public hearing was properly advertised
in THE FINGER LAKES TIMES on March 30, 2023.
Notice of the public hearing was also placed in the Village website,
sign board, front door of the village hall due to covid and mailed, both by
certified mail and regular mail, to owners who advertise on social media that
they have a short-term rental. Deb Healy addressed the Board. Mrs. Healy operates a short-term rental. Mrs. Healy was looking for clarification on
the recreation vehicle part of the law.
Mrs. Healy understands that the current law does not allow recreation
vehicles to be used as short-term rentals.
Mrs. Healy asked if she has a short-term renter, can they bring a
recreational vehicle on her property and have guests stay in it, and also if
she has her own personal guests, can they bring a recreational vehicle onto her
property and stay in it? Mayor Keyes told
her yes, this is acceptable. Kristin Reinhardt addressed the Board. Mrs. Reinhardt wanted to know why was the
definition changing? Mayor Keyes stated
that it was requested by Code Enforcement.
After discussion motion was made by Trustee Gray 2nd
by Trustee Rickerson to close the public hearing and adopt the local law
amending Chapter 93 (Short – Term Rentals). RESOLUTION AUTHORIZING ADOPTION BY THE BOARD OF
TRUSTEES OF THE VILLAGE OF CLIFTON SPRINGS OF LOCAL LAW NO. 3 OF 2023 WHEREAS, a resolution was duly adopted by the Board of Trustees
of the Village of Clifton Springs for a public hearing to be held by said Board
of Trustees on April 10, 2023, at 6:35 p.m. at the Village Hall, 1 West Main
Street, Clifton Springs, New York 14432, to hear all interested parties on a
proposed Local Law Amending Chapter 93 (Short-Term Rentals) of the Code
of the Village of Clifton Springs; WHEREAS, notice of said public hearing was duly advertised in
the official newspaper of the Village of Clifton Springs, on March 30, 2023 and
all other notices required by law to be given were properly served, posted or
given; and WHEREAS, said public hearing was duly held on April 10, 2023,
at 6:35 p.m. at the Village Hall, 1 West Main Street, Clifton Springs, New
York, and all parties in attendance were permitted an opportunity to speak on
behalf of or in opposition to said Proposed Local Law, or any part thereof; and WHEREAS, the Board of Trustees of the Village of Clifton Springs, after due
deliberation, finds it in the best interest of the Village of Clifton Springs
to adopt said Local Law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Trustees of the Village of Clifton
Springs hereby adopts said Local Law No. 3 of 2023, entitled, “A Local Law Amending Chapter 93 (Short-Term Rentals) of the Code
of the Village of Clifton Springs”, a copy of which is attached hereto and made a part of this
resolution, and be it further RESOLVED, that the Village Clerk be and she hereby is directed
to enter said Local Law in the minutes of this meeting and in the Local Law
Book of the Village of Clifton Springs, and
to give due notice of the adoption of said local law to the Secretary of State
of New York. I, Lori Reals, Village Clerk/Treasurer
of the Village of Clifton Springs do hereby certify that the aforementioned
resolution was adopted by the Board of Trustees of the Village of Clifton
Springs on April 10, 2023 by the following vote:
Aye Nay James Keyes
X
Earl Lincoln
was
not present Jeffrey Linsner
X
Aye Nay Meeting
of April 10, 2023 continued:
Aye
Nay Bryan Gray
X
Brian Rickerson
X
Dated: April 11,
2023
______________________________
Lori
Reals, Village Clerk/Treasurer SEAL Village
of Clifton Springs, Local Law No. 3 of the year 2023 A local
law Amending Chapter 93 (Short-Term Rentals) of the Code of the Village of
Clifton Springs Be it enacted by the Board of Trustees Village of
Clifton Springs as follows: Section
1: Section 93-4 (Word usage) of
Chapter 93 (Short-Term Rentals) of the Code of the Village of Clifton Springs
is hereby amended by repealing the existing definition of “Short-Term Rental”
and adopting a new definition of “Short-Term Rental” to be inserted in its
place and to read as follows: SHORT-TERM
RENTAL – A.
The
rental of any dwelling or dwelling unit or part thereof for less than 30 days
to an individual or individuals. A recreational vehicle shall not be considered a dwelling,
dwelling unit, short-term rental or short-term rental property for purposes of
this chapter and shall not have a short-term rental permit issued for it. B.
For purposes of this Chapter, bed-and-breakfasts,
boardinghouses, motels and hotels are excluded from this definition, as are
month-to-month tenancies. C.
The
presence of the following shall create a presumption that all or a part of
a building is being used as a short-term rental:
1.
All
or a part of the building is offered for lease on a short-term rental
website, including but not limited to Airbnb, Home Away, VRBO and the like for
a period of less than 30 days or less; and/or 2.
All
or a part of the building is offered for lease in any medium for a period
of less than 30 days. D.
The
presumptions in paragraph C herein may be rebutted by evidence presented to the
Code Enforcement Officer that the building is not being used as a short-term
rental. Section 2: If any clause, sentence, paragraph,
section or part of this local law shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been ordered. Section 3: This local law shall take effect
immediately upon filing with the Secretary of State. Meeting of April 10, 2023 continued: CORRESPONDENCES:
Copy
of the proposed budget for 2023-2024. Public Hearing on the 2023-2024 Budget Mayor Keyes opened the public
hearing at 6:15 p.m. No persons appeared before the
Board to discuss the proposed budget. This
public hearing was properly advertised in THE FINGER LAKES TIMES on March 24,
2023 and posted on the website, on the front door of Village Hall – due to
covid and on the sign board in Village Hall. Discussion was held on the
proposed 2023-2024 budget. Clerk Reals
and Mayor Keyes had previously answered questions Board members had on the
budget. Motion
was made by Trustee Linsner 2nd by Trustee Gray to adopt the 2023-2024
budget. Mayor Keyes called for a roll
call vote which resulted in Trustee Linsner
voting AYE, Trustee Rickerson voting AYE, Trustee Gray voting AYE and
Mayor Keyes voting AYE. Trustee Lincoln was not present. Carried. Budget
for 2023-2024 General
Fund = $1,890,867 Water
Fund = $464,277 Sewer
Fund = $495,549 TOTAL
= $2,850,693 Tax
Levy = $725,592
Tax Rate Equalization Rate Change in tax rate
From
2022-2023 Town
of Manchester $6.52 93%
up .05/1,000 Town
of Phelps $6.61 92%
up .07/1,000 No
changes in sewer rates. No change is
water rates. Water rates $40.79 for
0-5,000 gallons and then $6.37 for each 1,000 gallons thereafter and sewer
remains $70.00 per unit. Both are billed
quarterly. The Board is aware that sewer
rates will need to be reviewed and possibly increased depending on the extent
of the sewer project and grant funding received. Motion
was made by Trustee Linsner 2nd by Trustee Gray to close the public
hearing on the budget at 6:17 pm. All
members present voting AYE. Proposed local law to
amend Chapter 103 relative to tax exemption for Sr.
Citizens Copy
of proposed local law amending Chapter 103 of the Code of the Village of
Clifton Springs relative to the exemptions for Senior Citizens. See
the public hearing. Reviewed and adopted
at the public hearing. Proposed local law to
amend Chapter 103 relative to a tax exemption for Volunteer Firefighters Copy
of the proposed local law amending Chapter 103 of the Code of the Village of
Clifton Springs to enact a Property Tax Exemption for Volunteer Firefighters. See
the public hearing. This was not adopted
as the Board and the public had some additional questions. Meeting
of April 10, 2023 continued: Proposed local law to
amend Chapter 93 short term rentals Copy
of the proposed local law amending Chapter 93 (Short Term Rentals) of the Code
of the Village of Clifton Springs. See
the public hearing. Reviewed and adopted
at the public hearing. Current definition of short-term
rental Current
code on short term rentals, see current definition of “short term rental” on
page 3, for comparison to proposed new definition. Reviewed. Organizational meeting
items Information
for the annual organizational meeting, including items on ethics, procurement
policy and investment policy. Reviewed
during the organizational meeting. N. Thomas, Associate
Justice not seeking re appointment Email
from Associate Justice N. Thomas, indicating that he is not seeking
reappointment as the Associate Justice. Reviewed. The Board appreciates that Associate Justice
Thomas agreed to serve with Judge Smithling, for the last two years, when no
resident from the Village ran for the office of Justice. In March 2023 Judge Adam Caldwell was elected
as Justice and at the organizational meeting, Judge D. Smithling was appointed
to serve as the Associate Justice. Possible extended
warranty for the loader at the sewer plant Proposed
extended warranty for the loader at the sewer plant. Reviewed. The Board did not want to go with an extended
warranty on this machine. Explanation and
correction plan for hospital regarding suspended solids Letter
from Clifton Springs Hospital explaining the reason the hospital exceeded the
sewer discharge limits on suspended solids and how they plan to correct this. Reviewed. Hospital fined for
sewer violation on suspended solids Copy
of the letter that fines Clifton Springs Hospital for the sewer violation. Reviewed. Williamson Law Book –
water & sewer billing program Proposal
from Williamson Law Book for a new water – sewer billing software program. The
Clerk’s have met with Williamson Law Book, and they prefer to change to this
program. The reason this is being looked
at is changes have to happen with the reading of the water meters (change in
technology) and now is the time to look at updating the water and sewer
program. Motion
was made by Trustee Gray 2nd by Trustee Linsner to change from the
existing water sewer billing program to Williamson Law Book. All members present voting AYE. Carried.
This change will happen on the Clerk’s end in July and the new software
should be being used for the August 2023 billing cycle. Water & Sewer
billing program Proposal
from Edmunds Gov Tech to upgrade the current water sewer billing software. This
is the existing program the Village is using.
The Board has agreed to change to Williamson Law Book. Meeting
of April 10, 2023 continued: N. Rader withdraws
claim Email from Selective Insurance that indicates
N. Rader has withdrawn her claim against the Village for a fall on Crane
Street. Reviewed. STREET
DEPARTMENT: Trustee
Lincoln was not present, and this report was covered under privilege of the
floor. WATER
DEPARTMENT: Trustee Lincoln was not present
and this report was covered under privilege of the floor. SEWER
DEPARTMENT: Trustee
Rickerson reported the following: The Village is still waiting for the compost permit from the
Department of Environmental Conservation.
The Village understanding is the delay is on the engineering end. The Village is still waiting for approval from the
Department of Environmental Conservation for the required disinfection process
and for possible headworks improvements.
The Village understanding is the delay is on the engineering end. The Village is very concerned that necessary
benchmarks on the disinfection will not be met, and the Village is also very
concerned that the Village has missed the proper timing to put this project out
to bid, as most contractors have lined their work up for this upcoming
year. Mayor Keyes will reach out to Hunt
Engineering regarding these concerns. ZONING &
PLANNING DEPARTMENTS: Trustee
Gray had nothing to report. FIRE DEPARTMENT: See public hearing on
the tax exemption for volunteer fire fighters.
This local law was not adopted this evening, as the Board and the public
had some questions to address with the attorney. Fire Department submits
proposed truck replacement schedule Trustee
Linsner handed out the proposed truck replacement schedule as submitted by
Chief Steve DeCook. The proposal is as
follows: Replacement
Year Truck 2026 581
– Ladder 2030 561
– Rescue 2034 512
– Engine Pumper 2042 531
– Pumper Tanker 2050
581 – Ladder Engine
511 (Pumper) to be determined by the Department and the Village. The
Village has requested price estimates for these trucks, particularly the first three,
as they are all within the next 11 years.
The department is on the agenda for the May 8, 2023 Board meeting and
truck replacement is one of the conversations, along with a possible new
storage building and a digital sign request.
Park and Creek cleanup
& Cemetery clean up PARK
– YOUTH DEPARTMENT: Mayor Keyes reported the local Rotary Club and Midlakes students
will be cleaning up the parks and the waterway (creek) on May 6, 2023. The Village will
supply lunch for the volunteers. The Scouts will be doing clean up at the Pearl Street
cemetery. The Village appreciates the
efforts of these organizations to keep the cemetery,
the parks and the creek clean from debris and trash. SOCIAL MEDIA: Nothing was reported.
POLICE DEPARTMENT: Chief Upchurch is working on having a company
bring a demonstration radar trailer to the Village. Meeting
of April 10, 2023 continued: COURT
DEPARTMENT:
Judge Caldwell will be attending the required training in the next couple of
weeks. MAYOR KEYES REPORT: Mayor Keyes report was covered throughout the meeting. CLERK REALS REPORT: Clerk Reals
provided the Board members with a copy of the abstracts through March and year
to date revenue and expenses through March and bank statement for March. OTHER
BUSINESS: Adjournment There
being no further business to come before the Board, motion made by Trustee Linsner
2nd by Trustee Gray to adjourn. All members present voting AYE. Meeting adjourned at 6:50 p.m. Respectfully submitted,
Lori
A. Reals Clerk/Treasurer |
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