PALMER TOWNSHIP BOARD OF SUPERVISORS

REGULAR BUSINESS MEETING

DECEMBER 28, 2004

 

      A regular meeting of the Palmer Township Board of Supervisors was held on Tuesday, December 28, 2004, at 7:00 p.m. in the community room of the Palmer Library with all supervisors in attendance.  Also present were the Township Manager, Public Services Director, Planning Director, and Township Solicitor.  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 – DECEMBER 28, 2004

 

      INFORMATION

 

      The reports 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 December 28, 2004.

 

3.      APPROVAL OF MINUTES – DECEMBER 20, 2004

 

      DISCUSSION

 

      On motion by Panella, seconded by Smith, and agreed by all, the Board approved the minutes of December 20, 2004.

 

4.   T & S MINOR SUBDIVISION FINAL PLAN REVIEW

 

INFORMATION

The Board needs to approve/disapprove the final plan review.

DISCUSSION

      Bruno said this was a straight forward request to subdivide an existing 1.4 acre lot into two lots; one .39 acre and the other 1.00 acre.  Attorney Margle, representing the developer, said the lot was part of the Southampton Estates, in Bethlehem Township, that was recorded and approved about two years ago.  Margle said they went to Bethlehem Township and got a variance granted because the lot was undersized by approximately 3,900 square feet.  Margle said they reviewed the Pidcock letter dated December 10, 2004, and all items noted were acceptable to them.  Margle added that the township Planning Commission recommended approval.

 

      On motion by Lammi, seconded by Panella, and agreed by all, the Board approved the

T & S minor subdivision conditioned upon all comments outlined in the Township Engineer letter dated December 10, 2004 be satisfied; all departmental comments dated December 9, 2004 be satisfied; the Board waived the recreation fee because it was paid to Bethlehem Township; the developer enter into an improvements agreement to the satisfaction of the Township Solicitor for improvements on the road in Palmer Township; that the developer submit any necessary financial security in a form acceptable to the Township Solicitor for improvements on the road in Palmer Township.

 

5.   EASTON SELF STORAGE DISCUSSION

 

INFORMATION       

      Don Frederickson will be present to discuss vacating Hobson Street and storm water issues.

 

      DISCUSSION

 

Colver said this item was tabled at the last Planning Commission meeting.  Don Frederickson said there were two items he wanted clarification on before returning to the Planning Commission.  Frederickson said they are a right of way issue and a storm water issue.

 

Frederickson said the property is adjacent to the township’s regional detention pond.  Frederickson said it doesn’t make sense to have them slow the water down to just run into the township pond.  Frederickson reviewed the plan with the Board.  Frederickson said the Lehigh Valley Planning Commission concurs with them and said he forwarded the information to the Township Engineer.  Dillman said the dilemma is the downstream flooding problem.  Dillman said the runoff from this site is so small it will have little or no impact.  Dillman said he does want to hear that the Lehigh Valley Planning Commission letter agrees with the no harm concept.  Dillman said he prefers the water get in and out of the basin as quickly as possible.  Dillman said it’s more appropriate to have it go directly to the basin.  Colver and the Board agreed they didn’t see this as an issue.

 

Frederickson said the second issue is regarding right of way and he said he is asking the township to give back right of way so they would have a 60 foot right of way.  Bruno clarified that they are requesting the township to relinquish ten feet of right of way so they would have 30 feet of right of way on their side of the property; thirty feet from the center line.  Lammi asked if a previous Board agreed to a reduced right of way why ask us.  Frederickson said apparently a Board agreed but it was never recorded.  Lammi asked if they didn’t have a set back issue on Division Street.  Frederickson said they will need to go to the Zoning Hearing Board with that request.  Dillman said his recollection from some time in the recent past was that one or two of these pieces of property could have reverted back to property owners on the south side of the property line.  Colver asked how they could make Division Street disappear.  Bruno said it’s a title issue, that the township owns half way to the center of the road.  Bruno noted that the developer would have to clear the title issue.  Colver said they aren’t building on it; they only need the set back.  After further discussion the Board agreed they were okay with the right of way concept for Easton Self Storage.

 

6.   EASTON CENTER LLC- EXTENSION REQUEST

     

      INFORMATION       

     

      The Board needs to approve/disapprove the extension request.  Joe Posh will be available to answer any questions.

 

      DISCUSSION

 

      Joe Posh was present on behalf of the developer.  Posh said there were two items he wanted to discuss.  Posh said he wanted to make sure the Board was okay to open Giant in mid to late February. Posh said they had received a letter from Penndot that said they were okay with the improvements completed to date to open the Giant and a 20,000 square foot retail building.  Posh said step three of the project which is scheduled to start in the spring includes the 27th Street improvements.  Dillman said he’d like to see the Penndot comments regarding the last comments made by The Pidcock Company.  Dillman said he’s concerned about the right turn lane heading north on 25th Street at William Penn Highway.  Dillman said as long as they keep restrictions on the lanes coming out of the center he thinks it should be okay.  Colver asked for the status on the light at Lennox Street.  Posh said it was fully operational.  Dillman said with what they are proposing to open he feels it will work but it should not include any future development until later in 2005 once other improvements are completed.

 

      Bruno asked for clarification on what they are asking for.  Bruno asked if the improvements agreement needed to be addressed.  Posh said that was his second issue to discuss.  Bruno said the letter of credit needs to be extended for the Home Depot.  Bruno said he recommends an extension of time for all improvements and an extension of time to enter into the improvements agreement and also extending the temporary certificate of occupancy for the Home Depot.  Posh asked if a nine month extension to enter into the agreement was appropriate.  Lammi said he didn’t feel comfortable with nine months due to the amount of work that still needs to be completed, stating he was more comfortable with six months.  Posh said once Penndot allows us to work in the right of way they will begin to complete the off site work.

 

      On motion by Lammi, seconded by Mitchell, and agreed by all, the Board agreed to extend the improvements agreement until June 30, 2005 conditioned upon; 1 - the developer getting the letter of credit extended until July 31, 2005; 2 - the extension agreement be executed prior to December 31, 2004; 3 - that the escrow fees, payable by the developer, be made to the township no later than January 15, 2005.

 

      On motion by Lammi, seconded by Mitchell, and agreed by all, the Board agreed to extend the certificate of occupancy permit for the Home Depot until June 30, 2005, conditioned upon the developer satisfying all the above conditions.

 

7.      E.A.S.D. EXTENSION REQUEST

 

      INFORMATION       

     

      The Board needs to approve/disapprove the extension request. 

 

      DISCUSSION

 

      Colver said the Board received a request from the school district for a 30 day extension to their certificate of occupancy permit.  Joe Kish represented the school district.  Kish said they are still waiting for approval from Penndot on two recommendations that they had for the HOP.  Kish said their engineer is working on scheduling a meeting with the representative from Penndot for early in January.  Kish said if Penndot requires them to put curbing and storm water management into the intersection it will run the district an additional $30,000 to $40,000.  Bruno asked if their land development plan was going to be revised again.  Kish said he didn’t believe so.

 

      Bruno said there were a few things that needed to be addressed.  Bruno said a land development improvements agreement still isn’t executed because the school districts work isn’t yet approved by Penndot.  Bruno said once Penndot approves, a cost estimate still needs to be done by the Township Engineer’s office.  Bruno said after that is completed he can put together the land development improvements agreement and land development security agreement.  Bruno said once that is approved they’ll have twelve months to complete the improvements.  Bruno added he did receive from the school districts attorney today the hold harmless agreement related to the detention basin, sinkholes, and recreation areas.  Bruno said the certificate of occupancy for what’s already being used needs to be extended.  Bruno added he didn’t think 30 days was practical since Penndot still needs to approve, and then the Township Engineer needs to do his cost estimate.  Lammi asked if March 31, 2005 was realistic. 

 

      On motion by Lammi, seconded by Smith, and agreed by all, the Board agreed to require the hold harmless agreements for the detention basin, sinkholes, and recreation areas be in place and executed no later than January 31, 2005; required the land development improvements agreement be in place by March 31, 2005, with security posted to the satisfaction of the Township Solicitor; extension of the certificate of occupancy permit until August 31, 2005, at which time improvements will be completed.

 

8.   ACT 537 SEWAGE FACILITY PLAN RESOLUTION

 

      INFORMATION       

     

      The Board needs to approve/disapprove the Act 537 sewage facility plan resolution.

 

      DISCUSSION

 

      Colver said this resolution was advertised on November 17, 2004 and no public comments were received.  Colver said the resolution was reviewed and approved by Gannett Fleming and the Public Utilities Director.

 

      On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved the Act 537 sewage facility plan resolution.

 

9.   DISCUSSION OF THE PALMER TOWNSHIP POLICE PENSION FUND

 

      INFORMATION       

     

      The Board will receive a recommendation from the Palmer Township Police Pension Board regarding whether or not to give a cost of living increase to the retirees in the Palmer Township Police Pension Plan.  The Board will then discuss the recommendation and make a decision.

 

      DISCUSSION

 

      Mitchell said the Pension Board met prior to the Board of Supervisors meeting and they recommend a 1.6% cost of living increase to the retirees in the Palmer Township Police Pension Plan.  Mitchell said last year the Board authorized a 1.6% increase based upon the lowest amount allowed to retirees.  Mitchell added in the past the township had given a 3% increase every other year.

 

      Panella said we are still waiting to hear back from the labor attorney regarding refunds of officer contributions made to the plan and the two tier system in place regarding calculation of overtime for pensions.

 

      On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized a 1.6% cost of living increase for the police retirees, conditioned upon completion of an actuarial study.

 

10. DISCUSSION OF A RESOLUTION ESTABLISHING A TAX LEVY

 

      INFORMATION       

     

      The Board must approve/disapprove a resolution fixing the tax rate for the year 2005.

 

      DISCUSSION

 

      On motion by Colver, seconded by Lammi, and agreed by all, the Board approved keeping the tax rate for 2005 at 5.25 mills.

 

11. DISCUSSION OF A RESOLUTION ADOPTING THE 2005 BUDGET

 

      INFORMATION       

     

      The Board needs to approve/disapprove a resolution adopting the 2005 budget.

 

      DISCUSSION

 

      On motion by Panella, seconded by Smith, and agreed by all, the Board approved the 2005 budget in the amount of $11,649,554.

 

12. ANNOUNCEMENT OF REORGANIZATION MEETINGS

 

The Palmer Township Board of Supervisors annual reorganization meeting will be held on Monday, January 3, 2005, at 7:00 pm, in the Community Room of the Palmer Memorial Library.

 

      The Board of Auditors will meet on Tuesday, January 4, 2005, at 7:30 pm in the Small Conference Room of the Palmer Memorial Library.

 

      The Palmer Planning Commission reorganization meeting will be held on Tuesday, January 11, 2005, at 7:00 pm and all regular meetings will be held the second Tuesday of each month in the Community Room of the Palmer Memorial Library at 7:00 pm.

 

      The Recreation Board meetings will be held the third Tuesday of each month, in the Community Room, of the Palmer Memorial Library at 7:30 pm except for the months of July and December.

     

      The Shade Tree Commission meetings will be held the fourth Monday of each month in the Community Room, of the Palmer Memorial Library at 6:30 pm.

 

      The Environmental Steering Committee reorganization meeting will be held on Thursday, January 27, 2005, at 7:00 pm and all meetings thereafter will be held on the fourth Thursday of the month, excluding December, in the Community Room of the Palmer Memorial Library.  The meeting scheduled for December 22, is cancelled.

 

      The Palmer Memorial Library is located at 1 Weller Place, Palmer, PA.

 

13. APPROVAL OF 2005 PARK RENTAL FEES

 

      INFORMATION       

     

      The Board needs to approve/disapprove 2005 park rental fees as recommended by the Recreation Board.  There are no recommended changes from 2005.  Penn Pump is $50 residents and $75 non-residents weekdays, and $75 residents and $100 non-residents on weekends.  Briarcliff and Fairview are $30 residents and $50 non-residents.

 

      DISCUSSION

 

      On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved keeping the park rental fees the same for 2005.

 

14. ANNOUNCEMENT OF CHRISTMAS TREE RECYCLING DATES

 

      INFORMATION

 

      Christmas tree recycling will take place January 3rd through January 21st.  Trees are to be placed curbside on regular trash days.

 

15. TOWNSHIP ENGINEER CAPITAL PROJECT UPDATE

 

      INFORMATION

 

      Brian Dillman will update the Board on capital projects.

 

      DISCUSSION

 

      Dillman gave a letter to the Board outlining the current status of all capital projects in the township.  Dillman said he will be setting up a meeting with Anckaitis, Adams, and Bruno to discuss easements and right of way requirements.

 

      Colver said excavation for footers started today at the community center site.  Dillman said he recommends a meeting be set up with Gary Pulcini early in 2005 to discuss bond drawdown.  Colver said it’s his understanding that we’re not under the gun on this issue.  Lammi asked for an update on the work at Sales and Northampton Streets.  Dillman said the work will continue through winter to install the lights.

 

16. PUBLIC COMMENT

 

      None

 

17.  REPORTS

 

      Manager

·        Anckaitis had several personnel items for executive session.

 

Public Services Director

·        Adams said last week the Board discussed repair work to the swale on South 25th Street and requested cost estimates.  Adams gave the Board a breakdown of the costs associated with the project.

 

                        On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the cooperative effort between Penndot and the township for repair work on South 25th Street, subject to the Township Solicitor preparing an agreement.

 

·        Adams said he’s been in touch with the property owners at 101 Berks Street regarding the sinkhole on their property and the sinkhole on the township property adjacent to their property.  Adams said he received another estimate from a geo-technical engineer that estimates the work to be approximately $1,000.  Adams said the property owners are interested in a cost share situation to repair the sinkhole.  Adams said he believes if there was a problem with the pipe the sinkhole would have gotten significantly worse, and it hasn’t.  The Board agreed the sinkhole needed to be repaired.

 

On motion by Smith, seconded by Panella, and agreed by all, the Board authorized the Solicitor to draft an agreement between the Palmer Township Public Services Department and the homeowner at 101 Berks Street to proceed with the remediation process with a cost share of 50% by the property owner and 50% by the township.

 

·        Adams gave the Board a heads up regarding installation of underground tanks at the Walgreen’s project.  Adams said Walgreen’s was told not to proceed with the project until review by the Township Engineer.  Adams said Pidcock has issues with the tank installation and Walgreen’s went ahead and installed the tanks and there is a possibility the retaining wall could move.  Adams said Tim Martin, the geo-technical engineer, has some issues and will be getting in touch with Pidcock.

 

      Supervisors

·        Lammi acknowledge the nice letter to the editor regarding the police department.

 

·        Colver said the fire department went through their election process last night and Delmar Grube will be the Chief, and Dave Urevich the President of the Association, effective January 1, 2005.  Colver said they will begin the review process of their bi-laws next year.  Colver added they responded to about the same amount of calls in 2004 as they did the prior year.  Colver said he thanked the volunteer fire department, on behalf of the Board of Supervisors, for their dedicated service.

 

On motion by Panella, seconded by Mitchell, and agreed by all, the meeting was adjourned at 9:00 p.m. with two personnel items for executive session.

 

Respectfully submitted,

 

 

Robert G. Anckaitis

Township Manager