TC Minutes 04-26-1983MINUTES OF THE REGULAR
AVON TOWN COUNCIL MEETING
APRIL 26, 1983 - 7:30 P.M.
The regular meeting of the Town Council of the Town of Avon, Colorado was
held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers.
The meeting was called to order by Mayor Allan Nottingham at 7:40 p.m. A roll call
was taken with Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and
Don Buick present. Also present were Town Attorney John Dunn, Town Manager Richard D.
Blodgett, Finance Director Bill James, Director of Public Works Norm Wood, Planning
Director Dick Kvach, Building Administrator Dick Evans as well as members of the press
and public.
The Mayor called for citizen input.
Bill Andree, Colorado Division of Wildlife approached the Council. Mr. Andree presented
the Council with a copy of the Agreement between the Division of Wildlife and the
Town of Avon. He addressed the stocking of fish in Nottingham Lake. He stated that the
Lake would be stocked with the fish possibly in May and June, 1983. He discussed the
problem of vegetation in the lake and the use of Copper Sulfate to relieve the problem.
They would be stocking the lake with Rainbow Trout at this time. After discussion the
Mayor thanked Mr. Andree for coming.
There being no further Citizen Input the Mayor closed discussion.
Second reading of Ordinance No.#8:3-10, Series of 1983, AN ORDINANCE CONCERNED WITH DEFINING
THE TERM "LOCK-OFF", INCLUDING THE USE OF PROPERTY AS "LOCK-OFF" IN VARIOUS ZONE DISTRICTS
CONCERNED WITH ESTABLISHING AND AMENDING OFFSTREET PARKING REQUIREMENTS, AND PROVIDING
PENALTIES FOR THE VIOLATION THEREOF.
The Mayor opened the meeting for public hearing. There being no one wishing to be heard
the Mayor closed the public hearing. Sheila Davis moved approval of Ordinance No.#83-10,
Series of 1983 on second reading. The motion was seconded by Al Connell. Those
Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells,
Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried.
Second reading of Ordinance No.#83-17, Series of 1983, AN ORDINANCE AMENDING THE CHARTER
OF THE TOWN OF AVON AS IT PERTAINS TO TOWN COUNCIL VACANCIES AND PROVIDING FOR AN
ELECTION IN REGARD THERETO.
The Mayor opened the meeting for public hearing. There being no one wishing to be heard
the Mayor closed the public hearing. Al Connell moved approval of Ordinance No.#83-17,
Series of 1983, on second reading. The motion was seconded by Sheila Davis. Those
Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells,
Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried.
Second reading of Ordinance No.#83-18, Series of 1983, AN ORDINANCE AMENDING CHAPTER
12.04, OF THE AVON MUNICIPAL CODE AS IT PERTAINS TO ADMINISTRATION THEREOF, CHANGING
OTHER DETAIL THEREOF, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
The Mayor opened the meeting for public hearing. There being no one wishing to be heard
the Mayor closed the public hearing. Larry Kumpost moved approval of Ordinance No.#83-18,
Series of 1983 on second reading. The motion was seconded by Greg Gage. Those
Councilmembers voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells,
Al Connell and Don Buick. There were no nay votes. The motion was unanimously carried.
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First reading of Ordinance No.#83-19, Series of 1983, AN ORDINANCE GRANTING A FRANCHISE
BY THE TOWN OF AVON, COLORADO TO ROCKY MOUNTAIN NATURAL GAS COMPANY, INC., ITS SUCCESSORS
AND ASSIGNS, TO LOCATE, BUILD, CONSTRUCT, ACQUIRE, PURCHASE, EXTEND, MAINTAIN AND
OPERATE INTO, WITHIN AND THROUGH THE TOWN OF AVON, EAGLE COUNTY, COLORADO, A PLANT OR
PLANTS, AND WORKS FOR THE PURCHASE OF GAS, EITHER NATURAL, ARTIFICIAL, OR MIXED, AND TO
FURNISH, SELL AND DISTRIBUTE SAID GAS TO THE TOWN OF AVON, AND THE INHABITANTS HEREOF, FOR
HEATING, COOKING, OR OTHER PURPOSES BY MEANS OF PIPES, MAINS, OR OTHERWISE, OVER, UNDER,
ALONG, ACROSS AND THROUGH ANY AND ALL STREETS, ALLEYS, VIADUCTS, BRIDGES, ROADS, LANES AND
OTHER PUBLIC WAYS AND PLACES IN SAID TOWN OF AVON AND FIXING THE TERMS AND CONDITIONS THEREOF.
Al Connell moved approval of Ordinance No.#83-19, Series of 1983 on first reading.
The motion was seconded by Sheila Davis.
The Mayor called for discussion.
Paul Swift, attorney, stated that on page 2, before section 2, the second line, change
"well" to dwelling." He stated other than that the document contains all the corrected
language that was previously discussed (see the minutes of April 12, 1983). After
discussion Al Connell moved to amend the motion to include the change. The amended motion
was seconded by A.J. Wells.
There being no further discussion the Mayor called for a roll call. Those Councilmembers
voting aye were: Larry Kumpost, Sheila Davis, Greg Gage, A.J. Wells, Al Connell and
Don Buick. There were no nay votes. The motion was unanimously- carried.
First reading of Ordinance No.#83-20, Series of 1983, AN ORDINANCE GRANTING A FRANCHISE
BY THE TOWN OF AVON, COLORADO, TO PUBLIC SERVICE COMPANY OF COLORADO, ITS SUCCESSORS AND
ASSIGNS, TO LOCATE, BUILD, CONSTRUCT, ACQUIRE, PURCHASE, EXTEND, MAINTAIN AND OPERATE INTO,
WITHIN AND THROUGH THE TOWN OF AVON, EAGLE COUNTY, COLORADO, A PLANT OR PLANTS, AND WORKS
FOR THE PURCHASE OF GAS, EITHER NATURAL, ARTIFICIAL, OR MIXED, AND TO FURNISH, SELL AND
DISTRIBUTE SAID GAS TO THE TOWN OF AVON AND THE INHABITANTS THEREOF, FOR HEATING,000KING,
OR OTHER PURPOSES BY MEANS OF PIPES, MAINS, OR OTHERWISE, OVER, UNDER, ALONG, ACROSS, AND
THROUGH ANY AND ALL STREETS, ALLEYS, VIADUCTS, BRIDGES, ROADS, LANES AND OTHER PUBLIC WAYS
AND PLACES IN SAID TOWN OF AVON AND FIXING THE TERMS AND CONDITIONS THEREOF.
Sheila Davis moved approval of Ordinance No.#83-20, Series of 1983 on first reading.
The motion was seconded by Al Connell.
The Mayor called for discussion.
At that point Gary Hall, representative of Public Service, presented the Council with a
revised copy of the ordinance.
Paul Swift stated he had reviewed the document to determine whether it was consistant with
the Model Franchise Agreement. He stated that the proposed ordinance does contain all the
language that was discussed in the Model. The only difference between the Rocky.Mountain
Gas document and the Public Service document was contained on page 10, section I, Article V,
Public Service proposes to pay the franchise fee on a monthly basis on or before the 30th
of each month whereas Rocky Mountain Gas Company's ordinance provides for estimated
payments and then adjustments.
After discussion Sheila Davis amended her motion to adopt the corrected Ordinance No.#83-20
submitted by Public Service. The amended motion was seconded by Al Connell. The Mayor
closed the discussion. Those Councilmembers voting aye were: Larry Kumpost, Sheila Davis,
Greg Gage, A.J. Wells, Al Connell and Don Buick. There were no nay votes. The motion
was unanimously carried.
First reading of Ordinance N.#83-21, Series of 1983, AN ORDINANCE PROVIDING FOR THE
AMENDMENT OF THE ZONING CODE OF THE TOWN OF AVON BY THE AMENDMENT OF THE ORDINANCE
ESTABLISHING SPECIALLY PLANNED AREAS IN THE BUCK CREEK AND SWIFT GULCH AREAS OF THE TOWN
OF AVON.
Be it noted that Mayor Allan Nottingham and A.J. Wells stepped down because of conflict
of interest.
Mayor Pro-Tem, Sheila Davis then proceeded with the meeting.
The Mayor Pro-Tem called for discussion.
Larry Goad representing ti,Tildridge Development Company approached the Council. He requested
that Council consider discussing not only the ordinance at this time, but also the three
items under new business of the agenda, these items being, 1) Swift Gulch SPA Zone District
Plat Amendment, waiver of notice requirement of 15 days to 13 days; 2) Swift Gulch Road,
Variance for curves and grades; 3) Sketch Plan for Buck Creek Lots #5, 52A, 52B, Block #1,
Benchmark at Beaver Creek Subdivision. The Council agreed.
Don Buick moved approval of the waiver notice requirement of 15 days to allow 1' days notice
of public hearing before the Design Review Board at the April 28, 1983 meeting. The motion
was seconded by Al Connell. The motion was carried with Allan Nottingham and A.J. Wells
abstaining.
Mr. Goad then discussed the sketch Plan for the replat of Lots #5, 52A, 52B, Block #1, BBC.
The replat includes moving Buck Creek Road back to its original location and realigning
Swift Gulch Road so that it intersects Nottingham Road rather than Buck Creek Road. Mr.
Goad discussed the variance for street grades and curve radius for Swift Gulch Road. He was
requesting a variance to allow a centerline curve radius of a minimum of 110 feet and a
maximum grade of 8% within approximately the first 600 feet of Swift Gulch Road measured from
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Nottingham Road. Mayor Pro-Tem suggested that Council move approval of Resolution No.#83-19,
Series of 1983. Greg Gage moved to adopt Resolution No.#83-19, Series of 1983. The
motion was seconded by Larry Kumpost.
The Mayor Pro-Tem called for discussion.
George Rosenberg representing Wildridge Development Company, stated he had concern with
Items #3,4,5. Item #3 regarding a dedication of right-of-way, felt it could be resolved if
it were changed to read, "easement." Item #4, Mr. Rosenberg had concern of the wording "that
all future plats must comply with the subdivision regulations in effect at the time the
plat is submitted." Mr. Kvach stated he would have no problem with adding the wordage to #4
so that it reads, "all future plats submitted one year from the date of the adoption of this
ordinance." Mr. Rosenberg agreed. Item #5, Mr. Rosenberg felt that that was for description
purposes as a demarcation line in connection with zoning. He stated he felt it had nothing
to do with subdivision and felt that item #5 was not necessary.
Mr. Goad stated that if that was a recommendation and not a requirement, he had no problem
with it. Mr. Kvach confirmed that it was only a recommendation. After discussion of the
different changes in the Resolution, Larry Kumpost moved to amend Resolution No.#83-19' that
in paragraph #3 strike "in right-of-way", and replace it with "easement for road purposes",
strike the word "this" and add, "The temporary 5 foot easement", add a new sentence at the
end of #3 which will read, "All setbacks and area calculations shall be calculated from the
existing property line, said easement shall not affect area or setback calculation." In
paragraph #4 that sentence should read, "That all future plats submitted after one year
from the date of adoption of this Resolution shall comply with the subdivision regulations
in effect at that time," that the Resolution be signed by the Mayor Pro-Tem. The amended
motion was seconded by Greg Gage. The motion was carried with Allan Nottingham and A.J. Wells
abstaining.
The Mayor Pro-Tem called for a vote for the main motion.
The motion was carried with Allan Nottingham and A.J. Wells abstaining.
The Mayor Pro-Tem called for a motion to approve Resolution No.#83-18, Series of 1983,
regarding the curves and grades of Swift Gulch Road. Mr. Goad stated that they had requested
a variance to allow a grade up to 8%. Staff recommended increasing up to a maximum of 7.25%,
however, also recommended that they try to keep the grades under 7%. Mr. Goad agreed with
this. It was requested that this Resolution be signed by the Mayor Pro-Tem.
Don Buick moved approval of Resolution No.#83-18, Series of 1983 having the Resolution
signed by the Mayor Pro-Tem. The motion was seconded by Al Connell. The motion was carried
with Allan Nottingham and A.J. Wells abstaining.
The Council then referred back to Ordinance No.#83-21.
Mr. Goad stated that there were a few changes to the ordinance. On page 1, paragraph 1,
change "Colorado Corporation", to "Colorado Partnership", page 2, section 1, it was
requested to include as an allowable use, commercial as it relates to the residential and
possible hotel/lodge units, in section 2, he was requesting clarification under item B,
to add after the words, "assessory uses", "commerical uses as allowed in the Neighborhood
Commerical (NC) Zone District, to include but not limited to", page 3, the top paragraph
after the first sentence add, "that provided however, of the present Lot #52A legal
description is eliminated as a result of subsequent replating, in the said event, the
underline real property shall be deemed to have the same zoning as the property to which it
(52A) has been platted as of part of Mr. Goad requested that the last two sentences
of that paragraph be deleted. Those sentences read, "Also, provided, the developer of any
parcel requesting access off Buck Creek Road on Nottingham Road shall be responsible
for the construction and costs of installation of left turn lanes and/or deceleration lanes
as required by the Town Engineer. Such facilities shall be constructed to standard town
specifications". He requested that the ordinance be signed by the Mayor Pro-Tem. There
being no further discussion the Mayor Pro-Tem called for a motion. Greg Gage moved
approval of Ordinance No.#83-21, Series of 1983 on first reading as to be amended. The
motion was seconded by Al Connell. Those Councilmembers voting aye were: Larry Kumpost,
Greg Gage, Al Connell and Don Buick. There were no nay votes. Allan Nottingham and
A.J. Wells abstained. The motion carried.
Mayor Nottingham resumed his seat as Mayor and A. J. Wells resumed is seat as Councilman.
First reading of Ordinance No.#83-22, Series of 1983, AN ORDINANCE AMENDING ORDINANCE
NO. #79-16, SERIES OF 1979 TO PROVIDE A NEW RATE SCHEDULE FOR ROCKY MOUNTAIN CABLE TV, INC.
Be it noted that Sheila Davis stepped down because of conflict of interest.
Jerry Davis, General Manager of Rocky Mountain Cable TV, Inc., approached the Council. He
stated that Darrell Davis was also present. Mr. Davis is the Head Technician and also
a principle person at Rocky Mountain Cable. Mr. Davis presented the Council with a check in the
amount of $3,603.80, for the 1982 franchise fee. The amount was based on 2% franchise fee.
Mr. Davis then proceeded. He was requesting a proposed rate increase of $2.00 for basic
from $11.00 to $13.00. This represents an 11% increase for basic TV services or $1.25 and
7% for the FM or $.75. These percentages are based on a period of 20 months.
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Mr. Davis then reviewed the proposal with the Council. He stated that they would be
adding at least three more channels, possibly five.
After discussion of the proposal, Larry Kumpost moved approval of Ordinance No.#83-22,
Series of 1983 on first reading. The motion was seconded by Al Connell. At that point
the Town Attorney stated that there was a technical problem, the proposed ordinance amends
Ordinance No.#79-16, Series of 1979. He stated that the previous amendment to Ordinance
No.#79-16, which was adopted in 1981, needs to be repealed. Mr. Dunn suggested that
there be a Section 3 be added stating that Ordinance No.#81-31 is hereby repealed. Larry
Kumpost moved to have the Town Attorney amend Ordinance No.#83-22, Series of 1983 to include
Section 3, which repeals Ordinance No. #81-31. The motion was seconded by Al Connell and
was carried with Sheila Davis abstaining.
There being no further discussion, the Council then voted on the main motion. Those
Councilmembers voting aye were: Larry Kumpost, Greg Gage, A.J. Wells, Al Connell and
Don Buick. There were no nay votes. Sheila Davis abstained. The motion carried.
Mr. Davis requested that Section #20 of the Franchise Agreement be changed to clarify
that it was illegal for anyone to illegally hook on the Cable. This was a concern of
the Prosecuting Attorney Art Abplanalp. Mr. Davis was requesting that the Council authorize
the attorney to change the wording in Ordinance No.#79-16, Section #20. It was agreed.
Paul Swift approached the Council, He discussed the publication time of the gas franchise
ordinances for both Public Service and Rocky Mountain Gas Co. He stated that there needs
to be two full weeks of publication prior to second reading. He stated there could be a
Special Meeting called for second reading if need be.
Mr. Swift then discussed the PUC License for bus service. He stated that there were four
possibilities for providing bus service; 1) call and demand; 2) for hire; 3) within or
without town boundaries. There were four circumstances whereby the town could provide
bus service; 1) the town could operate a bus system if the town owns the buses if they are
run within the town limits; 2) could contract with one who has a franchise; 3) could form
a Special District for transportation purposes; 4) could apply to the PUC for a certificate
of conveyance.and necessity to operate a bus system. That then would require that the
town file an application, describe the location, the equipment, describe the type of
service, indicate an expense basis in which it would operate, the revenues that the town
would derive and the expenses that the town would incur.
The Mayor asked Mr. Swift about the transferring of the PUC License of the Lift Bus Service.
After discussion of this matter the Council requested that Mr. Swift pursue and research
the transfer of the Lift License and to contact Mr. Blodgett with the results.
The Comprehensive Plan was discussed and the selection of a consultant. After
discussion, Larry Kumpost moved to authorize Dick Kvach to proceed with refining the work
program with Plum Street Associates. The motion was seconded by Sheila Davis. The motion
was unanimously carried.
The advertising sign in the bus shelter was discussed. The Design Review Board was
recommending that the sign be allowed to be placed in the bus shelter, but that the design
of the sign has not yet been approved. Sheila Davis moved approval of the concept of the
of the sign. The motion was seconded by Larry Kumpost and was unanimously carried.
The Town Center Mall and the Avon Road Beautification were discussed. The Town Manager
stated that the report from Finance Director Bill James, indicated the town's contribution
of $226,00.00, could be used for other purposes, mainly for beautification improvements
on Avon Road. He stated after the work session that afternoon there was a concensus of
the Council that the town should proceed as quickly as possible to start with the
beautification of the town. It was suggested that the Council have a Special Meeting within
a week's time to go over the design proposals.
Councilman Kumpost recapped the discussion of the Avon Town Center Mall that Council had
earlier in the work session. After reviewing with Norm Wood, the situation of Denton, Harper,
Marshall, he recommended that the town terminate the relationship with Denton, Harper,
Marshall, and to verify with the Town Attorney of how the town should handle the termination.
He stated that after reviewing the current situation of the mall it was apparent that the
grades do not conform with either the Phase II design as it was originally designed, it does
not conform to the Phase I plan and thirdly, it does not quite conform to the ice skating
layout. He stated, based on that, he would suggest a meeting with the Mall Committee and
receive their approval and to redesign the mall so that it maintains the existing grades as
they are now and the cost saving in terms of earth work should offset additional redesign
fees. He stated that Norm Wood was reviewing the letter from the person doing contract
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labor to provide services in a separate contract to redesign that end of the mall. It
was suggested that the town try to claim the overpayment that was paid to Denton, Harper
Marshall in the amount of $2,612.22.
Mr. Kumpost stated he thought the letter of termination should be drafted by Norm Wood
and then reviewed by the Town Attorney.
After discussion Sheila Davis moved to instruct Dick Blodgett to go to the Mall Committee
to ask them to terminate Denton, Harper, Marshall and to ask them about the redesign of
the mall to redesign the west end of the mall, to maintain the existing grades to the extent
possible and also request that Denton, Harper, Marshall send a check in the amount of
$2,612.22. The motion was seconded by Al Connell and was uanimously carried.
The Council set next Tuesday, May 3, 1983, as a Special Meeting at 6:30 p.m. to 7:30 p.m.,
to discuss the town beautification and also the Avon Town Center Mall.
A.J. Wells moved to accept the proposal of Norm Wood regarding the Phase II redesign setforth
in the memorandum of April 25,1983 subject to approval of the mall committee. The motion was
seconded by Larry Kumpost and was unanimously carried by the Council.
It was requested that the Town Attorney draft an agreement that would allow all the bond
proceeds to be spent on improvements to the east and west end of the mall and to have the
consent and signatures of all the Avon Town Center Mall property owners.
A.J. Wells moved to approve the refund i
Marty Jones. The motion was seconded by
A.J. Wells moved to continue the Council
The motion was seconded by Larry Kumpost
recessed at 9:47 p.m.
the amount of $400.00 to the Planters of Vail,
Al Connell and was unanimously carried.
Meeting after the Liquor Licensing Authority Meeting.
and was unanimously carried. The Council
The Council convened at 10:15 p.m.
The 61st Annual conference of the Colorado Municipal League (CML) was discussed. The
Mayor stated that any of the Councilmembers wishing to attend the conference to let the
staff know so that reservations could be made.
The Northwest Colorado Council of Governments (NWCCOG) A-95 was discussed. The Council was
requested to view their opinion on Very-High Frequency Omni-Directional Range (VOR).
After discussion the Council voted favorably.
Sheila Davis moved to direct the Mayor to sign the A-95. The motion was seconded by
Don Buick and was unanimously carried by the Council.
The Mayor reported on the CML requesting immediate action on S.B. 211, which is Antitrust
Immunity for Local Government Land Use Activities; H.B. 1206, Highway Financing; H.B. 1529
State Preemption of Local Weapon Controls (opposing); H.B. 1538, Limitation on Municipal
Condemnation Powers (opposing). The Mayor requested that a Resolution on each of these
items be drafted and a copy sent to the Senators and Representatives of Colorado. Don Buick
moved to authorize that Resolutions be drafted conforming with the CML recommendations.
The motion was seconded by Al Connell and was unanimously carried by the Council.
The Town Attorney reported that Beaver Creek Metropolitan District has agreed to share the
expense of his attending the NIMLO Conference.
The Town Attorney discussed the regulating of time-share solicitation in the town. The
Town Manager stated that there was another company that has come into town, does not have
a time-share project in town, but has opened up an office to sell time-share, they are not
regulated in any way. He felt that the town may have to have an ordinance so that
uniformity would apply to everyone involved in time-share.
It was recommended that the Town Attorney review the material that Dennis Cole has compiled
"'from Florida in regards to time-share.
Larry Kumpost moved to direct staff to prepare a letter showing support for the continued
investigation of the bus service from Manuel Aldea. The motion was seconded by Sheila Davis
and was unanimously carried.
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Resolution No.#83-17, Series of 1983, Proclaiming May 8-14, 1983 as Municipal Clerk's Week.
Don Buick moved approval of Resolution No.#83-17, Series of 1983. The motion was seconded
by Al Connell and was unanimously carried.
The Financial Matters were next presented to the Council.
A.J. Wells moved to receive items #1 through #7 of the Financial Matters of April 26, 1983.
The motion was seconded by Larry Kumpost and was unanimously carried by the Council.
Greg Gage moved approval of the General Fund Accounts Payable of April 26, 1983, holding
the check of Hensel Phelps until Denton, Harper, Marshall confirms that a few of the items
have been completed. The motion was seconded by Sheila Davis and was unanimously carried.
Sheila Davis moved approval of the Transit Fund Accounts Payable in the amount of
$107.74, and the Mall Construction Fund Accounts Payable in the amount of $76,995.63. The
motion was seconded by A.J. Wells and was unanimously carried.
Sheila Davis moved approval of the Reconciliation Sheet of Accounts Payable of April 26, 1983.
The motion was seconded by A.J. Wells and was unanimously carried.
The mintues of the April 12, 1983 meeting was next presented to the Council
Sheila Davis moved approval of the April 12, 1983 minutes with these corrections, page 2,
paragraph 3 add an (e) to the word (none), page 6, paragraph 8, add "Accounts Payable,"
with those corrections Larry Kumpost seconded the motion and was unanimously carried.
Dick Kvach stated that he had not received any more applications for the vacancy of the
P & Z . He stated that Cable TV was running an ad for the vacancy until Wednesday
April 27, 1983.
There being no further business Larry Kumpost moved to adjourn. The motion was seconded
by Al Connell. The Mayor adjourned the meeting at 10:55 p.m.
Res.pe~tfully Submitted:
Patricia J. Doyl , Town Clerk
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