PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

APRIL 28, 2009

A general business meeting of the Palmer Township Board of Supervisors was held on Tuesday, April 28, 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, Planning Director, Director of Public Services, Police Chief, and the Township Solicitor. Christopher Baxter from the Morning Call represented the news media. Colver convened the meeting and led those present in the Pledge to the Flag.

Colver announced that Supervisor Panella would be arriving late tonight. Colver noted an executive session was held on April 15, 2009 at 12:15 p.m. to discuss one personnel matter and no action is required tonight.

2. APPROVAL OF DISBURSEMENT OF FUNDS – APRIL 6, APRIL 20, APRIL 28, 2009

INFORMATION

The report will be provided at the meeting.

DISCUSSION

On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the disbursement of funds for April 6, 2009.

On motion by Smith, seconded by Lammi, and agreed by all, the Board approved the disbursement of funds for April 20, 2009.

On motion by Smith, seconded by Lammi, and agreed by all, the Board approved the disbursement of funds for April 28, 2009.

3. APPROVAL OF MINUTES – MARCH 24, 2009

DISCUSSION

Lammi asked to delete “Lammi said he agrees with them” on page 12 in the second bullet under supervisor’s comments.

On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the minutes of March 24, 2009 with the above change.

4. DISCUSSION REGARDING THE MUNICIPAL BUILDING LANDSCAPING PLAN

INFORMATION

The Road and Parks Department Superintendent and Assistant Superintendent will be present to make a recommendation on the landscaping plan. The Board needs to approve/disapprove the landscaping plan.

DISCUSSION

Township Manager, Bob Anckaitis introduced the newest member of the Shade Tree Commission, Mary Gambutti. Anckaitis said he was going to ask the Director of Public Services to introduce the project. Adams showed the Board the removal plan of the existing landscaping and then the recommendations proposed by the Shade Tree members. Mary Gambutti and Robert Rizzolino, members of the Shade Tree Commission were in attendance. Adams said the front of the municipal building and library has become overgrown and no grass is growing in front of the municipal building. People have slipped on the berries that drop from the trees and the trees are within five years of their life expectancy. Rizzolino and Gambutti explained their proposed plan to the Board. The plan included removal of trees and re-establishing the grass in phase one, which would be done now and then in the fall we could budget for replacement of trees for next year. Smith asked what would go in the squares between the sidewalks where the trees are coming out. Gambutti suggested possibly planter boxes. Rizzolino said you need to elevate whatever gets planted so the salt doesn’t damage the plantings in the winter. Colver said there is minimal cost for phase one since the township public works department can complete the work.

On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the landscaping plan for the municipal building complex as presented by the Director of Public Services and the Shade Tree Commission.

5. SUSSEX WIRE SITE PLAN REVIEW

INFORMATION

The Board needs to approve/disapprove the site plan.

DISCUSSION

Planning Director Cyndie Carman said the applicant is looking for site plan approval with a recommendation to the Zoning Officer. Rocco Caracciolo of Pennoni Associates, Dave Usler - President Sussex Wire, and Jenna Macmurray of Pennoni Associates were in attendance. Usler explained they manufacture medical needles at their facility that are used at veterinary offices. Usler said they don’t have enough space and they need an area that is presentable to conduct the required audits in their business. Usler said they want to add a 5,000 foot addition to the building that will free up an old area for storage. Usler said they also make the reflectors that are used in LED billboards.

Caracciolo said they are proposing an addition of 4,990 square feet to the existing 34,720 square foot building. Caracciolo reviewed the plan with the Board to include parking. Colver asked if there were any concerns with the Pidcock letter dated April 9, 2009. Caracciolo said they are requesting a deferral regarding sidewalk. Caracciolo said the addition to the building barely increases the stormwater requirement but the Township Engineer has provided a document that was prepared initially in 1987 and again in 1994 when a previous addition was done that shows stormwater requirements that the existing pond does not meet. Caracciolo said we were told by the Township Engineer to model an expansion based off that report. If we did that we would have to double the size of the basin in order to meet the model. Caraccioli said we feel this basin does not come close to what the report requires. Dillman asked if this facility was anything other than Sussix Wire. Ulser said no he has always owned the property. Dillman said the basin was never built to size. Dillman said he believes adding six to nine inches to the berm could be a solution that the emergency spillway needs to hold back more water. Dillman said the existing condition does not meet what was intended. Dillman said he does not feel it will require doubling the size of the basin and he feels something can be worked out. Caraccioli said they cannot meet the 1994 requirement. Smith asked if they could make the pond function as it does today after the addition. Colver asked what Pidcock would want them to provide. Dillman said he hasn’t reviewed their latest revision so he is shooting blind. Lammi said you mentioned if it had to double the size it would take a year. Lammi asked if that couldn’t be done after the addition to the building. Dillman said at some point you need the stormwater management in place for the addition. Dillman said it is supposed to have 0.8 cfs discharge and it is at 6.0 cfs. Dillman said he would like a chance to review their model. Lammi said tonight we are giving approval to move forward through the zoning process. Colver asked if the property had a Knox Box. Ulser said they have one on the building.

On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the site plan to the Zoning Officer conditioned upon the applicant fulfilling the comments of the Township Engineer letter dated April 9, 2009, fulfill the comments on the Township Departmental Comment Sheet dated April 9, 2009, the applicant resolve the stormwater management issues to the satisfaction of the Township Engineer. The Board approved a deferral for §165-69.A regarding the provisions of sidewalks along Danforth Drive. Colver noted there are no recreation fees to be paid.

6. JOSEPH I REVISED PRELIMINARY/FINAL LAND DEVELOPMENT PLAN REVIEW

INFORMATION

The Board needs to approve/disapprove the preliminary/final land development plan.

DISCUSSION

Carman said this project received preliminary approval in 2004 for the Applebee’s property on Route 248. This revised plan reverses the position of the building and parking lot which makes the building in Lower Nazareth Township. Carman said they are looking for revised preliminary and final plan for the bank building. Carman said the second retail building would be covered in a future phase.

John Nicocolich, Mike Gavin, and John Joseph were in attendance. Gavin reviewed the plan and the stormwater with the Board. Gavin said they can comply with everything in the Township Engineer review letter. Colver asked if they were okay with the geotechnical engineer comment. Gavin said they are okay with the April 14^th geotechnical engineer letter. Smith said there was a potential sinkhole mentioned. Gavin said it was actually drainage for stormwater not a sinkhole. Dillman said this is for the final plan for phase one and the second stage for the retail building will come back at a later date. Gavin said they would like approval for both phase one and phase two which includes their $25,000 voluntary traffic contribution as noted in Attorney Bruno’s letter. Bruno said there is no problem with preliminary plan approval because there is no use identified for the retail site. Bruno said until they have a use we have to hold back on final approval of phase two. Bruno said the voluntary traffic contribution should be associated with phase one and the township can review the traffic contribution for phase two once we know the intended use. Bruno said we can record for phase one but cannot record phase two without a development plan for that phase. Colver said we need to break out the numbers just for phase one. Gavin said we cannot attract tenants for phase two without final approval in the competitive market today. Bruno said he thought this was submitted as a revised preliminary plan. Dillman said he suggested they phase the plan due to the outstanding issues with the retail portion of the plan. Dillman said he suggested they cut the retail building out so they can move forward with the bank and come back later when they have the retail occupant. Dillman said the logical way to do it is to get final plan approval for the bank and cut the retail building out as phase two when they know that use. Dillman said his only two issues are how the parking and access isles line up on the southwest corner of the property. Gavin reviewed the parking flow on the property and said the Planning Commission didn’t think it was an issue. Gavin said we cannot over park the lot or it wouldn’t meet ordinance. Lammi said at the Planning Commission meeting he suggested we get this going so the bank could get started. Lammi asked why they couldn’t come back with phase two at a later date. Gavin said the intersection work needs to be resolved. Gavin said we believe there is nothing that needs to be done but the Township Engineer thinks it is required. Colver asked if it is just those two issues. Gavin said they can agree with everything in the March 27^th Township Engineer letter except this conflict. Bruno said the Planning Commission approved it as a phased process. Bruno said the compromise is to let him get final approval for phase one. Smith said the Planning Commission was thinking about tabling the item due to the outstanding issue. Lammi said the hang up is the traffic flow. Gavin asked if the supervisors have a position on the traffic flow. Smith said he won’t make a decision on it, his decision is based on the recommendation of our engineer. Colver said he agrees with the Township Solicitor to get the bank going and make them come back for phase two.

Smith made a motion to approve the revised preliminary/final plan for phase one (the bank) conditioned upon the applicant fulfilling the comments in the Township Engineer letter dated March 27, 2009, the applicant fulfill the Township Departmental Comments dated April 9, 2009, the applicant submit a phasing plan for the development to the satisfaction of the Township Engineer, the applicant comply with the previously granted preliminary land development conditions set in July 2004, as applicable, the Board accepts a voluntary traffic contribution in the amount of $25,000, the applicant pay a recreation fee in accordance with the township ordinance in the amount of $3,000 per acre for a total of $30,000 as approved under the preliminary approval in 2004, the applicant enter into an improvements agreement to the satisfaction of the Township Solicitor for phase one improvements, and the applicant submit financial security for phase one in a form acceptable to the Township Solicitor. The motion was seconded by Mitchell. Gavin said we are making a voluntary traffic contribution for a building in Lower Nazareth Township. Bruno said this can be addressed again during phase two since the Board does not know what the traffic counts will be for that phase until an occupant is identified. The motion was voted on and unanimously approved with a 5-0 vote.

7. JOSEPH I PLANNING MODULE POSTCARD EXEMPTION

INFORMATION

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

DISCUSSION

On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the planning module postcard exemption for Joseph I.

8. TOWNHOMES AT WILLIAMSON STREET REZONING REQUEST AND PRELIMINARY MAJOR SUBDIVISION PLAN REVIEW

INFORMATION

The Board needs to approve/disapprove the rezoning request and preliminary major subdivision plan.

DISCUSSION

Bruno clarified that tonight we are only addressing the preliminary plan not the rezoning request.

Carman said the plan proposes to subdivide the existing 1.7+ acre lot located at the intersection of Williamson Street, Lieberman Terrace, and 25^th Street into 9 lots – 8 townhouse lots, and a 0.15+ acre lot to be consolidated with the existing Rizzolo lot to the north. The proposal anticipates a proposed rezoning from MDR to HDR zoning districts. The lots would be served with public water and sewer. Carman said the issues are in the area of the 25^th Street stormwater management system. Carman said the applicant has offered the township money toward the future stormwater management project in lieu of doing the work.

Attorney Steve Goudsouzian, Ed Melhem and Bobby Viola were present. Goudsouzian said their engineer, Don Frederickson could not attend tonight. Goudsouzian referred to comment A-2 in the Township Engineer letter related to the road widening and sidewalk along Williamson Street and 25^th Street and stated Engineer Frederickson sent a letter to the township requesting waivers for these items. Goudsouzian said the Township Engineer letter requests a fence be placed around the detention basin and the property will eventually be turned over to the township. Goudsouzian said they wanted to make sure this was a requirement. Lammi asked what the slope was. Dillman reviewed the slope and said it was located in a residential area. Dillman said it is basically to keep the kids out when it is full of water. Lammi asked if a fence was around the open channel. Dillman reviewed the plan with the Board. Lammi said he is more concerned about the open channel where there is rushing water. Smith said it could be a site line issue. Dillman said it would be a chain link fence. Dillman said he believes the township would want the open channel protected as soon as a house is built. The Board agreed to have the open channel fenced and no requirement for a fence around the basin. Goudsouzian said regarding B-8 in the Township Engineer letter requesting confirmation from Penndot noting their permit requirement for storm sewer connections, Goudsouzian said Frederickson was told Penndot doesn’t require their submission. Dillman asked the applicant to provide that information in writing from Penndot.

Smith made a motion to approve the preliminary major subdivision plan conditioned upon the following: the applicant fulfill the Township Engineer letter dated February 17, 2009, the applicant fulfill the Township Department Comments dated March 6, 2009, the applicant obtain any approvals necessary from Penndot, applicant obtain approvals from the PTMSA and Met-Ed for encroachments into its easements, obtain NCCD approval of the E&S Plan and obtain any necessary DEP permits, the Board approved deferral for improvements along 25^th Street and Lieberman Terrace and improvements along the Rizzolo frontage, a voluntary traffic contribution to the township at $1,000 per lot for a total of $8,000, stormwater management and maintenance contribution at a rate of $1,000 per lot for a total of $8,000, a perpetual maintenance contribution at a rate of $500 per lot for a total of $4,000, recreation fees paid at a rate of $1,400 per lot for a total of $11,200, the applicant dedicate ROW areas to the township following satisfactory completion of improvements, the applicant obtain approval of the rezoning to the HDR district, the applicant resolve the location of the property line for the Rizzolo property and the proposed drainage area to the satisfaction of the Township Engineer, and the Board agreed to waive the fence around the detention basin but required a fence around the open channel. The motion was seconded by Lammi. Bruno clarified the PTMSA is the Palmer Township Municipal Sewer Authority and that the traffic, stormwater and perpetual maintenance fees are deemed acceptable to the Board. Bruno clarified ROW stands for right-of-way. Smith and Lammi amended their motion with Bruno’s clarifications. Goudsouzian clarified that Don Frederickson’s letter requested a waiver for improvements along 25^th Street and Lieberman Terrace and a deferral for improvements along the Rizzolo frontage. Smith and Lammi amended their motion with this clarification, the motion passed 5-0.

9. LOAN/BOND FINANCING DISCUSSION

INFORMATION

The township received all proposals from financial institutions and the Board needs to make a decision on how to borrow for capital projects.

DISCUSSION

Colver said a few months back we asked the Township Manager to look into financing for the Hartley Avenue project for expansion of the public works facility and the Freemansburg and Greenwood signalization project. Anckaitis said at first it was a request for a $900,000 loan and then later you asked me to go out for an additional $2.1 million. Anckaitis said he sent the request to five banks and only two were willing to submit a proposal - Lafayette Ambassador and PNC. Anckaitis said he also discussed with Gary Pulcini, the Township Financial Consultant the bond option. Anckaitis said the bottom line is it would make more sense to do a bond for the total $3 million. Anckaitis reviewed an email he received from the Vice President & Regional Manager of PNC Bank noting the benefits of doing a bond. Anckaitis said as of right now the debt service impact, if wrapped around, would be an additional $129,000. Anckaitis said we have two experts that agree a bond would be the way to go. Colver said if the banks are only willing to quote five or seven years or ten and twelve year loans - we have to look at a fixed number. Colver said since the one project hasn’t gone out to bid and on the land acquisition we don’t have a final agreement can we go out for the bond. Anckaitis said he believes we will need to acquire the land and we are close on that. Colver asked for the bidding timeframe. Dillman said revised plans went to Penndot yesterday and we hope we have Penndot’s approval in the next 30 days. Colver asked if the project could be done before Christmas. Dillman said it could be done. Colver told Dillman we need his office ready as soon as Penndot gives approval to go out to bid. Colver asked the Township Manager to get the fees associated with the bond issue and to put it back on next weeks agenda.

10. APPROVAL OF CHRIN CONDITIONAL USE LETTER

INFORMATION

The Board needs to approve/disapprove the conditional use letter.

DISCUSSION

On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the conditional use letter as prepared by the Township Solicitor.

11. STREET LIGHT RESOLUTION

INFORMATION

Resolution is to upgrade one Met-Ed owned 175 watt mercury vapor cobra head streetlight at the corner of Moravian Avenue and Agnes Street with a 150 watt high pressure sodium vapor streetlight. The Board needs to approve/disapprove the street light resolution.

DISCUSSION

On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the upgrade to the streetlight located on pole 68900-50469 at Moravian Avenue and Agnes Street.

12. TOWNSHIP ENGINEER CAPITAL PROJECTS UPDATE

INFORMATION

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

DISCUSSION

Dillman said he had nothing else to report other than the Greenwood Avenue update that took place above under the loan/bond discussion.

13. PUBLIC COMMENT

Joan Barnes, 229 Ridgewood Road, said they moved in 1999 from Florida to the township. Barnes said she has a neighbor in the rear of her property on Green Pond Road that use their yard to race cars with loud motors. Barnes said they tried talking to them, they wrote them a letter and they reported it to the Palmer Police and nothing has resolved the problem. Barnes said they build campfires in their backyard and the smoke comes into our house. Barnes said she would like to know if there are laws about them not being able to do this. Colver said there is a no burning ordinance in the township and asked if they use a chiminea. Barnes said no it is not a chiminea it is a fire on the ground. Fretz said if it is in a container like a fire pit or chiminea it is allowed. Barnes asked if fines can be issued. Fretz said if you call the Police Department we will log the complaint. Barnes said we had an issue with the racing and it went to the Magistrate and it was determined they could do it on their property. Fretz said if it is continuous they can tell them the hours it is allowed. Fretz said if it becomes a nuisance the Magistrate would determine if it is a nuisance. Fretz recommended she document everything and after a period of time you can take it before the Magistrate as evidence. Barnes asked how long they will need to document it. Fretz suggested several months if it is happening a lot. Barnes said they are racing in the afternoon and up until 8:30 at night. Lammi asked about the noise issue. Barnes asked if a fire is smoldering what would you do about it. Anckaitis said the fire is a major safety issue and we can check on what they are doing and if it is legal. Anckaitis explained the magisterial process to Mrs. Barnes. Colver told Mrs. Barnes it will require some homework on your end to get it rectified.

Gil Greene, 32 Edinburgh, asked if the supervisors were aware of the situation with Majestic lighting. Lammi said at our last meeting we approved the new shielded lights to be placed on their building. Greene asked if they are required to put the lighting on a timer or motion sensor. Greene said the three lights they are testing are on all night and project light. Greene asked if the lighting is restricted to their hours of operation. Lammi said on a commercial facility the ordinance states what can spill on to adjacent properties. Lammi said he doesn’t think the lighting is required to be turned off. Smith asked how they determine too much light going over a property line. Dillman said you can check it. Smith recommended someone in the township check the spillover. Greene said his main concern is that they put the lights on timers. Dillman said he would think some lighting would be required to stay on for security purposes. Greene said there is perimeter lighting on the property. Lammi asked to have the code department check the spillover.

Ms. Suzanne Baer, 201 Berks Street, asked if the street cleaner is finished because Forks Street was never done. Lammi said they are not finished and his street was not done yet. Baer gave photos to the Board of the front and back downspout outlets at her home. Baer said the agreement says only one was pre-existing but they both were. Adams says the front one ties into the storm outlet in front of her home. Baer said the black tube is a tripping hazard and there is another one just like hers on the property at 100 Berks Street.

14. REPORTS

Solicitor

· Bruno had an extension agreement for Starlite Estates requesting an extension until May 31, 2009 to complete improvements. On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the agreement.

· Bruno had an agreement of sale for properties in the garden lots that are being sold by Barbara Koons for a total of $5,000 for nine lots. Bruno said after the Chairman signs the agreement a title search will need to be done. On motion by Panella, seconded by Lammi, and agreed by all, the Board authorized the Chairman to sign the agreement of sale.

· Bruno received a proposed deed of easement related to the Commerce Bank Development that requires the Chairman’s signature. On motion by Mitchell, seconded by Lammi, and agreed by all, the Board authorized the Chairman to sign the deed of easement. Carman said she believes they are behind on their escrow payments. Bruno said he recently received a list of deficient escrow payments from Diane Grube and his office will be sending out notices to everyone on the list.

· Bruno said at the last meeting there was a discussion regarding the Bubba property, lot nine, Northwood Development. It was questioned whether the applicant received the necessary permits. Bruno said the developer did get permits to construct what was built but the Township Engineer’s office was not kept in the loop. Dillman said there were minimal public improvements on the project and his office already inspected it.

· Bruno had three litigation and one personnel item for executive session.

Manager

· Anckaitis said Adams attended a county meeting last week and the county is recommending $243,000 be approved for our pool project. Anckaitis said also last Wednesday Adams delivered the grant application to DCNR which would be for $300,000 and we hope that will also get approved in 2010. Anckaitis said if both are approved our share will be about $202,000 and $41,000 would be in-kind services. Anckaitis said this is for the maintenance and improvements needed at the pool but does not include any water features, just the piping for future water features in case we add them at a later date. Anckaitis said Adams did a great job on the grant application.

Planning Director

· Carman said she enjoyed attending the PSATS conference.

Public Services Director

· Adams said the parks and public works departments did a great job with all the ball fields.

Police Chief

· Fretz said the 33 page cops grant application was submitted and accepted. Anckaitis said Fretz did a great job completing the grant. Colver asked what he meant by accepted. Fretz said they confirmed receipt.

· Fretz said six “in car” video cameras were installed this past week. Fretz said they are not working yet because everyone needs to go through training and he needs to write a policy.

· Fretz expressed a thank you to the safety committee of the Highlands for the information they provided the police and fire departments regarding where everything is located in their community.

Supervisors

· Smith said the baseball fields are in great shape.

· Colver had one real estate matter for executive session.

On motion by Panella, seconded by Mitchell, and agreed by all, the meeting was adjourned at 9:30 p.m. with three litigation, one personnel and one real estate item for executive session.

Respectfully submitted,

Robert G. Anckaitis

Township Manager