PALMER TOWNSHIP BOARD OF SUPERVISORS

REGULAR BUSINESS MEETING

JANUARY 17, 2005

 

A regular meeting of the Palmer Township Board of Supervisors was held on Monday, January 17, 2005, at 7:00 p.m. in the Community Room of the Palmer Library with all supervisors present.  Also present were the Manager, Public Services Director, Solicitor and Township Engineer.  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 – JANUARY 17, 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 January 17, 2005.

 

3.   APPROVAL OF MINUTES – JANUARY 3, 2005

 

      DISCUSSION

 

      On motion by Smith, seconded by Panella, and agreed by all, the Board approved the minutes of January 3, 2005.

 

4.   VILLAGES AT MILL RACE, BRIDGE 62 DISCUSSION

 

      INFORMATION       

           

      Steve Goffredo has requested permission to update the Board on this matter.    

 

      DISCUSSION

 

      Steve Goffredo and Attorney Charlesworth were present.  Goffredo said one section of the concrete bridge is being poured on Wednesday and the development is complete.  Goffredo said the Penndot road widening is complete on the Forks Township side of the road.  Goffredo said the apron will be poured Wednesday and the two abutments, guardrail, and railing on the sidewalk would be installed this week.  Goffredo said 14 days after the apron is poured the bridge will be able to be occupied.

 

      Colver asked who gives the blessing.  Goffredo said Penndot is first and then the county.  Goffredo said there are no issues with Penndot.  Colver said the last time they were in front of the Board they left knowing the Board wouldn’t authorize any certificate of occupancy permits until people were driving over the bridge.  Colver asked where they stood if the bridge isn’t opened in 14 days.   Goffredo said it was his understanding that the Board said it needed to be substantially complete.  Colver said we said completed and people driving over the bridge.  Goffredo said we had some circumstances that delayed Penndot like Hurricane Ivan and the high waters.  Colver asked if they would be able to pour this week with the weather.  Goffredo said they have been using heaters and blankets to maintain the appropriate heat. 

 

      Adams, Director of Public Services, said last week he spoke with Jim Potter, the county permit supervisor for Penndot, and he mentioned some outstanding issues; 1-completion on some items, 2-pending litigation, and 3-the design of the left turn lane since it was eliminated may have some sight distance issues.  Goffredo said the left turn lane was eliminated to resolve the litigation issue.  Dillman said on the bottom of the Penndot permit there is a sign off that Penndot will have to sign.  Dillman said the township needs to have a copy of that signed permit for the township file.  Dillman added it’s Penndot’s sign off of the project.

 

      Colver asked what the timing issue was in the next few weeks for the developer.  Goffredo said they are looking at closing dates of January 25, 26, and 27.  Lammi asked the solicitor if the litigation was filed is it possible they could get a court order to not use the bridge.  Goffredo said the resident used to have a stone apron and now it is blacktop and she’s disagreeing with the additional easement.  Bruno asked who was named in the litigation.  Goffredo said he doesn’t believe its actually been filed.  Dillman said he has to believe, since all this work has been completed in the right of way, that she was just contesting it.  Lammi asked what happens if she moves forward with litigation.  Charlesworth said she’s only challenging the use of the right of way.  Bruno said an injunction would need to be requested by her.

 

      Colver asked what the final number was for the certificate of occupancy permits.  Goffredo said they needed five units by the end of January.  Colver said the initial amount approved in Phase 1 and 2 was 181 and you’re currently at 170.  Lammi said they’ve dealt with the flood and these types of things are out of their control.  Lammi said he didn’t think the Board should say we don’t care, and that he was okay with authorizing five certificate of occupancy permits for the end of the month.  Colver said we need to continue to keep the pressure on until we can drive over that bridge.  Panella said she can go along with the five certificate of occupancy permits but she will continue to be on them to finish the bridge.  Colver also asked the township to consider putting a weight limit on the bridge to reduce the amount of traffic.

 

      Lammi made a motion to authorized certificate of occupancy permits for five units in Phases 2 and 3 of Villages at Mill Race; any further certificate of occupancy permit requests need to come back before the Board of Supervisors prior to the bridge being completed and opened.

 

      Goffredo asked if the bridge is opened if they still need to come back before the Board.  Bruno said if the bridge isn’t done the township will be asking them to post security to insure it gets done.  Colver said the initial approval was for 180 units.  Bruno asked if the Board wanted to revisit at a later date.  Charlesworth said we’re shy of the 180 units by 12.  Bruno said that was for Phases 1 and 2.  Smith said he would like to see Phase 1 and 2 stay as is, and grant the additional five for Phase 3, any more requests need to come back to the Board.  Colver said the maximum number is 180.

 

      Lammi amended his motion so that it would be a motion to authorize the issuance of additional certificates of occupancy permits within Villages at Mill Race Phases I, II, and III up to an amount which does not cause the total aggregate number of certificate of occupancy permits issued for said three phases to exceed 180; any further requests for additional certificate of occupancy permits above the 180 figure while the bridge remains unopened for public use will need to come back before the Board of Supervisors for further review and approval.

 

5.   WHITE FENCE REQUEST

 

      INFORMATION       

     

      Marty White will be present to request permission to place a fence in a drainage easement.

 

      DISCUSSION

 

White said he bought his house in Mill Race and between him and his neighbors property there is a large drainage easement.  White said he and his neighbor would like to put a vinyl fence on their properties.  White said Mr. Adams suggested he move the fence in five feet and if he moved it in five feet and his neighbor moved his in five feet it would be a total of ten feet.  White said they went through Hurricane Ivan and there were no water drainage issues on the properties with all that rain.  White said he didn’t believe the fence would impede the water flow.  The Board reviewed photo’s of the property.

 

On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved Marty White’s fence request for 38 Countryside Court, subject to the property owner entering into an agreement to the satisfaction of the Township Solicitor and the fence location being approved by the Public Services Director.

 

6.   DISCUSSION REGARDING BASEMENT EGRESS

 

INFORMATION       

           

      Jim Raudenbush will be present to discuss the possibility of implementing an ordinance regarding basement egress.

 

DISCUSSION

 

Raudenbush said the state made an amendment to the uniform construction code stating no permits are required unless electrical or plumbing is involved in basement renovations.  Raudenbush said in the past we required an exit in case of fire.  Raudenbush said the state allows us to require it by ordinance and that he researched on the web and saw that other municipalities have made changes through ordinances.  Raudenbush said we can either pursue an ordinance or leave it as is by the state.

 

Colver said he discussed this with Jim last week and asked him to come tonight.  Colver said he feels if there is habitable space in a basement there should be an egress.  Lammi said he agreed.  Colver said people who already have living space in their basements would be grandfathered.  The Board agreed to proceed with drafting an ordinance.  Raudenbush said they would have to draw up an ordinance listing the changes and submit it to labor and industry.  Raudenbush will get the pertinent information to the Solicitor for him to compile the ordinance.

 

7.   RESOLUTION APPOINTING TOWNSHIP AUDITOR

 

INFORMATION       

           

The Board needs to approve/disapprove the resolution appointing Palmer and Company as the township auditor.

 

DISCUSSION

 

      On motion by Lammi, seconded by Panella, and agreed by all, the Board approved the resolution appointing Palmer and Company as the Township Auditor.

 

8.   PLANNING MODULE POSTCARD EXEMPTION FOR BANKO BEVERAGE DEVELOPMENT PROJECT

 

INFORMATION       

           

The Board needs to approve/disapprove the planning module postcard exemption for Banko Beverage development project.

 

DISCUSSION

 

On motion by Mitchell, seconded by Smith, and agreed by all, the Board approved the planning module postcard exemption for Banko Beverage Development.

 

9.   PUBLIC COMMENT

 

      None

 

10. REPORTS

 

Manager

·        Anckaitis asked if all the Board members would be attending the PSATS convention and Sunday evening dinner and everyone replied that the would be attending both.

 

·        Anckaitis said he had received the application for the Economic and Community Development block grants.  Anckaitis said as in the past the township has no projects that would qualify in the low to moderate income level.

 

Public Services Director

§         Adams said he had an extension request from Bethel Memorial Church asking for an extension until May 18, 2005.  On motion by Lammi, seconded by Panella, and agreed by all, the Board approved the extension request.

 

Supervisors

§         Colver said he received a request from the Salvation Army inquiring if anyone would be interested in serving on their Advisory Board.  Panella took the information.

 

§         Colver had one real estate item for executive session.

 

Solicitor

·        Bruno asked the Public Services Director if the Board should discuss a request from Sleepy’s for a temporary certificate of occupancy permit.  Adams said his last conversation with Sleepy’s representatives they stated they were going to proceed with the work that needed to be completed and then they would come for the certificate of occupancy.

 

·        Bruno had an extension agreement for Hillcrest Acres, Phase 2, Section 2, until June 30, 2005.  On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved the extension agreement.

 

·        Bruno had an extension agreement for Hillcrest Acres, Phase 2, Section 3, until April 9, 2005.  On motion by Panella, seconded by Smith, and agreed by all, the Board approved the extension agreement.

 

·        Bruno had an extension agreement for Hillcrest Acres, Phase 2, Section 4, until April 18, 2005.  On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the extension agreement.

 

·        Bruno had an extension agreement for Dunkin Donuts, Route 248, until July 12, 2005, in order for them to complete land development improvements.  Dillman said there are half a dozen things they need to complete.  On motion by Lammi, seconded by Panella, and agreed by all, the Board approved the extension agreement.

 

·        Bruno said he had a modification from a previous Easton Center LLC request that the Board needs to be aware of regarding their financing.  Bruno said they were initially given until June 30 to complete their public improvements and the letter of credit was through July 31.  Bruno said they can only get their letter of credit until May 31, 2005, which means the public improvements need to be completed by April 30, 2005.  On motion by Lammi, seconded by Smith, and agreed by all, the Board authorized the public improvement deadline until April 30, 2005 and the letter of credit deadline until May 31, 2005.

 

·        Bruno had a subdivision maintenance agreement for Wolf’s Run, Phase 8.  On motion by Panella, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the subdivision maintenance agreement.

 

·        Bruno had a maintenance agreement for the Netherland Bulb Company.  On motion by Smith, seconded by Panella, and agreed by all, the Board authorized the Chairman to execute the maintenance agreement.

 

·        Bruno had an extension agreement for Victoria Place Inc., for Victoria Square, Phase 4, until July 31, 2005.  On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the extension agreement.

 

·        Bruno had an extension agreement for Selvaggio Inc., for Somerset Village until June 4, 2005.  On motion by Smith, seconded by Panella, and agreed by all, the Board approved the extension agreement.

 

·        Bruno said he prepared the resolution regarding 100% Purses Inc., confirming the items discussed during their last presentation to the Board.  Bruno said he would get copies of the resolution to the Board for them to review and act on at the next meeting.

 

·        Bruno had six litigation items for executive session.

 

      Lammi asked Bruno where we stood with the outstanding items regarding the school district.  Bruno said the recreation item is completed and signed, and the hold harmless agreement he didn’t see a problem with it being completed by month end.

 

      On motion by Panella, seconded by Mitchell, and agreed by all, the meeting was adjourned at 8:20 p.m. with one real estate item and six litigation items for executive session.

 

Respectfully submitted,

 

 

Robert G. Anckaitis

Township Manager