PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

APRIL 21, 2008

A general business meeting of the Palmer Township Board of Supervisors was held on Monday, April 21, 2008 at 7:00 p.m. in the Community Room of the Palmer Library with four Supervisors in attendance. Robert Smith was absent. Also in attendance were the Director of Public Services, Police Chief, Township Solicitor, and Attorney Christy Schlottman. The Township Manager was absent. Colver convened the meeting and led those present in the Pledge to the Flag.

2. APPROVAL OF DISBURSEMENT OF FUNDS – APRIL 21, 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 21, 2008.

3. APPROVAL OF MINUTES – APRIL 7, 2008

DISCUSSION

Bruno added to the first paragraph, last sentence under item number five, on page two, “to submit for zoning approval”; and under his solicitor’s report, first bullet, sixth sentence, he added, “for getting the transcript”; and the seventh sentence he changed to read: “The court would schedule an argument after written briefs have been submitted”.

On motion by Panella, seconded by Lammi, and agreed by all, the Board voted to approve the minutes of April 7, 2008, with the above changes.

4. AGREEMENT TO SHUT-OFF WATER SERVICE

INFORMATION

The Board needs to approve/disapprove the agreement to shut-off water service.

DISCUSSION

Attorney Schlottman said this relates to residents who are delinquent in payments and replaces the 1987 current agreement. Schlottman said the rate has not changed, there are just clearer terms. Lammi asked Schlottman to confirm an item in the agreement related to the township recouping money that the township has to spend. Colver said he is okay with approving the agreement conditioned upon Schlottman confirming the item Supervisor Lammi questioned with Paul Hosking.

On motion by Lammi, seconded by Panella, and agreed by all, the Board approved the Water Service Shut-off Agreement subject to the solicitor finding out if there is a procedure in place to recoup funds spent by the township.

5. PALMER NORTH INDUSTRIAL PROJECT PLANNING MODULE POSTCARD EXEMPTION

INFORMATION

The Board needs to approve/disapprove the planning module postcard exemption.

DISCUSSION

On motion by Lammi, seconded by Mitchell, and agreed by all, the Board approved the planning module postcard exemption for Palmer North Industrial.

6. STOCKERTOWN BRIDGE DISCUSSION

INFORMATION

Township representatives will be attending a meeting with Penndot representatives on April 22 regarding the status of the Stockertown Bridge. The Board will discuss ideas and/or concerns regarding the future actions taken in this area.

DISCUSSION

Colver said Bob Lammi, Tom Adams, Bob Anckaitis and I will be attending a meeting at Penndot as well as representatives from Tatamy and Stockertown tomorrow to discuss the Stockertown Bridge. Colver said Penndot wants to know the municipalities’ opinions on whether or not the bridge should be replaced. Colver said Stockertown has said they do not want it replaced. Lammi said he emailed Linda Iudicello to ask what the neighbors wanted to see happen. Lammi said she said she polled half of the people in the area and they love it without the traffic going through. Lammi said she did say they would like to see a walking bridge. Colver said his opinion is he cannot see Penndot spending a lot of money on a bridge in the sinkhole prone area. Colver said he would rather see that money put toward the interchange. Colver said we can not go there binding the township in any way, but we want to let them know it is not a high priority in our pecking order, but we will ask them about the future interchange. Adams said Penndot does have a traffic improvement plan that has $2.7 million set aside for that bridge project. Adams said the Tatamy Bridge over the Bushkill is in poor shape and if repairs are needed there, the detour would come our way. Adams said also during the flooding there were three areas in the north end of the township where roads were closed due to the Schoeneck Creek flooding, which makes it a problem to get around in the north end. Lammi said the new bridge Strausser is putting in on Van Buren Road should help the flooding situation and road access during a flood. The Board agreed with the concepts that were discussed tonight.

7. PUBLIC COMMENT

Bonita Jodes, 12 Brentwood Avenue, thanked the Board and the Environmental Steering Committee for all the help with the IDI project. Jodes asked for an update on the project. Bruno said the decision has been challenged by the applicant. Bruno said it will require review of written transcripts. Bruno said the developer will not be able to move forward with their project with a decision pending. Bruno said people who were represented by counsel will have a right to request to be involved in the process. They have a right to submit their own legal argument to the court. Jodes said she heard Porsche was going in there but wondered if anyone knew if that was true. Bruno said we can only report what has been official within our municipality. Bruno said a judge will be assigned to hear the case but he will review prior hearings and no new testimony will be heard.

Jodes asked who has jurisdiction of the traffic light at Route 248 and Northwood Avenue. Jodes said you cannot make a left turn when heading east on Northwood and trying to turn left onto Route 248 north. Adams said there is a proposal for a left turn lane with a left turn arrow for that intersection. Jodes thanked the Board for the bike path along the Bushkill Creek and said it is very nice.

8. REPORTS

Manager

· Colver reported on Anckaitis’ behalf since he was absent. Colver said the township manager hired Dan McKinney as director of the community center. Colver said they are finalizing his start date and his salary will be the same as the previous directors.

· Colver said the township received a dividend check from the Lehigh Valley Insurance Cooperative in the amount of $14,116. Colver said another check for approximately $4,700 will come later in the year.

Solicitor

· Bruno had the Verus decision letter for the conditional use application for the Boards approval. On motion by Lammi, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the conditional use letter.

· Bruno had a pre-security construction agreement for the Verus project. Bruno said prior to recording of the plans this will allow the developer to do work on-site at their own risk. Bruno said the developer will be required to post the desired escrows. Bruno said they are currently in the process of getting the cost estimates approved by the township engineer. Colver asked what about making sure inspections are completed with Northampton County Conservation. Elkins Wetherill, Sr. Vice President for Verus Partners said they cannot start until they get approval from the county. Wetherill said they have to prove to the county there is no change in the flood plan. Bruno said Pidcock has given the green light for this project. Colver said we have done this before and he was okay with it as long as the township is protected. Bruno said the agreement requires $15,000 be posted to cover inspections by Pidcock. Wetherill said in the next several weeks the improvements agreement will be reviewed by the two attorneys. Wetherill said at a prior meeting there was a discussion regarding the traffic signal. Wetherill said if Penndot approves the traffic signal we will have to install the light. Wetherill said if Penndot does not approve the light the township would be able to use the money set in escrow as needed for traffic improvements. Colver said he believes with the other proposed new projects in the area it will warrant a traffic light. Wetherill said we want to get going with all the improvements and the conduits will be put in for the traffic light. Lammi asked if this was discussed during the land development approval. Bruno said no. Bruno recommended the Board get comments from their engineer on this and discuss it at the Board of Supervisors planning meeting next week. Lammi said when we meet with Penndot tomorrow we should make a pitch for this area too. Bruno said the work is shown on the plan. Wetherill said Attorney Davis asked him to put together a map of other projects in the area for Attorney Bruno. Wetherill gave Bruno the documents. Bruno said getting back to the pre-security construction agreement, it only allows for earth moving and does not include any building permits. Lammi made a motion to authorize the Chairman to sign the pre-security construction agreement, the motion was seconded by Mitchell, and agreed by all.

· Bruno had an ordinance amending the subdivision and land development ordinance to establish procedures for establishing, releasing and updating improvements security. Bruno said he is asking for permission to advertise the ordinance for a future public hearing after review by the Lehigh Valley Planning Commission and the township planning commission. On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the solicitor to advertise the ordinance.

· Bruno had an ordinance amending the building code ordinance to require submission of an individual lot grading plan in conjunction with applications involving proposed construction of any new principal residential structure and any non-residential structure. Colver questioned “G” where it would state a designated fee. Lammi said fees can be different by resolution and not always a set fee. Bruno said he will not advertise until the appropriate fee structure is listed in the ordinance. On motion by Lammi, seconded by Panella, and agreed by all, the Board authorized the solicitor to advertise the ordinance.

· Bruno had an ordinance amending the subdivision and land development ordinance to incorporate standard construction documents as the standards for any required improvement in the township. On motion by Lammi, seconded by Mitchell, and agreed by all, the Board authorized the solicitor to advertise the ordinance.

· Bruno said at the last meeting we discussed the possibility of continuing our involvement in the IDI matter. Bruno said the Board asked for an estimate of costs for participating and he estimates the cost to be between $5,000 and $7,000 for the legal work. Bruno said it would also require us getting copies of the transcripts and that would be an additional fee. Bruno said he would hope to be able to set up sharing of transcripts with Lower Nazareth and Attorney Ferretti so the cost could be split. Lammi said last week he said he was in favor with us getting involved depending on the costs associated with the process. Lammi said he still feels we should authorize the solicitor to participate in the process. Colver said we knew we wanted to remain involved but we did not know if it would be $5,000 or $50,000. Colver said for all we have been through so far, he feels the cost is realistic and we should continue to be active in the process. Mitchell and Panella agreed. On motion by Lammi, seconded by Mitchell, and agreed by all, the Board authorized the solicitor’s office to participate in the IDI appeal process.

· Bruno had one litigation item for executive session.

Public Services Director

· Adams said at Fire Station #1 the west end has sustained some water damage and the repair estimate is $4,000. Adams said the estimate is from M.H. Plastering Company. Adams said there are horizontal cracks and golf ball holes that need repair. Colver said he doesn’t think we have any choice but to do the repair since water is getting in. Colver asked if there is building and grounds money in the budget you can use. Adams said there is some miscellaneous repair money in the budget we could use. The Board agreed to use those funds.

Police Chief

· Fretz said as you know Lt. Young is retiring at the end of the month. Fretz said he, with approval of the township manager, has offered the position to Tom Trinchere and he accepted and will begin his new position May 1, 2008.

· Fretz had one personnel item for executive session.

Supervisors

· Lammi said the resolution for the new electronic sign for the five point’s intersection was passed at the last meeting. Lammi said we did not discuss that we should waive the permit fees for the sign too, since it is a township sign. Lammi made a motion to waive the construction permit fees for the construction of the new electronic sign. Mitchell seconded the motion, and it was approved by all.

· Colver had one real estate item for executive session.

On motion by Panella, seconded by Mitchell, and agreed by all, the meeting was adjourned at 8:15 p.m. with one litigation, one personnel, and one real estate item for executive session.

Respectfully submitted,

Robert G. Anckaitis

Township Manager