MINUTES - APRIL 21, 2003



The regular meeting of the Board of Supervisors of the Township of Lower Makefield was held in the Municipal Building on April 21, 2003.  Chairman Godshalk called the meeting to order at 7:30 p.m. noting that the Board had been meeting in Executive Session since 6:30 p.m. discussing legal issues and interviewing candidates for vacancies on various Boards and Commissions.


Those present:


Board of Supervisors:               Grace Godshalk, Chairman

                                                Wes Hackman, Vice Chairman

                                                Frank Fazzalore, Secretary/Treasurer

                                                Scott Fegley, Supervisor

                                                Pete Stainthorpe, Supervisor


Others:                                     Terry Fedorchak, Township Manager

                                                Jeffrey Garton, Township Solicitor

                                                Robert Williams, Township Engineer

                                                Kenneth Coluzzi, Chief of Police





Ms. Sue Herman asked for an update on Lindenhurst Road.  She stated the Township had asked that a decision on the turnback be held off until a priority list was made on how the funds from PennDOT would be spent.  Mr. Williams stated he did submit the priority list but has heard nothing further.  He noted he was called up for military service and has just returned.  Mr. Garton stated the Township did revise the numbers for the cost to repair the road since they felt it would be turned down if they kept in the prior numbers. Ms. Herman stated she felt the Township was going to talk to District 6 and also felt the Township representatives and residents were going to meet with the Secretary of Transportation prior to their Committee reviewing the turnback request.  Mrs. Godshalk asked that

Mr. Fedorchak follow up with the Secretary of Transportation on Lindenhurst Road to arrange a meeting.  Mr. Fazzalore noted Upper Makefield is opposed to the turn back. 

Mr. Williams stated he did send out proposals on the core borings but has not yet gone through all his mail.


Mr. Charles Pizagno, 837 Sandy Run Road, stated his home is situated on three acres of wooded land.  He noted the property behind his was previously owned by the Bucks County Conservancy, and over the past few years there have been problems with young people coming onto the land and then onto his property and disturbing the land.  He stated they are forced to listen to motorbikes, ATVs, hammering, and shouting from sun up to sun down.  He stated some young people are also taking part in paint ball walls on this property.  He stated there is also evidence of people bringing in grills into the woods.  He stated he has witnessed adults dropping off their children on the property.  He stated the Township now owns this property and he is asking the Township to help with this situation.   He stated he is concerned that there may be injuries and the Township could be sued.    Mr. Pizagno stated a Township employee did help clear up this area last year and signs were posted on his property but the signs have since been removed.  He noted he did speak to the Police Chief about this problem last summer.  Mr. Pizagno stated adults he

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has confronted about dropping off their children indicated it is public land and they are permitted to be there.  He stated young people who have trespassed onto his property have refused to leave and once the Police are called, they cannot locate the trespassers. 


Mr. Garton stated one of the reasons the Township took over this property was because of these problems. Mr. Fazzalore stated he felt they had given instructions that the course that had been constructed was to be torn down.  Mr. Fegley stated he is concerned that from viewing some of the pictures provided, it is going through some environmentally sensitive areas.  Mr. Fedorchak stated if the Board desires, the Township can remove the dirt mounds.  Mr. Fegley stated he would like a report from Mr. Coyne on what needs to be done and then proceed with the project being sensitive to the environment.    Mr. Hackman asked that the Environmental Advisory council under Mr. Fegley’s direction look at the property and insure that it is put back in the proper condition.  Mr. Fedorchak stated if the mounding is removed, most of those coming to the property will not return.  Mr. Hackman asked if there is a main entrance from which most of the people enter the property, and

Mr. Pizagno stated it is from Schuyler Drive and someone has actually put in stones for easier access.  Mr. Hackman asked if installing a fence would help, and Mr. Pizagno agreed it would help in this area but they could still access the property from the tennis courts.


Mr. Fegley asked if there are fines for using ATVs on such a property.  Chief Coluzzi stated there are fines for this as well as for trespassing.  Chief Coluzzi stated

Mr. Wallace did take out these mounds previously and they have since been put back in.  Mr. Pizagno stated they feel this could not have been done by hand and feel people have taken equipment onto the property to build these mounds. 


Ms. Diane Mayes stated Comcast came in October and put in new cable from the sidewalk to the street and now there is mud in the area which they did not restore.  Mr. Fazzalore stated he feels permits are required for this type of work and they should check into whether permits were obtained.  They should also be required to restore the land.  






Pending review of the tapes, Mr. Hackman moved and Mr. Fazzalore seconded to table approval of the Minutes of March 17, 2003.  Motion carried with Mr. Fegley abstained.





Mr. Edward Furman, Maillie Falconeiro was present with Mr. William Taylor. 

Mr. Furman stated they have issued a clean, unqualified letter.  They have also provided

information on the three-year trends.  Mr. Furman stated while the General Fund Balance is down about $150,000 from prior years, it is still well above safe harbor levels by about $1.3 million.  He noted that while total expenditures were up slightly from 2001, total revenue came in higher.  He stated transfer taxes are still strong and above budget as this is difficult to predict.  Mr. Fazzalore stated Actual Expenditures are up minimally or less than 1%.  Mr. Fedorchak asked the debt ceiling, and Mr. Furman stated it is in the 20’s and the Township is at 17 at the end of 2002. 


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Mr. Furman stated the Pension Fund shows that there was a decrease in the value which is very common because of the market conditions.  A full Pension actuarial study is to be done 1/1/03. 


Mr. Furman noted the new format of the financials. He stated the Township is on schedule to adopt this in 2003 and the Finance Department is starting to capture the fixed asset cost.  Mr. Fazzalore asked when \they will see this change, and Mr. Taylor stated it will not be until the end of the year.  Month to month, the financials will look the same.


Mr. Hackman asked how they would characterize the financial status of the Township, and

Mr. Furman stated there is a stable fund balance.  The General Fund Balance is what outside agencies look at.  They recommend that a 5% to 7% General Fund Balance be maintained, and the Township is about $1.3 million above this.  The Enterprise Fund is making a nominal profit.


Mr. Stainthorpe stated he is concerned that because it is an election year some things are being said by people wishing to be elected.  He stated he inadvertently received an e-mail which was sent out by a fellow member of the Republican Executive Committee that was planned to be included in an upcoming communication to residents that indicates the Township is in abysmal financial shape.  This individual also indicates that the Township is planning to sell the sewer system and a large portion of the Patterson Farm.  He stated these statements are absolutely false and the Township is in excellent shape.

Mrs. Godshalk stated this particular e-mail discussed a North 1 Neighborhood News.  She is concerned that many people reading this publication are not able to attend Township meetings and are therefore not aware of what is actually going on.  She noted that when the Township purchased the Patterson Farm there were discussions about selling one of the existing homes and situating it on one or two acres with the hope that the purchasers would restore the property. They are not going to sell 67% of the Patterson Farm property as noted in the e-mail to which Mr. Stainthorpe referred. 


Mr. Fazzalore noted the recommendations listed by Mr. Furman and stated they have again included the comment that several Departments are doing billings and collections and he feels all this should be handled by the Finance Department.


Mrs. Godshalk thanked Mr. Furman, Mr. Taylor and Ms. Sheridan of the Finance Department for the work done on the Audit.





Mrs. Godshalk stated there was previous discussion on the insurance policy as it relates to the Remembrance Day particularly with regard to the hot air balloon rides. She stated the insurance carrier has indicated they should exclude the hot air balloon rides.  They have also indicated that a liability release and permission form should be included for runners and bikers as well as insurance forms for any other vendors.  Mrs. Godshalk asked that they use the forms that they use for the vendors setting up for Earth Day. 


Mr. Hackman moved, Mr. Stainthorpe seconded and it was unanimously carried that Lower Makefield Township sponsor the Remembrance Day events provided they follow Mr. Garton’s letter of 3/28/03 and the requirements of the insurance carrier.


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Mr. Hackman stated the Golf Committee interviewed six different management companies as to how they would manage and operate the Golf Course per the Township requirements.  Companies interviewed included very well-known firms,  and the Golf Committee recommended two of the firms to the Board of Supervisors.  The Board of Supervisors interviewed both firms and decided that Kempersports Management could best serve their needs.  He thanked the Golf Committee for their efforts in this matter.


Mr. Scott Abell, Director of Business Development, and Mr. Steve Skinner, President of Kempersports Management were present.  Mr. Abell showed a slide presentation reviewing the history of their firm which currently has twenty-nine management contracts including Municipal courses and courses in the private sector.  A majority of the courses they manage are Municipal facilities.  They also own twelve properties.  They still have the first Municipal contract they were awarded in 1981.  Mr. Abell stated they are committed to Lower Makefield Township achieving the financial goals of the Township and ensuring Debt Service coverage.  They are excited about this project because of its excellent location, the site itself, the project team, and the golf market in this area.  He stated they did do a great deal of analysis on the golf market in this area and it is a sophisticated golf market. 

Mr. Abell reviewed similar projects they have worked on in the past which have been very successful and discussed the corporate and regional support they will provide.  Mr. Abell reviewed the work they will do including Grow-In Services, Pre-Opening Services,  and Management Services - particularly sales and marketing strategies.  He noted community outreach is very important and should include a Junior Program.  Mr. Abell stated they are also very concerned about a commitment to the environment and would like the course to be an Audubon-Certified Course.  He stated they are looking for a long-term partnership with the Township.  He stated they have a proven success record in Municipal Management  particularly with properties that have tax exempt bond financing.


Mr. Skinner stated their company has grown steadily over the years, and he thanked the Township for this opportunity.


Mr. Fazzalore stated he is concerned with whether they will be able to plant grass by September.  Mr. Hackman stated much of the digging that has been done has involved the two large ponds.  They feel they will still be able to meet the timetable.  Mrs. Godshalk stated it is important to have the Management Company on board when the seed goes in because so much of the investment is in the seed and needs to be overseen by professionals.  Mr. Stainthorpe stated he understands there are still contractual arrangements that need to be worked out, and Mr. Garton stated this is currently under discussion. Mr. Skinner stated they feel they will be able to work out all these issues.

Mr. Hackman stated he is very pleased to have Kemper involved.


Ms. Virginia Torbert asked how the management firm will be compensated - whether it will be a flat rate or based on revenues.  Mr. Hackman stated it is a flat rate for the grow-in period and a rate for the full operation.  If they reach certain gross revenues (approximately $2 million) there is an incentive at that point.  Ms. Torbert asked if they have experience with Golf Courses where liquor is not served, and Mr. Skinner stated to the best of his recollection all of the courses serve alcohol in the Club House and on the Course through beverage carts.  Ms. Torbert asked if this contributes significantly to the profitability, and

Mr. Skinner stated it is a contributing factor.

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Mr. Pat Frame, 16 Delaware Rim, stated his property adjoins the Golf Course, and he commended the Golf Committee for a fantastic job.  He stated those involved in the project have also been very cooperative to him personally.  He stated the Course already looks beautiful. 


Mr. Hackman stated once the Contract is in order, they will approve it at a public meeting in approximately two to four weeks.  Mrs. Godshalk noted several of the Board members and members of the Golf Course Committee visited some of the courses that Kemper manages and they were impressed with the work they have done.  Mr. Stainthorpe stated both properties he visited were exceptionally well maintained, and he was also impressed with the enthusiasm of the employees. He stated their firm was very well represented. 

Mr. Fazzalore asked if they will provide input on the proposed greens fees, and

Mr. Skinner stated they would like to be involved in this with the decision ultimately to be made by the Township.





Mr. James Yates was present and stated this is the next step in establishing a fire inspection program in the Township.  The fees will offset the cost of the program. 


Mr. Hackman noted the discussion on structures and asked if this includes barns, sheds, detached garages, etc.  Mr. Garton stated the Ordinance wherein the definitions were contained was approved at a prior meeting.  Mr. Hackman noted he has a number of these structures on his property.  Mr. Yates stated this applies to commercial use.  Mr. Garton stated the fee schedule relates back to the Ordinance.  Mr. Hackman noted the failure to comply penalty of $500 per day which he feels is high.  Mr. Garton stated this was also in the Ordinance which was already adopted.  He stated what is being considered this evening is the Fee Resolution for the permitting process. 


Mr. Hackman asked if they have any idea what the administrative cost will be and who will do this.  Mr. Fedorchak stated they will pay for Mr. Yates salary and two part-time inspectors which they feel will be necessary to conduct the enforcement program. 

The two-part time employees will not be paid benefits and Mr. Yates will be a consultant. 

Mr. Hackman asked if there is an estimate as to how much this will cost. Mr. Fedorchak stated they did put a number in the Budget and they anticipate the fees will exceed their expenses.  Mr. Hackman asked where these people will be physically located in the Township.  Mr. Fedorchak stated they will be out in the field and they will find someone internally to provide the support function. 


Mr. Yates stated each business must register annually and pay the fee.  The frequency of inspection is determined by the Fire Code which they adopted.  Mr. Fedorchak stated at the current time they are creating a master list and they will then send out an introductory letter explaining the reasons for the program and information on the fee and the inspection process.  Mr. Yates stated he feels each business will be inspected at least annually. 

He noted the Ordinance that was adopted gives them the right to enter the properties. 

Mr. Fedorchak stated they will be looking for the members of the volunteer Fire Company to fill the two part-time inspector positions.  He stated when those individuals are working for the Township, they will not be able to respond to fires. 


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Mr. Garton stated Item #1 of the Resolution should be revised to state “inspection not less than annually.”


Mr. Fazzalore moved, Mr. Stainthorpe seconded and it was unanimously carried to approve Resolution No. 2032 establishing fees associated with the Fire Protection Program with the amendment to #1 that inspection be not less than annually.





Mr. Robert Buckley, President, 1418 Wayne Circle, Mr. John Pocceschi, Vice President,

Leslie Lane, and Mr. Robert Abbenante, 1185 Longmeadow Lane, representing Yardley Baseball were present.


Mr. Fegley noted that Mr. Buckley is a friend of his as well as a business client.


Mr. Buckley stated they submitted their application to the Park & Recreation Department on two occasions and have been unsuccessful in achieving sanctioning.  He stated their next step was to come to the Board of Supervisors.  He noted the packet provided to the Board which they feel includes all the documentation necessary to be sanctioned. He asked that the Board review this and determine whether or not they should be sanctioned as an organization.


Mrs. Godshalk stated she discussed this with Ms. Liney who does her best to try to please everyone as far as the organizations are concerned.  Mrs. Godshalk stated there are 1700 children in PAA and 2000 in YMS.  Yardley Baseball has twenty players and she understands that their major complaint was getting field time.  Ms. Liney has advised that they were given five hours on Sunday. 


Mr. Buckley stated they are asking to get field time that is practical and usable.  They feel the time they were given is unfair because it is five hours all in a row. They feel it would be easy to break this up and get some time on another day.  Mrs. Godshalk stated she understands the Pennsbury School District gave them field time as well.  Mr. Buckley stated they were given from 4 p.m. to 6 p.m. five days a week but they cannot use this to play games because their players are not available to begin play at 4 p.m. while School is in session.


Mr. Buckley stated they are asking to be sanctioned tonight.  He stated they realize at this late date that they will not be able to get field time from another organization but if they are sanctioned, they will be able to get fair and equitable field time next spring.


Mr. Fazzalore asked why they do not join PAA.  Mr. Buckley stated they were part of PAA but  there are political problems.  He stated he has tried to change the PAA program for five years and was unable to do so.


Mr. Stainthorpe asked if the other organizations are sanctioned by the Township, and he was advised that they were.  Mr. Garton stated sanctioning allows them to participate in field allocation, but it does to effect the allocation of time for the fields.  Mr. Stainthorpe stated it appears to him that they meet the sanctioning requirements, and he has no objection to them being sanctioned.

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Mr. Hackman stated there are only four fields and there is only so much time on those fields which can be allotted.  He added because of the numbers involved in PAA, they have been allocated more field time.  He stated Ms. Liney was ready to make the field allocations when Yardley Baseball came in and it was a timing problem.  He stated organizations should be sanctioned by the beginning of the year so administratively they can look at what they need to do.  Mr. Stainthorpe stated it appears Yardley Baseball is accepting the times they have been given and simply want to be sanctioned to improve their chances for the fall.  Mr. Hackman stated Ms. Liney has only so many slots available on the fields. 


Mr. Fedorchak asked why they did not receive sanctioning status from Park & Recreation.

Mr. Buckley stated he asked them where he was deficient and was told by the Park &

Recreation Board Chairman that it was a “gut feeling” that he did not believe what they were doing.  Mr. Hackman stated the problem was they came in with seventeen players and indicated they were a League. At that point, they did not even have two teams. 

Mr. Hackman noted that PAA has over a thousand players and has run their program for forty years.  Mr. Buckley stated he feels an organization needs to be able to start somewhere.   He stated the first time they met with the Park & Recreation Board, some of the members indicated that they would be doing the same thing he was if it were fifteen years earlier. 


Mr. Fegley stated if they meet the rules for sanctioning, he feels they should be sanctioned. He stated from the information provided in the packet, he does not see where they are deficient. 


Mr. Stainthorpe asked if PAA is concerned that they do not have enough field time, and

Mr. Jack Morrison, representing PAA, stated they are concerned about field time. 

Mr. Buckley stated PAA has fifteen 60’ fields aside from the Township fields.  He stated the reason they are going through sanctioning is because with the Pennsbury School District, there is no chance to get more fields because they “grandfather” them in. 

Mr. Fedorchak stated PAA has 1700 players compared to 17 to 20 in Yardley Baseball. 


Mrs. Godshalk stated PAA has done a significant amount of work on the fields. 

Mr. Buckley stated they hope to do the same but the only way they can get their organization to go forward is to get it sanctioned. 


Mr. Fedorchak stated the Park & Recreation Board had indicated that their submission for sanctioning was deficient with regard to certain documentation, but he is not sure of the specifics.  Mr. Buckley stated after they left the first meeting, the Park & Recreation Board indicated they would be re-visiting the rules for sanctioning.  Mr. Kuebler then provided him a letter indicating that the reason they should not be sanctioned was because they did not meet the definition of a League.  Mr. Buckley stated he provided information from sanctioning organizations indicating that this was incorrect.  Mr. Fazzalore stated he is concerned with Mr. Fritchey’s letter which indicates that Yardley Baseball is a narrowly focused program based on the frustration of an individual wishing to coach his own child.

Mr. Buckley stated he served as PAA League Director for five to six years and was removed from that position mid-season.  He stated he has issues he has been trying to change for years and has not been able to do so.  He stated they were told that if they wanted to get away from PAA for a better program, you would have to go to Morrisville and he does not feel this is right.  He added he has a full team of thirteen year olds who would love to come play for him.  Mr. Morrison stated they did offer to have the coach of that thirteen year old team come back to PAA but he declined because PAA would not permit is Assistant Coach to return as he was ejected for fist-fighting.  Mr. Buckley stated

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he is aware of the situation to which Mr. Morrison is referring but he is not speaking of that team.


Mrs. Godshalk asked if they feel sanctioning will help them get additional players, and

Mr. Buckley stated it will.  Mrs. Godshalk stated since they have their fields for this year, the Township will continue to watch the progress of their program.


Mr. Hackman stated the Park & Recreation Board is currently reviewing the sanctioning procedures. He stated he feels the organizations should have to get sanctioned by a certain time depending on the start time of their program.


Mr. Stainthorpe moved, Mr. Fegley seconded and it was unanimously carried that the Township sanction this organization for 2003 subject to compliance with rules and regulations for sanctioning noting that the fields have already been allocated for this year.


Mr. Hackman stated he feels Ms. Liney does an excellent job allocating fields and he would prefer not to get involved with field allocation.





Mr. Fazzalore moved and Mr. Stainthorpe seconded to award the bid for 2003 Curb Ramp Project to Giavannone Construction at a cost of $24,336.00.


Mr. Fazzalore stated each year he asks how much more of this work needs to be done and he is always told that this year is the last.  Mr. Williams stated he will look into this.


Motion to approve carried unanimously.





Mr. Williams stated this is an attempt to further control pollutants from discharging to the storm sewers.  The Township has submitted the application and they have asked for additional information which was submitted.  This is a five year program and they need to start documenting.  They have been working with the Environmental Advisory Council on this.





There was discussion on the request of Heather & Don Waters, 1579 Partridge Way, to install a patio around their pool creating an impervious surface of 12.98%. 

Mr. Garton noted this is a Farmland Preservation property.  Mrs. Waters was present and stated most of their neighbors are currently at 18% to 19% impervious surface.  She noted they have the largest lot in the neighborhood.  Mr. Williams stated he did not feel this proposal would create any problems.


Mr. Stainthorpe moved, Mr. Hackman seconded and it was unanimously carried to approve the request.




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Mr. Garton stated this is an individual Subdivision Agreement for an individual lot out of a Subdivision.  The staff recommends approval.


Mr. Stainthorpe moved, Mr. Hackman seconded and it was unanimously carried to approve the Development Agreement for Jeffrey and Cathleen Little, 809 Kent Drive.





Mr. Hackman moved, Mr. Stainthorpe seconded and it was unanimously carried to approve the Development Agreement for the Metz Tract.





Mr. Stainthorpe moved, Mr. Fazzalore seconded and it was unanimously carried to approve extensions for Valley Day School Site to May 7, 2003 and Bucks Central Church to August 5, 2003.





Mr. Stainthorpe moved and Mr. Fazzalore seconded to accept Dedication for Carmelo Sansalone.  Mr. Garton stated all conditions have been met and he has a Resolution to present to the Board.  Motion carried unanimously.





Mr. Fazzalore moved, Mr. Stainthorpe seconded and it was unanimously carried to grant a Certificate of Appropriateness to Yardley Plastic Surgery, 1666A Edgewood Road, for revisions to handicapped railing.





Mr. Fazzalore moved and Mr. Stainthorpe seconded to approve the April 7, 2003 and

April 21, 2003 Warrant Lists and March, 2003 payroll as attached to the Minutes.


Mrs. Godshalk stated she feels this matter should be moved up on the Agenda so that it comes after the Approval of Minutes since there may be questions to be asked to Township employees who would be present at that time.



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Mrs. Godshalk asked about the Emergency Management meetings, and Chief Coluzzi stated both were well attended.


Mr. Fazzalore stated the Cable Contract should be coming up and they should review this since surrounding Townships seem to receive more money over and above the Franchise Fee than Lower Makefield receives.  Mr. Fedorchak stated possibly the CATV Board should be looking into this now, and Mr. Fazzalore stated they are doing this at this time.


Mr. Hackman stated he received a call from someone on the Performing Arts Board regarding the 25th Year Celebration they are hosting at Elm Lowne.  He stated they are not being charged for the use of the property because they are a Township-sponsored organization; however, they asked him why they have to pay a Guardian $25 an hour, the $100 cleaning fee, and are required to rent portable toilets.  He stated they indicated they would clean up after themselves and feel they could use the restrooms indoors.   

Mrs. Godshalk stated she has discussed this matter with them and advised them of the need for Guardians rather than relying on their members.  She stated if they want to have the house open, they need to pay the Guardian fee.  She also noted the need for the property to be cleaned.  Mr. Fazzalore and Mr. Fegley stated they feel they should follow the rules which have been set up for the use of Elm Lowne.


Mr. Fegley asked that everyone come out to the Earth Day Event on Saturday.





All Supervisors with the exception of Mr. Hackman indicated they would be participating in the Memorial Day Parade.


Mr. Fazzalore stated he feels they should provide candy for the Parade, and Mr. Fedorchak agreed to obtain it.





Mr. Fegley moved, Mr. Fazzalore seconded and it was unanimously carried to authorize

Mr. Garton to appeal the Malmsberg Appeal.





Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to appoint Tom Augustin to the Police Pension Committee.


Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to

re-appoint Jim Coyne to the Non-Uniformed Pension Committee.


Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to

re-appoint Susanne Curran to the Historic Commission.


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Mr. Fazzalore moved, Mr. Hackman seconded and it was unanimously carried to

re-appoint Ed Miller to CATV.


Mr. Fegley moved, Mr. Stainthorpe seconded and it was unanimously carried to appoint Byron Roth to the Environmental Advisory Council.


Mr. Fegley moved, Mr. Stainthorpe seconded and it was unanimously carried to re-appoint Victor Fiori to the Environmental Advisory Council.



There being no further business, Mr. Stainthorpe moved, Mr. Hackman seconded and it was unanimously carried to adjourn the meeting at 9:45 p.m.


                                                                        Respectfully Submitted,





                                                                        Frank Fazzalore, Secretary