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APRIL 11, 2007

 

 

PRESENT:

Mayor Harry Nicolaides

Helen L. Averso, Clerk-Treasurer

Deputy Mayor Albert T. Jaronczyk

James Bradley, Counsel

Trustee Peter Puttré

Anthony DiProperzio, Building Inspector

Trustee Sheila A. Brennan

 

Trustee Elaine R. Phillips

 

 

 

ANNUAL MEETING

 

The Annual Meeting of the Board of Trustees was called to order by Mayor Nicolaides at 8:00 PM.

 

The Mayor reported that a total of thirty-one (31) voters had presented themselves for voting at the Annual Election held on Tuesday, March 20, 2007, with an additional three (3) votes cast by absentee ballot.  The Clerk reported that the Oath of Office had been taken by those elected, with votes cast as follows:

 

Mayor                          Harry Nicolaides                      2 Years            33 votes

Trustee                       Albert T. Jaronczyk                  2 Years            32 votes

Trustee                       Sheila A. Brennan                    2 Years            30 votes

 

For the information of the Board, the Mayor referred to various sections of the Village Law of the State of New York and the Zoning Ordinance for the Village of Munsey Park concerning the action to be taken this evening.

 

Article I, Chapter 27 of the Code of General Ordinances of the Village of Munsey Park entitled "Code of Ethics" was called to the attention of those present.

 

It was moved by Mayor Nicolaides and seconded by Deputy Jaronczyk that the following resolution be adopted:

 

BE IT RESOLVED that the Mayor and Board of Trustees serve without compensation for the current fiscal year.

 

  On roll call, the vote was as follows:

 

Mayor Nicolaides                                 - Aye

Deputy Mayor Jaronczyk                    - Aye

Trustee Puttré                                     - Aye

Trustee Brennan                                 - Aye

Trustee Phillips                                   - Aye

 

The Mayor declared the resolution duly adopted.

 

Pursuant to §4-400 of the Village Law of the State of New York the Mayor made the following appointments, seconded by Trustee Brennan subject to approval of the Board of Trustees:

 

Helen L Averso re-appointed VILLAGE CLERK/TREASURER for a term of two (2) years, expiring on the first Monday of April 2009.

 

Lenore Regan re-appointed DEPUTY CLERK / COURT CLERK for a term of one (1) year, expiring on the first Monday of April 2008.

           

Anthony S. DiProperzio re-appointed BUILDING INSPECTOR for a term of one (1) year, expiring on the first Monday of April 2008.

 

Francis J. Coughlin Jr., re-appointed ACTING VILLAGE JUSTICE for a term of one (1) year, expiring on the first Monday of April 2008.

 

BE IT RESOLVED, that the appointments be approved:

 

On roll call, the vote was as follows:

 

Mayor Nicolaides                                 - Aye

Deputy Mayor Jaronczyk                    - Aye

Trustee Puttré                                     - Aye

Trustee Brennan                                 - Aye

Trustee Phillips                                   - Aye

 

The Mayor declared the appointments approved.

 

It was moved by Mayor Nicolaides and seconded by Trustee Brennan to approve the following appointments:

 

Deborah Miller is appointed as Chairperson of Board of Zoning Appeals for the 2007/2008 official year.

 

Mark Marcucci is appointed as a member of the Zoning Board of Appeals for a five-year term expiring April 2012.

 

Joseph Evans is appointed as the Village of Munsey Park representative for the Manhasset Bay Protection Committee for the 2007/2008 official year

 

Paul Becker is appointed as the Nassau County Emergency Management Village Representative for the 2007/2008 official year.

 

On roll call, the vote was as follows:

 

Mayor Nicolaides                                 - Aye

Deputy Mayor Jaronczyk                    - Aye

Trustee Puttré                                     - Aye

Trustee Brennan                                 - Aye

Trustee Phillips                                   - Aye

 

The Mayor declared the appointments approved.

 

Pursuant to §4-400 of the Village Law of the State of New York Mayor Nicolaides appointed Trustee Jaronczyk as Deputy Mayor for the 2007/2008 Official Year.

 

It was moved by Mayor Nicolaides and seconded by Trustee Brennan that James Bradley and Michelle Prior of the firm Ackerman, Levine, Cullen & Brickman, LLP be retained as Village Attorney and Prosecutor, authorized to proceed as outlined in the proposal dated February 22, 2007, a copy of which will be made a part of these minutes.

 

On roll call, the vote was as follows:

 

Mayor Nicolaides                                 - Aye

Deputy Mayor Jaronczyk                    - Aye

Trustee Puttré                                     - Aye

Trustee Brennan                                 - Aye

Trustee Phillips                                   - Aye

 

The Mayor declared the resolution duly adopted.

 

It was moved by Mayor Nicolaides and seconded by Deputy Mayor Jaronczyk that the firm Skinnon and Faber Certified Public Accountants; P.C., be retained to provide accounting services as outlined in the proposal dated December 29, 2006, a copy of which will be made a part of these minutes.

 

On roll call, the vote was as follows:

 

Mayor Nicolaides                                 - Aye

Deputy Mayor Jaronczyk                    - Aye

Trustee Puttré                                     - Aye

Trustee Brennan                                 - Aye

Trustee Phillips                                   - Aye

 

The Mayor declared the resolution duly adopted.

 

It was moved by Mayor Nicolaides, and seconded by Trustee Phillips that the following resolution be adopted:

 

BE IT RESOLVED, that the Manhasset Press, a newspaper published in Manhasset, Town of North Hempstead, be, and hereby is, designated

 

 

OFFICIAL NEWSPAPER for the 2007/2008 official year, pursuant to §4-412 of the Village Law of the State of New York.

 

On roll call, the vote was as follows:

 

Mayor Nicolaides                                 - Aye

Deputy Mayor Jaronczyk                    - Aye

Trustee Puttré                                     - Aye

Trustee Brennan                                 - Aye

Trustee Phillips                                   - Aye

 

The Mayor declared the resolution duly adopted.

 

Pursuant to §5-524(6) of the Village Law of the State of New York it was moved by Mayor Nicolaides and seconded by Deputy Mayor Jaronczyk that the following resolution be adopted:

 

BE IT RESOLVED that the Clerk/Treasurer be authorized to make payment in advance of audit for public utility services, postage, freight and express charges.  Such claims must be presented for audit at the next regular meeting.

 

On roll call, the vote was as follows:

 

Mayor Nicolaides                                 - Aye

Deputy Mayor Jaronczyk                    - Aye

Trustee Puttré                                     - Aye

Trustee Brennan                                 - Aye

Trustee Phillips                                   - Aye

 

The Mayor declared the resolution duly adopted.

 

Pursuant to §4-412 of the Village Law of the State of New York it was moved by Mayor Nicolaides and seconded by Trustee Puttré that the following resolution be adopted:

 

BE IT RESOLVED that Bank of America, North Fork Bank, Chase Bank. Commerce Bank, Wachovia Bank and MBIA Class are, and hereby are, designated OFFICIAL DEPOSITORIES for the current 2007/2008 official year and that the Clerk/Treasurer be authorized to deposit funds as outlined in the Investment Policy adopted by the Board of Trustees on January 14, 1987, and amended June 12, 1996.

 

On roll call, the vote was as follows:

 

Mayor Nicolaides                                 - Aye

Deputy Mayor Jaronczyk                    - Aye

Trustee Puttré                                     - Aye

Trustee Brennan                                 - Aye

Trustee Phillips                                   - Aye

 

The Mayor declared the resolution duly adopted.

 

Pursuant to §104-b of the General Municipal Law of the State of New York it was moved by Mayor Nicolaides and seconded by Deputy Mayor Jaronczyk that the following resolution be adopted:

 

BE IT RESOLVED that the Board, after review of the Procurement Policy adopted previously on December 8, 1993, does hereby adopt the same policy for use in purchases by the Village during the 2007/2008 official year.

 

On roll call, the vote was as follows:

 

Mayor Nicolaides                                 - Aye

Deputy Mayor Jaronczyk                    - Aye

Trustee Puttré                                     - Aye

Trustee Brennan                                 - Aye

Trustee Phillips                                   - Aye

 

The Mayor declared the resolution duly adopted.

 

The Board adopted both the Procurement Policy and the Investment Policy, but requested to review both of them before the next meeting, the Mayor directed the Clerk/Treasurer to get copies for the Board to review.

 

It was moved by Mayor Nicolaides and seconded by Deputy Mayor Jaronczyk that the following resolution be adopted:

 

BE IT RESOLVED that meeting dates for the 2007/2008 official year be as follows:

 

            2007   

May 9  

June 13

July 11

August-no meeting

September 12

October 10

November 14

December 12

 

2008

January 9

February 13

March 12

April 9 Annual Meeting

 

BE IT FURTHER RESOLVED that all meetings shall begin at 8:00 PM.

 

It was moved by Mayor Nicolaides and seconded by Trustee Puttré that the following resolution be adopted:

 

On roll call, the vote was as follows:

 

Mayor Nicolaides                                 - Aye

Deputy Mayor Jaronczyk                    - Aye

Trustee Puttré                                     - Aye

Trustee Brennan                                 - Aye

Trustee Phillips                                   - Aye

 

The Mayor declared the resolution duly adopted.

 

BE IT RESOLVED that the Board of Zoning Appeals meetings shall be held on the first Monday of each month, at 7:30 PM, provided they have business to transact.

 

 

On roll call, the vote was as follows:

 

Mayor Nicolaides                                 - Aye

Deputy Mayor Jaronczyk                    - Aye

Trustee Puttré                                     - Aye

Trustee Brennan                                 - Aye

Trustee Phillips                                   - Aye

 

The Mayor declared the resolution duly adopted.

 

It was moved by Mayor Nicolaides and seconded by Deputy Mayor Jaronczyk that the following resolution be adopted:

 

WHEREAS the Board of Trustees has determined that attendance by certain municipal officials and employees at one or more conferences and meetings during the coming official year will benefit the municipality,

RESOLVED that the Clerk/Treasurer or Deputy Clerk/Court Clerk be authorized to attend the regular meetings of their respective state, county, and local associations, and

 

BE IT FURTHER RESOLVED that the Clerk/Treasurer be authorized to attend the New York State Conference of Mayors Fall Training School for Fiscal Officers and Municipal Clerks, General Finance Officers Association annual meeting and

 

BE IT FURTHER RESOLVED that the Court Clerk be authorized to attend the annual Court Clerks Training School, and

 

BE IT FURTHER RESOLVED that Zoning Board of Appeals and the Mayor and Board of Trustees be authorized to attend any training schools, and

 

BE IT FURTHER RESOLVED that the Village Justice and Acting Village Justice be authorized to attend state or county continuing judicial education programs, and

 

BE IT FURTHER RESOLVED that the Board of Trustees shall approve reimbursement to such officers for actual expenses and/or for mileage at the rate per mile set by the Internal Revenue Service for travel in their personal automobiles to these meetings, schools, and conferences.

 

On roll call, the vote was as follows:

 

Mayor Nicolaides                         - Aye

                        Deputy Mayor Jaronczyk             - Aye

Trustee Puttré                             - Aye

                        Trustee Brennan                         - Aye

                        Trustee Phillips                           - Aye

 

The Mayor declared the resolution duly adopted.

 

The Mayor made the following assignments to the Trustees for various responsibilities of Village government for the 2007/2008 official year.  This will be reviewed and may be changed during the next few months:

 

HARRY NICOLAIDES

Mayor

 

Personnel

 

Finances

 

Liaison – Police

 

Liaison – Town, County and Schools

 

Liaison – Building Advisory Committee

 

Liaison – NYS Department of Transportation

 

 

ALBERT T. JARONCZYK

Deputy Mayor

 

Village Hall

 

Human Resources

 

Fixed Assets

 

Equipment Specifications

 

Insurance

 

 

PETER PUTTRÉ

Liaison – Cable TV / PATC

 

Street Lights

 

Roads, Sidewalks and Gutters          

 

Storm Sewers

 

Street Sweeping

 

Street Markings Street Signs

 

SHEILA A BRENNAN

Snow and Ice Control

 

Refuse and Leaf Removal

 

Tree and Shrub Committee

 

Voice of Munsey Park

 

 

ELAINE PHILLIPS

Co Finance committee

 

Parks and Grounds

 

Dogs

 

 

 

 

The Annual Meeting was declared closed.

 

 

PUBLIC HEARING / 2007-2008 BUDGET

 

The Public Hearing on the budget for the fiscal year beginning June 1, 2007, and ending May 31, 2008, for the Incorporated Village of Munsey Park was called to order by Mayor Nicolaides.

 

The Clerk stated that she had the required Notice of Public Hearing and Affidavit of Publication from the Manhasset Press.

 

Mayor Nicolaides stated that the purpose of this public hearing is to review, and hopefully adopt, the budget for the fiscal year beginning June 1, 2007, and ending May 31, 2008.  By New York State law the hearing on the tentative budget must be commenced by April 15, and the budget must be adopted by May 1 in order that taxes can be levied by May 15.

 

Deputy Mayor Jaronczyk stated that the only changes in the tentative budget prepared were removing $25,000 from the appropriated surplus down to $110,000 and adjusting the appropriations highway repair reserve down to $175,000. The amount to be raised by taxes would not change.   

 

A copy of the adopted budget will be affixed to these minutes.

 

The 2007/2008 budget, as prepared by the Mayor and Board of Trustees, with the above adjustments, contains anticipated revenues, excluding real property taxes, of $546,969.  This is the amount we anticipate receiving for permit fees, interest, justice fees, utility gross receipts taxes, revenue sharing, etc.  

 

The tentative budget includes appropriations in the amount of $1,510,735; an increase from 2006/2007 of $3,949 due to a minor increased costs in salaries, benefits and contracted services.  

 

As indicated in Exhibit A, the amount required to be raised by taxation is $853,766, an increase from last year of $10,395, less than a 1.25% increase.

 

The tax rate and tax levy will be an agenda item for the May 9, 2008, meeting of the Board of Trustees.

 

With no persons appearing to be heard it was moved by Deputy Mayor Jaronczyk and second by Trustee Brennan that the hearing be closed.

 

On roll call, the vote was as follows:

 

Mayor Nicolaides                                 - Aye

Deputy Mayor Jaronczyk                    - Aye

Trustee Puttré                                     - Aye

Trustee Brennan                                 - Aye

Trustee Phillips                                   - Aye

 

The Mayor declared the hearing closed.

 

The following resolution was offered by Mayor Nicolaides and seconded by Deputy Mayor Jaronczyk:

 

A RESOLUTION ADOPTING THE BUDGET FOR THE FISCAL YEAR COMMENCING JUNE 1, 2007, AND ENDING MAY 31, 2008, MAKING APPROPRIATIONS FOR THE CONDUCT OF VILLAGE GOVERNMENT AND ESTABLISHING THE RATES OF COMPENSATION FOR OFFICERS AND EMPLOYEES FOR SUCH PERIOD.

 

WHEREAS, the Board of Trustees has met at the time and place specified in the Notice of Public Hearing on the Tentative Budget, and heard all persons desiring to be heard thereon,

 

NOW THEREFOR,

 

BE IT RESOLVED that the Preliminary Budget as hereinafter set forth and a copy of which is attached to these minutes, is hereby adopted, and the several amounts stated in the column entitled "Adopted" in Schedule 1-A be, and hereby are, appropriated for the objects and purposes specified, and the salaries and wages stated in Schedule 5 of such budget shall be, and hereby are, fixed at the amounts shown therein, effective June 1, 2007,

 

On roll call, the vote was as follows:

 

Mayor Nicolaides                                 - Aye

Deputy Mayor Jaronczyk                    - Aye

Trustee Puttré                                     - Aye

Trustee Brennan                                 - Aye

Trustee Phillips                                   - Aye

 

The Mayor declared the resolution duly adopted.

 

The Budget Hearing was closed   

 

Mayor Nicolaides called public Hearing to order.

A brief discussion and review was held on the proposed local law and Village Attorney James Bradley mentioned that the Nassau Planning Commission had no objections to Local Law 3-2007. Since the Board had closed the hearing at the March Board meeting before formal adoption, the Board will now formally adopt Munsey Park Local Law 3-2007 entitled “A Local Law to Establish Fees and Deposits for Zoning Applications and Subdivision Applications.”  

 

The proposed local law would take effect immediately.  

 

Copies of said local law are available for review at the Village Hall during normal business hours,

By Order of the Board of Trustees

 

A motion was made by Mayor Nicolaides and seconded by Trustee Brennan to adopt the proposed local law as presented.

 

On roll call, the vote was as follows:

 

Mayor Nicolaides                                 - Aye

Deputy Mayor Jaronczyk                    - Aye

Trustee Puttré                                     - Aye

Trustee Brennan                                 - Aye

Trustee Phillips                                   - Aye

 

The Mayor declared the Local Law duly adopted.

 

 

A brief discussion and review was held on the proposed local law and Village Attorney James Bradley noted although the Nassau Planning Commission had not yet voted, the Village should now formally approve this local law and Local Law 4-2007.  Since the Board had closed the hearing at the March Board meeting before formal adoption, the Board will now formally adopt Munsey Park Local Law 4-2007 entitled “A Local Law Establishing Stormwater Control and Erosion and Sediment Control in the Village of Munsey Park.” 

 

The proposed local law would take effect immediately.

 

Copies of said local law are available for review at the Village Hall during normal business hours.

By Order of the Board of Trustees

 

A motion was made by Mayor Nicolaides and seconded Trustee Phillips to adopt the proposed local law as presented.

 

On roll call, the vote was as follows:

Mayor Nicolaides                                 - Aye

Deputy Mayor Jaronczyk                    - Aye

Trustee Puttré                                     - Aye

Trustee Brennan                                 - Aye

Trustee Phillips                                   - Aye

 

The Mayor declared the Local Law duly adopted.

 

 

Mayor called the regular business meeting to order.

 

ROAD IMPROVEMENTS

 

Ken Pritchard of Dvirka & Bartilucci was present to state that the Notice to bidders will appear in the paper April 19, 2006.  Specifications will be available for pick up April 20.  The bid opening will be Monday, April 30, 2006.  Dvirka & Bartilucci will have the results and a recommendation for awarding the bid at the May 9, 2007 meeting.  The proposed road project encompasses three phases of approximately 11,100 linear feet.

 

Mr. Pritchard spoke about not including the Park Avenue road project in the bid so the Village could try and get a grant from the New York State Department of Transportation. There might be funding for a Traffic Calming Grant.  After speaking with our traffic consultants, Eschbacher & Associates, it appears there is a possibility we may be able to obtain the grant.  Further, since there are valid reasons why the Village should receive money for the grant, it is recommended that we apply for same.  The Village will know in approximately three weeks whether or not we should hold off on the Park Avenue project and go for the grant, or proceed with the bid if it is determined there is no chance to obtain the grant.

 

A motion was made by Deputy Mayor Jaronczyk and seconded by Trustee Brennan to authorize Eschbacher & Associates to do a traffic study and approve spending not to exceed $15,000.

 

On roll call, the vote was as follows:

 

Mayor Nicolaides                                 - Aye

Deputy Mayor Jaronczyk                    - Aye

Trustee Puttré                                     - Aye

Trustee Brennan                                 - Aye

Trustee Phillips                                   - Aye

 

The Mayor declared the motion duly adopted.

                                               

MINUTES for the March 13, 2007, meetings were approved as submitted.

 

FINANCES for April 2007 were presented by the Clerk/Treasurer.  Disbursements as detailed in Abstract of Vouchers in the amount of $74,614.34 were approved for payments.

 

JUSTICE REPORT for March 2007 was submitted by the Clerk and stated revenues in the amount of $5,134, of which $1,660 was for parking violations. 

 

POLICE REPORT for March 2007 was distributed to the Board.  During the month of March 77 tickets were issued (43 for Vehicle & Traffic violation and 34 for Parking). There were no burglaries, four auto accidents, one robbery at the Chase Bank and one larceny report of a lost pocketbook from a shopping cart. 

 

BUILDING INSPECTOR REPORT for March 2007 was submitted to the Board.  There were no building matters for the Board this month.

 

CLERK’S REPORT 

 

The Clerk reported that Lenore Regan, Deputy Clerk/Court Clerk, would be sworn in as President of the Nassau/Suffolk Court Clerk Association for a two-year term.

 

The clerk also reported that the State budget was approved and the State Aid of the Village was reinstated and the Village will get $11,121 a 3% increase from last year.

 

MAINTENANCE crew is busy filing potholes and cleaning the streets.  Street cleaning, spring clean-up and the spring planting is underway.

 

COUNSEL REPORT / COURT MATTERS

The Village Attorney had nothing to report to the Board of Trustees at this time.

 

The Board had a brief discussion on the new training regulations that were adopted by the State for the training of Zoning Board of Appeals members and Planning Board members, it seems that most of the villages are opting out and passing their own resolutions of various training options.

 

The following resolution was by offered the Board:

 

WHEREAS, this Board has been made aware of the recent additions of subdivision 7-a to section 7-712 and subdivision 7-a to section 7-718 of Article 7 of the New York State Village Law, which, in substance, now require that each member of the Village’s Board of Appeals and Planning Board (the “Boards”) shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties; and

 

WHEREAS, under sections 200-61 to 200-63 of the Village Code, the Village Board serves as the Planning Board of the Village;

 

WHEREAS, it has been and continues to be the policy of the Village that at all meetings of the Boards, knowledgeable and experienced legal counsel is provided to advise the members of the Boards of the law that is relevant to the applications then before them; and

 

WHEREAS, such counsel has been and continues to advise the Boards of recent decisions and changes in relevant statutes that might impact upon the decisions of the Boards; and

 

WHEREAS, it is the belief of this Board that the aforesaid education and training of the members of the Boards by the Village’s counsel at the Board meetings meet and exceed the substance and the spirit of the training set forth in the said recent amendments; and

 

WHEREAS, New York Municipal Insurance Reciprocal has provided an on-line “Zoning School” in order to provide a training program that satisfies the 4-hour training requirements of said recent amendments; and

 

WHEREAS, this Board finds that it is essential that the members of the Boards act with knowledge of the relevant law in all of the applications before them; and

 

WHEREAS, this Board also appreciates the fact that the members of the Boards freely provide their limited time for no compensation; that finding knowledgeable qualified individuals who are willing to give of their time to serve on the Boards is not always easy; and it would not be in the best interest of the Village to further impose upon those knowledgeable and qualified individuals who are willing to serve on the Boards to attend training sessions that are redundant or irrelevant to the types of applications that come before their respective Boards;

 

NOW THEREFOR, BE IT RESOLVED AS FOLLOWS:

 

1.  This Board hereby restates the Village policy that legal counsel be provided at all of the meetings of the Village’s Board of Appeals and the Planning Board to advise the members thereof of the law relevant to the applications before them.

 

2.  This Board hereby directs the legal counsel present at the meetings of the Boards to continue to advise the Boards of recent decisions and changes in relevant statutes that might impact upon the decisions of the members of the Boards.

 

3.  The Village Clerk shall advise the members of the Boards of this resolution and make known to them that a copy of the New York Municipal Insurance Reciprocal Zoning School is available to them on-line, in the event that they would like to take advantage of it, and that, upon their request, copies of the documents, downloaded from the web site, will be provided to them by the Village Clerk.

 

4.  In the event that any member of either of the Boards should have any questions with regard to the Zoning School documents, or otherwise as to the relevant law with regard to any application before his or her Board, counsel to such Board is hereby directed to fully and completely respond to such questions.

 

5.  Notwithstanding the foregoing, new appointees to the Village’s Board of Appeals, before assuming their position, shall receive the annual training in accordance with subdivision 7-a to section 7-712 of Article 7 of the New York State Village Law, by reading the appropriate materials provided by the New York Municipal Insurance Reciprocal Zoning School available on-line.

 

6.  The foregoing shall be deemed full satisfaction of the training requirements set forth in Article 7 of the Village Law for members of the Village’s Board of Appeals and Planning Board and, to the extent that any additional requirements might be deemed to be required by virtue of such article, such required training is hereby waived by this Board in the best interest of the Village.

 

The foregoing resolution was moved by Mayor Nicolaides and seconded by Trustee Brennan and adopted as follows:

 

Mayor Nicolaides                                 - Aye

Deputy Mayor Jaronczyk                    - Aye

Trustee Puttré                                     - Aye

Trustee Brennan                                 - Aye

Trustee Phillips                                   - Aye

 

Dated:  April 12, 2007

 

 

There being no further business, the meeting was declared adjourned at 9:30 p.m.

 

 

 

                                                                                    ___________________________

Harry Nicolaides, Mayor                                              Helen L. Averso, Clerk / Treasurer

 

 

THE NEXT REGULAR MEETING OF THE BOARD OF TRUSTEES WILL BE HELD AT 8:00 PM ON WEDNESDAY, MAY 9, 2007.

 

 

 

 

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