PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

NOVEMBER 27, 2007

 

      A general business meeting of the Palmer Township Board of Supervisors was held on Tuesday, November 27, 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, Police Lieutenant, 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 27, 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 27, 2007. 

 

3.      APPROVAL OF MINUTES – NOVEMBER 15, 2007 AND NOVEMBER 19, 2007

 

      DISCUSSION

 

Colver changed the word “approved” to “proposes” in the first paragraph on Page 3 of the November 15, 2007 minutes.  On motion by Smith, seconded by Panella, and agreed by all, the Board approved the minutes for November 15, 2007, with the above change.

 

      Lammi changed the word “cast” to “karst” on Page 2, in the first paragraph under item #6, seventh line, of the November 19, 2007 minutes.  On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the minutes for November 19, 2007, with the above change. 

     

4.   VILLAGES AT WOLF’S RUN PRELIMINARY SUBDIVISION AND CONDITIONAL USE APPROVAL

 

      INFORMATION       

     

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

 

      DISCUSSION

     

      Bruno said he thought it would be best to have the preliminary subdivision review first and then follow with the conditional use hearing.

 

      Jensen reviewed the proposed plan for a 249 dwelling unit residential development consisting of 242 townhouse units, four twins, and three single family residences, on a 60+ acre tract (consisting of four separate lots) located east of Van Buren Road, south of the Palmer Active Adult Community, north of Fox Run Estates subdivision and west of the Wolf’s Run subdivision.  Jensen said the parcels are located within the MDR and HDR-2 zoning districts.  Jensen said an existing dwelling and out-buildings (on a separate lot and not part of this proposal) are shown in the center of the proposed development.  Jensen said the project entails two conditional uses and comes to this Board with full recommendation from the Planning Commission.

 

      Sal Panto, representing Strausser Enterprises, said the project includes a homeowners association for the whole complex.  Strausser reviewed the new entrance they have drawn for the Meilinger property off of Van Buren Road.  Strausser said they have agreed to bond the bridge in the first phase of the project even though the bridge contract and design is not yet finalized.  Panto said they will continue to work with the township engineer to finalize the bridge design.  Panto said the bike path will continue along Van Buren Road.  Panto said the East Village will be built first and the West Village will begin in about two years.

 

      Colver asked for clarification on preliminary approval versus final approval.  Jensen said this is preliminary plan approval.  Bruno said public improvements would be addressed during the final plan process.  Colver said he believes Mr. Panto thinks final approval is going to be given tonight on the East Village, not the West Village.  Engineer Dillman said he thought it was always clear that we are dealing with the preliminary plan process. 

 

      Philip Siebert, Ott Engineering, said the East Village is our first phase that includes 107 town homes in building groups of three and four units.  Siebert said many homes have side entry garages.  Siebert said some units have front entry garages and will require conditional use approval.  Siebert said there are 142 homes in the West Village with the interior loop road units having detached garages with no parking in front of their homes.  Siebert said the construction of a culvert replacement is also included in the project.  Siebert said the bridge will have an 82 foot clear span of the creek that allows for the 100 year storm to pass under Van Buren Road.  It will be approximately three feet above the existing grade.  Siebert said open space runs through the plan and they are proposing a pedestrian path that will utilize an existing culvert that crosses over the Schoeneck Creek.  Condominium units will be on the southern portion of the site.  Panto said the project also includes restoration of the old farmhouse and barn.  Lammi asked how the farmhouse and barn were going to be used.  Panto said they have not decided.  Lammi asked since the villages are going to be an association, will the bike path be available for public use.  Panto said they could make the bike path available for public use.  Colver asked if the initial phase will be using existing stub streets.  Siebert said yes.  Lammi asked about access to the property during construction.  Panto said there would be a construction road off of Van Buren Road.  Lammi said we have another applicant interested in developing on the other side of the road and if both developers could have engineers working together on the bridge it would benefit everyone.  Panto said we have a bridge designer and builder ready to go but the bridge will not be built for another two years.  Lammi said this Board needs to pay close attention to this as the other project moves along.  Smith said item B2 of the Township Engineer’s letter says the open space will be maintained by the homeowners association.  Smith asked how will you limit public use for fishing in the creek.  Panto said we are offering up easements along the creek to the township.  Colver asked if Mrs. Meilinger is in agreement with the new entrance to her property.  Panto said he believes the Township Engineer and Mrs. Meilinger are in agreement with the proposed entrance off of Van Buren Road.  Lammi asked about controlling the water on the other side of Van Buren Road.  Dillman said the shape of the water way opening of the bridge will determine how the water flows under Van Buren Road.  Dillman said right now we do not have a crystal clear picture of that.  Lammi asked when Pidcock will get that analysis.  Siebert said they are working on it and they will have to go on other property owners land (Mr. Graack’s and Mandy Partners) to be able to do the survey work. 

 

      Dr. Roger Ruggles, Engineering Consultant for Mrs. Meilinger, handed out material to the Board that included a topographical map.  Ruggles created a computer generation of a simulated two year storm and explained the flow of the water.  Ruggles said the land on the upstream side of Van Buren Road needs a detention basin.  Ruggles said if the bridge gets bigger the downstream properties will see a greater flow rate for the same storm that will result in increased erosion in the stream and higher flooded elevations.  Colver said until the properties on the other side of Van Buren Road come to us to be developed a detention basin will not happen.

 

      Nancy Meilinger, 1375 Van Buren Road, said this is the first she is hearing about the new access point to her property, but it is much more acceptable than the initial proposal.  Colver confirmed with the developer that they will be doing all the work at Mrs. Meilinger’s entrance including moving her entrance gates.  Panto agreed.  Meilinger said if the bridge does not need to be as large as it is currently proposed to be there could be other options.  Meilinger said Mr. Graack has said he would be willing to part with some of his property for a detention basin.  Colver said it looks like the Mandy Partner property is the property that a basin should be built on.  Lammi said we know the bridge has to be put in to allow for our emergency vehicles to get to this end of the township in emergency situations.  Panto said we are willing to bond the bridge now at the maximum requirement of 72 feet.  Panto said if it is agreed that the bridge can be made smaller in the future we will gladly take a rebate. 

 

      Colver asked Mr. Panto if they are okay with everything else outlined in the October 8, 2007 Township Engineer letter.  Panto said yes.  Colver asked if the roads are going to be township owned.  Panto said yes the roads will be turned over to the township.  Dillman said the alleys will remain private. 

 

      Dillman said he would like to see the hydraulic design of the bridge and have the Meilinger’s engineer review it.  Dillman said the structural design of the bridge does not need to be completed, but the first step has to be resolved to everyone’s satisfaction.  Panto said then he requests that this project, that meets all the township SALDO requirements, be approved tonight.  Panto said we have agreed to do everything up to now.  Panto said you are now asking us for things we have no control over.  The problems are coming from land north of Van Buren Road that we do not own.  Panto said he believes the project should be granted approval tonight and we will bond the bridge at $1.4 million.  Panto said we could come in with a subdivision and just do the East Village now and then come back in three years for the West Village.  Colver said he agrees with Mr. Panto.  They cannot be conditioned for something needed on another property they don’t own.  Lammi said it could take months before we find out what the bridge is going to look like.  Colver asked who came up with the number for bonding the bridge.  Panto said it will be bonded at 110% of the approved amount.  Colver asked what Pidcock needs.  Dillman said he needs the height of the bridge and the size of the opening from abutment to abutment.  Dillman said they need the hydraulic design, not the structural design.  Dillman said we need to be comfortable in telling the township that this is going to work.  Panto said we can do that, but we we just heard the bridge design may change.  Colver said if the bridge gets smaller we will have you bonded for the big picture.  Mr. Ruggles said his concern with the larger width bridge is the water will be coming on to the Meilinger property faster than it currently does.  Smith said then we need to take a look at item number six, page four, of the Pidcock letter where it states “all issues related to the hydraulic/hydrologic/geometric design of the Van Buren Road improvements including the stream crossing must be resolved now as a part of the Preliminary Plan review process”.  Bruno said he understands Mr. Panto’s concerns regarding the language in the letter and proceeding to final plan review.  Bruno said if item six is changed to say “must be resolved before receiving final plan approval”, would that be acceptable.  Bruno said we do not want to slow the developer down.  Siebert confirmed that if they are confident the bridge conveys the 100 year storm and the developer bonds for the bridge, the final plan of phase one can go ahead.  Bruno said that is correct.  Panto said they will record and copy the township on all correspondence that goes out to various property owners. 

 

      Bill Hartin, Nancy Meilinger’s fiancé, said he lives at the same address on Van Buren Road.  Hartin shared photos with the Board of previous flooding on the property.  Hartin said he is not opposing the project but would like to have the bridge kept to a reasonable size and still solve the run off problems.  Hartin said he believes if we involve Mandy Partners and Mr. Graack it could benefit the township.  Mr. Hartin asked the developer how they will access their property once they start building.  Panto said their entrance will be constructed first.

 

      Lammi made a motion to approve the Villages at Wolf’s Run preliminary plan conditioned upon the developer fulfilling the items outlined in the Township Engineer’s letter dated October 8, 2007, with a revision made to item number six on page four to read, must be resolved before receiving final plan approval; fulfilling the departmental comments dated October 4, 2007; recreation fees be paid in the amount of $1,400 for each unit in Phase I; the developer bond $110% of the bridge; work continue between engineers for the design of the bridge and keep the Meilinger engineer involved in design calculations; the Board granted the following waivers:  165-59.G(2) – to allow a minimum 5-foot wide utility easement along the lot lines for townhouses with rear parking, 165-75.E – to allow the use of Belgian block curbing, 165-59.I(6) – to allow 32 units with access from a single cul-de-sac, 165-59.I(3) – to allow a landscape island within the cul-de-sac, 165-59.F(1) – to allow tangent lengths of less than 100 feet between reverse curves and horizontal curve radii less than 150 feet along the centerline, 165-61.C – to allow a lot width to depth ratio greater than 3:1, 165-61.D – to allow side lot lines which are not perpendicular or radial to street right-of-way, 165-59.G(1) – to allow utility easements less than 30-feet wide, 165-67(B) – to allow a driveway to be built closer to an intersecting street than normally allowed; the Board granted the following deferral:  165-69.A – to not require the installation of sidewalks along the private alleys; conditioned upon approvals required through zoning hearing board and conditional use approval from the Board.

 

      Bruno recommended the motion include the bonding obligation not be required until final plan approval when the developer will post the security and enter into agreements related to public improvements, and conditioned upon conditional use approval related to zoning ordinance sections 190.54.C, 190-58.8.B, and 190-58.8.J.   

 

      Lammi amended his motion to include Bruno’s recommendation.  The motion was seconded by Panella, and agreed by all.

 

      Bruno informed Mr. Panto that an extension of time to render a decision on the plan is also required.  Panto agreed to grant an extension until December 31, 2007 to render a decision.

 

      Bruno said this matter was scheduled for a conditional use hearing tonight as identified in our advertisement.  The applicant, Strausser Enterprises, is seeking conditional use approval related to township zoning ordinance 190-54.C and 190-58.8b related to off street parking of townhouse lots and 190-58.8.J related to construction of six dwelling units.  Bruno read the ordinance to the Board.  Bruno entered the following exhibits to the record.

 

      T-1      Notice of conditional use hearing duly advertised

      T-2      October 8th, 2007 Township Engineer letter

      T-3      October 30, 2007 letter from the Planning Commission recommending approval                              of conditional uses

 

      Stenographer Rewak swore-in individuals interested in testifying.

 

      Philip Siebert, Landscape Architect and Planner for Ott Consulting, Inc., said the first item is the provision to allow townhouse units to have front entry garages.  Siebert said they have tried to use side entry garages whereever possible.  Siebert said the driveways with front entry garages do not extend beyond the garage doors.  Siebert said the second issue is related to the amount of townhouses allowed in units.  Siebert said six buildings will exceed four units.  Two will have six and three will have five in their group.  All others are less than four units.  Siebert entered the following exhibits to the record and showed the plans to the Board:

 

      A-1      General concept plan of the entire subdivision

      A-2      Three unit grouping of urban style townhouse with detached garage

      A-3      Front elevation of four unit grouping of townhouse with attached garage

      A-4      End unit elevation showing the garage on an end unit

                  A-5      Artist rendering of corner view of the outside of the building depicting the design of the proposed structures

 

      Bruno asked if there were any questions for the applicant from the Board.  There were none.  Bruno asked if there were any questions or comments from the public.  There were none.

 

      On motion by Lammi, seconded by Panella, and agreed by all, the Board approved the conditional use request for front entrance garages in the East Village and also two six unit and three five unit townhouse buildings in the West Village.

     

5.      AMENDMENT TO PALMER TOWNSHIP ADMINISTRATIVE POLICY #1-04

 

      INFORMATION       

     

      PSATS Township News notes that it is illegal to prohibit firearms from being carried into a public meeting.  The township manager recommended that the township administrative policy reflect this change in policy #2-07 pertaining to carrying and announcing possession of a firearm.

 

      DISCUSSION

 

      Anckaitis said the solicitor recommended the word “shall” be changed to “should” in the paragraph under pubic comment. 

 

       On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved administrative policy #2-07 regarding Board of Supervisor’s meetings, with the above change.

 

6.      CCCC STORM WATER MATERIAL BIDS

 

      INFORMATION       

     

      Bids were opened November 21st.  The Director of Public Services will bring bid information and his recommendation to the meeting.

 

      DISCUSSION

 

      On motion by Smith, seconded by Panella, and agreed by all, the Board awarded the bids, as recommended by the Public Services Director, to the low bidders, subject to quantities being verified by township staff, as follows:

 

      Bid Item #1 – Reinforced Concrete Pipe, awarded to Modern Precast, with unit prices of :  18”RCP - $12.14/lf, 21” RCP - $15.50/lf, 24” RCP - $17.82/lf, 27” RCP - $25.25/lf, 30” RCP - $27.06/lf, 42” RCP - $49.21/lf.

 

      Bid Item #2 – Horizontal Elliptical Reinforced Concrete Pipe, awarded to Ferguson Waterworks, with unit prices of:  14” x 23” HERCP - $27.75/lf, 17” x 26” HERCP - $35.35/lf, 24” x 38” HERCP - $43.95/lf.

 

      Bid Item #3 – Precast Storm Sewer Structures, awarded to Modern Precast, with unit prices of: 

                 

Inlet 50

Double 6’ x 6’

$3931.66

Manhole 50A

Manhole 5’ diameter shallow

$984.77

Inlet 50B

Single 2’ x 4’

$338.65

Inlet 51

Single 6’ x 6’

$2,044.58

Inlet 52

Single 6’ x 6’

$1,868.71

Inlet 52A

Single 2’ x 4’

$295.58

Inlet 53

Single 6’ x 6’

$1,663.17

Inlet 53A

Single 2’ x 4’

$295.58

Inlet 54

Single 4’ x 4’

$838.20

Inlet 55

Single 4’ x 4’

$1,116.24

Inlet 55A

Single 2’ x 4’

$487.49

Inlet 56

Single 4’ x 4’

$1,226.93

Inlet 57

Single 4’ x 4’

$1,369.37

Inlet 58

Single 2’ x 4’

$437.56

Total Lump Sum Bid

$16,898.49

 

      Bid Item #4 – Frames and Grates, awarded to Modern Precast, with unit prices of:

 

Inlet 50

Type C – two

$1,122.36

Manhole 50A

Manhole

$332.81

Inlet 50B

Type M

$518.12

Inlet 51

Type C

$561.18

Inlet 52

Type C

$561.18

Inlet 52A

Type M

$518.12

Inlet 53

Type C

$561.18

Inlet 53A

Type M

$518.12

Inlet 54

Type C

$561.18

Inlet 55

Type C

$561.18

Inlet 55A

Type M

$518.12

Inlet 56

Type C

$561.18

Inlet 57

Type C

$561.18

Inlet 58

Type M

$518.12

Total Lump Sum Bid

$7,974.08

 

7.   PUBLIC COMMENT

 

      None

 

8.   REPORTS

       

      Solicitor

·        Bruno had an extension agreement for CTHL-1, Villages at Mill Race, Phase 2, requesting an extension until May 31, 2008, to complete public improvements.  Lammi asked what work was left to be completed.  Jensen said storm water improvements.  On motion by Lammi, seconded by Smith, and agreed by all, the Board authorized the Chairman to sign the extension agreement.

·        Bruno had an extension agreement for CTHL-1, Villages at Mill Race, Phase 3, requesting an extension until May 31, 2008, to complete public improvements.  On motion by Panella, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the extension agreement.

·        Bruno had an extension agreement for CTHL-1, Villages at Mill Race, Phase 4, requesting an extension until April 30, 2008, to complete public improvements.  On motion by Smith, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the extension agreement.

·        Bruno had an extension request from GALMIL, LLC, the developer for the Schafer Place subdivision, requesting a 90-day extension for land development conditions.  On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the extension request.

·        Bruno had a request from Dr. Salib, Crossroads of Nazareth LLC, requesting a 90-day extension in order to obtain their building permits, which is a condition of their plan.  Colver asked that the letter sent to Dr. Salib by the Solicitor note that if there are any changes to their plan it needs to come back to this Board.  On motion by Lammi, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the extension request.

·        Bruno had an extension request from Penn’s Grant, LP, related to land development improvements, requesting an extension until March 31, 2008.  On motion by Lammi, seconded by Smith, and agreed by all, the Board authorized the chairman to sign the extension request.

·        Bruno said the sale of the school district property at Palmer School to Palmer Township took place Monday and there are documents that need to be signed by the Chairman tonight.  Bruno told the Township Engineer the plans also need to be recorded.  Dillman said we just need to have them signed and then they will be ready to file. 

·        Bruno had one litigation item for executive session.

 

      Manager

·        Anckaitis said we received a distribution check in the amount of $9,131 for interest earned from the health insurance cooperative we participate in.

 

      Planning Director

·     &n