Regular Meeting                                         May 26, 2009

The regular meeting of the Millcreek Township Board of Supervisors was called to order at
7:04 p.m. by Chairman Curtis in the Assembly Room of the Millcreek Township Municipal Building .  Present were Gerald Wolf, Brian McGrath , Lawrence Curtis , Joseph Kujawa , Evan Adair , Esq., Phyllis Vollbrecht, and Richard Morris, P.E.

Following the Pledge to the Flag, Chairman Curtis called for public comment on agenda items other than development or rezoning applications.  No comments were received.

It was moved by Mr. Kujawa and seconded by Mr. McGrath to approve payment of the General Fund bills dated May 15, 2009 in the amount of $4,008,004.77.  Motion carried by unanimous roll call vote.  It was moved by Mr. McGrath and seconded by Mr. Kujawa to approve payment of the General Fund bills dated May 19, 2009 in the amount of $533,504.13.  Motion carried by unanimous roll call vote.

Mr. McGrath reviewed the bids received on 10,000 tons of Type A, Crushed Aggregate AASHTO No. 8, 1-B Limestone and 6,000 Tons of Type A, Crushed Aggregate AASHTO
No. 57, 2-B Limestone as follows:

10,000 tons Type A, Crushed Aggregate AASHTO No. 8, 1-B Limestone

            Carmeuse Lime & Stone Erie Sand & Gravel Operation          $17.60/ton
            Allegheny Mineral Corporation (pick up)                              $12.00/ton
            Allegheny Mineral Corporation (delivered)                           $21.50/ton

6,000 tons Type A, Crushed Aggregate AASHTO No. 57, 2-B Limestone

            Carmeuse Lime & Stone Erie Sand & Gravel Operation          $17.60/ton
            Allegheny Mineral Corporation (pick up)                              $11.00/ton
            Allegheny Mineral Corporation (delivered)                           $20.50/ton

Awards were not made until the bids for trucking and hauling were opened and the most cost-effective limestone was determined.  It was moved by Mr. McGrath and seconded by Mr. Kujawa to award the contract for 1-B Limestone to Carmeuse Lime & Stone Erie Sand & Gravel Operation for $17.60/ton.  Motion carried by unanimous roll call vote.  It was moved by Mr. McGrath and seconded by Mr. Kujawa to award the contract for 6,000 tons of 2-B Limestone to Allegheny Mineral Corporation (pick up) for $11.00/ton.  Motion carried by unanimous roll call vote.

The following bids were received for the trucking and hauling of paving materials:

McClymonds Supply & Transit Company, Inc.
P. O. Box 296 , Portersville , PA 16051-0296

10,000 tons asphalt sand                From A.C.A.                              $5.45/ton

10,000 tons 1-B limestone              From Carmeuse                           $3.00/ton

10,000 tons 1-B limestone              From Allegheny                           $9.50/ton

10,000 tons 1-B limestone              From Allegheny - quarry               $9.50/ton

6,000 tons 2-B limestone                From Carmeuse                           $3.00/ton

6,000 tons 2-B limestone                From Allegheny                           $9.50/ton

6,000 tons 2-B limestone                From Allegheny - quarry               $9.50/ton

2,000 tons Type C Aggregate          From A.C.A.                              $5.45/ton

 

Rodger E. Niemeyer, Sr.
8939 Jones Road , Wattsburg , PA 16442-1711

10,000 tons asphalt sand                From A.C.A.                              $6.00/ton

10,000 tons 1-B limestone              From Carmeuse                           $3.15/ton

10,000 tons 1-B limestone              From Allegheny                           No bid

10,000 tons 1-B limestone              From Allegheny - quarry               No bid

6,000 tons 2-B limestone                From Carmeuse                           $3.15/ton

6,000 tons 2-B limestone                From Allegheny                           No bid

6,000 tons 2-B limestone                From Allegheny - quarry               No bid

2,000 tons Type C Aggregate          From A.C.A.                              $6.00/ton

 

Russell Standard Corporation
P. O. Box 86,
Union City , PA 16438-0086

10,000 tons asphalt sand                From A.C.A.                              $7.62/ton

10,000 tons 1-B limestone              From Carmeuse                           $3.43/ton

10,000 tons 1-B limestone              From Allegheny                           No bid

10,000 tons 1-B limestone              From Allegheny - quarry               No bid

6,000 tons 2-B limestone                From Carmeuse                           $3.43/ton

6,000 tons 2-B limestone                From Allegheny                           No bid

6,000 tons 2-B limestone                From Allegheny - quarry               No bid

2,000 tons Type C Aggregate          From A.C.A.                              $7.62/ton

It was moved by Mr. McGrath and seconded by Mr. Kujawa, in four separate motions, to award the contracts for the trucking and hauling to McClymonds Supply & Transit Company, Inc. of Portersville , PA for the following:

            10,000 tons of asphalt sand from A.C.A. Sand and Gravel                    $5.45/ton

            10,000 tons of 1-B limestone from Carmeuse Lime & Stone                 $3.00/ton

            6,000 tons of 2-B limestone from Allegheny Mineral Corporation          $9.50/ton

            2,000 tons of No. 57 from A.C.A. Sand and Gravel                             $5.45/ton

Motions carried by unanimous roll call votes.

Mr. McGrath announced the bids received this morning for the Glenridge Road Reconstruction Project:

            Mayer Bros. Construction Company                                    $250,071.00
            Amendola Development Company, Inc.                                $254,747.00
            Russell Standard Corporation                                             $249,000.50
            Terra Works                                                                   $282,000.00

It was moved by Mr. McGrath, seconded by Mr. Kujawa, to award the contract to Russell Standard Corporation for $249,000.50.  Motion carried by unanimous roll call vote.

Mr. McGrath announced the following bids received by the Erie Area Council of Governments:

Precast Concrete Basins , Risers, and Grates

            Summit Construction Supply                                              $1,704.00
            Kistner Concrete                                                             $1,707.16

It was moved by Mr. McGrath and seconded by Mr. Kujawa to award the contract to Summit Construction Supply for $1,704.00.  Motion carried by unanimous roll call vote.

Class 4, Type A, Geotextile Fabric

            Seigworth Road Supply                                                     $0.150/square foot
            Chemung Supply Corporation                                             $0.115/square foot
            Advanced Drainage Systems, Inc.                                       $0.107/square foot

It was moved by Mr. McGrath and seconded by Mr. Curtis to award the contract to Advanced Drainage Systems, Inc. for $0.107/square foot.  Motion carried by unanimous roll call vote.

Culvert and Drainage Pipe

            Advanced Drainage Systems, Inc.                                       $126.70 total cost per LF
            Walsh Equipment                                                             $130.34 total cost per LF

It was moved by Mr. McGrath, seconded by Mr. Kujawa to award the contract to Advanced Drainage Systems, Inc. for $126.70 total cost per lineal foot.  Motion carried by unanimous roll call vote.

Sign Posts and Sign Blanks

Because of the many companies submitting bids on numerous signs, Sign Foreman Gerald Gleisner calculated the following for Millcreek Township (all 16 bids are available in the Office of the Secretary):       

            U-channel bar post                                   10-foot large post - $12.57
            3-1/2 foot short post - $4.40                        Lap splice - $7.95

It was moved by Mr. McGrath and seconded by Mr. Kujawa to award the contract to Chemung Supply Corporation for a total of $24.92.  Motion carried by unanimous roll call vote.

Street Marking Signs

Again, many companies submitted bids.  Mr. Gleisner recommended the purchase of the following:

            6 x 12 prismatic 3-way and 4-way                $  1.76
            24 x 30 prismatic 25 mph and 35 mph           $17.55
            30 x 30 prismatic stop signs                         $21.64
            36” prismatic yield signs                             $16.19

It was moved by Mr. McGrath and seconded by Mr. Kujawa to award the contract to Rocal, Inc. for the above noted prices.  Motion carried by unanimous roll call vote.

A public hearing was held on the following land development plan and subdivision plan:

McDonald’s.  Land Development Plan.  A land development plan to construct a 4,202 square foot restaurant with associated parking area located along the south line of West 26th Street (S.R. 0020) west of Zuck Road (S.R. 4015) in Tract 24.

Engineer Morris reported that the Millcreek Township Planning Commission recommended approval with the requirement that the sidewalk through the driveway be shown in the plans. 

 

Mark Mox, MDM, LLC, appeared on behalf of the plan.  This McDonald’s will be just like the new one at Millcreek Marketplace.  It was moved by Mr. McGrath and seconded by Mr. Kujawa to approve the plan with the requirement stated above.  Motion carried by unanimous roll call vote.

 

Thomas J. Eberlein.  Subdivision Plan.  A subdivision plan to create a 3.852 square foot parcel at the north east corner of Lot 124 of Whispering Woods Subdivision No. 4 located north of Stonebridge Drive and east of Indigo Run in Tract 354.  Said parcel is to become an integral part of Erie County Tax Parcel 33-181-566-1 (Whispering Woods Golf Club, LLC).

Engineer Morris reported that the Millcreek Township Planning Commission recommended approval with the following:

 

Requirements

1.                   Show Indigo Run as a private drive on plans.

2.                   The 3,852 square foot parcel to be made an integral part of Erie County Tax parcel 33-181-566-1.

 

Mike Sanford, Sanford Surveying, appeared on behalf of the plan and indicated this is a minor lot line change between two property owners.  It was moved by Mr. McGrath and seconded by Mr. Kujawa to approve the plan with the requirements stated above.  Motion carried by unanimous roll call vote.

It was moved by Mr. Kujawa and seconded by Mr. McGrath to approve Resolution 2009-R-14; a Resolution to approve the Fiscal Year 2009 Action Plan for the Community Development Block Grant (CDBG) Program.  Motion carried by unanimous roll call vote.

It was moved by Mr. Kujawa, seconded by Mr. McGrath, to approve Resolution 2009-R-15; a Resolution to assess the cost of street lighting upon various properties abutting on streets in various subdivisions within the Township of Millcreek.  Motion carried by unanimous roll call vote.

It was moved by Mr. McGrath and seconded by Mr. Kujawa to approve Resolution 2009-R-16; a Resolution Closing Out Community Conservation Partnerships Grant Project BRC-TAG-12-251.  Motion carried by unanimous roll call vote.

It was moved by Mr. Kujawa and seconded by Mr. McGrath to approve Resolution 2009-R-17; a Resolution to approve an Agreement with Pennsylvania Electric Company for purchase of a 0.869 acre portion of the parcel bearing Erie County Assessment No. (33) 078-330-046; authorizing such actions as are necessary to apply for and secure approval of the required subdivision and authorizing Township officers and employees to take those actions necessary to effectuate the agreement.  Motion carried by unanimous roll call vote.

It was moved by Mr. Kujawa and seconded by Mr. McGrath to approve Resolution 2009-R-18; a Resolution authorizing the Chairman to apply for a grant from the Erie County Gaming Revenue Authority for the funding of a Police Officer.  Motion carried by unanimous roll call vote.

It was moved by Mr. Kujawa and seconded by Mr. McGrath to approve Resolution 2009-R-19; a Resolution authorizing the Vice Chairman to apply for a grant from the Erie County Gaming Revenue Authority for the funding of Footemill Road from Arbuckle to Pennbriar Drive in conjunction with Summit Township.  Mr. Kujawa explained the need to refinish Footemill Road due to the increase in traffic traveling to and from the Casino.  Motion carried by unanimous roll call vote.

It was moved by Mr. McGrath and seconded by Mr. Kujawa to approve Ordinance No. 2009-5; an Ordinance, to be known as the Industrial Waste Ordinance, amending and restating regulations requiring that the improved properties in the Township of Millcreek, Erie County, Pennsylvania, be connected with the Public Sanitary Sewerage System; establishing standards for contributors into the wastewater collection and treatment system; determining purposes and policy and providing definitions and abbreviations; establishing regulations including general discharge prohibitions and specific pollutant limitations, federal categorical pretreatment standards and modifications thereof, State requirements and revision thereof, excessive and accidental discharges, employer notices and written reports; authorizing fees and charges; providing for administration including permits for wastewater contributions and discharges, reporting, monitoring, inspection and sampling requirements for pretreatment and requiring confidentiality of information; requiring enforcement including permit revocation, violation notices, show cause hearings and legal action for harmful contributions; prescribing civil and criminal penalties for violations and including severability and repealor provisions.  Motion carried by unanimous roll call vote.

It was recommended by Engineer Morris, moved by Mr. Kujawa and seconded by Mr. McGrath to re-approve the Land Development Plan for Calvary Cemetery – Proposed Mausoleum on West Lake Road as it has gone past the 90 day time limit for recording.  Motion carried by unanimous roll call vote.

It was recommended by Engineer Morris, moved by Mr. Kujawa and seconded by Mr. McGrath to approve a non-substantial amendment to the recorded Land Development Plan for Shadow Pines – Phase 2 (Rome Drive and Copper Drive) due to the revision of the size of proposed Buildings 8, 11, 14, 15, 16 and 18, the location of parking area, stormwater area/easements and density calculations.  Motion carried by unanimous roll call vote.

It was recommended by Engineer Morris, moved by Mr. McGrath and seconded by Mr. Kujawa to approve an Amended Stormwater Maintenance Agreement due to the change in the Land Development Plan for Shadow Pines – Phase 2 ( Rome Drive and Copper Drive ).  Motion carried by unanimous roll call vote.

It was moved by Mr. McGrath and seconded by Mr. Kujawa to refer the following petition requesting a change of classification to the Planning Commission for consideration:

Tenth Street Building Corporation of Erie , for property located at
2207 West 12th Street , now zoned Light Industry District, asking for a change of classification to “D” Business District.

Motion carried by unanimous roll call vote.

On the recommendation of Engineer Morris, it was moved by Mr. McGrath and seconded by Mr. Kujawa to approve Change Order No. 5 for the McDowell Intermediate High School Detention Basin Spillway Reconstruction Project to provide an additional 5’ x 15’ area of rip-rap and a spray sealer on the spillway concrete surfaces for an additional $2,200.00.  This increases the original contract price to $49,600.00.  Motion carried by unanimous roll call vote.

It was recommended by Parks and Recreation Director James Sperry , moved by Mr. McGrath and seconded by Mr. Kujawa to approve Nick Barcio as a summer intern for the 2009 summer season staff.  Chairman Curtis called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

Mr. McGrath reported that Sign Foreman Gerald Gleisner requested an ordinance in order to post 25 mph signs on St. Clair Avenue from West 10th Street north to West Lake Road , Wilshire Road from Cherry Street east to Glenwood Park Avenue, Deerfield Drive from Heidler Road to Glen Meadows Drive, and Old Zuck Road from Zimmerly Road south to end.  It was moved by Mr. McGrath and seconded by Mr. Curtis to direct the Solicitor to prepare the ordinance.  Chairman Curtis called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

It was moved by Mr. Kujawa and seconded by Mr. Curtis that Mr. McGrath, in his capacity as Administrator of Streets and Planning, be permitted to attend PSATS meetings on July 9 and 10 and on July 22 and 23, 2009 in Harrisburg.  All expenses will be paid by PSATS.  Chairman Curtis called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

It was recommended by Chief Carlotti, moved by Mr. Curtis and seconded by Mr. Kujawa that Chief Carlotti and Capt. Tombaugh be permitted to attend a mandatory meeting of the Northwest Pennsylvania Emergency Response Group on June 9, 2009 in Meadville , PA.   The Police Department submitted two grant requests to the NWPAERG for four light bars and four in-car video cameras.  Authorization was also approved for William Hale (retired MPD officer and currently employed by the Public Safety Institute of Mercyhurst College) to travel in a Township vehicle.  Chairman Curtis called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

It was recommended by Chief Carlotti, moved by Mr. Curtis and seconded by Mr. Kujawa to accept the resignation with regret of Josie Mook, Police Department secretary, effective June 23, 2009 .  Chairman Curtis called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

On the recommendation of Chief Carlotti, it was moved by Mr. Curtis and seconded by Mr. Kujawa to authorize the erection of temporary no parking signs along West 12th Street from Route 832 to Ford Avenue prior to the 4th of July Parade.  Building Maintenance will be responsible to the placement of the signs.  Chairman Curtis called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

On the recommendation of Chief Carlotti, it was moved by Mr. Curtis and seconded by Mr. Kujawa that Terminal Agency Coordinator (TAC) Timothy Stevenson be permitted to attend a mandatory CLEAN/NCIC group training session on June 17, 2009 at Clarion University conducted by the Pennsylvania State Police.  Mr. Stevenson will use a Township vehicle for travel.  Chairman Curtis called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

Mr. Curtis reported that the Township’s Relay for Life Team wished to thank all the Millcreek residents who participated in the Chinese auction and the bake sale in the lobby of the Municipal Building on Election Day.  Also, thanks to local businesses and individuals who donated items. 

It was moved by Mr. McGrath and seconded by Mr. Kujawa that Mr. Kujawa and Recycling Center employee Ron Wisniewski be permitted to attend a composting certification class in Lewisburg, Pennsylvania on June 9 to 11, 2009 at the tuition cost of $278.00, lodging of $180.00, time off, and a Township vehicle for travel.  Chairman Curtis called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

It was moved by Mr. Kujawa and seconded by Mr. Curtis that Christine Walter and Judy Zelina be permitted to attend a recycling summit on June 11, 2009 from 9:00 a.m. to noon and to use a personal vehicle for travel.  Chairman Curtis called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

It was moved by Mr. Kujawa and seconded by Mr. McGrath that Christine Walter be permitted to attend a Sustainability Forum in Mercer County , Pennsylvania on May 20, 2009 .  Chairman Curtis called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

Mr. Kujawa announced that 65-gallons recycling containers will be sold on June 16, 2009 at the recycling barn (second gate on Caughey Road) from 12:30 p.m. to 2:30 p.m. at the cost of $20.00 each.  At this time, all recyclables in the 65-gallon containers must be bagged.

It was moved by Mr. Kujawa and seconded by Mr. McGrath to approve an Agreement for Grant Writing Consulting Services with Rose Wightman and that the Chairman be authorized to sign.  Chairman Curtis called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

Mr. Kujawa moved, Mr. McGrath seconded, to promote Gayle G. Bliley to the position of Foreman/Construction Consultant with an increase of $1.00 per hour effective May 22, 2009 , and with the approval of AFSCME Local 3530.  Chairman Curtis called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

It was recommended by Attorney Adair, moved by Mr. Kujawa and seconded by Mr. McGrath to adopt the written decision document by Attorney Adair regarding the sidewalk appeal by the owners of property at 5975 Schultz Road .  Chairman Curtis called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

It was recommended by Engineer Morris, moved by Mr. Kujawa and seconded by Mr. Curtis that Mr. McGrath, Mr. Whitbread, and Mr. Morris be permitted to attend a pre-construction meeting for the West 12th Street Fifth Lane Project on May 29, 2009 in Oil City and that a Township vehicle be used for travel.  Chairman Curtis called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

Engineer Morris reported that a request was received from Joseph Palermo to release PNC Bank Letter of Credit 00254631-00-000 in the amount of $113,431.00 that was reduced by the Board to $35,776.00 for the Eagle Subdivision, Phase 1.  Items remaining to be completed include the walking trail, the flood detention basin (drainage and 85% vegetative cover), Dunford Way cul-de-sac, and Elsie Coon’s side hill drainage problem that creates icing on south end of
Estate Drive .  Engineer Morris recommended denial because of all these items.   Mr. McGrath asked if the security held has expired for the pavement being down for 18 months, and, if the cul-de-sac were to be put in, would it be right in front of four front doors.  The cul-de-sac was to be temporary until the road was extended to the west, but it’s never been constructed.  The Board asked if money was there for the walking trails if it is not shown in the itemization.  Engineer Morris indicated that it’s included in the original letter of credit and would be in the 10% currently held.  Mr. McGrath also asked why Hill Engineering sent their opinion that said the basin was constructed in reasonable conformity.  Engineer Morris disagreed with Hill Engineering’s recommendation. 

Mr. Kujawa asked if the basin is the biggest problem now.  There is water problem on Lot 2.  There are walkways in some areas but they need to be connected.  Attorney Adair said the cul-de-sac was there because of a projected continuation onto adjacent land.  At some point, the Board needs to get a satisfactory resolution and it would be a big disaster for the Streets Department to plow.  If the Board gives up the financial security, the walking trails are lost. 

Joseph Palermo, Palermo Realty and Development, appeared and agreed that there are a lot of issues to be resolved.  He does not agree with Engineer Morris’ list of items to be completed.  The vegetation is at 85 percent.  Regarding the Lot 2 water problem, his first catch basin is at Lot 4 so the two at Lot 2 were put in by the previous developer and they run in the opposite direction.  Dunford Way was a cul-de-sac but the Board wanted a second access out of the subdivision.  It was designed with a temporary turn-around, the possible purchase of land for $5,000 for the turnaround from Tony Goedecker and permission from Tony Goedecker to cross his property by emergency vehicles.  After about one year into the project, Mr. Goedecker changed his mind.  Now the temporary turnaround is on the Eagles property.  So, the Association plowed the turn-around for five years.  The developer and the residents do not want the temporary turnaround.  However, the term of his letter of credit ends tomorrow. 
Mr. Kujawa stated that the fire department had major concerns about getting across Tony Goedecker’s property.  Mr. Palermo said if the only way to get the road bond in place is to install the cul-de-sac, then he has no choice.  He’s hoping the Township and the Eagles Association agree not to have the turnaround.  He emphasized that walking trails are not included in this letter of credit. 

Attorney Adair said a number of issues need to be discussed and it’s very difficult to make decisions on everything.  He referred to the May 20 letter to Joseph Palermo regarding the $2,500 request and having only $1,500 paid on it.

Dr. Jeff Shivers, 6027 Estate Drive , appeared to review the non-completed items stated by Engineer Morris.  The pond has had substantial, significant improvements done to it over the last year.  The only two questions left to the pond are (1) is it dry, and (2) is it vegetated?  He said the bottom floor is not 85% vegetative covered, only 15% of the berm, and 80 to 90% of the walls are.  There are four catch basins in question—one or two of the drains are in the Eagle Condominium Association.  He does not know a solution to the cul-de-sac problem on Dunford Way .  No property owner on Dunford Way was led to believe that it would be a private road under any circumstances.  The Dunford Way cul-de-sac was an exercise in judgment that is outside of the standards.  The Board has done an outstanding job in adhering to, requiring, and maintaining the standards in their subdivision.  Mr. McGrath said the Township dropped the ball on issuing building permits for those four homes.  Permits should not have been issued until either there was a cul-de-sac there or a commitment for the property from Mr. Goedecker.  Dr. Shivers said the only solution he feels is to use eminent domain to get about a half-acre from Mr. Goedecker, install the cul-de-sac, and be done. 

Mr. Palermo said he would be willing to offer Mr. Goedecker $5,000 he originally agreed to in order to put in the cul-de-sac.  Mr. McGrath said the Goedeckers’ would then have frontage on a public street where they could subdivide, sell lots and pay nothing to put the road in.  Engineer Morris offered to go with Mr. Palermo to meet with Mr. Goedecker.  Dr. Shivers said of the four catch basins, one is uphill and not a hearth drain.  It creates a lake of ice covering the entire Estate Drive of about one inch.  In answer to Mr. Kujawa’s question, Dr. Shivers said one catch basin is full of mud and another is graded uphill so water does not enter it. 
Mr. McGrath asked why the pavement and catch basins were not inspected; Engineer Morris replied said they were inspected and when the roadway is relatively flat it is hard to tell until it rains that things are not functioning correctly.  Again, Mr. Palermo pointed out that those catch basins were installed by Walter Harf.  If the basin not catching water is his, he will correct it.  Mr. McGrath said that it might be a Township problem if this is a section built by Walter Harf and accepted by the Township. 

George Boyd, 2613 Dunford Way , appeared to say there was plenty of time for Mr. Palermo to put in the cul-de-sac before people bought their lots; he certainly could have purchased another.  Mr. Palermo said there was a turn-around in the plan from the beginning. 

The pavement issue is reasonably resolved, the detention pond is reasonably resolved, the catch basins are not resolved, the land needed to construct a cul-de-sac is not resolved, so Engineer Morris recommended tabling the issue to review the issues.  Attorney Adair said the Letter of Credit expires June 24.  It did not indicate what it protected or what it didn’t.  Walking trails in lieu of sidewalks are a required improvement.  Mr. Palermo said that perhaps PNC Bank would agree to the tabling because of the issues involved.  He asked to set up inspections and a meeting to try to get the walking trails issue resolved.  It was moved by Mr. Kujawa and seconded by Mr. McGrath to table for one week.  Chairman Curtis called for public comment on the matter; none was received.  Motion carried by unanimous roll call vote.

There being no citizens to be heard or further business to come before the Board, it was moved by Mr. McGrath and seconded by Mr. Kujawa to adjourn the meeting.  The motion carried and the meeting adjourned at 9:05 p.m.

                                                                        Phyllis A. Vollbrecht

                                                                        Assistant Secretary

APPROVED:    December 1, 2009

Lawrence G. Curtis
Brian P. McGrath