PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

OCTOBER 2, 2006

A general business meeting of the Palmer Township Board of Supervisors was held on Monday, October 2, 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, Public Services Director, Police Chief and Township Solicitor. 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 – OCTOBER 2, 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 October 2, 2006.

3. APPROVAL OF MINUTES – SEPTEMBER 26, 2006

DISCUSSION

Bruno requested the following changes: Page two, at the end of the last paragraph of item number five he added, “the Board agreed.” On page three, under item number seven, tenth sentence, he added “each use” after applicants; and after that sentence he added another sentence, “Also, additional need for public improvements may be generated by alternate users”. Under the first item in the solicitor report on page nine regarding Easton Center, he changed where it referred to the Board authorizing an extension to “the Board authorizing the solicitor to make demand against the letter of credit”. The same change was made under the solicitor’s second report item regarding The Estates at Knobhill.

On motion by Panella, seconded by Mitchell, and agreed by four, Lammi abstained because he was absent at the last meeting, the Board approved the minutes of September 26, 2006, with the above changes.

4. 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 last week he asked to table this item due to insurance issues and they have not yet been resolved. Bruno said the bidder was supposed to include subrogation in their insurance and since it wasn’t included there could be an additional bid cost. Bruno said if they change their bid now he believes the bid would be obsolete. Bruno said the Board could approve the item tonight subject to the solicitors review.

On motion by Lammi, seconded by Mitchell, and agreed by all, the Board awarded the bid to Beatty Contractors & Wreckers in the amount of $14,000 contingent upon all the insurance issues being resolved, and noted if the insurance paperwork wasn’t adequate from this bidder, the bid would be awarded to the next lowest bidder, FRA-MI Developers in the amount of $17,950.

5. 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 reviewed what was included in the change order with the Board.

On motion by Smith, seconded by Panella, and agreed by all, the Board approved the change order in the amount of $20,439, as recommended by the public services director.

6. BOND PAYMENTS FOR GREENWOOD AVENUE EXTENSION RIGHTS-OF-WAY AND EASEMENTS

INFORMATION

The acquisition of right-of-way and easements for the 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 Mitchell, seconded by Smith, 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:

· Miller, temporary construction easement - $200; right-of-way - $1,090

· Archer, temporary construction easement - $800; right-of-way - $1,367; drainage easement - $2,568; slope easement - $91; sanitary sewer easement - $873; temporary construction & drainage easement - $1,000

· D’Angelo, temporary construction easement - $300

· Mengel – temporary construction easement - $1,028; right of way - $5,073; drainage easement - $2,495; slope easement - $3,739

· D’Angelo, temporary construction easement - $100

· Gotto, temporary construction easement - $200; right-of-way - $1,016

· Gotto/Ebert, temporary construction easement - $400

· Shriver, right-of-way - $183

· Calatoni, right-of-way - $505

· Miller, temporary construction easement - $100; right-of-way - $15

· Piscitello, temporary construction easement - $200

· D’Angelo, temporary construction easement - $2,700

7. PUBLIC COMMENT

Robert Gumlock, 109 Berks Street, said he observed that the detention pond at Starlite Estates has been converted into its final state. Colver said at the last meeting the township engineer reported that the developer received word they could convert. Anckaitis said he will follow up on it tomorrow. Gumlock asked if bids have been received for the project. Colver said the bids are due in October 19^th.

8. REPORTS

Solicitor

· Bruno had an extension agreement for Zawarski’s Charlotte Avenue office building. Bruno said it is currently under agreement with Ashley Development and they are requesting additional time to get the plan recorded. Bruno said they are requesting a 90-day extension. On motion by Lammi, seconded by Smith, and agreed by all, the Board authorized the 90-day extension.

· Bruno said Prologis revised the necessary security and signed the subdivision improvements agreement and the addendum where they agree to pay $146,500 toward traffic improvements at Northwood Avenue and Route 248 and VanBuren Road and Route 248. On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the chairman to sign the improvements agreement and addendum.

· Bruno had one real estate item for executive session.

Township Manager

· Anckaitis said the township received the state aid check in the amount of $293,409.63 on September 26^th. Anckaitis said distribution needs to be approved by the Board of Supervisors. Anckaitis said in the past years he’s recommended more be placed in the uniformed plan than was required. Anckaitis said the police pension MMO amount is $263,634. Anckaitis recommended the whole amount of the state aid check be deposited in the uniformed pension fund and the non-uniformed contribution be paid out of the general fund in the amount of $265,797 as was budgeted. Anckaitis said $49,837 actually comes out of the sewer budget to cover their 7-1/2 employees. On motion by Lammi , seconded by Smith, and agreed by all, the Board approved depositing the state aid check in the amount of $293,409.63 into the uniformed pension plan and $265,797 will be paid out of the general fund and sewer fund to the non-uniformed pension plan.

· Anckaitis said there is currently $2,745 outstanding for fitness center memberships at the center. Anckaitis said when the center opened everyone was required to sign an agreement stating the annual fees for using the fitness center. Anckaitis said we had them commit to the year but they could pay on a quarterly basis. Anckaitis said now we have individuals who haven’t made their quarterly commitment. Anckaitis asked if the Board had any recommendations on how to get these outstanding fees collected. Anckaitis said we’ve been sending reminder notes to the individuals. Lammi said he recommends they pay up front for the quarter. Bruno suggested a letter from the township attorney may prompt some action. Bruno said after that the next step would be to file a claim with the magistrate’s office.

· Anckaitis said this past Wednesday night Officer Sipel asked if he would attend a presentation being made by Smith Barney to hear what they have available for municipal pension plans. Anckaitis said he was very impressed with the presentation and he feels it would benefit either the pension board or the whole Board of Supervisors to hear Smith Barney’s recommendations. Anckaitis said if the Board would be interested in pursuing what Smith Barney proposes we could then have our current provider, Fulton Financial, review and provide their opinion. Anckaitis said Fulton Financial has offered to do that. Panella asked if the fees are comparable to Fulton. Anckaitis said it was a general presentation so it didn’t get into fees. Colver suggested the township manager get some of the background work done, like getting fees, and then bring it back to the Board. Panella said it never hurts to look at other alternatives.

· Anckaitis said there were two gentlemen riding bikes on the bike path today where it is being constructed along the Bushkill Creek. Anckaitis said one guy lost control of his bike and knocked the other guy off a bridge into the creek. Anckaitis said he was wedged in between a dead tree log. Anckaitis said the individual was conscious and was talking and he was told there didn’t appear to be any life threatening injuries but Medivac was called in as a precautionary measure.

Public Services Director

· Adams said the sinkhole up at Babbling Brook is active again and Tim Martin, the township geotechnical engineer, is evaluating it.

Supervisors

· Lammi said a few weeks ago he talked about making changes to fees in the MPC and suggesting bringing a resolution to the County Convention. Lammi said after some correspondence with someone at PSATS he’s decided to withdraw his previous recommendation.

· Lammi said he and Tom Adams attended a meeting in Stockertown two weeks ago regarding the sinkhole situation. Lammi said the meeting was a follow-up on a study Penndot completed on the project due to the previous Route 33 bridge damage. Lammi said essentially what they found is that that whole area is very unstable. Lammi said they talked about lining the creek from the existing liner that Hercules put in to the Tatamy Road Bridge but they decided not to do it because they feel it would be more of a problem and it would be very expensive. Lammi said they will continue to monitor the area and fix the sinkholes as they appear. Lammi said Penndot feels it cannot be resolved. Lammi said the geologists that were in attendance were very knowledgeable. Lammi added there still isn’t a resolution regarding the Tatamy Road Bridge but said Penndot did say they would be meeting with surrounding municipalities in the future.

· Lammi said the Board members received a letter from Freeman, Grucela, and Wonderling about implementing a joint municipal plan. Lammi said in the past there have been some meetings but he hadn’t attended. Lammi said he will attend the next meeting to see what it is all about. Lammi said he feels if there is going to be discussion it should be the Council of Governments that are involved. Lammi said he feels Palmer should attend these meetings because we are a big player in the area.

· Lammi said he and Supervisor Smith attended the Commerce Bank grand opening on Saturday. Lammi said the Commerce Bank management team spoke very highly of all the employees in the township that were involved with their project.

On motion by Smith, seconded by Lammi, and agreed by all, the meeting was adjourned at 7:50 p.m. with one real estate item for executive session.

Respectfully submitted,

Robert G. Anckaitis

Township Manager