PALMER TOWNSHIP BOARD OF SUPERVISORS

REGULAR BUSINESS MEETING

JULY 18, 2005

A regular meeting of the Palmer Township Board of Supervisors was held on Monday, July 18, 2005, at 7:00 p.m. in the Community Room of the Palmer Library with all Supervisors in attendance. Also present were the Public Services Director, Solicitor, and Police Chief. The Township Manager was absent. Colver convened the meeting and led those present in the Pledge to the Flag.

2. APPROVAL OF DISBURSEMENT OF FUNDS – JULY 5, 2005 AND JULY 18, 2005

INFORMATION

The reports will be provided at the meeting.

DISCUSSION

On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved the disbursement of funds for July 5, 2005 and July 18, 2005.

3. APPROVAL OF MINUTES – JUNE 20, 2005 AND JUNE 28, 2005

DISCUSSION

Adams corrected the bid amounts on the bottom of page three to read “$25.00 a lineal foot for curbing and $6.25 a square foot for sidewalk.”

On motion by Lammi, seconded by Panella, and agreed by three, the Board approved the minutes of June 20, 2005, with the above change. Colver and Smith abstained because they were absent at the June 20 meeting.

Bruno replaced the first sentence on page 3, “they will be needed in the final stage of the project” with “they will be required at the time of final plan approval for this project.” Bruno revised the motion under item #8 to include “the Board authorized advertisement of the ordinance,” not “approval of the ordinance.” Bruno changed both motions under the first bullet in his report on page 4 to read “the Board authorized the Chairman to sign the conditional use letters.”

On motion by Panella, seconded by Lammi, and agreed by all, the Board approved the minutes of June 28, 2005, with the above changes.

4. BILL LEHR INSURANCE CONSULTANT PROPOSAL

INFORMATION

The Board needs to approve/disapprove the proposal.

DISCUSSION

Bill Lehr said he has over 40 years in the insurance business and he is proposing managing the insurance business for the township for the remainder of 2005 as an insurance consultant. Lehr said he meet with the Township Manager and then discussed his proposal with Ms. Panella and Mr. Lammi. Lehr said there are ways that money can be saved and insurances streamlined. Lehr said he would review open claims and evaluate reserves for those claims, evaluate certificates of insurances, and review deductible amounts. Lehr said he could also begin the proposal process for receiving bids for insurances since it’s been three or four years since this has been done in the township. Lehr said his goal is to save the township two or three times the cost, which makes his fees, no additional cost to the township.

Lammi said we have a broker but they don’t necessarily look out for all the things Mr. Lehr spoke about. Mr. Lehr would be working for the township and at the end of the year we can re-evaluate the situation. Panella said there are always new and different things coming out in the insurance business and no one on this Board is experienced in that. Panella said she feels it’s a good idea to have someone with experience look at these things.

On motion by Panella, seconded by Lammi, and agreed by all, the Board authorized the Chairman to enter into an agreement, after satisfactory review by the Township Solicitor, with William H. Lehr for Insurance and Risk Management services at a cost of $1,000 per month through 2005.

5. DAVISON GROUP PROPOSAL DISCUSSION

INFORMATION

The Board needs to approve/disapprove the proposal.

DISCUSSION

Colver said the Davison Group did a review for full time municipal employees several years ago when the township decided to change its management process. Colver said this proposal is for a business process review of the volunteer fire department. Colver said the fire department has evolved into so much more than it was 20 years ago. Colver said it wasn’t too long ago we added the Fire Administrator position to assist with all the daily responsibilities of running the department.

Lammi said in light of the fact that state legislature recently issued a report regarding volunteer fire departments, this falls into the recommendations that came out of that report. Lammi said he’s seen a major change over the years within the fire department and is interested in evaluating how the department can be more efficient with less manpower. Lammi said this study should be able to help us make the necessary changes and recommendations to assist the Chief of the fire department.

Chief Fretz said this has been discussed with homeland security organizations and said the federal and state governments will most likely in the future be implementing standards that the volunteer fire departments will need to meet in order to get funding and training. Fretz said it’s going to have to happen at some point in time in the near future.

On motion by Colver, seconded by Smith, and agreed by all, the Board authorized the Chairman to execute an agreement with The Davison Group, after satisfactory review by the Township Solicitor, for a business process review of the Palmer Township Volunteer Fire Department in the amount of $9,800.

6. CHARLES CHRIN COMMUNITY CENTER DEED OF DEDICATION FOR ROAD RIGHT OF WAY

INFORMATION

The Board needs to approve/disapprove the Deed of Dedication for the road right of way at the Charles Chrin Community Center property.

DISCUSSION

Bruno said he prepared this deed by recommendation of the Township Engineer’s office. Bruno said it’s a unique situation because the township already owns the property but by this deed it will be designating the property as right of way.

On motion by Lammi, seconded by Smith, and agreed by all, the Board authorized the Chairman to execute the Deed of Dedication for right of way on Green Pond Road at the Charles Chrin Community Center property.

7. ORDINANCE AMENDING THE PALMER TOWNSHIP BASIC BUILDING CODE TO REQUIRE A PERMIT FOR ALL PROPOSED CONSTRUCTION OR CONVERSION OF RESIDENTIAL BASEMENTS INTO HABITABLE LIVING SPACE

INFORMATION

The Board needs to approve/disapprove the ordinance.

DISCUSSION

Colver said this proposed ordinance has been discussed for about a year since the new code went into effect. Colver said the code used to read you needed a second means of egress from a basement area. Colver said he agrees it’s a good idea to amend our ordinance to require the second means of egress for anyone applying for a permit to finish their basement into a habitable living space. Colver said it will require them to get a permit and go through the necessary inspections to insure a second form of egress is available.

Bruno said this change has been approved by Labor and Industry. Colver said because we’re doing something over and above what the current code requires, we needed to get Labor and Industry approval.

Dr. Phil Taverna, 2663 Northwood Avenue, asked what type of work will require this and will it be required for any area that didn’t have a way out. Colver said if your basement was done years ago you won’t be required to do anything now. Colver said it applies to anyone who wants to make a habitable living space in a residential basement.

On motion by Lammi, seconded by Mitchell, and agreed by all, the Board approved the ordinance amending the Palmer Township Basic Building Code to require a permit for all proposed construction or conversion of residential basements into habitable living space upon compliance with Section R310 of the International Residential Code.

8. STOCKERTOWN MUTUAL AID AGREEMENT

INFORMATION

The Board needs to approve/disapprove the mutual aid agreement.

DISCUSSION

Colver said we’ve had an agreement with Stockertown for many years and this is updating our mutual aid agreement. Bruno said his associate reviewed the agreement and it is in a form to approve tonight.

On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the Mutual Aid Agreement with Stockertown.

9. 25^TH STREET SIGNALIZATION PROJECT – CHANGE ORDER #3

INFORMATION

Tom Adams will bring the copies of the change order to the meeting. The Board needs to approve/disapprove the change order. The developer has agreed to pay $2,110.50 for item #3.

DISCUSSION

Colver reviewed the changes outlined in a memo from the Public Services Director to place traffic signal wiring underground at 25^th Street and Wood Avenue; place six hand controllers for key traffic signals; and differing site conditions resulting in contractor delays while constructing storm sewer near 25^th Street and Wood Avenue.

On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to execute change order #3 for the 25^th Street signalization project as recommended by the Public Services Director.

10. HOBSON STREET DETENTION BASIN FENCING BID AWARD

INFORMATION

Tom Adams will bring his recommendation to the meeting. The fencing will parallel the existing retaining block wall only. The Board needs to approve/disapprove the bid award.

DISCUSSION

Adams said he reviewed the bids and spoke to Abel Fence and they assured him that they would meet the specifications. Adams said he spoke to references provided by Abel and it is his recommendation they award the bid to Abel. Adams showed the Board color options for the fence. The Board agreed to go with green.

On motion by Lammi, seconded by Panella, and agreed by all, the Board awarded the bid to Abel Fence of Leola Pennsylvania for installation of a green fence in the amount of $11,589.50.

Lammi asked for a timeline for installation. Adams said it could be completed in a week or two.

11. PROFESSIONAL SERVICE AGREEMENT FOR MS4 STORM WATER PROGRAM

INFORMATION

The proposal is for Dan Koplish to assist the Public Services Director in completing and planning the MS4 annual reports. The Board needs to approve/disapprove the proposal.

DISCUSSION

Colver said this is regulatory compliance for a storm water management program. Adams said the MS4 is a DEP requirement for the maintenance of storm water facilities. Adams said Dan Koplish would assist him in getting the program up and running for the township. Adams said it is for quality of storm water, not quantity of storm water. Lammi said if this isn’t done properly he believes there can be fines associated with it.

On motion by Smith, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to execute the Professional Service Agreement with Dan Koplish, after satisfactory review by the Township Solicitor, for the MS4 storm water program.

12. PUBLIC COMMENT

Rich Vorholy, 202 Oxford Drive, said last September when they had rainfall problems in his neighborhood one of the problems that was a contributor was the overgrown weeds at the end of the roadway. Vorholy said the weeds are bad again. Adams said he thought they were cut down last September and the last time he was by the area it wasn’t too bad. Adams said he will have it looked at. Vorholy said the curbing problem was also discussed last year and since the township put a thin coating on the roadway, the roadway and curbing are now even and it is causing more water in his yard on Oxford Street. Adams said the micro-surfacing did add a ¼ inch to the roadway. Adams said he’ll need to talk to the Public Services Superintendent to look into the problem with the curbing.

Phil Taverna, 2663 Northwood Avenue, read a written statement to the Board regarding storm water management on Northwood Avenue and Fox Run Estates.

13. REPORTS

Solicitor

· Bruno said in light of the fact that Dr. Taverna has pending litigation against Palmer Township and Fox Run Estates he would suggest the Board not comment on Dr. Taverna’s statement this evening. Bruno asked the Board if they would like him to comment on behalf of the Board and the Board agreed. Bruno asked Dr. Taverna if he would like to give his written statement to the Board of Supervisors. Taverna gave Bruno the statement. Bruno said due to the fact that Dr. Taverna has pending litigation against Fox Run Estates he would like to point out that several depositions have taken place with township representatives that have taken up significant time, but were agreed upon by the township. Bruno said an injunction proceeding against the developer was filed and dismissed by the court. Bruno said there is a pending trail against the developer that has been postponed until November. Bruno said litigation has been filed against the township and will be pending before the court in the next few months. Bruno said Judge Smith is reviewing that case. Bruno stated Dr. Taverna has been allowed to use this meeting room to conduct his depositions, and that the township has agreed to meet with him and currently has the Township Engineer reviewing the matter and they are in the process of compiling their final report. Bruno said despite the antagonistic report by Dr. Taverna the township has continued to work with him even in the mist of two pending litigations that has cost the township taxpayers money. Bruno said we are hopeful that we can come to terms. Bruno said he disagrees with the statement that the Township Engineer, Solicitor, and Supervisors are neglecting their duties. Bruno stated everyone has complied with all required duties and have addressed any issues that have merit.

· Bruno said in addition to right of way dedication earlier on the agenda a resolution needs to be signed to accept the right of way for the Charles Chrin Community Center property. On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the resolution to accept the right of way.

· Bruno had an extension agreement for CTHL-1, Villages of Mill Race, Phase 3, requesting an extension until January 29, 2006 to complete public improvements. Bruno noted security had been posted. On motion by Smith, seconded by Lammi, and agreed by all, the Board authorized the chairman to sign the extension agreement.

· Bruno had an extension agreement for Sal Lapio Inc., Starlite Estates, requesting additional time for public improvements until February 4, 2006. On motion by Lammi, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the extension agreement.

· Bruno had an extension agreement for Highlands of Glenmoor for an extension until February 16, 2006 to complete improvements. On motion by Smith, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the extension agreement.

· One litigation item for executive session.

Police

· Fretz asked for an update on the 25^th Street road improvements in the area of the high school. Fretz said he doesn’t want his officers in danger directing traffic in this area while construction is being done. Adams said the school district has set up a pre-construction meeting for this Thursday and the township will be represented at that meeting. Adams said he hopes the project will start shortly after that meeting. Adams said our contractor has put in underground conduits that the school district agreed to pay for to expedite the project. Lammi asked if the Police Chief should attend the meeting. Adams said he thinks it would be prudent for him to be in attendance.

Supervisors

· Smith had one personnel item for executive session.

· Colver had one personnel item for executive session.

· Panella complimented the Police Chief and the police department for putting the speed sign up on Northwood Avenue. Panella said it’s very effective.

On motion by Mitchell, seconded by Smith, and agreed by all, the meeting was adjourned at 8:15 p.m. with one litigation and two personnel items for executive session.

Respectfully submitted,

Robert G. Anckaitis

Township Manager