PALMER TOWNSHIP BOARD OF SUPERVISORS

REGULAR BUSINESS MEETING

APRIL 26, 2005

A regular meeting of the Palmer Township Board of Supervisors was held on Tuesday, April 26, 2005, at 7:00 p.m. in the Community Room of the Palmer Library with all supervisors present. Also present were the Township Manager, Public Services Director, Planning Director, Township Engineer, and Solicitor. Joe Nixon from the Morning Call and George Wacker 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 – APRIL 18, 2005 AND APRIL 26, 2005.

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 April 18, 2005 and April 26, 2005.

3. APPROVAL OF MINUTES – APRIL 4, 2005

DISCUSSION

On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the minutes of April 4, 2005.

4. CHARLES CHRIN COMMUNITY CENTER FUNDRAISING PRESENTATION

INFORMATION

Pamela Zurek will be making a presentation on additional fundraising for the Charles Chrin Community Center project.

DISCUSSION

Colver said $1.2 or $1.5 million is still needed to complete the center. Colver said we are about half way there and the members of the fundraising committee feel now we need to get out to the public and residents of the township. Colver said Pamela Zurek previously met with the committee and put together a proposal for the next fundraising campaign.

Pamela Zurek, Zurek Design, said her plan would build on the existing campaign where large donors have been solicited for donations. Zurek said she would follow up with those donors and would also develop a campaign to all township residents. Zurek said it will include press releases, banners, yard signs, and bill boards that would be placed throughout the township. Zurek said we would also target larger donors for naming opportunities at the center.

Colver said the capital committee felt it was important to get some signage at the facility. Colver said another idea was to have banners attached to the construction vehicles on site. Colver said the site contractor said their trailers need to be in close proximity to the building. Colver said the idea was to back a trailer up to Route 22 so you could see it traveling east and west bound, since approximately 30,000 cars pass the site each day. Colver said the cost for a banner is $1,200 and they planned for two banners. Colver said most committee members felt the direct mailing postcard campaign was a large chunk of money and felt the special edition of the newsletter was a good idea promoting the center. Colver said banners are also planned for the 10 Welcome to Palmer signs.

Zurek said the point is to create awareness that all this is going on and by people seeing it everywhere they will realize there is a need.

Lammi said he feels the banners for the welcome signs are a good idea and it will put it out in front of the residents all the time. Smith said the fundraising committee said they looked at areas for signs in the township like the Lions Club sign at five points and poles that line up on Northampton Street where a banner could be hung. Smith said there aren’t two poles that line up across from each other on Northampton Street.

Colver said another option was a billboard on the site but nothing was available in the timeframe needed. Colver said the committee felt the yard signs were a good idea for residents who donated to the community center project.

Smith asked what the cost was for a phone campaign. Zurek said she’s never done a phone campaign before and it’s a little trickier to do now with the do not call lists.

Colver said the fundraising committee was looking to see how the Board of Supervisors felt about this project and said it may be best if the Board agrees to support the campaign to come up with a do not exceed number that could be spent on the project. Colver said it’s got to happen and it’s got to happen quickly. Smith said he felt $15,000 to $20,000 would be money well spent. Colver said when you look at the big picture of the $7.5 million project; we are $700,000 away from our goal. Colver said there are 7,000 households in Palmer Township. Colver said if we ask each household for $333 over a three year period, for a total pledge of $1,000; that would generate a half million to a million dollars just from the residents. Colver added there are at least 30 to 40 large donors who haven’t signed their pledge cards yet and he would hope to get at least half of them. Colver said he feels confident that the goal can be met.

Colver made a motion to approve the Charles Chrin Community Center fundraising campaign proposal by Zurek Design for an amount not to exceed $20,000.

Mitchell asked if we could take the money out of the bond money we allocated for the community center. Colver said at the end of the day we have to pay it somehow. Lammi said the bond money is capital money not operating money. Lammi said the Township Manager would need to discuss it with Gary Pulcini, Financial Consultant, to see if it would be allowed. Colver said we need to know tonight if we can charge on with this fundraising.

Colver amended his motion stating the funds may be used either from bond money, which is already allocated as community center money, that would be replenished by donations or from the general fund. The motion was seconded by Smith, and agreed by all.

Kevin Gray, Tatamy Road, said he could help out with putting up a temporary pole for banners if needed.

5. EASTON SELF STORAGE PRELIMINARY/FINAL PLAN REVIEW AND CONDITIONAL USE HEARING

INFORMATION

The Board needs to approve/disapprove the preliminary and final plan review and conditional use hearing.

DISCUSSION

Bruno said this is a land development and conditional use hearing and recommended we do the conditional use first. Bruno said the hearing is a conditional use request proposing the construction of four 4,800 square foot self storage buildings with associated paving on the Magnetic Windings lot located at the northeast corner of Freemansburg Avenue and Hobson Street intersection. Bruno stated the site is within a Heavy Industrial/Mixed Use (HI) Zoning District. Bruno said this was before the Planning Commission on April 12, 2005 and he has submitted a letter to Chairman Colver dated April 20, 2005 on behalf of the Planning Commission with their recommendations. Bruno noted the matter was duly advertised. Bruno entered the following exhibits to the record:

T1 – April 14, 2004 letter from the Zoning Hearing Board confirming the request for variances.

T2 – Conditional Use Application filed by Mr. Marron

T3 – Subdivision and Land Development Application.

T4 – Letter from Don Frederickson on behalf of the applicant.

T5 – Letter granting an extension from March 29, 2005 to Palmer Township to hold a public hearing.

T6 – Summary of Plan Review Comments from Palmer Township.

T7 – March 14, 2005 letter from Don Frederickson granting an extension to the township.

T8 – Township Engineer letter dated April 8, 2005.

T9 – April 11, 2005 correspondence from Attorney Bruno’s office to the Express Times requesting advertising for the public hearings on April 12, 2005 and April 26, 2005.

T10 – Attorney Bruno’s letter dated April 20, 2005 to Chairman Colver on behalf of Planning Commission.

Bruno said the Board should have relative sections of the zoning ordinance regarding this project in front of them.

At this time the Court Reporter, Loraine Krumiak, swore in the applicants for testimony. Carl Kline - Esquire, Don Frederickson - Engineer, and Albert Marron - Applicant, were in attendance.

Attorney Kline entered the following documents to the record:

A1 - Deed dated December 3, 1997 stating ownership of the property by Mr. Marron. Kline noted that Mr. Marron had owned the property longer than 1997 because he had financing with the authority prior to 1997.

Frederickson testified that Mr. Marron owned Magnetic Windings which is located on the proposed property. Frederickson testified that to the best of his knowledge self storage is a conditional use in an HI district.

A2 – Township zoning map with the site marked as an HI zone.

Frederickson stated the area around this property contains the new town center, north of the property is the township detention pond, and south and west is zoned medium density residential. Frederickson stated he prepared the land development plan for Mr. Marron.

A3 – Land Development Plan

Kline said the land development plan was submitted to the township and reviewed by the Planning Commission and reviewed by the township staff. Frederickson reviewed the four new buildings which would be self storage detached buildings. Frederickson stated there would be two driveways along Hobson Street with parking on the north end of the site and also on the opposite side and stated the parking would be sufficient. Frederickson said typically the site would generate five traffic trips during peak hours. Frederickson stated the site would not be open 24 hours but by appointment only after dusk, and it would include a security fence around the facility. Frederickson explained the on-site storm water would drain into the detention pond. Frederickson said the lighting on the property is what is called shoe box lighting with no off site lighting or overflow to neighbors. Frederickson said regarding planting, screening, and sidewalks, the plan exceeds township requirements. Frederickson added there would be no hazardous materials or any outdoor storage vehicles allowed on site and also no repairing of vehicles would be allowed on site. Frederickson concluded that the Planning Commission did recommend conditional approval of the plan.

Kline asked Frederickson to clarify the deferral noted in Attorney Bruno’s letter on behalf of the Planning Commission dated April 20, 2005. Frederickson said he thought the last sentence in deferral number one, where it stated the Planning Commission recommended against the request for the deferral of widening of Freemansburg Avenue, was incorrect. Frederickson said additional right of way along Freemansburg Avenue was discussed but no proposal for any widening; we feel there is no reason for widening. Frederickson said his understanding was the Planning Commission recommended approval of deferral for widening of Freemansburg Avenue. Frederickson said the Planning Commission also recommended approval of the deferral request regarding curbing, sidewalk, and street tree installation. Frederickson said the applicant is in agreement and prepared to install the sidewalk from Jones Blvd. to the northern property line.

Colver asked if the sidewalk connects. Frederickson said no; it picks up sidewalk on the opposite corner on Division Street and the west side of Hobson Street. Kline asked if the applicant was willing to apply to all other Planning Commission conditions. Frederickson said yes. Frederickson stated in his opinion the proposal met all township zoning ordinances and complied with all other township ordinances and complied with all state and federal laws and that the plan was not detrimental to public health or safety and would have no adverse affect.

Colver confirmed there were four buildings and asked how many units would be in the buildings. Frederickson said it would be market driven. Colver said we would assume that would impact the traffic count if it was a larger warehouse versus 10 x 20 units. Frederickson said the traffic numbers were based on averages and square footage. Colver confirmed there would be no storage outside the buildings and the only lighting would be located on the buildings. Colver asked if there would be an employee on-site. Frederickson said it would be run in the existing offices of Magnetic Windings. Colver asked about signage for Freemansburg Avenue. Frederickson said signage will meet all requirements by township ordinance. Colver said the Planning Commission spoke about the color of the buildings. Frederickson said it would not be the shocking orange that has been used in the past, it would be more neutral earth tones. Colver said he feels it’s a good use and is in favor of it. Colver asked if anything is happening at Hobson and Freemansburg Avenue regarding site access. Frederickson said no improvements are proposed along Freemansburg Avenue. Colver asked about easements. Frederickson said we’re proposing turning over right of way to the township. Kline said it makes sense to give it to Penndot but they don’t want it at this time. Colver asked about the storm water pond and its location. Frederickson said we’ve gone through numbers with the Lehigh Valley Planning Commission and the township Planning Commission and everyone agrees we need to just get the water to the pond since it’s no great volume. Colver said the last item is the deferral item which ties into the land development plan.

Smith confirmed no outside vehicles. Bruno asked if the buildings were water resistant, Frederickson said they were.

Bruno asked if there were any questions from the audience, there were none. Bruno asked for comments from the audience, there were none. Bruno closed the record for deliberation.

On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the conditional use request for Easton Self Storage with the following conditions: colors used for the buildings will be as discussed with the Planning Commission; includes complete buffering and street trees as shown on the plan; signage be placed where stated and agreed upon.

Colver said the second version of this item is the preliminary/final plan for the Easton Self Storage facility.

Colver asked if Attorney Kline had anything to add. Kline said he felt the questions were addressed during the conditional use review and they would answer any questions the Board may have.

Bruno asked where they were with the Hobson Street right of way issue. Frederickson said the Township Engineer suspected that the right of way on the western side of Hobson Street was not as originally noted on the sketch plan. Frederickson said he was correct. Frederickson said from the middle of the curbed road it was a 21 foot right of way instead of what we thought was 30 feet. Frederickson said we proposed deeding 30 feet to the township. Frederickson said all alignment is based on the as constructed roadway today. Kline said the Township Engineer wanted that verified and we noted that for the future. Bruno asked if the Township Engineer’s office was satisfied with this and Brian Dillman said yes they were, and it would be documented on the final plan.

Colver said we need to discuss the two deferrals. Lammi said they do not require improvements on Freemansburg Avenue as noted in the Township Solicitor’s letter dated April 20, 2005. Bruno said his letter was incorrect. Lammi said he has no problem with this or the right of way. Lammi asked about the fire booster pump access. Marron said it’s somewhere between 25 and 30 feet. Lammi said the Planning Commission did not agree to the other deferral on Hobson Street and the sidewalks along Hobson Street. Lammi said he also agrees with that.

Lammi made a motion to approve the preliminary/final plan for Easton Self Storage with the following conditions: that the items in the Township Engineer letter dated April 8, 2005 be satisfied as well as the township departmental comments dated March 7, 2005; granted a deferral for frontage improvements along Freemansburg Avenue and recognizing right of way that will be dedicated to the township; denied deferral of sidewalks, curbing and street trees along the north end of Hobson Street; that the developer enter into an improvements agreement and provide security in a form acceptable to the Township Solicitor, and in lieu of any recreational facilities that the recreation fees be paid in accordance with the township ordinance.

Frederickson asked if the recreation fee was based on the entire acreage of the property or just the new property. Lammi said on the new property only.

The motion was seconded by Mitchell, and agreed by all.

6. COLONIAL BUILDERS MINOR SUBDIVISION FINAL PLAN REVIEW

INFORMATION

The Board needs to approve/disapprove Colonial Builders minor subdivision final plan review.

DISCUSSION

Don Frederickson, Engineer for the Developer said this is a minor subdivision existing of 2.11 acres along Haymont Street across from Lawnherst Avenue for three lots. Frederickson said Mr. Fehnel is prepared to install the sidewalk and extend the curb in accordance with the recommendation of the Planning Commission. Mitchell asked about the lot sizes. Frederickson reviewed all lot sizes and said they are unique in shape and fairly deep due to electrical lines. Colver asked about storm water collection. Frederickson said there is a drainage swale on the southern end that can be improved to handle substantial storms. Frederickson said we need to be careful installing the curb and sidewalk in order to help the water concerns.

Dillman said the swale is okay but the plan doesn’t include a pond area that he will talk to Frederickson about, and stated it’s not a big deal. Frederickson said he will be meeting with the Township Planner regarding the large trees on the back of the property that we want to preserve.

On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the Colonial Builders Minor Subdivision final plan conditioned upon the conditions being met as outlined in the Township Engineer’s letter dated April 8, 2005; compliance with the departmental comments dated March 7, 2005; granted a waiver for alignment of streets and driveways to intersect directly across from each other; denied a waiver for installation of sidewalk; that the developer enter into an improvements agreement with security posted to the satisfaction of the Township Solicitor; and recreation fees be paid in accordance with the township ordinance.

7. KRASKA SHED AGREEMENT

INFORMATION

The Board needs to approve/disapprove the Chairman executing the Kraska Shed Agreement allowing placement of a shed in a drainage easement.

DISCUSSION

Adams said there is a 24 foot wide drainage easement in the side yard. Adams said they previously received an agreement for a fence in this area and now they are requesting a shed in the easement. Lammi said the fence was going parallel to the swale and now with the shed going across the swale wouldn’t it impact the water flow. Adams said he had no problem with the request.

On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved the Kraska shed agreement noting the Kraska’s are responsible for paying recording fees associated with the agreement.

8. PPL RIGHT OF WAY AGREEMENT

INFORMATION

The Board needs to approve/disapprove the PPL right of way agreement to allow PPL to relocate a guy wire, utility pole, overhead wires, etc. onto township property (Chrin Community Center tract) adjacent to Bethman Road.

DISCUSSION

Adams said PPL has to relocate a pole and guy wire. Adams said we will be paying for the work for approximately $3,000.

On motion by Mitchell, seconded by Smith, and agreed by all, the Board authorized the Chairman to sign the PPL right of way agreement for the property adjacent to Bethman Road at the community center site.

9. METROPOLITAN EDISON COMPANY EASEMENT AGREEMENT

INFORMATION

The Board needs to approve/disapprove the Met-Ed easement agreement to allow Met-Ed to install underground and above ground electric facilities from their existing easement (near Green Pond Road) to the new Charles Chrin Community Center transformer vault. It is recommended that approval be contingent on Township Engineer and Township Solicitor approval of the agreement and easement description.

DISCUSSION

Adams said this is to get the power off Green Pond Road to the community center tract.

On motion by Smith, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the Metropolitan Edison Company easement agreement for the property along Green Pond Road at the community center site.

10. AWARDING OF FIRE TRUCK BID

INFORMATION

The Board needs to approve/disapprove awarding of the fire truck bids.

DISCUSSION

Colver said the new truck arrived late last week which is replacing two trucks that we put out for bid. Colver said there was only one bidder, Jon’s Mid America Fire Apparatus.

On motion by Colver, seconded by Lammi, and agreed by all, the Board awarded the fire truck bid to the sole bidder, Jon’s Mid America Fire Apparatus, in the amount of $20,000 total payment for both the 1982 Pierce Hendrickson vehicle and the 1985 GMC Rescue Truck.

11. SUMMER RECREATION PROGRAM DISCUSSION

INFORMATION

The Board needs to approve/disapprove the recommendation of the Recreation Board to change the age limit for the summer recreation program.

DISCUSSION

Smith said the summer program now allows kids up to the age of 15. Smith said the Recreation Board is recommending changing the maximum age to 13.

On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved changing the age requirements for the township summer recreation program from 5 to 15 to ages 5 to 13.

12. IMPOUND VEHICLE POLICY

INFORMATION

The Board needs to approve/disapprove a revision to the township policy for impound of motor vehicles as recommended by Chief Fretz.

DISCUSSION

Chief Fretz said it’s a minor adjustment to our current policy. Fretz said due to recent court decisions it was suggested that our policy be revised to add “along with contents of any non-secured container within.”

On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved the revision to the township policy for impound of motor vehicles as recommended by Chief Fretz.

13. HAYMONT STREET/LAWNHURST PLANNING MODULE POSTCARD EXEMPTION

INFORMATION

The Board needs to approve/disapprove the planning module postcard exemption.

DISCUSSION

On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the planning module postcard exemption for Haymont Street/Lawnhurst.

14. CHARLOTTE AVENUE/NIC ZAWARSKI AND SONS PLANNING MODULE POSTCARD EXEMPTION

INFORMATION

The Board needs to approve/disapprove the planning module postcard exemption.

DISCUSSION

On motion by Lammi, seconded by Panella, and agreed by all, the Board approved the Charlotte Avenue/Nic Zawarski and Sons planning module postcard exemption.

15. EASTON CENTER LLC ESCROW RELEASE

INFORMATION

The Board needs to approve/disapprove the escrow release for Easton Center LLC.

DISCUSSION

On motion by Lammi, seconded by Smith, and agreed by all, the Board approved escrow release #5 for Easton Center LLC, in the amount of $101,404.60.

16. PALMER ACTIVE ADULT NORTH ESCROW RELEASE

INFORMATION

The Board needs to approve/disapprove the escrow release for the Palmer Active Adult Community.

DISCUSSION

On motion by Smith, seconded by Panella, and agreed by all, the Board approved escrow release #1 for the Palmer Adult Community in the amount of $948,324.

17. STARLITE ESTATES ESCROW RELEASE

INFORMATION

The Board needs to approve/disapprove the escrow release for Starlite Estates.

DISCUSSION

On motion by Panella, seconded by Mitchell, and agreed by all, the Board approved escrow release #2 for Starlite Estates in the amount of $68,816.10.

18. VILLAGES AT MILL RACE, PHASES I, II, III, ESCROW RELEASES

INFORMATION

The Board needs to approve/disapprove the escrow release for Villages at Mill Race, Phases I, II, III.

DISCUSSION

Lammi asked if there were still funds to plant some trees along the bikeway. Jensen said it was covered under category II.

On motion by Lammi, seconded by Smith, and agreed by all, the Board approved an escrow release for Villages at Mill Race in the amount of $53,677.50.

19. TOWNSHIP ENGINEER CAPITAL PROJECT UPDATE

INFORMATION

Brian Dillman will update the Board on capital projects.

DISCUSSION

Dillman said regarding the Greenwood Avenue project he has information on the way to Adams regarding right of way issues. Dillman said we need to discuss the scope of work for Phase I because due to the current petroleum costs the figures have escalated. Dillman said we are looking to delay this until the Palmer Town Center work is completed.

Dillman said the Sales/Northampton Street signals are in place and functioning even though the traveling public isn’t necessarily observing them. Dillman said the work is nearly complete. Lammi asked when coming out of Corporate Drive onto Northampton Street you used to have three lanes and now it’s down to one lane, what happened to the other lanes. Dillman said you have to meet the warrants for additional lanes and the traffic levels do not meet the warrants to justify the lanes at the lighted intersection. Dillman said it will work more smoothly with the signal than it did without the signal.

Dillman said the community center project is moving along and the steel is due in early June. Dillman said we expect the Highway Occupancy Permit from Penndot any day and that will allow the improvements along Bethman Road and Green Pond Road to begin.

Lammi asked about the status of work at VanBuren and Route 248. Dillman said it has not been forgotten but it has been put on the back burner with all the other projects underway. Dillman asked if they should push it ahead on the list. Lammi said no. Lammi said once Fox Run and Glenmoor are occupied it will generate more traffic in that area.

20. PUBLIC COMMENT

None

21. REPORTS

Solicitor

· Bruno had an extension agreement for Glenmoor Reality for public improvements requesting an extension to November 9, 2005. On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved the extension agreement.

· Bruno had an extension agreement for Easton Center LLC requesting an extension until June 30, 2005. On motion by Smith seconded by Panella, and agreed by all, the Board approved the extension agreement.

· Bruno had an extension request from Fairfield Development Association, Hecktown Business Park, to complete land development improvements until September 20, 2005. On motion by Lammi, seconded by Panella, and agreed by all, the Board approved the extension request.

· Bruno said the T&S minor subdivision plan for a 1.4 acre lot was previously approved and they are now prepared to enter into a subdivision improvements agreement. Bruno said security has been posted. On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to execute the subdivision improvements agreement.

· Bruno had five litigation items for Executive Session.

Public Services Director

· Adams had material bids for the community center and distributed the information to the Board. Adams said he recommends the contracts be awarded to the low bidders as follows:

ID2 Wearing – Highway Materials - $64,220.

ID2 Base – ABE Materials - $142,541.

Superpave 25 MM – Highway Materials - $29,300.

Superpave 19 MM – Highway Materials - $15, 150.

#57 Stone – Eastern Industries - $17,780.

2A Stone – Eastern Industries - $71,100.

Adams stated that no one bid on the concrete and it will be readvertised tomorrow.

On motion by Colver, seconded by Smith, and agreed by all, the Board approved the bids as listed above.

· Adams said he received a proposal from CC Inc. for a manual partition in the community room for $25,172. Adams said in the original bid it included an electrical partition that cost $39,600. Dillman said the partition has two panels that make it easy for a person to pull two panels out and lock them together. On motion by Colver, seconded by Lammi, and agreed by all, the Board authorized a change order to purchase a manual partition for the community room in the community center in the amount of $25,172, in place of the electrical partition.

· Adams had one real estate item for executive session.

Supervisors

· Colver showed the Board a preliminary color scheme of the community center. Colver said in the next few days if anyone has an opinion and does not like any particular color to let him know.

Planning Director

· Jensen said she has set up a May 2 greenway plan meeting in the conference r