PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

JANUARY 23, 2007

 

      A general business meeting of the Palmer Township Board of Supervisors was held on Tuesday, January 23, 2007 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, Director of Public Services, Planning Director, Police Chief, Township Engineer, and the Township Solicitor.  Joe Nixon from the Morning Call, Courtney Lomax from the Express-Times, and Jan Schott 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 – JANUARY 15, 2007, AND JANUARY 23, 2007

 

      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 January 15, 2007 and January 23, 2007.

 

3.      APPROVAL OF MINUTES – JANUARY 2, 2007

 

      DISCUSSION

 

      On motion by Panella, seconded by Smith, and agreed by all, the Board approved the minutes of January 2, 2007.

     

4.   PALMER BUSINESS PARK PRELIMINARY LAND DEVELOPMENT PLAN REVIEW

 

      INFORMATION

 

      The Board needs to approve/disapprove the preliminary land development plan review.

 

      DISCUSSION

 

      Jensen said at the January 9th Planning Commission meeting Mr. Pugliese presented his plan for a 3,880 square foot restaurant with access from Corporate Drive, and a three story office building.  Jensen said the Planning Commission recommended approval as outlined in her January 10, 2007 letter to the Board.  Nick Pugliese, the Applicant, and Andrew Woods, Professional Engineer, were in attendance.  Woods reviewed their plan with the Board.  Woods said they don’t have any issues with the Township Engineer’s letter.  Woods said there are a few walls proposed for the project and showed the Board where they are on the plan.  Lammi asked if the Township Engineer reviewed the walls.  Dillman said they haven’t seen any details for the walls.  Lammi said right now there are three lots and you will be combining them into two lots.  Woods said that is correct.  Colver asked if the parking is sufficient.  Woods said yes.  Dillman said he believes the one wall will need to go before the Zoning Hearing Board because of setback with a neighboring property.  Woods said all the walls will be less than 6 feet.  Dillman said he thinks there should be something between the walk area and the driveway area.  Dillman said maybe a raised curb or something that would keep the cars out of the walking area.  Dillman also asked that the fences be noted on the revised plan.  Dillman said at the Planning Commission meeting they reviewed PM peak hour trips for the project.  Dillman said for the restaurant the PM peak hour trips are estimated at 42 to 73, and assuming the office building will be two floors it would be estimated at 15 trips.  Dillman said this was all considered when discussing the applicant’s voluntary traffic contribution.  Dillman said minimum PM peak hour trip between the two buildings is 57, and the voluntary traffic contribution is typically $1,000 per trip.

 

      Lammi made a motion to grant conditional approval of the preliminary land development plan conditioned upon:  the applicant fulfilling the items outlined in the Township Engineer’s letter dated January 4, 2007; the applicant fulfill the township departmental comments dated January 4, 2007; a recreation fee of $6,810 be paid in accordance with township ordinance; a voluntary traffic contribution will be accepted in the amount of $57,000 based on PM peak trips; the applicant enter into a subdivision improvements agreement to the satisfaction of the Township Solicitor; and the applicant provide financial security in a form acceptable to the Township Solicitor.  A waiver is granted regarding Section 165-61.E(1) as it relates to creation of a double-frontage lot; waiver granted regarding Section 165-57.B related to driveway setback from an intersection; waiver granted regarding Section 158-15.B(4) related to the two-year post development peak runoff; and a deferral was granted regarding Section 165.69.A related to installation of sidewalk along Kunkle Drive; and the Board finds that the retaining walls are necessary pending the Township Engineer’s review and approval. 

 

      Bruno made a recommendation to amend the motion regarding the voluntary traffic contribution to note that the applicant has offered, and it was accepted by the township, in the amount of $57,000.  Bruno noted to change the agreement the applicant will enter into from a subdivision improvements agreement to a land development and subdivision agreement.  Bruno said the retaining wall approval should be conditioned upon the applicant obtaining setback approval from the Zoning Hearing Board.  Lammi amended his motion to include Bruno’s recommendation.  The motion was seconded by Mitchell, and agreed by all.

 

5.   MAPLE SHADE ESTATES-LAUBACH TRACT PRELIMINARY SUBDIVISION REVIEW

 

      INFORMATION       

           

                  The Board needs to approve/disapprove the preliminary subdivision review.

 

      DICUSSION

 

Jensen said this plan was before the Planning Commission on January 9th and they are proposing a 79 lot single family residential subdivision (45 dwellings in Palmer Township and 34 dwellings in Bethlehem Township).  Jensen reviewed the closing of Laubach Lane to public traffic. 

 

      Attorney Stan Margle, and John McRoberts, from Van Cleef Engineering, were in attendance.  Margle said since the January 9th Planning Commission meeting they received preliminary conditional approval from the Bethlehem Township Commissioners.  Margle said one outstanding issue is obtaining easements for running of the sewer line toward Greenwood Avenue.  Margle said they are actively discussing this with other business in this area.  Margle said they reviewed the Pidcock letter, the Planning Directors letter, and the township departmental comments, and agree to comply with all.  Dillman said the only new item since the Planning Commission meeting is they took a look at the intersections at Hartley and Greenwood Avenue and William Penn Highway and Nulton Avenue.  Dillman said the William Penn Highway and Nulton Avenue intersection improvements are estimated to cost $650,000 to signalize.  The developers share ranges from 5–19%.  Using the lowest percentage (5%) their cost would be $32,500.  At Greenwood Avenue and Hartley Avenue the cost is estimated at $750,000 and the developers share ranges from 10-22%.  Dillman said using the lowest percentage (10%) their cost would be $75,000.  Dillman said the combined intersection costs associated by this development are $107,500.  Margle said the applicant previously committed to make a voluntary traffic contribution but without the principal of the development with me here tonight we are unable to designate the amount of the contribution.  Margle said the developer will make a reasonable voluntary traffic contribution.  Bruno said he disagrees with the idea of putting off the decision tonight regarding the voluntary traffic contribution.  Bruno said it was discussed the last time this was in front of this Board.  Bruno said he would recommend the applicant give an extension of time so it could be agreed upon during preliminary approval.  Margle said an extension of time will be granted for the applicant to review the numbers.  Margle said one other issue that was discussed was interpretation regarding setback between two zoning districts.  Margle said this issue was resolved with Mr. Embardino.  Margle will submit a letter of extension to the Township Solicitor.

 

Lammi made a motion to table the item until the February 27th Board of Supervisors meeting.

 

6.   PUBLIC HEARING FOR THE EASTON AREA SCHOOL DISTRICT REZONING REQUEST

 

                  INFORMATION       

           

                  The Board needs to approve/disapprove rezoning the properties on Edgewood Drive.

 

      DISCUSSION

 

      Attorney McFall, and Joe Kist, were present from the school district.

 

      Bruno said the three parcels are currently owned by Binney and Smith and Kepler Fuel Company.  Bruno said this was before the Board previously to discuss if the Board would entertain their request to rezone the properties from HI to MDR.  Bruno said since then it was suggested by township representatives to have it addressed by a zoning amendment as opposed to reclassification.  Bruno said if changed to MDR there could be some setback issues that would affect adjoining property owners.  Bruno said there is no set ordinance to act upon tonight.  Bruno said tonight this was scheduled for public hearing for conceptual approval of this concept to include “school use” in the HI district.

 

      Lammi said the Lehigh Valley Planning Commission reviewed the initial request to rezone from HI to MDR.  Bruno said he will send another letter to the LVPC indicating that the Board would like to see it as an amendment to include “school use” in the HI district rather than changing the zoning.  Bruno said he feels the Board could still entertain the request tonight subject to final comments from the Lehigh Valley Planning Commission.  Lammi said we need to ensure the conditions are properly worded in the amendment so a school can not be located next to a hazardous industrial operation.

 

      McFall reviewed the parcels and their anticipated uses.  McFall said he feels what was discussed tonight will work.  McFall said their objective is to purchase the property by the middle of March.  Bruno asked if there were any questions or comments from the public.  There were none.

 

      On motion by Lammi, seconded by Smith, and agree by all, the Board agreed to the concept of adding “school use” as a conditional use in the HI zoning district, conditioned upon approval from the Lehigh Valley Planning Commission.

 

      Jensen asked about the timing of approval since deadline for the next Planning Commission meeting was today at 4 p.m.  There was some discussion regarding how long the review process will take.

 

7.   EASTON AREA JOINT SEWER AUTHORITY ACT 537 SPECIAL STUDY ORDINANCE AND AGREEMENT

 

      INFORMATION

     

      The Board needs to approve/disapprove the ordinance and authorize the Chairman to sign the agreement.

 

      DISCUSSION

 

      Bruno said this was before the Board earlier for approval to advertise the ordinance for adoption.  Bruno said if the ordinance is approved the Chairman will also need to sign the agreement.

 

      On motion by Panella, seconded by Mitchell, and agreed by all, the Board approved the Easton Area Joint Sewer Authority Act 537 Special Study ordinance.

 

On motion by Smith, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the Easton Area Joint Sewer Authority Act 537 Special Study agreement.

 

8.      PEDDLER RESOLUTION

 

                  INFORMATION       

           

      The Board needs to approve/disapprove the resolution amending the peddler’s license schedule.

 

                  DISCUSSION

 

      On motion by Panella, seconded by Lammi, and agreed by all, the Board approved the resolution amending the peddler’s license schedule.

 

9.      PROPOSED TRAFFIC SIGNS FOR INTERSECTIONS

 

                  INFORMATION       

           

      The Board needs to approve/disapprove the traffic signs for two uncontrolled intersections.

 

                  DISCUSSION

 

      Adams said the traffic committee is recommending a stop sign and yield sign be placed at the intersections of Middle Court and Edie Lane and Howie Place and Mountain View Avenue.

 

      On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved adding a stop sign at the intersection of Middle Court and Edie Lane, and adding a yield sign at the intersection of Howie Place and Mountain View Avenue.

 

10.  REALTY TRANSFER TAX ORDINANCE

 

                  INFORMATION       

           

                  The Board needs to approve/disapprove advertising the ordinance.

 

                  DISCUSSION

 

      Bruno said in 2006 the recorder of deeds office wrote a letter suggesting townships become consistent regarding realty transfer tax collection of delinquent taxes.  Bruno said the changes were regarding interest being imposed for delinquent taxes collected.

 

      On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized advertising the realty transfer tax ordinance.

 

11.  ESTATES AT PENNS GRANT ESCROW RELEASE #4

 

                  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 #4 in the amount of $56,091.80 for the Estates at Penn’s Grant.

 

12.  VILLAGES AT MILL RACE, PHASE III, ESCROW RELEASE #5

 

                  INFORMATION       

           

                  The Board needs to approve/disapprove the escrow release.

 

                  DISCUSSION

 

On motion by Lammi, seconded by Mitchell, and agreed by all, the Board approved escrow release #5 in the amount of $156,772.38 for Villages at Mill Race, Phase III.

 

13. TOWNSHIP ENGINEER CAPITAL PROJECTS UPDATE

 

      INFORMATION

 

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

 

      DISCUSSION

 

      Dillman said the Highland Park project is underway.  Dillman said two weeks ago we had a meeting with the property owners and it went very well.  Tree clearing is under way and sanitary sewer construction started yesterday and will continue during the next seven to ten days.  Dillman said the storm water construction will follow.  Dillman said the big issue on this project is communication with neighbors.  Dillman said we are holding weekly job conferences.

 

      Colver asked where things stand regarding the Freemansburg Avenue project.  Dillman said he wasn’t sure where we stand regarding acquisition of properties in the area. 

 

      Dillman said we are close to having a set of plans ready to submit to Penndot for the intersection at VanBuren Road and Route 248.  Colver asked if there are any cost updates.  Dillman said he would like to see Penndot’s comments before they put a cost estimate together.  Dillman said we already know Penndot will want two left turn lanes.

 

14. PUBLIC COMMENT

     

      Ron Grimsby, 336 Springfield Way, said since June the fence around a swimming pool in his neighborhood has been in non-compliance of the township ordinance.  Bruno said a notice was sent to the property owner advising them that there was a violation of the building code and it provided a 30 day period for them to comply with the problem.  Bruno said the property owner has not responded and the 30 days passed last week.  Bruno said the next step will be to serve the property owner that he is in non-compliance and schedule a hearing with a District Justice.  Lammi asked when the notice will be sent.  Bruno said he could shoot for the next few days.  Bruno said the township code officer will attend the hearing and asked if the Board would like him present.  The Board agreed to have the Solicitor attend the hearing.  Grimsby asked to be advised of the court date. 

 

      Grimsby said he feels a sound barrier should be included in the Maple Shade Estates development for the residents living along Route 22.

     

15. REPORTS

     

Solicitor

·        Bruno said the Melhem matter is on the next Zoning Hearing Board agenda and said the township has been trying to address having the property rezoned for reasonable use.  Bruno said the Zoning Hearing Board will hear the matter as if the rezoning was approved.  Bruno asked if the Board wants representation by him at the hearing.  Lammi said he would like to have the Zoning Officer know that this Board supports what they are looking to do and it is required to make it work.

·        Bruno had an addendum to the agreement between the township and the Walker Brother’s Circus.  Bruno reviewed the addendum.  Anckaitis said the agreement was signed after this was before the Board last month because the Board approved it conditioned upon the Solicitor’s review and changes.

·        Bruno had an extension agreement for Victoria Place, Phase 4, requesting an extension until June 30, 2007.  On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the extension agreement.

·        Bruno had a request from Crossing Court for a six month extension starting December 4, 2006 to enter into a maintenance period.  On motion by Smith, seconded by Lammi, and agreed by all, the Board authorized the Chairman to sign the extension request.

·        Bruno had a request from Dr. Salib of the Crossroads of Nazareth requesting a 30 day extension of time to record their plan.  On motion by Panella, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the extension request.

·        Bruno had a request for Chrin Commerce Center requesting an additional four month extension for recording of their plan.  On motion by Mitchell, seconded by Smith, and agreed by all, the Board authorized the Chairman to sign the extension request.

·        Bruno had a request from the Rizzolino Cheerleading School requesting an extension of 60 days to record their plan.  On motion by Smith, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the extension request.

·        Bruno had a request from Cahill Properties LLC requesting a 90 day extension of time to meet conditions to record their plan.  On motion by Smith, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the extension request.

·        Bruno had a request from Mr. Kharecha requesting an extension until March 30, 2007.  On motion by Smith, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the extension request.

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

 

Township Manager

·        Anckaitis said he responded to the Chief approving his recommendation to promote Officers Hagenbuch, Smoke, and Unangst to full time police officers.  Anckaitis said the Chief and Lieutenant will be interviewing new part time candidates.

·        Anckaitis said we will open bids on the waste contract next Monday.  Anckaitis said last time this Board talked about setting up a special meeting after the bid opening to discuss the bids received.  Anckaitis said we will need to advertise a special meeting so we need to pick a date and time that is good for everyone.  The Board agreed if it fits with the Recycling Coordinator’s schedule to put it on the February 5th Board of Supervisor meeting.

·        Anckaitis said he gave the Board a copy of a letter from Conrad Siegel regarding the actuarial study regarding the police pension plan.  Anckaitis said the COLA increase will increase the MMO $4,900.  Anckaitis said now that the actuarial study is completed he will notify the actuary to give the increase to the pension recipients.

 

Public Services Director

·        Adams said the library roof is done except for cleanup.

 

Planning Director

·        Jensen asked if there were any other issues regarding the Zoning Hearing Board agenda.  There were none.

 

Police Chief

·        Fretz said about a month ago he gave information to the Board regarding the start up of central booking locations.  Fretz said the agreement was reviewed by the Solicitor.  Fretz said the start up has been put off until April 1.  Lammi said a month ago you gave the Board information about a computer system being looked at for the whole Lehigh Valley area.  Fretz said there is a meeting tomorrow morning formulating the plan that will be presented to the County Executives for implementation of the system.  Fretz said he believes tomorrow is the third meeting of five meetings.  Lammi asked if townships should submit letters to the County Executives supporting the project.  Fretz said he will bring it up at the meeting and get back to him.

 

Supervisors

·        Lammi said one thing he didn’t have with the current website was the ability to track activity of the site.  Lammi said he asked Accufind to add the tracking software and it will cost $5 per month per website.  Lammi made a motion to enter into an agreement with Accufind to provide Webtrends for the community center, fire department and township websites.  The motion was seconded by Mitchell, and agreed by all.  Lammi said this new feature will tell us how many hits we have on the site and what information people are looking at.

·        Lammi said regarding the waste contract, 2006 vs. 2005 statistics indicate curbside recycling dropped from 9% to 6.4%.  Lammi said this was discussed with the ESC and we will be doing more in the future regarding communication to residents.

·        Colver said he attended the fire department meeting last night and told them he will continue to be liaison of the department.  Colver said the new fire truck is scheduled for delivery in May.  Colver said we know we have a housing problem and initially the new truck will go to station two and we will move the small vehicle up to station one.  Colver said they will be forming a committee to look into options at station one to accommodate the new truck and additional storage.

 

On motion by Mitchell, seconded by Panella, and agreed by all, the meeting was adjourned at 8:55 p.m. with two litigation and one real estate item for executive session. 

 

Respectfully submitted,

 

 

Robert G. Anckaitis

Township Manager