PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

MAY 23, 2006

 

A general business meeting of the Palmer Township Board of Supervisors was held on Tuesday, May 23, 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, Township Solicitor, Township Engineer and Police Lieutenant.  Sara Mausolf from the Express Times, Joe Nixon from the Morning Call, and Alex Radus from 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 – MAY 23, 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 May 23, 2006.

 

3.   APPROVAL OF MINUTES – MAY 15, 2006

 

      DISCUSSION

 

      On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the minutes of May 15, 2006.

 

4.      NEWLINS MILL ROAD/MILL RACE STOP SIGN PETITION

 

      INFORMATION

 

      The Board needs to approve/disapprove the stop sign request that was tabled at the last meeting.  Information has been provided regarding use of multi-way stop signs.

 

      DISCUSSION

 

      Colver stated this item was discussed last week and was tabled so the Board could go out and look at the area.  Colver said the sign that’s been placed at the bottom of the road near the bike path is understandable.  Colver said he understands this is a collector road and the object is to keep the traffic flowing.  Colver said his opinion is it’s not needed from a traffic standpoint but may be needed from a safety standpoint.  Colver said when coming out ofMill Race you have all the sight distance in the world.  Panella said she drove it today going 25 mph and she had someone on her tail all the way.  Mitchell said if we don’t agree to put up a stop sign maybe we should consider a watch children sign or bus stop sign.  Smith said when he was there no one coming down that road was going into the development.  Smith said he sat there for 15 minutes.  Lammi said the development was designed that Newlins Mill Road would be a collector road to get traffic from that part of the township to Bushkill Drive so it was purposely put in as a collector street.  Lammi said he was there when the school bus came through and he said the bus lights alert everyone on the road.  Lammi said he’s concerned with anyone wanting to cross the road from the south to north side of the road.  A vehicle speeding up the hill may not see the person crossing the road until it’s too late.  Lammi said all the reports we read say a stop sign may not solve the problem because people violate the signs. 

 

      Doug Fehnel, 2010 Newlins Mill Road, said there are nine young children under the age of 10.  Fehnel said as responsible parents we don’t let our kids cross the road but all of their friends live on the other side of the road.  Fehnel said he’s concerned about the speed of the cars traveling the road.  Fehnel said when you’re out getting your mail cars are coming up on you quickly. 

 

      Lammi made a motion that the Board approve the placement of three way stop signs at Newlins Mill Road and Mill Race. 

     

      Davine Regan, 3 Mill Race, asked how long it will take to put the signs up.  Tom Adams, Public Services Director, said it shouldn’t take very long.  We just need to make sure we have the flashing light that is required to notify drivers there is a new stop sign ahead.

 

Andrew Wolke, 21 Country Side Court, asked if an electronic sign would be placed on the road.  Adams explained the white flashing light will be on a sign ahead of the stop sign alerting drivers there is a new sign ahead.  Adams said that flashing sign is required for a sixty day period.

 

Sue Barnes, 5 Mill Race Drive, thanked the Board for their time and effort in looking into this request.

 

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

 

5.   MCLAUGHLIN CURB DEFERRAL REQUEST

 

      INFORMATION

 

      The Board needs to approve/disapprove Tim McLaughlin’s curb deferral request.

 

      DISCUSSION

 

Tim McLaughlin was in attendance.  Colver asked if there is any other curbing in the neighborhood.  McLaughlin said there is a little blacktop berm.  Adams said up hill of the site there are asphalt berms and in the past snow plows have destroyed them and a neighbor complained about water getting in his yard.  Adams said we told that homeowner if it happens again he’d be responsible for replacing the blacktop berm.  McLaughlin passed out a plan for the Board to look at.  Lammi asked if the property uphill from him had asphalt berm.  McLaughlin said yes.  Lammi said if you put curb in the property below you could end up with water run off.  McLaughlin said he’s willing to put the asphalt berm in as everyone else has on the road.  Colver said we can go with a deferral, so if in the future it is required, you would have to put in the sidewalk.  Dillman said he doesn’t remember that this plan was ever actually approved.  McLaughlin said he talked with the zoning department and was told as long as he goes by this plan he would be fine.  Colver said John Embardino, Zoning Administrator, would know.  Bruno reviewed the process the plan went through about a year ago. 

 

On motion by Colver, seconded by Lammi, and agreed by all, the Board approved a deferral for curbing at 2119 Gruver Avenue.  Colver recommended Mr. McLaughlin touch base with the zoning department to confirm that everything is in line regarding the property.

 

6.   MOUSSA RETAINING WALL REQUEST

 

      INFORMATION

 

      The board needs to approve/disapprove the retaining wall request.

 

      DISCUSSION

 

      Gary Brewer and Michael Moussa were in attendance.  Brewer said back on August 22, 2003 we received a driveway permit with a permit to build a 24X16 addition on the house.  Brewer reviewed the drawing with the Board.  Brewer said last year we received a call from the zoning administrator saying our wall was too high.  Brewer said we applied for a variance and went to the Zoning Hearing Board last month and were denied the request to extend the retaining wall.  Brewer said we’re not intentionally trying to do anything wrong.  Brewer said when we went back to zoning we asked for an extension of the wall until we meet an equal point.  Brewer said if we put a fence above the wall it would be a seven foot wall instead of four foot.  We are asking if we can continue this wall and it will reach four 4 foot high and meet the height limitation. 

 

      Smith said if you put the wall up four feet will you still put the fence up.  Brewer said not where the wall is but on the side line we would.  Smith said what about someone falling off the wall.  Brewer said we have a landscaped barrier there.  Colver asked if the Zoning Administrator said anything about impervious cover.  Brewer said he did question if it would be an issue and Brewer said that’s why we did these plans.  Dillman said you cannot hinder the runoff of where the storm water exits the property and said there are limitations regarding changing the slopes of the property. 

 

      Bruno asked who directed them to the Board of Supervisors.  Brewer said the code states retaining walls needs to be determined by the Board of Supervisors.  Bruno asked if the wall was approved by the Township Engineer.  Brewer said no one requested it.  Bruno asked if this application is the same as what went before the Zoning Hearing Board.  Brewer said yes except now we’re requesting an additional foot in height.  Bruno said he feels it should go through the planning department before it comes to the Board of Supervisors.  Lammi said unfortunately the ordinance states they need to come to this Board.  Bruno said he doesn’t believe the Board of Supervisors should be making an engineering decision without input from the Township Engineer.  Lammi said retaining walls we looked at in the past were not holding back slope in addition to water.  Lammi said he feels this request is different from what we’ve seen in the past and he thinks the engineer should take a look at the wall.

 

      Colver asked them to get a copy of their plan back to John Embardino to have our engineer review it.  Colver said an escrow account will need to be set up to cover the engineering review costs.  Brewer asked for a cost associated with the engineering review.  Colver said probably a couple hundred dollars.

 

      On motion by Lammi, seconded by Smith, and agreed by all, the Board tabled the item until it is reviewed by the Township Engineer.

 

7.      ATUL AND HANSA KHARECHA MINOR SUBDIVISION CONDITIONAL APPROVAL

 

      INFORMATION

 

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

 

      DISCUSSION

     

      Don Frederickson and Bob Cahill were in attendance.  Frederickson said Mr. Cahill is the equity owner of the property we are subdividing.  Frederickson said the property is on the south side of Nicholas Street next to the Morello funeral home.  Frederickson said we are proposing to subdivide a 3.3 acre lot into two lots, lot 1 consisting of 2.3 acres including a multi-level industrial building with parking and lot 2 consisting of 1.0 acre for future development.  Lammi said the Planning Commission said they do not agree with deferral for sidewalk.  Lammi questioned what the other lot will be used for.  Cahill said that property will still be owned by Mr. Kharecha.  Lammi suggested we defer the sidewalk for one year to give the neighbor time to finalize plans for that property.  Lammi said he hates to see sidewalk go in for one property now and get torn up again in a year from now when the neighbor does construction.  Bruno questioned if the request is from Mr. Cahill or Mr. Kharecha.  Frederickson said it is Mr. Cahill.  Bruno asked which party is to be bound to the township, Mr. Cahill or Mr. Kharecha.  Frederickson said Kharecha still owns the land but Mr. Cahill will secure for it.  Frederickson said Atul Kharecha is the owner and applicant shown on the plan. 

 

      Dillman said we wanted to make sure sufficient parking was on the lot and the plan now shows it is okay.  Dillman said the dedication of right-of-way is covered under a waiver.

 

Lammi made a motion to approve the minor subdivision conditional approval for Atul and Hansa Kharecha with the following conditions:  the applicant fulfill the items outlined in the Township Engineer’s letter dated March 9, 2006; the applicant enter into a subdivision improvements agreement to the satisfaction of the Township Solicitor; and the applicant provide financial security in a form acceptable to the Township Solicitor; the township grants a waiver for Section 165-59.F(1) as it relates to dedication of right-of-way and for Section 165-74.A(1) as it relates to providing a monument at the intersection of the proposed lot line with the Nicholas Street right-of-way.  The Board granted a deferral related to the installation of sidewalk along Nicholas Street only as it relates to lot 1 for a one year period.  The sidewalk deferral does not relate to lot 2.  If no action is taken on that property within one year the applicant will be required to install sidewalk on lot 1.  The motion was seconded by Smith, and agreed by all.

 

The Board had a brief discussion and Lammi amended the motion, seconded by Smith, and agreed by all, to modify the initial motion to include a waiver for recreation fees for lot 1.  After additional discussion, Lammi amended his motion to include a waiver of recreation fees for both lots 1 and 2.  The motion was seconded by Smith, and agreed by all.

 

8.      CAHILL PRELIMINARY/FINAL LAND DEVELOPMENT PLAN

 

      INFORMATION

 

      The Board needs to approve/disapprove the preliminary/final land development plan.

 

      DISCUSSION

 

      Frederickson said this is for a one acre lot and we are proposing a two story office building for professional type use with parking.  Frederickson said we’ve gone through Planning.  Frederickson said there are some attractive trees on the front of the property and we are asking that we be able to transition the sidewalk accordingly to save these trees.  Frederickson reviewed the plan with the Board regarding driveway and sidewalk.

 

      Dillman said there are some waiver requests that were recommended by the Planning Commission.  Lammi said the Commission is recommending a three rail split fence rather than galvanized.  Frederickson said that’s not a waiver.  It’s allowed in the ordinance for around the detention pond.  Colver said it’s a one acre lot which requires a $3,000 recreation fee and asked about traffic issues.  Frederickson said they are required to extend the water line.  Colver asked if there is sewer and gas on the property.  Frederickson said yes they are both on our frontage.  Mr. Morello stated when he built his building he had to bring gas down to his property and he didn’t think it went down to their property.  Frederickson said the plan isn’t showing gas.  Colver said after they complete their work what is going to be left for the township to do on the roadway.  Dillman said what they are doing is standard trench work.  Dillman said there will be traffic trips added to the area.  Colver asked about the cost associated with the new fire hydrant the township will need to take over.  Cahill questioned the need for another hydrant when there is one down the road.  Lammi said because the building will have a sprinkler system the hydrant needs to be within 100 feet.

 

      On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the preliminary/final land development plan with the following conditions:  the applicant comply with items outlined in the Township Engineer’s letter dated May 5, 2006; fulfill department comments dated March 8, 2006; satisfy all conditions outlined in the Zoning Hearing Board decision letter dated May 8, 2006; the applicant enter into a subdivision improvements agreement to the satisfaction of the Township Solicitor; the applicant provide financial security in a form acceptable to the Township Solicitor; the township approve a waiver for Section 165-59.F(1) as it relates to the dedication of right-of-way; approve waiver for Section 165-63.K(5) as it relates to the minimum grade of the bottom of the detention pond; approve waiver of Section 165-63.N(1) as it relates to the minimum pipe diameter for the storm sewer; approve waiver for checklist item C.4 as it relates to showing various features 200 feet beyond the property line.  The township accepted a voluntary contribution of $1,000 for future maintenance associated with the new fire hydrant, recreation fees in the amount of $3,000 per acre shall be imposed against the developer as it relates to the lot upon which this structure will be built, i.e., lot 2. 

 

9.      POLICE DEPARTMENT POLICIES

 

      INFORMATION

 

      The Board needs to approve/disapprove the policies.

 

DISCUSSION

 

      Anckaitis said after the grand jury released their feedback regarding the Easton Police Department he reviewed policies with our department.  Anckaitis said the Use of Force policy has small revisions and the Safe Handling of Fire Arms and Transportation and the Conduct policies are new policies.  Anckaitis said he reviewed them and Lt. DeMarco did a very thorough job of compiling the policies.

 

      Lammi said the Use of Force policy in the second paragraph talks about consequences if the policy is not followed.  Lammi said it is also stated in the Conduct policy.  Lammi suggested something like this be added to the Safe Handling of Firearm policy too.  The Board agreed.

 

      On motion by Panella, seconded by Mitchell, and agreed by all, the Board approved the police department policies regarding Use of Force, Safe Handling of Firearms, and Conduct with the one revision.

 

10.  TOWNSHIP ENGINEER CAPITAL PROJECTS STATUS REPORT

 

INFORMATION                   

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

 

      DISCUSSION

 

      Dillman said they will be filing an application with Bethlehem Township requesting that we be able to use non-synthetic liners in the detention basins.  Dillman said Bethlehem Township requires synthetic, which are very costly and we don’t feel they are necessary.  Dillman said the Township Manager sent a letter to Bethlehem Township with the request and they have said they will entertain our request.  Dillman said he will be attending their June 26th Planning Commission meeting.

 

      Colver said the next 400 foot section of right-of-way fence was completed today at the community center and they are ready for the next section.  Colver said Chrin has agreed to pay for the next section to finish it to the bridge.  Colver said next year we’ll have the footage on the other side to do.  Colver said outdoor lighting is 99.9% complete and the western parking lot is complete with 59 additional spaces.  Colver said Palmer Nursery is moving in at the end of this week for landscaping.  After the landscaping work, Chrin will take over from the building out to the curb line with grade and seed.

 

      Dillman said Highland Park plans will be delivered to the Public Services Director for review within ten days and then we’ll be ready to go out to bid.  Lammi asked when they anticipate being able to go out for bid.  Dillman said bids should go out the middle of June.

 

11. PUBLIC COMMENT

 

      Bob Gumlock, 109 Berks Street, confirmed the Highland Park project will start the end of July.  Dillman said that’s optimistic.  Lammi asked if the project is phased that the main line is completed first.  Dillman said yes.  Gumlock asked when the curbing will be put in.  Dillman explained the process that will be followed.  Gumlock also asked if there are any plans to lower the speed limit on Freemansburg Avenue.  Gumlock said it’s currently 40 mph and in Bethlehem Township near Miller Heights it is 35 mph.  Colver said we would have to petition the state to get it lowered and it’s never been brought up before.  Gumlock said it’s hard to get out on Berks Street.  Colver said once the light is in you’ll only be able to do a right in right out on Berks.

 

12. REPORTS

     

Solicitor

·        Bruno had an improvement agreement for Phase 4 of the Villages at Mill Race.  On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the agreement.  Lammi asked where we stand on the pond at Mill Race.  Dillman said they haven’t started the improvements yet.  Lammi said he wants to see some activity up there.  The Board agreed to withdraw the motion until they get some answers regarding the detention pond.

 

Township Manager

·        Anckaitis said a person has asked if the Board would be interested in selling four lots on Mine Lane Road near the peripheral of the gardens.  Anckaitis said there used to be a pumping station on the property.  The Board agreed they were not interested in selling the property.

 

Supervisors

·        Colver said the fire department meeting was last night and the specifications for the new truck should be ready in the next week or two.  Colver said the by-laws committee said the by-laws are in final form to be reviewed at their June meeting.  Colver said policy requires them to be at three meetings before final approval.

·        Panella said Stan Buzz called to remind us of the Memorial Day Service on Saturday, May 27, 2006 at 8:45 a.m. at the Memorial Shrine and asked for us to say a few words. 

·        Mitchell had one litigation item for executive session.

 

On motion by Panella, seconded by Mitchell, and agreed by all, the meeting was adjourned at 9:05 p.m. with one litigation item for executive session. 

 

Respectfully submitted,

 

 

Robert G. Anckaitis

Township Manager