PALMER
TOWNSHIP BOARD OF SUPERVISORS
GENERAL
BUSINESS MEETING
NOVEMBER
19, 2007
A general business meeting of the
Palmer Township Board of Supervisors was held on Monday, November 19, 2007 at
7:00 p.m. in the Community Room of the Palmer Library with all Supervisors in
attendance. The Planning Director,
Public Services Director, Police Chief, Solicitor, and Attorney Schlottman were
in attendance. The Township Manager was absent. 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
19, 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 19, 2007.
3.
APPROVAL OF MINUTES – NOVEMBER 5, 2007
DISCUSSION
Colver noted there
were changes previously submitted by the Solicitor to the minutes.
On
motion by Smith, seconded by Mitchell, and agreed by all, the Board approved
the minutes for November 5, 2007.
4. DISCUSSION REGARDING PROPOSED CHANGES TO
THE BUSINESS PRIVILEGE TAX AND LICENSE ORDINANCE
INFORMATION
Sheri Young will be present to discuss the proposed
changes with the Board. The Board needs
to approve/disapprove the recommended changes to the ordinance.
DISCUSSION
Young said she and the Township Manager
have discussed increasing the license fee to $25. Young said the last increase was in
2003. Young said they are also proposing
changing the effective dates of the license to run for a calendar year from
January 1 through December 31. Young
said they currently renew on various dates throughout the year based upon when
license was issued. Young said she
checked with area municipalities and the $25 fee is consistent throughout the
area. Bruno said he will draft the
ordinance and bring it back to the Board.
On
motion by Lammi, seconded by Smith, and agreed by all, the Board authorized the
Solicitor to draft the ordinance changing the business privilege license fee to
$25 and changing the renewal date to run for a calendar year, January 1 through
December 31.
Biagio Parascandolo, 4 Grove Street, asked what the due date
will be on the license. Young said you
will need to renew by December 31 for the following year.
5. ORDINANCE
TO PROHIBIT HUNTING ON TOWNSHIP OWNED PROPERTY
INFORMATION
The
Board needs to approve/disapprove the ordinance.
DISCUSSION
On
motion by Panella, seconded by Mitchell, and agreed by all, the Board approved
the ordinance prohibiting hunting on township property. Smith asked if the
properties would be posted. Adams said they are already posted but were not being
enforced. Signs are now enforceable.
6. I.D.I. UPDATE
REGARDING GEOTECHNICAL REVIEW
INFORMATION
The
township Planning Director will update the Board on her conversations with the
township Geotechnical Engineer.
DISCUSSION
Colver
said at our last meeting we discussed getting in touch with our geotechnical
engineer. Jensen said she spoke with Tim
Martin and he said he has a lot of experience in testifying in situations like
this. Jensen said without any firm plans
from Lower Nazareth he really cannot add much
until they have detailed information.
Jensen said he did say he would be willing to review the plans when the
information is available. Mitchell said
he thought it would be a good idea to have him at least attend an IDI meeting
to express concern for sinkholes in the area.
Lammi said just because there is karst geology
it is not going to stop the project, but we have to be sure that the Lower
Nazareth Board understands the need for protection of the neighbors in Palmer Township. Lammi said we know from experience that when
excavation occurs sinkholes can occur.
Lammi said he would hope Lower Nazareth
would put a condition on the developer that the developer would be responsible
for repairing a sinkhole on a neighboring property. Lammi
said if Tim Martin could testify that their project could trigger sinkholes on
neighboring properties then he feels Mr. Martin should testify. Colver asked about the distance between
their property line and neighbors. Bruno
said the Lower Nazareth Engineer testified that it is in compliance with their
ordinance as far as setbacks. Lammi
asked when witnesses will have the ability to testify. Bruno said the end of November. Bruno said the applicant has one more witness
to wrap up. Lammi asked the Solicitor if
he felt Mr. Martin’s testimony would have impact regarding neighboring
properties. Bruno said he did not think
it would carry a whole lot of weight since there were no plans to study. Bruno said it would be background
information. Lammi said based on Mr.
Martin’s experiences he could testify from prior experience. Mitchell said he thought it was worth having
Mr. Martin testify. Colver said he
thinks we should get Mr. Martin on board and send him. The Planning Director will forward the Board’s
request to Mr. Martin.
Lammi
made a motion to retain Tim Martin to testify at the Lower Nazareth IDI meeting
as to the impact of excavation of the IDI project and how it could possibly
affect neighboring properties in Palmer
Township.
David
Behar, 18 Lower Way
Road, asked if it was possible to review surveys that have been used in the
past. Colver said the geotechnical
engineer we are talking about is very familiar with the area.
Bonita Jodes, 12
Brentwood Avenue, said everyone is appreciative
that you are asking the geotechnical expert to testify. Jodes say we need expert opinions on our
behalf. Jodes said at one of the
previous meetings they did say they changed the dimensions of one of the
buildings. Jodes asked if the two
townships work together. Colver said we
have been in contact with them verbally and through letters. Colver said our representatives have also
attended every one of their meetings.
Colver said since not one corner of the property lands in Palmer Township
there is little we can do. Lammi said
there are two main things that Palmer needs to be concerned about; the storm water
impact because that will come into Palmer, and our engineer will need to review
those plans; and the traffic impact on our township. Lammi said Penndot will also be interested in
the traffic impact studies.
Tom Frank, 2409
Bridlepath Road, said he wanted to thank the Board
for the motion you made. Frank said Mr.
Bruno did a great job at the last meeting.
Frank said the IDI plan is so big and the word assumption was used over
and over again at their meetings. Frank
said the noise impact will be significant on the residential neighborhood. Frank said the plan is good for IDI but there
will be all kinds of impact on the neighborhood next door.
David Behar, 18
Lower Way Road, asked if there were any cases in
the past to compare this to and if there is any appeal process to a higher authority. Colver said we had the Home Depot come in and
it was right across from Wilson Borough where there were residential homes. Colver said the developer was able to work
with Wilson Borough and there were 21 homes and businesses in Palmer that the
developer bought out. Behar said with
the number of trucks this development will have it is much different. Colver said that is true. Colver said we have worked with Bethlehem Township
in the past and a little with Lower Nazareth
with the WalMart shopping area. Colver
said we have worked in the past with other municipalities when we had the
development in our township. Bruno said
we have not had prior experience where one municipality challenges another
municipality. Bruno said we are hopeful
that Lower Nazareth will be concerned with the same issues Palmer Township
is concerned about. Bruno said an appeal
is not the norm but rather an exception.
Lammi said as long as everything meets the Lower
Nazareth ordinances it would be hard to appeal. Lammi said we are letting Lower
Nazareth know of our concerns so they can also address them. Lammi said the Lower Nazareth Planning Commission
recommended denial of this project to their Board of Commissioners.
The motion was seconded by Smith, and agreed by all.
7. SORTINO
SUBDIVISION WAIVER REQUEST
INFORMATION
The
Board needs to approve/disapprove the waiver request.
DISCUSSION
Colver
said this is a 4-unit apartment building with two separate tax identification
numbers. Colver said Mr. Sortino wants to
merge the properties into one parcel.
On
motion by Lammi, seconded by Mitchell, and agreed by all, the Board approved the
Sortino subdivision waiver request to combine two lots as indicated in Mr.
Sortino’s letter dated November 5, 2007.
8. RESOLUTION TO UPGRADE STREET
LIGHT AT THE INTERSECTION OF FREEMANSBURG
AVENUE AND MILFORD STREET
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 the intersection of Freemansburg
Avenue and Milford Street.
9. NORTHWOOD ESTATES
FENCE AGREEMENTS FOR SIX PROPERTIES
INFORMATION
The
Board needs to approve/disapprove fence agreements for 4, 6, 8, 10, 12 and 14 North Ridge Court.
DISCUSSION
Adams said these are in the Northwood Estates subdivision
and the developer wants to put fencing within an existing 20’ wide utility and
drainage easement. Adams
said he reviewed the request and the area and he is okay with recommending the
placement of the fence.
On
motion by Lammi, seconded by Smith, and agreed by all, the Board approved fence
agreements for 4, 6, 8, 10, 12, and 14
North Ridge Court properties.
10. PUBLIC COMMENT
Biagio Parascandolo, 4 Grove Street, said there are street
lights at Milford
and William Penn Highway
that go on and off all night long. Parascandolo
said the traffic light at the same intersection has been malfunctioning for six
months. Parascandolo said the sensors
are not working correctly. Parascandolo
said he spoke with Lt. Young about this before.
Young said Telco was aware of it and it would be fixed. Parascandolo said it started after a storm
and Telco fixed the light at Greenwood
and William Penn but the one at Milford
Street still isn’t working. Adams said
they are aware of the problem and working with Telco.
David Behar, 18 Lower Way, said he is new to the area and
asked if zoning is allowed for a distribution complex. Colver said we do have a zoning map that
illustrates all the zoning areas in the township. Lammi said the comprehensive plan that is online
also shows the zoning maps. Behar asked
if this Board makes decisions regarding zoning.
The Planning Director explained how municipalities are required to allow
all types of zoning in the township. Behar
asked about buffer zones. Jensen said in
our ordinance it requires 100 feet. Behar
said 100 feet seems very close. Lammi
said buffers can also include trees, fences and berms. Behar said he has witnessed two accidents in
the past year at VanBuren and Lower Way Road at the top of hill. Behar asked what would constitute this being
looked at. Colver told Mr. Behar a
written request to the traffic committee would be required.
Gil Greene, 22 Edinburgh Drive, asked if the Board would
be discussing the zoning change on Corriere
Road.
Colver said at our last meeting we voted to entertain the developers request
to rezone. Colver said the developer will
be setting up an escrow account with the township and will be working on
getting their plan together and will come back to the township and have
hearings. Colver said it will go through
the planning process and then back to this Board.
Richard Vorholy, 202 Oxford Drive, said the berm the IDI project
will be building has an area of about 230 feet where the berm will not exist. Vorholy said the headlights from trucks will
be filtering directly into our neighborhood as well as the noise and pollution. Vorholy said he wants to ask the noise expert
about this. Colver said he does not know
if a berm is required by Lower Nazareth
ordinance. Lammi said he believes that
it is a gas line right of way and he does not think the gas company will allow
a berm to be built there. Colver said a
recommendation might be to have some type of wall built at the end of that road
that would deter the light and noise. Vorholy
said he knows about the flooding problems too, because he was flooded in the
past. Vorholy said he does not know
where they are planning on putting the water.
Lammi said those things can be engineered and we want to make sure it is
engineered properly.
Bonito Jodes, 12 Brentwood Avenue, said they are
proposing an access road off of Route 33 so trucks can have direct access to
their facility. Jodes asked who will be
responsible for policing and maintaining that road. Bruno said Lower
Nazareth has stated they are not 100% sure if that road will be a
public road yet.
11. REPORTS
Solicitor
·
Bruno had three litigation items for executive session.
Planning
Director
·
Jensen informed the Board she would like to
propose the township begin charging land development fees. Jensen said we are the only municipality in
the area that does not have land development fees. Jensen said these would help offset the costs
incurred by the township for the in-house staff process. Jensen said before she writes anything up on
proposed fees she wanted the Board to also know she has been working with the
Township Engineer and Solicitor regarding SALDO changes. Mitchell asked for some sample fees. Jensen read the fees that area municipalities
are currently charging. Colver said he
did not see a problem with this. The
Board agreed. Lammi said he agrees with
the developer having to cover these costs instead of using money from the
general fund.
·
Jensen said she would also like to start
charging resubmission fees. Jensen said
this should cut down on developers filing revised plans in for no real reason.
Police
Chief
·
Fretz said he and Lt. DeMarco attended a ceremony
at the DEA Office in Philadelphia
where Officer Faasuamalie was recognized for his
integral part in a recent drug bust in the valley.
Supervisors
·
Panella wished everyone a Happy
Thanksgiving.
On
motion by Mitchell, seconded by Panella, and agreed by all, the meeting was
adjourned at 8:15 p.m. with three litigation items for executive session.
Respectfully
submitted,
Robert G. Anckaitis
Township Manager