MINUTES - MAY 5, 2003



The regular meeting of the Board of Supervisors of the Township of Lower Makefield was held in the Municipal Building on May 5, 2003.  Vice Chairman Hackman called the meeting to order at 7:30 p.m. noting that the Board had been meeting in Executive Session since 6:00 p.m. to interview candidates for various Boards and Commissions and to discuss legal matters.


Those present:


Board of Supervisors:  Wes Hackman, Vice Chairman

                                                Frank Fazzalore, Secretary/Treasurer

                                                Scott Fegley, Supervisor

                                                Pete Stainthorpe, Supervisor


Others:                                     Terry Fedorchak, Township Manager

                                                Douglas Maloney, Township Solicitor

                                                Robert Williams, Township Engineer

                                                Kenneth Coluzzi, Chief of Police


Absent:                         Grace Godshalk, Chairman Board of Supervisors




Mr. John Warski, 8 Patrick Lane,  asked why the Board of Supervisors does not look into the increases made by the Pennsylvania American Water Company.  Mr. Fazzalore stated he was planning to bring this matter up this evening and ask that they petition the Utility Commission about the increase.  Mr. Hackman stated the Township routinely brings this up and they are routinely ignored.





Mr. Fegley stated they did not have the attendance they had hoped for this year at the Earth Day Event due to the weather, but those who did attend had a good time.  He noted the artwork submitted by children for the Art Contest which was posted throughout the meeting room.  He presented the awards this evening to the winners.  Ms. Liney assisted with the presentation.





Mr. Hackman called on the Solicitor to publicly announce the Court’s decision regarding Matrix.  Mr. Maloney stated there was litigation in the Bucks County Court of Common Pleas; and by Order dated 4/29/03, Judge Heckler denied the Land Use Appeal that had been filed by RAM and sustained the Board of Supervisors’ opinion.  Judge Heckler indicated it would be inappropriate for the Court to substitute its judgment against the Board.  The Judge stated that there is no basis upon which to conclude that the Board abused the discretion entrusted to them by the MPC or that they have erroneously applied their Ordinances or the laws of the Commonwealth.  Mr. Hackman noted the Petitioners have thirty days to Appeal.

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Mr. Fazzalore moved and Mr. Stainthorpe seconded to approve the Minutes of March 17, 2003 as written.  Motion carried with Mr. Fegley abstained.


Mr. Fazzalore moved, Mr. Stainthorpe seconded and it was unanimously carried to approve the Minutes of April 21, 2003 as written.





Mr. Hackman noted Mr. Steil, Mr. Warren, and other PennDOT representatives had attended a recent Board of Supervisors’ meeting to discuss the Lindenhurst Road turnback issue.  The Board was to send them some additional information and wanted to meet with them before they made any decision on the turnback. 


Mr. Fedorchak stated on April 29, his office received a fax from Sherri Zimmerman of PennDOT.  He read the fax which states that upon thorough review, a decision was made not to proceed with the transfer of Lindenhurst Road.  She indicated that they were drafting a letter to the Board detailing the reasons for this decision.  Mr. Fedorchak stated his office had made contact through Representative Steil’s office in April to set up a meeting with PennDOT.  They had decided to meet in mid-May with the Secretary of Transportation but they heard nothing further until they received the fax just read.   Mr. Fedorchak stated the day after they received the fax he sent a letter to Ms. Zimmerman asking about the status of the meeting to be held.  Friday morning he contacted Pat Sullivan since he had heard nothing further from Ms. Zimmerman about the details of the turn down of their request to take back Lindenhurst Road.  He asked Mr. Sullivan to fax the letter outlining the reasons for the denial and Mr. Sullivan did so.  He also asked that Mr. Sullivan respond to their request to meet with the Secretary of Transportation.  Mr. Fedorchak noted the letter received from Mr. Sullivan indicated that they had decided not to proceed with the turnback since it did not meet the objectives of the program, did not have the support of the surrounding Townships, and would only include a portion of the entire roadway.  This letter had been signed by Ms. Zimmerman.  A letter dated May 2 was also noted by

Mr. Fedorchak which indicates that the meeting requested is no longer needed since a decision has already been rendered.    Mr. Fedorchak stated he then spoke to Mr. Sullivan and asked him when the Program Management Committee met and Mr. Sullivan indicated that they met on April 15 which would have been a full two weeks before Mr. Fedorchak’s office received the letter from Ms. Zimmerman on April 29 which was the first time the Township was advised that a decision had been made not to proceed with their turnback request.


Mr. Fazzalore noted the letter which indicated that there would be a tentative meeting on May 12 at 11:00 and stated he assumes that this has now been canceled.  Mr. Fedorchak stated this is correct.  He stated he also had asked about Ms. Zimmerman’s position and was advised that Ms. Zimmerman is the spokesperson for the Secretary of Transportation.


Mr. Hackman stated they should now decide if they want to appeal this decision and try again to meet with them.  Mr. Fazzalore asked if they should proceed with the boring, and Mr. Williams stated he has submitted a PennDOT permit but has not received anything further from them.  The Township needs a permit to do the boring on PennDOT’s road.  Mr. Stainthorpe stated he feels they have to appeal this as the Township has not been given


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the opportunity to advise them as to how they would have spent the funds that PennDOT indicated they would give if they had agreed to turn back the road.  He stated he understands that they cannot just ban trucks from the road, but he felt they could implement traffic calming measures that might help the situation.  He stated that despite the fact that this is a regional issue, there seems to be no regional cooperation.


Mr. John Cowley, 2000 Silverwood Drive, stated on March 17 the Board indicated they wanted to meet with the Secretary of Transportation.  He stated he feels the State Representative has shut them off again.  He stated he has had conversations with people at the Maintenance Department in Doylestown and they were told to reverse their decision.  He stated they have a fax indicating that maintenance was not an issue.  He feels they are changing the facts to meet Mr. Steil’s needs.  Mr. Cowley stated the Board should ask for a meeting with the Secretary in the near future and should not request this meeting through Mr. Steil’s office but should request it directly through the Secretary.  Mr. Fedorchak noted the March 17 Minutes and stated at no time during that meeting did anyone discuss a meeting with the Secretary of Transportation.  He stated there was no direction given to anyone that they wanted to meet with the Secretary of Transportation.  He stated the only time this was brought up was on April 21 when the Board of Supervisors directed the Township Manager to set up a meeting with the Secretary of Transportation.  He stated the first person that was contacted was Mr. Steil to begin this process.  Mr. Cowley stated he feels this was incorrect and the date was March 17 when this was discussed. 


Mr. Stainthorpe stated he does not feel it is important what the date was, but it is important to proceed at this time.  Mr. Hackman stated they should direct the Township Manager to contact directly the office of the Secretary of Transportation to set up a meeting to discuss safety issues on Lindenhurst Road and the region. 


Ms. Sue Herman stated the residents have impressed upon the Board over the years the fact that if they want to take care of the health, safety, and welfare, they must operate in a pro active, micro-management fashion because the political forces in the region are doing so.

She feels the Township sat back and did not proceed in an assertive fashion.  She stated she has also discussed this matter with the Pennsbury School District because of safety concerns with children riding buses on Lindenhurst Road.  Mr. Hackman asked how they received her comments, and Ms. Herman stated she felt she was well received.  She provided this evening a  copy of the letter she sent to the Pennsbury School Board as well as a copy of her remarks to the School Board and asked that they be included in the Minutes.  (Attached)


Ms. Virginia Torbert asked if they can proceed on an equal tract to see if there are traffic calming measures that they can pursue assuming the road will remain under PennDOT control.  Mr. Williams stated this could be done.  Mr. Hackman stated he feels they should have this information in preparation for their meeting with the Secretary of Transportation, and Mr. Williams agreed to put some information together. 


Ms. Sherry Eselsay, 1701 Powderhorn Drive, stated she backs up to Lindenhurst Road and cannot allow her children to play in the rear yard because of the trucks.  She stated her neighbor was working in his yard when a forty pound tire flew in the air and into his yard.  She provided pictures of this incident to the Board.




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Ms. Carol Cowley, 2000 Silverwood Drive, asked when the traffic calming measures will be put together in preparation for the meeting.  Mr. Williams stated he will have a first draft to the Board of Supervisors prior to their next meeting.





Mr. Hackman stated at the last meeting Yardley Baseball came before the Board to appeal for sanctioning.  They told the Township Manager that if they met all the conditions, they felt they should be sanctioned.  Mr. Fedorchak stated there were two concerns when this was previously discussed.  One concern was whether or not all the required documentation had been provided.  He discussed the matter with Ms. Liney who reviewed the information the following day and advised that all documentation necessary to be considered for sanctioning had been submitted.  The remaining issue was whether there is a requirement for an intramural program.  Mr. Fedorchak stated Mr. Buckley has indicated to the Park & Recreation Board, the Park & Recreation Department, and to Mr. Fedorchak that he will conduct an intramural program.  He noted Mr. Buckley has indicated he has approximately eighteen players in his program.  Mr. Fedorchak stated it continues to be the position of the Park & Recreation Board that taking into consideration the limited number of children in their program, Yardley Baseball would be unable to provide a viable intramural program and this remains a sticking point in the view of Park & Recreation. 


Mr. Robert Buckley was present and stated the major problem of their program with having an intramural program is that they have such limited field space.  He stated as quickly as they sign people up, they then lose them because of their limited field time.  He stated they have had several intramural games already.  He does not know what he would have to do to provide more proof of an intramural program and asked what the definition of intramural would be that they would have to obtain.  He stated they are an organization that is just starting out and they have been advised by Babe Ruth, Little League, and WABC that you can start an organization with only two teams. 


Mr. Fazzalore stated they have already been issued a permit for field use for this season.  He stated they indicated that under existing Lower Makefield Township Park & Recreation Rules, Yardley Baseball is granted two years to implement a program and once the separate intramural program is functioning, they would be able to achieve sanctioning. 

Mr. Hackman stated there are only a limited number of fields and every time someone wants to split off with a small number of players, they cannot afford to give them the fields because there are only a limited number of slots.  He stated PAA has approximately 1500 players.  Since Yardley Baseball has only two teams, he does not feel they should be given field time equal to the other organization.  He stated he feels they need to get more players.  Mr. Stainthorpe stated as they stated at the last meeting, the field space for this year is already allotted and whether they are sanctioned or not, the field allotment for this year will not change.  He stated if they do not have the number of children now to run a valid program, he has no problem with them having two years to get a valid program.  He stated he does not have a problem with Mr. Buckley starting a new organization.  Mr. Stainthorpe asked if there is an actual number of players they feel is necessary in order for a group to be considered for sanctioning.  Mr. Hackman stated some years ago there was a competing soccer organization which came in as well as new programs in football and lacrosse, but those organization came in with more players so they could start out with a minimum of



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four teams and have a valid program.  Mr. Fazzalore suggested that they go with the five hours they have been allotted this year and consider it again next year.  Mr. Fegley stated sanctioning is reviewed every year.


Mr. Buckley stated in order for their organization to grow, they need to get sanctioning now so that they can advertise this to those who may be interested in playing for them.


Mr. Hackman stated in the judgment of the Park & Recreation Board, they do not have a sufficient number of players to have an intramural program.  Mr. Buckley stated he feels the rules are not clear and feels the rules indicate the criteria is waived for the first two years.  Mr. Fedorchak read from the rules regarding sanctioning.  He noted the decision two weeks ago by the Board was to sanction the organization conditioned upon their meeting all the criteria and providing the documentation necessary for sanctioning.  Based on his review,  Mr. Buckley has submitted the documentation necessary. 


Mr. Fazzalore stated even if they sanction the organization tonight, he will not get any more than the five hours already allotted. 


Mr. Hackman stated he feels there needs to be a cut off for submission of the paperwork so that they can make the field allocations.  He stated Mr. Buckley did not submit the paperwork until April 8 which was when the field allocations were being made. 


Mr. Stainthorpe moved and Mr. Fegley seconded to sanction Yardley Baseball.


Mr. Hackman stated he feels the sanctioning requirements include having an intramural program, and they do not have a sufficient number of players to meet this requirement.


Motion carried with Mr. Hackman opposed.


Mr. Hackman and Mr. Fegley stated they feel the rules need to be clarified.





Mr. Phil Kashner, engineer,  Mr. Rich Buchholz, Hovnanian, and Ms. Elizabeth Hurtubise Solicitor were present.  Mr. Maloney noted the Plan dated 5/12/99, last revised 11/27/02 and reviewed proposed Conditions for Approval provided by Mr. Garton, Township Solicitor,  who was ill this evening.  Ms. Hurtubise agreed to accept the Conditions read.  Mr. Hackman stated there are two other Solicitor letters which have not been noted in the Conditions, and he is not sure whether or not those items have been met.


Mr. Fazzalore noted the PCS letter dated 1/2/03 regarding landscaping at  Amberwood Drive and other improvements which he feels should be installed by the developer rather than accepting Fee-In-Lieu.  Mr. Fazzalore also noted a letter written by Mr. Garton regarding the sanitary sewer about which he has questions.  Mr. Hackman stated he has a number of concerns and would like to delay approval of this matter until Mr. Garton’s return.  The Board noted they did not receive in their packet all the information they are normally provided which is needed to make a decision.  Mr. Hackman stated unless they are given an Extension this evening, he feels the Board will have to deny the Plan or approve it with numerous conditions.  Ms. Hurtubise stated she did review the proposed

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conditions of Approval this afternoon with Mr. Garton, and they did recognize that this would be a Conditional Approval.  She stated she would agree to the additional condition that the landscaping and other improvements to Amberwood Drive should be installed by the developer rather than paying Fee-In-Lieu.  The Board also stated that if they use Belgian block curbing, they will need to use concrete at the handicap ramps. 


The l/7 Begley Carlin letter was noted along with the Conditions.  Mr. Fegley stated the entire letter should be made a Condition of Approval.  Mr. Hackman stated this letter does not state exactly what they should do and states that these issues would be addressed at Final Plan.  Ms. Hurtubise stated all of these comments relate to the period of time that they were requesting Final Approval and the License Agreement.   Since that list was written, they have provided an alternate to the License so all the comments in the 1/7 letter are now moot because they no longer apply.  Mr. Hackman noted the letter dated 1/8/03 from

Mr. Garton, and Ms. Hurtubise stated this supersedes the 1/7 letter.  Mr. Hackman noted Item #3 in the 1/8/03 letter indicating adequate insurance is necessary and asked what “adequate insurance” would mean.  Ms. Hurtubise stated Pennsylvania American is being asked what would be adequate and they will review this to be assured that this is being met.


Mr. Stainthorpe stated the Board’s packet was very poorly put together regarding this matter,  and he feels pieces are missing which are needed for the Board to make a proper decision.  Mr. Hackman asked the Applicant for a two week extension.  Mr. Maloney stated if the Board denies the Plan and the Applicant is in conformance with all Ordinances, the Applicant could be successful in Court; however he does not feel it is in the Applicant’s best interest to proceed in this way since that process could take eight months as opposed to a two week delay.  He stated he is not hearing that the Board has any opposition to the Plan, they just want to make sure that everything has been covered.  Ms. Hurtubise stated they do not have a problem with a two week extension with the understanding that the incompleteness was not their fault.  She asked that they be advised if there is anything the Board feels the Applicant has not provided so they can address it this evening rather than have something additional brought up in two weeks.  Mr. Fegley stated the problem is that Mr. Garton is not present this evening to fill the Board in on the details.  Ms. Hurtubise agreed to the two week extension. 


Mr. Stainthorpe moved and Mr. Fegley seconded to approve an Extension until 5/20/03.


Mr. Roeper stated the Planning Commission had asked for a fence in the rear of the property next to the Railroad.  The Applicant approached the Railroad who indicated they would not permit a fence on their property.  If the fence is put on the Applicant’s property, they are going to need a Waiver because it is resource protection land which would be disturbed.  Mr. Williams stated if the Township does not require the installation of a fence, the homeowners will most like want to install one themselves.  Ms. Hurtubise stated they have shown a sketch that shows a fence meandering through the woods.  Mr. Buchholz stated the Planning Commission requested the fence, and the Applicant agreed to it. 

Mr. Williams stated they can address this at the time of construction and they could include a Note on the linens.


Motion to approve Extension carried unanimously.





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Mr. Dan Matlis, 585 Hearthstone Drive, expressed concern with the water drainage since they already have water problems. Mr. Matlis also stated there are a number of mature trees on the property and asked if it is possible to move some of them onto the adjoining property line that is not fully filled in or to replace them with mature trees so there is a separation and privacy screening between the two property lines.  Mr. Matlis stated he is also concerned about additional traffic as a result of this development as there are already problems  with speeding on Mill Road.  Mr. Williams stated certain areas are protected on the tract because of the wetlands and wetland buffers.  Mr. Hackman asked if the grading is such that the proposed Plan will improve the drainage situation.  Mr. Williams stated the front yards will drain to the street; but from the rear of the house back, it will drain back to the wetlands.  He stated they are not permitted to construct a swale in the wetlands.  He stated the wetlands are on the common property line.   Mr. Hackman stated since it is a residential use adjoining a residential use, they are not required to plant trees.  Mr. Matlis asked if it is possible to limit the mud coming onto the road, and Mr. Fegley stated there are requirements relating to this on the Plan.  Mr. Matlis stated there is a problem with mud coming onto the road where they are installing the new sewer line on Mill Road, and
Mr. Fedorchak was asked to look into this.  Mr. Matlis stated he feels they should limit the ground breaking to one lot at a time rather than allowing them to do it all at once. 

Mr. Fegley stated this would be covered in the construction plan.  Mr. Matlis also expressed concern about work times and noises from the construction site.  Mr. Matlis was advised to contact Mr. Fedorchak on the specifics regarding construction hours permitted in the Township.


Mr. David Young, 589 Hearthstone Drive, stated at the last meeting they had discussions with Hovnanian about installing plantings on the berm on Mill Road.  Mr. Williams stated they have shown this on the Plan.  Mr. Young stated he is also concerned with the drainage.  He stated he is concerned with the impact seventeen houses will have on what is already occurring on Mill Road.  He stated he feels they should control the flow and speed of traffic in the Township.  He asked that they either have speed bumps installed or heighten control of the area. He stated they did discuss this matter with the Police Department, and they were told that they cannot do anything because they cannot use radar.  He stated he does not feel this is a good answer.  Mr. Fazzalore stated they do check into these speeding situations, and usually it is the residents who are living in the area who are speeding.  Mr. Hackman stated the Police Department does, as time permits, go out and patrol the locations which they feel have the worst offenders.   Mill Road has been a problem, and they have had the speed machine in that location.  “Watch Children” signs which the Township had installed were taken down and they do plan to replace these.  He noted there is a problem with this road configuration and it is difficult to clock the speed being traveled without the use of radar.    Mr. Stainthorpe stated the Township cannot change the State law regarding use of radar and residents should write to their State legislators about this matter.


Motion to approve Extension carried unanimously. 


It was noted that Hovnanian is the proposed owner of the Scammel’s Corner site. 

Mr. Fegley stated they should be aware that if Hovnanian plans to develop the property the

Township will be reviewing the property as it was prior to the prior owner stripping the land.  He feels they will look at it as a fully-forested tract and not as a clear lot. He noted the Ordinances were violated by a previous owner.  Ms. Hurtubise stated she understands this property is currently in litigation.


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Mr. Fazzalore moved and Mr. Stainthorpe seconded to approve Resolution No. 2035 - Dedication of Afton Crest.  Mr. Hackman noted there are no outstanding issues and all Certificates of Occupancy have been issued.  Motion carried unanimously. 





Mr. Fazzalore moved, Mr. Stainthorpe seconded and it was unanimously carried to deny request for Dedication of Island Woods as all lots do not have Final Certificates of Occupancy and there are outstanding issues with the Falls Township Contract area.





Mr. Stainthorpe moved, Mr. Fazzalore seconded and it was unanimously carried to approve the Certificate of Appropriateness for the sign at Wachovia Bank on Stony Hill Road.





Mr. Stainthorpe moved, Mr. Fazzalore seconded and it was unanimously carried to approve the Certificate of Appropriateness for the sign at Wachovia Bank on Heacock Road.





Chief Coluzzi stated one month ago he was directed to seek proposals to hire an architect.  They sought proposals from two architects and received one from Donovan  & Associates in the amount of $27,295.  He noted they did use Donovan previously and were satisfied with their work.   Mr. Fedorchak stated they are not required to go out to bid for professional services.  He stated if the Board so desires, they could attempt to obtain one or two more proposals, and the Board asked that this be done.


Mr. Hackman noted this renovation will not take up all the open space and asked if there is an overall plan.  Chief Coluzzi stated they do have an overall Plan and this renovation is Phase I of the overall project.  Chief Coluzzi was asked to provide a copy of the overall Plan to the Board of Supervisors.





With regard to the Paul and Diane Hadfield, 1409 Robinson Place, Variance request to the natural resource protection flood Ordinance in order to construct an addition, the Board decided to leave this matter to the Zoning Hearing Board.

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With regard to the Scott and Doreen Albahary Variance request to construct a detached three-car garage/in-law suite, the Solicitor was asked to participate and report back to the Board.


With regard to the Jarislaw and Mariola Ostaniewicz, 331 Rowantree Circle, request for seven Variances to permit construction of a single family home, the Solicitor was asked to appear in opposition.


Mr. Fegley noted he will be unable to attend the next Zoning Hearing Board meeting and stated possibly another Supervisor would like to attend.





Mr. Fedorchak stated last week they contacted Skelly & Loy and met with the staff to review the situation and determine the best way to approach restoring the property with an emphasis on protecting the environment.  A number of suggestions were made, and they are proposing to hire a private contractor at a cost of less than $2,000 to restore the property to its original condition.  Mr. Fedorchak stated he feels this will be done within the next thirty days.  Mr. Fegley stated he would like to have the Plans reviewed by the Environmental Advisory Council.  He also asked what they will do to prevent future access, and Mr. Fedorchak stated the only way to do so would be to fence in the property and they could look into this and determine the approximate cost.





Mr. Fazzalore asked that Mr. Fedorchak write a letter to the PUC opposing the water rate increase proposed by Pennsylvania American.





Mr. Hackman asked that all Board members advise Mr. Fedorchak of their preferences for dates for the spring Road Tour.





Mr. Fazzalore moved and Mr. Stainthorpe seconded to approve the 2003-2004 Fuel Oil Bids through the Bucks County Consortium. 


Mr. Fazzalore stated while he recognizes that these prices are normally better, he would like to have someone check to make sure this is the best rate and insure that the Township could not get a better rate on its own.  Mr. Williams stated he also does work for Solebury and they did check into this and found it was less expensive to proceed with the Consortium bid.


Motion to approve carried unanimously.

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Mr. Stainthorpe moved, Mr. Fegley seconded and it was unanimously carried to award the bid for Uniform Rental and Purchase to Clemens Uniform for the years 2003, 2004, and 2005.





Mr. Fazzalore moved and Mr. Fegley seconded to approve Resolution No. 2034 authorizing destruction of specific financial records in accordance with State law.


Mr. Steve Santarsiero, 530 S. Ridge Circle, asked which records were to be destroyed.

Mr. Hackman read the list of items to be destroyed.  Mr. Santarsiero was advised that he could have his own copy of the list if he desired.  


Motion carried unanimously.





Mr. Hackman moved and Mr. Fazzalore seconded to reject all bids received for the construction of the Golf Course clubhouse, pump house, and maintenance building and to authorize the staff to rebid.


Mr. Hackman stated there is a specific way the Township has to bid as a Government entity and they did not receive a plumbing bid.  He stated they are going to break it down differently and go out to bid again.


Motion to approve carried unanimously.





Mr. Stainthorpe moved and Mr. Fazzalore seconded to appoint Patrick Fraim, Darrel Kates, Louis Busico, Chip Kern and to re-appoint Craig Jones to the Golf Course Committee.  Motion carried with Mr. Fegley abstained.


Mr. Stainthorpe moved, Mr. Fazzalore seconded and it was unanimously carried to re-appoint James Frawley and Allyson Kliefoth to the Emergency Management Committee.


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


                                                                        Respectfully Submitted,




                                                                        Frank Fazzalore, Secretary