CC MTG MINUTES JULY 9 2018 REGULAR MEETING OF THE AGAWAM CITY COUNCIL
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Minutes dated July 9, 2018
Meeting was called to order by Council Vice President Calabrese at 7:00pm in the Community Room at the Agawam
Public Library,750 Cooper Street,Agawam.
' Item A. Roll Call
ROLL CALL—10 PRESENT, 1 ABSENT
Roll Call was taken with the following councilors present: George Bitzas, Council Vice President Cecilia Calabrese,
Paul Cavallo, Council President Christopher Johnson, Robert Magovern, Dino Mercadante, Joseph Mineo, Robert
Rossi, Rosemary Sandlin and Anthony Suffriti. Councilor Letellier was absent (Councilor Suffriti arrived late). With
ten present,there was a quorum.
Item B. Moment of Silence and the Pledze ofAlleiziance.
Council President Johnson asked for a moment of silence and the Pledge of Allegiance.
1 Item C Citizen's Speak Time
' None.
Item D. Minutes
1. Regular Council Meeting—June 18,2018
Motion to approve was moved by Councilor Mercadante and seconded by Councilors Rossi, Magovern and Cavallo.
1 Voice vote approved.
Item E. Declaration from Council President
' None.
Item F. Presentation ofResolutions
1. TR-2018-43 - A Resolution accepting a gift from the Pioneer Valley Transportation Authority
pursuant to Massachusetts General Laws Chapter 44, Section 53A to the Agawam Senior Center
(Sponsored by Mayor Sapelli)(Referred to Finance Committee)
' Motion to approve made by Councilor Mercadante and seconded by Councilor Cavallo. As Vice Chair of the Finance
Committee, Councilor Minco provided a report stating that his committee gave a positive recommendation to the Full
Council by a vote of 4 yes,0 no, 1 absent(Councilor Letellier).
' The vote was 10 YES,0 NO, 1 ABSENT (Councilor Letellier) approving the item.
2. TR-2018-44 - A Resolution to become a member of the Pioneer Valley Mosquito Control District
(Sponsored by Mayor Sapelli)(Referred to Community Relations)
Motion to approve made by Councilor Sandlin and seconded by Council Vice President Calabrese. As Vice Chair of
' the Community Relations Committee, Councilor Mercadante provided a report stating that Health Agent Kathy Auer
spoke on mosquito-borne diseases. First year is free along with a map of habitats in town where mosquito areas are.
They provide public education. The town would need someone who is pesticide licenses and two employees are
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currently licenses in town. Motion to send a positive recommendation to the Full Council was moved and seconded.
' The vote was 3 YES, 0 NO, 2 ABSENT (Councilors Letellier and Suffriti)
The vote was 10 YES,0 NO, 1 ABSENT(Councilor Letellier)approving the item.
3. TR-2018-45 - A Resolution accepting a grant ($18,500.00) from the Commonwealth of Massachusetts
Executive Office for Administration and Finance pursuant to Massachusetts General Laws Chapter 44,
' Section 53A(Sponsored by Mayor Sapelli) (Referred to Finance Committee)
Motion to approve made by Council Vice President Calabrese and seconded by Councilor Cavallo. As Vice Chair of
the Finance Committee, Councilor Mineo provided a report stating that his committee gave a positive recommendation
to the Full Council by a vote of 4 yes, 0 no, 1 absent(Councilor Letellier),
The vote was 10 YES,0 NO,1 ABSENT (Councilor Letellier) approving the item.
4. TR-201846 - A Resolution confirming the appointment of Gerald O'Keefe, 27D Castle Hill Road,
Agawam, MA 01001 to the Agawam Municipal Golf Commission for an unexpired term expiring on
December 31,2019(Sponsored by Mayor Sapelli)
Motion to approve made by Councilor Bitzas and seconded by Councilor Sandlin.
The vote was 10 YES,0 NO, 1 ABSENT (Councilor Letellier)approving the item.
' Item L Public Hearings
1. ZC-2018-2 (PH-2018-6) - Petition for Zone Change by Owners, Thomas F. Reidy II and Sherry
M. Reidy for property located at 466 South Westfield Street from Agricultural to an Age Restricted
Housing District(Residence A-5) (Referred to Legislative Committee)
' Motion to approve made by Council Vice President Calabrese and seconded by Councilor Sandlin. As Chair of the
Legislative Committee, Councilor Magovern provided a report stating that the contractor (Victor Shibley) was also
present. If approved, this would be the only age-restricted(A-5) development in Agawam. Brush Hill and Canterbury
are projects this contractor already built in West Springfield. The state will do a traffic study as it may require a traffic
' light on Pine Street. They are hoping to begin construction this fall. Motion to send a positive recommendation to the
Full Council made by Councilor Calabrese and seconded by Councilor Sandlin. The vote was 4 YES, 0 NO, I
ABSTENTION(Councilor Bitzas).
' Council President Johnson declared the Public Hearing open at 7:06pm. Attorney Daniel Garvey made a presentation
on behalf of the petitioners, Thomas and Sherry Reidy, noting that the Planning Board gave a unanimous
' recommendation on June 21". These will be single story, ranch style homes in two sizes (1) 1800 square feet for
approximately $339,000.00 and (2) 1500 square feet for approximately $299,000,00, They received information from
the traffic engineer and are willing to relocate their entrance to make that intersection safer. Building Victor Shibley
has two well established over 55 developments in West Springfield (Canterbury Woods and Brush Hill). They are
very excited to build in this location and in general A-5 developments make very good neighbors and are no extra
burden on town services. Councilor Sandlin stated there was indeed a need for this style home in town. Councilor
' Cavallo questions the traffic and noted his concern. Attorney Garvey would wholeheartedly support the town if they
asked the developer to move the entrance. Council Vice President asked about the deeded driveway access easement
and Attorney Garvey confirmed they were fully aware of this and will honor it. Councilor Bitzas asked if they would
be building after these suggestions were fixed. Attorney Garvey noted that if the zone change was granted, then by
law, they would be required to submit detailed plans and cannot start until everything is approved. Councilor Bitzas is
concerned with the traffic and number of cars there. No one else spoke in favor of the item or in name only in favor of
the item. Donald Moore of 418 South Westfield Street spoke in opposition. He is very impressed with the developer
and his developments in West Springfield however those two have buffer zones, this development would not and has
less than a forty foot set back. He also felt it would be smart to add a traffic light. Joe Tirone is an abutter and also
spoke in opposition being mainly concerned with the traffic in that area and needing to be concerned with the sharp
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comer. A woman also spoke about the high price tag and wondered if there would be any set aside for low-income
' elders. The attorney said unfortunately none would be for low-income elderly. No one else spoke in opposition or in
opposition name only. Council President Johnson declared the Public Hearing closed at 7:24pm.
As Chair of the Legislative Committee, Councilor Magovern provided his report stating that the contractor (Victor
Shibley)was also present at the meeting along with the attorney. If approved, this would be the only age-restricted(A-
5) development in Agawam. Brush Hill and Canterbury are projects this contractor already built in West Springfield.
' The state will do a traffic study as it may require a traffic light on Pine Street. They are hoping to begin construction
this fall. Motion to send a positive recommendation to the Full Council made by Councilor Calabrese and seconded by
Councilor Sandlin. The vote was 4 YES, 0 NO, 1 ABSTENTION (Councilor Bitzas). Councilor Bitzas opened the
discussion stating why he abstained in the sub-committee. He believes the City Council should hold off on making a
recommendation until after the Public Hearing so they could hear from the people. Councilor Rossi see nothing wrong
with this zone change and said this type of housing is needed in town. He is impressed with their work and thinks it
will be an asset. The Engineering Department is working on the grading at that intersection. Councilor Mercadante
j was also in favor of this as there is a need for housing in town and unless the land is protected, it can't stay that way
forever. He also noted that this type of development would put the least amount of burden on town services and is a
win/win for the town. Councilor Magovem agreed with everything that was said but added he hoped the developer
could meet with Mr. Moore to address his concerns about a buffer. Council President Johnson stepped from the Chair
to stress that this should not be added to the DIF in that area. He also raised the question about the original sewer
assessment to that property was for ONE unit not 148. He would like to first confer with the Law Department to verify
that the owner of that property should pay a bigger assessment similar to other property owners. He believes that
applicant should bear these costs and not the taxpayers. He corrected that there is not a need for housing but rather a
need for affordable housing which this would not be considered as. Council President Johnson stated he would want
sufficient information prior to voting. Councilor Bitzas suggested tabling until this was received. Councilor
Magovem is not in favor of tabling however reluctantly agreed. Council President also stated that the Planning Board
deals with traffic issues and they will require additional details prior to construction. He is more concerned with that
intersection if indeed it needs to have a traffic light and/or additional engineering work done and what this will cost the
town. Councilor Mineo said the problem for him is if we delay this vote then it delays them starting the project for a
month until our August meeting to which Council President stated the City Council was well within the statutory
guidelines. Councilor Mineo asked for a special meeting within two weeks. It was decided that the following
' information was needed(1) ask Law Department if town can go back to owner to pay the actual sewer assessment for
148 units and (2) find out about redesign of the intersection from the Engineering Department and the costs to the
town. If this information is received in time, we would have a Special Meeting on July 23`d, if not, it will appear as
normal on the August 6"'Agenda. Motion to table made by Councilor Cavallo and seconded by Councilor Rossi.
The vote was 10 YES, 0 NO, 1 ABSENT(Councilor Letellier)tabling the item.
2. TOR-2018-11(PH-2018-7) - An Ordinance to amend the Code of the Town of Agawam Zoning
Ordinances to allow site plan review waivers (Sponsored by Planning Board) (1 of 2 Readings)
(Referred to Legislative Committee)-Public Hearing Set for August 6,2018
Motion to table until August 61h made by Council Vice President Calabrese and seconded by Councilor Mercadante.
Voice vote approved.
Item J. Old Business
' 1. TOR-2018-6 - An Ordinance amending the Code of the Town of Agawam Chapter 149 entitled
"Smoking and Tobacco Products" (Sponsored by Mayor Sapelli) (2 of 2 Readings) (Referred to
Legislative Committee)as amended
Motion to approve the second and final reading as amended made by Council Vice President Calabrese and seconded
by Councilor Sandlin.
' The vote was 10 YES, 0 NO, 1 ABSENT(Councilor Letellier)approving the second and final reading as amended.
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2. TOR-2018-9 - An Ordinance amending Chapter 33 of the Code of the Town of Agawam (Sponsored
by Mayor Sapelli) (2 of 2 Readings)(Referred to Legislative Committee)
Motion to approve the second and final reading made by Council Vice President Calabrese and seconded by Councilor
Mercadante.
The vote was 10 YES, 0 NO, 1 ABSENT(Councilor Letellier)approving the second and final reading.
3. TO-2018-25 - An Order granting or renewing a Class 3 Dealer's LICENSE to BBB Auto, Inc., 266
Walnut Street,Agawam,MA.(Clerk)(Referred to Administrative Committee)
jMotion to approve made by Councilor Cavallo and seconded by Council Vice President Calabrese. As Chair of the
Administrative Committee, Councilor Rossi provided a report stating that the applicant wished to withdraw his
application. Council President stated that since the applicant was not here nor was there anything in writing from the
applicant,then we must vote it down.
The vote was 0 YES, 10 NO, 1 ABSENT(Councilor Letellier)defeating the item.
4. TO-2018-26 - Order granting or renewing a PERMIT for Weekly Amusement for Six Flags New
England, 1623 Main Street,Agawam (Clerk)(Referred to Administrative Committee)
' Motion to approve made by Councilor Rossi and seconded by Councilor Cavallo. As Chair of the Administrative
Committee, Councilor Rossi provided a report stating that all was in order and the committee sent a positive
recommendation to the Full Council by a vote of 4 yes, 0 no, 1 absent(Councilor Cavallo).
The vote was 10 YES, 0 NO, 1 ABSENT(Councilor Letellier)approving the item.
' 5. TO-2018-27 - Order granting or renewing a LICENSE for an Automatic Amusement Device(s) for
Six Flags New England, 1623 Main Street,Agawam (Clerk)(Referred to Administrative Committee)
' Motion to approve made by Councilor Rossi and seconded by Councilors Bitzas and Cavallo. As Chair of the
Administrative Committee, Councilor Rossi provided a report stating that all was in order and the committee sent a
positive recommendation to the Full Council by a vote of 4 yes,0 no, 1 absent(Councilor Cavallo).
1 The vote was 10 YES,0 NO, 1 ABSENT(Councilor Letellier)approving the item.
6. TO-2018-28 - An Order granting or renewing a PERMIT for Weekly Amusement for Matthew Gibbs
— Quest, Inc. d/b/a Catch 1251, 1251 River Road, Agawam, MA. (Clerk) (Referred to Administrative
Committee)
Motion to approve made by Councilor Rossi and seconded by Councilor Cavallo. As Chair of the Administrative
Committee, Councilor Rossi provided a report stating that this application would need to be amended to reflect indoor
' entertainment only (application states indoor and outdoor) and the committee sent a positive recommendation to the
Full Council by a vote of 4 yes, 0 no, 1 absent (Councilor Cavallo). Motion to amend made by Councilor Rossi and
seconded by Councilor Sandlin. The vote was 10 YES, 0 NO, 1 ABSENT (Councilor Letellier) approving the
amendment.
' The vote was 10 YES,0 NO, 1 ABSENT (Councilor Letellier)approving the item as amended.
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Item I. New Business
1 1. TR-2018-48 - A Resolution confirming the reappointment of Paul A. Jenney, 367 North Westfield
Street, Feeding Hills, MA. to the Agawam Housing Committee to a term expiring October 1, 2021
(Sponsored by Mayor Sapelli)
Next Agenda.
' 2. TR-2018-49 - A Resolution authorizing the Town of Agawam to participate in the Commonwealth of
Massachusetts Commercial Property Assessed Clean Energy Program (PACE Massachusetts)
(Sponsored by Mayor Sapelli)
Referred to Finance Committee,next Agenda.
3. TR-2018-50 - A Resolution establishing a Special Revenue Fund known as the Transportation
Network Company("TNC") Surcharge Fund(Sponsored by Mayor Sapelli)
1 Referred to Finance Committee,next Agenda.
4. TO-2018-29 -A Budgetary Transfer of$10,217.84 as follows:
From:
' Mun Golf Regular Temporary ($5,834.45) 65261-51020
Mun Golf Overtime ($1,153.43) 65261-51030
Mun Golf EQ Repair&Maint ($326.33) 65262-52030
Mun Golf Equip Rental ($970.00) 65262-52070
Mun Golf Water Purchase ($1,933.63) 65262-56670
To:
Mun Golf Dues& Subscrip $ 110.00 65262-52170
Mun Golf Printing& Copying $ 172.80 65262-52280
Mun Golf Contractual Service $ 1,363.65 65262-52360
Mun Golf Food& Sery Supp $8,571.39 65263-52220
Council President Johnson stated that this item is for bill from FYI and we must vote on this prior to July 151n.
Therefore he took the liberty of creating an Emergency Preamble which would allow us to vote on this this evening.
Motion to approve Emergency Preamble for Budgetary Transfer (TO-2018-29) for Agawam Municipal Golf Course
1 was made by Councilor Bitzas and seconded by Councilor Rossi. The vote was 10 YES, 0 NO, 1 ABSENT
(Councilor Letellier) approving the Emergency Preamble, Councilor Mineo commented that this is interdepartmental
and they have to pay these bills. The course is doing very well. Council President Johnson reiterated that the golf
course is doing better than expected and need to pay these bills.
Motion to approve TO-2018-29 was made by Council Vice President Calabrese and seconded by Councilor Rossi.
The vote was 10 YES,0 NO, 1 ABSENT(Councilor Letellier)approving the transfer.
Item L Any other matter that may legally come before the City Council.
' Councilor Mercadante wanted clarification that if the information is received regarding the zone change then we will
have a Special Meeting on July 23"d and wished everyone a happy summer. Councilor Cavallo commended the
editorial in the AAN about how well the new Mayor and the City Council work together. Councilor Sandlin
questioned why these meetings weren't televised. Councilor Mineo mentioned all of the exciting changes coming to
Feeding Hills. Councilor Suffriti apologized for being a few minutes late — he had to respond to a structure fire.
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Council President Johnson commented on the editorial in the AAN and attributed it to the open lines of communication
' we now have with the Mayor and have never had with the past administration. He said it makes all the difference!
Item M. Adjournment
The Motion to adjourn was moved and seconded all around. Meeting was adjourned at 7:59pm.
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�pprcved ��,r.d
TR-3D18-M
A RESOIAITION TO BECOME A MEMBER OF THE PIONEER VALLI±Y
Tn.3DLaJ3 MO"I1T0 CONTROL.DT%TRTCT
A RESOLUTION ACU"ING A GIFT FROM THE
,,,MeeR VALLEY TRANSPWAAON AUTHORITY PORSUANTTO imp.-taw byMager WTYinw P.Ssmflil
NLASSAOMSETTI&ENERAL LAWS GUPTER eq SECTION 53LA
TO TIE AGAWAM SENIOR[EMIR
[Spun—dby MarrFW_Iliam p..sapellll WHMAS, the mosguilo populat:ou tkoughapt the Town of AgasaTun
pmuattinily pose:ieriaus health cpncerna to the cai—try;and
WkWil ,xsl d.Pi—Valley Maaquito Control D—id rPVhfCD-F.ras
WHEREAS,the T.—0 Aga—is;n roved of Awn for P-ceding quotlt0 5PQ00Ce senivs to established in Ocmlw 1017 to Ieryc Franklin,I Ntnpshirc and Hisupden Cuuntica;Bad
' the rasldents of Apwam and Faimirg A[%Bea
WRF.R>♦;AS,lha goals of fife PVMCU inelvdc acqui[ietg iafortnetian on m..pirn
WHEAIAL The Pioneer Valley T—Wom on Adthofity of Sotngt'eid,Massachusetts Las habiuos,S kz*ing risks of the mosquito population in wch cmmaunily and pmdieiog
geperoudF domfed a van j—Txhdet A'I;and cusromized reports to assist A c—Ily rcapaaac;and
MMEAEAS,the value of the van hes been esumaved to be approAmately S8.700.011—ordmg Ic WHCRI.AS.Una h d;ttg has b v,provided by I.,Commaa—Uh w rive tl c
Reny etue Book:and dev6.f—i.of the PV MCO;end
' HfF1EAEAS,the love.of Alawmm iE gra[eU he the gen,raus dpeal'.on ham Ihr-lone.,Vaa,V WHEREAS,dell:is w cox W%c Mown to bewme a member nt'the PVMCD
Transpodation Auttwrlty. through 2011 and the Fawn expects.—ire a u toteind mpod with a mapping
...lysis pf,noiytti[a heh,tat—ith a aamnmwtdtema ofneal ssepn;and
NOWTHEREPp1E,the Agawam Oty CounsB nerehy msalu>'spur5oam tp M.G.L.r.m.S53A717 tp WH}:RE.AN.it is is the li v ildcrests of 11w T—to Ap.—w Join the
XCapt the gift of the van from the Pioneer valley Tr—wratipn Aoxhodt,,The Coanril 1uriher—W, PV 1ICLI
to ppb;idv ack—ledge and thank the Pioneer Va''ey Trarxpnrtatice AothoritY fur 1-5 gtnemus Dtl.
NOW 01FIREFORF..the Agawam City co—,hezb.rypl,rs In;,esnnce a
mtrnher of the Pfi--F1�YLIr Valley M-goil.I(-1,,nl nisuitt
INYtS1 vfAR 2018 DAIED11115_` DAYUk j,�IU/ ,Z0I a. f5i_,-./T�n''��i"l�
PER OaOE.A OF LHf AGAVlAM crrr COHNCI �y T PER ORDER OF ME AGAWAM CFIYC-Yf000NCIL Vc JG- 1t„IIALr[� II
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cc, (,SWii r APPROVPO AS TO FORM AND LF01ALITY
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A REROLIffION ACCEP7'INO A GRtAM1T IROM T11E CONF%1I1 1VILALTII LIP
MASSACHUSETT'S EXECUTIVE OVFLCE FOR ADMINISTRATION AND
JMT VCE PtMSUANT TO 3L4SSACTlb5E1'I'S CEIYRRAL LAWS
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divixka urtk the Commmwalnh of Slessw31unls Lawwlvc 0rut.F.:and
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Iyapmaram of ltew,m-e ilmior t7epetr Cvraaa ssiwel 6e focal So-1'mnmtmiry
CPmP-t P-V, awhoriaad W—. 1 Chmpler I33 of the A—yr 201 h and A RESOLUTION COMFIRMMR THE APPOINTMENT OF
admmim dlw Akrr;sd GERILLD O'NEEFE,21D CASTLE HLL L RO
ADS,AGAwAIM,MA 11111
WRF.RF.AB,do ffi U>4 1h[waa,w.s uS rigfiLLcn ttuma„d wd h,n h.W d TS3 TM A1b/V"MUHICMML M.F COI/ti>1s M RR AM MWIRED TERM WIRING
dalaaamrzm asa(1I3y5MM)t-md Ole!PECOMM 11,2MS
WHERFAN,-Torn Agawam r,Ii yq da;fund,I.,wpa aeacialeci rich Ih:
.".pmmt ar w ew a dmdPpmw,air w„u„a ..h,tu.il; intrude.a WHEREAS:on owning wift on da Agawam Municipal Golf Corm,mica;aqA
acaaame nmda mp,a,.nda.awlma„in,eam,r,saaxa:,mMc and
W nExE th the rearof.Aaawam a atmaro«env nm g,a ,v WHEREAS,U*Mgw Hs oppo4nlod Gerald O Keal%27D Cook Hill Rtta4
Agawam,KA DIM tD ft Agamom Municipal OW CoRlmbeloN for E Mm uWalS
oa UecoxtEar31,M11;and,
wnsNsha,i,i,m a,e Icv.in�asa Ia uu Taon,o Aaaram .,eapl ama
Fnnl t,m.ehr L'mnatunry rvmm==t;,aat Pmpram.
N(Tw THF.RFPOAF,[hc A Cit calwea Iun� I,a NOW THEREFORE,THE AGAWAM CRT COURCL herby TaaalFae eo eoom Ma
asaw.an y m rem, p,mta m n appokLmont of"old O%ode,27D CaNla 0 Re4 A1auton MA 11001 to tha Agawam
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and
F. .aae,§s7A N ace d,is amw t'mm t r—huward ofl,m,-n,umio::trw,or,.,a: Municipal Gob CgmDNggionichan tleln I ird bom molap DFum6er 11,2819.
Fivue O Le nmNut a<eiphtan thaaaanA wAd fix delLn nsn ecnex
oA1EDTWs! D.aroFff. mlB-' OATECTFIUI `I OAYOf2018.C m PER ORDER OF THE AGAWAM CRY BODIIJ;YL
PF.R DRIER OFTFIE ACAIS'AM fITY COi TK'rt, Lb#iJCII
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APPR,IVED Ati Il1AM AND LkIiAL1T4'
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APPROA8 TO FORM AND LEGAM —C.owZ 1
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TOR 2018.6 V
AN ORDINANCE.AMENDING THE CODE OF THY TOWN OF AGAWAM
t.wArrv.R 149"SMOlUNG ANDTOBACf.:O PRODUCTS"
(Speaaored by Haynv WiHi,rm P,tiwpeW)
copy in Clerk's Office (several pages)
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ao Iuoc 19e.2017(70R-2917-4)-,xW
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PVrsums m the MtvnciPel Nldeniamkn kt St.2016 c.219¢I+n;—0
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' The following licenses/permits were approved:
TO-2018-26 through and including TO-2018-28
TO-2018-25 was defeated
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