A Meeting of the Town Board of the Town of Orchard Park, Erie County, New York, was held at the Orchard Park Municipal Center, S4295 South Buffalo Street, Orchard Park, New York on the 15th day of February 2006 at 7:00 P.M., (local time). The meeting was called to order by the Supervisor and there were:
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PRESENT AT ROLL CALL: |
Mary Travers Murphy |
Supervisor |
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Nancy W. Ackerman |
Councilwoman |
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Stanley A. Jemiolo, Jr. |
Councilman |
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David R. Kaczor |
Councilman |
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Mark C. Dietrick |
Councilman |
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Janis Colarusso |
Town Clerk |
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Leonard Berkowitz |
Town Attorney |
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Andrew Geist |
Building Inspector |
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Samuel McCune |
Chief of Police |
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Frederick Piasecki, Jr. |
Highway Superintendent |
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Wayne Bieler |
Town Engineer |
The Supervisor read into the record the following: “If anyone appearing before the Town Board has a family, financial or business relationship with any member of the Board, it is incumbent upon that person to make it known under State Law and the Town Code of Ethics.”
1) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR TRAVERS MURPHY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
RESOLVED, that the minutes of the Meeting of the Town Board, held on January 18, 2006, and the Special Meeting/Executive Session January 25, 2006, as presented by the Town Clerk, are hereby approved, and be it further
RESOLVED, that the reading of these minutes be dispensed with as each member of the Town Board has previously received copies thereof.
The resolution was unanimously adopted.
Old Business #1 William Benn, 3764 North Buffalo Road, Requesting a Change-In-Use
2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby approve the request for a Change-in-Use from residential to business as petitioned by William Benn, 3764 North Buffalo Road, to allow a dual use with a business located on the first floor and a residential rental apartment on the second floor, as recommended by the Planning Board, 2/14/06, and based on the following conditions and stipulations:
1. This is a Type II SEQR Action and therefore no determination of significance is required.
2. A Use Variance was granted on 1/17/06 by the Zoning Board of Appeals.
The resolution was unanimously adopted.
New Business #1 Town Board to Adopt Tax Collection of Partial Payment In Any Amount
3) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR TRAVERS MURPHY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Erie County Legislature unanimously approved a request for Home Rule Legislation from New York State that allows municipalities to accept partial payments in any amount for payment of property taxes, and
WHEREAS, the NYS Legislature is reviewing the request and formulating the necessary bills to be returned to the County of Erie for Home Rule approval, and
WHEREAS, The Legislation is vital to all residents and taxpayers of Erie County and the Town of Orchard Park, particularly the senior citizens and impoverished, and
WHEREAS, the Town Board of the Town of Orchard Park deems it imperative that this legislation is acted upon as soon as possible to maximize the benefits to the affected parties.
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Orchard Park does hereby approves that the Erie County Legislature acts on said Home Rule as soon as bill numbers are available, even if special session is required, to ensure that partial payments be accepted during this tax cycle, and be it further
RESOLVED, that the Town Board of the Town of Orchard Park does hereby authorizes the acceptance of partial payments in any amount pursuant to the aforementioned legislation, and be it further
RESOLVED, that upon enactment by the New York State Legislature, the Erie County Legislature and signed by the Governor of the State of New, the Town Board of the Town of Orchard Park does hereby authorize partial payments to be made in any amount beginning with the 2006 Tax Collection.
The resolution was unanimously adopted.
New Business #2 Authorize the Advertisement for Bids for the Milestrip Sports Complex Pavilion
4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, the consultant architect for the Milestrip Sports Complex Pavilion, Fontanese-Folts-Aubrecht-Ernst-Bammel Architects, is finalizing the revised plans and specifications for the New Pavilion for the Milestrip Road Recreation Complex Project, and
WHEREAS, this project was bid in the Fall of 2005, with the bids received being much higher than anticipated, therefore the design and plans have been modified per the 10/12/05 Town Board work session, and
WHEREAS, the Milestrip Road Pavilion Building Project consists of the design plans and specifications for an approximate 6,100 square foot new pavilion/concession building with various alternates for expanding the shelter portion, connecting utilities, pavers, fire pit and kitchen equipment. These alternates will give some flexibility in scope and final costs when bids are received, and
WHEREAS, the advertisement for bids should be published on March 6, 2006, as Plans will be available for purchase on that date and the bid opening will be March 29, 2006.
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby accept the plans and specifications for the proposed New Pavilion for the Milestrip Road Recreation Complex as prepared by Fontanese-Folts-Aubrecht-Ernst-Bammel Architects, and be it further
RESOLVED, that the Town Board does hereby authorize the advertisement for sealed bids in the Southtowns Citizen, and the Buffalo News, for the Milestrip Road Recreation Complex to be opened at 11:00 AM on March 29, 2006, in the Supervisor’s Conference Room at the Orchard Park Municipal Center.
The resolution was unanimously adopted.
New Business #3 Request for Out-of-Water District Water Customer, 6115 Ward Rd/R. Holzerland
5) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIETRICK, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN JEMIOLO, TO WIT:
WHEREAS, that the Town has received a request for Out-of-District Water service for Richard Holzerland, 6115 Ward Road, as the house is located outside the boundaries of Orchard Park Water District #17, in the Town of Boston, and
WHEREAS, the Town has a completed an Out-of-District Residential Water Service Agreement and received a Resolution from the Town of Boston agreeing to Mr. Holzerland’s request to obtain water from the Town of Orchard Park.
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve the Out-of-District Water Service Agreement between the Town of Orchard Park Water District #17 and Richard Holzerland, 6115 Ward Road, as recommended by the Town Engineer and Town Attorney.
The resolution was unanimously adopted.
New Business #4 Authorize the 2006 Recreation Department’s Program Fees
6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN KACZOR, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
RESOLVED, that the Town Board does hereby authorize the 2006 Recreation Department’s Program Fees, (which follow) as recommended by the Recreation Director, Ed Leak.
Program 2006 Fee 2005 Fee 2004 Fee
1. Adult Golf @ Bob O’ Link $70 $67 $65
2. Adult Tennis Lessons $30 $30 $29
3. Adventure Club $99 (5 days) $35 (3days) $35 per week
4. Baseball Diamond Non Res. Fees $175 $150 $150
5. Boat Rentals $5 per ½ hour $5 $5
6. Canoeing $40 $37 $35
7. Co-Ed Lap (2 nights) $30 $27 $25
8. Creative Kids $25 $22 $20
9. Day Camp – Ellicott $99 per week $85 per week $65 per week
10. Father/Daughter Dance $10 per couple $20 per couple n/a
11. Fencing $50 $50 $30
12. Non-Resident Program Fees $5 Adult $15 $15
$2.50 Child/per program
13. Performing Arts Program $45 $27 $25
14. Picnic Shelter Reservations $45 $45 $45
$30 $30 $30
15. Playground Programs FREE FREE FREE
16. Recreation Swim $35 Single $35 Single $35 Single
$48 Family $48 Family $48 Family
17. Red Cross Babysitting $85 $85 $85
18. Red Cross Instructor Adie Training $50 $47 $45
19. Sailing $50 $47 $45
20. Sports Camp (½ day for 1 week) $40 n/a n/a
21. Sports Camp (full day for 1 week) $75 n/a n/a
22. Start Smart Sports Development $40 $39 $39
23. Start Smart Sports $60 $59 $59
(golf, baseball, soccer & basketball)
24. Toddler/Pre-school Swim (2x week) $30 $27 $20
25. Water Exercise Program $30 $27 $25
26. Water Safety Instructor Training $95 $95 $95
27. Women’s Exercise $30 $27 $25
28. Yoga $35 $32 $30
29. Youth Baseball (once a week) $30 $27 $25
30. Youth Basketball (2 x a week) $30 $27 $25
31. Youth golf – at Bob O’ Links $70 $67 $65
32. Youth Lacrosse $30 $25 n/a
33. Youth Hockey (2 x a week) $30 $27 $25
34. Pilates $49 n/a n/a
35. Youth Soccer (2x a week) $30 $27 $25
36. Youth Swim Lessons (2 wk session) $30 $27 $25
37. Youth Swim Lessons (2 x a week) $30 $22 $20
38. Youth Tennis Lesson $30 $30 $29
39. Youth Wrestling Program $30 $27 n/a
Senior Discount is 20%
On line Registration is 10%
No longer doing 2nd child discount of 10% due to on line discount.
The resolution was unanimously adopted.
New Business #5 Jim Ball Auto, Request to Amend the C of O for 3475 Southwestern Blvd.
7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN JEMIOLO, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILWOMAN ACKERMAN, TO WIT:
WHEREAS, the Planning Board approved a Certificate of Occupancy on 10/23/01 for Jim Ball Auto 3475 Southwestern Blvd, for the operation of having a two car detail service bay area, and
WHEREAS, Jim Ball has requested an amendment to that Certificate of Occupancy to allow the operation of two auto repair service bays
NOW, THEREFORE, be it
RESOLVED, that the Town Board does hereby approve that the Certificate of Occupancy issued for Jim Ball Auto, 3475 Southwestern Boulevard, on 10/23/01 for the operation of having a two car detail service bay area be amended as follows:
To allow the operation of two auto repair service bays, for a one (1) year period, as recommended by the Planning Board, 2/14/06, with the following conditions and stipulations:
The resolution was unanimously adopted.
New Business #6, 7, 8, 9, 10 and 11 Refer to the Planning Board and/or Conservation Board
8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILWOMAN ACKERMAN, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIETRICK, TO WIT:
RESOLVED, that the Town Board does hereby refer to the Planning Board and/or Conservation Board the following items:
The resolution was unanimously adopted.
ELECTED OFFICIALS AND DEPARTMENT HEADS
9) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR TRAVERS MURPHY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN KACZOR, TO WIT:
WHEREAS, the Town is in the process of closing its accounting records for the fiscal year ended December 31, 2005, and
WHEREAS, certain appropriation accounts were noted to need adjustments to allow for appropriate closing of accounts, and
WHEREAS, the funding for these adjusted appropriations is available within other appropriation accounts in the Town’s 2005 budget
NOW, THEREFORE, be it
RESOLVED, that the Town Board hereby authorizes the amending of the Town’s 2005 Budget as included on the attached list.
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Account Code |
Department |
Description |
Transfer To: |
Transfer From: |
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A.1110.0137 |
Town Justice |
Clerical Personnel |
976.00 |
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A.1110.0139 |
Town Justice |
P/T Clerical |
|
976.00 |
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A.1110.0419 |
Town Justice |
Other Expense |
87.00 |
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A.1110.0414 |
Town Justice |
Training |
|
87.00 |
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A.1220.0200 |
Supervisor |
Office Equipment |
200.00 |
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A.1220.0210 |
Supervisor |
Office Supplies |
|
200.00 |
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|
200.00 |
200.00 |
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A.1320.0451 |
Budget |
Accounting Services |
95.00 |
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A.1220.0400 |
Supervisor |
Office Supplies |
|
95.00 |
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A.1330.0111 |
Tax Receiver |
F/T Clerical (25% position) |
7,845.45 |
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A.1330.0137 |
Tax Receiver |
P/T Clerical |
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4,560.33 |
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A.1330.0461 |
Tax Receiver |
Computer Software |
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3,285.12 |
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A.1355.0100 |
Assessor |
Salary of Assessor |
29,636.75 |
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A.1355.0136 |
Assessor |
Salary-STAR Clerical |
18,499.50 |
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A.1355.0111 |
Assessor |
Salary-Real Prop Appraiser |
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690.58 |
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A.1355.0137 |
Assessor |
Sal-Clerical Personnel |
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5,656.21 |
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A.1355.0200 |
Assessor |
Office Equipment |
|
385.00 |
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A.1355.0400 |
Assessor |
Office Expenses |
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757.00 |
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A.1355.0412 |
Assessor |
Mileage Reimbursement |
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171.00 |
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A.1355.0414 |
Assessor |
Training |
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530.00 |
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A.1355.0427 |
Assessor |
STAR Expenses |
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2,316.00 |
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A.1355.0446 |
Assessor |
Maintenance of Equipment |
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150.00 |
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A.1355.0450 |
Assessor |
Publishing |
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114.00 |
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A.1355.0455 |
Assessor |
Bd of Assessment Review |
|
2,638.00 |
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A.1355.0461 |
Assessor |
Software |
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1,200.00 |
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A.1910.0480 |
General |
Contingent |
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33,528.46 |
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A.1410.0462 |
Town Clerk |
SARA Records Mgmt |
548.00 |
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A.1410.0460 |
Town Clerk |
Codification of Ordinance |
|
107.95 |
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A.1410.0461 |
Town Clerk |
Records Management |
|
440.05 |
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A.1420.0455 |
Law |
Outside Legal Services |
35,169.00 |
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A.1420.0413 |
Law |
Travel & Conference |
|
54.00 |
|
A.1420.0419 |
Law |
Other Expenses |
|
1,500.00 |
|
A.1910.0480 |
General |
Contingent |
|
33,615.00 |
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A.1440.0414 |
Engineering |
Training |
138.00 |
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A.1440.0413 |
Engineering |
Travel & Conference |
|
138.00 |
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A.1620.0446 |
Buildings |
Contracted Repair & Maint |
1,141.00 |
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A.1620.0445 |
Buildings |
Remodeling & Renovations |
|
1,141.00 |
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A.1670.0439 |
Central Services |
Copy Machine Rental |
458.00 |
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A.1670.0440 |
Central Services |
Radio Central Maintenance |
|
458.00 |
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A.1910.0406 |
General |
Municipal Association Dues |
13.00 |
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A.1910.0408 |
General |
First Aid Expenses |
969.00 |
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A.1910.0462 |
General |
Taxes & Assess-Town prop |
|
982.00 |
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A.2989.0419 |
D.A.R.E. |
Expenses |
10,876.00 |
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|
A.0000.0599 |
Fund Balance |
Use of Reserve-D.A.R.E. |
|
10,876.00 |
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A.3120.0100 |
Police |
Personnel Salary |
10,018.00 |
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A.3120.0110 |
Police |
Salary of Bingo Inspector |
42.00 |
|
|
A.3120.0139 |
Police |
Emergency Clerical |
21,256.00 |
|
|
A.3120.0462 |
Police |
SARA Records Mgmt |
75.00 |
|
|
A.3120.0137 |
Police |
Clerical Personnel |
|
31,391.00 |
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|
A.3510.0100 |
Dog Control |
Salary |
859.00 |
|
|
A.3510.0111 |
Dog Control |
Asst Dog Control Salary |
|
859.00 |
|
A.3510.0422 |
Dog Control |
Gas |
639.00 |
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A.3510.0475 |
Dog Control |
Gasoline |
15.00 |
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A.3510.0419 |
Dog Control |
Other Expenses |
|
617.00 |
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A.3510.0420 |
Dog Control |
Nuisance Animal |
|
37.00 |
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A.5010.0137 |
Supt Hwy |
P/T Clerical |
72.00 |
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A.5010.0200 |
Supt Hwy |
Tank & Environ. E |
|
72.00 |
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|
A.7020.0111 |
Recreation |
Salary of Asst Dir of Rec |
11,325.00 |
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|
A.7020.0137 |
Recreation |
P/T Clerical |
|
1,973.27 |
|
A.7020.0201 |
Recreation |
Playground Equipment |
163.00 |
|
|
A.7020.0420 |
Recreation |
Telephone |
1,213.00 |
|
|
A.7020.0149 |
Recreation |
Salary of Rec Personnel |
|
10,727.73 |
|
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|
|
A.7110.0149 |
Parks |
P/T Labor |
700.00 |
|
|
A.7110.0423 |
Parks |
California Rd Ball Diamond |
.72 |
|
|
A.7110.0446 |
Parks |
Small Equipment Repair |
|
700.72 |
|
|
|
|
|
|
|
A.7310.0419 |
Youth |
Other Expenses |
319.00 |
|
|
A.7110.0477 |
Parks |
Contracted Mowing |
|
319.00 |
|
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|
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|
|
A.7510.0419 |
Historian |
Other Expenses |
326.00 |
|
|
A.7110.0477 |
Parks |
Contracted Mowing |
|
326.00 |
|
A.7610.0401 |
Senior Citizens |
Senior Citizens Van |
1,432.00 |
|
|
A.7610.0421 |
Senior Citizens |
Electric |
112.00 |
|
|
A.7610.0410 |
Senior Citizens |
Operating Expenses |
|
1,544.00 |
|
|
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|
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|
A.8730.0450 |
Conservation Bd |
Publishing |
63.00 |
|
|
A.8730.0139 |
Conservation Bd |
P/T Clerical |
|
63.00 |
|
|
|
|
|
|
|
A.9015.0811 |
Benefits |
Police Retirement |
2,580.00 |
|
|
A.9030.0812 |
Benefits |