4

PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

NOVEMBER 28, 2006

A general business meeting of the Palmer Township Board of Supervisors was held on Tuesday, November 28, 2006 at 7:00 p.m. in the community room of the Palmer Library with four supervisors in attendance. Michael Mitchell was absent. Also in attendance were the Township Manager, Public Services Director, Police Lieutenant, and Township Solicitor. Courtney Lomax from the Express Times, Joe Nixon from the Morning Call, and Zach Lindsey from the 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 – NOVEMBER 28, 2006

INFORMATION

The report will be provided at the meeting.

DISCUSSION

On motion by Smith, seconded by Panella, and agreed by all, the Board approved the disbursement of funds for November 28, 2006.

3. APPROVAL OF MINUTES – NOVEMBER 16, 2006 AND NOVEMBER 20, 2006

DISCUSSION

On motion by Panella, seconded by Smith, and agreed by all, the Board approved the minutes of November 16, 2006.

Lammi changed page three, end of the first paragraph under item number nine, from “flooding” to “natural disasters.”

On motion by Smith, seconded by Panella, and agreed by all, the Board approved the minutes of November 20, 2006 with the above change.

4. MIDLANTIC REZONING REQUEST

INFORMATION

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

DISCUSSION

Bruno said this parcel is near the Glenmoor adult community and the applicant is asking if the Board will entertain their request to rezone the property from PO/IP to MDR. Bruno said their proposal is to put together a similar type adult community. Lammi asked if this came before this Board once before. Bruno said it did but it was through a different applicant.

Attorney Lisa Pereira and Nicholas Braco were present. Supervisor Smith said the last time this Board discussed this property we felt the current zoning was adequate. Colver explained that two years ago Glenmoor had a plan approved with at 3-2 vote and then this parcel came before us and it wasn’t approved. Colver said he doesn’t feel there should be residential development north of Corriere Road. Lammi said in the Glenmoor case it was across the street from the original adult community. Lammi said this parcel is too close to the industrial properties. Lammi said he voted against the rezoning originally to keep a buffer between the housing units and the industrial park. Pereira asked if the Glenmoor piece was rezoned. Lammi said one piece was rezoned and the other was already appropriately zoned. Pereira asked when the Glenmoor property was rezoned. Bruno said it was around December 2003. Bruno said as the Board is aware the decision to entertain this request is discretionary. Bruno said the applicant followed the proper procedure in this process and it allows them the opportunity to know before spending a significant amount of money on plans if the proposal is something the Board would consider.

On motion by Lammi, seconded by Smith, and agreed by all, the Board denied the request to entertain the petition to rezone the parcel located on the north side of Corriere Road.

5. CMC DEVELOPMENT AND MAPLE SHADE ESTATES DISCUSSION

INFORMATION

The developer is requesting a discussion regarding the use of Laubach Lane.

DISCUSSION

Attorney Stan Margle, Engineer John McRoberts, and Developer Michael Tuskes were in attendance. Margle reviewed the plan with the Board and said one of the challenging parts of the project is having the development span both Palmer and Bethlehem Townships. Margle said the Bethlehem Township portion is zoned AG and the Palmer Township portion is zoned MDR. Margle said 9.4 acres of the development in Bethlehem Township will maintain the Laubach Farm and be kept as open space. Margle said the Bethlehem Township ordinance will allow Laubach Farm to be privately owned but it must be kept as farmland preservation. Margle said Mr. Tuskes has proposed to close Laubach Lane to public access with temporary barricades and only use it as a walkway or bike path. Margle said it could also be used for emergency vehicles, if needed. Margle said the traffic that would typically use this road would use a collector street down Church Road with a controlled intersection that would run through the development and connect with Hartley Avenue. Margle said we are here tonight to ask this Boards advice. Margle said the Palmer Planning Commission favorably reviewed our plan but spent a lot of time discussing closing Laubach Lane. Margle said the Planning Commission moved to recommend that Laubach Lane be closed to public access and be used only for emergency services and used as a bike path and walk path. Margle said the Bethlehem Township Board unanimously agreed to support that decision. Margle said Nulton Avenue heading north past the church will be detoured into the new development but the portion around the curve and along Route 22 would be closed to normal traffic. Margle asked if the Board would prefer a right hand turn lane heading north on Nulton and turning right onto Church Road, and if the Board was in agreement with closing the portion of Laubach Lane.

Colver said initially he says yes to both questions. Colver said months back we sent a letter to Bethlehem Township requesting a stop sign be posted on Bethman Road. Colver said we haven’t heard back on that, possibly because of this development. Colver asked if the controlled intersection would be stop signs or a traffic light. Margle said it would be stop signs. Lammi asked if Hartley and Church would be a two way or four way stop. McRoberts said it would be a two way stop. Dillman said if there isn’t going to be stop signs on Nulton heading north and south there really isn’t a reason for a right hand turn lane. Dillman said if there are two lanes at a stop sign intersection one vehicles vision could be blocked where they wouldn’t see the stop sign. Dillman said you typically don’t set up a stop controlled intersection with a right turn lane. Lammi said if it’s not normally done this way he didn’t feel we should have a right turn lane. Margle said the developer is willing to work either way regarding Laubach Lane, he’s just looking for direction from this Board. Lammi said he doesn’t feel Laubach Lane needs to remain open. Lammi asked if the path would be buffered or improved. Margle said it would be buffered on both sides and the road would be repaired for a bike/walk path. The Board agreed to the closure of Laubach Lane. Lammi said he didn’t agree to the right turn on Nulton because of it not being typical at a stop signed intersection. The Board agreed. Anckaitis asked if Laubach is accessible to emergency vehicles how would it be done. McRoberts said removable bollards would be placed at each end.

Ron Grimsby, 337 Springfield Way, asked if Palmetto Drive was going to be opened up. Grimsby said that will increase traffic. Colver said this item will be going through the planning process next in the township and recommended he attend those meetings to have all his questions answered.

6. NORTHAMPTON COUNTY LETTER REGARDING ACT 4 OF 2006

INFORMATION

The Board needs to approve/disapprove participating in Act 4 of 2006.

DISCUSSION

Jensen said this leaves an option open to municipalities to maintain open space. Jensen said millage increases would be frozen at the time of property transfer. Jensen said it’s a tool the Board would have at its disposal. Lammi said he believes the county needs to have an answer from each municipality in the county. Jensen said she feels it’s a good tool for the township to have.

On motion by Lammi, seconded by Smith, and agreed by all, the Board agreed to the concepts set forth in PA Act 4 of 2006.

7. REQUEST TO ADVERTISE EMERGENCY AND MUNICIPAL SERVICES ORDINANCE

INFORMATION

The Board needs to approve/disapprove advertising enactment of the ordinance.

DISCUSSION

This item will be placed on the next meeting agenda.

8. 2007 SPCA ANIMAL SERVICES AGREEMENT

INFORMATION

The Board needs to approve/disapprove the 2007 SPCA animal services agreement.

DICUSSION

Anckaitis said at the last meeting the solicitor asked for a better definition of the trapped-neuter-return policy. Anckaitis said this is the standard agreement used by the SPCA. Anckaitis said the SPCA said the trapped-neuter-return policy applies mainly to cats. Apparently there are a lot of stray cats that are brought to the SPCA and this policy states if a resident brings them to the SPCA the SPCA will neuter the kittens and then return them to the resident. They will not keep the cats. Bruno said the agreement says the $40 charge is for each animal brought in to the SPCA. Anckaitis said he believes that’s only if an animal control officer or police officer brings the animal in to the SPCA.

On motion by Smith, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the 2007 animal services agreement.

9. VILLAGES AT MILL RACE, PHASE IV, ESCROW RELEASE #2

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 escrow release #2 for Villages at Mill Race, Phase IV.

10. SELVAGGIO ENTERPRISES, INC., ESCROW RELEASE #12

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 escrow release #12 for Selvaggio Enterprises, Inc., Somerset Village.

11. TOWNSHIP ENGINEER CAPITAL PROJECTS UPDATE

INFORMATION

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

DISCUSSION

Dillman said we are expecting bond information from the contractor for the Highland Park project and once we receive it we will forward to the solicitor for approval. Lammi asked when they expect to begin the work. Dillman said it will most likely start in the beginning of January.

Lammi asked for an update on the VanBuren and Route 248 intersection. Dillman said they are 85 to 90% finished and then everything will be submitted to Penndot.

12. PUBLIC COMMENT

None

13. REPORTS

Solicitor

· Bruno had an extension agreement for Glenmoor Realty asking for an extension of time to complete public improvements until June 30, 2007. On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the extension agreement.

· Bruno had an extension request from the Milford Street Self Storage Facility to complete conditions and enter into an improvement agreement. Bruno said they are requesting a 90 day extension from November 29, 2006. On motion by Panella, seconded by Smith, and agreed by all, the Board approved the extension request.

· Bruno said some changes have been made to the indemnification and hold harmless agreement we have with Bethlehem Township as it relates to the community center detention basin liners. Bruno said as a condition of Bethlehem Township’s approval they requested the township of Palmer to indemnify Bethlehem Township for harm caused by origination of sinkholes in the community center detention basins. Bruno said he revised the agreements appropriately and is now asking for the Chairman to sign the agreement. On motion by Smith, seconded by Lammi, and agreed by all, the Board authorized the Chairman to sign the indemnification agreement.

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

Township Manager

· Anckaitis said we received a letter from DCED saying our application was preliminarily recommended for funding in the amount of $5,000 regarding a grant for the fire department to upgrade the foam system on one of the trucks.

· Anckaitis said we have an opportunity to go see the automated system that Raritan Valley is starting up in Upper Macungie Township regarding trash pickup. Anckaitis said he and the Recycling Coordinator feel it would be beneficial to make this trip. Anckaitis said Lower Macungie said we could bring four people and he would recommend in addition to himself, Cindy Oatis, Bob Lammi, and if another supervisor is interested that would be fine. Anckaitis said it will be December 14 from 10 a.m. to 12 noon. Colver said either he or Smith would attend.

· Anckaitis said there will be a tree lighting ceremony and arrival of Santa on December 9th at 7 p.m. at the community center.

Public Services Director

· Adams said new playground equipment was installed at Briarcliff Park and mulch will be added in the next few days.

Planning Director

· Jensen asked if there were any questions or comments on the December Zoning Hearing Board agenda. There were none.

Supervisors

· Lammi asked when leaf pickup will be finished. Adams said he believes another two weeks but he will check with the public works superintendent to confirm and report back at the next meeting.

· Colver said at the community center the access road out toward Bethman Road and two western parking lots were constructed with curb, stone, and base coat.

On motion by Smith, seconded by Panella, and agreed by all, the meeting was adjourned at 8:00 p.m. with one real estate and one litigation item for executive session.

Respectfully submitted,

Robert G. Anckaitis

Township Manager