BOS 6-10-09 by fjhuangjun


									                         Williams Township Board of Supervisors
                                     June 10, 2009

       The monthly meeting of the Williams Township Board of Supervisors, 655 Cider Press
Road, Easton, PA 18042 was held on the above date and called to order at 7:00 p.m. by
Chairperson Sally Hixson. Sally led the audience in the pledge to the flag. Others present
were Supervisor Fred Mebus, Supervisor Robert Doerr, Township Solicitor Brian Monahan,
Township Engineer David Harte, Township Manager Deborah Patterson, Acting Township
Public Works Director William Hughes, Zoning Officer Richard Adams and Township
Secretary Melody Ashmore.

Sally announced that there were no executive sessions held.

Sally asked the Board if they had any corrections they would like made to the Minutes of
May 13, 2009. Fred stated that on page 6 Jennifer Petrozzo’s name is spelled wrong as well
as HMA. Sally asked for a motion to approve the minutes of May 13, 2009. Bob made a
motion to approve the minutes of May 13, 2009 with corrections that were stated, second by
Fred. Sally asked for audience comments. Audience comments were heard from: Jennifer
Petrozzo asked if they would take into consideration having the minutes done in
chronological order. Brian stated that the Township Secretary is preparing the minutes in
accordance with the second class township code. Sally thanked her for her remarks and
stated that we will continue to prepare the minutes as we have been. Kathy Lilley asked why
the answers to questions at a meeting are not always reflected in the minutes. Sally stated it
is a matter of keeping the minutes short rather then having them run on. Motion carried 3-


       Debbie read before the Board for approval the following expenses: General Fund
Expenses $152,223.10; Subdivision Expenses $4,468.50; Sewer Enforcement Expenses
$487.50; Sewer Expenses $4,176.13; Driveway Escrow Releases $566.00; and Veterans
Memorial Day Expenses $45.00. Sally asked the Board if they had any questions with regard
to the Expense Report or the Bills. Fred asked what the MacMillian bill was for. It was stated
that was for the Public Works Building. Also, asked if we need to have Ehrlich come out on a
regular basis as well as reviewing the contract with Tru Green to determine if we need them
to come out as much. Sally asked for a motion. Fred made a motion to approve the Expense
Report of June 10, 2009 and the bills as presented, second by Bob. Sally asked for audience
comments. There being none, motion carried 3-0.


Debbie stated that she has received a proposal from Barry Mumaw for a sign for the Public
Works building at a cost of $1,480.00 with no installation cost as Public Works will be
installing said sign. The sign will be similar to the Fire Company’s which is located above
their door. After a brief discussion, Sally asked for a motion. Bob made a motion to direct
the Township Manager to hire Barry Mumaw to construct the sign for the Public Works
Building for a total cost of $1,480.00, second by Fred. Sally asked for audience comments.
There being none, motion carried 3-0.

Debbie stated she received an email from Polytek Corp. regarding people parking on both
sides of Belmont Street and creating a traffic hazard. They have asked for the Township to
install no parking signs along the Street. After a short discussion regarding parking,
installing no parking signs and enforcement as well as it being a safety issue, it was agreed
to have Brian prepare an Ordinance. Sally asked for a motion. Fred made a motion to have
Brian draft an Ordinance for the Board’s review, to prohibit parking on both sides of
Belmont Street between Morgan Hill Road and Industrial Drive, second by Bob. Sally asked
for audience comments. Audience comments were heard from: Pete Andressen asked if
there are specific Ordinances for no parking in the Township? Dave stated that he is not
sure. Motion carried 3-0.

Debbie stated a letter was received from Fred Reddig, Executive Director of the PA
Department of Community and Economic Development regarding the Letter of Intent for the
Landfill Business Privilege Tax that the Township submitted. It is their recommendation that
the Township consults with its appointed Solicitor and contracted Legal Counsel on the
disposition of this legal issue as it is beyond the scope of the policy of the Letter of Intent

Debbie stated to the Board that she will be attending a demonstration as well as Rich, related
to software and aerial imagery data package regarding the GIS system to be held at the
Northampton County Court House. Sally stated that she is not ready to make a decision on
the GIS system at this time and asked Debbie to gather information from the demonstration
and share it with the Board.

Debbie stated she attended the Glendon Borough Council meeting along with Dave Woglom
of Lafayette College, Debra Ross Manager of Freemansburg, Karen Lohrman Manager of
Wilson Borough and made a presentation on the Multi-Municipal Comprehensive Plan. They
also attended the West Easton Council Meeting. As the process moves forward an update
will be given.

Debbie stated that Act 32, collection of the County Wide Earned Income Tax Collection will
be going into effect with full implementation January 1, 2012. There will be a County Wide
meeting on October 26, 2009 and it is the responsibility of the municipality to appoint a
representative to the Tax Collection Committee. Debbie further stated that a meeting
through the Northampton County Association has been scheduled for Friday with the School
Districts and a couple municipalities to determine a strategy regarding who will collect
taxes, what the municipality would like to see as far as reports and money being distributed.
Debbie recommended to the Board that they consider appointing her as the representative
for Williams Township. Sally asked for a motion to appoint Debbie, Township Manager as
the representative for Williams Township to the Act 32 committee. Bob made the motion,
second by Fred. Sally asked for audience comments. There being none, motion carried 3-0.

Debbie read a Thank You Card that was received from the Memorial Committee thanking the
staff for their efforts and participation during the Veterans Day Ceremony. Debbie stated
that the ceremony was well attended.

Debbie stated that Mr. McGowan has complained about people parking on his property
during the baseball games at the Raubsville Park. After a brief discussion, it was suggested
that the Athletic Association take on the responsibility of notifying the coaches regarding
the parking situation. Sally asked that our Recreation Board be notified as well as sending a

Debbie stated Anvil Craft left a message regarding the standing water on Belmont Street.
The water issue has been discussed before as well as having the Township fix the problem

by entering Richard Smith’s property. Debbie recommended that this project be contracted
out. The water on Belmont Street has no where to drain and Dave Harte stated that it has
been an issue for many years. The Township installed a French drain several years ago.
After a brief discussion, it was recommended by Dave that we put the project out to bid and
get prices from contractors. Sally asked for a motion to have Dave Harte, Township Engineer
contact contractors to get prices for the project. Bob made the motion, second by Fred.
Sally asked for audience comments. There being none, motion carried 3-0.

Public Works Department - Will read the public works report for May 14, 2009 to June 10,
       It was asked by Fred who owns the retention pond on Fred's Court. Debbie stated
that the Township owns that.

Zoning Office Report - Rich read his report for the month of May, 2009.

Rich stated that Brian no longer needs to prepare a court order for Mr. Losey’s property.
The Bureau of Dams, County Conservation and the Army Core of Engineers had Mr. Losey
remove the dam that was over 15 feet in height. That safety issue has been removed and the
Cease and Desist has been lifted.

Planning Commission Report – Terry Lee stated that the Planning Commission has one
recommendation for the Board’s approval. Terry also stated that the Planning Commission
recommended approval of the special exception for the Temple at the old Crivellaro Cheese
Factory and passed that on to the Zoning Hearing Board.

       1. Estate of Maria Biasini - Preliminary/Final Minor Subdivision-Berger Road –
RESOLUTION 2009-12 – Lou Ferrone, the estate’s Engineer appeared before the Board. It
was asked if monies were paid to Joe Black, Sewage Enforcement Officer for perc tests and
Mr. Ferrone stated that on December 2, 2008 $1,500.00 was paid to the Township. Brian
stated that since it is not a new building lot, we can strike the Recreation Fee in 1(b) and the
Emergency Services Fee 1(c). Dave Harte stated that if they were to build on that lot then the
Recreation and Emergency Fees will be enforced. Sally asked for a motion to approve
Resolution 2009-12 Estate of Maria Biasini Preliminary/Final Minor Subdivision, Berger Road.
Fred made the motion, second by Bob. Sally asked for audience comments. There being
none, motion carried 3-0.

Land Preservation Board – Jerry Steele gave the Land Preservation Report of May 18, 2009.
Jerry stated that the Dreisbach property was presented to the Advisory Board in May but
there were some questions regarding property scoring. It was agreed at that meeting that
more information needed to be provided to the Board for them to address an opinion on
June 11, 2009. Next month’s meeting will be held on June 15, 2009.

Recreation Board Report – Bobbi Lytle asked for the Board’s approval of funds for
Community Day for a Clown, Math Band, Cartoonist and Zookeepers Band for a total cost of
$1,823.00. It was stated that those funds will come out of Recreation. Bobbi also asked if
the Public Works Department would be available to help that day. Sally asked for a motion.
Bob made a motion to approve Jolly Holly the Clown, 1 + 2 Math Band, Gene Mater’s
Caricatures and the Zookeepers band for a total cost of $1,823.00, second by Fred. Sally
asked for audience comments. There being none, motion carried 3-0. A discussion took
place regarding Miller Blood Bank having access to the community building for Community
Day. It was stated that would not be a problem. Fred stated the Bucks County Herald and
the Nazareth Community Key are both free papers for advertising. Sally asked for Bobbi to

provide information for the Township Website regarding entertainers that will be there.
       Dot Hagenbach spoke about the grant that was received from Northampton County
for the Raubsville Park and the life stations that will be handicap accessible at the Municipal
Park. There will also be a small sand box installed at the Raubsville Park. The total price is
$162,185.00 and the Township will be responsible for 50% or approximately $87,000.00.
Debbie stated that the Township may be purchasing the entire amount until we are
reimbursed by the County in 2010 when the funds are available. Bob asked if we have the
money in the recreation budget. Sally asked if there is enough to fund the summer program.
It was stated that they have enough to fund both. Sally stated that Raubsville Park needs a
complete overhaul and the life trail is an excellent idea. Sally asked for a motion. Bob made
a motion that we approve the improvements for Raubsville Park and Williams Township
Municipal Park in the sum of $162,185.00 as predicated upon a 50-50 split with the County
in 2010. Sally asked for audience comments. Audience comments were heard from: Josh
Weinstein expressed concern as to whether the life stations would be used and would rather
see the money put towards the kids. Pete Andressen agreed with Josh Weinstein and was
curious as to whether the life stations at Meuser Park are utilized. Alisa Baratta asked if the
money from the County is coming from Open Space Funds. Terry Lee has reservations as to
whether the life stations would be utilized. George Washburn asked what exercises take
place at each life station. Motion carried 2-1. Fred opposed.

It was stated that Movies in the Park will take place on July 18, 2009 and on August 15,
2009. Ray stated that the Home Run Derby has about 30 participants.

Engineers Report

1.     Chrin Inspection Report – Dave stated there were a few odor complaints and the DEP
monthly status meeting was held on May 26, 2009. Jennifer Petrozzo stated there was an
incident where foam was coming out of a sewer line on Hilton Street and wanted to know if
that was discussed at the Engineers Monthly Meeting as Chrin was to take samplings. She
stated that she feels there is a breach in the liner. Debbie stated she heard the foam was
possibly a yeast factor and was not sure whether it was coming from the Interstate Market.
George Washburn stated that it is an indication that the liner is leaching. Kathy Lilley stated
that the foam is made up of a sticky liquid and a gas and the levels of methane that were
measured in that foam was very low. She also stated that DEP Executive Director, Gary
Greenfield was disappointed that they did not take a sample.
2.     Island Park Estates – Dave stated that they have completed their 18 month
maintenance period and the bond in the amount of $23,522.96 is ready to be released. Sally
asked for a motion. Bob made the motion to authorize the release of the bond in the
amount of $23,522.96, second by Fred. Sally asked for audience comments. There being
none, motion carried 3-0.
3.     Public Works Building – Dave recommend the Board have a meeting with Uhrig
Construction to negotiate the final payment for the close out of the construction for this
project. As of the last Draw Release #18 the balance to complete including retainage was
$218,717.38. $170,000.00 plus is retainage that is being held. Bob stated that they will have
time to complete the outstanding items. Fred asked when this is all done what guarantee
will the Township have. Dave stated the Township get a Maintenance Bond from the
contractor. Sally asked for a motion. Fred made a motion to release up to the final amount
of $218,717.38 and the Township receiving a Maintenance Bond, second by Bob. Sally asked
for audience comments. Audience comments were heard from: Ron Heinrich asked if the
Township is still holding bond money. Dave Harte stated that yes and as the work is
completed we will be get the contractor paid and he will replace that with a Maintenance
Bond. Mr. Heinrich also asked if there was still landscaping that needed to be done and if it

included a berm between his property and the bank. Bob stated that is not in the contract
and is for the Township to complete. Fred stated the retention pond is not drained and that
will be taken care of. George Washburn asked if part of the contract was not getting rid of
the dirt. Motion carried 3-0.

Solicitors Report – Brian stated that in the matter of Michael Radogna v. Williams Township,
Richard Adams, Brian Monahan, Williams Township Board of Supervisors, Sally Hixson,
Robert Doerr and Fred Mebus, the matter is pending in the United States Court of Appeals
for the Third Circuit. We received a Court Order from U.S. Court of Appeals Circuit Judges
Barry, Smith and Garth dismissing Mr. Radogna’s appeal assessing costs to him and denying
his motion for sanctions. Mr. Radogna has 90 days to appeal in the United States Supreme
       In the matter of Crown Atlantic Company, LLC v. Northampton County Board of
Assessment Appeals this was an assessment appeal filed by a cell tower land owner at 1120
Morgan Hill Road. The Board of Assessment has negotiated a settlement whereby the tower
would be assessed at $137,100.00 in 2004 which was the assessment that the county
rendered and that was appealed. The assessment would be increased per year based on the
common level ratio. Brian asked for the Boards approval for him to sign the settlement
stipulation. Sally asked for a motion, Fred made a motion to approve settlement of Crown
Atlantic Company LLC Assessment Appeal, Common Pleas No. 2004-9251 and to direct
Solicitor Brian Monahan to sign the Consent Order and Stipulation, second by Bob. Sally
asked for audience comments. There being none, motion carried 3-0.
       In the matter of Chrin Brothers, Inc. v Williams Township and Williams Township
Board of Supervisors No. 2006-2801- Curative Amendment Proceedings Wottrings Mill Tract
Land Use Appeals. Chrin filed an appeal from the decision of the Board of Supervisors
which denied the curative amendment for 145 modular units to be placed on property at
Wottrings Mill Road. The Common Pleas Court of Northampton County lifted a stay on the
settlement by virtue of a Court Order dated March 12, 2009. Recently the Township received
a petition to intervene in this litigation filed by Aileen Viscomi, Gregory Viscomi, Davenel
Davis, Christian Barbu, Susan Reed, Christine Rigney, Frank Boersma and Denise Boersma,
individually and as Members of the Landfill Action Committee, an unincorporated
organization. The petition was filed in May and if permitted to intervene, petitioners will
urge the settlement agreement to be rejected by the Court as adverse to the interests and
health, safety and welfare of adjoining property owners. A conference was held before the
Honorable Judge William F. Moran on May 29, 2009 and a hearing is scheduled on June 26,
2009. Kathy Lilley asked if it is typical that you try to settle a case before you go to Court.
Brian stated that he has always tried to negotiate cases before they go to Court.

Old Business

1.     Intel Quad Core Server Proposal – Sally stated she sent Frank Boersma an email
thanking him for all his efforts and saving the Township over $5,000.00. Debbie stated that
they received quotes from the following CMA RFP Response $6,168.00; DRC Technologies
$6,741.00 and American Computers $5,877.00. Sally asked for a motion to approve the
proposal from American Computer Associates in the amount of $5,877.00, second by Bob.
Sally asked for audience comments. There being none, motion carried 3-0.
2.     Fireproofing Records Room – Fred stated that he spoke with Mr. Philo regarding his
first quote that he submitted to the Township and he then submitted a second quote on
June 3, 2009 which was more detailed. There were quotes also received from Donald Warner
Contracting and Huber Contracting, with Philo being the lowest bid. Sally asked Bob if he
has any questions. Bob stated that he is going to abstain because of a business relationship
with Mr. Philo. Fred made a motion to award the contract to Philo Insulation & Fireproofing
Company for the Fireproofing of the Records Room as per quote of June 3, 2009. Sally
asked for audience comments. There being none, motion carried 2-0. Bob abstained.
3.     Grease Trap Ordinance – Debbie stated that she would like to see the Township move
forward on a Grease Trap Ordinance. The Township is spending an extra $240.00 a month
on maintenance. It cannot be determined if it is from the restaurant or residents. Debbie
stated that we need to have an Ordinance for them to clean the grease trap on a daily basis.
Sally asked Dave to go over the Ordinance and narrow it down. Fred asked if the line where
the foam is coming from is a private line. Can we make the Grease Trap Ordinance
applicable to the Interstate Market. Sally asked for a motion. Bob made a motion to direct
Brian and Dave to meet and to draft a Grease Trap Ordinance so that it can be reviewed at
next month’s meeting, second by Fred. Sally asked for audience comments. Audience
comments were heard from: Alisa Baratta asked if anyone has talked with the restaurant
regarding a grease trap problem. Dave stated that they have and they claim that they do
maintain it. Motion carried 3-0.
4.    Woodside Update – Dave stated the developer is getting proposals to get the
retention basin fixed as there have been concerns regarding same.

Debbie stated that they advertised for sealed bids for Truck 11. After a brief
discussion it was stated that it should be advertised in the Express-Times as well.
Debbie stated she has checked with the Treasure Hunt and Bob suggested the Bucks
County Herald. Fred suggested the Express-Times. George Washburn how many
bids were received. Brian stated he will look into the requirement for the
advertisement of the truck.

New Business – None

Supervisors Remarks – Bob stated that the County Farmland Board will be meeting on
Monday to work on a joint Township County Purchase Program which will enable Township
and Counties to share costs.

Sally asked Brian to comment on the Zoning Hearing that will be held. Brian stated that on
June 23, 2009 at 6:00 p.m. There will be a public meeting regarding the three proposed
Ordinances and will be held at the Public Works Facility. He further stated that if there is
not enough time to complete the hearing, it will convene at 11:00 a.m. the following day.

Audience Comments -

Jennifer Petrozzo – Stated that she has had a conversation with Mark Harman regarding
Chrin's permit renewal. Stated that Chrin has had several citations, has a bad compliance
history and the DEP now requires the beneficial use of gas at landfills. Asked the
Supervisors what they are going to do if Chrin does not get a permit renewal and what other
sources of revenue have they looked into.
Frank Fodera – Expressed concerns that the Animal Center on Island Park Road has
outgrown their facility. Spoke about the residence on the property that is now also being
utilized with animals and does not believe that they should be doing so. He stated that
there are concerns with the septic systems and the odors as well as parking on both sides of
the street causing dangerous situations. Rich stated that he visited the site and was told
that the animals that were in the caretakers home recovering from surgery and also last
week there was a meeting regarding the septic.
Julie Kelp – Stated that she is from the Animal Center and that they have went through
management changes and are making great strides. The next board meeting will be held on

June 23, 2009 at 7:00 p.m. at the Spring Garden School in Bethlehem. Stated that there will
be a meeting tomorrow with Joe Black and Del Val to try and come up with a resolution
regarding the septic system.
Dan Roman – A representative from the Animal shelter stated that they are working on the
complaints as well as the parking on the road. It was also stated that they are getting rid of
the bus so that they will have more parking at the facility.
Kathy Lilley – Asked how many people does the Public Works Building hold and if it has an
occupancy limit. Sally stated there will be enough room. Wanted to know if the Supervisors
or Manager have visited a Waste Management Transfer Station. Wanted to know why a
Transfer Station was never mentioned at the December 2007 meeting. Asked if Dave Harte
has knowledge of a transfer station. Also asked of the expectation of what the tonnage will
be and the kind of traffic it would generate. All of the questions Brian Monahan instructed
the Supervisors as well as Dave Harte not to answer.
Alisa Baratta – Commented that at the May 29, 2009 Special Meeting Mr. Washburn
suggested using the website for identifying public meetings. Feels that at that meeting it
was known that the Solid Waste Zoning District hearing was going to take place and wanted
to know why the public was not notified at that meeting. Sally stated it was advertised in
the paper and on the website.
Dan Cwynar – Asked with reference to the 10 lawsuits what the total cost of the Township
was. Brian instructed the Supervisors not to answer the question. Asked what the expenses
year to date are for account 482. Debbie stated Host Negotiations $83,161.73 and Judgment
and losses $57.00. Does the Township use the cash basis of accounting? Debbie stated yes.
George Washburn – Stated that the Supervisors knew of the hearing but it was not
announced at the May 29, 2009 meeting. Felt it was not mentioned to keep the attendance

      Sally asked for a motion to adjourn. Fred made a motion to adjourn at 9:27 p.m.,
second by Bob. Motion carried 3-0.
                                     Respectfully submitted,

                                        MELODY A. ASHMORE, SECRETARY
                                        Williams Township Board of Supervisors


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