PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

APRIL 7, 2008

A general business meeting of the Palmer Township Board of Supervisors was held on Monday, April 7, 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, Planning Director, Director of Public Services, Police Chief Fretz, Lieutenant Young, Lieutenant DeMarco, and the Township Solicitor. Colver convened the meeting and led those present in the Pledge to the Flag.

2. APPROVAL OF DISBURSEMENT OF FUNDS – APRIL 7, 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 April 7, 2008.

3. APPROVAL OF MINUTES – MARCH 25, 2008

DISCUSSION

Bruno added to the third paragraph of page three, last sentence, “in a PO/IP zoning district” and added to paragraph six, page six, “as exhibit A-19.”

On motion by Smith, seconded by Panella, and agreed by all, the Board voted to approve the minutes of March 25, 2008 with the above two changes.

4. IRON PIGS PRESENTATION

INFORMATION

A representative from the Iron Pigs organization will be at the meeting to accept an item from the township for their time capsule.

DISCUSSION

Josh Labarba from the Iron Pigs organization was present and said they were bringing the first pitch ball to every community in the Lehigh Valley. Labarba said the ball will be used in this Friday’s first home game.

Colver presented a baseball with the Palmer Township logo and signatures of players from the Palmer Athletic Association. The ball will be placed in the Iron Pigs time capsule to be opened thirty years from now.

5. BUSINESS, INDUSTRIAL, AND PROFESSIONAL SIGN RESOLUTION

INFORMATION

The Board needs to approve/disapprove the resolution.

DISCUSSION

Colver said the BIP brought this project before the Board in the past and we agreed to contribute $15,000 towards the new sign. Colver said the BIP is contributing $7,500 and the Lions Organization is contributing another $7,500. Bruno said since this is a township sign there is a regulation in the township ordinance that states the township is not required by ordinance to submit for zoning approval as long as the Board of Supervisors authorizes the use by resolution.

On motion by Lammi, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the resolution for the new electronic community information sign for the five points intersection at Northampton Street and 25^th Street.

6. DCNR GRANT RESOLUTION FOR LAST MILE OF THE BUSHKILL CREEK BIKE PATH

INFORMATION

The Board needs to approve/disapprove the resolution.

DISCUSSION

Adams said this resolution is required for us to apply for matching funds for the last mile of the bike path. Adams said the application is due by the end of this month. Colver asked for an approximate cost of the project. Adams said it is expected to cost about $400,000. Adams said DCNR will match 50% if the grant is approved. Anckaitis said Lorne Possinger from DCNR recently told us the township has a pro rata share of $300,000 to be used toward open space from Northampton County. Possinger said we could use the $120,000 from Northampton County toward our half of the last mile of the bike path.

On motion by Smith, seconded by Lammi, and agreed by all, the Board authorized the Chairman to sign the DCNR grant resolution for the completion of the last mile of the Bushkill Creek bike path.

7. HAY TERRACE SOUTH ESCROW RELEASE

INFORMATION

The Board needs to approve/disapprove the escrow release.

DISCUSSION

On motion by Lammi, seconded by Mitchell, and agreed by all, the Board approved Escrow Release #3 for Hay Terrace South in the amount of $157,716.65.

8. PUBLIC COMMENT

None

9. REPORTS

Solicitor

· Bruno said there has been an appeal filed related to the Lower Nazareth IDI decision. Bruno said he spoke with the solicitor of Lower Nazareth and they are asking if Palmer is interested in participating in the appeal process. Bruno said in order to get involved, since it is not in our township, we would need to file a petition to intervene. Bruno asked if the Board was interested in intervention. Lammi asked how it would impact us financially. Bruno said transcripts will be made of the proceedings and the appellant would be responsible for paying the cost for getting the transcript of the proceedings. Once the transcripts are completed they are submitted to the court. The court would schedule an argument after written briefs have been submitted. A decision would be made after everyone submitted their briefs. Bruno said no hearing was requested by the applicant. Lammi asked if they are also appealing the conditions we negotiated. Bruno said they are challenging all conditions imposed by Lower Nazareth. Bruno said they believe procedural mistakes were made during the process which, if proven, would justify them getting approval without any conditions. Lammi asked Bruno since he was in attendance at all the hearings if he felt everything was handled properly. Bruno said he believes Lower Nazareth will be fine procedurally. Bruno said he felt the conditions were very good and a good response to the neighbors concerns. Lammi asked if the judge could throw the whole thing out or go in and say he didn’t agree with just a couple of the conditions. Bruno said the judge could attack only certain conditions and ask to modify them. Lammi said he feels Lower Nazareth did a good job trying to protect our residents as this Board requested our solicitor and township engineer be present at all hearings to express our concerns. Bruno said we have 30 days to respond and he will put together a cost estimate for the Board to review on what he feels it will cost for the township to file a petition to intervene.

· Bruno said regarding Dr. Taverna’s litigation matters he feels there is adequate support to protect the township’s interest with the developer. Bruno said the township has spent a lot in our defense. Bruno noted our agreement with the developer allows for indemnification from costs that occurred due to the developer’s actions. Bruno said this protects the township and is something we can use when we are forced to. Bruno said he is recommending we not file a complaint yet, but we take action for writ of summons that preserves our rights with hope that the developer can pursue recovery from Dr. Taverna. On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the township solicitor filing the writ of summons.

Manager

· Anckaitis had one personnel item for executive session.

Public Services Director

· Adams said we are trying to make some improvements at the Palmer Athletic Complex and there are a couple of items we feel are needed. Adams said they are: underground electric supply to the batting cage area next to the water tower, relocation of the existing sign to include a map on the sign showing where all the different fields are located, and adding landscaping around the new sign area. Adams said the cost for the new sign would be $275, landscaping $1,600, and the electrical work $1,670. Colver asked why the landscaping cost is so high. Adams explained they would use landscaping block around the area, mulch, and new plants. Adams said there is some money in the parks budget for contracted services that some of this could come out of, and there are some funds also in the building and grounds line item for miscellaneous items. Colver asked if there was any money in the recreation fund that could be used. Colver said his concern is we have already had several of these unbudgeted items come before us and with last years budget being tight he wants to use money already included in the budget if we can. Smith explained the batting cage area and how they are currently running extension cords where people have to walk over them. Colver said he is okay with the improvements as long as we have some extra money in the budget for it. Anckaitis said he will look at the recreation fund and other funds and as long as there is money there to use, we will make the improvements.

· Adams said today we went to turn the water on in the bathrooms at the Villages at Mill Race Park and we ran into some issues. Adams said we need a backflow preventor on the water line to the bathroom, the pavilion was not grounded, and the light fixtures were not hooked up.

· Adams said in this year’s budget there was $12,000 budgeted for a new driveway at the Palmer Athletic Complex. Adams said we took a look at the area with the Road Superintendent and he laid out how far the money will take us. Adams gave the Board a drawing of the driveway. Adams said we also shifted the driveway south away from Green Pond Road. Colver asked Adams to run it by Tim Case, Superintendent of Maintenance with the school district, before any work begins so they can notify the principal of the school.

Police Chief

· Fretz said they received the booklet for the department accreditation process.

· Fretz said he added to the monthly report the flyer on the Junior Cadet program they will be offering at the community center this summer. Fretz said they are looking for 20 kids interested in attending the program. Fretz said Sue Siegfried will be running the program and other officers have volunteered their services.

Supervisors

· Smith reported that the basketball season is now over and there were three teams that made it to the playoffs with two teams winning their championships.

· Smith said he had 25 volunteers and some individuals in a work release program that helped edge all the baseball fields, remove sod, and put in new bases.

· Colver said last Thursday the circus came to town. Colver said both shows did well. Colver said it is a good circus group and we have no issues or problems with them. Colver said it made a $1,000 profit for the center. Anckaitis said we are talking with the circus organization about maybe bringing their tent circus to the facility next year. Anckaitis said that circus would be held outdoors at the center. Anckaitis said we are also considering having them come on a weekend next year if we stay with the indoor circus.

On motion by Mitchell, seconded by Panella, and agreed by all, the meeting was adjourned at 7:55 p.m. with one personnel item for executive session.

Respectfully submitted,

Robert G. Anckaitis

Township Manager