PALMER TOWNSHIP BOARD OF SUPERVISORS

REGULAR BUSINESS MEETING

MAY 5, 2003

A regular meeting of the Palmer Township Board of Supervisors was held on Monday, May 5, 2003, at 7:00 p.m. in the Community Room of the Palmer Library with all supervisors present. Also present were the Manager, Solicitor, and Public Services Director. Fred Walters from the Morning Call and Ed Sieger from the Express Times represented the news media. Chairman Colver convened the meeting and led those present in the Pledge to the Flag.

2. APPROVAL OF DISBURSEMENT OF FUNDS – MAY 5, 2003

INFORMATION

The reports will be provided at the meeting.

DISCUSSION

On motion by Mitchell, seconded by Panella, and agreed by all, the Board voted to approve the disbursement of funds for May 5, 2003.

3. APPROVAL OF MINUTES – APRIL 29, 2003

DISCUSSION

On motion by Rickert, seconded by Lammi, and agreed by all, the Board voted to approve the minutes of April 29, 2003 as written.

4. PUBLIC HEARING - CUT IT AND LEAVE IT ORDINANCE

INFORMATION

The Board needs to approve/disapprove the cut it and leave it ordinance.

DISCUSSION

Colver began by asking the members of the Environmental Steering Committee to give an update on any new developments regarding the cut it and leave it program.

Rob Reese, Co-Chair of the Environmental Steering Committee (ESC), reviewed rational for implementing the cut it and leave it ordinance. Colver asked if there were any changes at the state level. Reese said per Grucela and Freeman’s offices, it is still in committee. Reese said it’s hard to say when it will be moved up on the agenda.

Lammi asked if the problem is people placing the grass clippings into garbage bags, versus putting it into an open container that can be dumped into the landfill. Lammi said he would believe the grass would breakdown as long as it wasn’t placed into a bag.

Tom Dittmar, representative of the Environmental Steering Committee, said anything that is placed into a landfill doesn’t degrade because it lacks air and sun. Dittmar said you could go into a landfill and dig things up twenty years later and still be able to read a newspaper. Lammi said he didn’t believe that about grass if it was dumped and not placed into a closed container. Dittmar said the biggest problem is its weight and that it’s taking up 20% of landfill space.

Colver said he is personally still against implementing the ordinance and that he believes it is too much to put onto the residents of the township. Colver added the ESC has done a great job for the township regarding recycling and that the supervisors have heard a lot of good and bad feedback from residents. Colver said he feels it’s too much of a burden for the elderly and some don’t want to invest in upgrading to a mulching mower.

Rickert said she believes if Northampton County would get into gear with a county waste station, it would eliminate some of the issues. Rickert said people who live in the northern end of the county don’t have the same problem that the township has because they have large pieces of property and they can compost.

Lammi said a solid waste plan has been presented for an inter-government committee by DCED and they plan to pilot a program with northwest townships of the county. Lammi said a $3 ton fee will be added to help support the recycling programs. Lammi added the council would like more than the pilot program. Lammi said a 30-day extension has been granted to municipalities for comments on the county waste plan. Lammi said he believes if every township is responsible for taking care of their own issues there is too much redundancy of resources. Lammi said every township would require a location, employees, equipment, etc., and it makes much more sense to have it done at a county level for everyone to benefit.

Anckaitis gave an update from a meeting he attended at the county earlier in the day. Anckaitis said he found out about the meeting in the morning and the other townships in the COG weren’t notified. Anckaitis said two representatives were present from the Nazareth COG.

Panella said she is concerned about the comment that grass doesn’t breakdown in a landfill. Panella said this appears to be a landfill issue and they should be looking at redesigning landfills. Panella said she cannot support implementing the ordinance before the state says it’s mandatory. Panella said another issue is the amount of garbage being brought into the landfills from other states. Those states aren’t being told to eliminate grass clippings.

Mitchell said in the beginning he was in total support of the ordinance. Mitchell said he still believes it’s the right thing to do on the environmental side. Mitchell said after hearing all the concerns of the residents and without another option or place to take their clippings he doesn’t feel now is the time to implement the ordinance. Mitchell added he’d like to see the township begin to push the county for other alternatives.

Lammi said on the environment side he can’t disagree with the ESC as far as the landfill issue, but he believes it’s a bigger problem than just grass. Lammi said personally he’s mulched for years, but others prefer to capture their grass. Lammi said until there is an acceptable alternative for these people he doesn’t feel the township is ready for this ordinance. Lammi said he agrees with putting pressure on the county for a centralized facility. Lammi said the ESC has done a fantastic job over the years regarding the township recycling programs and he’s hopeful they will continue.

Tom Ganssle, Co-Chair of the ESC, asked the supervisors to realize what they may be giving up with Waste Management (WM) by not adopting this ordinance. Ganssle said WM has been very generous to the township with things they provide at the township recycling drop off center on Hartley Avenue. Ganssle said WM was working with the committee regarding concessions if grass was eliminated. Ganssle said if there is no ordinance we give up negotiating power for the remainder of the contract and the township should anticipate an end to any free services from WM.

Colver said a resident in the township currently pays $2.75 week for pickup. Colver said it all will be paid for somewhere. Colver said he’s been asked over and over again, if grass isn’t allowed to be picked up, would the residents receive a rate reduction?

Tom Hopewell, 120 Debbie Lane, said he has one bag of garbage a week and one recycling container. Hopewell said he prefers not to leave his grass lay because he has a white dog that would have green feet and track the grass everywhere. Hopewell said if you use the grass in the garden an around trees you will end up with stench around the township. Hopewell added he’s seen it enforced in Lopatcong Township New Jersey and you started to see bags dumped off the side of the roads.

Harlan French, 3043 Swanson Street, said he lives in the township only six months out of the year and he has to pay his WM fees for a full year even though he isn’t using their services. French said we need other options before it’s mandated.

James Kenney, 2359 Lawnherst Avenue, said he would propose changing to a charge per bag fee. Kenney said people would start to look at what they put out for garbage if they are held accountable for the cost. Kenney said he’s seen this work in other communities and people actually look at what they buy because of how they need to dispose of the items.

Ed Welsh, 3336 Sherwood Road, said he’s gone both ways, picking grass up and mulching. Welsh said eventually if you leave it lay you have to dethatch. Welsh said there needs to be other alternatives.

Tom Frank, 3409 Bridlepath Road, said he’s concerned about the environment and he agrees the ESC has done a great job, but he feels the township needs to be able to provide another alternative. Frank said we’re talking about a 12 to 14 week timeframe. Frank said he believes it’s all about profit for WM, if they have less to pickup they will need less employees.

Marvourneen Horton, 201 Hunter Street, said she lives on .85 acres and when they mulch their lawn they need to cut it a lot more frequently. Horton said last year they needed to dethatch and they had 91 bags of grass and had to rake for four days to get it all up and it left their backyard a mess. Horton also said leaving it lay creates problems for allergy and asthma sufferers because it creates a lot of mold. Horton asked what the Palmer Pool would be doing? Horton said they currently bag their grass otherwise they’d have nothing but grass in the pool and filter system. Horton added there are a lot of people who have their own pools in their backyards too. Horton thanked the ESC for all their recycling efforts.

John Serfecz, 2808 Liberty Street, said he agrees with the comments regarding opposition of the ordinance.

Marlin Klinger, 3570 Timberlane Drive, said he has an open mind about the issue and understands the environmental aspects, but he lives in a wooded area and picks up debris from trees in addition to cutting his lawn. Klinger said he can’t rake and then cut the lawn. Klinger said he thinks the state needs to do something about the out of state garbage coming into Pennsylvania landfills.

Diane Halascz, 3002 Windsor Street, said she understands everyone’s comments but she is for the program and she believes every person in the room can help out by cutting and leaving their grass.

Tom Dittmar, Hackett Avenue, said we have no control over out of state trash coming into Pennsylvania. Dittmar said that’s been determined through previous litigation. Dittmar said Palmer has lead the way with many recycling programs in the past including composting seminars, which he instructs. Dittmar said he believes in making a better environment. Dittmar said he is willing to help anyone develop a program that will work for his or her particular needs.

Lammi said the township cannot stop here. Lammi said if the Board doesn’t agree to pass this ordinance tonight eventually the state will force us to do it and the township needs to look at other alternatives so we are prepared when that happens. Lammi said the township needs to work with the county regarding this issue.

The solicitor stated if a motion wasn’t made by a Board member the cut it and leave it ordinance would die. No motion was made.

On motion by Rickert, seconded by Mitchell, and agreed by all, the Board voted to get actively involved with Northampton County to pursue a program that will benefit the entire county.

5. DISCUSSION REGARDING BEGINNING PROCESS FOR ZONING CHANGES SUGGESTED IN THE NEW COMPREHENSIVE PLAN

INFORMATION

The Board needs to approve/disapprove beginning the process to make zoning changes as recommended in the new comprehensive plan.

DISCUSSION

Lammi said there are two zoning changes that he’d like to see made that reflect the changes that the new Comprehensive Plan suggests. One change is in the north end of the township in the area of Fox Hill Road to Route 33. Lammi reviewed a map with the Board and said it would allow the land on both sides of Fox Hill Road and a strip that goes north behind Northampton Crossings to remain PIC. Lammi said the remaining land in that district would be changed to PO/IP.

The other change is in the area of St. Janes Church. Lammi said C/R limits future expansion on the site for a school and Charlie Schmehl, from URDC, recommended the property be rezoned to MDR, which allows for schools and churches.

Lammi added other changes we may want to look at would be to separate conservation from recreation. Lammi said this would affect the townships parks and areas along the Lehigh River or Bushkill and Schoeneck Creeks, and the bike path. Lammi said areas around the river and creeks should be changed to conservation, and the areas like Palmer School, should be changed to recreation.

Lammi said he also feels there are too many things listed under special exceptions that could be listed as conditional uses. Lammi said some wording in the ordinance regarding urbanization should be looked at too.

Lammi said the first two items outlined he feels the Board should look at now and recommended the Board authorize the Solicitor to draft an ordinance to begin the process.

On motion by Lammi, seconded by Panella, and agreed by all, the Board authorized the Solicitor to draft and ordinance to change the zoning map in the north end of the township in the area of Fox Hill Road to Route 33, VanBuren Road and Township Line Road from PIC to PO/IP; and change the property owned by St. Jane’s Church from C/R to MDR.

6. APPROVAL OF TOWNSHIP PUBLIC RECORDS POLICY

INFORMATION

The Board needs to approve/disapprove the public records policy.

DISCUSSION

Anckaitis said the policy is self-explanatory and is required by law. Bruno said the Right-to-Know law was amended and now requires townships to have written procedures that will be followed regarding requests for documents.

On motion by Rickert, seconded by Mitchell, and agreed by all, the Board voted to approve the Public Records Policy.

7. SECOR ASSOCIATES, INC. CONTRACT EXTENSION REQUEST

INFORMATION

The Board needs to approve/disapprove extending the Secor contract for an additional three-month period.

DISCUSSION

Colver said this is a three-month extension request to the current Secor contract. Colver said Secor is involved in handling the fundraising efforts for the community center. Colver added everything is going well with this process and they are hopeful that in the near future they will be making some public announcements regarding the campaign. Colver said the committee is meeting every three weeks with about 12 members participating. Colver said the township budgeted $60,000 over the past two years and even with the three-month extension the township will remain within the budget for this year.

On motion by Rickert, seconded by Lammi, and agreed by all, the Board voted to authorize the Township Manager to sign the three-month contract extension for Secor Associates, Inc.

8. BID AWARD RECOMMENDATION – MAIN LINE AND LATERAL SEWER CAMERA WITH TV INSPECTION SYSTEM AND ACCESSORIES INSTALLED AND MOUNTED, WITH TRUCK

INFORMATION

See recommendation from the Director of Public Utilities. The Board needs to approve/disapprove recommendation.

DISCUSSION

Rickert asked if this equipment was similar to Bethlehem Township’s? Ted Sales, Public Services Director, said it is a fiber optic camera that can go in the sewer and find backups and determine if they are the responsibility of the township or the property owners. Colver said this type of equipment is almost a necessity anymore. Rickert asked if it came along with a truck. Sales said yes. Anckaitis said it was being paid for by the Authority. Lammi asked why every township needed this kind of equipment and if it didn’t make sense to rent it from Bethlehem Township instead of incurring this type of cost? Anckaitis said the township should be using this type of equipment for more maintenance type work and not just when blockages happen. Anckaitis said the township will be putting together a maintenance schedule and it should help eliminate some future backups. Anckaitis said another problem you run into when you’re relying on other townships is the equipment may not be available when you need it.

On motion by Rickert, seconded by Mitchell, and agreed by four, Lammi opposed, the Board authorized awarding the contract to Grandturk Equipment Company, low bidder, for a main line and lateral sewer camera with TV inspection system and accessories installed and mounted with truck in the amount of $126,700, to be paid by the Palmer Township Municipal Sewer Authority.

9. PUBLIC COMMENT

Perry Casciole, 101 Debbie Lane, said he believes the main line and lateral sewer camera and truck is a good asset for the township to have.

Theresa Hogan, candidate for Judge, said she was the City of Easton Solicitor for nine years and she wanted to commend the Board on the way the meeting was run this evening during the public hearing. Hogan said out of all the meetings she’s attending over the years, this Board did an excellent job handling the public and making them a part of the hearing. Hogan asked that everyone consider her for Judge during the May 20 election.

10. REPORTS

Solicitor

§ Bruno said he had a resolution for New Orchard Estates at Stones Crossing, Phase V, to accept right-of-way for Toursdale Drive and Towpath East and required approval of a maintenance agreement, and that security had been posted. On motion by Mitchell, seconded by Panella, and agreed by all, the Board voted to accept the right-of-way for Toursdale Drive and Towpath East for New Orchard Estates at Stones Crossing, Phase V. On motion by Lammi, seconded by Rickert, and agreed by all, the Board authorized the chairman to execute the Maintenance Agreement, with security posted, for New Orchard Estates at Stones Crossing, Phase V.

§ Bruno had a request from New Orchard Estates, Phase I, requesting an extension of time for public improvements until October 30, 2003, with security posted, as recommended by The Pidcock Company. On motion by Lammi, seconded by Mitchell, and agreed by all, the Board voted to approve the Extension Agreement for New Orchard Estates, Phase I.

§ Bruno had a Subdivision Improvement Agreement for Parkview Estates, Phase V, requesting an extension through November 30, 2003. Bruno said security had been posted and it was recommended for approval by The Pidcock Company. On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Subdivision Improvement Agreement extension for Parkview Estates, Phase V.

§ Bruno had a Land Development Improvement Agreement for Morello Funeral Home with security posted. On motion by Lammi, seconded by Rickert, and agreed by all, the Board voted to authorize the Chairman to execute the Land Development Improvement Agreement for Morello Funeral Home.

Manager

§ Anckaitis said he needed authorization from the Board to establish Jim Raudenbush’s new pay rate as Lead Code Enforcement Officer. On motion by Rickert, seconded by Lammi, and agreed by all, the Board authorized Jim Raudenbush’s salary as $16.92 per hour.

Public Services Director

§ Sales distributed a letter to the Board recommending the township award the bid for full depth reclamation and stabilization of Jonathan Drive and N. Nulton Avenue to E.J. Breneman, L.P. of West Lawn, PA for the amount of $102,544. On motion by Rickert, seconded by Mitchell, and agreed by all, the Board voted to award the bid as recommended by the Public Services Director.

Supervisors

§ Lammi asked the Solicitor if the sinkhole ordinance was sent to the Lehigh Valley Planning Commission for review? Bruno said he believed it went out for review already and he would follow up on the item. Sales requested the item be placed on the next Planning Commission agenda.

§ Rickert noted that today, May 5, 2003, Palmer Township was 146 years old.

On motion by Rickert, seconded by Panella, and agreed by all, the meeting was adjourned at 8:55 p.m.

Respectfully submitted,

Robert G. Anckaitis

Township Manager