PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

NOVEMBER 5, 2007

 

      A general business meeting of the Palmer Township Board of Supervisors was held on Monday, November 5, 2007 at 7:00 p.m. in the Community Room of the Palmer Library with all Supervisors in attendance.  The Township Manager, Planning Director, Public Services Director, Solicitor, and Attorney Schlottman were in attendance.   Colin McEvoy from the Express Times represented the news media.  Chairman Colver convened the meeting and led those present in the Pledge to the Flag. 

 

2.   APPROVAL OF DISBURSEMENT OF FUNDS – November 5, 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 November 5, 2007. 

 

3.      APPROVAL OF MINUTES – OCTOBER 23, 2007

 

      DISCUSSION

 

Bruno noted the word “information” was spelled incorrectly on page two.

 

      On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the minutes for October 23, 2007, with the above change. 

     

4.   MANDY PARTNERS REZONING REQUEST

 

      INFORMATION       

     

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

 

      DISCUSSION

     

      Bruno said a letter was received from the developer requesting the Board consider rezoning approximately 30 acres on VanBuren Road.  Bruno said they are requesting the land be rezoned from Planned Industrial/Commercial (PIC) to High Density Residential (HDR). 

 

      Marty Cohen, a partner in Mandy Partners, and Marc Brookman a partner with the law firm of Duane Morris were present.  Brookman said the total acreage is a little under 36 acres.  Brookman said one parcel is 30.31 acres and the other is 5.5 acres.  Brookman reviewed a plan of the parcels and explained the location.  Brookman said they are requesting the Board consider 186 garden units for the property and 28 of the units would have garage spaces.  Brookman said the property would include a 3,000 square foot clubhouse with tennis courts and outdoor lawn activities.  Brookman said the site has not been engineered yet, but it has been reviewed by an engineer.  Brookman said Mandy Partners has owned the property for 20 years and they believe rezoning the property to HDR would generate less traffic than if a retail center went in.  Brookman said they also believe it would transition well from the retail site to HDR and then the property to their east is MDR.  Brookman also noted that a sewer interceptor is on site and public water is readily available. 

 

      Colver asked if their site plan shows the Schoeneck Creek.  Colver said in the past there was some issue about crossing the creek.  Brookman said there will still be a creek crossing with minimal impact.  Lammi said he believes the creek crossing is more of a drainage swale.  Colver asked if Corriere Road would become a public road.  Brookman said Corriere would be public until you reach our easement area, then it would be privately owned and maintained by the developer.  Colver asked if they were aware that the neighboring property owner will be building a bridge.  Brookman said they did receive plans from Strausser and if we are given the go ahead we will work with them in conjunction with what is required.  Colver said there will be frontage involvement on your part.  Lammi said the permit process will take some time to get that bridge work underway.  Bruno said Strausser’s proposal has the bridge work being done in Phase 2.  Lammi said this type of plan fits the use better than anything else we talked about.  Lammi said the Lehigh Valley Planning Commission, during our comprehensive plan review, felt this land should not be zoned PIC.  Lammi said it is probably not good for an industrial site.  Lammi said the township also does not have many apartment complexes.  Lammi said as Brookman stated it would be a nice transition from commercial to MDR zoning.  Colver said four years ago we saw a plan for this and he felt it was good at that time.  Colver said he does not have a problem having them move on to the next level with their project.  Lammi said he would like to see the Board not just consider the rezoning for just this piece of property but also for properties north to Route 33.  Colver asked the Board if they were okay with the concept of the plan.  The Board agreed it was appropriate for consideration.  Brookman said we are limited with this land on what can be put here.  Panella said she is concerned about adding more to the school district and everything else.  Panella said we can assume an apartment will house 2.5 children.  Jensen said statistics show most families with children will not gravitate toward this type of housing.  Brookman said the occupants will mostly be empty nesters or people who sold their single family homes and want to move into smaller spaces.  Mitchell asked what size will the units be.  Brookman said he would estimate some units would be 750 to 800 square feet with others at 1,250 to 1,300 square feet.  Bruno recommended the motion be conditioned upon the developer submitting a land development plan running contemporaneously with the rezoning request and the developer establishing an escrow account between $7,500 and $10,000. 

 

       On motion by Lammi, seconded by Smith, and agreed by all, the Board agreed to entertain the petition to rezone the property of Mandy Partners, parcels K8-10A5-0324 and K8-11-3-0324, conditioned upon the developer setting up an escrow account in the amount of $10,000 and the developer submitting a land development plan setting forth their intended development to run concurrent with the rezoning request.

 

5.      DISCUSSION REGARDING ENVIRONMENTAL STEERING COMMITTEE RECOMMENDATION

 

      INFORMATION       

     

      The Board needs to approve/disapprove the ordinance.

 

      DISCUSSION

     

      Lammi said at the Environmental Steering Committee (ESC) meeting last month Ms. Jodz was in attendance who is a resident from the Brentwood section of the township.  Lammi said Ms. Jodz expressed her concern regarding the IDI proposal in Lower Nazareth Township.  Ms. Jodz’s recommendation to the ESC was to request that Palmer Township consider paying for a geotechnical expert to testify at the conditional use hearings in Lower Nazareth Township regarding the sinkhole issues in the area.  The ESC has made a recommendation to this Board that the township consider her request.  Lammi said the ESC feels since there is sinkhole impact it may have some impact on the decision to allow the development to move forward.  Colver asked if Lower Nazareth has a sinkhole ordinance.  Lammi said our township engineer said Lower Nazareth does have an ordinance similar to our ordinance.  Colver asked if Lower Nazareth has a geotechnical engineer on staff.  Lammi did not know.  Bruno said their project engineer said they would have a geotechnical engineer review the property at the time of land development review. 

 

      Ginger Buchser, Newburg Road, thanked everyone for being here and for helping the residents.  Buchser said we need experts to question Lower Nazareth officials.  Buchser said we have listened to them for six months and listened to what a great plan they are proposing.  Buchser said we need your help.  Buchser said we all know there will be truck diesel problems, sound, noise, and light issues and the presenters for the development tell us how wonderful this project will be.  Buchser said we know your hands are tied to a degree, but we ask you to help us, to put politics aside in this matter.  Buchser asked if the Board could have the township geotechnical engineer look at this.  Buchser said the IDI representatives said the traffic will not adversely affect us.  Buchser said we need experts to speak on our behalf.  Colver said since this first came to us we have been very actively involved.  Colver said we got our solicitor and engineer involved from the start.  Lammi asked the solicitor when the opposition will have their chance to speak.  Bruno said the applicant has not concluded his case.  Bruno said the next scheduled Lower Nazareth meeting is November 14, at 6 p.m.  Bruno said nothing is scheduled after that date, at this time.  Bruno said he feels we are getting close to the end of the applicant’s case.  Bruno said we have requested some people have the opportunity to go on record to present their findings, like the noise expert.  Bruno said he is aware that the protestants have hired at least one professional that will speak.  Lammi asked if the person they are asking to testify is from the American Heart Association.  Buchser said yes.  Smith asked if this request is for us to use our geotechnical expert to look at the property or would it be more favorable to see if that development would have a direct impact to land adjacent to the development.  Lammi said right now our geotechnical engineer has nothing to look at because the applicant has not done anything as far as a professional geologist review of the plan. 

 

      Richard Tucker, 3105 Hecktown Road, said he can testify about the impact of moving ground and it opening up sinkholes in the area.  Tucker said his property backs up to the Val Vista pond.  Tucker said water went across his property when they started moving ground in that development and it created sinkholes on his property.  Tucker said when it rained we had eight or nine sinkholes in the back of his property.  Tucker said the minute the excavation started the sinkholes started to open up. 

 

      Colver asked if there has been any discussion with Tim Martin, our geotechnical expert, about what they could offer us on this situation.  Lammi said not to his knowledge.  Lammi said he feels the township staff should do this.  Buchser said Lower Nazareth does have sketch plans.  Lammi said that just shows the land and the buildings.  Lammi said in our township we require the developer do a study of the land for depressions and sinkholes.  We then give that report to our geotechnical expert and he advises the township.  Colver asked the township planner to get in touch with our geotechnical engineer to see what they can offer us on this development.

 

      Pat McPherson, 214 Oxford Drive, asked if anybody wants to build, and you can prove that the ground is falling in the area, could it stop the proposal.  McPherson said in front of her house there is a big fall in.  McPherson said when we went to plant a tree on our property we dug a hole and there was no earth.  McPherson said if an engineer says do not build within 30 feet of a sinkhole, my property can prove there are sinkholes.  McPherson asked can’t you do something as a township.  McPherson said at a Lower Nazareth meeting she mentioned backup beepers on tractor trailers – they said we researched that question and backup beepers are not required on tractor trailers.  McPherson said they have an answer to everything.  McPherson said Palmer Township will have to fix all the sinkholes that happen in our township that their development creates.  Colver said sinkholes that happen in a residents yard is the residents responsibility to repair.  Colver said the township has to repair the sinkholes on township roads.  Lammi suggested anyone that did not have sinkhole insurance contact their insurance carrier and get it.

 

      Manus Smith, 2723 Newburg Road, said he is concerned about air pollution from exhaust of the trucks.  Smith said he asked the Lower Nazareth representative if he was concerned about the air pollution.  Smith said our cars have to have emission inspections.  Smith said the man that is running the whole show in Lower Nazareth does not know about the air pollution issues in the area.

 

      Bonito Jodz, 12 Brentwood Avenue, said she looked into sinkhole insurance but not every company offers it.  Jodz said the insurance does not cover the yard, just the foundation of the house.  Jodz said the people from IDI only have to test their site.  They do not have to test anything in Palmer Township.  Nobody knows what will happen to our homes once they begin developing their land.  Jodz said we have experts at Lehigh and Lafayette and we really need everyone’s help.

 

      Colver said the township staff will contact our township geotechnical engineer to see what he suggests.  Lammi asked the township planner to set up a meeting with our geotechnical engineer to give him information and see what he can add.

 

6.      ORDINANCE TO APPROVE, ADOPT, AND ENACT CODIFICATION OF TOWNSHIP CODE

 

      INFORMATION       

     

      The Board needs to approve/disapprove the ordinance.

 

      DISCUSSION

 

      Anckaitis said this ordinance ratifies the codification of the township ordinances. 

 

      On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the ordinance to codify the township code. 

 

7.      LA FITNESS CENTER PLANNING MODULE POSTCARD EXEMPTION

 

                  INFORMATION       

           

                  The Board needs to approve/disapprove the planning module postcard exemption.

 

                  DISCUSSION

 

      On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the planning module postcard exemption for LA Fitness Center.

 

8.      RESOLUTION TO UPGRADE STREET LIGHT

 

      INFORMATION       

     

      The Board needs to approve/disapprove the street light resolution.

 

      DISCUSSION

 

      On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved the resolution to upgrade the street light at 2315 Park Avenue. 

 

9.      WALTER’S DAM AND CONCRETE BID AWARDS

 

                  INFORMATION       

           

      Bids were opened on November 1.  The Director of Public Services will bring bid information to the meeting.  The Board needs to approve/disapprove the bid recommendations.

 

      DISCUSSION

 

            On motion by Panella, seconded by Mitchell, and agreed by all, the Board awarded the bid for the Walter’s Dam Repair to low bidder Grace Industries, Inc., in the amount of $22,910.

 

      On motion by Smith, seconded by Panella, and agreed by all, the Board awarded the bid for concrete curbing to low bidder Northeast Concrete of Stroudsburg, PA, for $20 per lineal foot. 

 

10.  TWO RIVERS COUNCIL OF GOVERNMENTS PUBLIC SERVICE EMERGENCY AGREEMENT

 

                  INFORMATION       

           

                  The Board needs to approve/disapprove the agreement.

 

                  DISCUSSION

 

      Lammi said some time ago we entered into an agreement with the City of Easton to assist in emergency situations.  The Council of Governments agreed it would be beneficial to have this agreement COG wide.  Lammi said our solicitor reviewed the agreement.  Lammi said all other participating municipalities and boroughs are bringing the agreement before their Board.

 

      On motion by Lammi, seconded by Smith, and agreed by all, the Board authorized the Chairman to sign the Two Rivers Council of Government Public Service Emergency Agreement.

 

11.  REQUEST TO ADVERTISE NO HUNTING ORDINANCE

 

                  INFORMATION       

           

                  The Board needs to approve/disapprove advertising the ordinance.

 

                  DISCUSSION

 

      Anckaitis said the Board should discuss whether you want to do this in the township.  Anckaitis said every year we get four or five people who complain they see someone with a rifle or bow along the bike path, and there is concern about people hunting on township property.  Anckaitis said we posted no hunting signs in the area but feel an ordinance should be enacted to support our postings.  Lammi asked wouldn’t our ordinance not allowing firearms to be discharged in the township cover this.  Fretz said we cannot regulate hunting with a firearm.  Archery is different.  Fretz said you can restrict hunting on your property and the game commission establishes safety zones around buildings and houses.  Mitchell asked who authorized the posting.  Anckaitis said he had it posted since we had residents express concern.  Colver said we are talking about township land along the bike path down near Chain Dam Road and the river.  Bruno said the ordinance only speaks to township property.  Smith said he understands the need along the bike path in the wooded area.  Bruno said the ordinance intends to actively prohibit performing the act of hunting on township property. 

 

      On motion by Lammi, seconded by Mitchell, and agreed by all, the Board authorized the Solicitor to advertise the “no hunting on township property” ordinance.

 

12. PUBLIC COMMENT

 

      Susan and Catherine Wright, 110 Blenheim, said they live in Old Orchard and see many deer in their backyard.  Wright said there is not just small game back there.

 

      Dr. Taverna, 2663 Northwood Avenue, said he wanted to thank someone who is trying to fix the flooding problems related to Fox Run.  Taverna referred to an April 27, 2007 letter written to the township planning director that he said stated Brian Dillman said we know this swale was designed to direct flow that was redirected by Dr. Taverna.  Taverna said this is not true.  Taverna referred to two maps he had with him.  Taverna said there was testimony from individuals that this water never came through our property.  Taverna said when he sees Dillman write something like this it is disturbing.  Taverna said he would like to meet with Dillman.  Colver told Taverna he would defer to the township solicitor since there have been numerous litigation cases brought against the township by Taverna.  Bruno recommended the Board not respond to Dr. Taverna’s comments since there is pending litigation on these issues.  Bruno told Taverna his comments should be addressed in the courtroom litigation setting. 

 

13. REPORTS

       

Solicitor

·        Bruno had an extension request from Prologis asking for an extension of time until October 31, 2008, to be able to complete their public improvements.  On motion by Lammi, seconded by Smith, and agreed by all, the Board authorized the Chairman to sign the extension request.

·        Bruno had an extension request from Charles Chrin regarding Parkview Estates, Phase 3, requesting an extension of time until November 30, 2007 to enter into their maintenance period.  On motion by Panella, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the extension request.

·        Bruno had four litigation items for executive session.

 

Manager

·        Anckaitis had one personnel item for executive session.

 

Public Services Director

·        Adams informed the Board that there would be detours on Newlins Mill Road and Van Buren Road this week.   

 

Supervisors

·        Smith said the football teams will be playing in their super bowl games.  Smith said the soccer program entered seven teams into the soccer playoffs this past weekend and four teams made it into the finals.

·        Smith said the soccer program would like to run an instructional program in the winter at the community center when there will be no conflict with other program scheduling.  Smith said they will use a low bounce Brazilian soccer ball.  Smith said in the past this Board said no soccer balls kicked in the gyms.  Smith said the ball will not damage the walls.  Anckaitis said he saw the ball and kicked it around.  Anckaitis said if adults were kicking it in the gyms he would not recommend it, but the oldest kids will be 10 years old and he didn’t think a kid that age could kick it and make any damage.  Anckaitis said this only approves this one program.  Smith made a motion to approve the instructional soccer program for kids 10 years and under, using a low velocity ball.  The motion was seconded by Mitchell, and agreed by all.

·        Lammi said he had the opportunity to take some pictures walking down the Bushkill Creek bike path and he was blown away at how beautiful it is.  Lammi said the job the contractor, public works department, and parks department did on the path is great. 

 

      On motion by Panella, seconded by Mitchell, and agreed by all, the meeting was adjourned at 8:53 p.m. with one personnel and four litigation items for executive session.

 

Respectfully submitted,

 

 

 

Robert G. Anckaitis

Township Manager