PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

FEBRUARY 26, 2008

A general business meeting of the Palmer Township Board of Supervisors was held on Tuesday, February 26, 2008 at 7:00 p.m. in the Community Room of the Palmer Library with four Supervisors in attendance. Bob Lammi was absent. Also in attendance were the Township Manager, Planning Director, Director of Public Services, Police Chief, Township Solicitor, and Attorney Christy Schlottman. Madeleine Mathias from the Morning Call represented the news media. Colver convened the meeting and led those present in the Pledge to the Flag.

2. APPROVAL OF DISBURSEMENT OF FUNDS – FEBRUARY 26, 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 February 26, 2008.

3. APPROVAL OF MINUTES – FEBRUARY 18, 2008

DISCUSSION

On motion by Smith, seconded by Mitchell, and agreed by all, the Board voted to approve the minutes of February 18, 2008.

4. SOMERSET VILLAGE MAINTENANCE REQUEST DISCUSSION

INFORMATION

Representatives from Somerset Village will be present to request entering into their public improvements maintenance period retroactive April 1, 2007. The Board needs to approve/disapprove their request.

DISCUSSION

Attorney Margle was in attendance representing Somerset Village. Margle reviewed the development and prior approvals received from both Bethlehem and Palmer Townships. Margle said they are before the Board tonight requesting to enter into their 18-month maintenance period. Margle said on November 22, 2006 they had received a letter indicating improvements had been completed and that they were about ready to go into their maintenance period with a few minor issues to resolve. Margle said on March 30, 2007 the developer received another letter from Attorney Bruno stating the developer was ready to go into our maintenance period with all interior improvements being completed. Margle said at that time there were two things still holding them up, a dedication of right-of-way, and an easement agreement with the Diocese of Allentown. Margle reviewed the plan and noted the small areas these two issues involved. Margle said it took the developer nine months to receive the dedication of right-of-way and the easement agreement but both have now been completed, signed, notarized, and have been delivered to the township. Margle said he previously submitted a request to the township asking to have their 18-month maintenance period made retroactive to April 1, 2007. Margle said they also requested the retroactive date to enter into the maintenance period with Bethlehem Township on September 17, 2007, and Bethlehem Township granted that request due to the unique circumstances. Margle said he understands the township may be reluctant to grant the agreement retroactive because of setting precedent. Margle said he believes this type of request will not come before the township again because of their unique circumstances. Margle asked the Board to consider entering them into their maintenance period and to consider making the request retroactive to April 1, 2007.

Colver asked the planning director and township engineer if there were differences from what Mr. Margle stated. Dillman said there was a final inspection in October 2006. Dillman said 16-months after the start date of the maintenance period we will go back in and inspect and they will have six to eight weeks to complete any items noted. Mitchell asked why it mattered to go retroactive. Margle said the financial security sits out there and the final inspection was completed in October 2006. Margle said the township holds the security for the 18-month period. Margle said in reality the security will have been held for almost three years. Smith asked if there have been any recent inspections. Margle said he didn’t believe so. Dillman said sometime between October and April they had been out to re-inspect; prior to when Solicitor Bruno issued the letter to enter into the maintenance period. Dillman said they have not been out since. Colver asked if there were any issues with sinkholes, street trees, or street lights. Jensen said nothing other than the one light that was run down and has been repaired. Panella asked the solicitor if the three right-of-ways have anything to do with the maintenance period. Bruno said in order for the developer to enter into the maintenance period they had to have all the documents and improvements completed. Bruno said the construction was completed but the documents needed to be completed with the two other third parties. Colver said his concern is setting the precedent and it is something we have never done in the township before. Panella said she disagrees with Attorney Margle, because if we do it for you, it will be requested again from another developer. Margle said having $380,000 in security for another 18-month period is a hardship to the developer. Dillman said he is also concerned about the precedent it sets. Colver asked the solicitor how it could affect the township by setting precedent for other developers. Colver asked where will we stand by saying no to one and yes to another. Bruno said the ordinance outlines the commitment by the developer during the maintenance period. Bruno said the agreements the developers receive state the general rules they need to complete before entering into a maintenance period. Bruno said if the Board feels they want to make an exception to the rule, I believe you can do it without making it a binding matter down the road. Bruno said you are entitled to look at the issues on a case by case request. Smith said initially he felt we should not do it because of setting precedent, but from a common sense point of view it is easy to see it could go retroactive. Colver said they did everything they were supposed to do and we understand how hard it can be to get an agreement of sale from another property owner. Mitchell said he was against it at first but as long as it does not set precedent he is fine with it.

On motion by Smith, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the maintenance agreement for Somerset Village with the commencement date for the beginning of the maintenance period being April 1, 2007; the solicitor will bring the revised agreement to the next meeting for signature.

5. CREATIVE LEARNING CENTER REZONING REQUEST

INFORMATION

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

DISCUSSION

Jensen said Viena Uhler and Tamara Hammer currently own a daycare center on Tatamy Road in the Crown Plaza shopping center. Jensen said they are interested in expanding their center in a safer environment in the township. Jensen said they are trying to locate an area in the township that allows a daycare.

Bruno said the first step in this process if the Board is inclined to entertain the request to rezone, you would be required to go through the Planning Commission process, the Lehigh Valley Planning Commission would need to review and comment on the request, and then it would come back to this Board for a public hearing. Bruno said if the project includes development the Board will require a land development plan to run concurrent with the request.

Attorney Tamer Ahmed, Tamara Hammer, and Viena Uhler were present. Ahmed said the daycare is currently located in the Crown Plaza shopping center. Ahmed said the only zoning in the township allowing a daycare center is planned office/business or in a residential district by special exception. Ahmed said his client is looking to purchase 3360 Foxhill Road which is in the planned industrial commercial district. Ahmed said we are asking that the ordinance be amended to allow a daycare center. Bruno asked about the Foxhill Road location. Ahmed said it is vacant land that we would be building on. Colver said there was a previous plan for a warehouse for this property. Colver said it does not sound like a problem for the location but he is not sure the applicant understands the lengthy process involved. Ahmed said we understand the process but we do not want to take that next step until we know this Board’s thoughts. Smith said if we change the ordinance it will allow this use in other areas in the township. Jensen said she believes the only other area zoned PIC in the township is the corner of Corriere Road and Tatamy Road. Jensen reviewed the township zoning map with the Board. Colver said if the Board is willing to entertain the request, we need to have a pretty good feeling about it. Bruno recommended Mr. Ahmed specifically identify the property. Bruno recommended if it is a use you want to allow in the PIC district to make it a conditional use so it is not just a standard use. Colver said he is okay with that concept. Smith said he is a little concerned about some of the businesses in the area but as long as it is with conditional use approval it should be okay.

On motion by Panella, seconded by Smith, and agreed by all, the Board agreed to entertain the rezoning amendment request conditioned upon the applicant posting escrow of $5,000 for professional review fees, and submission of a land development plan that will run concurrent with the zoning process.

6. CROSSROADS OF NAZARETH, LLC DISCUSSION

INFORMATION

The applicant is proposing new access to the site. The Board needs to approve/disapprove the revision to the site plan.

DISCUSSION

Jensen said this was before the Board approximately one year ago. Jensen said at that time the Board expressed they preferred access to and from the site off of Nightingale Road. Jensen said the applicant was unable to come to an agreement with the property owner of Nightingale Road. Jensen said Penndot said they wanted a full access with turning lane on Route 248. Colver asked if the township engineer reviewed it. Dillman said they reviewed the Penndot application.

Dr. Salib, Attorney Boell, and Engineer Larry Turoscy were present. Turoscy said they have been working with Penndot and Penndot prefers we do not have right-in and right-out on Route 248 but have full access with road widening. Turoscy said the road improvements are going to cost Dr. Salib $230,000. Turoscy said they now have the permit from Penndot and he reviewed the plan with the Board showing the paving and widening of the roadway. Turoscy said we are here to show you the final outcome with Penndot and to ask how this gets incorporated in the plan. Dillman said they will need to revise the signed plan to show these changes. Boell said the township has been providing extensions to the plan until this issue was resolved. Dillman reviewed the township plan and noted what needed to be modified on the plan. Colver said the township staff and this Board were concerned about safety getting in and out of the property. Dillman said back on February 4, 2008 we issued a letter regarding comments and he is assuming that Mr. Turoscy will comply with the comments. Boell said they didn’t have a problem with any comments in the engineer’s letter. Boell said conditions five and six in the initial engineer letter relate to the initial design of the roadway. Five was related to the right-in and right-out, and six relates to the contingency regarding Nightingale Road access. Boell said previously the applicant offered and the Board accepted an $88,000 voluntary traffic contribution but now that the applicant will be making $230,408.04 in road improvements we would ask to amend that condition. Colver said in the past when there is some substantial road work involved we will not accept a voluntary traffic contribution. Jensen said Supervisor Lammi was curious to know if any further communication was conducted with the owner of Nightingale Road since the applicant has the dollar amount associated with the improvements on Route 248. Boell said there was communication and Strausser received copies of the plan on September 14, 2007. Boell said the developer invited them to negotiate and they did not express interest. Colver said he believes the changes on Route 248 are positive changes. Bruno asked the township engineer if the plan needs to come back to this Board after the changes are made to the plan. Dillman said he did not think so.

On motion by Panella, seconded by Mitchell, and agreed by all, the Board approved modifying the Crossroads of Nazareth’s prior approval conditioned upon them submitting a revised land development plan that incorporates the changes prompted by the Penndot Highway Occupancy Permit as indicated tonight. Modifications should be made to items #5 and #6 of the decision letter be modified to reflect the new access off of Route 248. The Board further approves the Developer’s withdrawal of the prior offer of a voluntary traffic contribution in light of the increased costs expected to be incurred by the developer.

7. CHEERLEADING SCHOOL ESCROW RELEASE

INFORMATION

The Board needs to approve/disapprove the escrow release.

DISCUSSION

On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved cheerleading school escrow release #1 in the amount of $87,142.00.

8. TENDERCARE PEDIATRICS CONDITIONAL USE DECISION LETTER

INFORMATION

The Board needs to approve/disapprove the decision letter.

DISCUSSION

On motion by Smith, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the Tendercare Pediatrics conditional use decision letter as presented by the solicitor.

9. TOWNSHIP ENGINEER CAPITAL PROJECTS UPDATE

INFORMATION

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

DISCUSSION

Dillman said they are plugging away on the Greenwood Avenue extension project. Dillman said there are a few things they are continuing to work with the solicitor on, regarding getting land acquisitions in order to transfer rights to Penndot. Bruno said all small pieces are acquired and we have identified the specific lean holders that need to release the properties. Bruno said we are working on securing those.

10. PUBLIC COMMENT

Gil Greene, 32 Edinburgh, said he is attending because he wants to see what is happening in the township. Greene said he would like to see easels used when plans are presented to the Board because he had no idea what was going on tonight being in the back of the room. Colver said we usually have an easel when a plan is being presented. Colver said maybe in the future we should require copies for the Board and a copy for the easel for the public.

Colver noted to the residents in attendance that the proposed apparel company that some attendees are interested in will be before the Planning Commission at their March 12^th meeting.

11. REPORTS

Solicitor

· Bruno had a request from Dr. Salib for a 90-day extension in order to record a plan. On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved the 90-day extension.

· Bruno had a request from GALMIL, LLC, property owners of Schafer Place, requesting a 60-day extension to complete conditions associated with their plan approval. On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the extension request.

· Bruno had a request from Gary Strausser, Hay Terrace South, requesting an extension until June 30, 2008 in order to complete public improvements. Bruno said they posted security. On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the extension request.

· Bruno said Fox Run’s current improvement agreement will expire on February 28, 2008. Bruno said they are doing what is needed to get new security in place but this Board will not meet again before their deadline. On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the solicitor to make demand on their credit if they do not provide security in time.

· Bruno said tomorrow night is the IDI meeting in Lower Nazareth Township and a decision is expected by the Board. Bruno said he will be attending and will report back on the outcome.

· Bruno had two litigation matters for executive session.

Manager

· Anckaitis said the update of the personnel manual is moving along and we hope to finalize it in the next month or two. Anckaitis said we have met with the Davison Group and the legal firm in King of Prussia did their portion of work. Anckaitis said Brenda, Sheri, Jim Young and I have been working on the update. We each reviewed the first draft back from the law office individually and then met and compiled all of our comments and changes as a group. We will again meet with the Davison Group and the attorney’s to go over all of our comments. Anckaitis said there are two issues that we need to talk about with the Board before we go back to the attorney’s office. Anckaitis said right now there are no items for next Monday’s meeting agenda but he would like to have an executive session to find out what direction the board would like to go with these employment practices.

Planning Director

· Jensen reported that two years ago there was a gentleman from Villages of Mill Race showing run off on his property. Jensen said the engineers and township staff have come to agreement on a solution to the problem. Jensen said part of the solution will require movement of a fence on a property the township issued a fence agreement for.

· Jensen reviewed one item on the upcoming Zoning Hearing Board legal notice. Jensen said Mandy Partners is requesting a letter be issued to the Zoning Hearing Board stating that this Board agreed to entertain their zoning request. Jensen said similar to what was done with the Melhem property three years ago. Bruno said although the rezoning request was not reviewed they want the Zoning Hearing Board to consider their application for variances as if the rezoning was granted. Colver said we are generally on board with the concept but I feel it is jumping the gun. Bruno said when it was done for the Melhem property they were a lot farther along in the process and already had a plan. Colver said they either run with what they got or wait until they are farther down the road so we know what is going on.

· Jensen has one litigation item for executive session.

Public Services Director

· Adams said he had a Highway Occupancy Permit that required the Chairman’s signature for the Chrin Community Center.

Police Chief

· Chief Fretz said several years ago he had reported the Police Chief’s Association applied for grants for cameras in police vehicles in the Lehigh Valley and it had fallen through. Fretz said they have petitioned again for another grant and this time it looks good that the group may get a little over $1 million for the cameras that will be divided between all departments.

Supervisors

· Smith said there were meetings with the Athletic Association, the Recreation Board, and Jill from the community center. Smith said they went over a few items that we would like to see. For instance, grants for trees at the center and also for outside playground equipment.

· Colver said at the fire department meeting last night the Relief Association said they would be purchasing all new air packs for the firemen. 30 air packs at $5,000 each = $150,000. Colver said that is a huge expense that the Relief Association is picking up.

· Colver had one personnel item for executive session.

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

Respectfully submitted,

Robert G. Anckaitis

Township Manager