PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

SEPTEMBER 26, 2006

 

      A general business meeting of the Palmer Township Board of Supervisors was held on Tuesday, September 26, 2006 at 7:00 p.m. in the community room of the Palmer Library with four supervisors in attendance.  Robert Lammi was absent.  Also in attendance were the Public Services Director, Planning Director, Township Engineer, Police Chief and Township Solicitor.  The Township Manager was absent.  Joe Nixon from the Morning Call and Courtney Lomax 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 – SEPTEMBER 18, 2006 AND SEPTEMBER 26, 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 September 18, 2006 and September 26, 2006.

 

3.      APPROVAL OF MINUTES – SEPTEMBER 5, 2006

 

      DISCUSSION

 

Bruno noted on page 2 under the public services director comments ENS should be changed to E & S.

 

      On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the minutes of September 5, 2006, with the above change.

 

4.   ACCESS MANAGEMENT IMPLEMENTATION PLAN

 

      INFORMATION

 

      The board needs to approve/disapprove the memorandum of understanding.

 

      DISCUSSION

 

      Jensen said at the last meeting she attended she asked the Board if they were interested in participating in this and the Board agreed.

 

      On motion by Smith, seconded by Panella, and agreed by all, the Board approved the memorandum of understanding for the Access Management Implementation Plan.

 

5.   STRUCKE SUBDIVISION DISCUSSION REGARDING SEPTIC

 

      INFORMATION

 

      A discussion needs to be held regarding septic on a proposed lot on Northwood Avenue.

 

      DISCUSSION

 

      Don Frederickson, Richard Strucke, and his son, Michael Strucke, from Northwood Avenue were in attendance.  Frederickson presented a sketch plan and reviewed it with the Board.  Frederickson said they are proposing subdividing an existing 3.23 acre lot with access to Northwood Avenue into two lots.  Jensen read the section of the ordinance regarding connection requirements to the township sewer lines.  Jensen said this comes into play because they are further than the 150 foot requirement to the sewer line. Frederickson said from a sewage standpoint he doesn’t suspect there would be a problem with on lot septic.  Frederickson said he believes the applicant wouldn’t have a problem with an agreement that states if there is a problem with on lot septic they would agree to hook up to the sewage system.

 

      Colver said from previous conversations with the sewer department engineer and the public utilities director we’ve been going out of our way to make people hook up to the township system if it is available.  Colver said if you have an extenuating circumstance, like you have too much rock in the area, maybe we could waive the sewer connection, but we really prefer not to have on lot septic.  Colver said he ventured to guess that an extenuating circumstance is not the case in this situation.  The Board agreed.

 

6.   VILLAGES AT MILL RACE, PHASE I, PARK DEDICATION

 

      INFORMATION

 

      The developer is ready to turn the park over to the township.  The Board needs to approve/disapprove their request.

 

      DISCUSSION

 

      Steve Goffredo was in attendance.  Colver asked Goffredo for an update on the park.  Goffredo said as far as they are concerned the park is completed except for approval from the Northampton Conservation District for the ecological facility.  Goffredo said they have all other approvals.  Goffredo said the park and bathrooms are done.  The township will need to hook up the water for the bathroom as previously agreed.  Goffredo said playground equipment is there and the parking lots have been striped.  Goffredo said we need to achieve the ecological filter process once Northampton County says we can proceed.  Bruno asked if it is the developer’s intention to dedicate the park but continue to be responsible for the ecological filter process.  Goffredo said they would like the park to go into the maintenance period even though the ecological process isn’t done.  Goffredo said he feels the park is ready for residents to use.  Goffredo said the fields are two years matured.   Dillman said one parcel contains the pond and another parcel contains the fields.  Dillman said until the upstream area is stabilized the pond can’t be converted.  Dillman said the athletic fields have been in place some time and are in pretty good shape.  Dillman said the developer still has responsibility to finalize the ecological process.  Bruno asked if he saw any problem with separating the fields from the pond in this situation.  Dillman said he didn’t see a problem with it.  Goffredo said he believes they will hear from Northampton County within weeks to move forward with the ecological process.  Bruno said he didn’t have a problem accepting the fields and only starting maintenance on the fields with the developer still having the obligation for the ecological  facility.  Bruno asked Goffredo for a deed of dedication of the park area. 

 

Colver said by the time all the paperwork is completed for separating the fields from the pond the soccer season will be over.  Colver asked if there really is a need to accept it now and create all this paperwork.  Goffredo said they didn’t want an issue of them being in default because they didn’t turn over the fields.  Bruno said if your deadline is close, then you can request an extension of time until the ecological filter is completed.  Goffredo said he will have to defer to his counsel.  Dillman said if you’re weeks away from receiving Northampton County approval on the pond he would recommend waiting.

     

7.      NORWOOD COMPANY PRELIMINARY/FINAL SUBDIVISION PLAN DISCUSSION

 

      INFORMATION

 

      A discussion is required regarding how the plan can proceed in light of the fact that a specific use has not been identified.

 

      DISCUSSION

 

      Attorney Leo DeVito, Engineer Ron Torlinsky, and Principal Paul Szewczak were in attendance.  DeVito said they are proposing an office, warehouse, and distribution facility on Newlins Mill Road.  DeVito said at this time we do not know who the end users of the facility will be.  DeVito said the Planning Commission had some concern with the plan since they didn’t know who the end users would be.  DeVito said they are proposing capping the office use at no more than 10% allowing 90% for the other uses.  DeVito said other than office use all other conditions would require conditional use approval and would be required to come before the Board on an individual basis as they apply.  Colver asked the solicitor how this would be handled.  Bruno said he understands the developer’s problem because they can’t proceed at this point because they don’t have an identified user.  Bruno said their approval will require land development and conditional use approval.  Bruno said you will have to choose either manufacturing or warehouse.  Bruno said the conditional use approval they would get now would only allow them to get the plan going knowing once they have applicants each use will need to receive conditional use approval also.  Bruno said if a user comes in that will generate a lot of traffic they may be subject to getting their land development plan revised based on that user.  Also, additional need for public improvements may be generated by alternate users.  Bruno said tonight the Board is being asked if they are comfortable with this process.  Bruno said it’s all in the details, and when and if they get approvals, the conditional use letters will need to include protection for the township.

 

      Colver asked for details on the proposed property.  Szewczak said it is a 20 acre tract of land, wide open and relatively flat, across the street from the current MCS facility.  Colver asked for current zoning.  Dillman said it is zoned POIC.  Colver asked about the size of the building.  Szewczak said the building will be about 6-1/2 acres.  Smith said we don’t want to have applicant after applicant coming in for approval.  Dillman said if an applicant needs a lot of parking they may need to match the use that the parking meets.  DeVito said that is one of the reasons we went with 10% office use.  Colver said we don’t want to end up with a multi-million dollar building and a year from now you saying the township won’t let us fill the building.  Bruno said he feels some language on the plan addressing these issues would also be appropriate that would put subsequent users on notice of all the issues.  Bruno said if the Board is inclined to forward this on to the Planning Commission the Planning Commission would like to know that the developer is committed to what was discussed tonight and he recommends the applicant put a letter together to the Planning Commission outlining their intentions.  Jensen said the applicant is on the October 12, 2006 Planning Commission agenda.  Colver said as long as the township is protected, and we have the final say, he didn’t have a problem with it.

 

8.      APPROVAL OF MILFORD STREET SELF STORAGE CONDITIONAL USE LETTER

 

      INFORMATION

 

      The Board needs to approve/disapprove the solicitor’s letter.

 

      DISCUSSION

 

      On motion by Mitchell, seconded by Smith, and agreed by all, the Board authorized the Chairman to sign the conditional use letter for Milford Street self storage.

 

9.      APPROVAL OF RIZZOLINO CHEERLEADING SCHOOL CONDITIONAL USE LETTER

 

      INFORMATION

 

      The Board needs to approve/disapprove the solicitor’s letter.

 

      DISCUSSION

 

      On motion by Smith, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the conditional use letter for the Rizzolino Cheerleading School.

 

10.  ARRIGO FENCE REQUEST

 

      INFORMATION

 

      The Board needs to approve/disapprove the fence request.

 

      DISCUSSION

 

      Tom Adams, Director of Public Services, said the Arrigo’s would like to put a fence in an existing drainage easement.  Adams said he looked at the property and he didn’t see any problems with the request.

 

      On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the Arrigo fence request to place a 4’ high, picket type fence in the storm drainage/utility easement of the property at 3135 Florian Avenue.

 

11.  PENNDOT AGILITY AGREEMENT

 

      INFORMATION

 

The Board needs to approve/disapprove the agreement.

 

      DISCUSSION

 

      Bruno said this agreement is intended to allow an exchange of services between Penndot and the township.  Bruno said if the township does work on a Penndot road, Penndot will require the same on a township road.  Bruno said he believes it is fine for execution and noted it includes a resolution that needs to be approved.

 

      Smith made a motion, seconded by Mitchell, to approve the Penndot Agility Agreement and resolution.

 

      Chief Fretz asked if this is related to the township being able to salt and cinder state roads during storms in the winder.  Bruno said this agreement gives us that right.  The motion was voted on and approved by all.

 

12.  APPROVAL OF THE MINIMUM MUNICIPAL OBLIGATION FOR THE POLICE AND NON-UNIFORM PENSION PLANS

 

      INFORMATION

 

      The Board needs to approve the 2007 minimum municipal obligation for the police pension plan at $295,916 and for the non-uniform pension plan at $275,572.

 

      DISCUSSION

 

      On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved the 2007 minimal municipal obligation for the police pension plan at $295,916 and for the non-uniform pension plan at $275,572.

 

13.  HOUSE DEMOLITION BID RECOMMENDATION

 

      INFORMATION

 

      On Friday, September 22, 2006 bids were opened for the house demolition at 3124 Freemansburg Avenue.  The demolition is required for the Greenwood Avenue extension and Highland Park storm projects.  A summary of the bids and a recommendation by the director of public services will be provided prior to the meeting.

 

      DISCUSSION

 

      Adams said we received bids for demolition on Friday but there are some insurance issues that need to be worked out prior to awarding the bid.  Adams asked to table this item until the next meeting.     

 

14. SURPLUS MATERIAL BID RECOMMENDATIONS

 

      INFORMATION

 

      On Wednesday, September 13, 2006 bids were opened for the surplus equipment listed on the enclosed page.  After review with the department heads, the director of public services is recommending the bids be awarded to the high bidders.

 

      DISCUSSION

 

      On motion by Panella, seconded by Mitchell, and agreed by four, Smith abstained; the Board awarded the following sale of surplus materials to the highest bidders:

 

1984 International dump truck – to William Hunara, Palmer Township, in the amount of $3,600

1997 Chevy Lumina – to Robert E. Smith, Palmer Township, in the amount of $510

1993 Chevy S10 Blazer – to Rich Pfauth Jr. & Son, Lebanon, NJ, in the amount of $569

Gang Mowers – to John Andzulis, Pittstown, NJ, in the amount of $150

1988 Chevy S10 Blazer – to Steve Sawyer, Easton, in the amount of $25

 

15. NIMS RESOLUTION

 

      INFORMATION

 

      The Board needs to approve/disapprove the NIMS resolution.

 

      DISCUSSION

 

      On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the NIMS resolution.

 

16.  FOX RUN ESCROW RELEASE #4

 

      INFORMATION

 

      The Board needs to approve/disapprove the escrow release.

 

      DISCUSSION

 

      On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved escrow release #4 for Fox Run Estates in the amount of $281,477.49.

 

 

17.  VILLAGES OF MILL RACE, PHASE IV, ESCROW RELEASE #3

 

      INFORMATION

 

      The Board needs to approve/disapprove the escrow release.

 

      DISCUSSION

 

On motion by Mitchell, seconded by Smith, and agreed by all, the Board approved escrow release #3 for Villages of Mill Race, Phase IV, in the amount of $143,676.73.

 

18.  STARLITE ESTATES, ESCROW RELEASE #5

 

      INFORMATION

 

      The Board needs to approve/disapprove the escrow release.

 

      DISCUSSION

 

On motion by Smith, seconded by Panella, and agreed by all, the Board approved escrow release #5 for Starlite Estates, in the amount of $103,108.80.

 

Dillman said the conservation district has given the developer the okay to change over the basin to permanent status.

 

19.  PALMER BIKE PATH – BUSHKILL CREEK ALIGNMENT EROSION & SEDIMENT CONTROL MEASURES CHANGE ORDER.

 

      INFORMATION

 

      The original plans and specifications for the bike path project did not include significant erosion and sediment control measures.  When the project was designed, it was believed that mostly existing railroad ballast would be encountered and little earth disturbance.  However, after construction began, Northampton County Conservation required E&S measures.  Palmer staff quickly prepared an E&S plan and the contractor installed the E&S measures quickly to reduce erosion and sedimentation.  The change order is for materials installed by the contractor – Grace Industries.

 

      DISCUSSION

 

      Adams said when the plans were submitted they were light on erosion and sediment control measures.  Adams said he would like to table this item until the next meeting because when he verified the quantities they differed, and he would like to confirm the appropriate numbers before approval.   

 

20.  BOND PAYMENT FOR HIGHLAND PARK/GREENWOOD AVENUE EXTENSION RIGHTS-OF-WAY AND EASEMENTS

 

      INFORMATION

 

      The acquisition of right-of-way and easements for the Highland Park storm sewer and Greenwood Avenue extension projects will require Palmer Township to pay the property owners for them from the bond account.  Attached is a list of the property owners/type of easement and/or right-of-way and payment amount.  It is recommended the payment checks be turned over to the Township Solicitor for his approval and release to the property owners.

 

      DISCUSSION

 

      On motion by Smith, seconded by Panella, and agreed by all, the Board approved payment to the following property owners for rights-of-way and easements in connection to the Highland Park/Greenwood Avenue extension project:

 

·        Laudenberger, temporary construction easement - $300, right-of-way - $165

·        Oakley, temporary construction easement - $1,500

·        Kuper, temporary construction easement - $100

·        Kohler, temporary construction easement - $500

·        Nagy, right-of-way - $3,938

·        Faith Community Assembly of God – road right of way - $6,643; slope easement - $10,105; temporary construction and drainage easement - $12,100

·        Whelan’s, drainage easement - $1,056

·        Kirchner’s, traffic signal easement - $1,376

·        Lapio Homes, temporary construction easement - $100

·        Latteman, temporary construction easement - $100

 

21.  TOWNSHIP ENGINEER CAPITAL PROJECTS UPDATE

 

      INFORMATION

 

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

 

      DISCUSSION

 

      Dillman said the bids were advertised today for the Highland Park project and will also be published again in the next few days.  Dillman said the bids will be received on October 19. 

 

      Colver said the community center work will begin in the next few days.

 

22. PUBLIC COMMENT

     

      None

 

23. REPORTS

     

Solicitor

·        Bruno said Easton Center/Palmer Town Center is near the end of their completion of public improvements.  Bruno said he recently sent out a letter regarding overage on the 25th Street project, what work still remains for them to complete, what needs to be secured for that work, and additional monies needed to be posted for escrow.  Bruno said their letter of credit expires the end of the month so he would like authorization from the Board to make demand against their letter of credit, if needed.  On motion by Smith, seconded by Mitchell, and agreed by all, the Board authorized the solicitor to make demand against their letter of credit if the matter is not resolved prior to September 30.

·        Bruno said the Estates at Knobhill know their letter of credit expires on Thursday and the developer today said we would receive an extension.  Bruno said just in case he didn’t receive their letter by Thursday he would like the Boards authorization to make demand against their letter of credit if necessary.  On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the solicitor to make demand against their letter of credit should it become necessary. 

·        Bruno said some time ago Prologis signed a letter of credit for their subdivision improvements agreement and now it needs to be changed.  Bruno said they should start their letter of credit today.  Bruno informed the Board that Prologis previously made a proposal to the township agreeing to pay traffic contributions for the VanBuren Road & Route 248 intersection and the VanBuren Road and Main Street intersection.  Bruno said the Board was going to relieve them from the VanBuren Road and Route 248 work if they agreed to an additional contribution.  Bruno said they have agreed in concept to pay $125,000 toward that contribution.  Bruno said he hopes by the Monday meeting to have a letter of credit extension and agreement with the new figures.

·        Bruno had three litigation items and one real estate item for executive session.

     

Public Services Director

·        Adams had two agreements for the Chairman to sign related to the Highland Park storm water project.  One was the Kircher traffic signal easement agreement and one was a slope easement, right-of-way acquisition, and temporary construction drainage easement for Faith Community Assembly of God.  On motion by Panella, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the agreements.

 

Planning Director

·        Jensen showed banner samples to the Board for the CGI project and asked what banner they preferred.  The Board agreed to go with the banner that had the township seal.

·        Jensen said she is putting together the grant application to DCNR for the bathroom/concession stand facility at the community center.  Jensen presented a resolution to the Board that is required to allow her to sign the grant application.  On motion by Panella, seconded by Smith, and agreed by all, the Board authorized the  Chairman to sign the resolution.

·        Jensen asked the Board if there were any comments or concerns regarding the October Zoning Hearing Board agenda.  There were no comments from the Board.

 

Police Chief

·        Fretz said the police department summer intern has returned to school and they now have an intern for the fall from East Stroudsburg University. 

 

Supervisors

·        Smith said football is in full session and they are still looking for a commissioner for basketball.  Smith said soccer and every sport is going really well.  Smith said Palmer football teams haven’t lost any games yet.

 

On motion by Mitchell, seconded by Panella, and agreed by all, the meeting was adjourned at 8:10 p.m. with three litigation and one real estate items for executive session. 

 

Respectfully submitted,

 

 

 

Robert G. Anckaitis

Township Manager