Present: ---- Councilwoman Hayden, Councilmen Atkinson, Dreisbach, Kovacs, Paulus; J. Jackson Eaton, III, Esquire; ----------------------- Frederick W. Haye, P. E.; Vicky Roth

It should be noted for the record that Councilwoman Hayden attended the meeting via telephone conference as a result of a disability, which does not permit her attendance in person.

Absent: ---- Frederick W. Hay, P.E

Attendance: 1

Courtesy of the Floor: None

Approval of Minutes: ------ June 4, 2008, Regular Meeting

Motion: --- I move we waive the reading of the Minutes of the June 4, 2008 Regular Council Meeting and accept same as presented.

Paulus, Hayden: 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 had no oral report at this time. However, questioning occurred initiated by Councilman Atkinson regarding the fact that the resident on Pennsylvania Avenue with the inflatable pool has the pool in place. The Township Manager advised that a permit has been applied for and the Building Inspector will be doing an inspection to issue a new Certificate of Occupancy for the pool. Mrs. Pudliner indicated that as Council will recall since that type of pool needs to maintain its solidity so that young children cannot enter same the Building Inspector has required yearly inspections to be made. Additionally, as Council will recall a condition for the permit will be the removal of the stairs when the pool is not in use.

Councilman Kovacs questioned the statement of actual and estimated revenue report provided to the Board. In particular, he questioned the category for surplus funds which showed revenue to date of $621,103.42. The Township Manager advised Councilman Kovacs that since the Township has the new software, all the figures were brought over from the old system and that she was of the opinion that this was an error. The computer company will be contacted regarding this matter. There was also discussion with respect to the resident at 2732 Diane Blvd. who has received notification regarding a violation of Ordinance No. 431 which limits the number of animals kept in a home to six. The Township Manager advised that this individual has contacted her regarding an extension of 10 days to remove the animals from the premises. After that time, an inspection will be made to insure compliance. Councilman Atkinson also brought to the Board’s attention his concern over the property owner on Pennsylvania Avenue with the pool issue previously discussed regarding the fact that although the Troxell Street Area Garage Sale was held over nearly a month ago that resident still has a table in the front of the property with various items and a sign indicating that they are for sale and has not removed same through the rain, etc. He questioned the Township Attorney as to whether this would qualify as a home business. The Township Attorney indicated that he would look into this matter.

2. Ryan Christman

1.) With respect to the Race Street/Willowbrook Rd. Signal Light Project, Mr. Christman advised Council they are currently working on the specs and the right-of-way acquisition is in the final stages. He noted that PPL is waiting for John Krapf, the owner of one of the properties to provide them with permission to move the telephone poles on his property. Mr. Christman indicated that the PPL time frame is maybe three to four weeks after receipt of final right-of-way. Councilwoman Hayden questioned whether or not the light will be in place by the end of the summer. Mr. Christman indicated that he felt that time frame was stretching it too thin. The Township Manager noted that she would give Mr. Kraft a phone call to determine why the PPL documentation has not been returned to PPL.

2.) Upon questioning by Councilman Atkinson, Mr. Christman advised that the shopping center project is moving forward and that the Target and Sam’s Club pads have been delivered. They are finishing some of the storm sewer. Middle Lloyd Street work is pretty far along and that should be accomplished within one week or so. Councilman Dreisbach questioned whether or not there is still sanitary sewer construction going on and Mr. Christman noted that at the present time there is not. The main is in and the only work necessary would be work to bring the sewer to the various pads. Mr. Christman noted they are putting in a little inlet by Mr. Feskanin’s house where the road floods. The Township Manager indicated she has become aware of a problem with the BJ’s Wholesale Club, wherein an easement is required for the traffic work. The contractor for Airport Associates has indicated that the paperwork has been turned over to an attorney and that although all the other necessary permissions have been granted they have not heard anything from BJs. The Township Manager questioned whether or not the Township Attorney or the Developer’s Attorney should be in contact with counsel for BJs to determine the status of that matter. Attorney Eaton indicated that first the Developer’s Attorney should become involved and then if requested, the Township could become involved.

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

1.) With respect to the shopping center project, Attorney Eaton noted that there have been reduction requests with respect to the Letter of Credit, but there still have not been approvals for those from Target. In addition, Attorney Eaton noted that there was an error in the Five Party Agreement which affects the other parties and not the Township because it referred to a requirement for a release as noted in a certain section which was not there. It was determined that it really was referring to a different section. The Township Attorney advised that initially requests go to Target and that Target has 30 days for approval. If Target does not do anything then the bank becomes involved and then a certain process follows thereafter. In that regard, I have provided Council with a copy of the First Amendment to the Five Party Agreement dated April 21, 2008 and would request a motion with respect to Township’s acceptance of same. In that regard, the Board made the following motion:

Motion: --- I move that the Township approves the First Amendment to the Five Party Agreement dated April 21, 2008 as presented.

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

2.) The Township Attorney advised that on Friday he received revised deed descriptions for two of the properties on Willowbrook Rd. where a right-of-way is required for the Race St./Willowbrook Rd. Signal Light Project. In that regard, we have sent out notification to one of the property owners, a copy of which has been provided to the Board. The Township Attorney has noted that he has spoken to Mr. Brosky of CTS Properties to determine who the parties were with respect to providing the right-of-way. Documentation for that right-of-way will go out to CTS shortly. Attorney Eaton noted that he will need to get in touch with Qualex to determine who the contact person is and then that documentation will go out. The Township Manager advised that she would attempt to determine the proper individual at Qualex who should be contacted and provide that information to the Township Attorney. The Township Manager questioned whether or not anything has been sent out to the only residential property owner from whom right-of-way is required for the project. The Township Attorney advised that correspondence will go out shortly.

4. Maintenance Report (Written)

5. Fire Company Report (Written)

6. Code Enforcement Officer's Report (Written)

7. Building Inspector's Report (Written)

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.

Councilman Atkinson noted that he has seen the screening placed on the Canal path and around the lake area and thinks it is a good job. He did question the screening around the lake if the lake is to be dredged, etc. The Township Manager advised that Public Works had spoken to the Township Engineer prior to doing the work and apparently there was no problem doing that area. Councilman Dreisbach questioned the Code Enforcement Officer’s Report with respect to a vehicle that was parked on Hoover and Troxell on the 20th, 23rd and 24th of the month in that he wondered if it was the same vehicle. The Township Manager indicated she did not know but she could look into that matter. There was some discussion with respect to a dumpster problem at the Japanese Restaurant located in Valley Plaza Shopping Center. It was noted that a hose that was hooked up into the drain from the dumpster was removed per the request of the Township Engineer. It was also noted that the dumpster is set up on blocks at one end to allow drainage and Council questioned what the drainage was. The Township Manager indicated she would look into that matter. There was also discussion with respect to the Carmike Cinemas property. The Township Manager advised that in the near future citations will be going out for violation of the Township’s Weed Ordinance. The Carmike manager had called the Township Manager indicating that the grass would be cut but based on the telephone conversation of this date with a resident, Mrs. Pudliner noted that she didn’t think that has been accomplished. There is also an issue with respect to dead trees in the same area of the property. The Township Manager noted that the district manager of Carmike had called her some time ago indicating that in addition to the grass cutting they would be removing all dead trees in that area abutting the residential development. The Township Attorney was questioned as to whether or not the Township could remove the dead trees and Attorney Eaton advised that the Township can only take action if there is a safety matter involved. In any event the issue with the Carmike Cinemas property would be addressed by way of citations. The Township Manager indicated that she may contact the owner of the property in Texas to determine whether or not they would consider deeding the property adjacent to the berm and abutting the yards of the residential development to the residents. Councilwoman Hayden questioned whether or not consideration has been given to placing security cameras in the parks. The Township Manager noted that Canal Park already has the surveillance equipment and the Township may look at doing so in Sherwood Park and Chestnut Grove Park.

8. Treasure's Report (Written)

Motion: --- I move we accept the computer printouts dated June 18, 2008, for the General Fund Account, Capital Reserve Account, Escrow Account, Liquid Fuels Account, Sewer Account and Water Account subject to audit.

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

Unfinished Business: None

Payment of the Bills

Motion: --- I move Council authorize payment of Payroll (05/30/2008); Payroll (06/13/2008); Voucher Nos. 15818-15819 (05/30/08 Prepaids), Voucher Nos. 15820-15821 (06/18/08 Prepaids), Voucher Nos. 15822-15872, from the General Fund Account in the amount of $591,961.68; Voucher Nos. 43 from the Liquid Fuels Account in the amount of $6,066.16; Voucher No. 605 from the Distribution Account in the amount of $30,900.88; Voucher Nos. 3468-3474 from Capital Reserve in the amount of $12,019.08; Voucher Nos. 3220-3223 (05/30/08 Prepaids), Voucher Nos. 3224-3242 (06/18/08 Prepaids), Voucher Nos. 3243-3247 from Escrow Account in the amount of $74,056.46; Voucher Nos. 3424-3428 from the Water Account in the amount of $222.87; Voucher Nos. 4309-4318 from the Sewer Account in the amount of $4,414.86 for a Grand Total Expenditure of $719,614.99.

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

The Township Manager noted that there has been considerable funding from the General Fund to the Capital account and that there has not been an expenditure of funds for same, but merely a transfer of revenues.

Courtesy of the Floor: None

Adjournment:

The meeting was adjourned at 8:10 P.M.

Respectfully submitted,

Sandra A. Pudliner
Township Manager

 

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