HomeMy WebLinkAboutmin brd of selectmen 04262006
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CLERI{S OFFICE
Present:
Town of Mansfield
Board of Selectmen
Minutes of April 26, 2006
t-1ANSFIELD
Chairman Roger Achille, Selectman David McCarter and SeleM~i~~&IjYSETTS
Amoruso
Town Manager John D'Agostino
06 MA Y I 2 AM 10: .. 9
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The Board of Selectmen's meeting was called to order at 7:08 p.m., followed by the
Pledge of Allegiance.
Mr. McCarter read the public hearing notice from The Sun Chronicle.
Motion: To open the public hearing
(McCarter - Amoruso) 3-0 Passes
Town Engineer John Sullivan noted that Sawmill Court completed all of the punchlist
items and he recommends acceptance. He noted that he has not heard from any
resident concerns about this street.
Mr. Achille opened the hearing to public comment, of which there was none.
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Motion: To close the public hearing
(Amoruso - McCarter) 3-0 Passes
Motion: To support the acceptance of Sawmill Court Street
(Amoruso - McCarter) 3-0 Passes
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Mr. McCarter read the public hearing notice from The Sun Chronicle.
Motion: To open the public hearing
(McCarter - Amoruso) 3-0 Passes
The Town Engineer said that significant progress has not been made on the punchlist
items provided to the developers in November of 2005. He has noted that they have
made some progress with the punch list and they have submitted a letter to Planner
Shaun Burke indicating that they intend to finish by Town Meeting. He suggests that if
the developers complete the punch list items by the end of next week, the Board should
vote to support. He has heard from residents that said that their concerns have not
been addressed. Mr. McCarter suggested continuing the hearing until next week.
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Board of Selectmen Minutes of April 26, 2006
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Mr. Achille asked for public comment and there was none.
Motion: To continue the Nicole Road/Noreen Road street acceptance public hearing to
May 3rd at 9:00pm.
(Amoruso - McCarter) 3-0 Passes
Mr. Achille welcomed the winners of the Fair Housing Poster Contest. He first asked 3rd
Prize Winner Guy Vareewong to describe his poster and presented a citation to Guy.
He invited 2nd prize winner Julie O'Keefe to describer her poster. He then presented
Julie with a citation. Patrick Maloney, the second prize winner, described his poster for
the Board and Mr. Achille presented a citation to Patrick. Mr. Achille noted that the
grand prize winner was Kelly Faria and invited her to describe her poster and presented
her with a citation.
Mr. Achille noted that the Board appreciates the students come in. Mr. D'Agostino
suggested recognizing the Fair Housing Committee and Shaun Burke for their help in
judging the poster contest.
The Board thanked everyone for attending.
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Mr. McCarter read the public hearing notice from The Sun Chronicle.
Motion: To open the public hearing
(McCarter - Amoruso) 3-0 Passes
Motion: To continue the public hearing to May 3,2006 at 8:45pm
(McCarter - Amoruso) 3-0 Passes
. Warrant No. 44 in the amount of $ 440,255.51
Motion : To approve
(Amoruso - McCarter) 3-0 Passes (Mr. McCarter abstaining from check
#352451 )
. Regular Session Minutes of April 19, 2006 Selectmen's Meeting
Motion: To approve
(McCarter - Amoruso) 2-0-1 Passes (Mr. Achille abstaining)
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Board of Selectmen Minutes of April 26, 2006
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. Executive Session Minutes of April 19, 2006 Selectmen's Meeting
Motion: To approve but not release
(McCarter - Amoruso) 2-0-1 Passes (Mr. Achille abstaining)
. Change of Manager transaction of Trifecta Sports Bar's Wine & Malt Common
Victualler License
It was noted that the manager was unable to attend the meeting tonight and there was a
Motion: To table until the Manager comes in
(McCarter - Amoruso) 3-0 Passes
. Hackney Driver License Application for Richard Goodman
Motion: To approve
(McCarter - Amoruso) 3-0 Passes
. Water Installers License for MRJ Enterprises, 201 Plymouth Street, Middleboro
Motion: To approve
(McCarter - Amoruso) 3-0 Passes
. Drainlayer's License for MRJ Enterprises, 201 Plymouth Street, Middleboro
Motion: To approve
(McCarter - Amoruso) 3-0 Passes
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. Commercial Parking Facility Applications: (all routing slips & documentation are in
order- with restrictions (rom Police and Fire)
. Foundry LLC Commuter Parking at Train Station
. 875 South Main Street Realty Trust, 875 So. Main St.
. Nancy Gray McNeeley, 888 So. Main Street
Motion: To approve subject to restrictions made by Police and Fire
(McCarter - Amoruso) 3-0 Passes
. Vote to sign the Special Town Meeting warrant
Motion: To sign the Special Town Meeting warrant
(McCarter - Amoruso) 3-0 Passes
. Letter from Mansfield High School All-Sports Booster Club requesting permission to
hold their 5K Road Race on Sunday, May 21st.
Motion: To approve the request for the Mansfield High School All-Sports Booster Club
to hold their 5K Road Race on Sunday, May 21st.
(McCarter - Amoruso) 3-0 Passes
. Letter from a resident regarding the proposed barrel limit on trash collection.
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. Memo from the Town Manager comparing the average single family tax bill increase
to the statewide tax bill increase.
Board of Selectmen Minutes of April 26, 2006
3
r . Letter from the Garden Club of Mansfield requesting no more than $5,000 from the
Deutsche Bank funds for the beautification of the WWII Memorial site. Mr. McCarter
wondered if $2,500 would be enough. Mr. Amoruso had concerns about filling
requests for some and not for others but believes the beautification is a worthwhile
process.
Motion: To transfer $2,500 from the Deutsche Bank funds to the Garden Club of
Mansfield for the beautification of the WWIl Memorial for Memorial Day
(McCarter - Amoruso)
Mr. D'Agostino believes that they need more than the $5,000 requested, but that is what
they requested. Mr. McCarter wants them to help beautify before Memorial Day.
Vote: 2-1 Passes (Mr. Amoruso opposed)
. Memo from the Town Manager regarding water shut off notices.
. Letter from SRPEDD regarding appointment to the SRPEDD Commission and the
Joint Transportation Planning Group Committee. ACTION (Board may want to
reappoint Bill LeBlanc as the Selectmen Representative and Lee Azinheira and John
Sullivan as Delegate and Alternate Delegate to the JTPG Committee respectively)
Motion: To appoint Bill LeBlanc to the SRPEDD Commission, subject to his acceptance
(McCarter - Amoruso) 3-0 Passes
Motion: To appoint Lee Azinheira and John Sullivan as Delegate and Alternate
r Delegate respectively to the Joint Transportation Planning Group Committee
(McCarter - Amoruso) 3-0 Passes
. Letter from Police Chief Arthur O'Neill requesting, in conjunction with the Mansfield
Public Schools, that the Board consider a portion of East Street a no parking zone
from 6:30am to 8:00am.
Mr. McCarter read the letter from Superintendent Moretti. He noted that this request
was also made by the Police Chief
Motion: To consider the portion of East Street a no parking zone from 6:30am to
8:00am., effective May 15th
(McCarter - Amoruso) for discussion
Mr. D'Agostino said that the parking restriction is for the students and that they park on
the street because there isn't enough parking onsite. Mr. Amoruso questioned why not
make the restriction all day and noted that it is no less dangerous when school is letting
out. Mr. McCarter asked if we should make a start date and suggested May 15th. Mr.
D'Agostino noted that he would find out about a restriction for the entire day.
Vote: 3-0 Passes
. Memo from the Town Manager to department heads asking them to review their
FY07 budget requests to arrive at a bottom line 3.9% total departmental increase.
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Board of Selectmen Minutes of April 26, 2006
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ANNUAL WARRANT:
Mr. D'Agostino said that article 7 deals with the money the Town pays for the expenses
of educating Mansfield students who attend Southeastern Regional School. The
question from the Board was if the number is accurate and Mr. D'Agostino noted that he
received written notification from the Southeastern Superintendent that the number is
accurate.
Motion: To support Article 7
(Amoruso - McCarter) 3-0 Passes
Articles 29 & 30 on the Annual Town Meeting warrant are easements and these articles
are supported by the Town Engineer. Mr. D'Agostino said that the Engineering
Department has worked with the owner of a building lot on Fox Street in order to provide
a sewer line that will not only serve the owner's house lot, but also provide a municipal
sewer connection that can be connected in to by other properties in the future. Article
30 is looking for the sewer easement back. The Engineering Department received a
request from a South Main Street resident for the Town to return an abandoned sewer
easement across his land. The Engineering has reviewed this easement and it is no
longer required. Mr. D'Agostino added that the owner has prepared a stamped survey
plan to specifically define the easement in question. It is dry and inactive and we will
supervise the capping of it.
r Motion: To support Article 29
(Amoruso - McCarter) 3-0 Passes
Motion: To support Article 30
(Amoruso - McCarter) 3-0 Passes
The Board had a question about Article 5 deals and whether or not it included the rate
increases. Mr. D'Agostino said that the rate will be a phased-in rate to build up enough
revenue to make those improvements. Mr. D'Agostino said that the rate is proposed to
17 -20% increase. The operating aspect would increase 8%.
Motion: To table Article 5 until the Finance Committee has reviewed this article
(McCarter - Amoruso) 3-0 Passes
Mr. Amoruso wanted to know how much the rates will need to be increased to meet the
8% operating expense.
SPECIAL TOWN MEETING:
Article 11: This article deals with a gift of land from a resident of Foxboro to the Town of
Mansfield. It is approximately 6 acres and is near town wells. The Engineering
Department will do a site visit. The Engineering Department is recommending
acceptance pending approval of a 21 E. Mr. McCarter asked why the person wants to
give the parcel to the town. Mr. D'Agostino believes that the person would want to get
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Board of Selectmen Minutes of April 26, 2006
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rid of the parcel off their tax rolls. Mr. D'Agostino noted that this land will protect our
r- well sources. Mr. D'Agostino told the Board that he is having staff take a look at this.
Article 6: Article 20 of the 2002 Annual Town Meeting authorized the borrowing of up to
$600,000 for the design of a Water Treatment Facility as part of the $6,750,000
approved for the completed project. The Treasurer borrowed the full $600,000, but only
$545,000 was spent on the design. We would like to spend approximately $13,000 of
the balance for expenses related to the truck wash. This is only a technicality because
we are still spending below the authorized $6,750,000.
Mr. McCarter noted that Mr. Clemmey wrote a letter asking to speak to the Board on his
petition warrant article and he asked Mr. Clemmey to speak. Mr. Clemmey indicated
that he is not prepared to speak on the article tonight, and asked to come back next
week. Mr. Achille agreed to place Mr. Clemmey on the next meeting agenda.
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The FY07 operating budget for the Mansfield Municipal Electric Department was
discussed.
r Mr. McCarter read the public hearing notice from The Sun Chronicle.
Motion: To open the public hearing
(McCarter - Amoruso) 3-0 Passes
Atty. DeNapoli, attorney for TGI Friday's, was present. He has represented TGI Fridays
for eighteen years. The restaurant will be approximately 6,000 square feet and will
employ 80-100 people. The manager of record is Steven Rossetti - he is now a district
manager. As we get closer to the opening date, we will before you for a change of
manager once we identify who the manager will be. Their policy is to put the district
manager as the manager of record until the restaurant is up and running.
Mr. McCarter asked if the license is needed for financing purposes. Atty. DeNapoli said
that this license is not needed for that reason. He knows that we have to go to the
building process. We have a boom occurring and are currently working on several
stores at this moment. Mr. D'Agostino noted that we won't have many licenses left after
the build out at Mansfield Crossing. Mr. Amoruso expressed concern about tying up a
license for a period of time. Mr. Amoruso asked where on the site it will be. Atty.
DeNapoli noted that he was not sure and added that there will be several other
restaurants opening up on the site. Atty. DeNapoli is aware that TGI Friday's will not
get their license until they have received the necessary permits from the town, including
an occupancy permit. Atty. DeNapoli noted that the lease has been finalized, and it is
contingent upon this license.
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Board of Selectmen Minutes of April 26, 2006
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Mr. Achille opened up the hearing for public comment, of which there was none.
r- Motion: To close the public hearing
(Amoruso - McCarter) 3-0 Passes
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Motion: To approve the application of TGI Friday's for an All Alcohol Common
Victualler license, subject to receiving an occupancy permit
(McCarter - Amoruso) 3-0 Passes
Board thanked Atty. DeNapoli for coming in.
Mr. D'Agostino reported the following:
. He announced that the Water Department is one of the top 5% water departments in
the Commonwealth. He congratulated Kurt, Lee and the Water Department staff.
. He spent time with staff last week and asked them to reduce their operating budgets
to a 3.9% budget. We are $120,000 shy of the target of the 3.9% of the town's side.
He has some impact statements that the Board needs to hear and read the
statement of the Fire Department, written by Fire Chief Robert Bellavance. "As
directed and in opposition with my minimum recommendation, the fire department
FY07 budget request has been reduced to comply with the 3.9% guideline. The net
impact of this reduction is the elimination of desperately needed emergency
personnel additions as have been described as being necessary beginning with
Chief Sliney in the FY02 budget. Since the addition of personnel in 1998, the
department call volume has increased by 30%. This coming year, I anticipate that
we will easily exceed 3000 emergency responses, almost 2/3 of which will be
medical emergencies. It is absurd to expect the same number of personnel who
handled 2000 calls eight years ago to handle an additional 30% increase in calls
today. This creates a potentially dangerous situation for both the responders and the
persons in need of our help. In the best case scenario, with the addition of the
requested four personnel, we still will be deficient in the amount of personnel needed
to adequately attend to the current demands of the community. Current staffing is 7
members on duty split between two stations. The FY07 requested staffing would
maintain 8 members on duty. The optimum staffing requirement, in my opinion, for
these two stations today is at least 10 responders on duty. By reducing the budget
request, thus eliminating the possibility of added personnel to deal with our growing
community, we are forced to staff at sub par levels. In 1974 when I was appointed to
the department, my position increased the staffing of the duty group to 4. 32 years
later, the staffing has not even doubled, despite the fact that the population has
grown by over 200 percent and the call volume has grown by 250 percent.
Previously I have reported that the four new positions can be funded almost entirely
by projected increased revenues made possible by improvements that have been
made in collections and the rate increases for ambulance service. If those revenues
are not used for the much needed personnel for this department, then the benefactor
Board of Selectmen Minutes of April 26, 2006
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will be some other department or project, hopefully as deserving and in as much a
r dire need for resources as we are."
He read a budget impact statement from Police Chief Arthur O'Neill as well.
"The Mansfield Police Department has recognized the need to expand in order to meet
the needs and demands of our growing community. We have expanded our
commercial and residential base already on line and some very large projects about to
come on line or soon to be built. All of these entities will require an expanded police
presence for these principal reasons: Our traffic concerns are growing and will increase
geometrically with all of the new commercial and residential endeavors. The police
department is tasked with keeping traffic moving smoothly and safely. This can only be
done with police officers and cruisers on the road patrolling busy or problem areas.
Even in the best of circumstances the great influx of vehicles and persons either living
or doing business here will generate a great deal of need for additional police services.
Crime suppression and traffic enforcement: An uncountable amount of crime and traffic
problems are quietly eliminated or suppressed by the diligent daily, and nightly, work of
our officers. The suppression of crime and the prevention of traffic collisions, injuries
and deaths, something very hard to measure, at least as important to the police and the
community. If the Mansfield Police Department does not expand in a proper, orderly
manner to meet the challenges we will simply be spread too thin to properly police our
Town. From hiring to finally sending an officer out on patrol alone the process, if done
right, takes about one full year. We are facing a ticking clock in the race to have our
police department ready to properly meet our coming challenges. We are taxpayers
r- ourselves and we recognize and share the burden that our fellow citizens and taxpayers
face. The proposed expansion is, however, indispensable to enable the type of
professional police protection that the Town of Mansfield, its citizens and its businesses
expect and are entitled to."
Mr. D'Agostino read a statement from the Police Chief on behalf of Police public safety
dispatch. "Mansfield Public Safety Dispatch consists of nine dedicated full-time
professionals. A constant effort is always made to maintain two or three part-time
dispatchers to be available when the need to cover shifts comes close to overwhelming
our full-time personnel. As in any human endeavor, there is ebb and a flow as personnel
turn over. Training part-time dispatchers is just as expensive and time-consuming as
training full-time dispatchers. The duties and responsibilities are, after all, the same.
Ideally, we should be prepared to meet the demand caused by the natural turnover of
personnel. We attempted to address this in our original budget proposal. To meet the
mandated budget level we have severely compromised or eliminated our ability to
maintain a competent back-up dispatch pool as well as our ability to locate, hire and
train replacement full-time dispatchers should any unanticipated openings occur."
Mr. D'Agostino noted that we are going to look at reducing an additional $120,000 for
next week. Mr. McCarter noted that the Finance Committee has asked both town and
school to reduce. Mr. Lazzara said that Mr. Moretti will be producing a budget for the
School Committee next week that will reflect a reduction in its budget. Mr. McCarter
commented that we will not gain any new employees and Mr. D'Agostino said that he
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Board of Selectmen Minutes of April 26, 2006
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will have to look at eliminating current personnel. Mr. McCarter asked if it is possible to
have someone look at helping us to reduce our budget. Mr. D'Agostino noted that he
relies on the expertise of our department heads. Mr. Achille asked if there is a force
reduction on the school side and Mr. Lazzara said that he anticipates that were would
need to be something. Mr. D'Agostino said that reduction of personnel is on the table
and he has no where else to go. He could eliminate the gap with the additional revenue
from the ambulance receipts, but he has firefighters that are desperately needed. He
will need to cut somewhere else and he will continue to talk with staff. Mr. McCarter
noted that he is really concerned with reductions in public safety. He believes that we
need to be more pro-active in diwying up the money. Mr. D'Agostino said that if we
don't add personnel to Police and Fire, there is a huge public safety gap. Mr. McCarter
asked Mr. Lazzara and the Finance Committee to look into finding resources to add a
firefighter, paramedic, police officer, etc. Mr. Lazzara said that right now, we do not
have another funding source. Mr. D'Agostino said that there has been an increase in
state aid, but if you look at the aid number today and compare it to before the economic
downturn, our funding level is at the 2002 levels. Mr. Achille noted the budget is always
in the hands of the residents - he encouraged residents to attend and voice their
concerns on issues that are important to them. He noted that what Mr. D'Agostino said
is alarming and added that public safety is as important to him as a parent as education
is.
Mr. D'Agostino noted that he will have more information next week for the Board. He
reminded his department heads that he wasn't asking them to reduce from level
funding, but rather increase only 3.9%. Mr. McCarter pointed out that we are in better
shape than some of the communities around here.
Mr. McCarter read the public hearing notice from The Sun Chronicle.
Motion: To open the public hearing
(McCarter - Amoruso) 3-0 Passes
Town Engineer John Sullivan and Asst. Town Engineer Rick Alves were present for the
hearing. Mr. Sullivan noted that he met with the Board several months ago and
presented a more detailed presentation. This has also been reviewed by Town
Counsel. The proposed stormwater management by-law is needed to provide authority
and regulations to address stormwater runoff control during and after construction. It is
also needed to clean up that presently get discharged into streams, rivers, ponds and
wetlands through the municipal drainage system. The by-law will also help to prevent
additional stormwater runoff pollution from new construction.
Mr. Sullivan went on to say that the by-law is in two parts: Part A: Illicit discharges to
drainage system and Part B, entitled the stormwater management and land disturbance.
Board of Selectmen Minutes of April 26, 2006
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The purpose of Part A is to regulate illicit connections and discharges to the municipal
storm drain system for the protection of Mansfield's water bodies and groundwater, and
to safeguard the public health, safety, welfare and the natural resources of the Town.
DPW will administer, implement and enforce this by-law. The main objectives are to
prevent pollutants from entering the drainage system and to establish legal authority to
ensure compliance. The main provisions are: prohibits the dumping or discharging of
pollutants into the drainage system, prohibits obstruction to normal stormwater flow,
criminal or non-criminal penalties of not more than $300/day and a 180-day transition
period. Exemptions include firefighting, state of emergencies, waterline flushing,
foundation drains or sump pumps, irrigation, residential car washing, low chlorine
swimming pool water, discharge during street sweeping and dye testing.
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Mr. Sullivan noted that the purpose of Part B is to provide the authority and permitting
procedures to control stormwater runoff during and after construction, so as to not
impair the Town's water quality, and to comply with the Town's EPAlDEP Stormwater
Permit. The Conservation Commission shall administer, implement and enforce this
part of the by-law. Projects falling under the Wetlands Protection Act would be exempt
from filing for a separate Land Disturbance Permit. The main objectives of Part B is to
protect water resources, control the volume and rate of stormwater runoff resulting from
land disturbance, ensure the adequate long-term operation and maintenance of
stormwater systems, and to establish the legal authority to ensure compliance. The
main provisions of Part B are: Conservation Commission will now review a Land
Disturbance Permit application for projects resulting in disturbance of an acre or more of
land; requires inspections and monthly reports during construction by the permitee;
requires a recorded operations and maintenance plan with certified annual reports; and
criminal or non-criminal penalties of not more than $300/day.
Mr. Sullivan said that the bylaw authorizes the creation of the stormwater management
regulations. He noted that this is the by-law that is before the Board and asks for the its
support. Mr. McCarter asked how the fine will be enforced. Mr. Sullivan said that the
Conservation Commission would enforce the fine and they are allowed to enforce the
fine under this by-law change. This general by-law change is based on the
Massachusetts model and a model from the Town of Walpole.
Mr. Achille asked for public comment, of which there was none.
Motion: To close the public hearing
(McCarter - Amoruso) 3-0 Passes
Motion: To support Article 32
(Amoruso - McCarter) 3-0 Passes
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Board of Selectmen Minutes of April 26, 2006
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Mr. McCarter:
. Asked about the status of the Tweeter license. Mr. D'Agostino noted that he and Mr.
Montgomery are meeting early next week.
Mr. McCarter presented a plaque to Mr. Achille and noted that Mr. Achille contributed a
lot as Selectman and Chairman and greatly respects him. Mr. McCarter will be sorry to
see him go. Mr. Amoruso noted that people have really appreciated Mr. Achille on the
Board and especially as Chairman. Mr. Amoruso will miss Mr. Achille and hopes that
Mr. Achille will remain involved in the Town.
Mr. Achille thanked the Board for the plaque. He has been humbled to serve the Town
on the Board. It has been a privilege to work with the staff and the other Board
members.
Motion: To adjourn at 9:30pm
(Amoruso) 3-0 Passes
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Signature of Clerk
??1? ~ 2~~~
Date of Approval
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Board of Selectmen Minutes of April 26, 2006
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