PALMER
TOWNSHIP BOARD OF SUPERVISORS
GENERAL
BUSINESS MEETING
MAY
29, 2007
A general business meeting of the
Palmer Township Board of Supervisors was held on Tuesday, May 29, 2007 at 7:00
p.m. in the Community Room of the Palmer Library with all Supervisors in
attendance. Also in attendance were the
Director of Public Services, Planning Director, Police Chief, Township
Engineer, Township Solicitor, and Attorney Christy Schlottman. The Township Manager was absent. Madaleine Mathias from the Morning Call and
2. APPROVAL
OF DISBURSEMENT OF FUNDS – MAY 29, 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 May 29, 2007.
3.
APPROVAL OF MINUTES – MAY 21, 2007 AND MAY 22, 2007
DISCUSSION
On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved the minutes of May 21, 2007.
On motion by Lammi, seconded by Mitchell, and agreed by four, Panella abstained; the Board approved the minutes of May 22, 2007.
4. ESTATES
AT NORTHWOOD FINAL SUBDIVISION REVIEW
INFORMATION
The
Board needs to approve/disapprove the final subdivision plan.
DISCUSSION
Nic Pugliese was in attendance. Jensen said Mr. Pugliese received approval
for a 16 lot subdivision about a year ago.
Jensen said initially the plan included two existing homes and now he is
proposing tearing down the ranch home and making it into two additional
lots. Jensen said the Planning
Commission reviewed the changes on May 8 and they have recommended approval to
the Board of Supervisors. Colver asked
the Township Engineer if there were any concerns from an engineering standpoint. Dillman said there were no issues.
Lammi made a motion to approve the final
subdivision plan for the Estates at Northwood conditioned upon the applicant
fulfilling the items outlined in the Township Engineer letter dated May 1,
2007; payment of $1,400 for recreation fees for one lot in lieu of land
dedication; the applicant enter into a subdivision improvements agreement to
the satisfaction of the Township Solicitor.
Colver asked if there was any need for additional financial security. Bruno said there was no need. The motion was seconded by Mitchell, and
agreed by all.
5. MAPLE SHADE
ESTATES PRELIMINARY SUBDIVISION APPROVAL
INFORMATION
The
Board needs to approve/disapprove the preliminary subdivision plan.
DISCUSSION
Attorney Margle and John McRoberts from
Vancleef Engineering were in attendance.
Jensen said this item was tabled in March due to issues regarding a voluntary
traffic contribution and sewer hookups.
Margle said they received preliminary
approval from
Margle said the other issue is sewer
hookup. Margle said
Jensen reviewed the setup of the bike path
and the requirement for bollards and signage.
Colver asked if there were any maintenance issues with the bike path the
developer should be responsible for rather than the township. Smith said the bike path will also be used
for emergency vehicles at times. The
Township Engineer reviewed options for the bike path surface and
maintenance. Colver recommended the
developer hold off on paying their $63,000 recreation fee until the Recreation
Board determines if the bike path should be paved as a bike path rather than
kept as a roadway. McRoberts said
Lammi made a motion to grant conditional
approval for the Maple Shade Estates preliminary plan conditioned upon the
applicant fulfilling the items outlined in the Township Engineer letter dated
January 8, 2007 and May 15, 2007; fulfilling the township departmental comments
dated January 4, 2007; payment of $63,000 for recreation fees based on the
$1,400 per lot fee and a total of 45 lots; voluntary traffic contribution offer
accepted by the township in the amount of $62,000; the applicant enter into a
subdivision and 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 related to 165-63.K pertaining to basin
bottom slope of 2%. Bruno recommended
modifying the motion with respect to the voluntary traffic contribution being volunteered
by the developer and stated the subdivision improvements agreement will be
prepared by the Solicitor on behalf of the township. Lammi amended the motion, it was seconded by
Panella, and agreed by all.
6.
INFORMATION
The
Board needs to approve/disapprove the final plan review.
DISCUSSION
Jensen said this plan was in for
preliminary approval a few months ago. Jensen
said there was discussion regarding a waiver for curbing. Jensen said the Planning Commission
recommended approval of the plan but did not make a recommendation related to
the curbing. Dan Gray from Knight Engineering and Dan
Gallagher of GALMIL, LLC were in attendance.
Colver asked if there were any outstanding
issues from an engineering standpoint.
Gallagher said the driveways were an issue at the planning stage and
they agree to put the curb in where it is needed. Gallagher said they will fill in the front
yards to the curbing. Gallagher said the
driveway will be divided and deeded to each property owner. Gallagher reviewed the plan with the Board. Gray said they would comply with the items in
the Township Engineer letter. Lammi
asked about a previous deck issue.
Jensen said the applicant spoke with the zoning officer and are now fine
with the deck requirements.
Lammi made a motion to grant conditional
approval of the Schafers Place final plan conditioned
upon the applicant fulfilling the items outlined in the Township Engineer
letter dated May 3, 2007; the applicant fulfilling the township departmental
comments dated May 4, 2007; payment of recreation fees based on 10 units for a
total of $14,000; 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 granted a deferral for curbing and
sidewalk requirements in front of the Trach property. Mitchell asked if there was any traffic contribution. Bruno noted $1,000 per unit is usually what
the developer offers as a voluntary traffic contribution. Mitchell asked how many parking spaces there will
be for vehicles. Gallagher said 26
parking spaces. Lammi said this
development will definitely have an impact on the
7.
INFORMATION
The
Board needs to approve/disapprove the preliminary/final plan.
DISCUSSION
Thomas Meagher of Norwood Company, Elkins
Wetherill of Verus Partners, Paul Szewczak of Liberty Engineering, and Attorney
Jim Preston were in attendance. Jensen
reviewed the status of the plan. Colver
asked for any engineering issues.
Dillman said the only issues are regarding traffic.
Lammi made a motion to grant conditional
approval for 2251 Newlins Mill Road preliminary/final plan conditioned upon the
applicant fulfilling the items outlined in the Township Engineer letter dated
April 6, 2007; the applicant fulfilling the township departmental comments
dated May 4, 2007; payment of recreation fees in the amount of $3,000/acre based
on 19.63 acres; the applicant will need conditional use approval prior to any
certificate of occupancy being issued; applicant is responsible for any changes
necessary for a tenant; 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
township accepts a voluntary traffic contribution in the amount of $115,000;
the request for deferral for sidewalks is acceptable for the frontage of the
property. Bruno noted an extension of
time will be needed from the applicant in order to allow time to process the decision
letter. The applicant agreed to an extension
until June 30, 2007. The motion was
seconded by Panella, and agreed by all.
8. WOLF’S
RUN IX DISCUSSION
INFORMATION
Strausser
representatives will be present to update the Board on the status of culvert
improvements and to discuss the issue of condemnation for the bridge
project. The Board needs to
approve/disapprove the request.
DISCUSSION
Sal Panto was present for the
applicant. Jensen said the Planning
Commission has been working diligently on this proposal. Jensen said they are proposing a culvert be
put in to allow for regional improvements.
Jensen reviewed the letter received from Strausser and updated the Board
on its intention. Jensen said the Planning
Commission looked at the overall open space requirement for all phases of Wolf’s
Run as a whole, not just this portion of the development. Jensen said we are looking to balance out the
open space. Panto said they will be
expending 1.3 million dollars in improvements and it will create a hardship for
one township resident. Panto said Mrs.
Meilinger does not feel the project is needed and does not want it to affect
her private drive. Panto reviewed the
plan layout and how it affects the Meilinger driveway. Panto said the road will be raised five feet
in conjunction with the 100 year flood plain requirement. Panto said they will need to redirect her
driveway and it will not be as private as it is now so she is not agreeing to
it. Panto said they have approached her
with a redirection coming off of
Lammi asked the Solicitor if we have to
condemn the property and the property owner challenges it, how long could that process
take. Bruno said the condemnation
process is effective when the actual acquisition of right-of-way is taken. Bruno said grounds for challenging are
limited to simply being that the condemnation cannot be for a private purpose,
but must be for a public purpose. Bruno
said preliminary objections need to be filled in 30 days. Lammi said this is totally for public
purpose. Bruno said yes the overall
project is more public than private and the township’s position is it is necessitated. Bruno said the township would have to enter
into an agreement with the developer that all costs would be borne by the
developer. Bruno said this is also
legal. Bruno said you also need to
determine fair market value of the property of taking. Bruno said it could take months to a year if
challenged for the courts to decide if it is for public purpose, but you could
proceed upon taking. Lammi said he
doesn’t want to have to wait until all the T’s are crossed, especially since
the developer is willing to make these changes.
Mitchell asked the Township Engineer if the bridge was a necessary
thing. Dillman said it does not matter
who puts the bridge in, it will affect the Meilinger property. Smith asked if the property needs to be taken
- who chooses the way her driveway goes.
Panto said there really is only one way to go, he reviewed the plan, and
stated they would deed Mrs. Meilinger the property. Mitchell said he feels the applicant needs to
continue to work at coming up with an agreement with the property owner. Bruno asked if the applicant is aware and
willing to handle all the costs associated with acquiring the necessary
property. Panto said the applicant is
fine with that. Bruno said the Township
Engineer needs to determine the least impact to the Meilinger property. Lammi asked if the Board is willing to go
with the condemnation process if Mr. Panto cannot come to an agreement with Mrs.
Meilinger. Colver said it seems to be
the general consensus of this Board, if you cannot come up with an agreement,
this Board would support the condemnation process. Jensen said she will inform the Planning Commission
that they should not hold up the process due to the eminent domain process.
9. CROSSROADS
OF
INFORMATION
The
Board needs to approve/disapprove an amendment of conditions for the
preliminary/final approval for the Crossroads of Nazareth.
DISCUSSION
Hayman Salib, M.D. and Attorney Steven
Boell of Fitzpatrick Lentz and Bubba, P.C. were present. Jensen reviewed the history of the plan to
date. Boell said Penndot feels if full
access cannot be obtained off of Nightingale they would require full access on
Route 248 with a left turn lane. Boell
said they have requested access off of Nightingale from Strausser who owns the
road and an agreement could not be reached.
Boell said his client feels the Nightingale
option has been exhausted. Boell said
this only leaves one option, to construct a left turn lane for full access off
of Route 248. Boell said the approved plan
with the township shows a right-in and right-out only and his client would like
a credit related to his voluntary traffic contribution since the new requirement
will be more costly. Colver asked to see
a proposal for the widening. Boell said
they have an engineer developing it now.
Lammi said the traffic contribution is for other traffic improvements in
the area of your property. Lammi said it
could be for a future traffic light at an intersection near your property. Lammi said the contribution is not used for improvements
on your property. Boell said we have a
small entrepreneur trying to utilize a small property. Lammi said he is not in favor of a left turn
out onto Route 248. Lammi said if
Penndot says you have to do it I cannot argue with it, but I don’t have to
agree with it. Boell said it is the only
way to access this property.
Bruno noted when the plan was before us earlier
we discussed having the developer pay for the cost of acquisition of land and
pursue if the township would be willing to make Nightingale public instead of
private. Boell said we need a 300 foot
portion and we made an offer to the land owner of $60,000 for access to the
road. Boell said Strausser has not
responded. Lammi said he is disappointed
that the township allowed that road to stay private. Dillman asked when the roadwork design would be
completed so they can have an estimate of the cost of the improvements. Dillman said he believes there is going to be
a difference from the $60,000 offer and the cost of these improvements. Lammi suggested the engineer put a sketch plan
together with a cost estimate that this Board can review so we can get a better
feel for the project.
10. PALMER ACTIVE
ADULT NORTH ESCROW RELEASE
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 the Palmer Active Adult North escrow
release #5 in the amount of $302,098.24.
11. TOWNSHIP
ENGINEER CAPITAL PROJECTS UPDATE
INFORMATION
The township engineer will update the Board on the status of all capital projects.
DISCUSSION
Dillman handed out a list of all projects
they are working on in the township. Dillman
said the
12. PUBLIC COMMENT
Robert Gumlock,
Ron Grimsby,
13. REPORTS
Solicitor
· Bruno had an extension agreement for the Estate of Gerhardt Reithmiller, for Phase 2, Sections II, III, IV, and V of Hillcrest Acres requesting an extension until July 17, 2007. On motion by Lammi, seconded by Smith, and agreed by all, the Board authorized the Chairman to sign the extension request.
· Bruno said we had a previous discussion regarding Commerce Bank when they requested an extension of time to complete their public improvements. Jensen said September seems to be a workable date but the parking lot will not be done until December. Jensen said the Zoning Hearing Board said the parking lot should be completed by August 1. Bruno said this Board gave them until the end of May and they are now requesting an extension until September. Lammi said we want to know why they needed the extension. Jensen said the Zoning Officer will have to take action August 2nd if the parking lot is not completed. Jensen said the appeal process is over. Lammi made a motion to approve the extension request until September 30, 2007 for them to complete public improvements. Mitchell asked why we would give an extension beyond what the Zoning Board said. Bruno noted this Board can give extensions to complete public improvements. Jensen said this Board’s extension states we will not pull down from their letter of credit until September 30, 2007. Colver confirmed that the Planning Director will set up a meeting with Commerce Bank to discuss the outstanding issues. The motion was seconded by Panella, and agreed by all.
·
Bruno had a land development improvements
agreement for the
· Bruno had one litigation item for executive session.
Public Services Director
·
Planning Director
· Jensen asked if there were any issues regarding the upcoming Zoning Hearing Board agenda. There were none.
Police
Chief
· Chief Fretz said the police department has been busy participating in the “cops in shops” and “click it or ticket” programs over the past two weeks.
Supervisors
·
Colver had one real estate item for executive
session.
·
Panella said there is a property on
On motion by Lammi, seconded by Mitchell, and agreed by all, the meeting was adjourned at 9:25 p.m. with one litigation and one real estate item for executive session.
Respectfully submitted,
Robert G. Anckaitis
Township Manager