TOWN OF NEW HAVEN-ADAMS COUNTY

SPECIAL TOWN BOARD MEETING

SUNDAY, JUNE 28, 2009-6:00 P.M.

 

 

 

The Special Town Board meeting was called to order at 6:00 p.m. with all Town Board members present along with Glenn Licitar-Adams County Board Supervisor, Greg Montgomery-MSA, Dan Wood-Municipal Attorney and Dale Reichhoff of Gasser Construction.  This meeting was in compliance with the open meeting law and the Pledge of Allegiance was recited.  Leo Musiedlak moved to approve the agenda as posted.  Second by Brad Seiler.  M/C.

 

 

There was only one item on the agenda for this meeting:  Gathering information for the Golden Court project so that the Contractor (D. L. Gasser Construction Co.) can proceed to prepare the site for culvert installation.    This project needs to start before the deadline of July 7, 2009 according to the Memorandum of Agreement.  At this time there are two obstacles preventing  this project from being carried thru:  1) a permit from Adams County Planning & Zoning for culvert installation and 2) Adams County Land & Water completing the design for the stream and culvert alignment.

 

 

The advice of the Municipal Attorney at this time is to proceed with the project, as the Adams County Planning and Zoning administrator has given no legal grounds for non-issuance of the permit.  He also informed the Town Board that the DNR has no permitting authority only enforcement authority in this matter.  If the permit is not issued and the County contests, the Town will have no other option than to proceed with litigation.    Mr. Wood went on record stating that “if litigation should occur, there would be no charges on his behalf for legal services representing the municipality.”

 

 

The Contractor will start sawing joints on-site sometime the week of June 29 thru July 3, 2009, to be in compliance with the July 7, 2009 deadline.  There was mention of possibly needing to schedule another Special Town Board meeting after finding out the results of the July 1, 2009 Planning & Development meeting at the Courthouse to determine how to further proceed with the project.

 

 

Greg Montgomery of MSA stated that Interfluve was requesting further digital data for creek and culvert alignment, it would require several hours of engineering expense that would be charged to the Town.  The Town Board decided that if Interfluve wanted this additional report beyond what has already been submitted, they would need to be responsible for the expense

 

 

Motion to adjourn at 7:10 p.m. by Musiedlak/Seiler.  M/C.

 

 

 

 

 

Respectfully submitted:

 

 

Berniece J. Tangney, Town Clerk

 

 

 

(these are unapproved minutes subject to approval on July 16, 2009)