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2022 10 20 NYSDEC NOV No DMR

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    2022 10 20 NYSDEC NOV No DMR
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Division of Water, Bureau of Water Compliance 625 Broadway, Albany, New York 12233-3506 P: (518) 402-8177 | F: (518) 402-8082 www.dec.ny.gov

www.dec.ny.gov = . October 20, VILLAGE OF RED HOOK . 7467 SOUTH BROADWAY RED HOOK, NY 12571 Re: NOTICE OF VIOLATION: Failure to Submit Complete SPDES DMRs Facility: VILLAGE OF REDHOOK WWTP SPDES No: NY0271420 | DEC Region: 03

October 20, 2022

Dear Permittee:

The State Pollutant Discharge Elimination System (SPDES) Permit # NY0271420 requires you to electronically submit Discharge Monitoring Reports (DMRs). DMRs were incomplete for the monitoring period ending August 31, 2022.

A DMR is incomplete when:

  • required sampling data were not reported;

  • an unacceptable NODI code was used (e.g., 8, 5, B, F, etc.);

  • fequired sampling or analysis was not conducted even if an acceptable NODI code was reported (E, P); and/or

  • it was not submitted correctly via NetDMR.

The following is a list of the incomplete DMRs:

001B - Not submitted in NetDMR

To potentially resolve this matter:

|

  1. Correct, if applicable, and submit all the above noted DMRs via NetDMR; AND 2. Complete and submit the NOV Response via email to the addresses provided (see enclosure) within 30 days of this letter.

Failure to submit complete DMRs is a violation of your SPDES permit, Article 17 of the New York State Environmental Conservation Law (ECL), and Section 750-2.5 of the New York Codes, Rules and Regulations. ECL § 71-1929 addresses this violation including potential for civil penalties of up to thirty-seven thousand five-hundred dollars ($37,500) per day per violation.

o_.. state | Environmental i SieNEW | DepartmentConservation of

If complete DMRs are not or cannot be submitted within 30 days of the date of this letter, an Order on Consent (Order) with a penalty will be sent concerning the violation(s). Please note use of some NODI codes may result in an Order due to incomplete reporting.

If you believe this NOV was sent in error or have any questions, please contact Paul Buist at 518-402- 9655 or via email at Paul.Buist@dec.ny.gov.

Sincerely,

Edward Hampston, P.E. Director, Bureau of Water Compliance

NY0271420 - RO3

MPED August 31, 2022

NOV Response

.

After completing this information, please email (PDF preferred) with any attachments to: Paul.Buist@dec.ny.gov and to the Regional Water Engineers, Meena George at Meena.George@dec.ny.gov and Manju Cherian at Manju.Cherian@dec.ny.gov.

Retain a copy of this NOV response for your records.

For more information on NYSDEC DMR requirements and NetDMR please see: https:/Awww.dec.ny.gov/chemical/8461 .html

Check and complete all that apply:

[] | confirmed the DMRs were submitted via NetDMR on the following date(s):

[ ] | acknowledge NODI code E ~ Failed to Sample/Required Analysis Not Conducted or NODIP - Laboratory Error or Invalid Test. Reporting of NODI-E or P indicates an incomplete DMR and constitutes a violation. DEC will consider the NOV response prior to further enforcement.

[ ] | acknowledge a NOD! Code of was use and is not acceptable to the department. An acceptable NODI code was entered into NetDMR on this date

NOTE: NYSDEC currently accepts NODI codes 2, 9, C, E, P, T and W. If approval was given to use another NODI code, attach the email from NYSDEC.

  • [J] lam no longer required to.submit DMRs because:

NOTE: For permit modification, permittee transfer, or facility discontinuation, you must contact the appropriate DEC Regional Office. Until the appropriate permit action is approved, the permittee is responsible to submit a complete DMR.

|

[ ] Supporting documentation is attached.

Your Name:

Signature:

Email Address:

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Changes between versions

2026-04-13→2026-04-13
substantive change+8 −6

Document shifted from adopting General and Water Fund budgets to requesting detailed documentation for the Sewer Operations budget due to cost overruns.

  • Adoption of General Fund ($2,652,305.50) and Water Fund ($598,100) budgets removed; focus now on Sewer Operations budget
  • Current fiscal year sewer budget of ~$160,000 has experienced cost overruns of at least $175,000, prompting Board scrutiny
  • Board now requests Chief Budget Officer provide detailed supporting documentation for each sewer line item by April 27, 2026 workshop meeting, including basis, assumptions, certainty/variability, and comparison to current-year actuals
  • Resolution changed from adoption to information request pending further Board review
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WHEREAS clauses: - the BoardChief ofBudget TrusteesOfficer has receivedsubmitted anda reviewedproposed budget for sewer operations for the tentativeupcoming budgetfiscal and held a public hearing on April 13, 2026 on same - funding lines and expense lines have been developed, reviewed and established in Board Workshop Meetings to reflect income projections and expenses from trending and historyyear - the Villagecurrent fiscal year sewer operations budget of approximately $160,000 has experienced cost overruns of at least $175,000 - the proposed budget does not include an explanation of the methodology, assumptions, or calculations underlying individual line items - given the magnitude of the current year's budgetoverruns, the Board has threea areas:responsibility Generalto Fund;scrutinize Waterboth Fund,the proposed figures and Sewerthe Fundbasis on which they were developed before adopting a sewer operations budget RESOLVED clauses: - The resultingBoard generalrequests fund budget will be withinthat the NYSChief ComptrollerBudget FormulaOfficer provide, for each line item in the proposed sewer operations budget: (a) The basis for the taxprojected capamount, including whether it reflects actual current-year spending, vendor quotes, contractual obligations, engineering estimates, or other sources. (b) The Generalassumptions Fundunderlying budgetthe willprojection, including anticipated equipment condition, service levels, and any planned capital or maintenance work incorporated into operating costs. (c) The degree of certainty or variability in the projection, specifically how much of the line item is fixed or contractually committed versus estimated, and what range of outcomes should be $2expected if conditions differ from assumptions. (d) A comparison to current-year actual spending for the same line item,652,305 with an explanation of any material variance between the proposed figure and current-year actuals.50 - theThis waterinformation fund budget willshall be atprovided $598to the Board in writing no later than the April 27,100 2026 workshop meeting, in sufficient time for the Board to review and discuss prior to adoption of the budget. - thoseIf Generalany Fundprovision of this resolution is held invalid, the remaining provisions shall remain in full force and Watereffect. - FundThis budgetsresolution areshall herebytake adoptedeffect with the Treasurer to be fully advised and authorized to proceed accordinglyimmediately.
2026-04-13→2026-04-13
adopted+92 −10

Document A (draft resolution) was formally adopted as Resolution 12–2026, but the motion failed with a 2–2–1 vote.

  • Added formal resolution number and title formatting: 'RESOLUTION 12 – 2026'
  • Added 'NOW, THEREFORE, BE IT RESOLVED' clause and formal Board of Trustees attribution
  • Numbered the resolved clauses (1–4) instead of bullet points
  • Added voting record showing motion by Trustee Uku, seconded by Trustee Allen, with result: Motion Failed (2 Aye, 2 Nay, 1 Abstain)
  • Document B includes additional resolutions (13 and 14) not present in Document A
Show red-line diff
RESOLUTION REQUESTING SUPPORTING DOCUMENTATIONFOR THE PROPOSED SEWER OPERATIONS BUDGET ## RESOLUTION 12 – 2026 WHEREAS clauses: -, the Chief Budget Officer has submitted a proposed budget for sewer operations for the upcoming fiscal year -; and WHEREAS, the current fiscal year sewer operations budget of approximately $160,000 has experienced cost overruns of at least $175,000 -; and WHEREAS, the proposed budget does not include an explanation of the methodology, assumptions, or calculations underlying individual line items -; and WHEREAS, given the magnitude of the current year'’s overruns, the Board has a responsibility to scrutinize both the proposed figures and the basis on which they were developed before adopting a sewer operations budget ; NOW, THEREFORE, BE IT RESOLVED clausesby the Board of Trustees of the Village of Red Hook as follows: - 1. The Board requests that the Chief Budget Officer provide, for each line item in the proposed sewer operations budget, the following: - (a) The basis for the projected amount, including whether it reflects actual current-year spending, vendor quotes, contractual obligations, engineering estimates, or other sources. - (b) The assumptions underlying the projection, including anticipated equipment condition, service levels, and any planned capital or maintenance work incorporated into operating costs. - (c) The degree of certainty or variability in the projection, specifically how much of the line item is fixed or contractually committed versus estimated, and what range of outcomes should be expected if conditions differ from assumptions. - (d) A comparison to current-year actual spending for the same line item, with an explanation of any material variance between the proposed figure and current-year actuals. - 2. This information shall be provided to the Board in writing no later than the April 27, 2026 workshop meeting, in sufficient time for the Board to review and discuss prior to adoption of the budget. - 3. If any provision of this resolution is held invalid, the remaining provisions shall remain in full force and effect. - 4. This resolution shall take effect immediately. Motion by: Trustee Uku Seconded by: Trustee Allen The foregoing motion was duly put to a vote, which resulted as follows: |Mayor Smythe|☐Aye|☒Nay|☐Abstain|☐Recuse|☐Absent/Excused| |---|---|---|---|---|---| |DeputyMayor Kjarval|☐Aye|☒Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Trustee Uku|☒Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Trustee Allen|☒Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Trustee Rothstein|☐Aye|☐Nay|☒Abstain|☐Recuse|☐Absent/Excused| |Vote Total|2|2|1||| |Result|Motion: Failed||||| Page 3 of 11 ## RESOLUTION 13 – 2026 RESOLUTION TO ADOPT 2026-2027 BUDGET (GENERAL & WATER) WHEREAS, the Board of Trustees (Board) has received and reviewed the tentative budget and held a public hearing on April 13, 2026 on same; and WHEREAS, funding lines and expense lines have been developed, reviewed and established in Board Workshop Meetings to reflect income projections and expenses from trending and history; and WHEREAS, the Village’s budget has three areas: General Fund; Water Fund, and Sewer Fund; NOW, THEREFORE, BE IT RESOLVED THAT, The resulting general fund budget will be within the NYS Comptroller Formula for the tax cap. The General Fund budget will be $2,652,305.50; and BE IT FURTHER RESOLVED, the water fund budget will be at $598,100; And, those General Fund and Water Fund budgets are hereby adopted with the Treasurer to be fully advised and authorized to proceed accordingly. Motion by: Mayor Smythe Seconded by: Trustee Rothstein The foregoing motion was duly put to a vote, which resulted as follows: |Mayor Smythe|☒Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |---|---|---|---|---|---| |DeputyMayor Kjarval|☒Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Trustee Uku|☐Aye|☒Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Trustee Allen|☒Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Trustee Rothstein|☒Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Vote Total|4|1|||| |Result|Motion: Passed||||| RESOLUTION 14 – 2026 RESOLUTION TO AUTHORIZE RESUBMISSION OF GREENWAY GRANT APPLICATION FOR VILLAGE CENTER PEDESTRIAN SAFETY IMPROVEMENT PROJECT WHEREAS, the Village of Red Hook became a Greenway Compact Community in June 16, 2016 by amending the Village Code, adding Chapter 25 – Greenway Compact, and WHEREAS, one value of the Greenway Compact is Strengthening Centers (B) which includes supporting and developing Walkable Communities (B-2) and Slower, Safer Streets (B-4), and WHEREAS, an additional value is Site Specifics (E) which includes Landscaping (E1), Signs (E2), Lighting (E4), and Street Trees (E5), and WHEREAS, Greenway Compact Communities are eligible to apply for matching grants up to $50,000 to fund projects in keeping with the Greenway Compact, and WHEREAS, Village residents, visitors, and business owners have all consistently expressed the need for improvements to the pedestrian experience in the Village Center, and WHEREAS, the Village of Red Hook is applying to the Hudson River Valley Greenway for a grant under the Hudson River Valley Greenway McHenry Planning Grant Program for a project to develop a Prioritized Plan to Improve Pedestrian Experience to be located in the Village Center, and Page 4 of 11
2026-04-13→2026-04-13
substantive change+33 −72

Resolution 12 resubmitted as a blank template with added context about Trustee Uku's prior requests for documentation.

  • Added new WHEREAS clause documenting that 'Trustee Uku has been requesting sewer fund financial information from the Chief Budget Officer and Treasurer since February 18, 2026, without receiving the written documentation requested'
  • Removed completed vote tally (2 Aye, 2 Nay, 1 Abstain, Motion Failed) and replaced with blank checkboxes
  • Removed motion maker and seconder names; changed to blank lines for 'Motion by' and 'Seconded by'
  • Changed vote result from 'Motion: Failed' to blank 'Motion:' field
  • Added header 'Prepared with AI assistance from Claude & Google Search' and formal resolution number placeholder
  • Removed Resolutions 13 and 14 from document
  • Added attestation clause by Jennifer Cavanaugh, Clerk at end
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Prepared with AI assistance from Claude & Google Search. **VILLAGE OF RED HOOK RESOLUTION #___ – 2026 DATED: APRIL 13, 2026** ## **RESOLUTION REQUESTING SUPPORTING DOCUMENTATIONFORDOCUMENTATION FOR THE PROPOSED SEWER OPERATIONS BUDGET** ## RESOLUTION 12 – 2026 **WHEREAS,** the Chief Budget Officer has submitted a proposed budget for sewer operations for the upcoming fiscal year; and **WHEREAS,** the current fiscal year sewer operations budget of approximately $160,000 has experienced cost overruns of at least $175,000; and **WHEREAS,** Trustee Uku has been requesting sewer fund financial information from the Chief Budget Officer and Treasurer since February 18, 2026, without receiving the written documentation requested; and **WHEREAS,** the proposed budget does not include an explanation of the methodology, assumptions, or calculations underlying individual line items; and **WHEREAS,** given the magnitude of the current year’s overruns, the Board has a responsibility to scrutinize both the proposed figures and the basis on which they were developed before adopting a sewer operations budget; **NOW, THEREFORE, BE IT RESOLVED** by the Board of Trustees of the Village of Red Hook as follows: **1.** The Board requests that the Chief Budget Officer provide, for each line item in the proposed sewer operations budget, the following: - (a) The basis for the projected amount, including whether it reflects actual current-year spending, vendor quotes, contractual obligations, engineering estimates, or other sources. - (b) The assumptions underlying the projection, including anticipated equipment condition, service levels, and any planned capital or maintenance work incorporated into operating costs. - (c) The degree of certainty or variability in the projection, specifically how much of the line item is fixed or contractually committed versus estimated, and what range of outcomes should be expected if conditions differ from assumptions. - (d) A comparison to current-year actual spending for the same line item, with an explanation of any material variance between the proposed figure and current-year actuals. **2.** This information shall be provided to the Board in writing no later than the April 27, 2026 workshop meeting, in sufficient time for the Board to review and discuss prior to adoption of the budget. **3.** If any provision of this resolution is held invalid, the remaining provisions shall remain in full force and effect. **4.** This resolution shall take effect immediately. Seconded by: __________________ Motion by: Trustee Uku Seconded by: Trustee Allen____________________ The foregoing motionresolution was duly put to a vote, which resulted as follows: |Mayor Smythe|☐□Aye|☒□Nay|☐□Abstain|☐□Recuse|☐□Absent/Excused| |---|---|---|---|---|---| |DeputyMayorDeputy Mayor Kjarval|☐□Aye|☒□Nay|☐□Abstain|☐□Recuse|☐□Absent/Excused| |Trustee Uku|☒□Aye|☐□Nay|☐□Abstain|☐□Recuse|☐□Absent/Excused| |Trustee Allen|☒□Aye|☐□Nay|☐□Abstain|☐□Recuse|☐□Absent/Excused| |Trustee Rothstein|☐□Aye|☐□Nay|☒□Abstain|☐□Recuse|☐□Absent/Excused| |Vote Total|2|2|1||| |Result|Motion: Failed||||| Page 3 of 11 ## RESOLUTION 13 – 2026 RESOLUTION TO ADOPT 2026-2027 BUDGET (GENERAL & WATER) WHEREAS, the Board of Trustees (Board) has received and reviewed the tentative budget and held a public hearing on April 13, 2026 on same; and WHEREAS, funding lines and expense lines have been developed, reviewed and established in Board Workshop Meetings to reflect income projections and expenses from trending and history; and WHEREAS, the Village’s budget has three areas: General Fund; Water Fund, and Sewer Fund; NOW, THEREFORE, BE IT RESOLVED THAT, The resulting general fund budget will be within the NYS Comptroller Formula for the tax cap. The General Fund budget will be $2,652,305.50; and BE IT FURTHER RESOLVED, the water fund budget will be at $598,100; And, those General Fund and Water Fund budgets are hereby adopted with the Treasurer to be fully advised and authorized to proceed accordingly. Motion by: Mayor Smythe Seconded by: Trustee Rothstein The foregoing motion was duly put to a vote, which resulted as follows: |Mayor Smythe|☒Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |---|---|---|---|---|---| |DeputyMayor Kjarval|☒Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Trustee Uku|☐Aye|☒Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Trustee Allen|☒Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Trustee Rothstein|☒Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Vote Total|4|1|||| |Result|Motion: Passed||||| RESOLUTIONI 14hereby –attest 2026 RESOLUTION TO AUTHORIZE RESUBMISSION OF GREENWAY GRANT APPLICATION FOR VILLAGE CENTER PEDESTRIAN SAFETY IMPROVEMENT PROJECT WHEREAS,that the Villageabove Resolution was approved by the Board of RedTrustees Hookat becameits aApril Greenway Compact Community in June 1613, 20162026 meeting, and that I have been authorized to sign this Resolution by amending the Village Code, adding Chapter 25 – Greenway Compact, and WHEREAS, one valuedecision of the Greenway Compact is Strengthening Centers (B) which includes supporting and developing Walkable Communities (B-2) and Slower, Safer Streets (B-4), and WHEREAS, an additional value is Site Specifics (E) which includes Landscaping (E1), Signs (E2), Lighting (E4), and Street Trees (E5), and WHEREAS, Greenway Compact Communities are eligible to apply for matching grants up to $50,000 to fund projects in keeping with the Greenway Compact, and WHEREAS, Village residents, visitors, and business owners have all consistently expressed the need for improvements to the pedestrian experience in the Village Center, and WHEREAS, the VillageBoard of RedTrustees. Jennifer Hook is applying to the Hudson River Valley Greenway for a grant under the Hudson River Valley Greenway McHenry Planning Grant Program for a project to develop a Prioritized Plan to Improve Pedestrian Experience to be located in the Village CenterCavanaugh, andClerk Page 4 of 11Date
2026-04-13→2026-04-13
adopted+20 −34

Document changed from a request for sewer budget documentation to adoption of the complete 2026-2027 budget with specific fund amounts.

  • Resolution purpose shifted from requesting supporting documentation to adopting the 2026-2027 budget
  • Sewer fund budget set at $451,490 (compared to prior year's ~$160,000 with $175,000 overruns)
  • General Fund budget adopted at $2,652,305.50 and Water Fund at $598,100
  • Public hearing date confirmed as April 13, 2026
  • All substantive budget documentation requests removed; budget now formally adopted
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Prepared## with AI assistance from Claude & Google Search. **VILLAGE OF RED HOOK RESOLUTION # ___ –- 2026** # **DATED: APRIL 13, 2026** ##A **RESOLUTION REQUESTING SUPPORTING DOCUMENTATION FOR THE PROPOSED SEWER OPERATIONS BUDGET** **WHEREAS,** the Chief Budget Officer has submitted a proposed budget for sewer operations for the upcoming fiscal year; and **WHEREAS,** the current fiscal year sewer operations budget of approximately $160,000 has experienced cost overruns of at least $175,000; and **WHEREAS,** Trustee Uku has been requesting sewer fund financial information from the Chief Budget Officer and Treasurer since February 18, 2026, without receiving the written documentation requested; and **WHEREAS,** the proposed budget does not include an explanation of the methodology, assumptions, or calculations underlying individual line items; and **WHEREAS,** given the magnitude of the current year’s overruns, the Board has a responsibility to scrutinize both the proposed figures and the basis on which they were developed before adopting a sewer operations budget; **NOW, THEREFORE, BE IT RESOLVED** by the Board of Trusteesmeeting of the Village of Red Hook aswas follows:convened in public session at the Village Hall, 7467 South Broadway, Red Hook, NY on April 13, 2026. The meeting was called to order by Mayor Smythe. ## **1RESOLUTION TO ADOPT 2026-2027 BUDGET.** The Board requests that the Chief Budget Officer provide, for each line item in the proposed sewer operations budget WHEREAS, the following: Board of Trustees (aBoard) has received and reviewed the tentative budget and held a public hearing on April 13, 2026 on same; and WHEREAS, funding lines and expense lines have been developed, reviewed and established in Board Workshop Meetings to reflect income projections and expenses from trending and history; and WHEREAS, the Village’s budget has three areas: General Fund; Water Fund, and Sewer Fund; NOW, THEREFORE, BE IT RESOLVED THAT, The basisresulting general fund budget will be within the NYS Comptroller Formula for the projectedtax amount, including whether it reflects actual current-year spending, vendor quotes, contractual obligations, engineering estimates, or other sourcescap. (b) The assumptionsGeneral underlyingFund budget will be $2,652,305.50; and BE IT FURTHER RESOLVED, the projectionwater fund budget and the sewer fund budget will be as follows: Water Fund at $598, including anticipated equipment condition, service levels100, and anysewer plannedat capital or maintenance work incorporated into operating costs.$451,490; (c) The degree of certainty or variability in the projectionAnd, specificallythose howGeneral muchFund, ofWater the line item is fixed or contractually committed versus estimatedFund, and whatSewer rangeFund ofbudgets outcomesare shouldhereby adopted with the Treasurer to be expectedfully ifadvised conditionsand differ from assumptions. (d) A comparisonauthorized to current-yearproceed actual spending for the same line item, with an explanation of any material variance between the proposed figure and current-year actualsaccordingly. **2.** This information shall be provided to the Board in writing no later than the April 27, 2026 workshop meeting, in sufficient time for the Board to review and discuss prior to adoption of the budget. **3.** If any provision of this resolution is held invalid, the remaining provisions shall remain in full force and effect. **4.** This resolution shall take effect immediately. Seconded by: __________________ Motion by: Seconded ____________________by: The foregoing resolution was duly put to a vote, which resulted as follows: |Mayor Smythe|□☐Aye|□☐Nay|□☐Abstain|□☐Recuse|□☐Absent/Excused| |---|---|---|---|---|---| |Deputy MayorDeputyMayor Kjarval|□☐Aye|□☐Nay|□☐Abstain|□☐Recuse|□☐Absent/Excused| |Trustee Uku|□☐Aye|□☐Nay|□☐Abstain|□☐Recuse|□☐Absent/Excused| |Trustee Allen|□☐Aye|□☐Nay|□☐Abstain|□☐Recuse|□☐Absent/Excused| |Trustee Rothstein|□☐Aye|□☐Nay|□☐Abstain|□☐Recuse|□☐Absent/Excused| |Vote Total|||||| |Result|Motion:||||| I hereby attest that the above Resolution was approved by the Board of Trustees at its April 13, 2026 meeting, and that I have been authorized to sign this Resolution by decision of the Board of Trustees. ______________________ ____________________ Jennifer Cavanaugh, Clerk Date

Recurring pattern

These other chains use the same template but are separate decisions: