PALMER TOWNSHIP BOARD OF SUPERVISORS

REGULAR BUSINESS MEETING

AUGUST 23, 2005

A regular meeting of the Palmer Township Board of Supervisors was held on Tuesday, August 23, 2005, at 7:00 p.m. in the Community Room of the Palmer Library with all Supervisors in attendance. Also present were the Township Manager, Director of Public Services, Planning Director, Solicitor, and Police Chief. Joe Nixon from the Morning Call and Ed Sieger from the Express Times represented the news media. Colver convened the meeting and led those present in the Pledge to the Flag.

2. APPROVAL OF DISBURSEMENT OF FUNDS – AUGUST 23, 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 August 23, 2005.

3. APPROVAL OF MINUTES – AUGUST 15, 2005

DISCUSSION

On motion by Lammi, seconded by Panella, and agreed by all, the Board approved the minutes of August 15, 2005 as presented.

4. PLANNING MODULE FOR CHRIN COMMERCE CENTER, PHASE I

INFORMATION

The Board needs to approve/disapprove advertising of the public notice allowing for a 30-day public comment period.

DISCUSSION

On motion by Lammi, seconded by Mitchell, and agreed by all, the Board approved the Planning Module for Chrin Commerce Center, Phase I.

5. FINAL PLAN APPROVAL FOR VILLAGES AT MILL RACE, PHASE IV

INFORMATION

The Board needs to approve/disapprove the final plan for Villages at Mill Race, Phase IV.

DISCUSSION

Bruno said this is being forwarded to the Board by the Planning Commission with recommendation for approval.

Steve Goffredo and David Chismar were in attendance for the developer.

Lammi said at the Planning Commission meeting there was a discussion regarding the recreation area. Lammi said one soccer field is ready to be played on. Chismar said the one field needs about one more year to mature because it was washed out during the rain event last year. Lammi said there was also a discussion regarding the detention basin. Chismar said the one basin isn’t ready to be turned over at this point. Lammi said it was discussed that the township could take over the whole recreation area but the developer would continue to make the necessary improvements. Lammi asked if the parking lot is going to be painted for spaces. Goffredo said it will be striped but he didn’t know if it was their responsibility to have them painted. Colver asked the Planning Director to check into who is responsible. Lammi asked the Planning Director her thoughts on the township taking over the recreation area now.

Jensen said the park is split in different phases. Jensen said she’s not comfortable breaking it up and accepting the whole thing when the second field isn’t ready. Jensen said we won’t be able to keep people off a field that isn’t ready.

Bruno reviewed what is included in each phase of the project. Smith said we’ve always given the developer extensions in the past and now the recreation area has fallen behind. Chismar said unfortunately we had that major rain event that washed out the one field and that’s what has put that field behind.

Lammi asked if we really need to have that soccer field now or can we hold off based on Jensen’s recommendation. Smith said he has letters stating it is needed from the Recreation Board but he trusts Jensen’s recommendation and understands not being able to keep people off of the one field.

Anckaitis said if you’re going to allow one field for organized sports you won’t be able to keep the people off the other field and it will get ruined. Smith said lets just wait and take the fields when they’re ready to be used.

Colver asked for an update on moving the street light on Tulip Court. Goffredo said he spoke to residents. Goffredo said six out of eight residents he spoke with are happy with where the lights are located. Lammi said Jensen received one call against the location from a woman that doesn’t live on Tulip Court. Colver said as long as we have more lights than the plan called for he didn’t have a problem with the light on Tulip Court.

Lammi made a motion to approve the conditional final plan for Villages at Mill Race, Phase IV, conditioned upon the developer satisfying items outlined in the August 5, 2005 Township Engineer letter; all items to be completed as outlined on the township departmental comment sheet dated through June 15, 2005; applicant prepare a subdivision improvements agreement and provide financial security to the satisfaction of the township solicitor. Lammi added the township will not accept the recreation area at this time, but will wait until the second soccer field is ready for use.

Colver asked about the striping of the parking lot. Bruno said it doesn’t need to be in the motion if it’s part of the plan.

Lammi amended his motion that the township accept the offer by the developer to stripe the parking lot. The motion was seconded by Smith, and agreed by all.

6. GAGLIANO REZONING REQUEST

INFORMATION

The Board needs to approve/disapprove entertaining this rezoning request.

DISCUSSION

Jensen said Mr. Gagliano came to the township a month ago to discuss putting an art gallery in his home. Jensen said it would not be for an extraordinary amount of people. Jensen explained the zoning around his property and said this request would be to change zoning from HDR to GC. Colver said he wonders why Mr. Gagliano isn’t just going to the Zoning Hearing Board for a home occupation. Colver said Mr. Gagliano currently has a zoning variance for a catering business out of his house. Lammi said he’s totally against spot zoning for just this one piece of property. Lammi said if it was for the entire area it would be different. Colver asked Jensen to suggest to Mr. Gagliano that he go to the Zoning Hearing Board first.

7. NINETY DAY EXTENSION REQUEST FROM COLONIAL BUILDERS

INFORMATION

The Board needs to approve/disapprove Colonial Builders extension request.

DISCUSSION

On motion by Smith, seconded by Panella, and agreed by all, the Board approved the Colonial Builders ninety day extension request.

8. ANTHONY AND LISA GUDZINAS RETAINING WALL - RIGHT-OF-WAY DISCUSSION

INFORMATION

Bob Lammi suggested this item be discussed. The owners do not need to be present but the right-of-way issue should be mentioned for the Boards approval.

DISCUSSION

Jensen said the Gudzinas’ were before the Board last month and part of what they needed to ask was if the retaining wall could be placed in the township right-of-way. Colver asked how close is it to the road. Smith said it will go almost to the street. Lammi asked if there was a curb. Smith said there is no curb. Lammi said he feels they should only come out to where the curb would be placed.

On motion by Smith, seconded by Panella, and agreed by all, the Board approved allowing the retaining wall to extend to where the curb line would be on the Washington Street property.

9. PENN PUMP PARK REQUEST FOR OCTOBER 2

INFORMATION

The Recreation Board recommends approval of Dawn Johnston’s request to use Penn Pump Park for a benefit open concert for a youth in Palmer Township who has cancer. The Board needs to approve/disapprove the request.

DISCUSSION

Fretz asked how many would attend the event. Kevin Gray stated there are limited resources of power in the pavilion. Colver asked the Public Services Director to get in touch with the individual making the request to get further information.

On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved the use of Penn Pump Park for a benefit concert on October 2, 2005 and waiving the $100 rental fee, subject to approval by the Public Services Director and Police Chief regarding attendance capacity and facility capabilities.

10. RECREATION BOARD WRESTLING PROGRAM AGE RECOMMENDATION

INFORMATION

The Recreation Board recommends approval to change the starting age of the wrestling program to age five. The Board needs to approve/disapprove changing the age requirement.

DISCUSSION

Smith said last year we realized the township’s age requirement was six and the league’s requirement is age five. Smith said we found out that a lot of the kindergarten students are actually only five years old. Colver said they are exhibition at this age.

Lammi said he questions whether a five year old should be wrestling. Lammi said we’re not qualified from a psychological standpoint to make that decision. Panella asked if we don’t allow it can we still be in the league. Smith said if you’re missing weight classes in the league you have to forfeit the weight class. Smith said again, this is a league rule and that’s why the Recreation Board is suggesting it. Smith said we checked with neighboring wrestling programs and they allow age five to participate.

On motion by Smith, seconded by Mitchell, and agreed by four, Lammi voting no, the Board approved lowering the age to five for the township wrestling program as recommended by the Recreation Board.

11. RESOLUTION ACCEPTING STREET LIGHTS IN VILLAGES AT MILL RACE, PHASE I

INFORMATION

The Board needs to approve/disapprove the resolution.

DISCUSSION

On motion by Smith, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the resolution adopting street lights in the Villages at Mill Race, Phase I.

12. RESOLUTION ACCEPTING STREET LIGHTS IN HILLCREST ACRES, PHASE II, SECTION 5A

INFORMATION

The Board needs to approve/disapprove the resolution.

DISCUSSION

On motion by Panella, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the resolution adopting street lights in Hillcrest Acres, Phase II, Section 5A.

13. RESOLUTION ACCEPTING STREET LIGHTS IN HILLCREST ACRES, PHASE II, SECTION 5B

INFORMATION

The Board needs to approve/disapprove the resolution.

DISCUSSION

On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the resolution adopting street lights in Hillcrest Acres, Phase II, Section 5B.

14. RESOLUTION ACCEPTING STREET LIGHTS IN NEW ORCHARD ESTATES, PHASE I

INFORMATION

The Board needs to approve/disapprove the resolution.

DISCUSSION

On motion by Panella, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the resolution adopting street lights in New Orchard Estates, Phase I.

15. RESOLUTION ACCEPTING STREET LIGHTS IN NEW ORCHARD ESTATES, PHASE II

INFORMATION

The Board needs to approve/disapprove the resolution.

DISCUSSION

On motion by Mitchell, seconded by Smith, and agreed by all, the Board authorized the Chairman to sign the resolution adopting street lights in New Orchard Estates, Phase II.

16. RESOLUTION ACCEPTING STREET LIGHTS IN NEW ORCHARD ESTATES, PHASE III

INFORMATION

The Board needs to approve/disapprove the resolution.

DISCUSSION

On motion by Lammi, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the resolution adopting street lights in New Orchard Estates, Phase III.

17. TOWNSHIP ENGINEER CAPITAL PROJECT UPDATE

INFORMATION

Brian Dillman will update the Board on capital projects.

DISCUSSION

Brian Dillman was not present at the meeting. Colver said the community center is progressing on target. Colver said the gas line easement from the school district has been approved, signed, and delivered to UGI. Colver said the township will do the trenching and UGI will do the work. Colver said it looks like the pole relocation project has also started. Colver said we’re still targeting the third week in January for the grand opening.

Lammi asked the Public Services Director for an update on the Hobson Street pond. Adams said he provided information to the Township Engineer and he’ll need to check on the status. Lammi asked about the fence. Adams said the fence has been completed and the path is now open from William Penn Highway to Freemansburg Avenue.

18. PUBLIC COMMENT

Sandra Strausser, 2745 Washington Street, said she’s been a homeowner in the township for 52 years and this is only her second time attending a meeting. Strausser said she heard nothing but positive feedback from Palmer Days. Strausser said her issue is regarding water consumption and why people are charged a minimum requirement and not just charged for the water they use. Strausser asked if the Board could make a suggestion to the Easton Suburban Water Authority so we could pay for exactly what we use. Strausser said she’s been out of town and it’s not fair. Colver asked what amount we’re talking about. Strausser said the minimum amount charged is $22 per quarter. Strausser said she’s contacted Easton Suburban Water Authority on three occasions and they said I should come to you.

Lammi questioned why Suburban would direct her to us. Colver said at a bare minimum we can inquire about it from a township standpoint. Lammi asked the Township Manager to contact Easton Suburban Water. Lammi asked the Township Manager to also find out why they are referring residents to us.

Kate Brandes, 919 Porter Street, Easton, said she works for the Northampton County Conservation District and is representing the Bushkill Stream Conservancy. Brandes said they have a donor willing to donate $10,000 for riparian buffer work on the Bushkill stream. Brandes said there are three components – planting along stream side to enhance what is already there, the second portion is to install split rail fencing, and the third portion is to install educational signs along the creek. Brandes said the Bushkill Stream Conservancy is asking if Palmer Township is interested in supporting the project. Brandes said they aren’t looking for any match, only to know if the township would be interested in offering any in-kind services. Colver said he has no problem with it and feels anything we can do we should get involved. Brandes said work will begin in Spring 2006. Lammi said he would be concerned that they don’t do the work and when the bike path work begins it would ruin what was done by the conservancy. The Board agreed supporting the project and asked that they coordinate with the Public Services Director regarding work being done on the bike path.

19. REPORTS

Solicitor

· Bruno had an extension agreement for Victoria Square IV for an extension until January 31, 2006, in order to complete their public improvements. On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to execute the agreement.

· Bruno had an extension agreement for the developer of Dunkin Donuts on Route 248. Bruno said they haven’t completed all aspects of their public improvements and are requesting an extension until January 12, 2006. On motion by Lammi, seconded by Smith, and agreed by all, the Board authorized the extension, noting it will be the last extension the Board will give them.

· Bruno had a land development improvements agreement for Easton Self Storage with security posted. On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the land development improvements agreement.

· Bruno said he had several resolutions and maintenance agreements for Old Orchard Estates at Stones Crossing:

· Phase I – a resolution accepting Mountain View Avenue as right-of-way in the township. On motion by Panella, seconded by Mitchell, and agreed by all, the Board approved the resolution.

· Phase I – a resolution accepting Toursdale Drive as right-of-way in the township. On motion by Panella, seconded by Mitchell, and agreed by all, the Board approved the resolution.

· Phase I – a resolution accepting Rau Lane as right-of-way in the township. On motion by Panella, seconded by Mitchell, and agreed by all, the Board approved the resolution.

· Phase I – a resolution accepting Hilltop Circle as right-of-way in the township. On motion by Smith, seconded by Panella, and agreed by all, the Board approved the resolution.

· Bruno had a maintenance agreement for Old Orchard Estates, Phase I. On motion by Mitchell, seconded by Smith, and agreed by all, the Board authorized the Chairman to execute the maintenance agreement.

· Phase II - a resolution accepting Cog Circle as right-of-way in the township. On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the resolution.

· Phase II – a resolution accepting Toursdale Drive as right-of-way in the township. On motion by Smith, seconded by Panella, and agreed by all, the Board approved the resolution.

· Phase II – a resolution accepting Rau Lane as right-of-way in the township. On motion by Smith, seconded by Panella, and agreed by all, the Board approved the resolution.

· Phase II – a resolution accepting Southwood Drive as right-of-way in the township. On motion by Smith, seconded by Panella, and agreed by all, the Board approved the resolution.

· Bruno had a maintenance agreement for Old Orchard Estates, Phase II. On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to execute the maintenance agreement.

· Phase III – a resolution accepting Toursdale Drive as right-of-way in the township. On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved the resolution.

· Phase III – a resolution accepting Lantern Place East as right-of-way in the township. On motion by Panella, seconded by Smith, and agreed by all, the Board approved the resolution.

· Bruno had a maintenance agreement for Old Orchard Estates, Phase III. On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to execute the maintenance agreement.

· Bruno had a drainage easement agreement granting easement from the developer to township for Lot 20 of Old Orchard Estates, Phase IV. On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to execute the agreement.

· Bruno had a resolution to accept Stones Crossing Road, Phase V. On motion by Smith, seconded by Panella, and agreed by all, the Board approved the resolution.

· Bruno had one litigation item for executive session.

Planning Director

· Jensen asked the Board if there were any comments regarding the Zoning Hearing Board agenda. There were none.

· Jensen said a meeting has been scheduled with the school district for this Thursday to discuss traffic and signalization.

Police Chief

· Fretz said they were gearing up for school starting on Monday and that he would be attending the meeting on Thursday with the school district to discuss bus schedules and construction. Fretz said we also need to monitor the traffic on 248 with the new signalization. Fretz said around 7:30 a.m. – 8:00 a.m. the traffic is horrendous at five points.

Supervisors

· Smith said football has started.

· Colver said on behalf of the Board I thanked everyone at Community Weekend and followed up with letters to everyone that was involved in making this event such a success.

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

Respectfully submitted,

Robert G. Anckaitis

Township Manager