PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

SEPTEMBER 29, 2009

A general business meeting of the Palmer Township Board of Supervisors was held on Tuesday, September 29, 2009 at 7:00 p.m. in the Community Room of the Palmer Library with all Supervisors in attendance: Dave Colver, Bob Lammi, Ann-Marie Panella, Mike Mitchell and Bob Smith. Also in attendance were the Township Manager, Public Services Director, Police Chief, Township Solicitor and Stenographer Ted Rewak. Chairman Colver convened the meeting and led those present in the Pledge to the Flag.

2. APPROVAL OF DISBURSEMENT OF FUNDS – SEPTEMBER 29, 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 September 29, 2009.

3. APPROVAL OF MINUTES – SEPTEMBER 21, 2009

DISCUSSION

On motion by Lammi, seconded by Smith, and agreed by four, the Board approved the minutes of September 21, 2009. Colver abstained since he was absent at the September 21^st meeting.

4. FINEGAN FUNERAL HOME CONDITIONAL USE APPLICATION/SITE PLAN

INFORMATION

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

DISCUSSION

Bruno noted this item has been advertised for a public hearing tonight as a conditional use application. The property is located at the southeast corner of William Penn Highway and Edamy Street. This property is seeking approval as a funeral home and the use requires conditional use approval. Bruno entered the following exhibits to the record:

T1 Conditional Use Application form filed by Finegan Funeral Home

T2 Site Plan Application Form

T3 Correspondence from the solicitor’s office to The Express-Times requesting the public hearing

T4 Township engineer letter dated September 4, 2009

T5 Letter from the township planning director to Chairman Colver summarizing the Planning Commission’s approval subject to conditions. The letter also includes the township staff comment sheet.

Bruno asked Attorney Cohen for the agreement of sale of the property. Attorney Cohen provided a copy to the solicitor and will forward the signature page at a later date.

Stenographer Rewak swore in those interested in testifying.

Attorney Cohen said he would present the same information they provided to the Planning Commission. Cohen said the applicant is okay with the comments noted in the township engineer letter. Cohen entered the following items to the record:

A1 Agreement of sale

A2 Site Plan

A3 Series of documents he will hand out and refer to during his testimony

John Finegan Sr. was in attendance. Cohen said the property has been vacant for some time and is currently deteriorating. Finegan said he is a funeral director and his family has been in the business since 1931. Finegan said the interior and exterior of the property is deteriorating and they would like to make renovations to make the building into a funeral home. Finegan said the deck will be removed and they will square off the building for office space. Finegan said it will seat about 65 people and they anticipate about one funeral per week. Finegan said they currently have three other locations – two in New Jersey and one in Wilson Borough and he plans to continue to use those other sites. Finegan said there is a turnover of people coming and going during a funeral. Most homes in the area have off street parking and two car garages. Finegan said they do not believe it will impact area neighbors. Cohen said the prior Stefarry’s Restaurant had a seating capacity of 150 and was open until 2 a.m. Finegan said their operating hours would go until 9:30 or 10 p.m. when there is a viewing with a maximum of three employees on-site. Cohen asked about lighting. Finegan said there would be no changes to the exterior lighting and it will comply with the township ordinance. Cohen asked about signage. Finegan said we will keep the size of the existing sign but we will drop it to ground level. Cohen reviewed the conditional use requirements according to the township ordinance. Finegan stated they conform to all requirements. Cohen reviewed the deed of the property with Finegan and stated the five parcels will be consolidated into one parcel. Finegan stated it did not have negative impact on the public welfare or safety of township residents. Finegan stated they made proper screening and setback requirements around the property.

Colver asked about the addition where the deck is being removed. Colver said you stated it wouldn’t change the footprint. Cohen said the building will become a rectangle. Colver said the plan was to cut off access to William Penn Highway, confirming it will all be blacktopped. Dominic Colangelo, Finelli Associates, reviewed the area that will be blacktopped and what will remain green. Colver said you only expect one funeral per week. Finegan said at our funeral home in Wilson we held 55 funerals in the past year. Colver asked where the funeral home vehicles will be parked. Finegan said they will be kept at our other funeral homes. Colver asked if the sign size meets ordinance requirements. Cohen said it is the same size as the existing sign. Bruno said the zoning officer didn’t make any note about the sign being an issue. Colver asked where they stand with the site development plan. Cohen said it has been resubmitted. Colver asked if the township engineer reviewed the plan. Dillman said they reviewed it and he feels everything can be addressed. Dillman said the paper street and alley needs to be looked at. Bruno said that issue has to be resolved to the satisfaction of the solicitor. Colver said there was concern with storm water in the area that used to be stone. Colangelo said with new curb on the west side the storm water is being redirected down Nicholas Street and it does not increase the flow. Colver asked about the berm on the north side of the property. Colangelo said the net effect is the same by using a stone bed in the southeast corner. Dillman said his office is okay with the flow and the calculations suggest there will actually be a decrease. Mitchell asked if they would be embalming on site. Finegan said yes. Panella asked about the traffic flow in and out of the property. They reviewed the traffic plan with the Board.

There were no questions or comments from the audience. On motion by Lammi, seconded by Smith, and agreed by all, the Board voted to close the record for deliberation.

On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the conditional use application and associated site plan subject to the following conditions: the applicant address the comments of the township engineer’s letter dated September 4, 2009 to the satisfaction of the township engineer; satisfy any remaining township department comments dated September 8, 2009; receive approval of the requested waivers and deferrals as listed below; address the issue of title to the paper streets to the satisfaction of the township solicitor; enter into a subdivision improvements agreement and supply financial security acceptable to the township solicitor. The Board approved the following waivers: 165.67.B – minimum separation of driveways; 165.69.D(3) – curb radii. The Board approved the following deferrals: 165-59.C(2) – additional right-of-way width and widening of the cartway; 165-59.F(1) – minimum street design standards; 165.59.M(3)(a) – widening of abutting streets; 165.69 – sidewalks; 165-73 – street trees; 165-75 – curbs; 190-196.D – minimum width of future right-of-way; 190-266.A – sidewalks in William Penn Overlay District.

5. MANDY PARTNERS REQUEST TO ENTERTAIN ZONING TEXT AMENDMENT

INFORMATION

The Board needs to approve/disapprove the zoning text amendment.

DISCUSSION

Mark Brookman from Mandy Partners was in attendance and introduced Alan Abraham and Marty Cohen. Brookman reviewed the past history of Mandy Partners. Brookman said we have gone back to what was originally engineered by Pennoni to provide a village overlay. Brookman said tonight we would like to make amendments to the town zoning code and subject all of this to conditional use approval and confirm how we move forward. Brookman said this property is currently zoned PIC and we are proposing to have the site developed and changed from PIC to HDR. Brookman reviewed the plan with the Board stating the parcel is located between the Joseph I parcel and Van Buren Road. Brookman said the Lehigh Valley Planning Commission guidelines state garden apartments, on the low end, as eight units per acre and go up to 20 per acre on the high end. Brookman said we are proposing 336 garden apartments or 9 units per acre. Brookman said we feel this is a perfect area for this kind of development. It is within walking distance of the area shopping districts, the offices along Route 248 and has access to public transportation.

Bruno confirmed the history of this proposal was an initial request for rezoning. Brookman said that is what they are requesting. Bruno said now in addition to the rezoning you are proposing additional amendments to the village option. Brookman said the village option and the overlay requires changes.

Colver confirmed we are being asked to entertain the text amendment tonight. Brookman said that is correct. Bruno said the prior motion to entertain the rezoning of the property back in 2007 included a requirement of submitting a land development plan. Brookman said a plan will be submitted. Bruno said the land development plan will need to run concurrent with the rezoning request.

Lammi asked when the Board approved entertaining the request to rezone the property. Brookman said November 2007. Lammi said with everything he has to look at today from a planning, engineering and legal perspective it is going to be quite a task to make sure all the issues are addressed. Lammi suggested the township staff take the Woodmont and Mandy Partners information and put it all in one review addressing each with a different color. Lammi said the LVPC just came out with a model ordinance on density bonuses that also should be looked at by our staff to see how it could be incorporated into any changes that would be made. Lammi said he doesn’t have a problem with entertaining this request because he feels we have to. There is going to be a need for more affordable homes in the future instead of the large mansions. Lammi said we shouldn’t hold up on the Woodmont property because we’ve agreed to move forward on that plan. Brookman asked if their next step would be to move forward on engineering. Lammi said that would be up to you. Colver said his opinion is it would be foolish to move forward until you know what the guidelines are. Colver said it is going to take a little bit to do this. Mitchell asked how we discuss where to go without a plan to look at. Colver said it has to be general for the zoning district. Lammi said the big thing is the rezoning of the area. Bruno said his recommendation is consideration of amendments is necessary at this point but as far as reclassification you wouldn’t be considering that aspect. Smith asked if there were commercial properties bordering this property. Brookman said yes. Smith noted the setback issues could impact commercial properties. Lammi said he feels we have enough commercial properties already so this type of use is a good use for this type of property since it is near commercial properties. Colver asked about an escrow being established. Bruno said they already have an escrow established and will be required to replenish funds as needed.

On motion by Lammi, seconded by Mitchell, and agreed by all, the Board approved entertaining the zoning text amendment conditioned upon the township having the right to access previously posted escrow funds for payment of professional consultant and attorneys fees associated with review of the zoning text amendment.

Bill Dengler, 138 Glenmoor Circle, asked for clarification of where the property is located.

6. WOODRIDGE FALLS III PRELIMINARY MAJOR SUBDIVISION/LAND DEVELOPMENT PLAN

INFORMATION

The Board needs to approve/disapprove the preliminary major subdivision/land development plan.

DISCUSSION

Bruno noted the preliminary plan submission is running concurrent with the zoning amendment requests. Tonight you are looking at the preliminary plan and the zoning amendment will not be ruled upon until the final plan submission. Bruno noted the Board should review with the assumption that the zoning amendments will be passed.

Attorney Lisa Pereira and Attorney Steve Santola were in attendance. Santola reviewed the plan that has evolved over time. Santola stated the detention basin is larger than required for their site to help the water flow coming from the Highland Park area. Santola said the units at their Bethlehem complex are 99% filled and they have a waiting list for certain types of units. Santola said the proposal includes a clubhouse, swimming pool, fitness center and dog runs. Santola said we anticipate 16 to 18 school age children so there should be no burden on the schools or recreation. Santola said we’ve been through the township planning process and they did a fine job looking over our proposal. Lammi asked if the children were just for the townhomes not the apartments. Santola said that is correct. Colver asked for the number of units. Santola said 216 apartments, 100 town homes and one single family lot. Santola said they have proposals of buildings with roofs that are 45 feet in height and we also have a building proposed with a flat roof that isn’t as attractive but would meet the township ordinance height requirement. The building structures were reviewed with the Board. Santola said floor to ceiling height is nine feet.

Colver asked about the pond area. Santola said the design right now is a dry pond with a walkway and we would be catching water from the headway and bring it into the Penndot easement. Santola said the pond is five acres. Colver asked about on-site parking versus parking on Grandview Drive. Santola said there will be no parking on Grandview. It will be on hammerheads and each unit will have a one car garage and driveway. Santola said the parking plan allows for greater than 1.75 vehicles per unit in the rental units. Colver said your group will maintain it. Santola said we have a management company that maintains it. Santola said the town homes would have an association that maintains the property. Santola reviewed an open space area of two acres and said they would be willing to put in a park or playground. Colver said he assumes the town homes would have garbage pickup but the rentals would have dumpsters. Colver asked if it would be a private hauler or township pickup. Lammi said the Highlands and Glenmoor have private haulers.

Bruno said a prior plan of this project was never withdrawn. Pereira said the prior planned residential development plan can be withdrawn.

Colver asked if there was any public comment.

Anthony Lauro, 1326 Wayne Street, said Mr. Santola has met with us at our properties and at a local church. Lauro said most of the residents are happy with the plan now. Lauro said we like the sloped roof versus the flat roof and we are happy they increased the buffer of two parcels of land.

Bill Dengler, 138 Glenmoor Circle, said he heard the cushion height requirement and asked if it is only for the apartments, not the town homes. Santola said correct.

Bruno noted there are issues regarding a voluntary traffic contribution and recreation fees that were never discussed with this Board. Bruno said the next step in the process is the pending zoning amendment and it should be a condition of the preliminary plan approval. Bruno said they will have to come back for final plan approval through the Planning Commission and the Board of Supervisors.

Colver asked if they had a time line for coming back with their final plan. Santola said about a month or two. We are waiting for answers from DEP regarding a wet or dry pond and then we will be working with Pidcock to tie it all together with Penndot. Santola said we know the recreation fees are an open item and we would leave it to you to have it addressed at the final stage. Santola said we feel with us having the clubhouse and park that it would have an impact on an agreeable fee. Bruno said it will run with the final approval at this point but it is not a resolved issue. Bruno said a conditional use hearing will also need to be held with their final application. Santola said they would like to be back in front of planning for their November meeting.

Lammi made a motion to approve the preliminary subdivision/land development plan with the following conditions: 1-applicant address the comments of the township engineer’s letter dated August 7, 2009 to the satisfaction of the township engineer; 2-satisfy the township departmental comments dated August 11, 2009; 3-receive approval of the proposed zoning ordinance text amendments; 4-receive approval of the proposed zoning map amendment; 5-receive approval of the conditional uses necessary for the development; 6-receive approval of the requested waivers listed below; 7-address the voluntary traffic contribution and recreation fee to the satisfaction of the Board of Supervisors and the applicant. The Board approved the following waivers: preliminary plan checklist item C.4 – approximate location of buildings or drainage channels within 200-feet of the boundaries of the tract; preliminary plan checklist item D.9 and D.10 – locations of individual mature trees of greater than 6-inches trunk diameter, other than within forested areas and tree lines, and locations of individual trees greater than 18-inches trunk diameter; 165-59.F(1) – right-of-way width and cartway width (within the private driveways 50-feet right-of-way and 26-foot cartway required, no right-of-way and 25-foot cartway provided); 165-59.F(3)(b) – length of vertical curve on a collector street; 165-59.F(3)(c) – length of vertical curve on a local street (within private driveways); 165-63.K(2)(d) – maximum depth of flow in the emergency spillway of 1-foot (2 feet proposed); 165-63.K(3) – maximum inside slope of an earthen detention basin embankment of 4:1 (3:1 provided);165-69.C(1) – requirement for sidewalks within street right-of-way (within the private driveway); and 165-75.A – requirement for curb along streets (within the driveway along the townhouse areas). The motion was seconded by Smith. Bruno recommended an amendment to the motion to include items three through six above are to be obtained by the Board of Supervisors; and approval is also conditioned upon the prior plan and pending zoning appeal related to this property being withdrawn. Lammi amended his motion, it was seconded by Smith, and agreed by all.

7. TOWNHOMES AT WILLIAMSON STREET REZONING REQUEST AND FINAL MAJOR SUBDIVISION PLAN REVIEW

INFORMATION

The Board needs to approve/disapprove the rezoning request and final major subdivision plan.

DISCUSSION

Bruno said there are two parts to this request. The final subdivision plan should be ruled upon first conditioned upon the zoning amendment request which is a rezoning request from MDR to HDR.

Attorney Steven Goudsouzian said monetary contributions were outlined in the preliminary approval for $1,400 per lot for recreation, $1,000 per lot as the voluntary traffic contribution, $1,000 per lot for storm water management and maintenance contribution and $500 per lot for perpetual maintenance contribution. Goudsouzian said we continue to agree to do all this. Goudsouzian questioned A3 in the township engineer’s letter regarding the storm sewer connection, stating they will make fixed payments. Dillman said that comment refers to us requesting detail of the storm sewer as to what happens to the pipe. Goudsouzian also stated a waiver and deferral were previously granted in April or May.

Colver asked for public comment.

Dominic Fimiano, 2011 Jones Street, said his daughter lives at 1240 Anna Marie Street. Fimiano said they cleaned out dirt in the easement between the properties three years ago and have done nothing with the property since. We don’t know what is going on. Colver said this plan has been on this Boards agenda several times and through the planning process. Fimiano said this is the first time we received a letter. No one knew what was going on in the past. Colver said adjoining properties would have been notified when it went through the zoning process. The planning commission and board of supervisor’s meetings are publicly advertised in the newspaper.

Tina Sottosanti, 1232 Anna Marie Street, said she has a petition from neighbors all opposed to this plan. Sottosanti said there are traffic issues and it will decrease our property values. Sottosanti said no amount of money they pay for traffic will help solve the traffic problem.

Dave Sullivan, 1205 Williamson Street, said he thought they would help correct the traffic problem. It’s a one way street and there are blind spots on both sides. Sullivan asked if they are going to correct the problem. Also, the storm drain problem is from Home Depot and he asked if they are going to correct that problem. Sullivan said $8,000 isn’t going to fix that problem. Colver said the item discussed on the agenda prior to this item is also committing to improve those water problems.

Anna Pursell, 1218 Williamson Street, said she had her van demolished twice on this street and it was parked in front of her house. They don’t care if it is a one way street. There are accidents at the corner of 25^th and Lieberman. My back yard is flooded when it rains. Putting more houses in won’t help these problems.

Dawn Mazzie, 1204 Williamson Street, said water has been a huge problem for years. You have two areas being developed that are going to add more water problems. If they only put money toward it – it is not going to help the water problem. Colver said Woodridge Falls is proposing a 5-acre detention basin to help stop that water. The flow is going to be considerably less than what is coming down there today. Mazzie said you are still adding more water to the situation. Colver said that is why the developers are being required to capture their water from their sites.

Warren Butler, 1210 Williamson Street, said he received a letter after the zoning hearing and he doesn’t understand half of it. Bruno asked what letter he was referring to. Butler said the Zoning Hearing Board letter of February 2007. Butler said back then they made it sound like they would build something for the water problem. Dominic Colangelo from Finelli Engineering reviewed the detention basin and plan for water flow on the proposed sites.

Brian Dillman, Township Engineer, said we are well aware of the problems on Anna Marie Street with the swale in the back yards. Dillman said the Woodridge Falls detention basin will control the water by putting it into the basin and then it will discharge into the pipe. Dillman said it has a huge impact on the flow rate of this area. Dillman said the basin behind the Home Depot captures the flow from about a 400 acre area and controls the release of that water.

Sottosanti said we feel the property values and the traffic are big issues for us.

Mazzie said we were told it would get better when Home Depot came in and it didn’t - it just put more water there. Colver said the Home Depot project did a lot in the area to help with water, traffic, etc. Colver said it didn’t do away with the water problem but it helped control it.

Tom Gutekunst, 1236 Anna Marie Street, said most of the folks on the petition could care less about the water. We have single family homes and now you are sticking eight affordable housing units in our neighborhood. What is it going to do to our property values? We are all paying taxes and now we are going to lose our suburban housing.

Dave Grucela, 1247 Anna Marie Street, said when he moved in he had one storm drain. Then the township put in another storm drain and now my front yard gets flooded a couple times a year. Grucela said he is concerned the township has under engineered the whole area.

Mitch Ricker, 1222 Williamson Street, said the increased traffic is dangerous and his car was already a casualty of that. This doesn’t belong here.

Colver asked the developer to show the audience what kind of houses they are proposing. Ed Melhem said they are going to sell for about $269,900. They are not necessarily low income homes they could go up to $300,000 per unit. Dawn asked about the parking issue. Goudsouzian said there will be one car garages and a driveway to hold more than one car.

Dave Sullivan said eight houses are just going to overcrowd that area. It isn’t solving the water or the traffic problem. Sullivan asked why it has to have eight houses on it why can’t it have less.

Lammi made a motion to approved the final major subdivision plan with the following conditions: the developer satisfy any outstanding conditions of the preliminary plan approval; address the comments of the township engineer’s letter dated September 4, 2009 to the satisfaction of the township engineer; satisfy any remaining township departmental comments dated September 8, 2009; dedicate the required right-of-way areas to the township following satisfactory completion of improvements; enter into an improvements agreement to the satisfaction of the township solicitor; submit financial security in a form acceptable to the township solicitor. The Board approved a deferral for the improvements along the Rizzolo frontage. Smith seconded the motion. Bruno recommended amending the motion to include conditioned on approval of the rezoning request; include the waiver request for improvements along 25^th Street and Lieberman Terrace; and dedication of the detention pond. Lammi amended the motion, it was seconded by Smith, and agreed by all.

Bruno said the second part of this item is the rezoning request from MDR to HDR. As required by ordinance it was advertised and residents were notified . Bruno noted that no direct notice is required for plan approval. It is given through public notice on the internet and at the township municipal building.

Lammi made a motion to change the zoning of the property from MDR to HDR. The motion was seconded by Mitchell, and agreed by all.

8. CHRIN COMMERCE CENTER IMPROVEMENTS SECURITY UPDATE

INFORMATION

The Board needs to approve/disapprove the increase in security amount and confirm the method of funding.

DISCUSSION

Planning director, Cyndie Carman said there is an agreement with Chrin Commerce Center and Palmer North Industrial transferring responsibility to the Chrin Commerce Center project for the intersection traffic signal improvements at Newlins Mill Road and Van Buren Road. Carman said the township engineer’s office made the necessary changes to the escrow which amounts to $185,000. Colver said Palmer North paid Chrin to do the work. Attorney Goudsouzian said there are no new requirements for more funds just changes to how it will be released.

On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved transferring the responsibility to the Chrin Commerce Center project and noting a new line item on their escrow release certification forms.

Bruno said he had two improvements agreements with him that were needed to make this all make sense. Chrin Commerce Center agreement provides for an increase to the developers obligation for road improvements and the amount of security kept in place until completed. On motion by Smith, seconded on Panella, and agreed by all, the Board authorized the Chairman to sign the agreement.

Bruno had an addendum to Palmer North Industrial taking away that responsibility and relieving them from the obligations. On motion by Panella, seconded by Smith, and agreed by all, the Board authorized the Chairman to sign the addendum to the land development improvements agreement for Palmer North Industrial.

9. THE ESTATES OF PENN’S GRANT IMPROVEMENTS SECURITY DISCUSSION

INFORMATION

The Board needs to approve/disapprove the security amount and confirm the method of funding.

DISCUSSION

Colver said we had a previous discussion about this when the Estates of Penn’s Grant received a letter asking for additional escrow. Dillman said Peg Dissinger wasn’t including everything that should have been included in her numbers. Her estimates don’t have prevailing wage and other things that we would look for. Dillman said this is to put the finished surface on the street. Dillman said normal policy recommends adding an increase of 10% per year. Colver asked that this information be sent to Ms. Dissinger and brought back to the Board at an October meeting.

10. ESTATES AT NORTHWOOD ESCROW RELEASE #3

INFORMATION

The Board needs to approve/disapprove the escrow release.

DISCUSSION

On motion by Lammi, seconded by Mitchell, and agreed by all, the Board approved escrow release #3 for the Estates at Northwood in the amount of $40,298.50.

11. PENNDOT WINTER TRAFFIC SERVICES AGREEMENT AND RESOLUTION

INFORMATION

A five year agreement between Palmer Township and Penndot to provide winter traffic services (snow plowing, etc.) for three state roads within the township is attached for your review. The three state roads are: Stones Crossing (between Freemansburg Avenue and William Penn Highway); Greenwood Avenue/Green Pond Road (between William Penn Highway and approximately Bethman Road); and Northwood Avenue/VanBuren Road (between Route 248 and Bushkill Creek). The state will reimburse the township approximately $4,580.23 per year for these winter traffic services. If acceptable, the agreement needs to be signed and the resolution executed.

DISCUSSION

On motion by Panella, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the Penndot Winter Traffic Services Agreement.

On motion by Lammi, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the Winter Traffic Services resolution.

12. TOWNSHIP ENGINEER CAPITAL PROJECTS UPDATE

INFORMATION

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

DISCUSSION

Dillman said there is negotiating going on with Met-Ed to have the poles moved. Dillman said we explained the project to them back in 2004. In January of this year we met with all utility companies and we laid out what we needed them to do and we had an agreement the work would be finished by June of this year. Met-Ed has been a concern since January. They don’t want to use private companies to do the work. They want to do the work themselves. In August they said they needed a copy of our HOP, we sent it on August 14^th and Met-Ed hasn’t done a thing since then. Dillman said Bob Anckaitis has been in touch with their regional manager. Now they say they can’t do it until December 15^th. We now asked them for information regarding subcontractors that they have approved to see if they can do the work before that date. Dillman said we are still collecting information on that. Dillman said the good thing is there will be no cost to the township - it will all be at Met-Ed’s expense.

Colver asked what the hold up is for the notice to proceed. Dillman said an insurance item still needs to be completed. Colver said he was told today by Chrin officials they are starting Thursday with the pipe work and he said the insurance issue was resolved.

Dillman said they delivered signed and sealed right-of-way plans for Greenwood Avenue today.

13. PUBLIC COMMENT

None

14. REPORTS

Solicitor

· Bruno had three litigation and one real estate item for executive session.

· Bruno had an extension request from Prologis requesting an extension until December 31, 2009. On motion by Lammi, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the extension request.

· Bruno had an extension request from Cabet the successor to Verus for Palmer North. They are requesting an extension until November 18, 2009. On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the extension request.

· Bruno had an indemnification agreement from Cabot for them to do a repair to a sinkhole without notifying our geotechnical engineer. Bruno said it indemnifies the township for up to $15,000 and they will pay the cost of inspections and establish a $25,000 escrow account. Lammi asked why we are inspecting on private property. Dillman said this one is in the detention basin as part of the public improvement. On motion by Smith, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the agreement.

· Bruno had an extension request from Easton Suburban Water authority for an extension of time until December 31, 2010, to record their plan, enter into a land development agreement and post security. On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the extension request.

· Bruno said National Penn Bank’s successor by merger to Keystone Nazareth Bank is requesting a two year extension of time until September 30, 2009, to record their plan, enter into a land development agreement and post security. Bruno noted approval should be conditioned on the applicant complying with all current storm water management regulations and ordinances in effect, any additional requirements imposed by Penndot regarding their highway occupancy permit application, and further agreeing to be bound by the provisions of Ordinance 2008-379 pertaining to improvements agreements and security release requests. On motion by Smith, seconded by Lammi, and agreed by all, the Board authorized the Chairman to sign the extension request with a condition that the applicant comply with all current storm water management regulations and ordinances in effect, any additional requirements imposed by Penndot regarding their highway occupancy permit application, and further agreeing to be bound by the provisions of Ordinance 2008-379 pertaining to improvements agreements and security release requests.

· Bruno had an extension request from Attorney Margle on behalf of CMC Development/Tuskes Homes for the Maple Shades Development, requesting an extension until March 1, 2010, to record their plan, enter into a subdivision improvements agreement and post security. On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the extension request.

· Bruno had an extension request from George Seiple and Sons requesting an extension until November 1, 2009, to record their plan, enter into a land development agreement and post security. On motion by Smith, seconded by Lammi, and agreed by all, the Board authorized the Chairman to sign the extension request.

· Bruno had an extension request from Mike Finelli requesting an extension until December 31, 2009, to record their plan, enter into a land development agreement and post security. On motion by Smith, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the extension request.

· Bruno had a letter from Robert Ciccone of Knob Hill notifying the township that final paving began on September 28, 2009 and all work should be completed by October 5, 2009. No action is required tonight. Carman said last year the gate company turned over all the information to the home owners association regarding getting the gates operational.

Township Manager

· Anckaitis said MaryEllen Gambutti sent him an email resigning from the Shade Tree Commission so he will work to have that position filled.

· Anckaitis said at our last meeting the Board indicated they would like Pidcock to do the inspections at Fox Run rather than the township staff. Anckaitis said he received an estimate from Pidcock that the cost would be $17,500. The Board agreed to have Pidcock do the inspections for $17,500.

· Anckaitis said the gentlemen from the Blue Easel would like a fourth sign at Stocker Mill Road and our ordinance says only three signs are permitted per business. Anckaitis said people can’t find him since he’s off the road. On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the fourth sign for the Blue Easel.

· Anckaitis said Duey Engineering is doing work for the Colonial Regional Unit. Duey sent us a letter asking if we would waive fees or reduce them. Anckaitis said we have to turn around and pay Base Engineering who does the inspections so he didn’t see how we could reduce the fees. The Board agreed there is no way we can waive or reduce the fees.

· Anckaitis said it appears the budget is going to be okay and we will have a healthy reserve. Anckaitis suggested we put the four police cars back in the budget for a cost of $100,728. The Board agreed.

Planning Director

· Carman said we received Forks Township’s Comprehensive Plan and she will provide comments back to them.

· Carman asked if there were any comments or concerns with the upcoming Zoning Hearing Board agenda. There were none.

Police Chief

· Fretz said there has been recent litigation regarding carrying open firearms. As long as it is in clear view you are permitted to carry the firearm. You only need a permit if the fire arm is concealed. Fretz said he would like to request that the solicitor check into the private property versus public property regulations to see if we need to put something in our ordinance. Mitchell asked if we can overrule the state. Fretz said as long as we are on our property.

· Fretz said the Board is aware that we have a relationship with East Stroudsburg University as far as having student interns in the department. Fretz said last week he and Lieutenant Trinchere made a presentation to their criminal justice class.

Supervisors

· Lammi said a few weeks ago he took pictures of the wall at Chain Dam (he showed the photos to the Board) where there was a lot of graffiti. Lammi said it got cleaned up fast. Lammi said he would like a letter sent to Mayor Panto thanking them for cleaning it up so fast.

· Lammi had one personnel item for executive session.

· Colver said last night was the first reading of fire department bi-laws with 18 or 20 guys in attendance. Colver said it requires three readings and the other two dates will be October 19^th and 26^th.

· Colver said the fire department open house is scheduled for October 5^th and he asked that the Board members stop in prior to our meeting.

· Colver said he heard the community center driveway was discussed last week when he was absent and in the future he would like to be a part of those discussions.

On motion by Panella, seconded by Smith, and agreed by all, the meeting was adjourned at 10:55 p.m. with three litigation, one real estate and one personnel item for executive session.

Respectfully submitted,

Robert G. Anckaitis

Township Manager