PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

JULY 25, 2006

 

A general business meeting of the Palmer Township Board of Supervisors was held on Tuesday, July 25, 2006 at 7:00 p.m. in the community room of the Palmer Library with three supervisors in attendance.  Michael Mitchell and Robert Smith were absent.  Also in attendance were the Township Manager, Public Services Director, Planning Director, Township Engineer, Township Solicitor, and Police Chief.   Joe Nixon from the Morning Call and Derek Moench 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 – JULY 17, 2006 AND JULY 25, 2006

 

      INFORMATION

 

      The report will be provided at the meeting.

 

      DISCUSSION

 

      On motion by Panella, seconded by Smith, and agreed by all, the Board approved the disbursement of funds for July 17, 2006 and July 25, 2006.

 

3.      APPROVAL OF MINUTES – JUNE 27, 2006

 

      DISCUSSION

 

      Lammi added to the third to the last sentence under “discussion” for item number eleven, on page 4, “to protect utilities”.

 

      On motion by Lammi, seconded by Panella, and agreed by all, the Board approved the minutes of June 27, 2006. 

 

4.   KOCSIS MINOR SUBDIVISION PLAN

 

      INFORMATION

 

      The Board needs to approve/disapprove the minor subdivision plan.

 

      DISCUSSION

 

      Jensen reviewed the applicant’s plan that proposes to subdivide a 7,200 square foot vacant lot into two 3,600 square foot lots for the construction of two single family semi-detached dwellings along the east side of Craigie Street.  Jensen said the Planning Commission recommended a deferral for sidewalk.  Jensen said the 40 foot right-of-way was also discussed.  Dillman said there are some issues with storm water and he is waiting for additional information on storm water run off. 

 

Jeffrey Ott, engineer and Jason Kocsis, the applicant, were in attendance.  Ott reviewed the plan with the Board.  Lammi said we can’t take any action as far as the storm water.  Ott said the applicant doesn’t have a problem putting the curb in if necessary. 

 

      On motion by Lammi, seconded by Panella, and agreed by all, the Board approved conditional approval of the Kocsis minor subdivision plan conditioned upon the applicant fulfilling the requirements outlined in the township engineer’s letter dated July 7, 2006, and 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 defers sidewalk along Craigie Street and the existing 40 foot right-of-way will be maintained.  The applicant will be responsible for recreation fees for both units.

 

5.   REZONING REQUEST FOR ROSEMONT

 

      INFORMATION

 

      The Board needs to approve/disapprove the rezoning request.

 

      DISCUSSION

 

      Bruno noted the request is if the Board is willing to entertain the rezoning request.

 

      Attorney Stan Margle, Cliff Johnston, Selvaggio Enterprises, Paul Penzak, engineer, and Chris Hay, architect were in attendance.  Johnson said they are requesting to rezone a parcel located on the south side of William Penn Highway immediately adjacent to the Rosemont Shopping Center from High Density Residential (HDR) to General Commercial (GC).  The applicant is proposing construction of a single 8,500 square foot two-story building housing two commercial retail spaces on the first floor and four offices above.  Johnson said he’d appreciate any feedback from the Board.

 

      Colver said we’ve seen pieces of this area in the past.  Colver said without any time for review from the engineer’s office it’s hard for us to comment.  Colver said we are here to decide if we are willing to entertain the rezoning request.  Colver said we need to consider pieces of zoning around this property.  Lammi said this makes more sense to look at this as General Commercial rather than High Density Residential.  Colver said it will affect the hair salon, the realtor, and the dentist office and could also affect a few residents in the area.  Lammi said William Penn Highway is really no longer residential, except for a few pockets.  Colver said he would like to see a larger view of the area around this parcel to insure conformity within the neighborhood.  Bruno reminded the Board that in the past they required the applicant submit a land development plan and establish escrow.  Colver said he doesn’t want to do that until we look into the neighboring properties.  Lammi said let’s have the planning director review the properties around this parcel.  The Board agreed to table the item until further review and to place it back on the August 29 agenda.

     

6.   NISKI STREET TREE CONSIDERATION

 

      INFORMATION

 

      The Board needs to approve/disapprove the placement of the evergreen trees.

 

      DISCUSSION

     

      Mike Trombetta was in attendance on behalf of his mother-in-law Marge Niski.  Trombetta presented photos to the Board and stated she had removed three large oak trees and replaced them with nine Canadian Hemlock evergreens.  The evergreens were planted in the same location as were the previous oak trees.  Trombetta said she received a letter from the zoning officer stating the trees need to be no less than 40 feet from the opposite property line.  Trombetta said they are 31 feet from the opposite property line the same distance of the prior oak trees.  Trombetta said they are requesting the Board consider allowing them to keep the evergreens where they are planted by possibly awarding them a variance.  Bruno asked if this is a zoning variance.  Jensen said it’s SALDO.  Colver asked if there is curbing.  John Embardino said there is no curbing on their side but it is on the opposite side.  Embardino said it’s an old neighborhood and everything is developed that can be developed. 

 

      On motion by Panella, seconded by Lammi, and agreed by all, the Board agreed the trees could remain where planted.

 

7.   MOUSSA RETAINING WALL DISCUSSION

 

      INFORMATION

 

      Mr. Brewer would like to discuss changes to the retaining wall with the Board. 

 

      DISCUSSION

 

      Michael and Tanya Moussa and Gary Brewer were in attendance.  M. Moussa said they are having a hard time understanding some of the issues in the denial letter they received from their previous request.  M. Moussa read information from the letter to the Board.  M. Moussa presented photos of his wall and property to the Board.

 

      Colver asked if what they have done on the property isn’t what created the water problem.  M. Moussa said we were allowed to put a pool on our property.  Colver said our job is to determine what is allowed by code.  Colver said I believe the issue was once the wall got to two feet high.  John Embardino, zoning administrator, said the Zoning Board ruled it wasn’t compliant due to set back.  Embardino said he never had a water complaint in his 20 years of service with the township in this neighborhood.  Embardino said the first permits the Moussa’s got did not show anything regarding a wall.  Embardino said once the construction starts the code officers go out and inspect.  Embardino said when he went out to the property he observed two walls were built.  Embardino said the original pool permit showed it 15 feet from the property line and there is now a 10 foot setback.  Embardino said his job is to enforce the zoning ruling.  Embardino said August 5th it will be one year since a Zoning Board decision letter for the driveway and the driveway needs to be completed by July 29th.  Embardino said they say it can’t be done until the pool is done.  Embardino reviewed a number of projects that were started on the property and none of them are complete.  Moussa said we can’t pour concrete for the driveway and then drive trucks on it.  M. Moussa said the pool was supposed to be done in June and it wasn’t.  M. Moussa said he does have tree stumps on his property that need to be removed.  Lammi said the last time we talked about this it was a safety issue.  Lammi said your request to put up a wall comes before the Board because of safety issues.  Lammi said at that time he requested the plan be reviewed by the township engineer and if he recalls correctly the information submitted to the township engineer didn’t include enough detail for him to determine anything.  Lammi said essentially we still haven’t made a decision because the information wasn’t provided to the township engineer.  Anckaitis said this Board did make a decision at a previous meeting that the wall was not necessary.  Bruno said at the last meeting this was discussed Supervisor Smith motioned that he didn’t deem the wall necessary.  Colver said the last time we discussed this we didn’t see these pictures and he didn’t think the pool existed.  Dillman said at that time the pool was proposed and not yet built.  Colver asked how we deem the wall not necessary when the pool and the slope exist.  Dillman asked if there was no wall, what the slope would be.  Brewer said 45 degrees.  Embardino said the four foot wall would need to be back from the property line eight feet.  M. Moussa asked what is the point of us moving the wall back if it doesn’t contradict anything we told you.  Lammi said that issue is the Zoning Hearing Board decision not the Board of Supervisors.  Lammi said the only issue this Board determines is if the wall can be put up.  Then the wall still needs to be constructed according to zoning setbacks.  Bruno said location is not the Board of Supervisors decision.  The right to build the wall is this Boards decision.  Bruno said the Zoning Hearing Board has to decide if it’s compliant with setback requirements and other zoning issues and the Zoning Hearing Board denied your initial request. 

 

      Colver said if this Board says you can put in the wall you still can’t build it according to code.  Brewer said the code says the wall can be placed where determined to be necessary.  Embardino asked what the purpose of the pipe is behind the wall.  Brewer said it serves as a relief valve.  Embardino said there is a violation of that drain he saw the other day when he was on the property.  Brewer said the pool guy did that.  Jensen referred to the zoning ordinance definitions and said if they want to challenge the definition they can go to the Zoning Hearing Board to determine the correct definition.  Bruno said that is correct.  A question of interpretation can go to the Zoning Hearing Board if they weren’t there on that issue before.  Bruno said this Board understands your problem and you may still have one other avenue to take in challenging the interpretation. 

 

      Brewer asked if the wall is not intrusive as it is now, why would the continuance of it be intrusive.  Lammi asked if the pool was in the last time we heard this.  Embardino said no.  June 15th was when the pool permit was issued.  Lammi said based on testimony and pictures tonight I feel they created a situation that requires the wall, and if we say no they will have to rip everything out and start from scratch.  Lammi said he’s not very happy with how this whole issue was addressed.  Lammi said this should have been before us in the design stage not after they created the problems.  Brewer said he never expected these problems.  Colver said the wall is necessary now because of the actions the Moussa’s took.  Anckaitis said if you are voting tonight one vote against it being necessary would uphold your previous decision because there are only three members of the Board in attendance.  Embardino said he’s here to enforce the rules and if you want me to present the interpretation challenge to the Zoning Hearing Board he will present it.  

 

Colver made a motion that the wall is now necessary and approval will be contingent upon a favorable decision from the Zoning Hearing Board on the interpretation of the ordinance.  Panella asked Mr. Brewer if they go back to the Zoning Hearing Board and that Board makes a decision, will you abide by the decision.  Brewer said if they find the wrong way and our attorney feels it’s the right way we will have recourse.  The motion was seconded by Lammi, and agreed by all.

 

8.   DISCUSSION REGARDING IMPROVEMENTS AT TATAMY & CORRIERE ROADS

 

      INFORMATION

 

      The Board needs to discuss improvements along Corriere and Tatamy Roads.

 

      DISCUSSION

 

      Jensen said the Rizzolino’s were before the Planning Commission last month and their item was tabled.  Jensen said a discussion was brought up regarding the improvements in the area of Corriere Road and Tatamy Road regarding frontage and storm water improvements.  Jensen said we need clarification on what is going to happen with improvements discussed a few years ago in this area.

 

      Colver said when Rizzolino’s built their building years ago, we agreed they would have to put curbing and sidewalk in.  Dillman said at that time we determined it would require shoulder improvements on Tatamy Road costing $300,000.  Dillman said now the Rizzolino’s are proposing another building on a portion of their property and we need clarification on what needs to be done.  Colver said he believes installation of curbs and sidewalk should be included for this property the same as the first property.  Rizzolino said right before we bought the property the township passed the 2003 ordinance and the Chip Company went out and got the permits to do the work.  Rizzolino said he then asked the township if they put in the curbing would the township be doing the improvements.  Rizzolino said he was later asked to hold off on the curbing.  Dillman said it’s entirely reasonably to expect the property owners to put in curb and sidewalk.  Dillman said by putting the curbing in it will create flooding on the roadway if the storm water improvements aren’t completed.  Anckaitis said this Board agreed to put curbing and sidewalk in years ago at the shopping center and Pidcock pointed out it would create a water issue.  Colver asked if we should give a deferral to the Rizzolino’s new proposal as we have with past property owners until the storm water work is completed.  Dillman said or you can have the project go forward for storm water improvements minus the curb and sidewalks since the property owners will do that.  Lammi said the storm water problem was there before they were there.  Lammi said he feels it should be deferred until the Board makes a decision on the storm water improvements.  Colver said he feels we should go forward with getting a cost on the storm water improvements.  Dillman said that’s not hard to do.  Dillman said you can’t piecemeal this project; it needs to be completed at one time.  Colver said he would agree with a deferral on this new project until the time the township begins the storm water project.

 

      Lammi made a motion that The Pidcock Company put a figure together for storm water improvements on the east side of Corriere Drive and Tatamy Road.  Panella seconded the motion, and it was agreed by all.  Colver said the Planning Commission can recommend a deferral for curb and sidewalks on Rizzolino’s new plan.

 

9.   STARLITE ESTATES STREET LIGHT RESOLUTION

 

      INFORMATION

 

      The Board needs to approve/disapprove the resolution.

 

      DISCUSSION

 

      Jensen said the project is not going into the maintenance period yet and that is typically when we would sign the resolutions.  Jensen said the developer would like to turn the lights on ahead of time.  Jensen said Met Ed has a twelve to sixteen week backup on turning the lights on.  Jensen said she isn’t sure how we will handle the billing process because the developer will pay the bill until it goes into the maintenance period.  Anckaitis said the solicitor will have to draw up a document that the developer is legally bound until such time that the lights get turned over to the township.

 

      On motion by Lammi, seconded by Panella, and agreed by all, the Board approved the street light resolution for Starlite Estates.

 

10. KOCSIS SUBDIVISION PLANNING MODULE POSTCARD EXEMPTION

 

      INFORMATION

 

      The Board needs to approve/disapprove the planning module postcard exemption.

 

      DISCUSSION

 

      On motion by Lammi, seconded by Panella, and agreed by all, the Board approved the planning module postcard exemption for the Kocsis subdivision plan.

 

11. AUTHORIZATION TO DRAFT ORDINANCE FOR FIRE COMMISSIONER POSITION

 

            INFORMATION

 

      The Board needs to approve/disapprove the solicitor drafting an ordinance for the fire commissioner position.

 

            DISCUSSION

 

      Lammi said this has been going on for the past year and we need to authorize the solicitor to draft the ordinance.  Bruno said he’ll get it to the Board as soon as possible for comments and then he can get it advertised and on the August 21 agenda.

 

      On motion by Colver, seconded by Panella, and agreed by all, the Board authorized the solicitor to draft an ordinance for the fire commissioner position.

 

12.  HECKTOWN ROAD BUSINESS PARK ESCROW RELEASE

 

      INFORMATION

 

      The Board needs to approve/disapprove the escrow release.

 

      DISCUSSION

 

      Jensen said this is release number two in the amount of $5,796.  On motion by Lammi, seconded by Panella, and agreed by all, the Board approved the escrow release for the Hecktown Road Business Park.

 

13. MS4 2005/2006 ANNUAL REPORT

 

      INFORMATION

 

      The Municipal Separate Storm Sewer Systems (MS4) annual report for 2005/2006 was submitted to PA DEP.  A copy of the report is attached and highlights of the report will be discussed.  Public comment on the report will be welcomed.

 

      DISCUSSION

 

      Anckaitis said it’s required that the report be presented to the Board and the public may make comments.  Anckaitis said this is the report we have our consultant assist us on completing.

 

      On motion by Panella, seconded by Lammi, and agreed by all, the Board approved the MS4 Annual Report.

 

14.  TOWNSHIP ENGINEER CAPITAL PROJECTS STATUS REPORT

 

INFORMATION       

     

      The township engineer will update the Board on the status of all capital projects.

 

      DISCUSSION

 

      Dillman said Bethlehem Township granted Palmer a waiver for a synthetic lining in the community center detention basin which is a cost savings of $75,000 to Palmer Township.  Dillman said today he received a letter from Bethlehem Township with a copy of a resolution and Palmer Township needs to respond within five days indemnifying them should a sinkhole come about. 

 

      On motion Lammi, seconded by Panella, and agreed by all, the Board authorized the township engineer to accept the conditions and return the necessary documents to Bethlehem Township.

 

      Dillman said earlier today he delivered plans to the public services director on the Highland Park storm water plans.  Dillman said from an engineering standpoint we’re ready to go.  Dillman said on Friday a group will walk through the neighborhood to make sure we have all the I’s dotted and T’s crossed and that everything is accurate and ready to move forward.  Dillman said it’s now a question to get all the properties lined up.  Colver said he was asked by a resident if they will have to take trees down and have sidewalks put in on their property.  Dillman said it will depend on the bids and costs associated with the project regarding the trees.  Dillman said he believes most of the trees will need to come down and most of them are not in very good shape to begin with.  Dillman said new street trees are part of the project.  Dillman said this project includes everything, doing it all.  Dillman said there is no cost to the property owners. 

 

      Adams had a list of the property acquisitions showing the status of each property for the Moore Street area of the project.  Adams said there are fourteen slivers of property needed. Bruno said the people who have not responded have been put on notice.  Bruno said the ones that are close; we will continue to work with.  Bruno said he feels the Board should authorize him to continue with condemnation action if we don’t get anywhere within ten days.  Bruno said it is vacation time and some people may be away.  Bruno said in order to go out to bid, he feels we have to get this rolling.  Lammi agreed it needs to get resolved.  Bruno said we’re not talking about any major condemnation; they are all small easements or small triangular pieces of land.  Bruno said once he files the declaration of taking, the township is listed as the property owner.  Bruno said on some of these properties we just haven’t heard from the property owner and it’s not even an issue of property value.  Anckaitis said some have already been given a deadline and we are already beyond that deadline.

 

Lammi made a motion that the solicitor move forward with the condemnation process that needs to be followed as deemed necessary.  Panella seconded the motion, and it was agreed by all.  Bruno made reference to the Oakley property and said it will be discussed in executive session.  Dillman said after condemnation is filed there is an appeal process and asked if that time needs to expire before construction begins.  Bruno said it is a 30 day appeal process that can run parallel to your bidding and awarding of bids.  Bruno said the 30 day period should be expired prior to construction.

 

15. PUBLIC COMMENT

     

      Ron Grimsby, 337 Springfield Way, Somerset Village, presented pictures to the Board of a swimming pool on a property behind his backyard.  Grimsby said the township planning and zoning department say this is permitted according to zoning ordinance, to have a temporary fence around a filled pool for a five month period.  Grimsby said I feel this is not safe for our children.  Grimsby said he would like zoning changed that the permanent fence be in place prior to the hole being put in the ground.  Colver said the contractor needs water in the pool before they can back fill the ground or the pool will collapse.  Colver said he understands his concern but you can’t backfill around a pool with the large equipment that is necessary if a permanent fence is already constructed.  Colver said he understands the need for a temporary fence during the construction period and the last thing completed on the project is a permanent fence.  Anckaitis said it was explained to him that during construction the temporary fence can be in place.  Grimsby said everything should be in place before water is put in the pool.  Colver said I agree with your theory but it cannot be done from a construction stand point.  You can’t backfill without water in the pool or the walls to the pool will collapse.  Lammi asked Colver since you’re in the construction business if a temporary fence is constructed properly is it ok.  Colver said that’s the issue.  Lammi said we have to make sure the code department is inspecting the temporary fences.  Jensen said every time the code department was called to look at that temporary fence it was secured properly.  Colver said he knows our guys are out there and we see the copies of the letters they issue, they do a good job patrolling. 

 

16. REPORTS

     

Solicitor

·        Bruno had an extension agreement for Victoria Square IV requesting an extension until December 31, 2006 to complete public improvements.  On motion by Panella, seconded by Lammi, and agreed by all, the Board authorized the chairman to sign the extension agreement.

·        Bruno had an extension agreement for Villages at Mill Race, Phase II, requesting an extension until November 30, 2006 to complete public improvements.  On motion by Panella, seconded by Lammi, and agreed by all, the Board authorized the chairman to sign the extension agreement.

·        Bruno had an extension agreement for Villages of Mill Race, Phase III, requesting an extension until December 31, 2006.  On motion by Lammi, seconded by Panella, and agreed by all, the Board authorized the chairman to sign the extension agreement.

·        Bruno had an extension agreement for Mr. Strausser for Hay Terrace South requesting an extension until January 31, 2007.  On motion by Lammi, seconded by Panella, and agreed by all, the Board authorized the chairman to sign the extension agreement.

·        Bruno had an extension agreement for the Highlands at Glenmoor requesting an extension until February 28, 2007.  On motion by Lammi, seconded by Panella, and agreed by all, the Board authorized the chairman to sign the extension agreement.

·        Bruno had an extension agreement for Starlite Estates requesting an extension until February 28, 2007.  Panella made a motion to authorize the chairman to sign the extension agreement.  Lammi asked if this includes the detention pond.  Dillman said it depends on when the conservation district declares the development 80% stable.  Lammi seconded the motion, and it was agreed by all.

·        Bruno said he wanted to discuss two subdivisions that were previously in front of the Board that are tied together.  Bruno said back in May the Board looked at the Kharecha and Cahill requests and approvals were given and conditions were imposed.  Bruno said after that Mr. Cahill inquired about some conditions regarding waivers.  Bruno said he discussed it with Dillman and Jensen and on July 20 we revised the condition letters.  Bruno said Kharecha and Cahill were supposed to sign the letters and return them back to me by tonight’s meeting and we only have until July 26 to make a decision on the plan.  Bruno said either the applicant can provide us an extension of time or the developer needs to sign the letter accepting the conditions.  Bruno said in both cases we have unsigned decision letters.  Bruno recommended the Board rescind the prior approvals indicating plans are being denied and those denials can be rescinded if they grant the extension of time or they sign the decision letters by tomorrow, July 26, 2006.  Lammi said the only issue he was aware of was the one year deferral on sidewalks.  Lammi made a motion to deny the Kharecha minor subdivision conditional approval for failure of the applicant accepting the conditions previously imposed by the township with the understanding the denial can be rescinded if the applicant grants the township a further extension of time or signs the letter of July 20, 2006.  Panella seconded the motion and it was agreed by all.

 

Panella made a motion to deny the Cahill preliminary /final land development plan approval for failure of the applicant  accepting the conditions previously imposed by the township with understanding the denial can be rescinded if the applicant grants the township a further extension of time or signs the letter of July 20, 2006.  The motions was seconded by Lammi and agreed by all.

·        Bruno had three litigation items for executive session.

 

Township Manager

·        Anckaitis said the township received a $10,000 grant for the walking path around the community center.   

·        Anckaitis said the township also received a grant for $12,653 for the fire department radio system.

·        Anckaitis said the next DCED grants we are going to put in for are for a building between the soccer fields that will contain snack bars and bathrooms at the community center.  Anckaitis said the deadline for submission is September 30.

·        Anckaitis said Amanda Jensen and Jim Raudenbush are currently interviewing candidates for the vacant code position and they will make their recommendation to me.  Anckaitis said he will then interview their candidate.

·        Anckaitis had two personnel items and one litigation item for executive session.

 

Public Services Director

·        Adams said the detour will start tomorrow at VanBuren and Corriere Roads and after that section is complete they will move to Newlins Mill Road.

·        Adams said the developer’s contractor for Northwood Estates is going to start storm sewer construction on Sandy Lane and will then move to Northwood Avenue which will require lane closures.

·        Adams had some temporary construction easements requiring signatures he gave to the chairman.

·        Adams said in the 2006 budget we approved money to raise a berm at the shooting range.  Adams said the lowest price to construct the 2 x 2 x 6 foot berm is to use concrete blocks.  Adams said the buildings and grounds committee thought it was not nice to look at.  Adams said they looked at sound barrier type walls instead of the concrete blocks but their costs are in excess of our budgeted amount.  Adams said he recommends the concrete block retaining wall and putting landscaping in front of it.  The Board agreed with his recommendation.

·        Adams had one real estate item for executive session.

 

Planning Director

·        Jensen said they are hoping to have a recommendation by the end of this week or early next week for the code officer position.

·        Jensen said she received information regarding access management for systematic control of driveways, access roads, etc. for municipalities.  Jensen asked the Board if they were interested in submitting a letter implying the townships interest.

·        Jensen reviewed two items on the upcoming Zoning Hearing Board agenda with the Board. 

 

            Police Chief

·        Fretz acknowledged that retired police officer Smiley Rogers passed away on July 15.  Fretz reviewed Smiley’s years of service with the Palmer Police Department. 

·        Fretz said the police station was hit twice in the past two weeks by lightening.  Fretz said there was minor damage in both cases.

 

            Supervisors

·        Lammi said each Board member received a copy of a letter from our insurance carrier regarding park inspections.  Lammi said he wanted to commend Bob Anckaitis and his staff regarding the safety of the township parks.

·        Colver had one real estate item for executive session.

 

On motion by Panella, seconded by Lammi, and agreed by all, the meeting was adjourned at 10:55 p.m. with four litigation, two personnel, and two real estate items for executive session. 

 

Respectfully submitted,

 

 

Robert G. Anckaitis

Township Manager