PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

JANUARY 29, 2008

A general business meeting of the Palmer Township Board of Supervisors was held on Tuesday, January 29, 2008 at 7:00 p.m. in the Community Room of the Palmer Library with all Supervisors in attendance. Also in attendance were the Township Manager, Director of Public Services, Planning Director, Township Solicitor, Attorney Christy Schlottman, and Police Lieutenant. Colver convened the meeting and led those present in the Pledge to the Flag.

2. APPROVAL OF DISBURSEMENT OF FUNDS – JANUARY 29, 2008

INFORMATION

The report will be provided at the meeting.

DISCUSSION

On motion by Mitchell, seconded by Panella, and agreed by all, the Board voted to approve the disbursement of funds for January 29, 2008.

3. APPROVAL OF MINUTES – JANUARY 21, 2008

DISCUSSION

On motion by Smith, seconded by Mitchell, and agreed by all, the Board voted to approve the minutes of January 21, 2008.

4. TENDERCARE PEDIATRICS CONDITIONAL USE REQUEST

INFORMATION

The Board needs to approve/disapprove the conditional use request.

DISCUSSION

Bruno said we are here for a conditional use hearing that was advertised for this evening. Bruno said the applicants are Frank and Lisa Guinther. Attorney Cohen and Engineer Earl Geissler were in attendance. Bruno said the property is located west of Route 248, south of VanBuren Road and north of Newburg Road in the LDR zoning district. Bruno said the property is within the Route 248 overlay district.

Stenographer Ted Rewak swore in those in attendance and interested in commenting on the request. Bruno entered the following documents to the record:

T-1 Newspaper advertisement for the public hearing

T-2 Township Engineer letter dated December 7, 2007

T-3 Letter from Planning Director Amanda Jensen on behalf of the Planning Commission with the Planning Commissions recommendation for approval

T-4 Prior Zoning Hearing Board decision dated August 17, 2007

Attorney Dan Cohen asked to enter into the record a color display of the surrounding properties that represented the commercial properties as A-1. Cohen said the township Planning Commission letter from Amanda Jensen indicated the Planning Commission recommended deferrals for road widening, sidewalks, and street trees. Cohen said he will not address those issues unless the Board thinks they need additional information. Attorney Cohen questioned Dr. Lisa Guinther, Pediatrician, 1108 Van Buren Road. Dr. Guinther said her practice is currently off of VanBuren Road on Route 248. Dr. Guinther said she is planning to move her business into this building on route 248 that she will own. Dr. Guinther said the building she purchased was in bad condition and said prior to her purchasing the building it was owned and used as a chiropractic office. Dr. Guinther said the usable area will be approximately 3000 square feet. Dr. Guinther said the exterior is being sided and stoned and the building will consist of exam rooms, waiting room, reception area, kitchen, and offices. Dr. Guinther said patients will be scheduled every 15 minutes with about two or three patients in the building at one time. There will be three employees besides her and there will be 15 parking spaces in the lot. Hours will be 9:00 a.m. to 5:00 p.m., Monday through Friday, with no weekend or evening hours. Cohen asked Dr. Guinther if the project met all zoning requirements. Dr. Guinther said yes. Dr. Guinther said a trash dumpster will be located and screened with trees or bushes in the rear of the parking area. Dr. Guinther said there are big trees along the left side of the property and the rear of the property. They will be using the same sign as the prior business but it will be updated and the lighting in the parking lot will be in accordance with the township ordinances.

Lammi asked if the residence in the rear would be rented out. Dr. Guinther said the whole building will be used for the business. Colver asked about the parking area. Geissler said Penndot has them making one driveway in and out of the parking area. Jensen said the project is in the overlay district but not coming through as a land development plan. Jensen said they have a site plan. Colver asked how this use comes in the LDR zone. Jensen said the Zoning Hearing Board said they had to go through the conditional use process because the property is in the overlay district. Lammi asked initially when the chiropractor owned the property, did they go for a non conforming use. Jensen said no, they went for a home occupation and then his practice grew and he did not come back to the township to upgrade. Bruno said the intent of everyone here is to replace the use but a variance request was needed for the use. Bruno said the Zoning Hearing Board found this necessary because it is a replacement and it falls in the overlay district, which requires conditional use approval from the Board of Supervisors. Bruno said because the applicant is not making any structural changes they can request a waiver from the strict requirements of a land development plan submission. Attorney Cohen said they already sent in that request. Colver said he has no problem with the use but he has this feeling that this is not going through the proper channels. Bruno said Pidcock reviewed a plan and the plan was then entered into the record as A-2.

Earl Geissler, Land Surveyor with Base Engineering, reviewed the plan with the Board and described the property in detail. Geissler said changes requested by Penndot have been incorporated into the plan regarding parking and the driveway.

Colver asked who will be doing the inspections from the township end. Jensen said Base Engineering did the site plan and The Pidcock Company inspects the site plan. Jensen said an independent architect did the building plan and Base Engineering will inspect that work. Bruno asked if the applicant was prepared to adhere to the items outlined in the Township Engineer letter and the township departmental comments. Cohen said yes. Jensen said the Planning Commission excluded the recreation fee requirement. Bruno said the plan will need to be recorded to have the waivers and deferrals solidified.

Bruno asked if anyone from the audience wanted to comment. There were no comments. Panella asked if any other physicians would be in the office. Guinther said no.

On motion by Panella, seconded by Smith, and agreed by all, the Board voted to close the record for deliberation.

Lammi made a motion to approve the conditional use request conditioned upon the applicant fulfilling the conditions outlined in the Township Engineer’s letter dated December 7, 2007, the applicant fulfilling the comments noted on the departmental comment sheet dated January 4, 2008, excluding the comment regarding the recreation fees. Also, the applicant must comply with the Zoning Hearing Board decision of August 17, 2007, and shall record the plan. The Board granted a deferral from Saldo sections 165-59.C(2), 165-69, 165-73 and 165-75 regarding road widening and installation of sidewalks, street trees and curbs. The motion was seconded by Panella, and agreed by all.

5. TCAAB PRELIMINARY/FINAL SITE PLAN REVIEW

INFORMATION

The Board needs to approve/disapprove the preliminary/final site plan review.

DISCUSSION

Jensen said the plan proposes modifications to two lots along the north side of William Penn Highway, east of Elwood Street. Lots currently contain a commercial use on Lot 2 (Palmer Trophy and Awards), which is proposed to remain in operation and a 1-1/2 story residential structure on Lot 1, for which a commercial use is proposed on the upper floors and the existing residential use in the basement level is to remain. Jensen said the plan proposes a parking area on Lot 1, along with revisions to the existing parking areas on Lot 2.

Jeff Young, Jules Miknyoczki, and Ana Martins from Van Cleef Engineering were in attendance. Young reviewed the plan with the Board and explained the two lots and the parking area. Colver asked what the use is on Lot 1. Young said there are two uses - the basement currently is residential use and he would like to keep that. Young said when they remodeled the basement the tenant on the first floor liked it and wanted to move there. Young said the first floor will be used for a medical office or accountant office. Young said nice aesthetic improvements will be made to the building. Martins reviewed the handicapped access from the parking area off the shared driveway access. Colver said from the outside you are handicapped accessible and he asked if inside will be handicapped accessible also. Martins said yes. Colver asked if the parking lot lighting was changing. Martins said there will be an increase in paving to accommodate the light commercial use. Martins showed the paving area on the plan. Young reviewed the lighting plan. Colver asked if the lights would burn all night. Young said at least one will because of the residential use. Martins said the lighting would be shielded. Dillman said he does not believe there is a need to keep a light on in the parking lot for a residential use. Smith confirmed there are no changes to Lot 2 other than the changes in the driveway. Young said that is correct. Young reviewed what Penndot is requiring. Colver asked about trees on the property lines. Young said some trees will be trimmed and maintained by us. Young said he believes recreation fees are not required for this kind of plan. Jensen said this is going through as a land development plan and according to our ordinance it requires recreation fees. Jensen informed the Board that this plan is the same as the Ferraro plan a few years ago. Jensen said we did not charge recreation fees for the residential use. Jensen said the recreation fees were part of the motion the Planning Commission made and also in her letter dated October 16, 2007. Martins said the property is 17,263 square foot. Young said that is about $1,200. Dillman said assuming the right-of-way is dedicated the fee would be based on 14,285 square feet. Young agreed that was fine. Young said regarding the waivers on page three, D1 of the Pidcock letter, he said you can take out the word waiver. Young asked about the traffic contribution. Jensen said the contribution is made to the township prior to signing of the mylar. Martins asked to clarify D2 on page three, where they requested a 10-foot utility easement is needed for the handicapped ramp. The Board agreed it was okay as written. Young said on page two, item number two, the second sentence, we do not wish to offer right-of-way for Lot 2. Young said we never wanted Lot 2 to be pulled into this plan as much as it has been. Young said we want to avoid negative impact to the business as long as we can. Martins said Penndot is willing to permit the driveways and they are going to restrict opening on the western driveway to 30-feet and on the eastern side to 28-feet for the shared access.

Smith made a motion granting conditional approval of the preliminary/final site plan conditioned upon the applicant fulfilling the items outlined in the Township Engineer’s letter dated October 8, 2007, with the applicant not being required to dedicate right-of-way along Lot 2, the applicant fulfilling the departmental comments dated October 4, 2007, the applicant pay recreation fees based on square footage of Lot 1 excluding the area to be dedicated to the township, the Board accepted a voluntary traffic contribution of $1,000 per p.m. peak trips of the expected use of the proposed office building, the applicant enter into a 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 township granted the following deferral: 165-59.C(2), 165-69, 165-73 and 165-75 – road widening and installation of sidewalks, street trees, and curbs along Lots 1 & 2 William Penn Highway frontage; granted waiver for 165-59.G.2 – to provide 10-foot wide utility easements adjacent to all street rights-of-ways and all lot lines; granted waiver for 165-59.M – to reduce the required 40-foot right-of-way half width of William Penn Highway to 25-feet along Lot 1.

Bruno clarified the recreation fee is based on square footage of lot one only. The motion was seconded by Mitchell, and agreed by all.

6. SCHAFER’S PLACE 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 Schafer’s Place.

7. TOWNSHIP ENGINEER CAPITAL PROJECTS UPDATE

INFORMATION

The township engineer will update the Board on the status of all capital projects.

DISCUSSION

Dillman said he has nothing to report. Colver asked the Board if they should think about having the Pidcock Company update the capital projects list and costs so the process of funding the additional projects can be addressed. Dillman said they are waiting for the property acquisitions to be wrapped up for the Freemansburg Avenue and Greenwood Avenue project. Dillman said once they are complete they need to get that information back to Penndot. Lammi asked when they will have the numbers for each project. Dillman said a few months ago he gave the township the numbers for the three projects. Lammi asked if they included design and construction management costs. Dillman said yes they did. Dillman said we gave you an estimate in 2008 dollars. Anckaitis said one thing that needs to be coordinated between the Solicitor and the Engineer is what costs Zawarski has committed toward the project. Mitchell said Zawarski could can his project. Bruno said he will update the Board in executive session regarding the Zawarski project since there is currently litigation pending. Dillman said there are a handful of other small projects that may need to be looked at and those numbers brought forward. Dillman asked what he should do. Colver said you know our three top projects. Lammi said we also need to deduct what the Township Manager has from developer’s accounts that were to be used toward the improvements.

8. PUBLIC COMMENT

Gil Greene, 32 Edinburgh, asked when the next public discussion would be held on the potential Majestic project. Jensen said the Planning Commission would be the next step for the project and they are not scheduled to be on the February agenda. Jensen said they may be on the March 11^th agenda and suggested they contact the municipal building to find out if they will be on the March agenda as the date gets closer. Greene asked if there is a site plan. Jensen said yes and it could be viewed at the municipal building.

Richard Milberg, 36 Edinburgh, said his questions were just answered but he was looking forward to meeting with Mr. Colver tomorrow when he meets with the Highlands Board. Colver said he previously met with the Board of Directors at the Glenmoor complex to discuss generic township issues. Colver said now the Board of the Highlands has asked him to a meeting and he will be attending it tomorrow morning along with Amanda Jensen.

9. REPORTS

Solicitor

· Bruno had a subdivision improvements agreement for the Chrin Commerce Center. On motion by Lammi, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the agreement.

· Bruno had a subdivision improvements agreement for Parkview Estates, Phase 7. On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the agreement.

· Bruno had an extension agreement for Parkview Estates, Phase 4, requesting additional time to complete public improvements. Bruno said security has been extended. On motion by Smith, seconded by Lammi, and agreed by all, the Board approved the extension agreement.

· Bruno had an extension agreement for Parkview Estates, Phase 5, requesting additional time to complete public improvements. On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the extension agreement.

· Bruno had an extension agreement for Parkview Estates, Phase 6, requesting until December 31, 2008 to complete public improvements. On motion by Panella, seconded by Smith, and agreed by all, the Board approved the extension agreement.

· Bruno had an extension agreement for Glenmoor Realty requesting an extension of time until May 31 2008, in order to complete public improvements. On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the extension agreement.

· Bruno had an extension agreement for The Highlands of Glenmoor requesting an extension until May 31, 2008, in order to complete public improvements. On motion by Lammi, seconded by Smith, and agreed by all, the board approved the extension agreement.

· Bruno had an agreement for the Hecktown Road Business Park who is entering into their maintenance period. Bruno said inspections have been made and are approved. On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the agreement.

· Bruno had a request for an extension of time from Commerce Bank until February 28, 2008, in order for them to complete public improvements. On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the extension request.

· Bruno had an extension request from RGC Development, Knobhill, requesting an extension until May 31, 2008, to complete public improvements. On motion by Panella, seconded by Mitchell, and agreed by all, the Board approved the extension request.

· Bruno had a lease between the school district and the township for the southern portion of the Palmer School tract that needed to be signed by the Chairman. Bruno said the lease was previously approved by the Board.

· Bruno said he had a request from Frank Bubba & Sons Inc. regarding their Fox Hill Road development requesting a one year extension of time to be able to request their permits. On motion by Smith, seconded by Panella, and agreed by all, the Board granted the extension of time.

· Bruno said regarding Hay Terrace South, Strausser Development, we are waiting for their extension agreement which expires February 3, 2008. Bruno said since this Board doesn’t meet before the 3^rd he may need to make a demand on their letter of credit. On motion by Lammi, seconded by Smith, and agreed by all, the Board authorized the Chairman to make a demand on their letter of credit, if needed.

· Bruno had one litigation item for executive session.

Manager

· Anckaitis said he received a letter from Attorney McFall who represents the Easton Area Sewer Authority regarding the Sewer Authority selling capacity to Wilson Borough. Anckaitis said members are afforded the opportunity to exercise their option for the capacity. The Board agreed they are not interested.

· Anckaitis had one personnel and one litigation item for executive session.

Public Services Director

· Adams said the contractors at the Walters Dam are 95% completed.

Planning Director

· Jensen said the Crossroads of Nazareth, Dr. Salib, has requested a full access point on their HOP application to Penndot. Lammi said he will not be at the meeting when they will be back on the agenda but his comments are that we try to follow the limited access on Route 248 for right-in and right-out only. Lammi said left hand turns are dangerous on Route 248. Lammi said he still feels strongly about this. Jensen said Penndot does not want any more right-in and right-outs on their highways.

· Jensen asked if there were any concerns about the March Zoning Hearing Board agenda. There were none.

Supervisors

· Smith had a check from the AA for $5,000. Smith said it is half of their $10,000 donation from last year. Smith also had a check from the AA for the proceeds from three dances at the community center.

· Smith had one personnel item for executive session for Board members only.

· Colver said the fire department had applied for a grant for the fire stations and he was told at last nights meeting that they were granted the $17,800 grant. Colver said it would be used to install camera systems for both Station 1 and Station 2. Colver said the entire project will be paid by the grant. Colver said the bids for the project will be on a February agenda. Colver thanked Commissioner Grube for obtaining the grant.

· Colver said the fire department has three new members and an application from another individual. Colver also said effective January 1 the change was made where the ladder truck was moved from Station 2 to Station 1 and the new truck is now housed at Station 2.

On motion by Mitchell, seconded by Panella, and agreed by all, the meeting was adjourned at 8:45 p.m. with two personnel and two litigation items for executive session.

Respectfully submitted,

Robert G. Anckaitis

Township Manager