PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

AUGUST 29, 2006

     

A general business meeting of the Palmer Township Board of Supervisors was held on Tuesday, August 29, 2006 at 7:00 p.m. in the community room of the Palmer Library with four supervisors in attendance.  Ann-Marie Panella was absent.  Also in attendance were the Township Manager, Public Services Director, Planning Director, Township Solicitor, Township Engineer, and Police Chief.  Joe Nixon from the Morning Call and Sara Mausolf from the Express Times represented the news media.  Ted Rewak, Stenographer, was in attendance for the two conditional use hearings on the agenda.  Colver convened the meeting and led those present in the Pledge to the Flag.   Colver stated an executive session was held prior to the meeting and action would be reported during the report section later in the meeting.

     

2.   APPROVAL OF DISBURSEMENT OF FUNDS – AUGUST 29, 2006

 

      INFORMATION

 

      The report will be provided at the meeting.

 

      DISCUSSION

 

      On motion by Mitchell, seconded by Smith, and agreed by all, the Board approved the disbursement of funds for August 29, 2006.

 

3.      APPROVAL OF MINUTES – AUGUST 21, 2006

 

      DISCUSSION

 

      On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the minutes of August 21, 2006.

     

4.   MILFORD STREET SELF STORAGE CONDITIONAL USE HEARING AND PRELIMINARY/FINAL PLAN REVIEW

 

      INFORMATION

 

      The Board needs to approve/disapprove the conditional use request and preliminary/final plan.

 

      DISCUSSION

 

      Bruno said the applicant is proposing conditional use for a 510 unit self storage facility consisting of six one-story buildings and a seventh three-story building on a 2.9 acre site.  Bruno said this has been advertised for a public hearing this evening.  Bruno entered the following exhibits to the record:

 

T-1            Advertisement letter to the Express Times

T-2            Township engineer letter dated August 2, 2006

T-3            Letter on behalf of the planning commission written by the township director of planning.

 

      Bruno noted the Planning Commission recommended approval of the conditional use request and preliminary/land development plan.

 

      Jim Preston, attorney for the applicant introduced Eric Marsh, the applicant from Ashley Development Corporation and John McRoberts, engineer from VanCleef Engineering Associates.  They were all sworn in.  McRoberts said he is a project engineer for VanCleef and he prepared the proposed plan.  The plan was marked as exhibit A-1.  McRoberts reviewed his experience and credentials with the Board.  McRoberts said he was familiar with the township ordinance and he reviewed the plan with the Board outlining the buildings, parking areas, and landscaping.  McRoberts said they are requesting a waiver regarding storm water management.  Preston reviewed sections of the ordinance with McRoberts and how they apply to the project.  McRoberts reviewed the neighboring parcels and what they are currently being used for.  McRoberts said the waiver they are requesting is regarding storm water management.  McRoberts said they are decreasing the impervious coverage on site and it was recommended by the township engineer, after his discussion with the Lehigh Valley Planning Commission, that a waiver be requested. 

 

      Colver asked for clarification on the size of the site, asked about hours of operation and about trash removal on site.  Marsh said hours would be 6 a.m. to 12 p.m. with someone on staff until 10 p.m. weekdays and 8 a.m. to 9 p.m. on weekends.    Marsh said there would be no access after midnight.  Marsh said there will be a dumpster area on site.  Colver asked about lighting.  McRoberts outlined the light poles on the plan.  Lammi asked if they plan on selling products from the building.  Marsh said just boxes for storage.  Lammi asked what will be in the three story building.  Marsh said there will be various size storage units in that building.  Smith asked about fencing on the property.  McRoberts reviewed the fence on the plan.  Lammi asked if the buildings would have sprinkler systems.  Marsh said the large main building will have sprinklers.  Bruno asked if the property was under an agreement of sale.  Preston said it is under agreement.  Bruno asked for a copy of the agreement.  Bruno asked if there were any questions from the public. There were none.

 

      On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the conditional use request for Milford Street Self Storage.

 

      Bruno stated the second portion of this item is the preliminary/final plan review.  Jensen said this was before the Planning Commission on August 8th.  Jensen said the Planning Commission recommended approval to the Board of Supervisors.  Jensen said there are no large outstanding issues from a planning perspective.  Dillman said the storm water issue is related to interpretation in the Lehigh Valley Planning Commission ordinance versus the township ordinance.  Dillman said it misidentified the scenarios that you could request an exemption.  Dillman said this should be able to obtain an exemption, if the township is inclined, but the only way they can get it is for the applicant to request a waiver.  Dillman said he supports that request.  Lammi asked where the nearest fire hydrant was located.  McRoberts pointed out the hydrant on the plan.  Lammi asked if the hydrant shouldn’t be closer to the entrance of the facility.  McRoberts said they received a plan from Easton Suburban Water Authority.  The fire administrator was in attendance and reviewed the locations and made recommendations.  McRoberts said they could adjust the location and move some landscaping regarding the fire hydrant.

 

      Lammi said recreation fees are $3,000 per acre.  Lammi asked about a voluntary traffic contribution.  Dillman said it’s typically calculated $1,000 per peak hour trip.  Dillman suggested the applicant do a quick traffic generation analysis to show how much traffic the development will create during peak hour trips.

 

On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the preliminary/final plan for Milford Street Self Storage, conditioned upon the applicant fulfilling the items outlined in the township engineer’s letter dated August 2, 2006, fulfill the departmental comments last dated August 4, 2006, the fire hydrant be located as recommended by the fire administrator, applicant enter into a land development improvements agreement and provide financial security in a form acceptable to the township solicitor, a waiver is granted regarding Section 158-6.D relating to the applicability of the storm water management ordinance in this instance, in lieu of any recreation area on site the township accepts recreation fees of $3,000 per acre, and a voluntary traffic contribution of $1,000 per peak p.m. hour trip.

 

5.   CHEERLEADING SCHOOL CONDITIONAL USE HEARING AND PRELIMINARY/FINAL PLAN REVIEW

 

      INFORMATION

 

      The Board needs to approve/disapprove the conditional use request and preliminary/final plan.

 

      DISCUSSION

 

      Bruno said this conditional use application was advertised for public hearing tonight.  Bruno said the applicant is proposing a 10,800 square foot trade school on a 4.2 acre lot, a loading space, a 2,000 square foot garage, and a 2,000 square foot carport with parking area.

 

Bruno entered the following exhibits to the record:

 

T-1            Advertisement to the Express Times

T-2            Township engineer letter dated August 2, 2006

T-3            Township planning director’s letter on behalf of the Planning Commission

 

      Bruno noted the planning commission recommended approval of the conditional use request and preliminary/final land development plan. 

 

      David Martin, Keystone Consulting Engineers, and        Joseph Rizzolino, applicant, were sworn in. 

 

      Martin reviewed the plan and use of the proposed building.  Martin reviewed the parking area and entrances to the facility.  Bruno asked if they reviewed the township ordinance and how they relate to the project.  Martin said yes and reviewed how they meet each ordinance requirement.  Lammi asked about the size of the existing building.  Martin said total space is 6,000 square feet.  Lammi asked about hours of operation.  Rizzolino said hours would be Monday through Friday 5 p.m. to 9 p.m., Saturdays 9 a.m. to 2 p.m., with occasional hours on Sundays.  Lammi asked if competitions would be held on site.  Rizzolino said no.  Lammi asked about the driveway connection between businesses and if they were able to conform to the recommendations of the township engineer.  Martin reviewed the area and said the revisions haven’t been resubmitted to the township engineer.  Lammi said he feels it’s important to have that driveway so if someone drops off a student at the school they can get to the other business next door.  Dillman said he hasn’t reviewed changes on the driveway connection so he can’t comment.  Lammi said we can discuss this during the land development portion.  Colver asked about lighting.  Martin said they are proposing wall packs and they will be in accordance with the ordinance.  Colver asked how trash will be handled.  Martin said a small dumpster will be on site.  Bruno asked if there were any questions from the public.  There were none.  Anckaitis asked if Section C of the ordinance requires a waiver as it relates to trade schools and colleges.  Bruno said he didn’t feel a waiver was required because it’s not related to SALDO.

 

      On motion by Lammi, seconded by Smith, and agreed by all, the board approved the conditional use request for the Cheerleading School as they meet criteria under 190-210, item 33, related to colleges and trade schools and Section C of the ordinance is not applicable.

 

      Jensen reviewed the plan and neighboring zoning districts.  Jensen said the planning commission voted to recommend approval of the plan.  Jensen said there are two issues to discuss.  One is the connection between the two uses, second the request for a deferral of work regarding sidewalk and curbing due to improvements the Board may be interested in doing on Corriere Road regarding storm water.  Jensen said she received a quote for the storm water work the township may be interested in doing and it is between $425,000 to $475,000 in 2007 dollars.  Lammi said that is a big issue we need to resolve.  Colver asked if the applicant’s work was done now how would it apply.  Dillman said he didn’t feel it should be done now if the township is going to do their project in the near future.  Dillman said you don’t want to tear up the work the applicant just completed.  Colver said he’s leaning toward a deferral.  Other Board members agreed.  Colver said the site is 4.2 acres but not all of it needs to be included in the recreation fee calculations.  The Board agreed on 2.1 acres for the recreation fee calculation.  Lammi said a traffic count will need to be done to come up with the voluntary traffic contribution amount.  Rizzolino agreed to do that.

 

      On motion by Lammi, seconded by Mitchell, and agreed by all, the Board approved the preliminary/final land development plan for the Cheerleading School conditioned upon the applicant fulfilling the township engineer’s letter dated August 2, 2006, fulfilling the departmental comments last dated August 4, 2006, applicant enter into a land development improvements agreement and provide financial security in a form acceptable to the township solicitor, the applicant and township engineer agree on a solution regarding interconnection of the parking lots, the Board granted a deferral regarding Section 165-69 and 169-75 related to installation of sidewalk, driveway apron and installation of curbing along Corriere Road until such time that a decision is made regarding storm water improvements in the area that will be completed by the township on Corriere Drive, recreation fees paid in lieu of open space will be calculated based on 2.1 acres, and a voluntary traffic contribution of $1,000 per peak p.m. hour trip.

 

6.   REZONING REQUEST FOR ROSEMONT/WILLIAM PENN HIGHWAY

 

      INFORMATION

 

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

 

      DISCUSSION

 

      Stan Margle, attorney for the applicant, and Cliff Johnson were present.  Johnson reviewed the plan and the area of the property.  Johnson said they would like to build an 8,500 square foot two story building.  Johnson said two commercial retail spaces will be on the first floor and three or four offices on the second floor.  Johnson reviewed the entrance and egress for the property. 

 

      Colver said when we discussed this previously we talked about bumping the zoning out one more property to the hair salon.  Colver said we typically request a land development plan run concurrently so we know what the plan is.  Colver said he asked the planning director to look at the neighboring properties and review the current zoning in the neighborhood.  Smith said we have residential trapped in the middle of this and he feels we should change it to one zone.  Colver asked where we stop.  Lammi asked the planning director’s opinion.  Jensen said with the GC and the William Penn overlay she feels they would benefit greatly with GC zoning.  Jensen said the vacant lots can’t use the overlay.  Jensen said the landscape of William Penn Highway has changed and she’d recommend it all change to GC.  Colver confirmed that tonight they just needed to say if they are willing to entertain this request.  Bruno said if the Board is inclined to entertain this request (lot 13 on the drawing the Board was reviewing) he would recommend it remain site specific, and do the additional rezoning as part two.  Bruno said keep this site specific because part two will require other individuals input.  Margle said he’d rather work with the township to coordinate the rezoning not only with lot 13 but with other lots.  Colver said his initial thought is to stop at lot 12 for now.  Margle said the rezoning of lots 11 down to Greenwood Avenue doesn’t affect them.  Bruno said they came here with an idea in mind to rezone one property and they have a plan concept regarding their land only.  Bruno said having lot 12 rezoned wasn’t part of their application.  Bruno said you have an opportunity for the applicant to pay for the rezoning and application process.  Margle said it was the Board of Supervisors who suggested we look at this globally and his concern is if we rezone block 13 in six months if it’s rezoned to commercial we’ll be asking for relief.  Margle said we can wait a month or two to see what you’re decision is.  Lammi asked the solicitor if this could be considered spot zoning.  Bruno said you’re extending the GC that abuts the property it’s not like an island all on its own.  Colver said at this time he’d be willing to change lot 12 and 13 but not one thru 11. 

 

      On motion by Lammi, seconded by Smith, and agreed by all, the Board agreed to entertain the rezoning request conditioned upon the applicant submitting a land development plan for the site with an escrow established in the amount $5,000.

 

7.   APPOINT FIRE COMMISSIONER

 

      INFORMATION

 

                  The Board will appoint Delmar Grube to the position of fire commissioner.

 

      DISCUSSION

 

      Colver said at the last meeting the Board approved an ordinance for the creation of the fire commissioner position.  Colver said the position will report directly to the township manager and he will no longer be liaison to the fire department.

 

      On motion by Colver, seconded by Lammi, and agreed by all, the Board appointed Delmar Grube as fire commissioner at an annual salary of $46,000.

 

      Colver congratulated and welcomed Grube to the position.

 

8.   PARKVIEW ESTATES PHASE V ESCROW RELEASE

 

      INFORMATION

 

                  The Board needs to approve/disapprove the escrow release.

 

                  DISCUSSION

 

      On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the escrow release for Parkview Estates, Phase V, in the amount of $51,446.

 

9.   CONDEMNATION RESOLUTION REGARDING GREENWOOD AVENUE EXTENSION PROJECT

 

      INFORMATION

 

      The Board needs to approve/disapprove the resolution.

 

      DISCUSSION

 

      Bruno said this is one of the properties in the Estate of Lawrence Marra Sr., a parcel that is vital for the storm water project in Highland Park.  Bruno said he prepared the documentation for filing for the condemnation but before he can do that a resolution needs to be passed.  Bruno said this is for a small parcel located on Wayne Street with no house.  Bruno said Mr. Marra is deceased and his administrator of the estate is his attorney who has retired and now lives in Florida.  Bruno said the value will be decided at a later date. 

 

      On motion by Mitchell, seconded by Lammi, and agreed by all, the Board authorized the Chairman to sign the condemnation resolution for the property owned by the Estate of Lawrence Marra, Sr., located on Wayne Street.

 

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 the specs are together and ready to go out to bid on the Highland Park project as soon as the property acquisitions are ready.  Dillman said Easton Suburban Water Authority has asked if we could coordinate their water main replacement project that is needed on Moore Street with our project.  Dillman said they asked if the township would be willing to bid the project with their porting included and then they would reimburse the township.  Dillman said we can certainly do that and from his standpoint it poses no real delay.  Lammi said he feels it should be done that way so the water authority doesn’t tear up the work we just completed..  Dillman said when bids are received their portion will be broken out.  Dillman said he doesn’t know what the solicitor will need to make this happen.  Colver said we can direct our engineer to do the design work and get the information to the water authority and have an agreement drawn up for reimbursement of their expenses.  Dillman said bids look like they’ll go out the first week of September. 

 

Colver said Chrin has asked about moving forward on the next section of site work at the community center.  Colver said they would like to begin after Labor Day and overlay the parking lots in October. 

 

11. PUBLIC COMMENT

     

      Diane Grube said there are 351 days until the next community weekend and she said she is looking for suggestions for next year’s event.  Colver thanked Grube again for her time and effort that she puts into community weekend every year.

 

      Bob Gumlock, 109 Berks Street, said he listened to what was said about property acquisitions and he thought this process would go a lot faster.  Gumlock said now bids won’t go out until September and asked how that looks regarding construction.  Dillman said earliest for construction will be the end of October or early November.  Dillman said the bid process is three to four weeks then they need to be reviewed and we need to get all the necessary documents in hand.  Gumlock said my big concern is this project has been long, long overdue.  Gumlock said he sits at home and has to worry what direction a hurricane is going to go.  Gumlock said this isn’t something we brought on ourselves.  Gumlock said the Board took years to act on this issue and now he’s wondering what the township is going to do to keep him from getting wet when we know we’re going to get six or seven inches of rain.  Gumlock said we’re defenseless.  Lammi said based on past practice the township has tried to minimize the damage and he should be assured the township will do everything it can as far as getting pumps, lowering the pond levels, etc.  Dillman said the conservation district has now given word to the developer that they can convert the pond.  Colver asked about the timing of the conversion.  Dillman said he didn’t know timing but said it wasn’t a lot of work and explained the process.  Lammi said since we’re in hurricane season we should push for the conversion.  Jensen said she will make contact with the developer tomorrow.  Anckaitis said Mr. Gumlock is concerned about this weekend with a hurricane ready to dump water on us.  Anckaitis asked if it could feasibly be done between now and Friday.  Dillman said probably with the current wet conditions it can not be done that fast. 

 

      Gumlock said he personally looked over his property to find a way to sand bag it but it will take an awful lot of sand bags and he asked if the township would be willing to help with diverting the water with sand bags away from the four houses so we won’t get water in our basements again.  Colver said it’s nothing we’ve ever done before and asked the solicitor about liability issues.  Bruno said in the past the township has done what they can with public areas but has not gotten involved on private property because liability goes along with that.  Bruno said he understands Mr. Gumlock’s concerns but the township has had previous requests from private property owners and the township typically doesn’t do it.  Anckaitis said he feels it’s an easy decision for the Board even though it’s a difficult thing to tell Mr. Gumlock.  Gumlock said he’s been online all day and is working on finding sand bags to construct a wall to keep water from getting into the houses.  Gumlock said it will be a hard job that will need to be done fast.

 

12. REPORTS

     

Solicitor

·        Bruno had an extension agreement for Easton Self Storage requesting an extension of time until February 19, 2007 to complete public improvements.  On motion by Mitchell, seconded by Lammi, and agreed by all, the Board approved the extension agreement.

·        Bruno had a deed for a concept previously approved regarding right-of-way at the Morello Funeral Home property.  On motion by Mitchell, seconded by Smith, and agreed by all, the Board authorized the chairman to sign the deed.

·        Bruno had one real estate item for executive session.

 

      Township Manager

·        Anckaitis said he had a call from a resident regarding changing the noise ordinance.  Anckaitis said he told the resident he’d bring his request to the Board of Supervisors on his behalf.  Anckaitis said the resident would like to change the ordinance from 11 p.m. to 7 a.m. to 11 p.m. to 9 a.m. on weekends.  Anckaitis said he said he has a neighbor who goes out early on weekends and is building a shed and that is one of the reasons for the request.  The Board was not interested in changing the ordinance.

·        Anckaitis said Jack Fatzinger wanted the Board to be aware of a scheduled public hearing that will be held September 20 at Memorial Hall in Stockertown at 6:30 p.m. on the stream liner project at the creek.

·        Anckaitis said we hired Dan Lichtenwalner as the Code Officer.  Anckaitis said he has no certifications so we gave him six months to acquire his first certification.  Anckaitis said Amanda and Jim interviewed five candidates and reviewed 25 resumes.    

·        Anckaitis said the state conducted two inspections at the pool in the past two weeks.  One for the concession stand and one for the pool.  Anckaitis said the state was very impressed with our pool and they said we are doing a great job.  Anckaitis said there are no safety or health issues.  Anckaitis said we had a great season with no incidents and said Tom Adams does a great job overseeing the pool operation.

 

      Planning Director

·        Jensen said she is putting together a DCNR community conservation grant for the restroom and snack bar facility at the community center.  Jensen said she met with Mr. Lorne Possinger from DCNR yesterday and he gave her tips about reaching out to other communities for letters of support and also from civic organizations.  Jensen asked if the Board members were comfortable with asking the organizations they are involved in to submit letters of support.  The Board agreed to ask their organizations to submit letters.  Jensen said the application is due by September 29th.

·        Jensen said Commerce Bank went before the Zoning Hearing Board asking for special exception regarding the additional parking spaces they are required to create at the east end of the mall by Boscov’s.  Jensen said the Zoning Board told Commerce Bank they wouldn’t be required to complete those spaces until 2007 because they didn’t want things ripped up during the holiday shopping season.  Jensen said Commerce Bank withdrew their request when they were told they had until 2007.    

 

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

 

Respectfully submitted,

 

 

 

Robert G. Anckaitis

Township Manager