TOWN BOARD MEETING
 July 21, 2005

A regularly scheduled meeting of the Town of Esopus Town Board was held on Thursday, July 21st at the Town Hall in Port Ewen, New York at 7:30 PM with the following persons in attendance:

Supervisor Ray Rice
Councilman Gloria VanVliet
Councilman Wayne Freer
Councilman Michael Lange
Councilman Ernie Germano

Recording Administrator: Diane L. McCord, Town Clerk
Water & Sewer Supt. Donald Kiernan
Highway Supt. Al Larkin
Joseph Sills
Planning Board Chairman Russ Shultis
Gary Swinger
Kay VanTassell
Ginny Robinson
Vincent Fisher
Jim Lamb
Recording Administrator: Diane L. McCord, Town Clerk, RMC
Pledge to the Flag

The meeting was called to order by Supervisor Ray Rice at 7:30 PM.  The following announcements were made:

All swimming pools require a building permit
All multiple residence dwellings are required to be registered with the Town Clerk

Architects Presentation:

Joseph Hurwitz, Joseph Hurwitz & Associates

Joseph Hurwitz believed he was at a disadvantage in this presentation because Dennis Suraci from Mauri Associates is a fine architect and he has established a relationship so his question is why not just continue with him when you have already spent a sizeable fee already?  The question is why go through this process that is already done?  I am so concerned about having drawings done as part of the RFP.    Supervisor Rice gave some background information stating there had been three sights.  The Town already paid for a feasibility study which was needed to present to the state, however, this does not make this the final plan.

1.  Architect Hurwitz presented a history of the volume of work his firm has performed. References were given.
2.   A drawing of the Town Hall in Blooming-Grove was presented for review.  Architects must deal with contract documents and the level of comprehensiveness is vital.   They have done both contemporary and modern structures.
3.  Supervisor Rice asked what is your track record?  They always comes in on budget stated Mr. Hurwitz.  The most critical thing you can do on public work is to come in on budget.  They are used to handling SEQR.
4.  Councilman Gloria VanVliet asked as part of your design to do also design the parking lots,  etc?  We always lay out the first site plan.  The biggest issue on site plans is the parking.  Councilman VanVliet continued stating she understood the firm would be able to start immediately and the answer was yes.
5.  There are five people who work for the firm, Bob Hack for over 30 years and Jack over 20 years.
6.  Supervisor Rice asked if the firm had experience with green buildings?  This is a hard question to answer because alternative materials and alternative forms of energy.....you are always paying more.  You may recover your money in ten years down the line or it may be twenty years.  The major component is descent insulation, and proper windows.
7.  The Wicks Law kicks up everything twenty percent.
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Ron Cosentino, Silverman, Cosentino Associates

Two years ago Mr. Klein interviewed with Charlie Wesley for this project.  He has been associated with Cosentino Associates thirty-five years and they are a medium sized local firm.
They have completed 800 public works projects.  They do strictly public works:

1.  Track record is extensive.  All the their public works projects were completed on time.  Arlington High School was completed and occupied on time.  The total change orders were less than one percent.  The cost of the project was 44 million dollars with 98 acres of property.

2.   They believe in having multiple primes.  This gives you the best return on the dollar.  For
      example we needed to have lockers purchased for this school.  If we bid it as a separate
      prime we have the credentials of the company we purchase the lockers from and the credentials of the contractor who installs them.  At the same time we         save     you money.  The
      last project that was done had 15 to 16 primes.  This is not the job of a construction manager.
      The general contractor builds the building.  In a Town Hall project we would prime the roof
      contractor, the wiring for technology, fire alarms, the telephones, pavement and walks.
 
3.  We go to the job on a regular basis. The taxpayers money needs to be look after.  We are
      building for your construction dollars and for tomorrow’s maintenance budget..  The building         will last for years to come.

4.  We are heavy into on site contract administration.  Shop drawings are reviewed.

5.  You need to look over our track record.  All our references are from a completed job.

6.  We have a brochure for your review.  We will help with your bonding.   We will help with
      your public presentations.  On time, on budget, without litigation.

7.  When this job is done we want a letter from you saying you would hire us again for
      another job.

Supervisor Rice asked what is your opinion on green construction?  His experience is it costs too much.  The saving of energy can be done automatically.  Lighting is a tremendous heat load. and they would put in electronic ballast to save money.  If you have sufficient window lighting.....two level lighting so that it is controlled with the daylight it saves you.  It is not actually green architecture but it is our way of saving.  We put in the most efficient materials and most efficient materials.  What is the most efficient method of placing a roof on your building?  Simple construction is the answer.  We do not use ornate architecture.  We are putting on 12,000 sq. ft. on a Town Hall in Newburgh following the architecture that is there already.  A good design without wasted space.

Supervisor Rice asked what kind of talents their firm has?  Do you handle SEQR in house?  Yes, we have in house paperwork.  We have consultants we work with in civil engineering, structural engineering, electrical engineering, environmental engineering all of which are well versed in public works and they all have professional track records.  Municipal Law 103 governs the way you handle bids and there are a lot of things in it.  Contractors try different things and they have to be pinned down to deal with this law.  You must prevent change orders.  We don’t want them to create a paper trail to put in for delay.  No set of plans is perfect but we do our best and you can check our track records.

Councilman Germano - can you give us a ball park figure for cost of construction per square foot for municipal projects that would start six or eight months from now?  When you look at municipal projects.....contractors are looking to cover their bases.  They are looking at this in the context of looking at municipal loss...they know what they can get away with.  Those numbers are relative to the plans and specs.  There will be a range of costs.  In the current market there are several things that have happened.  The union wages are up.  The contractors and sub-contractors are now tied in to additional requirements so all the costs have gone up.  We have seen numbers at $128 a sq. ft. two years ago, the next year they are $148 a sq. ft.  Currently you could be looking at over $200 a sq. ft.  Depending on what happens next year....the numbers could come down....the market place dictates the costs.  In Feb. the numbers will be lower for that is the best time to bid a project when the contractors are looking for work.  Last January and February prices skyrocketed because of a shortage of steel and concrete.

Councilman Germano asked what kind of time line we would be looking at?  Realistically, your
sight has a lot of bedrock and that will alter some of the design.  We would want additional soil boring, what has been completed on the project?  If you have all your approvals in place we could be complete in approximately seven months from after being through contract negotiation.  The bidding process is four to five weeks.. What is your budget?

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 Dennis Suraci, Mauri Associates

Dennis Suraci was back to reaffirm his interest in this project.  We have worked together well since we started.  My firm and myself haveproven ourselves.  We have met the deadlines, the budget, the money we have saved you.  I am hoping we can continue our relationship.  I have listened to the other architects and agree with them.  The price of steel has gone up in the last six months and that will effect the original estimate.  When presented to the town people they have to understand that if the numbers come in lower you only bond what you need.  I am willing to go to all the public meetings.

Supervisor Rice asked how Mauri Associates handles SEQR, do you contract it out?  Yes, we contract out the mechanical, electrical and plumbing as well as storm water.  I have worked with Brinnier and Larios.  The time line......asked Supervisor Rice....six or seven months.  We would have to come up with another estimate and you can loose two months in that process. Once you establish your budget the design can start.  One of the ways to control the cost of the project is through deduct alternates.  There are items he could present to the Town Board that would reduce the cost and still provide an efficient system..  There is still an issue about the downstairs with the senior citizens that still has to be ironed out.  We may have to reduce the police portion of the building.  Those things have to be ironed out.  We are now out of timing with the DOT schedule.
Can you catch up? Yes.

Councilman Germano asked Dennis Suraci to reiterate who was in his firm and what his team consists of?  We have two registered architects, myself and my partner, we have five draft people
who are studying to get their licenses.  They have been with us for ten years.  We have three other graduates of Dutchess Community College.  We build a relationship with students and bring them back after they graduate.  They have to sit three to five years before taking their exams in order to get their experience.  We have an administrative assistant....we have our own printing.  For a position of this size two or three people would be working on this.  We always have work on the table.  There is always lag time as there has been over the last two or three months but with a staff of five it is not a problem.

Councilman Gloria VanVliet asked how many public projects have you completed?
We have done three jobs for Highland over the past twelve years, the Esopus Fire House,   Beacon, proposals for a Town Hall for Highland.  We are not unfamiliar with the Wicks Law.
Separate bonds are not fun.  I don’t like to do ten or fifteen bonds.  The more separate primes you have the more contracts, the more separate payments, the higher the cost.  If you can put everything under one general contractor the fees are lower.  Councilman Freer stated Architect
Suraci was inclined to go with less contracts.  He agreed you have to go with electrical, plumbing, mechanical and construction...that is the minimum but you don’t have to get a separate site contractor.  Councilman Freer continued, what about being on site?  Weekly or bi-weekly visits, once the shell gets up we may stretch it out to every three days.  At the end, you are there more frequently again.  Every meeting with the contractor...the schedule gets reviewed.  The manager becomes key to the architect for he is the supervisor.  You must answer questions within 24-48 hours.  I live in this neighborhood and I will probably be there daily, but typically you get hired to supervisor the job overlooking the contractor.  Will you have a clerk of the works?  The Board did not know.  Dennis Suraci said one person is in charge and that is me.  It is important we are there often.

Councilman VanVliet stated the first architect spoke about never having any cost overruns, have you had cost overruns.  If the architect can do a project without having any cost overruns....he is a miracle worker.  Overruns can go between $20,000 and up to $20 million if you aren’t going to have any change orders.  You can control the overruns by deduct alternates and negotiation with the contractors.  He believes in a good relationship with the contractors but they have to know they have to follow what is on the drawings.

Councilman VanVliet asked if in the design you provided for us did you consider energy savings in the construction of the building?  A lot of the code requires this now and Dennis Suraci has  been looking into NYCERTA and has heard it is more expensive to put in and the payback is within five to seven years.  The thing no one has added into this is the maintenance.  Your oil burner may be serviced twice a year and this new system is serviced twice a month.  Compare your maintenance costs.  Supervisor Rice spoke to the Supervisor in Rosendale and his comments were yes it works but the maintenance fee is much higher.  Councilman VanVliet said the design you have made someone mentioned there was a lot of wasted space in the hallways, etc.  We need hallways to walk and to try and get less than twenty percent it is tough.  Some space could be saved in the center court.

Resolutions:

1.  Reappoint Members to the Economic Development Review Committee

Be it Resolved, by the Town Board of the Town of Esopus, in the county of Ulster, as follows:

Whereas, the Town of Esopus was awarded a HUD Loan and Grant package as part of the HUD Canal Corridor Initiative, and,

Whereas, the Town Board formed as advisory committee to review loan applications submitted in response to the Towns solicitations for proposals for the Canal Corridor Initiative.

Therefore, Be it Resolved, the Esopus Town Board re-appoints the following individuals to the Economic Development Advisory Committee for a term ending 12/31/2005:

 Marshall Courtney, Chairman
 Steve DiSalvo
 Glenn Kubista
 James Dwyer

Resolution offered by Supervisor Ray Rice
Resolution seconded by Councilman Wayne Freer

Supervisor Ray Rice   Aye
Councilman Gloria VanVliet  Aye
Councilman Wayne Freer   Aye
Councilman Michael Lange  Aye
Councilman Ernie Germano  Aye

Resolution duly adopted.

2.  Resolution Authorizing Issuance of Bonds for Town Hall Construction

This is the next step to go forward with the financing of the new Town Hall.

 Town of Esopus
 Bond Resolution
 July 21, 2005
 Subject To A Permissive Resolution

A RESOLUTION AUTHORIZING THE CONSTRUCTION OF A TOWN HALL FACILITY, INCLUDING NECESSARY SITE WORK AND THE ACQUISITION AND INSTALLATION OF EQUIPMENT, MACHINERY AND APPARATUS FOR THE FOREGOING PURPOSE, AUTHORIZING THE ISSUANCE OF SERIAL BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,000,000 OF THE TOWN OF ESOPUS, ULSTER COUNTY, NEW YORK, PURSUANT TO THE LOCAL FINANCE LAW TO FINANCE SAID PURPOSE AND DELEGATING THE POWER TO ISSUE BOND ANTICIPATION NOTES IN ANTICIPATION OF THE SALE OF SUCH BONDS TO THE TOWN SUPERVISOR.

BE IT RESOLVED, BY THE Town Board of the Town of Esopus, Ulster County, New York (the “Town”) (by the favorable vote of not less than two-thirds of all the members of the Board) as follows:

Section 1.  The specific purpose (hereinafter referred to as “purpose”) to be financed pursuant to this resolution is the construction of a 20,000 +- square foot Town Hall facility on the site of the 25 acre Town property fronting on Rt. 9W, Port Ewen, New York, described as follows: Town Hall/Community Building, site improvements, site lighting, landscaping, storm
water treatment and management, and highway access improvements and the acquisition and installation of equipment, machinery and apparatus for the foregoing purpose.  The maximum cost of said purpose will not exceed $5,900,000.

Section 2.  The Town Board plans to finance the maximum estimated cost of said purpose by the issuance of serial bonds in an amount not to exceed $3,000,000 of said Town, hereby authorized to be issued therefore pursuant to the Local Finance Law.

Section 3.  It is hereby determined that said purpose is an object or purpose described in subdivision 11 (a) of paragraph (a) of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of said purpose is thirty (30) years.

Section 4.  Current funds are not required to be provided prior to the issuance of the bonds authorized by this resolution or any notes issued in anticipation of the sale of said bonds.

Section 5.  It is hereby determined the proposed maturity off the obligations authorized by this resolution will be in excess of five years.

Section 6.  The faith and credit of said Town are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable.  An annual appropriation shall be mad each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year.  There shall annually be levied on all the taxable real property of said Town a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable.

Section 7.  Subject to the provisions of this resolution and of the Local Finance Law, pursuant to the provisions of Section 30.00 relative to the authorization of the issuance of bond anticipation notes or the renewals of said notes and of Section 21.00, Section 50.00, Sections 56.00 to 60.00, Section 62.00 and Section 63.00 of the Local Finance Law, the powers and duties
of the Town Board pertaining or incidental to the sale and issuance of the obligations herein authorized, including but not limited to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said notes, are hereby delegated to the Town Supervisor, the chief fiscal officer of the Town.

Section 8.  The temporary use of available funds of the Town, not immediately required for the purpose or purposes for which the same were borrowed, raised or otherwise created, is hereby authorized pursuant to Section 165.10 of the Local Finance Law, for the capital purposes described in Section 1 of this resolution.  The Town then reasonably expects to reimburse such expenditure with the proceeds of the bonds or bond anticipation notes authorized by Section 2 of
this resolution.  This resolution shall constitute the declaration of the Town’s “official intent” to reimburse the expenditures authorized by Section 1 hereof with the proceeds of the bonds and notes authorized herein, as required by United States Treasury Regulations Section 1.150-2.

Section 9.  The Town Supervisor is further authorized to take such actions and execute such documents as may be necessary to ensure the continued status of the interest on the bonds authorized by this resolution, and any notes issued in anticipation thereof, as excludable from gross income for federal income tax purposes pursuant to Section 03 of the Internal Revenue Code of 1986, as amended (the “code”) and to designate the bonds authorized by this resolution, and any notes issued in anticipation thereof as “qualified tax-exempt bonds” in accordance with Section 265 (b) (3) (B) (i) of the Code.

Section 10.  The Town Supervisor is further authorized to enter into a continuing disclosure agreement with the initial purchaser of the bonds or notes authorized by this resolution, containing provisions which are satisfactory to such purchase in compliance with the provisions of Rule 15c12-12, promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.

Section 11.  The validity of said serial bonds or of any bond anticipation notes issued in anticipation of the sale of said serial bonds may be contested only if:

(1) (a) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or

     (b) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication; or

Section 12.  The Town Clerk is hereby authorized and directed to publish this resolution, or a summary thereof, together with a notice in substantially the form provided by Section 81.00 of said Local Finance Law, in the official newspaper or newspapers of the Town.

Section 13.  This resolution is adopted subject to permissive referendum pursuant to Section 35.00 of the Local Finance Law.

The question of the adoption of the foregoing resolution was duly put to vote on a roll call, which resulted as follows:

The Resolution was offered by Supervisor Ray Rice
The Resolution was seconded by Councilman Wayne Freer
 
Supervisor Ray Rice   Aye
Councilman Gloria VanVliet  Aye
Councilman Wayne Freer   Aye
Councilman Michael Lange  Aye
Councilman Ernie Germano  Aye

Resolution duly adopted.

Supervisor Rice stated this would be the authorization to go to bond for a twenty year period.  Based on current figures the impact to our current taxpayers would be a 40 cent increase to our current taxes.  For a Port Ewen resident with a $100,000 assessment the taxes this year were $3,104 with this bond payoff it would $3,144. Or a 40 cent increase.  Currently our Library gets $.33 per thousand.  This is a 1.3% increase in our total property tax.  Total tax bill.  Residents of the Port Ewen residents....this year we are paying off the bond on the sewers and as a result a drop in the total taxes will be $.65 per thousand.  Net effect is no effect.  This should be a relatively painless way of financing this Town Hall.

Councilman VanVliet said we are going to bond for three million but that does not mean we will use the three million.  This establishes the cap.

Roscoe Pecora: Is this going to a vote?  This is a permissive resolution.

3.  Resolution to Authorize Adjustments to the 2005 Budget

Be it Resolved, by the Town Board of the Town of Esopus, in the County of Ulster, as follows:

Whereas, adjustments to the 2005 budget are required in order to properly reflect changes in certain accounts,

Therefore, Be it Resolved, that the Town Board authorizes the transfer of the following amounts from the indicated accounts and Fund Balances to the indicated active accounts.

From:      Amt.:  To:

A1990.4 Contingency  $   166.00  A3310.4 Traffic Signs
A1990.4    $   166.84  A3410.4 Fire Inspector Ad
A1990.4    $1,161.34  A7140.1 Rec. Program Pers. Serv.

Resolution offered by Supervisor Ray Rice
Resolution seconded by Councilman Gloria VanVliet

Supervisor Ray Rice   Aye
Councilman Gloria VanVliet  Aye
Councilman Wayne Freer   Aye
Councilman Michael Lange  Aye
Councilman Ernie Germano  Aye

Resolution duly adopted.

4.  Resolution Authorizing the Payment of bills Received Since the June Board Meeting

Be it Resolved, by the Town Board of the Town of Esopus, County of Ulster as follows:

Whereas, the Town of Esopus has been presented with vouchers for payment and these vouchers have been examined and approved by the town board,

Now, Therefore, Be it Resolved, that the following vouchers be approved for payment:

General Fund  #051417-051489  $28,814.99
Highway Fund  #052177-052215  $22,284.04
Street Lighting  #056007   $ 3,328.30
Port Ewen Sewer  #053082-053094  $18,022.91
Port Ewen Water  #054182-054210  $40,656.33

Total.....................................................................................$113,106.57

Resolution offered by Supervisor Ray Rice
Resolution seconded by Councilman Michael Lange

Supervisor Ray Rice  Aye
Councilman Gloria VanVliet Aye
Councilman Wayne Freer  Aye
Councilman Michael Lange Aye
Councilman Ernie Germano Aye

Resolution duly adopted.

5.  Motion to Accept the Minutes of the June Board Meetings

A Motion to accept the minutes of the previous meetings was made by Supervisor Ray Rice and seconded by Councilman Wayne Freer.  All Town Board Members voted in favor.  Motion Carried.

Public Comment:

Vince Fisher: Does the Town Board plan to have public input on choosing an architect?  Will you make a decision yourself or will you receive public input?  Supervisor Rice said this is a decision to be made by the Town Board, that is why we were elected.  Supervisor didn’t know if a decision would be made this evening, however, he was in favor of moving forward since it was the consensus between the  architects that it will take six or seven months or more to be in the position to go to bid.  If the Board is not in the position to make a decision this evening a Special Meeting will be held next Wednesday to work on this decision.

Councilman Freer agreed the decision should be made by the Board.  We have listened to several different architects and there are a lot of notes for us to digest and we may have five different opinions now.  Vince Fisher commented there are probably many town residents that are more qualified to evaluate those architects than this Board.  Granted you are elected representatives and the final decision is yours but it seems to me you should seek the advise of those that are more qualified this would be a wise choice.

Councilman VanVliet agreed it is up to the Town Board to make this decision for the architect.

Joe Sills: The fact that some of the architects specialize in certain types of structures maybe a considerable amount of time should be given to them and not jump too quickly.

Councilman Germano said he was not ready to make a decision tonight and was not sure whether he could make one by next Wednesday night.  He would not be opposed to any residents who have expertise in this field.  He would like to speak with them and see if they could offer any assistance in formulating a decision.  He always makes a decision based on other ideas and he would be open to that.

Councilman Freer said we are not selecting drawings or designs, we are selecting an architectual firm that we feel is capable, has a track record and is known to the area for their public buildings.  It is unfair to look at drawings at this time.  We should look at the firms, we should look at their background and what they can do architecturally.  The Town Board will tell the architect what we want.  We need to look at the nuts and bolts of the architectural firm to see if they can handle this project and their track record.

Vince Fisher: After the architect is chosen there will be public input as to the design.  Yes.
Councilman Freer is looking at how long they have been in business.  I would like to go see some of their work and check their references.

Roscoe Pecora: In choosing an architect you did not request a conceptual design?  You are not making this part of the process?  Councilman Freer said that was correct.   That is one approach.

6.  Purchase of Truck for Highway Dept.

Supervisor Rice brought up the issue of purchasing a truck for the Highway Dept. and there is enough in the fund balance to cover the cost.  This should be included in the Highway budget in the future under Capital Items.  Is there any problem with his going forward to purchase this truck?  The costs is $42,000 to $44,000 and change.  Councilman Freer said there should be funding in place to replace the equipment.  It is not the question it is needed, however, there should be provisions made in the future under capital costs to provide for new equipment.
The consensus of the Town Board was to purchase the new truck.

7.  Recreation Concerns

A letter has been received with recreational concerns.

Councilman Lange brought up a concern about the bees at the park at the beach.  Supervisor Rice gave this problem to our Recreation representative Dan Vedder.  The bees frequently build nests in the playground equipment.
 
Councilman VanVliet asked about the wood chips on the playground.  These chips are ordered and they are very special chips.  There is an order in progress with a shipment to be delivered to Freer Beach and distributed to other locations.  Councilman VanVliet asked about the horse shoe pit needing dirt.  We will advise the maintenance people about this.  Supervisor Rice did not think this would be noticeable unless you were playing horse shoes.  Councilman VanVliet asked about the Park Program and trash being left on Fridays’.  Supervisor Rice said that may be a matter of opinion between the parties involved.

Roscoe Pecora: Concerning the Permissive Referendum.....earlier you stated the residents in the Sewer District would see a drop of $.65 per thousand.  What has the Town Board done to request from the Water Dept. what the future needs will be?  Supervisor Rice answered Supt. Don Kiernan has a list of future needs.  Roscoe Pecora asked what would that list cost?  He thinks it is fair to say that the $.65 is an inaccurate picture because of the future expenses in the district.

The correspondence and reports of committees are on file:

Town Clerks Report dated April, May, and June 2005
Building Report dated April, May and June 2005
Minutes of the Town of Esopus Planning Board Work Shop Meeting dated June 9, 2005
Monthly Report of the Port Ewen Water/Sewer District dated May 2005
Planning Board Minutes dated April 28, 2005 and May 26, 2005
Zoning Board of Appeals Minutes dated May 17, 2005
Assessor’s Monthly Report dated May 2005

Orlando Landi has worked for the Port Ewen Water and Sewer Dept. for thirty years.   There will be a Retirement Party for Butch Landi on Saturday, October 15th at the LaMirage Restaurant.  The cost is $25.00.

A motion to adjourn was made by Supervisor Ray Rice at 9:20 PM and seconded by Councilman Ernie Germano.  All Town Board Members voted in favor.  Motion Carried.

Respectfully submitted,

Diane L. McCord
Town Clerk, RMC