PALMER TOWNSHIP BOARD OF SUPERVISORS

REGULAR BUSINESS MEETING

MAY 2, 2005

A regular meeting of the Palmer Township Board of Supervisors was held on Monday, May 2, 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, Township Engineer and Solicitor. Chairman Colver convened the meeting and led those present in the Pledge to the Flag.

2. APPROVAL OF DISBURSEMENT OF FUNDS – MAY 2, 2005

INFORMATION

The reports will be provided at the meeting.

DISCUSSION

On motion by Panella, seconded by Mitchell, and agreed by all, the Board approved the disbursement of funds for May 2, 2005.

3. APPROVAL OF MINUTES – APRIL 26, 2005

DISCUSSION

Lammi added “or from the general fund” to the end of the first sentence on page 3.

On motion by Lammi, seconded by Panella, and agreed by all, the Board approved the minutes of April 26, 2005, with the above change.

4. ORDINANCE AMENDING THE PALMER TOWNSHIP BASIC BUILDING CODE TO REQUIRE SUBMISSION OF A DETAILED INDIVIDUAL LOT GRADING PLAN PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR CONSTRUCTION OF A PROPOSED STRUCTURE

INFORMATION

The Board needs to approve/disapprove advertising the ordinance.

DISCUSSION

Bruno said this is a request to advertise the ordinance. Brian Dillman, Township Engineer, said they asked for this ordinance because they are finding out more and more details in the grading plans are getting lost as the home is constructed. Dillman said the grading plans will allow the township staff to have the engineer review the plans to make sure that the drainage concepts are being followed according to plan. Lammi asked who would be doing the inspections. Dillman said the building inspectors would evaluate the work on site. Lammi asked if it is for single home development or just housing developments. Dillman said it would include any new home construction.

Colver asked Bruno if the township approves this, could it put us on the spot down the road if something goes wrong when someone says the plan was approved by the township. Bruno said this will allow the grading plan to go to the Township Engineer for review. Colver said other municipalities have escrows set up to cover costs. Bruno said like any other subdivision and land development review the township staff and Township Engineer will review it. Bruno said taking on this new responsibility out-weighs not doing it at all. Bruno said the overall benefit will be better in the long run. Smith asked if the Township Engineer review is fine, who goes on-site and makes sure it’s done correctly. Bruno said the ordinance says some professional has to certify that it is correct; a professional surveyor, etc. Lammi asked if an escrow should be established and have it included in the ordinance. Bruno said he was okay with that.

Lammi asked what the rational was in placing it under the building code instead of the Subdivision and Land Development ordinance (SALDO). Bruno said SALDO is for subdivision or land development and land development could be non residential buildings. Bruno said subdivision of a lot would not fall within SALDO. Bruno said he felt it went under building code because it applies to all construction. Colver asked how it applies to a developer who is halfway through building a development. Bruno said an existing developer could say the law that was in effect at the time of their subdivision approval is what applies. Bruno said building homes is a little different and I could support that it apply to any new development. Bruno said it applies simply to construction.

Panella asked how many instances in the last year were there problems. Dillman said he could think of a couple. Panella asked if the percentage of errors justify making this change. Dillman said this step will greatly reduce complaints from residents where this problem comes up.

Anckaitis said Bethlehem Township and Forks Township both have it included in their ordinances and Lower Saucon also had it prior to him coming to Palmer Township.

On motion by Lammi, seconded by Panella, and agreed by all, the Board authorized the Chairman to advertise the ordinance after making revisions discussed tonight.

5. ORDINANCE AMENDING SECTION 190-178A(3) OF THE PALMER TOWNSHIP ZONING ORDINANCE TO PROVIDE THAT POLITICAL SIGNS MAY BE NO GREATER THAN 32 SQUARE FEET IN AREA AND MUST BE REMOVED WITHIN 21 DAYS AFTER THE ELECTION

INFORMATION

The Board needs to approve/disapprove advertising the ordinance.

DISCUSSION

Bruno said this is the result of past litigation. Lammi asked if someone loses the primary can they keep their signs up. Bruno said he stated in the ordinance it has to be taken down whether they win or lose.

On motion by Panella, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to advertise the ordinance.

6. PUBLIC COMMENT

Kevin Gray, Tatamy Road, said he has questions regarding his maintenance bond for his project. Gray said his project went into the maintenance period 18 months ago. Gray said he assumed his public improvements were inspected during this time. Gray said 17 months later my bonding company received a letter from Attorney Bruno stating I was in default of my bond. Gray said he felt he should have been notified before three days of his bond expiration date. Gray said the letter says he’s in default but it didn’t address what the problem was. Gray said I found out the Highway Occupancy Permit is the problem. Gray said he was told by Ted Sales and Penndot that it was resolved. Gray said a neighbor had inquired about his project with Penndot. Gray said for whatever reason it wasn’t closed out properly by Penndot, or by him, and now the township won’t accept it. Gray said he met with Mr. Anckaitis and Ms. Jensen and was told to speak to Penndot. Gray said he spoke to James Potter at Penndot who said when the records were pulled in 1995 they weren’t closed out properly. Gray said Potter said I need to apply for new permits to get this closed out correctly. Gray said he has since applied for the necessary permits and had his excavator on-site today to look at completing the work. Gray said Palmer Township deferred curbing and sidewalks but he was told Penndot doesn’t do deferrals.

Gray said he was asked to extend his maintenance agreement to some time in August. Gray said the bonding company has an issue with an extension. Gray said July 18, 2005 is the termination date for the bond. Gray said he’d like to have his maintenance agreement extended until June 18, 2005 which would give him more than enough time to complete the work and he could keep the current bond.

Gray said Penndot is requiring an eight foot shoulder on the roadway. Gray asked if the township would be asking for another maintenance agreement because of the shoulder of the roadway. Gray said Penndot said they would get him a letter that states they won’t require Gray to enter into a maintenance agreement. Gray said he feels the whole thing was handled poorly with only giving him three days notice of the expiration. Gray said he will ask the Board of Supervisor at the next meeting to not require an extension.

Colver asked what was needed to make sure it works for the May 16 meeting agenda. Bruno confirmed the deadline for bond is July 18, 2005. Bruno confirmed the maintenance agreement expired April 26, 2005. Bruno said if we extend the maintenance agreement to June 18, it will be one month before the bond expires. Dillman asked if he had a new Penndot permit. Gray said he was told he would have it by Friday. Dillman suggested the township get the permit that Penndot signs off on.

Bruno will revise the agreement to reflect June 18 as the expiration date and he will get it to the Board for approval. It was agreed that Mr. Gray did not need to come back to the Board at their next meeting.

7. REPORTS

Solicitor

· Bruno had an extension request from Bethel Memorial Church until December 18, 2005, to complete public improvements. Colver said they ran into a major mold problem which set them back financially. On motion by Colver, seconded by Smith, and approved by all, the Board authorized the extension request for Bethel Memorial Church.

· Bruno said he will need authorization for the Chairman to enter into a land development improvements agreement and land development security agreement with Easton Area School District. On motion by Panella, seconded by Lammi, and agreed by all, the Board authorized the Chairman to execute the agreements.

· Bruno had three litigation items for executive session.

Manager

· Anckaitis had one personnel item for executive session.

Police Chief

· Fretz had one personnel item for executive session.

· Fretz informed the Board that County will be changing the police frequency and it will now be shared by Palmer, Wilson, and Forks Township, for dispatch only. Fretz said there will be a second frequency that will be available for communication other than dispatch. Fretz said it will start next Monday. Fretz said it will probably be a benefit to everyone since we all work closely together.

Supervisors

· Smith said the police department report the Board received was great.

· Smith said the building of the dugouts at Fairview Park has been put off until fall, after baseball season is over.

· Smith said a discussion needs to take place by this Board regarding putting together a committee to review the Recreation Board and Athletic Association process. Smith asked that this be placed on the next meeting agenda. Smith said he’ll put something together and get it to the Township Manager for the meeting agenda. Colver said we talked about the Chairman of the Recreation Board, the Chairman of the Board of Supervisors, and the President of the Athletic Association participating on the committee. Colver said those are my thoughts. Lammi said another person on the committee should be an outsider who doesn’t participate on any of the other committees.

· Colver said last week when we spoke about the community center we discussed having two large banners placed on a trailer close to Route 22. Colver said he talked to a number of people and contractors on-site and no one has a trailer they can give up for an eight month period. Colver said it will cost $125 a month to rent a trailer for a total of $1,000 or we could purchase a trailer for an additional $900. Colver said he talked with the Public Works Superintendent to see if they could use a trailer like this for storage after we were finished with the Community Center. Colver asked what the rest of the Board felt about renting or purchasing a trailer. Kevin Gray, Tatamy Road, said Pallet Express has a lot of trailers sitting up there and you may be able to get one for nothing that they are going to scrap. Gray will check with Pallet Express tomorrow to see if they may have one the township could use.

· Panella commended the Shade Tree Commission, especially Mr. Edinger and Mr. Santee for putting together the Arbor Day celebrations at Palmer and Tracy Schools. Panella said a Cleveland Pear tree was planted at both schools.

On motion by Smith, seconded by Mitchell, and agreed by all, the meeting was adjourned at 8:05 p.m. with three litigation and two personnel items for executive session.

Respectfully submitted,

Robert G. Anckaitis

Township Manager