PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

MARCH 24, 2009

A general business meeting of the Palmer Township Board of Supervisors was held on Tuesday, March 24, 2009 at 7:00 p.m. in the Community Room of the Palmer Library with all Supervisors in attendance. Also in attendance were the Township Manager, Planning Director, Director of Public Services, Police Chief, Township Solicitor and Attorney Christy Schlottman. Colver convened the meeting and led those present in the Pledge to the Flag.

Colver noted an executive session was held prior to tonight’s meeting with no action required tonight.

2. APPROVAL OF DISBURSEMENT OF FUNDS – MARCH 24, 2009

INFORMATION

The report 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 March 24, 2009.

3. APPROVAL OF MINUTES – MARCH 16, 2009

DISCUSSION

On motion by Smith, seconded by Lammi, and agreed by all, the Board approved the minutes of March 16, 2009.

4. CHRIN INC., 1551 VAN BUREN ROAD, CONDITIONAL USE REVIEW AND PLAN APPROVAL

INFORMATION

The Board needs to approve/disapprove the conditional use and plan approval.

DISCUSSION

Bruno said this is a conditional use application before the Board tonight. The application relates to a plan that proposes the re-use of three buildings for the repair of equipment, storage of parts, trucks, equipment and containers, and an office for the hauling company. The site is located on the east side of Van Buren Road, near Hollo Road and Route 33 in the LI zoning district. Bruno handed out packets to the Board with information related to the zoning ordinance and entered the following exhibits to the record:

T-1 conditional use application filed by Chrin, Inc.

T-2 summary of the township comment sheet

T-3 legal notice for hearing published in the newspaper

T-4 letter from the Planning Director dated March 12, 2009, on behalf of the Planning Commission stating their recommendation for approval

Greg Chrin and Don Frederickson were sworn in by Stenographer Rewak. Frederickson reviewed the site which was previously the Harold Seiple property. Frederickson explained their intention to re-use the existing three buildings. Chrin said the Company occupying the facility will be Chrin Hauling. Chrin said they have been located in Williams Township and we are out of space there and would like to move back to Palmer Township. Chrin said the property will be used for maintenance of vehicles and no waste will be on-site. Frederickson reviewed the hours of operation. Frederickson said they anticipate 72 trips a day with trucks leaving in the morning and returning in the afternoon. Bruno asked if the property is currently owned by Charles Chrin. Frederickson said yes. Bruno asked they get him a copy of the deed to supplement the record and to be marked as an applicant exhibit. Frederickson entered the site plan as an exhibit.

A-1 site plan

Colver asked about the residence next door. Chrin said they own every property that borders this property. Colver asked about outside lighting. Chrin said the property will be fenced, lighted, and have surveillance cameras on-site. Colver confirmed they are not going to store any waste on-site and asked how they will wash the vehicles out. Chrin said there will be an oil separation pit and the materials will be transported to Einfalt. Colver asked about the Fire Department’s recommendation for a knox box. Chrin said that is fine.

Bruno asked the audience if there were any questions. There were none. On motion by Smith, seconded by Lammi, and agreed by all, the Board voted to close the hearing for deliberation. Lammi said he did not see any issues related to the ordinance. Smith said he feels it is a good use of the buildings.

On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the conditional use request for 1551 Van Buren Road, conditioned upon the applicant fulfilling the comments on the township departmental comment sheet dated March 6, 2009 and a statement be noted on the plan that no waste will be stored on-site.

5. FINELLI CONSULTING ENGINEERS WEST, INC. CONDITIONAL USE REQUEST/FINAL LAND DEVELOPMENT PLAN REVIEW

INFORMATION

The Board needs to approve/disapprove the conditional use and final plan approval.

DISCUSSION

Bruno said this application is a conditional use for 2605 Nazareth Road. Bruno said Mr. and Mrs. Finelli are seeking to buy the property and are proposing to convert the existing dwelling at the southeast corner of Route 248 and Lawnherst Avenue intersection to an engineering office. Additional parking, driveway widening, and limitation of the existing driveway to Route 248 to a right-turn-out only are also proposed. The site is located in the MDR and Route 248 overlay district. The site is served with public water and sewer. Bruno said there are two matters to discuss tonight. One is the conditional use and the second part is the land development approval. Bruno distributed a packet of information related to the zoning ordinance to the Board. Bruno reviewed the ordinance with the Board and entered the following items to the record:

T-1 zoning request on behalf of the applicant

T-2 township departmental comment sheet

T-3 a September letter from Mr. Finelli addressing waiver issues

T-4 December 10, 2008 zoning hearing board decision

T-5 letter from the township engineer dated March 6, 2009

T-6 legal notice for public hearing published in the newspaper

T-7 extension granted to the township until April 30, 2009

T-8 letter written by Ms. Carman on behalf of the Planning Commission recommending their approval

Stenographer Rewak swore in Leila and Michael Finelli. Bruno asked if there was an agreement of sale on the property. Mr. Finelli said it was previously provided to the Planning Commission. Bruno asked Mr. Finelli to get him a copy of the agreement of sale to supplement the record and to be marked as an applicant exhibit

Finelli reviewed a plan of the property with the Board. Finelli said it was previously a veterinary office and a daycare. Finelli said they want to convert it to a professional engineering office. Finelli said they secured the Planning Commission’s recommendation earlier this month. Finelli said we are not proposing any expansion to the structure and reviewed the layout of the existing building. Finelli said there will be widening of the driveway onto Lawnherst and expanding the upper driveway. Finelli entered to the record:

A-1 land development plan dated December 17, 2008

Finelli said the only significant item to discuss tonight would be the Route 248 access. Finelli said at the Zoning Hearing Board meeting there were residents that came out to learn about the proposed use. Finelli said the residents made a point to emphasize they wanted us to maintain access onto Route 248. We are proposing, and it was recommended by the Planning Commission, to modify the opening on Route 248 to an exit only, right turn only. Entrance onto the property would be from Lawnherst.

Colver said we will talk about the physical use first. Colver said he feels it is a less intense use than any previous business that was in the building. Lammi said he did not have any problem with the use either. Lammi said we have to make judgment related to safety and public welfare. Lammi said he is against the driveway being open to Route 248. Lammi said you have plenty of access and your use will not create a lot of traffic on Lawnherst. Lammi said you can put up no left hand turn signs but people will still make a left onto Route 248. Lammi said that is his only concern, other than that he feels it is a great use. Smith said the use is perfect for the location. Smith said if they have an exit on Route 248 when drivers want to enter the property and they see they cannot turn into the property they will hesitate and then realize they have to proceed to the light. Smith said he feels the only way to eliminate the problems on Route 248 would be to use Lawnherst as the only entrance/exit. Colver asked if the Zoning Hearing Board mandated the Route 248 access remain open. Finelli said their recommendation was to allow opening to be continued and maintained but they did not get specific as to what type of movements. Colver said he believes the opening should remain and be right out only. Colver asked about buffering. Finelli said the south side buffering is okay as is and he will add additional buffering on the east side. Colver asked about lighting. Finelli reviewed the lights that will be placed on a timer to be shut off one hour after close. Colver asked about signage on Route 248. Finelli said there is an existing sign that is shielded by shrubbery and he would propose putting a sign on the property but he has not made any decisions. Colver asked about garbage. Finelli said they would privately contract for trash. Mitchell asked if Finelli feels the Route 248 access would hinder his business. Finelli said his personal take is we convinced the Zoning Hearing Board and the Planning Commission and he feels it is a good idea to keep it open as an exit only. Finelli said if you want it closed I would need a sidebar with my wife to discuss it before a final decision is made. Finelli said this will be a significant improvement over the existing condition and other driveways and uses along the same road do not have the requirement. Lammi said if anyone else would come before us he would be asking the same. Anckaitis asked if the driveway could be constructed on an angle that would allow only for a right hand turn out. Finelli said it is a good concept but he would have to review it because there is not a lot of space. Finelli said we get a lot of repetitive traffic. It is a destination point. People are not going to be driving down Route 248 and say lets stop here. Finelli said he believes the people who will be using it will know it is easier to use the Lawnherst entrance.

Bruno asked if the audience had any questions. There were none. Bruno said there are two ways to do this. If the Board is inclined to make a motion as the plan is presented then the motion can be made to approve the conditional use conditioned upon the land development plan being approved. Bruno said if someone has a problem with that motion they could make a motion to include closing off the entrance. Smith made a motion to go into deliberation but to keep the record open. The motion was seconded by Mitchell, and agreed by all. During discussions three Board members agreed to allow a right out only and two were opposed.

On motion by Panella, seconded by Mitchell, and agreed by three, Lammi and Smith opposed, the Board approved the conditional use request for Finelli Consulting Engineers West, Inc. as presented. Bruno recommended the motion include conditioned upon the land development plan approval. Panella amended her motion to include the land development approval and Mitchell seconded the amendment, and it was voted on 3-2.

Bruno said reviews were done by the Planning Commission and the engineer’s office. Waivers and deferrals need to be voted on. Bruno asked Mr. Finelli if he had any issues with the township engineer letter. Finelli said they are prepared to address the few outstanding items that remain in the township engineer letter dated March 6, 2009 and the township departmental comment sheet. Colver asked about the Zoning Hearing Board process and how it applied to his plan. Finelli said the Zoning Hearing was related to a lot of existing non-compliant conditions like parking space distance to the building, landscaping, etc.

Mitchell made a motion that the Board approve the Finelli Consulting Engineers West, Inc. final land development plan subject to the following conditions: the applicant fulfill the comments of the township engineer’s letter dated March 6, 2009, the applicant fulfill the township departmental comments dated March 6, 2009, the applicant obtain any approvals necessary from Penndot, the applicant dedicate the right-of-way area to the “future right-of-way” line to the township, the driveway on Route 248 be limited to right turn exits only and signed appropriately, the applicant enter into an improvements agreement to the satisfaction of the Township Solicitor, applicant submit financial security in a form acceptable to the Township Solicitor. The Board approved the following waiver request: 165-67.B – 300-foot separation between the centerlines of a driveway along Lawnherst and Nazareth Road. The Board approved the following deferrals: 165-59.C(2) – provision of additional right-of-way along Nazareth Road and cartway widening on Lawnherst Avenue, 165-59.D(3) – provision of 30-foot radius right-of-way arc and 40-foot radius curb line arc at Nazareth Road and Lawnherst Avenue intersection, 165-69.A – provision of sidewalks along Nazareth Road and Lawnherst Avenue, 165-73.A – provision of street trees along Nazareth Road and Lawnherst Avenue, and 165-75.A – provision of curb along Lawnherst Avenue. Panella seconded the motion, and it was agreed by three. Lammi and Smith were opposed.

6. PALMER BUSINESS PARK LOT 1-C, KUNKLE DRIVE, PRELIMINARY/FINAL LAND DEVELOPMENT PLAN REVIEW

INFORMATION

The Board needs to approve/disapprove the final land development plan.

DISCUSSION

Bruno said this is a preliminary/final land development plan request. Bruno said the plan proposes a two-story medical office building on Lot 1-C of the Palmer Business Park. The site is located at the northwest corner of the Corporate Drive/Kunkle Drive intersection within the PO/B zoning district. A parking lot with access to Corporate Drive and an underground detention system are also proposed. The lot would be served with public water and sewer. Bruno said there was one issue that came up related to storm water management. Bruno said the applicant feels they have done as much as they can to comply with the storm water requirements which falls short of the existing ordinance requirements. Bruno said the preliminary plan previously approved for this site had different requirements and they meet those requirements. Bruno said he believes that since it was found to not be a substantial change you have the right to exempt them from existing requirements since the prior preliminary plan was previously approved.

Don Frederickson and Dr. Mittal were in attendance. Frederickson said Nick Pugliese received the preliminary approval for a restaurant on this site and the stormwater management system that was approved was an underground system. Frederickson said this proposal has less impervious cover than the restaurant did. Mittal said the hours would be nine to five weekdays since most of his practice is at the hospital. Colver asked if it would only be his practice. Mittal said he is talking to other physicians. Mittal said it would include three physician offices with eight to ten employees. Frederickson said the Planning Commission approved recommendation and felt it was a better use than the proposal for a restaurant. Frederickson said they are requesting minor waiver requests and he reviewed them with the Board. Lammi asked if they will line off a crosswalk across the road by the handicapped ramp on their sidewalk. They agreed. Bruno asked Frederickson to explain the Pugliese prior representation. Frederickson said Mr. Pugliese has given him approval to revise the previously approved preliminary plan for Palmer Business Park. Lammi said a waiver is requested to provide concrete monuments. Lammi said the township engineer requested pins be placed. Frederickson said they would agree with that. Frederickson said they are prepared to offer a voluntary traffic contribution based on the eight to ten employees that would suggest 10 peak hour PM trips. Bruno confirmed they are proposing to offer the Township a $10,000 voluntary traffic contribution. They agreed. Frederickson said the recreation fee of $2,430 would also be paid based on the property being less than an acre.

Lammi made a motion to approve the Palmer Business Park Lot 1-C, Kunkle Drive preliminary/final land development plan conditioned on the following conditions: the applicant fulfill the comments of the township engineer’s letter dated March 6, 2009, the applicant fulfill the township departmental comments dated March 6, 2009, the Palmer Business Park preliminary plan be revised to remove the subject property, the applicant obtain NCCD approval of the E & S plan, and obtain any necessary DEP approvals, the applicant obtain LVPC storm water approval, the Board accepted a voluntary traffic contribution in the amount of $10,000, and a recreation fee in the amount of $2,430, the applicant enter into an improvements agreement acceptable to the Township Engineer and Township Solicitor, submit financial security in a form acceptable to the Township Solicitor,. The Board approved the following waivers: Final plan checklist E.5 – identification of the lengths, materials, slopes and invert elevations of the existing storm sewer, sanitary sewer and waterline utilities on the plans, 165-67.D – provision of a maximum slope of 5% for the initial 20 feet of driveway from the cartway, 165-74.B – provision of concrete monument lot corner markers. The Board approved the following deferral: 165-69.A – construction of sidewalks along Kunkle Drive, and agreed to grandfather the storm water management plan approved under the preliminary plan approval for the development as an exemption from the Act 167 stormwater management plan pursuant to 106.B of the Palmer Township ordinance, the applicant shall install crosswalk markings from the southwest corner of Kunkle to the south side of Kunkle at the handicap ramp. The motion was seconded by Smith, and agreed by all.

7. E.A.S.D. REQUEST FOR EASTON AREA ACADEMY CERTIFICATE OF OCCUPANCY PERMIT

INFORMATION

The Board needs to approve/disapprove the request for a permanent certificate of occupancy permit.

DISCUSSION

Joe Kish represented the school district. Bruno said the temporary certificate of occupancy expires March 31, 2009. Bruno said his office recommended the Board extend the temporary certificate of occupancy permit until all the environmental issues are addressed. Colver said there is some concern that the study is 2-1/2 years old. Kish said there was miscommunication because they never received anything from the township engineer’s office stating we had to complete the environmental study. Kish said we are prepared to do the study.

Lou Vittorio, the township environmental consultant, said he believes a ninety day extension should allow enough time for the school district to conduct their study.

On motion by Mitchell, seconded by Smith, and agreed by all, the Board approved extending the temporary certificate of occupancy permit to June 30, 2009 to allow for the school district to conduct a Phase I environmental study.

Anckaitis said he would like to clarify since at last weeks meeting and again tonight it has been said the township never notified the school district of the need for the study - that is not an accurate statement. Anckaitis said the school districts engineer, Barry Isett, was notified that a Phase I environmental audit needed to be performed in an email sent by the township planning director, George Kinney, on April 24, 2008. Kish said Barry Isett may have gotten the email but it was never forwarded to the district.

8. INTRASTATE MUTUAL AID SYSTEM

INFORMATION

The Board needs to decide whether to opt out or not. The township manager does not recommend we opt out.

DISCUSSION

Anckaitis said this is an act that was recently passed by the state. Anckaitis said in the past when we assisted the City of Easton we needed to have an agreement with them to receive state funding. Anckaitis said this act will allow mutual aid agreements with everyone in the state unless they opt out of the program. Anckaitis said now we won’t need to draw up agreements with any other community we work with, we’ll be covered under this law. Anckaitis said we are already covered unless we opt out.

On motion by Lammi, seconded by Smith, and agreed by all, the Board agreed to participate in the intrastate mutual aid system.

9. MILL RACE BUILDING PERMIT RENEWAL FEES

INFORMATION

The Board needs to approve/disapprove request to reduce permit renewal fees or extend permit expirations.

DISCUSSION

Anckaitis said Tuskes Homes is asking for relief of having to pay the 50% renewal fee for open permits for homes under construction that have exceeded the allowable time period for completion. The Board reviewed a spreadsheet supplied by the planning director with the listing of homes. Carman said she spoke to the county tax office and 30-months after the day construction begins the homes go on the tax rolls. Anckaitis said he feels if we allow this we are forfeiting government money and bailing out developers. Colver said we are going to see more and more of this with developments on hold due to the economy. Colver said to discount the rate would be a nightmare to track but maybe we should allow them to apply for a one year suspension. Anckaitis said when you say “discounts” are you saying they would not have to pay anything during the extension period. Dillman said no one knows how long the economic state is going to last. If it goes 12 to 18 months developers may not want to get started again for two to three years. If you give a one year extension it could take two years. Colver said when they choose to pick it up again they would have to pay the fee. Dillman confirmed they would not be paying any money now. Smith said what happens if a foundation goes in and then it stops and we have an open foundation. Carman said we have that situation with the last four on the list. Colver said he likes Dillman’s idea when they come back to finalize and get the certificate of occupancy permit they would have to pay the renewal fee at that time. Mitchell said he feels the ones ready for final inspection should have to get the final inspection.

Bruno asked if this is applying to just the group making the current request or if you are doing it across the board. Bruno said if you are doing it for all it may need to be addressed by resolution. Anckaitis said why not do it by request only because if you change the resolution it would affect everyone and it would continue when the economy is good.

On motion by Mitchell, seconded by Panella, and agreed by all, the Board agreed the developer would have to pay the fee for the properties that are ready for final inspection (45 Cobblestone Drive, 49 Cobblestone Drive, 9 Stone Creek Court, 23 Stone Creek Court, 161 Willow Drive, 28 Mill Brook Court) the remainder will have to pay the renewal fee when they apply for final inspection before we issue the certificate of occupancy. All properties are in the Villages at Mill Race.

10. NORTHWOOD INDUSTRIAL PARK, LOT 9, MAINTENANCE PERIOD REQUEST

INFORMATION

The Board needs to approve/disapprove request to commence maintenance period.

DISCUSSION

Bruno said this is a request to begin the maintenance period for the Bubba property. Dillman said the plan is approved and executed but he did not know if it was recorded. Dillman said the building is up. Dillman said the site improvements needed are very minor, there is no stormwater requirement, improvements would be street trees, curb already exists, driveway apron and sidewalk was deferred. Dillman said there is not much we would be interested in looking at. Colver asked if they ever got a building permit. Carman said she did not know. Dillman said he has a copy of a signed plan. Colver asked if they ever paid a recreation fee. Colver asked the staff to look into it and bring it back to the April 6^th meeting.

11. DISCUSSION REGARDING COMMERCIAL VEHICLE PARKING

INFORMATION

The Board needs to approve/disapprove consideration of a zoning amendment to update and standardize regulations on parking commercial vehicles in residential districts.

DISCUSSION

Anckaitis said this issue was raised by Kevin Kocher. He was sited by the Code Department because he had an oversized vehicle in a residential area and it had commercial advertising on the side. Anckaitis said they found out he did not have home occupation approval either. Kocher got his home occupation approved and he was told he could not have a vehicle in the residential area over 8,000 pounds. His vehicle is 12,000 pounds. That night he presented pictures of other vehicles that were just like his truck, many of which are pickup trucks, his is a box truck. Anckaitis said he raised some issues that may be legitimate. The 8,000 pounds may be outdated and maybe we need to look at that restriction. Anckaitis said Carman did some research regarding Penndot classifications and they are in your packet. Anckaitis said he believes it needs to be looked at and the question is do you want to look at gross vehicle weight or different types of vehicles. Anckaitis said if the Board raises it to 12,000 pounds you still have the signage problem because he exceeds the signage requirement. Anckaitis said Mr. Kocher’s problem will be going away because he is building a garage but he feels it is something the township should fix. Anckaitis said he also raised an issue regarding the way our ordinance is written. Anckaitis said Mr. Kocher said he was also going to make Representative Grucela aware of it. Anckaitis said he advised Mr. Kocher that we would address his concerns. Colver said people sometimes bring these vehicles home from their job. Anckaitis said that is allowed by our ordinance and that is what he is saying, what makes it right if someone works for another employer but for him, who works for himself, it is not allowed. Carman reviewed the three different sections of the ordinance and said we need to look at this and make sure they are consistent. Carman said other communities use Penndot classifications for vehicles to include up to Class 5 vehicles. Colver said he believes up to Class 5 seems more reasonable. Mitchell said could someone park four or five vehicles at their house. Carman said it is limited to one vehicle in the ordinance. It was agreed the township staff will work on a proposal to bring back to the Board.

12. TOWNSHIP ENGINEER CAPITAL PROJECTS UPDATE

INFORMATION

The township engineer will update the Board on the status of all capital projects.

DISCUSSION

Dillman said as you are aware we applied for an H2O grant for the Highland Park project. The state committee is going to meet sometime in April and we will check in with their staff for an update after that meeting.

Dillman said we sent our last submission to Penndot this week on the Greenwood Avenue extension project. Dillman said we are down to two property owners that are outstanding for the driveway HOP’s Penndot requested and one is anticipating signing in the next couple of days. Dillman said they would like to fast track and take advantage of the current construction pricing. Public bidding is coming in substantially low right now and we would like to get it out to bid as soon as possible. Dillman said they may not wait until they have the HOP in hand and start the bidding period earlier to take advantage of the market. The bidding process usually takes three to four weeks and we may stretch it out to five or six weeks to insure that it is covered by the HOP. Dillman said June/July is still the construction target. Dillman said the poles and utility lines should be moved by late May or early June.

Dillman said he met with Cyndie Carman and the solicitor’s staff yesterday to go through every project on their project list for the township to make sure we are all on the same page. Dillman said awhile back regarding the Palmer Town Center the township took the remaining improvements security to secure for items they did not complete. Dillman said there are one or two line items on our list of things to do that could be done anytime. One is stabilizing the area in the detention basin and the other is a traffic study that was to be completed after the complex was up and running. Dillman said Penndot has said they are not going to require the study, however we have the money to do it and he feels we should go ahead and do the study. Bruno asked who would do it. Dillman said it would be the Pidcock Company. Lammi said you mentioned you have a lot of the data already on the system. Dillman said the system keeps track of the traffic on the corridor and there are a few things that we would have to go out and do. Colver asked what happens to the funds being held. Bruno said they are being held on behalf of the third party. Colver said whatever is left on the list that is required we should use the money and do it.

13. PUBLIC COMMENT

Suzanne Baer, 201 Berks Street, said she had a copy of a fax she received from Tom Adams today. Baer said #1; the township will fill in area around curb along entire length of curbing. Baer said her question was not answered if it settles at a later date, who will fix it. Colver said we will fill it in and then it is your problem any time after that. Baer said in late summer 2008 she met with Tom and Scott and they said they would bury the ugly black tube that was left by the contractor. Baer ask why now an about face. Adams said he said it would be pulled after the grass had grown. Baer said there is a house on Moore Street where the pipe comes out to the curb. Anckaitis said it was put in by the contractor until the grass was developed. Anckaitis said he did not think we should bury it. Baer said #3 where the township said they will fill in the area by the swing set, I want to know when. Adams said that area settled and will be filled in by township forces. Baer said #4; when will the Pachysandra be planted. Adams said at the end of the maintenance period when the final inspection is competed. Baer asked when. Dillman said it would be late May. Baer said now she was told she needs to get a building permit for her steps. Adams said if there are four or more steps you need a building permit and it would need to be inspected because it would require a railing. Colver said you have to go to the municipal building to the code department to apply for your permit. Baer said she was told by Mr. Adams she didn’t need to go through code. Supervisor Smith said he is very close to saying we will not do any of this. Smith said we have gone above and beyond with the contractors and this project and there is always an issue. Smith said he recommends we leave it as is, let them fill in the low spots and put in the Pachysandra, and be done with this. Colver said lets do it as the Public Services Director planned, but this is the last stop. Colver said we are way above and beyond what this township had to do.

14. REPORTS

Solicitor

· Bruno had a land development maintenance agreement for TD Bank. They are prepared to enter into their maintenance period and have posted security. On motion by Lammi, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the agreement.

· Bruno said the Chrin Commerce Center needs additional time to complete their public improvements and are asking until November 30, 2009. On motion by Mitchell, seconded by Smith, and agreed by all, the Board authorized the Chairman to sign the extension request.

· Bruno had a letter from Attorney Steve Boell dated March 3, 2009 regarding the Crossroads of Nazareth, LLC asking for what they expect to be their last extension request for an additional 3-month period. On motion by Smith, seconded by Panella, and agreed by all, the Board approved the 3-month extension request.

· Bruno said related to the tax assessment appeal filed on behalf of the Highlands and Glenmoor they have proposed stipulation of counsel to allow as a class action instead of having to hear each appeal one-by-one. Bruno said the county solicitor executed the agreement and the property owner’s attorney also executed the agreement. On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the solicitor to execute the agreement on behalf of the township.

· Bruno said the Remaly Industrial Park improvements agreement expires March 31, 2009 and they are requesting a six-month extension of time to record their plan. On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the extension request.

· Bruno had two litigation items for executive session.

Manager

· Anckaitis complimented Planning Director, Cyndie Carman, for all the work she did to compile data on two items for tonight’s agenda. Anckaitis said she did a lot of research so we all knew where things stood on the issues.

· Anckaitis said we had a workers’ compensation safety inspection today with our insurance company inspector. Anckaitis said he feels we did very well with the process and Scott Kistler said the inspector had no issues with anything we are doing and he commented that our housekeeping in the road and parks departments was very good.

· Anckaitis said tomorrow he will be attending the PELRAS conference for three days at Penn State.

Public Services Director

· Adams said the contractor for the commerce center has started work on the traffic signal.

Planning Director

· Carman said the Magestic facility had previous issues raised regarding on site lighting. Magestic has come back with another lighting plan and they placed three new lights on the building. Carman said she understands some neighbors still do not like them. Carman said the new lights appear that they would not be shining anywhere other than down. They are asking for the townships direction. Carman showed photos of the new lights to the Board. Lammi said they have to have light and the objective is to shield the bulb and they have done that. The Board agreed Magestic should go with the new shielded lights.

· Carman said she was approached by a resident that wants to do a community project and would like to find somewhere in the township where she could plant sunflowers. Colver recommended the area by the bike path and the post office that the parks department plants flowers in every year. Chief Fretz said he believes they may fall into the roadway there.

Police Chief

· Fretz said about a year ago he informed the Board about two bear cat tactical vehicles that would be located in Scranton and Bethlehem. Fretz said he finally received an agreement regarding the use of the vehicles and he would be giving it to Solicitor Bruno to review.

· Fretz said at the last meeting there was discussion regarding speed on Greenwood Avenue. Fretz said they did some research and contacted Penndot. Fretz said the township has a piece of equipment that will monitor the speed on the road. Fretz said he would like some time to make sure there is a speeding problem on the road. Fretz said there have been accidents on the road over the past nine years but usually it is someone who pulled out in front of traffic on Greenwood from a side street.

· Fretz had one personnel item for executive session.

Supervisors

· Smith said he and Tom Adams attended the Recreation Board meeting this week and we went over capital projects and projects in the parks. Smith said the Recreation Board will be coming back with a formal plan for the Board.

· Lammi said in the past you heard me talk about the need for a left hand turn at William Penn and Greenwood Avenue. Lammi said he proposed his questions to an individual he knew at Penndot who turned it over to a district operations engineer. It came back with a note indicating he does not feel the intersection warrants a left hand turn signal but it could be a timing issue with the northbound traffic not having enough time to move through the intersection. Lammi said he is asking guidance of his colleagues to agree to request a timing study. The Board agreed to follow up with Penndot’s offer to check the timing. Lammi asked Tom Adams to make the contact with Penndot.

· Colver said the Fire Department, again this month, brought on two more guys through the probationary period. Colver also noted he was the only one that responded to the banquet invitation. Three other Board members and the township manager said they told Diane Grube they would be attending.

On motion by Mitchell, seconded by Panella, and agreed by all, the meeting was adjourned at 9:45 p.m. with one personnel and two litigation items for executive session.

Respectfully submitted,

Robert G. Anckaitis

Township Manager