PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

JUNE 5, 2006

 

A general business meeting of the Palmer Township Board of Supervisors was held on Monday, June 5, 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, Township Solicitor, Township Engineer, and Police Chief.  Sara Mausolf 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 – JUNE 5, 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 June 5, 2006.

 

3.      APPROVAL OF MINUTES – MAY 23, 2006

 

      DISCUSSION

 

      On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the minutes of May 23, 2006.

 

4.      MOUSSA RETAINING WALL REQUEST

 

INFORMATION

 

      The Board needs to approve/disapprove Mr. Moussa’s request for a retaining wall on his property.

 

      DISCUSSION

 

      Gary Brewer and Tonya Moussa were in attendance.  Brewer said he was in attendance to hear the township engineer review of his plan.  Brewer said he spoke with Mr. Anckaitis last week regarding the process.  Brewer reviewed portions of the township code related to fences, walls, and engineering retaining walls.  Brewer said we’ve been talking about engineering retaining walls all along.  Brewer said I didn’t come here to try to overturn the zoning decision.  Brewer said he feels he should have started with the Board of Supervisors instead of going to zoning first.

 

      John Embardino said the Moussa’s attended two zoning hearings, one for a wall they had already put up, and then they came back for another wall and were denied for setback.  Embardino said if they want to appeal the Zoning Hearing Board decision they need to go to the Court of Common Pleas.      

 

      Dillman said the only item under walls in the code that comes before the Board of Supervisors is if a retaining wall is used to hold back slopes.  In this case the Board of Supervisors is responsible for determining if the wall is necessary.  Dillman said from our view of the plan it doesn’t appear that the wall needs to be constructed.  Dillman said an engineering retaining wall is not necessary.  Colver asked what options are available for them other than the retaining wall.  Brewer said one option is we drop back and put a steep slope in and then we’ll have rain water running down over the slope because of the impervious cover we will be adding.  Brewer said we feel the wall is necessary to slow the water down.  Dillman said that is a bad idea.  Dillman said you should drain the area because you don’t want the added weight of the water behind the wall.  Brewer reviewed the plan with the Board. 

 

      Bruno said he feels there are two issues; if it is deemed necessary and the Board looks to the Township Engineer to determine its necessity.  Bruno said if the Board agrees it is necessary there are some zoning issues the applicant cannot get around.  Bruno said if you feel the wall is necessary, Mr. Brewer cannot construct it according to zoning regulations.  Bruno said if the applicant isn’t happy with the Zoning Hearing Board decision his recourse is to go to the Court of Common Pleas.  Bruno said the Board can only tell the property owner if they feel the wall is necessary based on what the Township Engineer determined.  Brewer said he understands what Mr. Bruno is saying and he is okay with having to go to the Court of Common Pleas. 

 

      Lammi referred to the appropriate section of the township code and said the only thing this Board can determine is if the retaining wall is necessary.  Lammi said your request is also to hold back land so it needs to be determined if it is structurally sound.  Lammi said because it is holding something back we need to have the engineer evaluate it.  Smith said he feels this Board cannot determine that this wall is absolutely necessary.  Brewer said he can slope the area and have 1,062 gallons of water run over the edge.  Dillman said regardless of what the Board decides, the homeowner is required to make sure the storm water runoff from his property does not change.  Colver said if the elevation drops one and a half feet the whole issue goes away.  Brewer said we can’t drop the pool because of the slopes in the yard.  Brewer said he can do a bank but the water will run down across the neighbor’s property.  Embardino said the lot has always had water running down the slope and he never recalls any problems from it.  Dillman said the applicant still has to manage the storm water.  They are not permitted to harm the downstream property.  Dillman said putting in a retaining wall and using the area behind the wall is not a good idea.  Dillman said the area behind the wall should not be used to collect storm water.    Colver said the bottom line is does this Board feel the wall is absolutely necessary.  Smith said he doesn’t feel it is necessary.  Lammi said the at last meeting we asked the engineer to evaluate if the wall is built properly.  Dillman said there isn’t enough information provided to determine that.

 

      Smith made a motion to deny the request for a retaining wall at 2440 Woodridge Terrace because the wall is not deemed necessary.  The motion was seconded by Mitchell, and agreed by all.

 

Brewer asked the Board to state the reason for denial was because the request was to manage the storm water coming off the hill.  Bruno said the only decision the Board is making is if the wall is deemed necessary.

 

      Lammi asked the Planning Director to review the wording in the zoning ordinance regarding the definition of retaining walls.

 

5.      REQUEST FROM THE BOROUGH OF FREEMANSBURG TO JOIN THE TWO RIVERS COUNCIL OF GOVERNMENTS

 

      INFORMATION

 

      The Board needs to approve/disapprove the Borough of Freemansburg joining the Two Rivers Council of Governments.

 

      DISCUSSION

 

      Anckaitis said the bylaws of the COG require each active member to approve a new municipality joining the group. 

 

      On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the Borough of Freemansburg joining the Two Rivers Council of Governments.

 

6.   2006 SUMMER EMPLOYEES

 

      INFORMATION

 

      This list of summer employees is for information purposes only.  No action is required.  All hires are as approved in the 2006 budget.

 

      DISCUSSION

 

There is no action required by the Board of Supervisors on this item. 

 

7.   CGI PRESENTATION

 

      INFORMATION

 

      The Board needs to discuss the CGI proposal and approve/disapprove participating in the program.

 

      DISCUSSION

 

      Anckaitis reviewed a program that included website video clips and included banners that would be placed in the township.  Anckaitis said CGI would recruit businesses for advertising on the banners that would cover the cost of the program.  The Board agreed it was a nice idea but Colver cautioned about placing banners in the township.  Colver said for years we have fought advertising in the township.  The Board agreed to take a look at banners in surrounding communities to see if they felt it was appealing before making a final decision.  The item was tabled until the June 27 meeting.

 

8.   STORMWATER PIPE, CURBING, AND EQUIPMENT RENTAL BID AWARDS

 

      INFORMATION

 

      The Director of Public Services will bring his recommendation to the meeting.  The Board needs to approve/disapprove the bid awards.

 

      DISCUSSION

 

      Adams said he’s having trouble confirming the pipe specifications and asked to hold off on awarding of the pipe at this time.

 

      On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved awarding the curbing bid to the sole bidder, Chrin of Delaware, Inc., Palmer, PA, in the amount of $18.00 per linear foot of slip formed concrete curb; and awarded equipment rental bids as follows:  to PAN Companies, Tatamy, PA, 953 CAT Loader at $120/hour, Dirt Roller (IR5D-1000 at $90/hour, and Machine Move at $130/move; and to A. J. Trunzo, Bath, PA, John Deere Lt. Dozer at $85/hour, and Excavator (JD 160LC) at $98/hour.

     

9.   PUBLIC COMMENT

 

      Richard Baranowski, 1025 Friendly Tavern Lane, Forks Township, said he previously attended a meeting and talked about the rats on the Bushkill Creek and the changes that were made to the flow of the creek.  Baranowski said at that time he asked to see copies of the permits from DEP and the Fish and Game groups that were involved in that project.  Baranowski said he wonders if the channel wasn’t changed if he would have had water during the Ivan storm.  Baranowski asked how the water was designed to flow off of Crest Blvd.  Baranowski said the water flows right across Bushkill Drive.  Colver said our Township Engineer reviewed runoff from that development and it also required Penndot HOP approval.  Adams, Public Services Director, said he has requested copies of permits from Trout Unlimited but they have not come across with copies of the permits yet.  Baranowski said the township had their equipment in the creek, so the township should have had a permit.  He also stated the township backhoe was in the creek two weeks ago taking park benches out of the trees.  Adams said Trout Unlimited told him they had obtained the necessary permits and he was waiting for copies.  Baranowski said they changed the channel of the stream.  Smith asked if the channel in the creek was changed more drastically because of what we did at the duck pond, or do you feel the channel was caused by the storms we had.  Baranowski said the rip rap that was put in caused the water to slow down.  Lammi said DEP had to approve how the rip rap was put in.  Baranowski said he’s sure there are no permits.  Lammi said he’s sure the township required the proper permits to have the work completed or we wouldn’t have done the work.  Colver said at this point we don’t know who else to talk to.  Colver said he feels comfortable calling Tom Adams to check on the status of his findings.  Anckaitis said we’ve been in contact with Trout Unlimited several times but they haven’t come across with the copies of the permits.  Anckaitis said we will continue to go after them for copies of the permits.

 

10. REPORTS

     

Solicitor

·        Bruno had an extension agreement for Selvaggio Enterprises requesting an extension until October 1, 2006.  On motion by Mitchell, seconded by Lammi, and agreed by all, the Board authorized the Chairman to sign the extension agreement.

·        Bruno said the Easton Area School District is making progress, but is requesting an extension until November 2, 2006 to complete the required public improvements.  On motion by Lammi, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the extension request.

·        Bruno had one litigation item for executive session.

 

Township Manager

·        Anckaitis asked for thoughts from the Board about holding a Texas Holdem Tournament at the community center.  Anckaitis said it would not be played with money.  It would be like a bridge tournament only playing Texas Holdem.  The Board agreed they didn’t want to do this.

 

Planning Director

·        Jensen said at the last meeting there were questions regarding the pond at Villages at Mill Race.  Jensen said the development is still not at 75% to turn the pond over.  Lammi asked if the second field is ready to be used.  Jensen said she believes at the end of this summer it should be two years of full growth but we haven’t accepted it yet.  Jensen said the Board agreed not to separate the fields from the pond.  Lammi said maybe now that the fields are ready to be used we should consider separating the pond from the fields.  Smith said he feels the one field isn’t up to standards for use.  Lammi asked Jensen to ask the developer what they are doing to get the one field ready for use.  Smith said we need to make sure that these things are done in earlier stages of plans.  Jensen said we are doing this now with new developments. 

 

Public Services Director

·        Adams gave temporary construction agreements for the Greenwood Avenue and Highland Park storm sewer project to the Chairman for signatures. 

 

Police Chief

·        Fretz said a child safety seat check is scheduled for Thursday morning and they will be holding a bike safety program at Tracy school Saturday morning.  Fretz said another safety program is scheduled for St. Paul’s Church next week.

 

Supervisors

·        Smith said baseball is coming to an end and teams have a pool party at Palmer Pool at the end of the season.  Smith said they have the Lehigh Valley Katz run the concession stand.  Smith said the pool charges a fee which is fine; he thinks $250 for up to 50 individuals.  Smith said last year the fee was up to $500 because there was a $1 per person charge for over 50 in attendance.  Smith asked if this additional $1 fee could be waived for the Athletic Association.  Anckaitis said the fee is based on how many lifeguards are needed and maintenance personnel for clean up.  Colver said the coaches shouldn’t be paying money out of their pockets.  Colver said he thinks it is an Athletic Association problem, not the Board of Supervisors problem.  Bruno said shouldn’t the pool break even.  Colver said when you need lifeguards, a pool manager, and a police officer, $250 isn’t going to cover it.  Smith said it’s not an Athletic Association event.  Colver recommended Smith talk about it at the next Athletic Association meeting and possibly ask them for additional funding.  The Board considered charging the adults that attend $1 per person.  Anckaitis said if we make an exception for this group we have to know a similar request will come back to us again when another group wants to use the pool for a party.  Smith said he feels the easy answer is kids are free and adults pay $1 when they enter.  Anckaitis asked if coaches will have to pay.  Smith said kids will be free, adults will pay, whether they are a coach or not.

·        Smith said there are a lot of accidents in the township where two vehicles are involved and there are always left over vehicle parts on the side of the township or state roads.  Smith said there was an accident during Memorial Day weekend at Greenwood Avenue and William Penn and the entire bumper and headlights are still laying on the median strip.  Smith said if I don’t pick it up no one collects the left behind pieces of the vehicles.  Chief Fretz said Penndot is notified to pick up the debris if it is on a state road and if it’s on a township road our road department is told to pick it up.  Fretz said the police are instructed to move it off the road and Penndot is supposed to come and pickup the material.  Fretz said we cannot require the individuals involved in the crash to pick up the material.  Lammi asked if the public works department can pick up the material on state roads.  Colver said can’t we ask public works to just clean them up so it doesn’t sit around the township.  Anckaitis said he believes Penndot should still be notified even if we have our department pick it up.  The Board agreed to notify the state but ask our public works department to remove the debris.

·        Lammi referred to an article in the Morning Call regarding the artificial turf at the Kunkle tract, where it stated permits need to be acquired from the Lehigh Valley Planning Commission, the Conservation District, and the State Department of Environment Protection.  Lammi asked why it didn’t include the township.  Jensen said we told them since there is no structure we would only require information regarding the impervious cover.  Jensen said we need to see what the turf is made of to make a determination.  Lammi said if they have to change the size of the basin shouldn’t the plan have to come to us.  Jensen said if this is impervious to a certain degree it will have to come for a site plan review. 

·        Colver said he will not be at the next scheduled meeting.

·        Panella said she will be on vacation for the next meeting.

 

On motion by Mitchell, seconded by Panella, and agreed by all, the meeting was adjourned at 9:10 p.m. with one litigation item for executive session. 

 

Respectfully submitted,

 

 

Robert G. Anckaitis

Township Manager