Attendance: ---------- 2

Courtesy of the Floor:

Mr. Stephen Seier of 1804 Tacoma Street appeared before the Board at this time. He noted that as Council will recall he had been before them before with his concerns regarding noise and traffic at the U.S. Foodservice facility in the Township. He indicated that for several years there had been problems with noise and that he had worked with the Township Engineer to make sure that there was compliance with the requirements of the Township. Mr. Seier indicated that the problems with the U.S. Foodservice facility have subsided. He noted that the root cause of the problem with sound was the low notes. When you magnify the sound with enough trucks, the noise emanated goes through everything. He advised the Board that the new addition he put on his home has a bedroom in it, which is his bedroom and is situated in such a location that he hears everything. However, Mr. Seier advised that he is here with respect to a problem that he has noticed over the last several months regarding truck traffic late at night and early in the morning. He advised the Board that trucks come along Hoover Avenue and stop. They discover that it is a dead end. He noted that he contacted the Township Manager and that U.S. Foodservice and Primo Produce have been contacted. However, the problem is still going on. Mr. Seier indicated that the other week he happened to be home and a tractor-trailer came around the corner and parked. The gentleman asked for directions. He was foreign and indicated to me that these were the directions he was given. They were directions from Primo Produce. After the man left, Mr. Seier advised the Board that he contacted Primo Produce by phone. One of the owners called him back and I advised him that the truck driver indicated that these were the directions given to him. The individual from Primo was aware of notice from the Township regarding the problem and was also aware of the problem with Map Quest. Mr. Seier presented the Board with information showing the location as depicted on Map Quest. Primo’s representative indicated that they have contacted Map Quest and have been told that there is nothing that could be done. Mr. Seier advised Council he also contacted Map Quest and they indicated that they could send him a form to fill out. Mr. Seier acknowledged that he is now aware that the Township Manager has made a request to Map Quest in writing regarding this matter. Mr. Seier indicated to Council that it is his understanding that Primo contracts with a broker and then the broker farms the deliveries to independent contractors. In an attempt to solve these problems, Mr. Seier advised Council that one of the options would be to rename Hoover Avenue. Mr. Seier also suggested that since he has been advised that Primo may be moving to another facility perhaps the fastest solution is to have the address of Primo’s current facility changed.

The Township Manager advised the Board that she has been in contact with Primo Produce and as Council will note she has corresponded with Map Quest requesting a change regarding Primo’s location. With respect to changing the street address of Primo within the Township, the Township Manager noted that she is fairly certain that the Township could accomplish that, but that in discussions with the representative from Primo they indicated that they prefer if the Township would consider changing the address at the same time as they open their new facility which is October of 2008. That facility will be in LVIP VII and will be an additional facility. They will maintain their current facility on Hoover Avenue. However, from an economical point of view it would be better for Primo if everything would be handled at the time of the new facility opening. However, the Township Manager advised that whatever Council determines should be done, would be accomplished.

Mr. Seier also brought to the Board’s attention a noise issue from a resident of the Hidden Village Apartment complex. He noted there is an individual with a truck that is parking on what he believes is the Township road and has been doing so for the last two months. The gentleman parks his truck and at 6:00 A.M. starts his truck and leaves it running for one-half an hour. He noted to the Board that he has discussed this matter with the Township Manager. Mr. Seier also indicated that he has contacted the Manager of Hidden Village Apartments. The Hidden Village Apartment Manager advised that she had spoken to the individual and indicated he could not park there. Now Mr. Seier indicated the gentleman is parking the truck at the dead end on Hoover Avenue. Chairman Paulus noted that if the gentleman is parking on the dead end street then the Township has some authority. There was a discussion with respect to the Township’s authority for parking the vehicle on the roadway and it was noted in reviewing the Township Code, that Hoover Avenue has no parking on both sides of the road and therefore the gentleman would be in violation if parking this vehicle on the roadway. There was also discussion with respect to the idling of the vehicle and that if same is not over the decibel limit then there was nothing the Township could do. Mr. Seier advised that this gentleman is constantly running stop signs on the Township streets anywhere between 6:45 – 7:00 A.M. as well as 5:00 – 5:30 P.M. In resolution of this matter, the Township Council directed the Township Manager to ticket the individual for parking on Hoover Avenue and also contact the State Police in the hopes that they can enforce the violations with respect to the stop signs. With respect to the matter involving Primo, the Township Manager was directed to contact Primo and indicate that if these issues are not worked out with respect to directions to their facility, the Township will consider changing their street address. Council also felt that the Township would wait to see if there was a response from Map Quest to the recent request of the Township Manager regarding this matter.

Mr. Joseph Feskanin of 1680 N. Irving Street extended his greetings to the Board and in particular advised Councilwoman Hayden that he hopes she has a better New Year to come. Mr. Feskanin advised Council that he woke up on the day after Christmas and noticed fencing across the street for the proposed new shopping center. He indicated he woke up the day after New Year’s and noticed heavy earth moving equipment. He indicated to the Board that he is now aware that the commencement of a very major project for the shopping center development is occurring and questioned whether any of Council has visited the site. Councilman Dreisbach indicated he has viewed the site. Councilman Atkinson also indicated his awareness of the earth moving operations. Mr. Feskanin advised that there is lots of heavy equipment in that area and it looks like a lumbering operation. He advised the Board that his major concern is that the work be done properly and that this project moves forward in that fashion. He advised the Board that over the last two weeks he has developed some concerns. He questioned the Board as to who is monitoring the project. He noted that the Township Engineer had advised him to let this matter up to the professionals. Mr. Feskanin presented to the Board some photos, which he noted are the first in a series of photos, which he will be taking as the work progresses. He felt that there may be a lack of supervision on the project and that there are probably some safety violations occurring. He drew the Board’s attention to a picture of a front-end loader and a bulldozer operating directly over a gas line. He indicated the operator of the machine was unaware of the fact that there was a gas line underneath. He advised the Board that there are no pylons along the edge of the road where there is a drop of several feet at that point. He advised the Board that they have created a main entrance for the construction site and that they are using the lower end of Allendale Apartments as an exit for either the lumbering operation or the removal of other debris from the property. However, Mr. Feskanin noted there is no traffic control down there. Councilman Atkinson questioned whether they are coming out next to the culvert and Mr. Feskanin said that they are. Mr. Feskanin noted that he has a whole sequence of pictures and will continue to do so and that he had spoken to the Township Clerk and viewed the latest drawing. He noted that there are 36 items that have to be satisfied. Reiterating from what he noticed on the drawings, Mr. Feskanin indicated that there was a note that indicated that there are three buildings that will be torn down and removed, but those buildings are still there. Another condition referenced the septic tank systems were to be capped. Mr. Feskanin felt that he would request a schedule from the Township Engineer with respect to the detention pond development. Mr. Feskanin advised Council that he would like to know what the next sequential steps are for this planned development. He noted that it appears the emphasis presently is on the road structure. He noted there are very little retaining structures for the soil, which will be coming done. Mr. Feskanin also questioned why the Township could not post on its website the progress of this development as it continues on. Councilman Kovacs indicated that he felt that the Township Engineer should contact Mr. Feskanin and meet with him regarding this project. Councilman Atkinson noted that he didn’t see a good system of sedimentation curtains. In conclusion of these discussions, it was noted that the Township Manager will direct the Township Engineer to contact Mr. Feskanin to review these matters with him.

Approval of Minutes: December 28, 2007 - End of Year Meeting

Motion: I move we waive the reading of the Minutes of the December 28, 2007 Special Council Meeting and accept same as presented.

Paulus, Kovacs: Moved and Seconded
Atkinson, Dreisbach, Hayden, Kovacs, Paulus: ------- Aye ------- Unan.

Reports:

1. Sandra A. Pudliner
Township Manager

The Township Manager advised the Board that she has been contacted by the engineering firm for Airport Center with respect to the Township’s consideration of a reduction in the required 10% construction escrow amount to be posted with the Township prior to the finalization of the developer’s agreement. This escrow account is used to pay the cost of the Township during the construction including inspection and legal fees. As Council will recall, the Township Manager noted that with respect to the Lucent development, the 10% escrow required was reduced to 5%. The Airport Center developers are requesting that the Township consider a reduction from the usual 10% to an amount equal to 2.5% of the estimated construction costs or $400,000. Additionally, the developer would agree to a requirement to replenish the escrow amount back to the original amount whenever the account would fall below $240,000. Council discussed this matter at length. Councilwoman Hayden expressed her concerns regarding the granting of this reduction in light of the fact that the Township could end up in a situation where there was insufficient security should the development fail. She felt that in the case of Lucent, the Township was dealing with a national corporation. Councilwoman Hayden also felt that the Township Engineer might be overstepping his authority by coming to the Board and that the developer should approach the Board regarding such matters. It was noted that it appeared that in the case of Lucent, the Township Engineer had brought that matter to the Board’s attention with respect to any reduction requested by Lucent. In any event, Council as a whole felt that the 5% requirement should stay in place and if the developer wished to negotiate that they should appear before Council regarding that issue.

2. Frederick W. Hay, P.E.
Township Engineer

The Township Engineer was not in attendance at the meeting and no report was offered at this time.

3. J. Jackson Eaton, III, Esquire
Township Attorney

The Township Attorney was not in attendance at the meeting and no report was offered at this time.

4. Maintenance Report (Written)

5. Fire Company’s Report (Written)

6. Code Enforcement Officer’s Report (Written)

7. Building Inspector’s Report

Chairman Paulus acknowledged receipt of a written Maintenance Report, written Fire Company Report, written Code Enforcement Officers’ Reports and written Building Inspector’s Report and same were noted for the record. With respect to the Code Enforcement Officers’ Report of Robin Yoder, it was noted that the Code Enforcement Officer had to request tractor-trailers from U.S. Foodservice to move from the Carmike Cinemas property. The Township Manager noted to the Board that at a prior meeting this was discussed and the Township Attorney indicated that he would look into an ordinance to allow the Township to enforce a citation against vehicles parked on private property. The Township Council directed the Township Manager to check on the status of this matter with the Township Attorney.

8. Treasurer’s Report

Motion: --- I move we accept the computer printouts dated January 11, 2008, for the General Fund Account, Capital Reserve Account, Escrow Account, Liquid Fuels Account, Sewer Account and Water Account subject to audit.

Paulus, Dreisbach: Moved and Seconded
Atkinson, Dreisbach, Hayden, Kovacs, Paulus: ------- Aye ------- Unan.

Unfinished Business: NONE

New Business:

Councilwoman Hayden questioned the increase in Keystone Consulting Engineers fee schedule for 2008. The Township Manager noted that there is usually a minor increase on a yearly basis. With respect to this issue, it was also noted that the Township Attorney has indicated that his fees will also increase, but that figure is unknown at this time. Council directed the Township Manager to secure that information from the Township Attorney.

Councilman Kovacs commented that he has driven Pennsylvania Avenue and feels that repaving could wait until 2009. The rest of the Board agreed with Mr. Kovac’s assessment but the Board felt that the repaving should not be delayed until the year 2010.

Payment of Bills:

Motion: --- I move Council authorize payment of Payroll (12/28/07); Payroll (1/11/07); Voucher Nos. 13134-13139 (Prepaids), Voucher Nos. 13140-13171, from the General Fund Account in the amount of $58,631.95; Voucher Nos. 34-36 from the Liquid Fuels Account in the amount of $5,377.94; Voucher Nos. 1760 (Prepaids), Voucher Nos. 1761-1765 from Escrow Account in the amount of $16,011.00; Voucher Nos. 1814-1820 from the Water Account in the amount of $186.32; Voucher Nos. 2965-2970 from the Sewer Account in the amount of $901.33 for a Grand Total Expenditure of $81,108.54.

Paulus, Kovacs: Moved and Seconded
Atkinson, Dreisbach, Hayden, Kovacs, Paulus: ------- Aye ------- Unan.

Courtesy of the Floor: NONE

Adjournment:

The meeting was adjourned at 8:50 P.M.