PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

FEBRUARY 16, 2009

A general business meeting of the Palmer Township Board of Supervisors was held on Monday, February 16, 2009 at 7:00 p.m. in the Community Room of the Palmer Library with four Supervisors in attendance. Supervisor Lammi was absent. Also in attendance were the Director of Public Services, Interim Planning Director, Police Lieutenant, 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 – FEBRUARY 2, 2009 AND FEBRUARY 16, 2009

INFORMATION

The report will be provided at the meeting.

DISCUSSION

On motion by Panella, seconded by Smith, and agreed by all, the Board approved the disbursement of funds for February 2, 2009.

On motion by Mitchell, seconded by Panella, and agreed by all, the board approved the disbursement of funds for February 16, 2009.

3. APPROVAL OF MINUTES – JANUARY 27, 2009 AND FEBRUARY 9, 2009

DISCUSSION

On motion by Smith, seconded by Mitchell, and agreed by all, the Board voted to approve the minutes of January 27, 2009.

On motion by Panella, seconded by Mitchell, and agreed by all, the Board voted to approve the minutes of February 9, 2009.

4. DISCUSSION REGARDING ZONING AMENDMENT CHANGES PERTAINING TO LED/ELECTRONIC SIGNS

INFORMATION

Attorney Bruno will discuss a proposed zoning amendment pertaining to LED/electronic signs. The Board needs to approve/disapprove making changes to the ordinance.

DISCUSSION

Bruno said this issue has been discussed because no LED billboards are permitted in the current township ordinance. Bruno noted as you see them appear throughout the Lehigh Valley it is our recommendation to consider some areas that would allow these types of signs and remove the prohibition that is currently in the ordinance. Colver said with a few miles of Route 22 in the township it may be something to consider. Colver said his thought would be to allow them on highways like Route 22 but he does not see them appearing on roads like Freemansburg Avenue. Mitchell said as long as it would be replacing current signs and not allowing new billboards in the township. Smith said he feels we would need to see specific language to be able to consider a change. Colver said tonight we just need to decide if it would be appropriate to possibly change the ordinance. Smith said if our ordinance allowed it, and it was controlled in some way, that might be the way to go. The Board agreed to have the solicitor put some language together to consider a change. Mitchell said he does not think we need anymore billboards in the township. Smith made a motion, it was seconded by Panella, to authorize the solicitor’s office to work with the planning and zoning departments to come up with a draft for the Boards consideration.

Gil Greene, 32 Edinburgh, said these signs project light that travels for some distance. Greene said we have had complaints from some signs in Lower Nazareth on Route 33 that are exposed to residential areas. Greene asked the Board to consider this fact in making any change.

Charlie Young, 33 Glasgow, said he spent years running an outside advertising company and would be willing to offer any assistance in making any changes.

Victor Ricci, Park Avenue Market, said he approached John Embardino about a sign at Park Avenue a few years ago. Ricci said he would be interested in putting something new on the building at the market to replace the existing sign.

The motion was voted on, and agreed by all.

5. DISCUSSION REGARDING THE PARK AVENUE RETAIL DEVELOPMENT PLAN

INFORMATION

Mr. Victor Ricci would like to have a discussion with the Board regarding his plan approval he received on December 23, 2008.

DISCUSSION

Colver said in late December Mr. Ricci received final plan approval and later he sent the township a letter stating he was not going to move forward with the plan due to additional costs. Colver said he suggested someone reach out to Mr. Ricci to make sure he knew how far along he was in the process and understood what was accomplished with the plan approval. Ricci said he signed the approval letter from Attorney Bruno’s office tonight. Solicitor Bruno explained all options available to Mr. Ricci and explained the ability to request extensions of time from the township. Mr. Ricci requested a one year extension on his plan until February 28, 2010.

Smith made a motion, it was seconded by Panella, to approve Mr. Ricci’s extension request for the Park Avenue Retail Development until February 28, 2010. Bruno confirmed with Mr. Ricci that by doing so he is revoking his prior request to withdraw his plan. Mr. Ricci agreed. The motion was voted on and agreed by all.

6. DISCUSSION REGARDING GLENMOOR AND HIGHLAND APPRAISAL PROCESS

INFORMATION

The Board needs to approve/disapprove sharing the appraisal fee for the Glenmoor and Highland’s appeal.

DISCUSSION

Bruno said there are pending tax assessment appeals before the Court of Common Pleas that the county is requesting participation from the township and school district. Bruno said the township is interested in the outcome and has said we are a participant in the proceedings. Bruno said the requesting group is required to have an appraiser do an appraisal that will be submitted to the court. Bruno said the county wants to also have an appraisal done to make sure it is consistent and asked for financial contribution for the appraisal by Palmer Township. Bruno said the appraisal is estimated to cost $5,000 to $7,500. Colver said our share at the low end would cost us $467.50 and the high end would be $701.25. Colver asked what the appeal process has been up until now. Bruno said it went to the Northampton County Appeals Board and they affirmed what the county’s position was and did not grant the appeal at that time. Bruno said a very good and thorough presentation was made by Mr. Finnen on behalf of the Glenmoor and Highlands group. Bruno said the Glenmoor and Highlands group then filed an appeal to the Court of Common Pleas.

Charlie Young, 33 Glasgow, said Attorney Bruno gave a fair review of what went on. Young said Mr. Finnen made a great presentation as Attorney Bruno stated. Young said we were turned down so the next step is the Court of Common Pleas. Young said we are getting the requested appraisals. Young said we are following a process we believe will lead us to reduced taxes. Young said we would be very happy to make the same presentation to your Board as to why we think it is not fair. Bruno said he believes the property owners realize what the townships position is on the appeal. Bruno said he would recommend the cost sharing be approved by the Board tonight.

On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved paying the township’s portion of the Glenmoor and Highland appraisal fee that will range from $467.50 to $701.25.

7. DESTRUCTION OF TOWNSHIP RECORDS RESOLUTION

INFORMATION

The Board needs to approve/disapprove the resolution.

DISCUSSION

On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the resolution.

8. DISCUSSION REGARDING VILLAGES AT MILL RACE, PHASES I, II AND III

INFORMATION

Interim Planning Director Ralph Russek will update the Board on the status of these projects.

DISCUSSION

Interim Planning Director Ralph Russek said this is all in response to Mr. Goffredo’s request of January 26, 2009. Russek reviewed his memo dated February 10, 2009. Russek said in Phase I he would recommend the Board approve the maintenance period to conclude and the letter of credit to expire March 4, 2009. Russek said this would be conditioned on the developer providing satisfactory eco-filter operations and maintenance manual and addressing the eco-filter punch list items identified in a site visit by the township. Russek said at the next Board of Supervisors meeting the Board could receive a progress report update so the letter of credit could be permitted to expire.

Russek said Phase II items have all been addressed and number nine on the agenda tonight is to release the security.

Russek said his recommendation for Phase III is that the 18-month maintenance period commence on the date of the developer’s request of January 26, 2009, conditioned upon the tot lot and open space field items and the open space paperwork items be addressed, as noted in his February 20^th memo.

On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the Phase I maintenance and security be allowed to expire effective March 4, 2009, conditioned upon an eco-filter operations and maintenance manual be provided by the developer to the satisfaction of the township staff; and concerns resulting from a township staff site inspection be addressed to the satisfaction of the township staff.

On motion by Smith, seconded by Panella, and agreed by all, the Board approved the retroactive maintenance period for Phase II effective today, conditioned upon the deeds of dedication being executed and recorded.

Bruno noted regarding Phase III he would recommend the 18-month maintenance period be retroactive to January 26, 2009. Bruno recommended this item be deferred until he prepare the necessary maintenance agreement to bring back to the Board for approval. Goffredo said they have been finished since October. Goffredo said he does not have a problem waiting for the paperwork with the date being retro to January 26, 2009. No action was taken tonight.

9. VILLAGES AT MILL RACE, PHASE II, 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 escrow release #11 for Villages at Mill Race, Phase II, in the amount of $351,923.75.

10. VILLAGES AT MILL RACE, PHASE III, 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 escrow release #3 for Villages at Mill Race, Phase III, in the amount of $22,650.80.

11. PUBLIC COMMENT

Maureen Miller, 9 Kings Avenue, said the gates are still not operational and they now have a big problem because Bob Ciccone, the developer, is not paying for the setup. Maureen said between the builder and Mr. Ciccone he is ignoring our requests to pay the fees. Colver said your last immediate issue was the garbage and getting the gate operational. Ray Miller said last time we talked about the gates and street signs. Ray said the street signs were completed. Maureen said she attended a meeting on January 28^th at the township regarding their garbage issue and we reviewed the plan at that time. Maureen said the township architect, through a telephone conference, said the plan did not show a dumpster and since it was not on the plan it implied another arrangement would be supplied. Maureen said rather than us coming to every Board meeting could we set up some special meeting to discuss this with the developer and the builder since they refuse to meet with us. Ray said we have too many things out there that still are outstanding. Colver said unfortunately the development is not near being done and he asked the solicitor what the township could do to force the developer on these items. Bruno said the township has a right to force issue regarding public improvements. Bruno said some issues you have are not public improvements and the township would not have any way to hold the developer responsible. Bruno said if it is a private improvement it would not have been secured with the township. Ray said at the last meeting they attended Mr. Lammi said the gates should not be a problem getting them operational in winter. Ray said one concern is the change in design of three buildings the builder is constructing. Russek said he looked into the building façade of existing buildings versus the proposed buildings with the township code department. Russek said the width is remaining the same but the depth is changed from 46 feet to 40 feet. Russek said the building design changes were related to minor changes in construction options. Colver said there is nothing the township can do for aesthetic changes. Bruno said your concerns may be legitimate but they may not be the townships. Bruno said a private dispute may need to be addressed between you and the developer. Maureen said the dumpster is not on the plan. Russek said related to the trash, when you look at regulations in the township ordinance it asks for a common trash area. Russek said for a townhouse development that would require a common trash collection area with a fence. Maureen said when we bought into this development the dumpster was not proposed and we were told we would have curbside pickup. Bruno said our rights of enforcement are with Mr. Ciccone and your problems seem to be more with the builder. Colver said it appears more and more that you have a private matter with the builder. Smith said at some point the gates have to be working as a safety concern. Maureen said they appreciate whatever the township can do for them.

Suzanne Baer, 201 Berks Street, said she lives on the corner where there is a handicap ramp and the snow plow pushes compacted snow onto the handicap ramp at the intersection. Baer said she is not responsible for shoveling that compacted snow. Colver asked Adams to discuss it with the public services superintendent. Adams said the past storm they could not go curb to curb on the first time through the township plowing because of the length of the storm. Adams said by the time they got back to clear the road curb to curb the snow was heavy and compacted.

12. REPORTS

Supervisors

· Colver had one real estate item for executive session.

On motion by Mitchell, seconded by Smith, and agreed by all, the meeting was adjourned at 8:00 p.m. with one real estate item for executive session.

Respectfully submitted,

Robert G. Anckaitis

Township Manager