PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

FEBRUARY 27, 2007

 

      A general business meeting of the Palmer Township Board of Supervisors was held on Tuesday, February 27, 2007 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 Township Manager, Director of Public Services, Police Lieutenant, Planning Director and the Township Solicitor.  Courtney Lomax from the Express Times and Madeleine Mathias from the Morning Call represented the news media.  Colver convened the meeting and led those present in the Pledge to the Flag. 

     

2.   APPROVAL OF DISBURSEMENT OF FUNDS – FEBRUARY 27, 2007

 

      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 February 27, 2007.

 

3.      APPROVAL OF MINUTES – FEBRUARY 19, 2007

 

      DISCUSSION

 

Bruno removed the words “vote taken” in the first paragraph under item number four and replaced it with “if there is any action taken.”  Added to the last paragraph of page two where Tom Ganssle spoke “Co-Chairman of the Environmental Steering Committee.”  On page three, second paragraph, Bruno removed the word “only” from the second sentence.  On page five, last paragraph, Bruno added the word “the” in three different locations.  On page six, first sentence, Bruno removed the word “re-bid” and replaced it with “prepare a bid package.

 

On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved the minutes of February 19, 2007 with the above changes.

     

4.   EASD REZONING REQUEST

 

                  INFORMATION       

     

      The Board needs to approve/disapprove the rezoning request.

 

      DISCUSSION

 

      Bruno said originally this was filed as a rezoning request.  Bruno said since we began the process there were some issues regarding how that would affect neighboring properties.  Bruno said it was agreed that a zoning amendment to allow for schools as a conditional use in the zone would be the best route to take.  Bruno said this is for consideration of the zoning amendment to allow for schools as a conditional use in a heavy industrial zone with the conditions outlined in the amendment. 

 

      On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the ordinance allowing public and private school uses as a conditional use in a Heavy Industrial/Mixed use zoning district and further provide for additional conditions to be associated with the use.

     

5.   EASD CONDITIONAL USE APPROVAL

 

INFORMATION       

     

      The Board needs to approve/disapprove the conditional use approval.

 

      DICUSSION

 

      Bruno entered the following exhibits to the record:

 

      T-1      Letter dated February 23, 2007 from Amanda Jensen on behalf of the Planning Commission to the Board of Supervisors indicating the Planning Commission reviewed the conditional use application and recommended approval.

     

      T-2      Copy of ordinance just approved.

 

      T-3      Lehigh Valley Planning Commission letter dated February 23, 2007.

 

      Bruno noted the matter had been advertised for public hearing in the Morning Call as required by the Planning Code.

 

      Attorney Allen McFall, Solicitor for the school district and Joseph Kish, Assistant Superintendent were in attendance.  Stenographer Rewak swore in Mr. Kish.  McFall entered a sketch plan of the area as exhibit SD-1.  McFall said the school district entered into an agreement of sale to purchase two parcels of land from Binney & Smith that total 13.4 acres.  McFall noted the parcels include two existing structures, an office building and a boiler house.  McFall said an adjacent parcel of land on the other side of Edgewood is under agreement with Keplers Coal Company which is 7.6 acres.    McFall stated that the property will be used for bus and van transportation vehicles and the maintenance of these vehicles will continue to be done at the transportation facility at Tracy School.  McFall reviewed all conditions previously outlined by the Township Engineer with Kish and noted the school district intends to comply with all conditions and township ordinances. 

     

      Bruno asked if there were any questions of the witness from the public, there were none.  Bruno asked if anyone was in objection, there were no objections.  Bruno closed the record for deliberation.

 

On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the conditional use request provided the applicant satisfy all comments outlined in the Township Engineer letter dated February 9, 2007, conditioned upon the applicant complying with the township departmental comments, conditioned upon the applicant’s submission of a site plan satisfactory to the Township Engineer, and conditioned upon the amendment of the ordinance to be effective within five days from tonight.

 

6.      MAPLE SHADE ESTATES PRELIMINARY SUBDIVISION APPROVAL

 

INFORMATION       

     

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

 

      DISCUSSION

 

      Attorney Stan Margle, John McRoberts from VanCleef Engineering Associates, and Mike Tuskes, were in attendance. 

 

      Jensen said when this was before the Board last month Mr. Margle wasn’t able to confirm the amount of the voluntary traffic contribution.  Jensen said since then there have been some developments regarding the sewer line right-of-way issues that he can also address tonight.   

 

      Margle said at the last meeting we discussed the fair share contribution of a voluntary traffic contribution.  Margle said the aggregate requested contribution at that time was $107,500.  Margle said based on research and past history they are proposing a $45,000 contribution.  Margle said the history in the past has been $1,000 per lot.  Margle said this development is in two townships.  Margle said there are two intersections impacted by this development.  Margle said traffic studies indicate this development will add 26 p.m. peak hour trips to the already existing 1296 trips at Hartley and Greenwood Avenue.  The William Penn and Nulton Avenue intersection will add an addition 17 p.m. peak hour trips to the existing 1273.  Margle said if you take the 26 and 17 additional trips times $1,000 you come up with $43,000.  Margle said we compared the per lot calculation versus the traffic trips and that is where we came up with the $45,000.  Colver asked if the calculations took into consideration that Church Road will go through the development.  McRoberts said yes it did. 

 

      Township Engineer Dillman said his estimate was based on 5% of the p.m. peak hour trips on Nulton and 10% of the p.m. peak hour trips on Hartley.  Dillman said that is what requires these intersections to have traffic signals.  Dillman said the Nulton Avenue intersection is estimated to cost $650,000 and the Greenwood and Hartley intersection is estimated to cost  $750,000.  Dillman said applying the 10% and the 5% to each intersection is where you come up with $75,000 for Hartley and $32,500 for Nulton, which totals the $107,500.

 

      Colver said in the past we have calculated per lot for new developments but he didn’t believe any of those developments pushed us to have to install new traffic lights.  Supervisor Smith said in addition to the traffic signals, additional turning lanes will need to be added.  Margle said you have developments and improvements over the last 15 years that impacted this area, like the church and Somerset Village.  Margle said those developers were consistent at the $1,000 traffic fee.  Margle said now to say Tuskes tips the scale and require them to pay the big amount isn’t fair.  Colver said we are looking for a fair share.  McRoberts said he doesn’t think it’s fair for the developer to pay for widening and construction costs.  McRoberts said he can see them paying for signals but not construction costs.  McRoberts said regarding the percentages – it depends on the traffic in both directions on the roads.  McRoberts said he feels $45,000 is a fair share.  Colver said let’s discuss the other outstanding issues.

 

      Margle said the walking path issue was reviewed at the Planning Commission meeting and they recommended favorable action conditioned upon compliance with the January 8, 2007 Pidcock letter.  Margle said they have no difficulty complying with the comments in the letter.

 

      Margle said the storm sewer issue took a new twist in the past two days.  Margle said they made an effort to open the line through St. Jane’s, ITT, Zawarski and the Acopian easements to Greenwood Avenue.  Margle said St. Jane’s and Zawarski have committed to formalizing agreements for their easements.  Margle said the Attorney for ITT was invited to a meeting at Acopian today but was unable to attend but they wanted to know the outcome of the meeting.  Margle said after the meeting Acopian’s Attorney George Baurkot said they are not interested.  Margle asked why and they said because of the pipe.  Margle said that pretty much leaves us with a pump station at Maple Shade, St. Jane’s, Zawarski, and at Acopian.  Margle said we all know that is not desirable.  Margle said in re-examining we would like to formally request that the township consider the taking of condemnation.  Margle said he believes all but Acopian would be willing to participate so the only condemnation would be for the Acopian easement.  Margle asked the Board to consider it and said they would provide an agreement to address their financial backing.  Colver asked who other than Palmer residents would be using the storm sewer.  Margle said the other homes would be coming into the Easton Area Sewer Authority system too.  Colver asked if Tuskes would build the sewer line.  Margle said yes.  Margle said they know this isn’t a decision that can be made tonight. 

 

      Colver said if there are any approvals tonight it would need to be contingent upon the sewer issues being resolved.  Bruno asked in light of the request regarding condemnation would the applicant want to issue an extension of time so these issues can be resolved.  Margle said in light of the request to consider condemnation and to be able to come to a happy medium on a voluntary traffic contribution they would be willing to grant a 30-day extension.  Bruno said we can come back at the end of March and hopefully have the issues resolved.

 

      On motion by Panella, seconded Mitchell, and agreed by all, the item was tabled to the March 27, 2007 meeting agenda. 

 

      Bruno said since Mr. McRoberts is in attendance there is one item he would have covered in his reports that he would like to do now since there is such a lengthy agenda.  Bruno said he received an extension request regarding the Milford Street Self Storage asking for a 90-day extension until May 31, 2007, in order to satisfy the conditions of the plan.  On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the extension request.

     

7.      STARLITE ESTATES FINAL SUBDIVISION PLAN REVIEW

 

INFORMATION       

     

      The Board needs to approve/disapprove the final subdivision plan.

 

DISCUSSION

 

      Jensen said the Planning Commission recommended approval of the submitted lot line adjustment involving lots 16 through 20.  Jensen said this is to correct an error in the original boundary survey completed and recorded as part of the Starlite Estates Subdivision. 

 

      On motion by Mitchell, seconded by Panella, and agreed by all, the Board granted conditional approval of the final lot line adjustment provided the developer satisfy comments and conditions outlined in the February 8, 2007 Township Engineer letter, 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. 

 

8.      SCHAFER’S PLACE PRELIMINARY PLAN REVIEW

 

INFORMATION       

     

      The Board needs to approve/disapprove the preliminary plan.

 

      DISCUSSION

 

      Daniel E. Gray, Project Engineer from Knight Engineering and Dan Gallagher, Co- owner of the project were in attendance.

 

      Jensen said the plan proposes a 10 unit residential development consisting of one single family semi-detached building and two low rise apartment buildings with four dwelling units each.  Jensen said the tract consists of two lots totaling 1.75 acres and is located west of the Carbon Street cul-de-sac and east of Berks Street.  Jensen said this was reviewed by the Planning Commission and they have recommended approval. 

 

      Gray reviewed the plan with the Board and said main access for the apartment uses will be off Berks Street and the other two lots will exit onto Carbon Street.  Gray said they agree to comply with the comments outlined in the Township Engineer’s letter and they are requesting two waivers regarding buffers and providing a recreation fee in lieu of land dedication.  Gray said regarding driveway areas there are a few that will need access to get to sheds or garages in the area.  Gray reviewed the curbing they will place in the area.  Gallagher said there is existing sidewalk that will go away.  Colver said it’s a nice project and he likes the idea but he feels they’re not finishing the project in the area with the curb and sidewalk.  Colver said he believes the curb and sidewalk should be continued for that additional 50 feet.  Colver said he’s not in favor of waiving that. 

 

      Gallagher said they are looking at patios for the first level and no deck for the second level.  Dillman asked them to contact the zoning officer regarding second floor decks.

 

      Dillman said there is an existing wall along the cul-de-sac on Carbon Street where a 42” portion will require a guard or fence.  Dillman said they are proposing a fence.  Dillman said they don’t have the right to the entire wall.  Gray reviewed the area on the plan.

 

      Smith made a motion to grant conditional approval of the preliminary/final plan provided the developer satisfy the conditions outlined in the Township Engineer’s letter dated February 8, 2007, the developer fulfill all township departmental comments dated February 8, 2007, 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.  The Board agreed that the sidewalk and curbing should continue to the Trog property.  The Board granted a waiver for section 165-61.E(2)(a) regarding double frontage lot buffer yard, section 165-62 regarding providing a recreation fee in lieu of dedicated land.  A variance is needed regarding 190-54.P as stated in A3 of the Township Engineer letter, and the geotechnical report on February 9th is still under review and the DEP Phase 1 report has been received and is still under review. 

 

      Bruno asked the Township Engineer if it was a preliminary/final approval or just preliminary.  Dillman said it is preliminary plan approval.  Smith amended his motion for preliminary plan approval.  The motion was seconded by Mitchell, and agreed by all.

 

9.   PROLOGIS PRELIMINARY/FINAL LAND DEVELOPMENT PLAN REVIEW

 

INFORMATION

     

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

 

      DISCUSSION

 

      Jensen said the plan proposes to consolidate three individual lots which were created as part of the Prologis subdivision plan that was approved in 2003 into a single 89 acre lot.  Jensen said 20 acres are in Palmer and 69 acres are in Lower Nazareth Township.  Jensen said the plan proposes construction of a 1,440,000 square foot warehouse distribution facility and associated parking areas in two phases.  Jensen said the initial phase includes a 1,030,000 square foot building and parking area.  Jensen said the Planning Commission reviewed and recommended approval.

 

      Attorney Stan Margle said this plan was before this Board several times.  Margle reviewed the plan with the Board.  Margle said there were initially three lots approved and now they are combining the lots.  Margle said they were before the Planning Commission and they recommended approval.  Margle said they are prepared to comply with the items outlined in the Township Engineer letter.  Margle noted comment number three states there shall be no certificate of occupancy permits approved until the developer completes the improvements near Hollo Road.  Our concern is we are reliant upon another party to do that expansion.  Margle said this is something we can’t control entirely.  We are relying on a third party and other agencies.  Margle said if this developer is making a good faith effort and complying with the subdivision improvements agreement we may need to come back at a later date and ask for relief on that.  Margle said he hopes this doesn’t become an issue but wants to make the Board aware of it now.  Margle said we are already contractually required to do the work through our previous agreement. 

 

      Dillman said it is his understanding that there are two alternatives to the work on Hollo Road, one is if the third party participates and the other is if the third party doesn’t participate.  Dillman said there really isn’t an impact regarding the box culvert from the third party involvement.  Dillman said there is a way to proceed right now without participation by the third party.  Dillman said participation by the third party reduces expenses to Prologis. 

 

      On motion by Smith, seconded by Mitchell, and agreed by all, the Board granted conditional approval of the preliminary/final land development plan conditioned upon the developer satisfying the conditions outlined in the Township Engineer letter dated February 9, 2007, the developer fulfill all township departmental comments dated February 8, 2007, the developer satisfy comments in the lighting review letter dated February 13, 2007 from Snyder Hoffman Associates, the applicant enter into a land development improvements agreement to the satisfaction of the Township Solicitor, and the applicant provide financial security in a form acceptable to the Township Solicitor.  The Board granted a waiver for preliminary plan checklist item B.2 regarding scale of drawing, granted a waiver for preliminary plan checklist item K.1 regarding evergreen screening, granted a waiver for section 165-63.K(3) regarding maximum inside slope of detention basin, granted a waiver for section 165-63.K(8) regarding landscaped screening of detention basin, granted a waiver for section 165-73 regarding use of evergreen trees in lieu of deciduous street trees at the intersection of the new access road with Hollo Road, granted a waiver for section 165-63.K(7) regarding detention basin fencing, granted a waiver for section 165-31 through 165-34 regarding preliminary plan submission requirements, granted a waiver for section 165-87 regarding submission of a carbonate assessment report.  The Board granted deferrals as follows:  preliminary plan checklist item F.8 regarding parking requirements, and section 165-75, 165-69A and 165-73.A regarding curbing, sidewalk and street tree installation along Hollo Road and Van Buren Road.

 

10. GARBAGE BID DISCUSSION/APPROVAL TO ADVERTISE

 

INFORMATION       

     

      The Board needs to approve/disapprove advertising the ordinance.

 

      DISCUSSION

 

      Colver said at the last Monday meeting we rejected all bids and directed the Solicitor to make changes to re-bid the process.  Bruno said they attempted to email the changes to the Board and hopefully they all received them.  Bruno said the all inclusive and the toter options will be re-bid for a three year and five year contract with each including a bilateral one year option.  Bruno said the bonding requirements were also changed.  The toter option will allow residents to purchase a second toter at a cost not to exceed $75.  Bruno said for the resident to use the second toter they would need to purchase a $5 sticker that would allow the company to pickup that second toter.  Bruno said one bulk item per week would also be included with the toter option.  Bruno said the bilateral option would require agreement by both parties in October prior to the termination of the contract.  Bruno said there have been some important changes made.  Bruno said if authorized tonight, it will be advertised Thursday or Friday of this week and again next Tuesday.  Bids would be opened on March 15th.  Anckaitis said regarding the bilateral option can the extension be under new terms or only under the existing terms.  Bruno said if it’s not agreed under the current terms it would require re-bidding.

 

      On motion by Mitchell, seconded by Panella, and agreed by all, the board authorized the Solicitor to advertise the bids.

 

11.  REALTY TRANSFER TAX ORDINANCE

 

INFORMATION       

     

      The Board needs to approve/disapprove the realty transfer tax ordinance.

 

      DISCUSSION

 

      Bruno said the interest provisions have been built into the ordinance and is consistent with the state laws.

 

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

 

12.  CITY OF EASTON MUTUAL AID AGREEMENT

 

INFORMATION       

     

      The Board needs to approve/disapprove the mutual aid agreement with the City of Easton.

 

      DISCUSSION

 

      On motion by Smith, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the mutual aid agreement with the City of Easton.

 

13.  PROPOSED TRAFFIC SIGNS FOR INTERSECTIONS

 

INFORMATION       

     

      The Board needs to approve/disapprove the traffic sign for one uncontrolled intersection.

 

      DISCUSSION

 

      On motion by Panella, seconded by Smith, and agreed by all, the board approved the placement of a yield sign at the intersection of Agnes Street and Moravian Avenue as recommended by the traffic committee.

 

14.  PARKS DEPARTMENT USED BUCKET TRUCK REQUEST

 

INFORMATION       

     

      The Parks Department is requesting a used bucket truck be purchased to facilitate tree trimming, routine light pole bulb changes, and other maintenance duties.   The Public Services Director has provided the attached purchase recommendation for the Board’s consideration.  The Board needs to approve/disapprove the request.

 

      DISCUSSION

 

      Colver confirmed with the Solicitor that the research the department compiled was adequate regarding required quotes.  Anckaitis said we’re required to get three quotes.

 

      On motion by Colver, seconded by Smith, and agreed by all, the Board approved the purchase of the used bucket truck in the amount of $8,999 as recommended by the Public Services Director.

 

15. HECKTOWN ROAD BUSINESS PARK ESCROW RELEASE #3

 

      INFORMATION

 

      The Board needs to approve/disapprove the escrow release.

 

      DISCUSSION

 

      On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved escrow release #3 for the Hecktown Road Business Park in the amount of $4,709.70.

 

16.  ACT 2 DOCUMENT REVIEW

 

      INFORMATION

 

      The Board needs to appoint a temporary environmental engineer to review the Remaly Industrial Park, Phase 2 report.

 

      DISCUSSION

 

      Jensen said we talked about this last year.  Jensen said she is requesting HRP be appointed as temporary environmental engineer for the Remaly property.

 

      On motion by Smith, seconded by Panella, and agreed by all, the Board appointed HRP Associates as a temporary environmental engineer to review the Remaly Industrial Park, Phase 2 project, subject to satisfactory review and approval of the Township Solicitor.

 

17. TOWNSHIP ENGINEER CAPITAL PROJECTS UPDATE

 

      INFORMATION

 

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

 

      DISCUSSION

 

      Dillman said a major portion of the sanitary sewer has been put into operation.  Dillman said they hit some rock on the east end of Moore Street.  Dillman said trees are continuing to be removed.  Dillman said the weather has had some impact with the severe cold a few weeks ago and now the snow, but work is continuing.

 

      Colver asked where we stand regarding phase two of the project.  Dillman said they have Penndot’s approval for the intersection and they recently sent in right of way plans for properties acquired or soon to be acquired.  Adams said he believes there are eight outstanding properties.    

 

      Dillman said regarding the Route 248 and Van Buren Road signalization project he has the signed application for Penndot and they will be submitting drawings to Penndot the end of this week.  Dillman said a resolution will have to be adopted at some point in the future that the township will take over maintenance of the traffic signal. 

 

      Colver asked about the heating unit at the community center that failed.  Dillman said the heat is working, but the unit had a motor burn out and it makes the system more efficient by being able to pull in outside air when the air is near the room temperature.  Dillman said the unit itself is working and heat is coming out.

 

      Dillman had one real estate item for executive session.

 

18.  PUBLIC COMMENT

 

      Ron Grimsby, 337 Springfield Way, asked for an update on his problem.  Bruno said the hearing was just rescheduled for the 15th of March.

 

      Richard Baranowski, 1025 Friendly Tavern Lane, said he was here a year ago and asked for copies of plans and permits when the rock was installed in the duck pond area of the Bushkill.  Baranowski said he didn’t get a copy of the study.  Baranowski said he came back six months ago.  Anckaitis said Trout Unlimited was the agency that took on the project and applied for the permit.  Anckaitis said we did confirm that they did have the permit but you will need to require a copy from Trout Unlimited.  Anckaitis said they had the permits that allowed us to put our equipment in the creek.  Adams said Trout Unlimited hired an engineer.  Colver said the township didn’t initiate the project it was initiated by Trout Unlimited and they asked for our assistance in either donating supplies, donating equipment or manpower.  Baronowsky said the rocks stopped the water from coming down stream.  Now instead of having four feet of water there is only one foot of water.  Colver said he thinks you’re at the wrong meeting; you need to get in touch with Trout Unlimited. 

 

      Baranowski said now he has another problem where the bike path is going behind his house.  A large tree came down and fell into his pond and broke lawn ornaments.  Baranowski said no one has come by to cut up the tree and repair his damage.  Baranowski said he lives in Forks Township but the path is in Palmer.

 

Tom Gillen, 1019 Friendly Tavern Lane, asked when the flood hits the bike path who will clean it.  Colver said the township parks department will clean it up.  Colver said he wasn’t aware of a tree falling down on the path until just now.  Colver said he will have it checked out tomorrow.  Gillen said he has no privacy with the duck pond in the front of his house and now he has a bike path in the back of his house.     

 

      Colver said the township will get the telephone number of Trout Unlimited for Mr. Baranowski so he can make contact with them.  Colver said we will also get the parks department down to the bike path to assess where the tree fell. 

                 

19. REPORTS

     

Solicitor

·        Bruno had an extension agreement for Hay Terrace South requesting an extension until June 30, 2007 to complete public improvements.  On motion by Panella, seconded by Smith, and agreed by all, the Board approved the extension request.

 

      Township Manager

·        Anckaitis said he received an email request from Bergy’s Mall in Lower Saucon asking if they could set up a mobile vending hot dog cart for opening day of Trout season down by Penn Pump Park.  The Board agreed it would open up too many other issues and denied the request.

 

Public Services Director

·        Adams said the public works department has basically completed the storm sewer work on Sandy Lane.  Adams said they did an excellent job. 

 

      Planning Director

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

 

      On motion by Mitchell, seconded by Panella, and agreed by all, the meeting was adjourned at 9:25 p.m. with one real estate item for executive session.

 

Respectfully submitted,

 

 

 

Robert G. Anckaitis

Township Manager