PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

JUNE 26, 2007

 

      A general business meeting of the Palmer Township Board of Supervisors was held on Tuesday, June 26, 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, Planning Director, Police Chief, Township Solicitor, and Attorney Christy Schlottman.  Gina Vasselli from the Express Times represented the news media.  Colver convened the meeting and led those present in the Pledge to the Flag. 

 

2.   APPROVAL OF DISBURSEMENT OF FUNDS – JUNE 18, 2007 AND JUNE 26, 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 June 18, 2007 and June 26, 2007.

 

3.      APPROVAL OF MINUTES – MAY 29, 2007 AND JUNE 4, 2007

 

      DISCUSSION

 

      Smith made a motion to approve the minutes of May 29, 2007.  Ron Grimsby asked to have the minutes read out loud so the public can hear them before they are approved.  Bruno said they are not official minutes until they are approved by the Board of Supervisors.  Grimsby asked what if there were inaccurate statements in the minutes.  Bruno said if you were misrepresented in the minutes you should state it at the next meeting and it would be noted in those meeting minutes.  The motion was seconded by Panella, and agreed by all.

 

      On motion by Smith, seconded by Panella, and agreed by all, the Board approved the minutes for June 4, 2007.

     

4.   PARK VIEW ESTATES PHASE 7, SURREY DRIVE, FINAL PLAN

 

      INFORMATION       

     

      The Board needs to approve/disapprove the final plan.

 

      DISCUSSION

                 

      Don Frederickson, project engineer for the developer, was in attendance.  Frederickson said he was before the Planning Commission and they recommended approval to the Board of Supervisors.  Frederickson reviewed the plan with the Board.  Colver asked how many lots were in this phase.  Frederickson said 25.  Colver said he knows from planning and recreation meetings there were some issues regarding the bike path and recreation areas.  Frederickson said the bike path has been completed.  Colver asked about land for the tot lot.  Frederickson said Mr. Chrin suggested a tot lot be constructed on a nine acre lot that will also include six parking spots.  Frederickson said the tot lot will be located immediately to the east of lot 8-20 and 8-21.  Smith said the tot lot is not required with this plan approval but should be noted and be included in the next phase.

 

      On motion by Smith, seconded by Panella, and agreed by all, the Board approved Parkview Estates, Phase 7, final plan as follows:  conditioned upon fulfilling comments outlined in the Township Engineer letter dated June 7, 2007; fulfill the township departmental comments dated June 8, 2007; the applicant enter into a subdivision improvements agreement to the satisfaction of the Township Solicitor; the applicant provide financial security in a form acceptable to the Township Solicitor; the applicant provide a tot lot immediately to the east of lots 8-20 and 8-21 and construct a lane with parking for approximately six cars as shown on the plan.  The Board granted a waiver related to checklist requirement A-7 as it relates to right-of-way cross sections being provided at 50’ intervals; granting of extension of time for the applicability of the previously approved preliminary plan per 165-36.B.

 

5.      RIZZOLINO CHEERLEADING SCHOOL RIGHT-OF-WAY AGREEMENT

 

      INFORMATION       

     

      The Board needs to approve/disapprove the right-of-way agreement.

 

DISCUSSION

     

      Bruno said this was drafted by Attorney Smith and recommended by the Sewer Authority and reviewed by his office. 

 

      On motion by Smith, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the right-of-way agreement with the Palmer Township Municipal Sewer Authority.

 

6.      SMITH BARNEY RESOLUTION

 

INFORMATION       

     

      The Board needs to approve/disapprove the resolution authorizing the Township Manager as the authorized officer for the township.  The contract was previously approved conditioned upon approval by the Solicitor.

 

DISCUSSION

 

      Anckaitis said this was before us several times but it was decided to wait until the Smith Barney agreement was in final form.  Anckaitis said changes have been made to the agreement and it is now okay with the Solicitor. 

 

      Panella made a motion to approve the resolution approving the Township Manager as the authorized officer for the township related to the Police Pension Fund.  The motion was seconded by Mitchell.  Panella amended her motion to include relating to Smith Barney administration of the Police Pension Fund. Mitchell seconded the amendment and it was agreed by all.

 

7.      PROPOSAL FOR NEW STOP SIGN

 

      INFORMATION       

     

      The Traffic Safety committee has provided a recommendation to the Board of Supervisors for their consideration for a stop sign at the intersection of Woodridge Terrace and Haymont Drive.  The intersection has seen an increase in traffic from the Knob Hill Condominiums and is near the exit of the Gateway Apartment.  The Board needs to approve/disapprove a stop sign at the intersection of Woodridge Terrace and Haymont Drive.

 

      DISCUSSION

     

      Colver reviewed a memo from the Traffic Committee recommending a stop sign at Woodridge Terrace and Haymont Drive.

 

      On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved adding a stop sign, as recommended by the traffic committee, to the intersection of Woodridge Terrace and Haymont Drive.

 

8.      COOPERATIVE REPAIR AGREEMENT

 

      INFORMATION       

     

      The Board needs to approve/disapprove the cooperative repair agreement.

 

      DISCUSSION

 

      Tom Adams, Director of Public Services, said Penndot requested we do a cooperative repair on a portion of Greenwood Avenue.  Adams said this agreement is a result of these repairs.  Adams said Penndot plans to start the project on July 23.  Bruno noted his office reviewed the agreement.

 

      On motion by Smith, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the cooperative repair agreement with the Pennsylvania Department of Transportation regarding repair work for a portion of Greenwood Avenue, south of Green Pond Road, and north of Northampton Street.

     

9.   PUBLIC COMMENT

 

      Ron Grimsby, 337 Springfield Way, said his neighbor at 336 Palmetto Drive is still in non-compliance with the township ordinance and the uniform construction code of Pennsylvania.  Grimsby questioned Supervisor Mitchell.  Mitchell said the problem has been handled by the courts.  Grimsby asked why his neighbor was not shut down and required to make him prove he was within code.  Mitchell said the problem is being handled.  Bruno said he sent a cease and desist notice out.  Bruno said the homeowner has indicated a proposed fix which is a pool fence wire and it has been reviewed by our code department and it is a remedy that will bring the fence into compliance.  Bruno said the manufacturer details have been reviewed by Mr. Raudenbush and this will bring the fence into compliance.  Bruno said the homeowner has ordered the materials and it will be completed within 20 days of when the letter was sent out.  Bruno said he believes July 5th is the approximate date of when the fence needs to be completed.  Bruno said if it is not in compliance by that day an injunction will be filed.  Bruno said the remedy is appropriate.  Grimsby said the cease and desist order should have been issued in July 2006, not a year later.  Bruno said that is one person’s opinion.

 

      Joyce Kline, 14 Somerset Lane, Glenmoor, has a complaint that her community is not adhering to township rules of clearing sidewalks and having a fence around the basin.  Kline said there are a lot of children that visit the area and she is concerned about their safety.  A lot of stones have been put on the sidewalk for over a year on Glenmoor Circle South.  Kline said you have to walk into the street to get around the stones.  Kline said they have complained to Traditions of America but they don’t want to hear it.  Jensen said she cannot address why Traditions of America took down the fence around their detention basin.  Jensen said she will contact Traditions of America tomorrow and find out the timeline of their project.            

 

      Robert Gumlock, 109 Berks Street, said he was interested in hearing the engineer’s monthly report.

 

      Jay Morales, 231 Katherine Street, Hay Terrace South Development, said they have a problem with their developer not keeping his end of the deal.  Morales said they have major water in their basements.  Morales said his neighbors warranty ran out and they were told – tough luck.  Morales said he’s been told the developer is going to build another development and he shouldn’t be allowed.  Morales asked if there is anything the township can do to help them.  Colver said he knows the township cannot get involved in a civil matter between a property owner and a developer.  Bruno said the concept is the township controls the public improvements that are included in the development, like the roads and sewers.  Bruno said the township oversees, inspects, and approves, then it becomes the township’s property.  Bruno said if the issues relate to your specific property, your house, it is a private matter.  Bruno said if there is a code violation you can bring it to the townships attention.  If it is for your private property you can seek counsel.  Mrs. Morales asked if it includes flooding on their property.  Jensen said they received notice yesterday about the flooding on the properties and they are in the process of having it reviewed by the Township Engineer’s office to see if it is constructed according to plan.

 

      Ted Lewis, attorney, for Nancy Meilinger, 1375 VanBuren Road, said he is here with Bill Harten, Professor Ruggles from Lafayette College, and Ms. Meilinger.  Lewis said there have been reports that they have been stalling regarding improvements that are necessary on VanBuren Road as it relates to bridge improvements.  Lewis said that is not a correct rendition of the facts.  Lewis said they have had several meetings as late as this week.  Lewis said it is a rather complicated issue that we have not had a lot of time to review.  Lewis said there have been several design changes since the initial design of the project.   Lewis said they will continue to try to work to the extent necessary.  Lewis said they were not aware of the need to widen VanBuren Road to five or six lanes and he said he believes that may be over engineering and greater than necessary.  Lewis said Ms. Meilinger has had significant water problems for some time.  She has a private bridge that also goes over the Schoeneck Creek.  Lewis said we wanted to go on record that there have been water problems down stream.  Lewis said they presented the information of the bridge to Professor Ruggles to evaluate.  Colver said this Board has not yet seen a plan of the project.  Lewis said we just wanted you to know that we are meeting with the developer.  Bruno asked if Mr. Lewis had any problem attending a meeting with the Planning Director, Township Engineer, and the developer to discuss this in more detail.  Bruno said we understand that Ms. Meilinger has legitimate concerns as a property owner.  Lewis said they would be happy to meet with the township. 

 

      Roger Ruggles, Engineer Lafayette College, 111 Parsons Street, said he was asked to look at storm water issues after Ms. Meilinger’s property was flooded several times.  Ruggles said you will see major flooding related to what is happening in a neighboring township.  Ruggles said much of the corridor along the Schoeneck Creek is a zero detention area.  Ruggles said it is important to take a look at this.  Ruggles said he understands the reason the bridge is going in is to be able to get emergency vehicles to that end of the township during flooding. 

 

      Colver said the Board does not know what the final plan looks like because the developer is not sure how to deal with Ms. Meilinger’s property.  Colver suggested a meeting be setup with appropriate representatives from all sides to discuss the options.

     

10. REPORTS

     

Solicitor

·        Bruno had an extension agreement for the Villages of Mill Race, Phase 4, requesting an extension until November 30, 2007, to complete public improvements.  On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the extension agreement.

·        Bruno had an extension request for Easton Self Storage requesting an extension until July 31, 2007, to complete public improvements.  Bruno said there is a question as to whether he is going to do the work or if he will pay the township to do the work.  Bruno said the Township Engineer’s office is working on a cost estimate.  Colver asked for details from the Township Engineer.  On motion by Smith, seconded by Panella, and agreed by all, the board authorized the Chairman to sign the extension agreement.  Mitchell asked if the channel he was putting in was needed for his project.  Dillman said it works with what is there now.  Dillman said they want a low flow channel but the problem is it is not ready to do now so the alternative is to have his approval require him to build the low flow channel.

·        Bruno said Colonial Builders, Lawnherst minor subdivision, is ready to go into the maintenance period.  On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved entering into the maintenance period for Colonial Builders.

·        Bruno had an extension request from Milford Street Self Storage, Ashley Development, asking for additional time to satisfy plan approval until August 31, 2007.  On motion by Panella, seconded by Smith, and agreed by all, the Board authorized the Chairman to sign the extension agreement.

·        Bruno had an extension request from the Chrin Commerce Center requesting an extension until August 31, 2007.  On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the extension agreement.

·        Bruno had an extension request from Mr. Cahill and Mr. Kharecha’s project requesting a one year extension of time 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 an extension request from the Bethel Memorial Baptist Church requesting an extension until June 20, 2008 to follow through on conditions for their plan.  On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the extension request.

·        Bruno had a three month extension request from the Remaley Industrial Park project.  On motion by Panella, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the extension request.

·        Bruno had an assignment and assumption agreement for Nick Zawarski and Sons, Charlotte Avenue LP.  Bruno said they are transferring their rights and obligations to Charlotte Avenue LP, an organization formed by the Pektor Group.  Bruno noted all obligations will transfer to the Pektor Group.  On motion by Smith, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the assignment and assumption agreement.

·        Bruno had signed construction easement agreements related to the Greenwood Avenue extension project for the Lovell, Ferraro, and Mengel properties.  On motion by Mitchell, seconded by Smith, and agreed by all, the Board authorized the Chairman to sign the agreements.

·        Bruno said regarding temporary construction easements still needed for the Greenwood Avenue project we do not have signed agreements from Harry Claus and Lillian Claus.  Bruno said he is asking for authority to move forward for condemnation of the temporary construction easements.  Anckaitis said he had Tom Adams call the Claus’ today to ask if he could meet with them and they refused.  Mitchell asked if we are taking property. Bruno said we have a temporary need to use the property.  On motion by Mitchell, seconded by Smith, and agreed by all, the Board authorized the Solicitor to proceed with condemnation. 

·        Bruno had a resolution for property needed for the Greenwood Avenue extension project from George Chilmonik and Jan Dutt.  Bruno said there is a large discrepancy in negotiating a price.  Bruno said we offered $4,400 and they want $10,000.  Dillman reviewed the area needed.  Bruno said the township is limited by our appraisal; we can’t do anything more than the appraisal amount.   Bruno said since we are at an impasse we can only proceed to condemn.  On motion by Smith, seconded by Panella, and agreed by all, the Board authorized the Solicitor to proceed with condemnation.

·        Bruno had an extension request for Fox Run Estates requesting an extension until November 30, 2007.  On motion by Smith, seconded by Panella, and agreed by all, the Board approved the extension request.

·        Bruno had five litigation items for executive session.

 

      Township Engineer

·        Dillman distributed a copy of all projects the Township Engineer’s office is currently working on and a status update.  Dillman said regarding the Highland Park project the storm sewer and sanitary sewer construction is complete.  The Easton Suburban Water Authority is currently completing their work.  Dillman said curb construction and street reconstruction should start within the next three weeks.  Dillman said they will be starting on Berks Street so they can reopen to traffic.  Colver asked about the status of the Palmer School subdivision plan.  Dillman said it is finished and will be delivered to the township tomorrow.

 

      Manager

·        Anckaitis said employees of the municipal building have asked if they use one of their vacation, personal, or floating holidays could they take it on Monday, December 24, Christmas Eve.  Anckaitis said the building would then be closed on Christmas Eve and Christmas Day.  On motion by Smith, seconded by Panella, and agreed by all, the Board approved the request to close the municipal building on Christmas Eve.

·        Anckaitis said a new parks department employee was hired today and will start July 9th.

 

      Planning Director

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

 

      Public Services Director

·        Adams had three construction easement agreements for the Lovell, Mengel and Ferraro properties, related to the Greenwood Avenue project.  The documents were approved for signature under the solicitor’s report.

 

      Police Chief

·        Fretz said they held a child safety seat inspection at St. Paul’s on June 11th.

·        Fretz said they also held bicycle inspections and licensing on June 22nd.   

 

      Supervisors

·        Smith said baseball and softball are winding down and coming to an end.  Baseball playoffs are still going on.  Smith said the fields this year were in great shape.

·        Colver said last night for the first time they didn’t have a quorum at the Fire Department meeting due to vacations.  Colver said it looks like the new truck will be delivered at the end of August or end of September.  Colver said the Fire Commissioner said there is one or two interested in the old truck and we will be starting the advertising process.  Smith said if the bids don’t come in too high maybe we should consider keeping it.

·        Colver said community weekend is coming along and a meeting has been set to meet with the fireworks provider.  Colver said the fireworks are scheduled for Saturday night at 10 p.m. with a rain date of Sunday night at 10 p.m.

·        Colver said he made it through recording of the website video.  Colver said it took some doing but we got through it.

·        Mitchell said Ann-Marie Panella, Bob Anckaitis, himself and police officers had a police pension meeting today with Smith Barney representatives.  Mitchell said they all agree to go with the recommendation of Smith Barney and it will be on the next meeting agenda.

 

      On motion by Mitchell, seconded by Panella, and agreed by all, the meeting was adjourned at 8:40 p.m. with five litigation items for executive session.

 

Respectfully submitted,

 

 

 

Robert G. Anckaitis

Township Manager