PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

OCTOBER 16, 2006

 

      A general business meeting of the Palmer Township Board of Supervisors was held on Monday, October 16, 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.  A reporter 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 – OCTOBER 16, 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 October 16, 2006.

 

3.      APPROVAL OF MINUTES – OCTOBER 2, 2006

 

      DISCUSSION

 

      On motion by Smith, seconded by Panella, and agreed by all, the Board approved the minutes of October 2, 2006.

 

4.      DISCUSSION WITH HERCULES CEMENT REPRESENTATIVES

 

      INFORMATION

 

      A discussion will be held with representatives of Hercules Cement regarding the repair of township sewer line and roadway as a result of sinkholes at Babbling Brook.

 

      DISCUSSION

 

      Joe Pospisil and Bruce Keim were present from Hercules Cement.  Pospisil said a week ago Hercules had to submit a plan on how they would repair the hole and a timeline.  Pospisil said two years ago we proposed lining the Bushkill Creek and the consensus was the only way to stop the sinkholes in the area was to line the Bushkill.  Pospisil said then Penndot presented a study that it would be detrimental to the bridge if we lined the whole creek.  Pospisil said we were told the subsurface solids would dry up and cause erosion.  Pospisil said they are currently trying to set up a meeting with Penndot but Penndot has yet to respond.  Pospisil said we previously lined 500 feet upstream and it has stopped the sinkholes in that area.  Pospisil said we can go in and repair the hole but in our previous repair we never found the eye of the hole because we couldn’t get into the whole area because of the houses.  Pospisil said we are ready to move on this now but we need Penndot to agree with what we want to do.  Pospisil added the final permit will come from the Corp of Engineers.  Pospisil said everyone wants to blame Hercules, but we are just one small part of this problem.  Pospisil said shutting off the pumping in the quarry won’t solve the problem.  Pospisil said as of this point we are waiting on Penndot to say if we could line the creek or a section of the creek.  Pospisil said we want to repair the sinkholes and get rid of that problem. 

 

      Mitchell asked how far downstream do you want to line the creek.  Pospisil said down to the 2017 bridge.  Colver asked what kind of liner.  Pospisil said they excavate down to the bedrock and then we segregate the material and put in a base of stone, impermeable membrane is laid over, we put shot creek with wire reinforcements, before the concrete hardens we place large cobblestone and put the original material back in.  Pospisil said we are not allowed to go up the bank of the stream but that isn’t a problem anymore because there is no bank.  Pospisil said then we replace all the vegetation.  Panella asked if Penndot has offered any alternative.  Pospisil said no.  Lammi said the Brookwood Group thinks sinkholes will open up at the end of the liner.  Pospisil said he hasn’t figured out the logic they use to come to that conclusion.  Pospisil said he believes they base that on the recharge but records over the years show the groundwater has always been below the stream.  Pospisil said some people say the deeper the flow of water the greater force of the flow.  Lammi said from what you’ve said the DEP mining office agrees with your proposal.  Pospisil said absolutely.  Lammi said at the recent public meeting Sharon Hill of DEP’s opinion was contrary to what you say the mining office has said.  Pospisil said he believes they don’t want the lining in the area of the bridge.  Lammi said this whole process may take some time to come to an agreement but in the mean time we have a road and sewer line that is affected.  Lammi asked what they are proposing on a temporary basis.  Pospisil said we could try to re-excavate and put in a big plug. Unfortunately, there are no guarantees.  Pospisil said the reason the area is collapsing is because of the flow underground.  Pospisil said there is also a risk of working in the area.  Lammi said he understands there is no easy solution because it is a big, big project.  Lammi asked if they have a feel for when they will have a proposal on either a temporary or permanent fix.  Pospisil said our geologists are currently working on it.  Pospisil said we hope to have something this week that we can run by you and get moving on a fix.  Pospisil said we will now need to get on the driveway to the west of the Sarkady home and it becomes more difficult when we are dealing on private property.  Lammi thanked them for coming in and briefing the Board.  Mitchell suggested the Board send a letter to Penndot asking to expedite the process.  Lammi said if need be we can always get Representative Grucela involved too.

     

5.   DOUGHERTY PARCEL CONSOLIDATION

 

      INFORMATION

 

      Mr. Dougherty will be present to discuss his request to combine 3502 and 3504 Freemansburg Avenue into one tax parcel.

 

      DISCUSSION

     

      William and Nancy Dougherty were present and they said they currently own a duplex at 3502 and 3504 Freemansburg Avenue.  Mr. Dougherty said they would like to make it into a single family dwelling.  Dougherty said they recently went through the zoning process for a home occupation and were approved by the Zoning Hearing Board.  Bruno asked if the properties had two parcel ID numbers.  Dougherty said right now they do have two parcel numbers.  Lammi said you will have to go through the legal process of combining the two lots.  Dougherty said he’s been told they could request a waiver to eliminate them from going through the whole subdivision process.  The Board agreed with the concept and asked the Solicitor to review it from a legal standpoint and report back to the Board.  Bruno said he wants to look into what the county will require to eliminate one of the parcels.  Dougherty showed the solicitor the form the county gave them indicating the consolidation of properties.  Bruno suggested the Board approve the concept subject to satisfactory review by the township solicitor.

 

      On motion by Lammi, seconded by Smith, and agreed by all, the Board approved consolidation of 3502 and 3504 Freemansburg Avenue into one tax parcel subject to the solicitor confirming the legalities with the county.

 

6.   ORDINANCE VACATING A PORTION OF 27TH STREET

 

      INFORMATION

 

      The Board needs to approve/disapprove the ordinance to vacate a portion of 27th Street.

 

      DISCUSSION

 

      Bruno said this relates back to the situation with the Palmer Fire Company when they requested the portion of 27th Street that goes through their parking lot be vacated.  Bruno said the Board previously agreed to the concept.

 

      On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the ordinance vacating the portion of 27th Street between the Palmer Fire Company and their parking lot.

 

7.      AUTHORIZATION FOR SOLICITOR TO DRAFT AND ADVERTISE EMERGENCY AND MUNICIPAL SERVICES ORDINANCE

 

      INFORMATION

 

      The Board needs to approve/disapprove the solicitor drafting and advertising a change to the Emergency and Municipal Services ordinance

 

      DISCUSSION

 

      Anckaitis said when this was called the Occupational Privilege Tax it was $10 per person and then the state changed the tax to the Emergency and Municipal Services Tax.  At that time governing bodies were allowed to increase the tax anywhere between $10 and $52.  Anckaitis said the governing body could also exempt individuals who make less money.  Anckaitis said we were one of the few districts that didn’t change it a year or two ago and kept it at $10.  Anckaitis said he is recommending it be raised to $52 per person exempting individuals who earn $10,000 or less annually.

 

      On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the solicitor to draft and advertise the ordinance changing the Emergency and Municipal Services tax from $10 to $52 and exempting individuals who earn $10,000 or less annually. 

 

8.      RIGHT-OF-WAY RESOLUTION FOR PROPERTIES INVOLVED IN THE GREENWOOD AVENUE EXTENSION PROJECT

 

      INFORMATION

 

      The Board needs to approve/disapprove the resolution.

 

      DISCUSSION

 

      Bruno said this item can be deferred until the next meeting.

     

9.   PUBLIC COMMENT

     

      Robert Gumlock, 109 Berks Street, asked why the resolution was deferred.  Bruno said it’s not in a final form he is comfortable with.  Bruno said there is no problem other than proper documentation.  Gumlock asked if the Starlite detention pond was turned over to the township.  Gumlock said it appears that the final work has been completed.  Anckaitis said after our last meeting the developer said it was converted.  Gumlock asked if bids are in for the Highland Park project.  Colver said the public services director will report on this issue during his report.

 

10. REPORTS

     

Solicitor

·        Bruno had an extension request for the T & S minor subdivision requesting an extension until November 15, 2006 to complete public improvements.  On motion by Mitchell, seconded by Smith, and agreed by all, the Board authorized the Chairman to sign the extension agreement.

·        Bruno had an extension request from the Hecktown Road Business Park requesting an extension until June 30, 2007 to complete public improvements. Lammi asked what is still required in our township.  Bruno said he didn’t have specifics but they only have $39,000 secured in Palmer Township.  Bruno said the review in our township took place back in 2003.  On motion by Lammi, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the extension agreement.

·        Bruno had a request for an extension to enter into an improvements agreement by Mr. Cahill.  Bruno said Mr. Cahill got his land development approved but he is asking for a 90-day extension.  On motion by Lammi, seconded by Smith, and agreed by all, the Board granted the extension request.

·        Bruno had a request for an extension to enter into an improvements agreement on behalf of George Seiple and Company from Mr. Stitt.  Bruno said the extension request is until December 31, 2006.  On motion by Mitchell, seconded by Panella, and agreed by all, the Board granted the extension request.          

 

Township Manager

·        Anckaitis said last week we discussed billing the community center fitness center members quarterly instead of annually.  Anckaitis said after discussing this further with the director of the community center we would like to keep it as is.  Anckaitis said it really wouldn’t benefit us to change it.  Anckaitis said they would like to keep it yearly because they had a number of people pay after the delinquent notices were sent.  Colver said to maybe consider raising the rate for people who wouldn’t pay up front. 

 

·        Anckaitis said he is considering doing a business privilege tax audit.  Anckaitis said he met with a consultant working for Easton who was auditing someone who claimed they were paying the tax to Palmer instead of Easton.  Anckaitis showed an example of an individual who showed two different figures on his earned income tax paperwork versus his business privilege tax paperwork.  Anckaitis said the consultant doesn’t charge a fee he takes a commission of what is collected.  Anckaitis said the South Whitehall Township manager said he has saved Whitehall a lot of money.  Anckaitis said if the Board is okay with the idea he would have the solicitor review the consultants agreement.  Anckaitis said he believes we are missing out on an awful lot of money.  Anckaitis said the consultant thinks he could double our business privilege income.  Lammi asked how many years back can they collect.  Anckaitis said that is a good question but he doesn’t know the answer.  Anckaitis said a few years back we found a business that wasn’t paying and we went back five years.  Anckaitis said legally he didn’t know how far back we could go.  Anckaitis said the consultant would find the violation and the township would then have to enforce it.  Anckaitis said if the Board is okay with this he’ll have the solicitor review the agreement.  Bruno asked if the township requires a Schedule C be submitted with the business privilege license.  Anckaitis said we do, but the sample he was shown showed two different figures on two different Schedule C’s that were submitted.

·        One litigation item for executive session.

 

Public Services Director

·        Adams said recently the traffic safety committee sent a letter to Penndot to take a look at putting in a four way stop sign at Northwood Avenue, VanBuren Road, and Kingston Road.  Adams said Penndot responded quickly and they will be putting in a four way stop within the month at this intersection.

·        Adams said the Palmer Municipal Sewer Authority contractor working on the interceptor project at the Schoeneck Creek will again begin working on VanBuren Road.  Adams said the road will be closed next week and then the following week Newlins Mill Road would be closed for about a week.

·        Adams said concerning the Highland Park project the bid date was scheduled to be this Thursday.  Adams said our engineer received some comments from Suburban Water and the Sewer Authority and they needed to issue an addendum to the bid.  Adams said they didn’t feel the bids could be submitted by this Thursday so they will now be opened October 26th.  Colver said that will come back to the Board on the first Monday in November and there won’t be a full Board at the meeting.  Colver said this project won’t get started until the New Year.  Adams said they are still hoping to get going with construction work in December.  Anckaitis said we didn’t have any choice but to push it back one week. 

 

      Police Chief

·        Fretz said Palmer and Tracy schools recently held safety programs that the department participated in.  Fretz said both programs went well.  Fretz said we are also working with the high school.

 

Supervisors

·        Smith said the commissioner of soccer asked if there is any way they could use the two fields at Villages at Mill Race for their soccer tournament on November 3, 4, & 5th.  Smith said the commissioner had heard a temporary use was granted for the parking area over at Starlite and he thought the same could be done with the fields at Villages.  Bruno said it is for fields we don’t own yet.  Bruno said for LaBarre it was a temporary easement for use of the parking lot.  Bruno said he believes that it could be pursued conceptually but there are liability issues.  Colver said as much as we’d like to do it we can’t keep waiving off portions.  Bruno said we’d still need to put paperwork together to allow it.

·        Lammi said at the last meeting we talked about the meeting at Lafayette College regarding the joint comprehensive plan.  Lammi said he attended the meeting last Wednesday night and said it wasn’t really well attended.  Lammi said they talked about putting a steering committee together.  Lammi said before we go too far down the road it was agreed to go back to our governing bodies and ask if the Board agreed to have a representative on the steering committee to review this whole process and see what direction we should go.  Lammi said there may be a benefit for municipalities that participate in a joint plan as far as grants being awarded.  Lammi said he feels it’s important that someone in the township stay involved and he’s asking the Board authorize him as that person.  On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized Robert Lammi as Palmer’s steering committee member evaluating a joint comprehensive plan.

·        Colver said the site work at the community center is moving along as planned.  Colver said the new roofing contractor has been working on the roof replacing the flashing.  Colver said blacktopping is slated to start Monday of next week.  Anckaitis said they held a craft show this past Sunday and it went very well and was well attended.  Lammi said he complimented the community center director and said he feels the staff over there is doing a great job keeping the place looking nice.

·        Panella said when Commerce Bank was before us they were going to move parking places.  Panella said she doesn’t see any new spaces and with holiday shopping coming they could be used.  Colver said the Zoning Hearing Board gave Commerce Bank until next spring to create the spaces.

 

On motion by Mitchell, seconded by Panella, and agreed by all, the meeting was adjourned at 8:25 p.m. with one litigation item for executive session. 

 

Respectfully submitted,

 

 

 

Robert G. Anckaitis

Township Manager