PALMER TOWNSHIP BOARD OF SUPERVISORS

REGULAR BUSINESS MEETING

MARCH 7, 2005

 

A regular meeting of the Palmer Township Board of Supervisors was held on Monday, March 7, 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 Solicitor, and Police Chief.  Fred Walters from the Morning Call, and Chris Pollock 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 – MARCH 7, 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 March 7, 2005.

 

3.         APPROVAL OF MINUTES – FEBRUARY 21, 2005

 

            DISCUSSION

           

            Bruno added to the end of the sixth sentence of the last paragraph on page 1, “in the typical case.”

 

            On motion by Lammi, seconded by Panella, and agreed by all, the Board approved the minutes of February 21, 2005, with the above change.

 

4.         ARBOR DAY DISCUSSION

 

            INFORMATION

 

            Carl Edinger will be present to discuss Arbor Day activities with the Board.

 

            DISCUSSION

 

            Carl Edinger said the last time they held Arbor Day in the township was in 1967 when they planted the tree that is still in front of the old municipal building. 

 

            Edinger said they would like to hold activities at both Tracy and Palmer Elementary Schools.  Edinger said the funds needed would purchase two trees, a pamphlet for the students, and give each student an apple so they can associate it with a tree.  Edinger added a hemlock tree will be planted at Tracy school and they would be replacing a pear tree at Palmer School.  The trees will be planted by Palmer Nursery and the Parks Department. 

Edinger said they would have a speaker at each school; Deloris Mariello at Palmer, and Holly Mueller at Tracy.  Edinger said both are knowledgeable about trees and plants and will speak at the children’s level.

 

            Edinger said they would like to get funds from the township or any corporate sponsors.  Colver asked if they would like this to become an annual occasion.  Edinger said yes they would.  Colver said if the Board is interested in supporting this event we should begin to budget funds annually to support it.  Edinger said it will cost approximately $800 this year.

 

            On motion by Panella, seconded by Mitchell, and agreed by all, the Board agreed to approve $800 to support this year’s Arbor Day activities, and to begin to budget annually for this event.

 

5.         ACT 192 DELINQUENT TAX COLLECTION RESOLUTION

 

                        INFORMATION       

           

                        The Board needs to approve/disapprove the delinquent tax collection resolution.

 

                        DISCUSSION

 

            Anckaitis said this is a resolution that is required by Berkheimer to allow them to collect these fees for the township.  Anckaitis said a resolution was never required before but there is something new in Act 192 that now makes this a requirement.

 

            On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved the Act 192 delinquent tax collection resolution.

 

6.         ACT 167 STORMWATER MANAGEMENT ORDINANCE

 

                        INFORMATION       

           

                        The Board needs to approve/disapprove the Act 167 storm water management ordinance.

 

                        DISCUSSION

 

      Bruno said the Lehigh Valley Planning Commission in early February circulated a draft ordinance they would like to see adopted which will guarantee compliance.  Bruno said the Board has the draft version in front of them.  Bruno said the final ordinance was reviewed by Pidcock.  Bruno said the LVPC has a deadline associated with the ordinance.  Bruno said he would suggest this item be tabled until he can review the comments he just received from The Pidcock Company.  Bruno said he would hope he would have it completed by the next meeting date.  Dillman said he’s modeled it specifically for Palmer Township’s infiltration requirements.  Bruno said we could either table the item tonight or the Board could approve the draft concept conditioned upon meeting the satisfaction of the Township Solicitor and Township Engineer.  Dillman said this replaces Chapter 158 of the codified ordinance. 

 

      On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the Act 167 Stormwater Management Ordinance for portions of the Bushkill Creek Watershed and the Fry’s Run Study Area, conditioned upon the final ordinance being satisfactory to the Township Engineer and the Township Solicitor.

 

7.         ROBERT AND STEPHANIE BELL – SANITARY SEWER EASEMENT

 

                        INFORMATION       

           

            The Board needs to discuss Mr. Bell’s request to be relieved from the obligation to maintain hazard insurance that names the township as additional insured.

 

            DISCUSSION

 

Bruno said this easement is not quite ready for approval.  There is an issue that came up recently regarding naming the township as an additional insured.  Bruno said he requested the insurance requirement and stated it needed to be updated on an annual basis.  Bruno said Mr. Bell’s attorney has requested the hazard insurance requirement not be part of this agreement.  Bruno said the Board needs to determine whether the liability requirement should or should not be waived.  Bruno said he felt the township should be protected.

 

Colver asked Mr. Bell for specifics.  Mr. Bell said his insurance company said they have never indemnified this type of thing and that they cannot do it.  Lammi said if Mr. Bell was running a business and his waste was running into the sewers that could be hazardous, but this is domestic waste and it’s not considered a hazard.  Lammi said since Mr. Bell can’t get the insurance through his insurer, and there is no hazardous material involved, I don’t see it as a risk.  Colver asked if it was only his property.  Bell said his neighbor declined hooking up at this time.  Colver felt item #3 appeared to protect the township.  Bruno said I’m always trying to protect the township in the best way possible, that’s why I was recommending the insurance.  Bruno said if the Board is comfortable with removing item #4 he would make the necessary changes and bring the agreement back to the next meeting for approval.  Mr. Bell thanked the Board.

 

8.         EASTON CENTER LLC DISCUSSION

 

                        INFORMATION       

           

            The Board needs to approve/disapprove Kaare Birkeland’s request to allow three additional tenants to open for business prior to completing the remaining improvements on 25th Street.

 

            DISCUSSION

 

            Joe Posh, representing the developer, said they met with Penndot last week and provided a schedule to the township for road work.  Posh said in May they will begin the roadwork on 27th and Freemansburg Avenue and it is expected to be completed in 40 days.  Posh said Verizon is beginning their work in the area next week.  Colver asked how long Freemansburg Avenue will be closed.  Posh said approximately 38 days. 

 

            Colver said last time they were here they had approval for Home Depot, Giant and the 20,000 square foot retail building.  Posh said the two important tenants now are the bank and Dairy Queen that would like to open the beginning of May.  Mitchell asked if they were going to trade square footage from the prior approval.  Posh said basically.  Mitchell asked if they wanted to open the Dairy Queen, bank, and the retail space.  Posh said some of the businesses opening dates in the retail space slid out.  Dillman said the Chinese Restaurant and the Cingular store won’t be open, which leaves you with the bank and the Dairy Queen as two new spaces.  Dillman said the best way to address the traffic issue is to check with Penndot to make sure they don’t oppose the opening of these two additional stores with the improvements already in place. 

 

            Bruno asked Dillman if he was recommending this Board only approve what Penndot will agree with.  Dillman said that’s correct. Bruno said when the Board approved the Giant opening you requested the letter of credit be extended to July 31, 2005.  Bruno said that still isn’t done.  Bruno said it still is set to expire March 31, 2004.  Smith said if it’s an even trade of square footage, it’s okay, but I’m not sure I’d go over and above what we’ve already approved.  Mitchell said he won’t approve anything more.  Panella said she wants to see Penndot’s response first.  Smith said he doesn’t see the dental office and vacuum store generating a lot of traffic, but the Holywood Video will.  Lammi said with the two major tenants already open, he hasn’t seen any major traffic issues to date.  Posh said the next stage of the roadwork will be completed in the K-Mart area.  Mitchell said why not complete the improvements first and then come back to us.  Mitchell said there are other contractors in the same predicament, that we hold to their requirements.  Mitchell said we need to keep things on an even keel; if we give it to you the other contractors will come back to us too.  Panella said at the end of January we asked for the letter of credit to be extended and it’s still not completed, it’s taken six weeks. 

 

            Colver asked what the outlining businesses were going to be.  Posh said an Eckert, a WaWa, and a 9,000 square foot building behind that.  Colver said the improvements needed are the widening of lanes in front of Weis Market, and the improvements at 27th and Freemansburg Avenue.   Lammi said if Penndot agrees it is okay, then shouldn’t we rely on Penndot’s advice.  Mitchell said he feels other projects needed to have their roadwork done before they could open; the same should apply with this project.  Lammi said other projects weren’t this complex from a traffic perspective.  Lammi said he didn’t have a problem with swapping off one area for another.  Colver and the Board agreed the developer could trade the two previously approved buildings for the new Bear Rock Café building.  Mitchell said he’s fine with them swapping, but not opening additional buildings, that we didn’t give them approval for.  Posh said if we thought the bank and Dairy Queen would have been done as quickly as they are, we would have included them in our last round with Penndot.  Smith said if you come back with a different Penndot review we’ll revisit.  Colver said the Board’s given their thoughts on this issue.

 

9.         ESTATES AT NORTHWOOD STORM SEWER DISCUSSION

 

      INFORMATION       

     

      Nick Pugliese will be present to discuss storm water issues.

 

            DISCUSSION

 

            Nick Pugliese was in attendance.  Pugliese reviewed the design and size of the piping required.  Pugliese said Pidcock recommended larger piping and now his price was $89,900 in addition to his initial pricing.  Pugliese said he’s willing to spend his cost of $79,800.  Pugliese said he pays his engineer to design, Pidcock to check his engineer’s design and then his engineer to redesign again, and Pidcock to recheck.  Pugliese said he thinks Pidcock should engineer the job and save him the two engineering fees.  Pugliese said he has no commitment from the supervisors on how much the township will spend on their portion of the storm sewer improvements.

 

            Colver said when this project first came to us there was a plan of you eliminating a storm basin by using pipe to carry the storm water into the Northwood storm system to Sandy Lane.  Colver said both times you came to us you said you’d be doing the piping and you may need our assistance with easements from homeowners.  Colver said since then it’s blown into a $500,000 job.  Dillman said the estimate you see is what it’s going to cost him for everything.  Dillman said the $79,800 is the cost of the storm sewer system.  The $89,000 is to upsize the system for what he’s obligated to deal with and discharge it into Sandy Lane.  Colver said we all know we can’t give a developer money to do the work.

 

            Dillman said his first recommendation was a detention basin.  Dillman said the problem is you can’t just release from a detention basin to Northwood Avenue because of the flooding issues on Northwood.  Dillman said the developer will be required to take the water to Wolf’s Run, Sandy Lane.  Dillman said he’s required to build a 12” pipe to take the water.  Dillman said $169,300 is the amount to handle the storm water in the area.  Dillman said this is a rough analysis.  Colver said this Board said we’d help with obtaining easements.  Colver asked how we work around the difference of $60,000 plus engineering costs.  Pugliese said he could pay the township the money and the township could do the work.  Colver said the Township is not in the business to do this type of project.  Dillman said we need to look into the township purchasing the pipe and having the developer install the pipe; or in another instance, we could have a spot along the storm sewer where the township’s contractor would complete the work and then the  developer would pick up from there.

 

            Dillman said at this point we need to get a finished design of the system.  Pugliese said he can have it designed, but he wasn’t willing to pay for Pidcock to check it over.  Pugliese said he’s already checked it three times. 

 

            Colver asked the Public Services Director about funds budgeted for storm water improvements in the budget.  Adams said there may be $30,000 budgeted, but some of that is planned for Catherine Street improvements.

 

            Bruno said he feels the Board can’t commit to the figures until the design is completed. 

 

            Colver said Pugliese is saying we should be paying for Pidcock to review his final plan, not him.  Lammi said he recommends Pugliese has his engineer do the design as discussed with Pidcock, Pidcock will review it and then we’ll have to come up with a strategy on where you stop and we start.  Colver asked if the Board felt comfortable with the significant cost to the township to do our portion.  Bruno asked who’s paying for the review costs.  Colver said Pugliese designs it as already discussed with Pidcock, it goes to Pidcock for review, and the township will pay for the township engineer review.

 

10.       KUNKEL ATHLETIC COMPLEX RECREATION USE EASEMENT AGREEMENT

 

            INFORMATION       

     

      The Board needs to approve/disapprove the recreation easement agreement.

 

            DISCUSSION

 

            Bruno said this document was one of the conditions required of the school district.  Bruno said they are still working on their land development agreement and they’re working with Penndot regarding that review. 

 

            On motion by Smith, seconded by Panella, and agreed by all, the Board approved the Kunkel Athletic Complex recreation use easement agreement.

 

11.       APPOINTMENT OF TOWNSHIP GEOTECHNICAL ENGINEER

 

            INFORMATION       

           

            The Board needs to approve Geotechnical Engineering Solutions, LLC as the new township geotechnical engineer.  Tim Martin previously was the township geotechnical engineer through Powell Harpstead.  Powell Harpstead closed their one office and Tim has now opened his own business and has permission from Powell Harpstead to retain some of his previous clients.

 

          DISCUSSION

 

            Tim Martin was in attendance and said it was a continuation of his services under a new company.  Anckaitis asked about the liability insurance issue that was an issue with Powell Harpstead, and asked if the amount was correct in this agreement.  Martin said he was aware of the liability insurance issue and would work with the township on that requirement.

 

            On motion by Panella, seconded by Mitchell, and agreed by all, the Board approved the appointment of Tim Martin, Geotechnical Engineering Solutions, LLC, as the township geotechnical engineer, subject to the conditions in the agreement being satisfactory to the Township Solicitor.

 

12.       FIRE STATION II - VOTING POLLS DISCUSSION

 

            INFORMATION       

     

      Delmar Grube will be present to discuss the possibility of taking the voting polls out of Fire Station II.

 

            DISCUSSION

 

            Fire Chief Grube said every election the problems are getting worse at the fire station during voting days.  Grube said now there is a business in the area and when we have an election we have no place to park the firemen who are coming in on a call.  Grube said there are people outside handing out materials and at past elections there were people who actually parked in the front and back ramps of the station.  Grube said we’ve tried cones, and people picked them  up and moved them.  Grube said my concern is there is a safety issue.  Grube said he feels it’s time to look at this before we have any real problem. 

 

            Colver asked Anckaitis how we go about informing the County to change the location.  Lammi said the call volume has increased for the fire station and he can agree with us starting to look at another alternative.  Anckaitis will send the form back to the County allowing them to use the location in 2005, and he will set up a meeting with whomever at the County to discuss them moving the location for future years.

 

            On motion by Colver, seconded by Lammi, and agreed by all, the Board authorized the use of Fire Station #2 as a voting poll location for 2005, and that the Township Manager follow up with a letter to Voter Registration to have the location changed for next year. 

 

13.       RECREATION BOARD RECOMMENDATIONS

 

            INFORMATION       

     

      The Board needs to approve/disapprove recommendations from the Recreation Board regarding dugouts for the legion field at Fairview Park and outfield advertising for Palmer Complex fields and the Briarcliff Park field.

 

            DISCUSSION

 

            Smith said there were two issues to discuss.  Smith said at the last Recreation Board meeting they recommended the Board of Supervisors consider placing dugouts at the Legion Field at Fairview Park.  Smith said the material would be donated by Home Depot and the work would be done by the Career Institute of Technology.  Smith said he recommended they go through Planning and Tom Adams to make sure they are in compliance with township requirements.    Smith said the second issue is regarding placing signs on the baseball fields.  Similar to what you see at Easton High School. 

 

            Colver said lets talk about the dugouts first. Adams asked what the timeline was for the baseball field over at the community center.  Adams said if it’s quickly, maybe the dugouts should go there.  Colver asked if once the fields at the community center were done, would hardball stop at Fairview Park.  Colver said they may not be able to play at the community center for a year or two and that the baseball field is not part of Phase I of the community center project.  Mitchell asked if they were being dug-out or on-grade.  Adams said on-grade.  Mitchell said the Recreation Board feels it’s needed and it’s not going to cost us anything.  Adams said for this to get on CIT’s schedule they need to know relatively quickly. 

 

            On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the concept of the dugouts for Fairview Park conditioned upon them coordinating the project with the Public Services Director.

 

            Colver said regarding the signs, most of all our parks are in a residential area.  Colver said I feel we’ve gone to great strides to keep away from signs in the township.  Lammi said some of these tend to look trashy, especially after a few years.  Lammi asked how much revenue the signs create.  Smith said the Recreation Board wanted to give 50% of the revenue to the community center as a donation.  Smith said he’d go back for more information on the signs.

 

14.       25TH STREET SIGNALIZATION PROJECT – CHANGE ORDERS NO. 1 & 2

 

            INFORMATION       

     

      The following change orders are required for the subject project.  The significant changes requested are:  a time extension; removal of the above ground traffic signal north at Palmer Town Center Driveways C and D from the township contract to the Developer’s project; a revised storm sewer alignment on 25th Street (near K-Mart) due to conflicting utilities; and various changes resulting from differing site conditions.

 

      The Board needs to approve/disapprove the contract change orders.  EASD has given their “blessings” to their “work.”  The developer, who is responsible for all work above $1 million, has (not) given their “blessings” for the change orders.

 

            DISCUSSION

 

            Dillman said the time extension is because of the redesign at Wood Street because utilities were in the direct path of the storm sewer.  Dillman said work has been occurring but they can’t get to this work until the weather breaks, which will be very shortly.  Dillman said mid April they will allow the paving work to begin.  Dillman said regarding Driveway C and D, in order to open Home Depot the developer went forward with the permanent signals with their contract with Lehigh Valley Site.  Dillman said as a result, they are already in place and need to be removed from the contract.  Dillman said a transformer and a pole relocation is also included.

 

            Adams said the school district has given their blessing for their changeover costs for a radio study and a conduit under 25th Street.  Adams said Kaare Birkeland said they weren’t going to contest their portion either. 

 

            Dillman said it results in a $9,000 deduction in the total costs.  Lammi said he’s still concerned with not having a left turn arrow when heading south on Greenwood Avenue and making a left onto William Penn Highway.  Lammi said Dillman said he’d go back to Penndot to see if it could be warranted. 

 

            On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved the two change orders for the 25th Street signalization project.

 

15.       PENN’S GRANT SOUTH EXTENSION REQUEST

 

            INFORMATION       

     

      The Board needs to approve/disapprove the sixty day extension request.

 

            DISCUSSION

 

            Colver reviewed the letter requesting the extension of time.

 

            On motion by Smith, seconded by Panella, and agreed by all, the Board approved the sixty day extension request for Penn’s Grant South.

 

16.       SOMERSET VILLAGE ESCROW RELEASE

 

            INFORMATION       

     

      The Board needs to approve/disapprove the Somerset Village escrow release in the amount of $515,613.

 

            DISCUSSION

 

            On motion by Lammi, seconded by Smith, and agreed by all, the Board approved escrow release #10 for $515,613 for Somerset Village, Selvaggio Enterprises, Inc.

 

17.       VILLAGES AT MILL RACE, PHASE I, ESCROW RELEASE

 

            INFORMATION       

     

      The Board needs to approve/disapprove the Villages at Mill Race, Phase I escrow release in the amount of $12,845.03.

 

            DISCUSSION

 

            On motion by Lammi, seconded by Mitchell, and agreed by all, the Board approved escrow release #11 for $12,845.03 for Villages at Mill Race, Phase I.

 

18.       VILLAGES AT MILL RACE, PHASE II, ESCROW RELEASE

 

      INFORMATION       

     

      The Board needs to approve/disapprove the Villages at Mill Race, Phase II escrow release in the amount of $12,845.03.

 

            DISCUSSION

 

            On motion by Panella, seconded by Mitchell, and agreed by all, the Board approved escrow release #6 for $6,591.75 for Villages at Mill Race, Phase II.

 

19.       VILLAGES AT MILL RACE, PHASE III, ESCROW RELEASE

 

      INFORMATION       

     

      The Board needs to approve/disapprove the Villages at Mill Race, Phase II escrow release in the amount of $12,845.03.

 

            DISCUSSION

 

            On motion by Lammi, seconded by Mitchell, and agreed by all, the Board approved escrow release #2 for $319,994.40 for Villages at Mill Race, Phase III.

 

20.       PUBLIC COMMENT

            None

 

21.       REPORTS

 

            Solicitor

·        Bruno had one real estate and one litigation item for executive session.

 

Public Services Director

·        Adams said the water level at the pool continues to drop and it appears the problem is in the deep end of the pool.  Toward the end of March Wade Associates will come in to look into the problem.

 

            Police Chief

·        The child safety seat check is scheduled for Thursday, March 10, at the police station.

·        Computer system has been accepted by Penndot to do file transfer protocol by the computer instead of paperwork.

·        We are starting to use the NIBR’S system that replaces the UCR reporting system for transferring information.

 

Supervisors

·        Colver had one real estate and one personnel item for executive session.

 

            On motion by Smith, seconded by Mitchell, and agreed by all, the meeting was adjourned at 9:00 p.m. with two real estate, one litigation, and one personnel item for executive session.

 

Respectfully submitted,

 

 

Robert G. Anckaitis

Township Manager