PALMER TOWNSHIP BOARD OF SUPERVISORS

REGULAR BUSINESS MEETING

SEPTEMBER 19, 2005

A regular meeting of the Palmer Township Board of Supervisors was held on Monday, September 19, 2005, at 7:00 p.m. in the Community Room of the Palmer Library with all Supervisors in attendance. Also present were the Township Manager, Director of Public Services, Solicitor, Police Chief, and Community Center Director. Sara Mausolf from the Express Times represented the news media. Colver convened the meeting and led those present in the Pledge to the Flag.

Colver said one executive session was held prior to tonight’s meeting to discuss one litigation matter and another executive session was held on September 6 to discuss one personnel matter. Colver said no action is to be taken on either item this evening.

2. APPROVAL OF DISBURSEMENT OF FUNDS – SEPTEMBER 19, 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 September 19, 2005.

3. APPROVAL OF MINUTES – AUGUST 23, 2005

DISCUSSION

Bruno noted to change the word “adopting” to “accepting” in all the street lighting resolution motions.

On motion by Lammi, seconded by Panella, and agreed by all, the Board approved the minutes of August 23, 2005, with the above changes.

4. DISCUSSION REGARDING RETURN OF PENSION CONTRIBUTIONS FOR POLICE OFFICERS

INFORMATION

The Board needs to approve/disapprove return of contributions.

DISCUSSION

Barry Portz represented the retired police officers. Portz said President Bush signed into law on July 22, 2004, a bill that states police officers and retired officers can carry firearms throughout the country. Portz asked the Board for permission to allow the retired officers to be qualified to carry the firearms when the active officers are qualified. Portz said there would be no other costs to the township other than producing the cards authorizing them to do so.

Colver said he received a copy of the bill from Barry Portz and said he recommends the Township Solicitor and Police Chief review the document prior to the Board making a decision. Colver said he wants to make sure everything is covered since it allows carrying the firearm throughout the United States. Colver said he wants to make sure there are no issues regarding other states.

Portz said the retired officers feel they are not getting proper representation from the Police Association. Portz said an example is a letter that Mr. Anckaitis sent to Glenn Sipel regarding the return of contributions. Portz said the retired officers never knew about the letter. Portz said once we retire we have no representation on the pension board either. Portz said we are asking that a retired officer be allowed to participate on the pension board. Colver said he knows there are two members from the Board of Supervisors, and he’s not sure what the regulations are regarding who else can participate. Colver introduced Jeff Zimskind, labor attorney. Zimskind said the ordinance states the Board of Supervisors, advice and suggestions from an actuary, secretary/treasurer, police chief, and three other full time officers. Zimskind said the way it is presently worded there is no provision for a retiree on the Board. Portz asked to find out if the wording could be changed, and if it is up to the Board of Supervisors, if the Board would support it. Colver said since it is an advisory board he didn’t see that it should be a problem. Lammi said he didn’t feel it couldn’t happen unless there was a legal reason not to have a retiree participate. Bruno said he will verify that there is no state legislation that would not allow it.

Portz said the last item he would like to discuss is the return of pension contributions to police officers. Portz said in 2002, Act 600 stated it was legal to return money. Portz reviewed wording in the act with the Board. Portz said other police departments like Wilson and Jim Thorpe have gotten their money back. Portz said Jim Thorpe’s argument was similar to our situation. Portz said Jim Thorpe took it to arbitration and the decision was to give the officers money back. Portz said through rumors we hear that one of the proposed changes to the contract it that this section be taken out. Portz asked if the Association agrees to take this section out of the contract, would the retirees be bound by the contract at the time of retirement or the new contract. Portz said we’re asking that this section of the contract not be discussed at negotiations. Portz again asked if the current retirees would be covered under the old contract or the new contract. Zimskind said the answer is, it would be unclear.

Portz, the Board, and Zimskind discussed various cases regarding return of contributions.

Colver said as stated in the Township Manager’s letter the fund currently isn’t actuarially sound so the township isn’t in a position to return the contributions. Colver said the bottom line is if the money was in there and the fund was actuarially sound, and if it was legal to do, this Board would say it wouldn’t be a problem.

Portz said Act 600 says it’s legal according to the auditor general. Colver asked how Portz could say it can happen when we say the fund is not actuarially sound now. Colver asked how can it take a $300,000 hit and remain sound. Portz reviewed fund accounting records he had received in the past years. Portz said the police pension fund is a defined contribution plan. Portz said in 1984 or 1985 the law changed and all state money no longer had to go to just the police fund. Portz said after that time some could go into the non-uniform fund. Portz said four years after that more money was taken from the uniform plan and put into the non-uniform pension. Portz said in 1998 we were under funded by $13,000 and we were asked to donate into the fund. Portz said in 1998 there was a surplus that went into the non-uniform fund that would have covered the $13,000 shortage in the police fund. Portz reviewed a spreadsheet he gave to the Board. Portz said we had to pay in and the non-uniform never had to pay anything.

Portz said we feel we can show you where the money can come from. We’re not asking for the taxpayer’s money. Portz said we started the pension plan with our own money, the non-uniform get it as a benefit, they didn’t contribute. Portz said non-uniform get social security in addition. Portz said we feel we’re supporting the non-uniform pension because we had to pay and they didn’t. Portz asked is that right, or is that fair - I don’t think it is.

Portz said we’re agreeable with certain conditions. Portz said we will agree to refund the money in two stages. Portz said that would give the township enough time to manage the township money properly. Portz said he was asked what date the interest would stop accruing. Portz said if the township would refund the money there are two different dates the township could use that would make the fund sound. Portz said state money would have to be funneled over to our fund and the township would have to fund the non-uniform plan since that is a benefit plan.

Zimskind said it’s not really a defined contribution plan. Zimskind said you put money into a big pot of money and what you get is determined by ordinance. Zimskind said you get back a formula which is a defined benefit plan. Zimskind said you don’t carry a balance with you. Zimskind said a 401K plan is a defined contribution plan; this is a fund and you don’t get out what you put in.

Colver said you’ve given us a lot of information to review and we’ll need to have the Township Manager and labor attorney review it so we can come back in a couple weeks.

Anckaitis said we already know that without giving a penny back the fund is not actuarially sound and also that the law doesn’t allow it. Zimskind said unless something changes in legislation you have to somehow convince us that they are not accepting personal liability for authorizing the expenditure of the funds. Portz said it is all in the interpretation and we feel Act 600 says it is legal to do so. Portz said he feels he gave the Board enough information to show it is legal.

Lammi said there are probably other police department’s in the area that are in the same situation. Lammi asked Portz if he had any information from any other local police departments like Bethlehem Township or Forks. Portz said he would have to check with the local FOP to get that information. Portz said the township labor attorney just researched the negative cases; he didn’t research Jim Thorpe or Wilson Borough.

Colver said we have a lot of information that was put on the table and we will take a look at everything. Colver recommended Portz work with the Township Manager on the status of the review. The Township Manager gave Portz a copy of the actuarial study.

5. DEA TASK FORCE AGREEMENT

INFORMATION

The Board needs to approve/disapprove the Task Force Agreement and authorize the Chairman to sign the agreement.

DISCUSSION

Bruno said he received and reviewed the agreement and he didn’t have any problem with the agreement. Bruno said he wanted the Board to understand the language and the responsibility of the township.

On motion by Lammi, seconded by Smith, and agreed by all, the Board approved and authorized the Chairman to execute the DEA task force agreement.

6. COMMUNITY CENTER DIRECTOR PRESENTATION

INFORMATION

Kemie Heckman will be updating the Board on the status of all community center activities and planning.

DISCUSSION

Anckaitis said the Director provided in your packets the information that we would like approved by the Board tonight. Anckaitis said she also gave you a lot of information before the meeting tonight that is just for your information.

Kemie Heckman, Community Center Director, reviewed the planning process she’s been working through and the people she has met with regarding setting things up for the center. Anckaitis said almost everything we are doing is being covered through state contracts so there won’t be a need for bidding.

Heckman reviewed definite programs that are already scheduled to begin in the center in four or six week sessions. Heckman said most of these are consecutive sessions that a lot of people asked for through the survey cards. Heckman also reviewed programs that she would like to add and said she’s working on getting instructors for these programs.

Heckman reviewed rental information regarding organizations that will be interested in room usage as well as gym rentals. Heckman said she is putting together a book with forms and regulations and she met with Bob Lammi regarding putting a lot of that information on a website. Lammi said the domain name has been reserved and he will begin building the site as soon as we send the check to the company.

Anckaitis said we need to get the information from the Athletic Association for gym usage because there are a lot of organizations that already want to use the gym. Smith said he will get with the basketball commissioner tomorrow to try to expedite the dates they will need. Heckman said she needs the Board to make a decision and will need the Board’s support to adhere to the guidelines.

Heckman asked the Board to consider what the gym can be used for. Heckman said sports like baseball, softball, and soccer can damage a gym floor. Anckaitis said examples are when bats are being tapped on the gym floor it damages the floor. Heckman said a softball and baseball can damage the score board and windows. Anckaitis said he would recommend that baseball, softball, and soccer not be permitted. Mitchell said he feels outside sports should be played outside and inside sports should be played inside.

Smith asked who gets priority for gym use, Palmer Township or other groups. Heckman said during basketball season the township, but there are ongoing programs like Jazzercise that will need a prime time hour during the evening year round.

Panella said she has been asked by the golden age clubs if non-profit organizations would get a discount. Heckman said she feels they should be entitled to a small discount if they are meeting there monthly. Colver said if you come up with a general 20% discount this Board is okay with that. Heckman asked about groups that want to use the facility that sends profits to a charitable cause or non-profit organization. Colver said he thinks a maintenance fee should still be charged because they’ll be using the bathrooms, etc.

Colver said if the center is turned over to the township mid December we’re still saying mid January will be the grand opening dedication ceremony.

7. COMMUNITY CENTER OPERATIONS AND RATE APPROVALS

INFORMATION

The Board needs to approve/disapprove operational procedures and rates for the community center.

DISCUSSION

Colver asked what the hours of operation will be. Heckman said Monday through Friday, 7 a.m. to 9 p.m. and Saturday and Sundays 8 a.m. to 4 p.m. Heckman said these are set hours but we can run programs after hours, if needed, for programs as long as we pay a monitor to be there for the group.

Colver asked about the orientation fee. Heckman said a personal trainer will give each individual person training on how to use all the equipment. For an extra fee she could be their personal trainer. Heckman said for insurance purposes you need to have people properly trained.

Lammi made a motion to approve the operating procedures, hours of operation, the 2006 community center rates for use of rooms within the facility, and part-time employee compensation hourly rates.

Adams asked if there would be consideration for a rate for a township employee discount for room rentals in addition to a rate for use of the fitness center.

Lammi amended the motion to include a township employee rate for use of the facilities. Smith seconded the motion and it was agreed by all.

8. STREET LIGHT REQUEST

INFORMATION

The Traffic Committee will have a recommendation at the meeting.

DISCUSSION

Chief Fretz said the request is to place a street light in the middle of the block between Clayton Street and Moravian Avenue. Fretz said this area is not any darker than any other area in the township. Fretz said he doesn’t feel we want to get in the habit of putting street lights in the middle of blocks. Fretz said he would recommend if a person is that concerned they could install motion lights on their property.

On motion by Lammi, seconded by Smith, and agreed by all, the Board voted to not place a street light midway between Clayton Street and Moravian Avenue, as recommended by the traffic committee.

9. PUBLIC COMMENT

None

10. REPORTS

Solicitor

· Bruno had one litigation for executive session.

Township Manager

· None

Public Services Director

· Adams said the fire department has requested to use the Shannon house for fire training. Colver said before they get in there, make sure all the utilities are cut off. The Board agreed it was okay. Fretz said he would be a little concerned with traffic on Freemansburg Avenue and Greenwood Avenue due to a lot of gawkers trying to find out what is going on. Fretz asked that proper notification be attempted.

· Adams said he received proposals for the fencing in front of the community center. We’re proposing to do 400 foot stripes of new fencing. Adams said we will do two 400 foot segments this year and then decide next year if we want to continue with it. Adams said it will allow people on Route 22 to see the community center. Adams said he received three proposals at $9,350, $9,380 & $18,560. Adams said he’s recommending the township go with the lowest bidder. On motion by Colver, seconded by Smith, and agreed by all, the Board approved awarding the bid to low Hegarty and Sons for fencing at the community center in the amount of $9,350, upon satisfactory review of the bid documents by the Township Solicitor.

· Adams said Penndot is pushing us to go out to bid for the bike path but there is the issue of the Forks Township residents. Penndot would like to see plans for the work proposed. Adams said he received a proposal for Schoor DePalma to do the work. Lammi said he’d like to hear an update on where we stand in executive session with the properties before we make a decision.

Police Chief

· Fretz said this past week we held the child car seat check at Deichman Walker.

· Colver said he noticed the school district shut off the 25^th Street exit and asked how it was working. Fretz said the main problem is the extra traffic of the parents dropping their kids off. Fretz said there is an issue on the west end with signage. Fretz said the contractor says it will take four to six weeks. Fretz said he feels the bumps will work out in a few days.

Supervisors

· Smith said when we reviewed Mickey Corpora’s coaching status we asked Marc Knox to review the Legion and Jr. Legion programs. Smith said he received a letter from Knox and he feels things were handled well. Knox said he also said he had some parents who praised Mickey in how he handled some situations. Smith asked if Mickey’s probation carries over to other sports he coaches. Lammi said it was just for baseball season.

· Smith said he has all budgets for the Recreation Board.

· Smith said at 8:30 tomorrow we have a meeting for the committee we will be putting together to review recreation within the township. Colver asked who is on it from this Board. Smith said he and Mitchell.

· Lammi said the ESC held a composting seminar at the recycling center on Saturday and 35 people attended. Lammi said in the 11 years this event has been held we’ve given out 900 composting bins. Lammi said the program continues to have support. Lammi said at the ESC committee meeting on Thursday they said they will be sending the Board a letter recommending we extend the Waste Management contract for the additional year.

· Colver said the guy who bought the old Thatchers said he’s trying to give two big pine trees to local municipalities who hold tree lighting ceremonies. Colver said I told him we probably weren’t interested but I’d bring it up to the Board. Colver said if anyone knows of anyone who would be interested to let him know.

· Panella asked the Public Services Director if the residents of Mountain View called him regarding their complaint about it being too dark in their neighborhood. Adams said they did not but he would go out and take a look at it.

· Mitchell said he met with Suburban EMS today and they informed him that they sent an ambulance and five guys to New Orleans for five days who helped work with the sick and injured.

On motion by Mitchell, seconded by Smith, and agreed by all, the meeting was recessed at 9:40 p.m. for two litigation items for executive session.

The meeting reconvened at 10:00 p.m.

On motion by Lammi, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the contract for Schoor DePalma to complete the necessary engineering work for the bike path from Tatamy to Northwood Avenue.

On motion by Mitchell, seconded by Smith and agreed by all, the meeting was adjourned at 10:05 p.m.

Respectfully submitted,

Robert G. Anckaitis

Township Manager