PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

APRIL 17, 2006

A general business meeting of the Palmer Township Board of Supervisors was held on Monday, April 17, 2006 at 7:00 p.m. in the Community Room of the Palmer Library with all Supervisors in attendance. Also in attendance were the Township Manager, Director of Public Services, Planning Director, Police Lieutenant, and Township Solicitor. Sara Mausolf from the Express Times and Christina Georgiou from the Easton News represented the news media. Colver convened the meeting and led those present in the Pledge to the Flag.

2. APPROVAL OF DISBURSEMENT OF FUNDS – APRIL 17, 2006

INFORMATION

The report 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 17, 2006.

3. APPROVAL OF MINUTES – APRIL 3, 2006

DISCUSSION

Bruno changed the fourth to last sentence on page three, item six, the word “disbarred” to “debarred.”

On motion by Panella, seconded by Mitchell, and agreed by all, the Board voted to approve the minutes of April 3, 2006, with the above change.

4. MOSKELLA MINOR SUBDIVISION CONDITIONAL APPROVAL

INFORMATION

The Board needs to approve/disapprove conditional approval for the minor subdivision.

DISCUSSION

Tom Moskella, Sr., Tom Moskella Jr., and Engineer Don Frederickson were in attendance. Frederickson said the plan complies with everything other than us asking for deferral for street trees.

Lammi made a motion to approve the minor subdivision conditional approval for Thomas and Ellen Moskella with the following conditions: applicant fulfill items outlined in the Township Engineer letter dated March 9, 2006; the applicant fulfill comments outlined in the township departmental comment sheet dated March 8, 2006; applicant make payment of $1,400 for recreation fees; applicant prepare a subdivision improvements agreement to the satisfaction of the Township Solicitor; the applicant provide financial surety in a form acceptable to the Township Solicitor; the township grant a deferral related to Sections 165-75, 165-69, and 165-59.C(2) of the zoning ordinance regarding installation of concrete curb, sidewalk, driveway aprons and pavement widening and street trees; and a waiver related to Section 165-74 of the zoning ordinance regarding placement of concrete monuments.

Bruno noted the applicant will need to enter into a subdivision improvements agreement, not prepare the agreement. Lammi amended his motion for the applicant to enter into a subdivision improvements agreement to the satisfaction of the Township Solicitor; it was seconded by Smith, and agreed by all.

5. RICHARD LASLO AND MOST REVEREND WELSH LOT LINE ADJUSTMENT PLAN

INFORMATION

The Board needs to approve/disapprove the lot line adjustment.

DISCUSSION

Rick Laslo, Engineer Don Frederickson, and Attorney Tamer, were in attendance. Frederickson said this is related to a parcel on Nicholas Street being transferred from the church to Mr. Laslo. Colver asked if this will continue to allow the required space around the existing tower near this property. Amanda Jensen, Planning Director, said it would. Frederickson said we are requesting deferral for sidewalk and street trees. Tamer reviewed the plan and deferral request for sidewalk with the Board. Lammi said he doesn’t feel an existing pole would be required to be moved just because we’re putting in a sidewalk. Lammi said there are other locations in the township where we have poles on a sidewalk. Tamer said if we could have something from the Board that would state we wouldn’t need to move the pole that would help financially. Colver asked if the tower was granted a deferral or waiver back when it was approved. Jensen said she would have to look at the plan. Colver asked if the last Laslo plan included a deferral or waiver. Laslo said his addition was done twenty years ago. Jensen said the tower was approved by the Zoning Hearing Board in 2000 and never went through the planning process. Tamer said we contacted the church regarding sharing in the cost but they refused. Colver asked for a consensus of the board for the sidewalk deferral. Mitchell said we required sidewalks from other applicants and he feels this should be treated the same way. Brian Dillman, Township Engineer, said the Board has the authority to require other residents in the area to put in sidewalks too if you feel they are needed. Lammi said if this applicant is required to put in the sidewalks we should work with the other property owners in the area to put in sidewalks. Frederickson asked if they could ask for a deferment up to the time the township requires sidewalks from other residents on the street. Bruno said the Board has the right to impose this requirement on the applicant. Bruno said if you defer it, who do you tie it to - Mr. Laslo or the church. Bruno said you need to decide if you want to get this applicant now or structure it as a deferral to be done in the future. Lammi said he feels our long term goal should be to connect all the sidewalks on the street. Lammi said this plan gives us the opportunity to move forward with this goal. Lammi asked if we defer could we still hold Mr. Laslo responsible for the area in front of the Catholic Church. Bruno said he feels because it is associated with this request, and the lot line adjustment, it could be held accountable to this plan. Bruno said if deferred for sidewalk, as it relates to both lots, there will be no indication on the plan that the Laslo property would have an obligation to do more than what is on the Laslo property. Bruno said if someone was buying the church property how would they know about something like this applying to their property. Bruno said the best way would be to put it on record so if anyone would buy the Laslo property they would know the requirement goes with the land. Bruno said he’s confident it can be done. Colver said this will become a tangled web to try to figure out years from now. Laslo said some of my neighbors won’t want to put sidewalk in. Lammi said when it’s regarding a public safety issue we can require the property owner put the sidewalk in. Lammi said he still feels the sidewalk should be put in, it’s just a matter of now or later. Mitchell said he feels they should be required to install it but allowed a longer time period to complete it. Bruno said with security posted the township will be protected. Tamer said if the township is going to pursue the other property owners we could perhaps share in the costs with them.

Lammi made a motion to approve the lot line adjustment for Richard Laslo and Most Reverend Thomas J. Welsh with the following conditions: the applicant fulfill items outlined in the Township Engineer letter dated March 9, 2006; applicant fulfill the items outlined on the township departmental comment sheet dated March 8, 2006; the applicant prepare a subdivision improvements agreement to the satisfaction of the Township Solicitor; the applicant provide financial surety in a form acceptable to the Township Solicitor; the township grant a waiver for Section 165.59 as it relates to the dedication of right-of-way; and a deferral for Section 165.73 as it relates to the installation of street trees along Nicholas Street; the Board does not recommend deferral of zoning ordinance 165.69 as it relates to sidewalk installation but will allow the applicant until the end of 2007 for completion.

Bruno recommended amending the motion that the applicant will need to enter into a subdivision improvements agreement to the satisfaction of the township solicitor, rather than prepare it. Bruno also recommended the motion reflect the deferral request for sidewalk installation be denied with the extended time frame for installation being the only special stipulation. Lammi amended his motion.

Colver asked if the plan reflects the responsibility on both properties. Bruno said the sidewalk is shown on the plan. Bruno asked if Laslo Custom Kitchens is the applicant or if it is both the church and Laslo. Tamer said they both signed the application. Bruno read the agreement of sale to the Board between the Roman Catholic Diocese and Laslo. Bruno said the township doesn’t require both property owners as the applicant. Bruno said the applicant has to sign the agreement and post security and this agreement ties it to both Laslo and the Church. Tamer made the amendment that the applicant is imposed only on Laslo Custom Kitchen Inc. Bruno said a note needs to be indicated on the plan regarding the 2007 requirement for sidewalk installation.

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

6. TOWNSHIP INTERNET AND ELECTRONIC MAIL POLICIES

INFORMATION

The Board needs to approve/disapprove the policies.

DISCUSSION

Lammi asked to change the last sentence in item number eight of the Electronic Mail Policy to read: “Any exception to this policy must receive prior approval by the Township Manager.” Lammi also suggested adding a statement saying any township related email is considered a public document.

Bruno noted in the Electronic Mail Policy he would recommend item number ten only include the first sentence and delete everything else. Bruno said there is too much left for discussion regarding business use versus incidental use. Bruno said he would recommend we totally separate the two between business and personal. Anckaitis said he gave this a great deal of thought because it causes problems no matter which way you write it. Anckaitis said if you don’t allow some incidental use, it’s just like an employee making a personal telephone call, some of it has to happen and you can’t stop it totally. Anckaitis said you will be disciplining people every day. Bruno said the policy throughout states it is township property. Bruno said what I do is look for loopholes in policies or laws and I feel number ten could be used as a loophole and you might as well not adopt a policy at all. Anckaitis said I’ve always been a firm believer that you shouldn’t write a policy you can’t enforce. Anckaitis said I’m going to have a hard time enforcing it. Bruno said since this is a personnel issue he feels it should be discussed further in executive session. Lammi said we can argue that we should have a policy on telephone use too. Anckaitis said he doesn’t have a problem taking it out as Bruno recommends. Panella said as far as I’m concerned it’s for business use only. Panella said if it’s being abused you’ll find out anyway. Panella said it is for business only. Bruno said he feels there are additional issues he would like to discuss with the Board in executive session. Colver tabled the item for discussion at a future meeting.

7. TOWNSHIP ENGINEER CAPITAL PROJECTS STATUS REPORT

INFORMATION

The Township Engineer will update the Board on the status of all capital projects.

DISCUSSION

Dillman said bidding for the Highland Park storm water project will be in May and we anticipate construction to start in late June or early July.

Colver said outside work is proceeding at the community center. Colver said electrical work and landscaping will be starting over the next few weeks.

8. PUBLIC COMMENT

Karl Edinger, Shade Tree Commission member, said they would like to hold Arbor Day this year at the new community center. Edinger said the committee would like to place a concolor fir tree at the northeast corner of the building. Edinger described the tree to the Board. Edinger said at their last meeting they worked on a landscaping plan for the community center and made some revisions to the plan. Edinger said the date for Arbor Day is Thursday, April 27, at 11 a.m. Edinger said 12 to 15 trees will also be planted on Southwood Drive this spring, beginning in the next month.

9. REPORTS

Solicitor

· Bruno had an extension agreement for Glenmoor Realty requesting an extension until November 9, 2006, to complete improvements. On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved the extension agreement.

Planning Director

· Jensen referred to the upcoming Zoning Hearing Board agenda and pointed out the request of Cahill Properties, LLC regarding relief from parking requirements. Lammi said maybe it is time to look at the parking portion of the zoning ordinance to make sure its compatible with other areas.

Supervisors

· Colver thanked everyone who was involved with the egg hunt on Saturday. Colver said it’s another good thing that we do in Palmer.

· Panella thanked the township for taking down all the signs along Northwood Avenue and VanBuren Road.

On motion by Panella, seconded by Mitchell, and agreed by all, the meeting was adjourned at 8:27 p.m. with one item for executive session.

Respectfully submitted,

Robert G. Anckaitis

Township Manager