PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

FEBRUARY 24, 2009

 

      A general business meeting of the Palmer Township Board of Supervisors was held on Tuesday, February 24, 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 Township Manager, Director of Public Services, Planning Director, Police Chief, Township Solicitor and Attorney Christy Schlottman.  Colin McEvoy from the Express Times represented the news media.  Colver convened the meeting and led those present in the Pledge to the Flag. 

 

      Colver reported an executive session was held prior to tonight’s meeting to discuss a litigation matter.  No action was taken nor does any action need to be taken tonight.

 

2.   APPROVAL OF DISBURSEMENT OF FUNDS – FEBRUARY 24, 2009

 

      INFORMATION

 

      The report will be provided at the meeting.

 

      DISCUSSION

 

      On motion by Mitchell, seconded by Smith, and agreed by all, the Board approved the disbursement of funds for February 24, 2009.

 

3.   APPROVAL OF MINUTES – FEBRUARY 16, 2009

 

      DISCUSSION

 

      On motion by Smith, seconded by Panella, and agreed by all, the Board voted to approve the minutes of February 16, 2009. 

     

4.   THOMAS A. BUCHNER SITE PLAN REVIEW

 

      INFORMATION       

 

      The Board needs to approve/disapprove the site plan.

 

      DISCUSSION

 

      Bruno said this is a site plan review and it was reviewed by the Planning Commission and they unanimously recommended approval.  Bruno said the project proposes a 2,100+ square foot addition to the existing two-story building on a .71+ acre lot located at the northeast corner of the intersection of William Penn Highway and Berkeley Street.  Bruno noted the Board will be considering tonight whether to make a recommendation to the zoning officer for approval of the site plan and by providing advisory comments on the plan.        

 

Don Frederickson, project engineer, and Tom Buchner, owner of the insurance company on William Penn Highway, were in attendance.  Frederickson said we appeared before this Board about five years ago when Mr. Buchner went into business and now he is ready to expand.  Frederickson said regarding the parking lot expansion we will be going to the zoning hearing board asking for a special exception to defer the construction of six parking spaces since Mr. Buchner believes they will need less parking than required by the township zoning ordinance.  Frederickson also reviewed three waiver requests and a deferral as noted in Attorney Schlottman’s letter dated February 18, 2009.  Colver asked if any additional site lighting was proposed.  Frederickson said there are two lights being proposed.  Colver asked the township engineer if there were any outstanding issues.  Dillman asked Frederickson if they were going to ask for a deferral on lighting the back of the parking lot.  Dillman said this Board can not waive that since it is a zoning issue.  Bruno said he would suggest the applicant amend their zoning request to include lighting as well as parking.

 

      On motion by Smith, seconded by Panella, and agreed by all, the Board recommended that the zoning officer approve the site plan and granted waivers for:  SALDO §165.59.D(3) regarding right-of-way arc with a radius of 40 feet for a minor arterial street, SALDO § 165.59.M regarding a minor arterial right-of-way width of 80 feet, SALDO § 165.67.B regarding a 300-foot driveway offset from the intersection in a nonresidential or mixed development, as well as grant a deferral from  the SALDO § 165.69 regarding installation of concrete sidewalk and driveway aprons.  The Board further recommended that any approval of the site plan granted by the Zoning Officer be conditioned on the applicant fulfilling the comments in the township engineer letter dated February 6, 2009, fulfill departmental comments dated February 5, 2009, and the applicant pay a recreation fee based on the current project area of .21 acres x $3,000 for a total of $600. 

 

5.      REZONING REQUEST OF BROOKSIDE COMMERCIAL CONSTRUCTION COMPANY, INC.

 

      INFORMATION       

 

      The Board needs to approve/disapprove Brookside Commercial Construction Company’s request to entertain their rezoning request.

 

      DISCUSSION

 

      David Bray, project coordinator for Jenna Engineering, represented Brookside Commercial Construction Company. 

 

      Bruno said this is a request for rezoning a parcel on Charlotte Avenue, Charlotte Development LLP had previously submitted a plan.  Bruno said they are looking for rezoning from LI to HDR.  Bruno said they are looking to see if this Board is willing to entertain their request.  Bruno asked if Charlotte Development LLP has sold to Brookside.  Bray said they are under agreement now.  Bruno noted to the Board that in prior practice the Board would ask to establish an escrow account and have the land development plan run concurrent with the rezoning request. 

 

      Colver asked about the different zoning on each side of the property.  Bray reviewed the plan with the Board.  Mitchell asked what was being proposed.  Bray said apartments.  Colver said we do not need to get into detail tonight, planning will do that but Colver asked for confirmation on setbacks.  Colver said personally he is not against the concept of the apartments but the parking and lay out will need to be hashed out in the planning process.  Mitchell said if Acopian would ever want to expand the apartments would be right up against that business.  Dillman said that will be one of the issues that will need to be discussed. 

 

      On motion by Smith, seconded by Mitchell, and agreed by all, the Board agreed to entertain the rezoning request of Brookside Commercial Construction Company conditioned upon an escrow being set up in the amount of $5,000, and conditioned upon the land development plan running concurrent with the rezoning request.

     

6.      PENNDOT SHARED USE CROSSING AGREEMENT

 

      INFORMATION       

 

      This agreement has been reviewed by the solicitor’s office.  The Board needs to authorize the Chairman to sign the agreement.

 

      DISCUSSION

 

      Bruno said this agreement is now required in many municipalities as it relates to a bike path crossing Penndot right-of-way.  Bruno said this could affect different locations in Palmer Township.

 

      Mitchell made a motion, it was seconded by Panella, that the Board authorize the Chairman to sign the agreement. 

 

      Cheryl Nielsen, 3823 Freemansburg Avenue, asked what it means to share the right-of-way.  Nielsen asked if it exposed the township to additional liability.  Bruno said the township’s liability is anywhere on the bike path and this is not taking on any additional liability than we don’t already have.

 

      Mark L. Hammerstone, 2849 Green Pond Road, asked where it applies in the township.  Public Services Director Adams said there are two locations, Northwood Avenue at Penn Pump Park and Bushkill Park Drive in Forks Township where Palmer has the bike path.

 

      The motion was voted on and approved by all.

 

7.   SUMMER RECREATION PROGRAM DISCUSSION

 

      INFORMATION

 

      Representatives from the Recreation Board would like to discuss changes to the summer recreation program.

 

      DISCUSSION

 

      Supervisor Smith said when discussing the summer program at the last Recreation Board meeting they asked Cheryl Nielsen to attend our meeting tonight to talk to the Board about the Recreation Board’s concerns about the program.  Cheryl Nielsen said at the budget meeting she attended in October with Bob Anckaitis he told her about the budget shortfall but we still kept playground in the budget.  Nielsen said in December we received an email about curtailing the program in order to cut expenses.  Nielsen said the Recreation Board recommended we cut the program to six weeks instead of eight and cut one playground instructor.  Nielsen said then I attended a meeting with Bob Anckaitis where we discussed charging about $150 per child to attend the program.  Nielsen said it got changed at some point to $35 per child.  Nielsen said we felt $35 was fair to keep the charge in line with what the Athletic Association charges.  Nielsen said last year we had 156 register for the program.  The 30 previously discussed was probably the average that attended a park each day.  Nielsen said we ask that the program not be dismantled if we do not have 50 kids sign-up this year.  Nielsen said it is already in the budget for this year to pay for all the supplies.  Nielsen said maybe there would also be a way to offer scholarships to families that could not afford the fee.  Nielsen said she has been involved since the 60’s with the playground program.  Colver said there was a misunderstanding initially about the 30 kids.  Colver said the deadline was set because we needed to know how many instructors to hire.  Colver said at the last meeting he mentioned it was budgeted so why cancel it now.  Smith said a big concern was if we do not get the registration amount by April we would cancel the program.  Smith said people do not register that early.  Colver suggested the Recreation Board consider making changes to next year’s program and running it from 9 a.m. to 4 p.m. and not break for lunch.  Smith said for this year we would suggest letting it run no matter how many register and work on changes with the community center for next year.  Nielsen said we would like to see the Athletic Association and Recreation Board all work together with the community center.  Colver confirmed the Board agreed we will have the program this year whether we have 50 kids or not with no sign up requirement of April 15th, and asked Nielsen to work on changes to the program for next year.    

 

      Nielsen said some times decisions are made on recreational items that the Recreation Board does not find out about until after the fact.  Nielsen said the board would like to get involved prior to decisions being made.  Nielsen said we understand we are a recommending Board and we just want to know what is going on.  Colver thanked Nielsen for attending the meeting tonight.

 

8.   TOWNSHIP AUDITOR 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 township auditor resolution. 

                             

9.      STREET LIGHT RESOLUTION

 

      INFORMATION       

     

      Resolution is to power 12 street lights in the Fox Run Estates development.  The Board needs to approve/disapprove the street light resolution.

 

      DISCUSSION

 

      Colver asked how we can get these lights on faster.  Dillman said Met-Ed will only deal with the township, not a developer, and in order for them to power them up the township needs to take ownership.  Colver said it takes three years to get street lights on in a new development.  Colver said lets put our heads together during the land development process and see if we can’t come up with a way to get these lights on earlier.  Dillman said street signs need to be put up once the first course is on the roads, perhaps we could add street lights too.   Dillman said the township needs to be prepared to start paying the bill for the lighting earlier too.  Colver said yes the residents are paying taxes so why not.  Bruno said they will look at it and perhaps amend improvements agreements to get dedication of the lights sooner than later. 

 

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

 

10.  TOWNSHIP ENGINEER CAPITAL PROJECTS UPDATE

 

      INFORMATION       

     

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

 

      DISCUSSION

 

      Dillman distributed his monthly project list to the Board.  Dillman said there has been some progress made related to the tree removal for the Greenwood Avenue project and Met Ed is moving forward with pole relocations.  Dillman said his office just received comments from Penndot on HOP plans today.  Dillman noted the driveway issue where Penndot is asking for driveway HOP’s from 17 property owners, we have 14 in hand with the 15th and 16th promised.  Dillman said construction pricing is down so there is an advantage to going out for bid rapidly.  Bruno’s office is continuing with the right-of-way plans with Penndot.  Dillman said he wants to bid and be under construction in late spring or early summer. 

 

      Dillman said his office filed an H20 grant application for the Highland Park storm water management project.  Dillman said it is estimated we could receive 1.2 million as reimbursement to the township. 

 

      Colver said funds are budgeted for the improvements needed at the westerly end of the community center property and it should get under way around April or May.  Dillman said the NPDES permit expires mid to late July so that work needs to get underway prior to that deadline.  Dillman said the work can continue after that expiration date as long as it was started prior to the deadline.  Dillman said we are pursuing an extension to the permit but it will include new requirements for storm water runoff. 

 

11. PUBLIC COMMENT

 

      Bill Dengler, 138 Glenmoor Circle, said the January 5th Board meeting minutes regarding Strausser and the Weston Life Care Center talks about a special exception and them having to go to zoning before moving on to planning.  Dengler said they are on the March zoning agenda and nothing has been on the planning agenda since last November.  Dengler asked how the process works.  Dengler said the plan he sees before the Zoning Board now is the same footprint building but is asking for 2/3 less parking spaces than originally called for.  Bruno said there is a conditional use application and a land development application for the Weston Life Care Center.  Bruno said this township likes to consider both applications concurrently.  Bruno said with their plan there are issues that need to be ironed out before they can come to planning and this Board.  There are requirements that the Zoning Hearing Board would need to give them.  Bruno said their land development plan and conditional use process has been on hold until the zoning items are addressed.  Bruno said they can continue to give the township extensions of time to allow them to get through the zoning process.  Dengler asked how the Zoning Hearing Board can hear them without all the information.  Colver said during their testimony to the Zoning Hearing Board they will be asked questions that will need to be answered for the board to make a decision. 

 

      John Halligan, 12 Canterbury Lane, asked how the Zoning Hearing Board can make a determination of parking in a flood plain.  You said in order to justify the parking they will give details of a building.  Dillman said zoning will discuss whether the number of spaces are sufficient for the proposed use.  Dillman said you would expect the use of the building would be reduced to reflect the elimination of some parking.  Halligan said my second question is, are they willing to grant special exception to allow any parking in a flood plain.  Dillman said it will depend on how deep the water could get in the flood plane.  Dillman said he believes it would be a couple of feet of water not inches.  Halligan asked if there will be consideration whether it is permanent parking or temporary parking.  Halligan again asked, how zoning can make a decision when they don’t know the use of the building.  Halligan asked if it is possible that they go in and present parking for 38 spaces and state 15 will not always be filled, then the program moves forward and they need more spaces, can they use it as leverage for the rest of the spaces.  Bruno said no precedent is set, additional parking would have to go back to the Zoning Hearing Board.  Halligan stated his concern for items that are discussed during the meeting reports and not knowing it would be discussed since it was not an agenda item.  Bruno said he does not publicize his report prior to the meeting, Halligan said his problem is this plan gets changed at every meeting. 

 

      Gil Greene, 32 Edinburgh, asked if the Zoning Hearing Board has latitude to consider storm water management issues that would exasperate parking in a flood plane.  Bruno said this is a special exception application so the Zoning Hearing Board has to consider if there is any detriment to the public health, welfare and safety to anyone. 

 

      Dengler asked if the Zoning Hearing Board is an independent entity that this Board does not review or approve.  Bruno said the Zoning Hearing Board reviews variances, special exceptions, questions regarding interpretation.  Bruno said members are appointed by this Board to serve in that capacity.  Bruno said if this Board has a legitimate concern it can appoint me or the zoning officer to attend and be heard on their behalf.

 

12. REPORTS

 

      Solicitor

·        Bruno had a letter dated February 19, 2009 from the Highlands of Glenmoor related to a housekeeping issue.  Bruno said the original letter of credit for the development was misplaced and they have replaced it and are asking us to rely on the new letter.  Bruno noted it was not lost by township staff.  Panella made a motion to authorize the Chairman to sign the affidavit acknowledging the lost letter of credit.  Smith seconded the motion.  Gil Green, 32 Edinburgh, asked if there were any changes made to the amounts.  Bruno said no.  The motion passed and was agreed by all.

·        Bruno said the Prologis development needs an extension of time to complete public improvements and they are asking until June 20, 2009.  Bruno noted the security has been provided until July 31, 2009.  Mitchell made a motion to authorize the Chairman to sign the extension request, Panella seconded the motion.  Gil Greene, 32 Edinburg, asked if anyone knows any more on the opening of Hollo Road.  Colver said the township had another meeting with lower Nazareth.  Lower Nazareth wants to know who will cover costs for future intersection improvements.  Colver said the engineers are working together on coming up with an agreement.  Colver said Lower Nazareth has refused to open the intersection until this is finalized.  The motion was voted on and agreed by all.

·        Bruno had a land development improvements agreement for Milford Plaza and stated they posted security.  On motion by Panella, seconded by Smith, and agreed by all the Board authorized the Chairman to sign the agreement. 

·        Bruno said related to the development being done in Lower Nazareth, where the Target is being built by developer Regency, there are improvements at the intersection of Northwood Avenue and Rt. 248 that need to be done.  The developer is responsible for completing the necessary improvements and has posted security with Penndot.  Additional security will be posted with the township.  The developer will also be responsible for the maintenance of improvements and will pay the township the cost of maintaining them including certain storm water facility improvements.  This obligation will run with the land if the property gets transferred.  On motion by Smith, seconded by Panella, and agreed by all, the board authorized the Chairman to sign the improvements agreement.  On motion by Smith, seconded by Panella, and agreed by all, the Board made a motion to authorize the Chairman to sign the maintenance agreement.

·        Bruno read a letter he received from Attorney Cohen on behalf of Easton Hospital related to the Coleman property at Northwood Avenue and Rt. 248.  Bruno said the deed of dedication that Attorney Cohen prepared, to obtain a portion of right of way in conjunction with the construction of improvements, had a six month limitation with an additional six month extension.  During this time, the developer was awaiting approval of the plans and improvements from Penndot.  After the expiration of the agreement, the ROW reverted back to the homeowner.  The developer had paid the Colemans a certain amount of money for the right of way.  Its approximately 1740 square feet frontage of property.  Attorney Cohen indicates in his letter that the property owner is unwilling to further provide them with the right of way.  Bruno said they are asking the township to consider condemnation proceedings.  Bruno would not recommend the township get involved in condemnation proceeding unless the developer was on the hook for all the costs.  The developer is asking for assistance to help move the Coleman’s along in the process.  Colver said this Board would be willing to pursue that avenue if necessary, and if and when the developer attempts to again obtain the ROW from the property owner with the idea that the Board would pursue condemnation proceedings.

 

      Manager

·        Anckaitis said there are changes to the federal COBRA law that will require employers to cover 65% of cobra premiums for involuntarily terminated employees terminated between September 1, 2008 and December 31, 2009.  This means the employee only has to pay 35% and the employer will have to pay the other 65%. 

 

      Public Services Director

·        Adams reported the tree removal contract along Greenwood Avenue is completed.

·        Adams distributed a memo to the Board regarding the HVAC preventative maintenance contract that expired in mid February with his recommendation to grant the new contract to Landmark Mechanical for the Charles Chrin Community Center and to CHE Mechanical for Fire Stations #1 and #2, library, municipal building and police station.  On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved entering into a maintenance agreement with CHE Mechanical for Fire Stations #1 and #2, library, municipal building and police station, and with Landmark Mechanical for the Charles Chrin Community Center.   

 

      Planning Director

·        Carman said it is an honor to be working for the township and thanked the staff for their patience in orienting her to the township.  Carman said Brian Dillman and Attorney Bruno have been a great help so far and she looks forward to working with everyone.

 

      Police Chief     

·        Fretz asked for the Board’s approval for the annual Officer Phil program where the police department works with the kids at Tracy and Palmer Elementary Schools regarding crime prevention and safety.  On motion by Smith, seconded by Panella, and agreed by all, the Board approved the Officer Phil program for 2009.

·        Fretz said the department is gearing up for the summer Camp Cadet program.  Fretz said this year we are asking for a $10 application fee that will be refunded if a child finishes the week long program.

 

      Supervisors

·        Smith thanked the Board of Supervisors for hearing Cheryl Nielsen from the Recreation Board tonight and for reevaluating the summer program.

·        Colver said at our last meeting we discussed LED billboards in the township and being able to convert existing signs from regular to colored electronic boards.  Colver said at that meeting we approved having our solicitor draft changes to our existing ordinance to possibly allow for these billboards.  Colver said after the meeting he had a discussion with Bob Lammi about the issue and decided to bring the subject back to the Board to consider passing a motion to rescind the prior motion.  Colver said a lot of the billboards in the township are in residential areas and he feels the lighting would be an issue.  Smith said after reviewing the existing ordinance he feels it is good as is.   Mitchell said he does not think we should be adding any additional billboards in the township.  Smith made a motion to rescind the decision at the February 16th meeting to have the solicitor draft changes to the ordinance related to LED/electronic billboards.  The motion was seconded by Mitchell.  Gil Greene, 32 Edinburgh, thanked the Board for their reconsideration and said he believes it is in the best interest of the community.  Mark Hammerstone, 1849 Green Pond Road, said those signs are a terrible distraction to drivers and he believes they are a traffic hazard.  Hammerstone said he feels the township has done a good job on limiting billboards.  Anckaitis said he compliments the Board on reversing their decisions after further thought.  Anckaitis said he considers that a good thing and he believes this township has five good elected officials who are not afraid to reverse a decision if it is in the best interest of the township.

·        Colver said last night we added another new member to the fire department and another inactive member was reinstated.  Colver said next month we anticipate two more will be added.  Colver said an invitation will be going out from the Fire Department for their annual banquet which will be held on May 23, from 6 p.m. to 11 p.m.  This year it will be held at the Hampton Inn.

·        Colver had one real estate for executive session

 

      On motion by Smith, seconded by Panella, and agreed by all, the meeting was adjourned at 8:45 p.m. with one real estate item for executive session.

 

Respectfully submitted,

 

 

Robert G. Anckaitis

Township Manager