PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

MARCH 16, 2009

A general business meeting of the Palmer Township Board of Supervisors was held on Monday, March 16, 2009 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, Director of Public Services, Police Chief and Township Solicitor. Colver convened the meeting and led those present in the Pledge to the Flag.

Colver noted an executive session was held prior to this meeting to discuss two litigation items, one real estate item and one personnel matter. No action needs to be taken tonight. Colver also welcomed Supervisor Lammi back from vacation.

2. APPROVAL OF DISBURSEMENT OF FUNDS – MARCH 16, 2009

INFORMATION

The report will be provided at the meeting.

DISCUSSION

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

3. APPROVAL OF MINUTES – MARCH 2, 2009

DISCUSSION

On motion by Smith, seconded by Panella, and agreed by four, the Board voted to approve the minutes of March 2, 2009. Lammi abstained since he was absent at the meeting.

4. E.A.S.D. REQUEST FOR EASTON AREA ACADEMY CERTIFICATE OF OCCUPANCY PERMIT

INFORMATION

The Board needs to approve/disapprove the request for a permanent certificate of occupancy permit.

DISCUSSION

Henry Guarriello, D’Huy Engineering, Inc. represented the school district.

Bruno said the township received a written request from the school district requesting we issue a permanent certificate of occupancy permit for the Easton Area Academy property. Bruno said his office checked with all entities in the township to see if there were any outstanding issues. Bruno referred to a letter from ERG dated November 20, 2008 related to their environment site assessment that was addressed to George Kinney, the township planner at the time. Bruno said he understands some of these issues have not yet been addressed. Bruno said unless the Board is convinced otherwise it may be appropriate to extend the temporary certificate of occupancy at this time until the items in the letter are addressed.

Guarriello said this is a phase one environmental assessment that was never sent to the school district to be addressed. Bruno said it was part of the conditional use approval this board granted. Guarriello asked what approval is still outstanding. Guarriello said the school district did not see a copy of this letter until just a few weeks ago. Guarriello said there are no specific suggestions made in the letter. Bruno said these are ERG’s concerns not DEP’s concerns. Lammi said someone required that phase one assessment be completed. Guarriello said there is no physical environmental danger noted in the phase one assessment that would preclude the school district from getting a permanent certificate of occupancy. Guarriello said the assessment made recommendations and did not state that things needed to be done by the school district. Anckaitis said he believes something in the plan approval suggested that ERG get involved. Bruno said it was part of the conditional use process.

Guarriello said if you extend the temporary certificate of occupancy permit he asked that the township have the environmental consultant inform the school district what is expected from the school district to allow them to get the permanent certificate of occupancy permit.

Lammi made a motion to table a decision and recommended we put the item back on the agenda for next weeks meeting since the temporary certificate of occupancy permit expires the end of the month and recommended the township staff get the answers regarding the ERG assessment. The motion was seconded by Smith, and agreed by all.

5. APPOINTMENT OF SHADE TREE MEMBER

INFORMATION

The Board needs to approve/disapprove the appointment of Mary Ellen Gambutti to the township Shade Tree Commission.

DISCUSSION

On motion by Lammi, seconded by Smith, and agreed by all, the Board appointed Mary Ellen Gambutti to the Shade Tree Commission with her term to expire December 31, 2013.

6. APPOINTMENT OF ENVIRONMENTAL STEERING COMMITTEE MEMBER

INFORMATION

The Board needs to approve/disapprove the appointment of Dave Sciascia to the Environmental Steering Committee.

DISCUSSION

On motion by Lammi, seconded by Mitchell, and agreed by all, the Board appointed Dave Sciascia to the Environmental Steering Committee.

7. SURPLUS BID AWARDS

INFORMATION

Bids will be opened at 10 a.m. on Monday morning. The public services director will bring his recommendation to the meeting. The Board needs to approve/disapprove the surplus bid awards.

DISCUSSION

On motion by Panella, seconded by Mitchell, and agreed by all, the Board awarded the bids to high bidder Walters Excavating, Bethlehem, PA, as recommended by the public services director as follows: 1997 leaf loader - $1,026.00, 1998 leaf loader - $1,526.00 and 1998 pick up truck - $526.00.

8. PUBLIC COMMENT

Frank Ferraina, 1 Brentwood Avenue, said at the last meeting he attended he talked about the increase of property taxes. Ferraina said in the future he hopes the Board can find a way to cut services instead of raising taxes because he can not afford another increase. Ferraina also asked if there was a way an individual that has very little garbage could have a reduced rate or could drop out all together from township pickup. Colver said there are no reduced rates, and no, you cannot opt out of the township collection. Colver said we have a five year contract and we get these same requests from people who go to Florida for three months out of the year. Ferraina said maybe when you negotiate the next contract you can consider people like him. Lammi said the ESC is beginning to look at new options now for the next contract period.

Fahd Wehbe, 3200 Division Street, was concerned about the speed on Greenwood Avenue. Wehbe said there have been four accidents recently and a car ended up on his property. Wehbe said people are speeding from Freemansburg Avenue to William Penn Highway. Colver said we have the same issue on several roads in the township where we do not have stop signs on the roadway. Colver said typically when we crack down with police enforcement we find most people that are cited are the people that actually live in the area. Chief Fretz said they placed the speed sign on the road this week. Colver said awareness helps in educating the people about the speed. Colver said we should continue to beef up police visibility in the area.

Mario Alercia, Vermont and Greenwood Avenue, said in the last year or two the excessive speeding seems to have accelerated in the late afternoon and evening hours. Chief Fretz said there is really no good place for a patrol vehicle to sit in this area. Fretz said we can put cars in the area with VASCAR enforcement. Lammi said it is becoming more of a common problem; you see more and more people going through traffic lights too. Lammi said in some places I have seen cameras on the traffic light that would take a photo of the car going through a red light but Chief Fretz has told me that is not allowed in Pennsylvania. Alercia said the township can place the speed sign on his property anytime. Colver asked Chief Fretz to talk to the Forks Township police force about the signs they have posted on properties in the township. Alercia asked if they could change the speed to 25 mph or paint slow down on the road. Colver will have the public services director look into changing the speed limit.

Richard Milberg, 36 Edinburgh, asked how the noise ordinance affects the Majestic property since they are working weekends and two shifts now. Chief Fretz said the ordinance states unreasonable noise from 11 p.m. to 7 a.m. Lammi said he would look at the decibel requirement. Milberg said he was told the Highland Board would address the noise issue also.

Suzanne Baer, 201 Berks Street, asked if Mr. Adams was aware how the dirt settled four or five inches by the curb on her property. Baer said in the past she had conversations with the township and it was not recalled, so she was bringing these issues up at a public meeting. Baer asked if it settles again after the terracing is completed who is going to be responsible for filling it in again. Baer said she wants an answer to these issues before she signs the agreement for the terracing. Solicitor Bruno stated Mr. Adams did not have to respond with answers tonight but Ms. Baer could let us know her issues. Baer again said she wants to know who will be responsible for filling it in since it is a tripping hazard. Baer said the terracing project goes only to the second tree but the dirt is settled by the curb all the way back to the alley. Baer asked if that could be filled in when the terracing is done. Baer said since the grade of the slope is going to be increased she was concerned about the downspout run off from heavy rains causing erosion after the grass grows in and after the ugly black tube is removed. Baer asked if there was another option other than letting nature take its course because she didn’t want to have the ugly black tube back in place while waiting for grass to grow. Baer asked who was responsible to fill in by the swing set where the contractor raked the dirt back. Baer said she had brought this up several times in the past with Tom Adams and have been told that the contractor is responsible. Baer asked when the contractor would be back to fix it so she can be there. Baer said the contractor was supposed to do it last spring and all they did was throw dirt down where it settled between the original yard and the raked down area. Baer also asked when the Pachysandra would be planted. Baer said she had a fax from Tom Adams stating she didn’t need to do anything with Zoning or Codes when she puts in steps. Baer asked if she needed a building permit. Baer said she wants to cover all bases before she spends money to have the same access to her home that she had prior to the project. Colver said the items cover several different township departments and will be looked into. Baer said she would be at next Tuesday’s meeting.

9. REPORTS

Solicitor

· Bruno had an agreement between the township and Pennsylvania American Water Company for billing services for 1200 township customers that receive water from PA American Water. Bruno said these customers billing cycle run on different cycles than the sewer billing department in the township. Bruno said it was suggested that PA American Water take over the water and sewer billing on a monthly basis and then remit the payment to the township. Anckaitis said we met with PA American Water and they provide this service for a small fee and it could cost us a little bit more but the advantage is we feel we will have less delinquent accounts and it will allow our billing department to have more time to follow up on the delinquent accounts in other billing cycles in the township. Anckaitis said we want to try it for a one year period. We can terminate the contract by giving them a 90-day notice. Anckaitis said in the long run it should produce more revenue. Lammi asked if they have the power of shutting off services if someone is delinquent. Bruno said if the bill is delinquent for 90-days they can shut off the service. Colver said for the minimal cost of $300 to $400 per year it is worth seeing what happens. Smith made a motion, it was seconded by Panella, to authorize the Chairman to sign the agreement. Richard Milberg, 36 Edinburgh, asked if it affects Easton Suburban Water customers. Colver said no. The motion was voted on and agreed by all.

Manager

· Anckaitis said at our Lehigh Valley Insurance Cooperative meeting last week they distributed the 2008 surplus checks that are based on what we pay for premiums versus claims processed. Anckaitis said we received a check for $114,411 which represents 70% of the refund. Anckaitis said we will receive another portion in the summer and another at the end of the year when the 2008 claims are closed out.

Police Chief

· Fretz said Rich Marshall has requested to go back on the road and will be replaced by Matt Allshouse.

Supervisors

· Colver said he was at a Penndot meeting at the district 5-0 office and there was a discussion about a possible project on the north end of the township that would require an interchange on Route 33. Colver said the first thing Penndot will have to do is conduct a study to see if it is feasible. Colver said the request to begin the study needs to come from the municipality. Colver said the cost will be between $30,000 and $50,000 and it would be conditioned upon the funds being reimbursed by the developer, which in this case is the Chrin Companies. Colver said he told Penndot he would bring it to the Boards attention. Lammi said in the 2003 comprehensive plan it mentioned an interchange would be necessary as far as any future development. Lammi said it stated a means of getting vehicles in and out without using local roads would be necessary. Colver made a motion to approve sending a letter to Penndot asking them to conduct a point-of-access study conditioned on a reimbursement agreement from the Chrin Companies to cover the cost of the survey. Lammi seconded the motion and it was agreed by all.

On motion by Mitchell, seconded by Panella, and agreed by all, the meeting was adjourned at 8:00 p.m.

Respectfully submitted,

Robert G. Anckaitis

Township Manager