PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

MAY 26, 2009

 

      A general business meeting of the Palmer Township Board of Supervisors was held on Tuesday, May 26, 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, Planning Director, Police Chief, Township Solicitor and Attorney Christy Schlottman.  Colver convened the meeting and led those present in the Pledge to the Flag. 

 

2.   APPROVAL OF DISBURSEMENT OF FUNDS – MAY 26, 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 May 26, 2009.

 

3.   APPROVAL OF MINUTES – MAY 18, 2009

 

      DISCUSSION

 

      On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the minutes of May 18, 2009.

 

      Colver said the Melhem rezoning and Walgreens items have been removed from tonight’s agenda.  Bruno said the next scheduled date for the Melhem rezoning request should be the fourth Tuesday of June.  Bruno said it will be confirmed with a public notice in the newspaper.  Bruno noted the applicant did not submit their final plan as required.

 

4.   EASTON SUBURBAN WATER AUTHORITY PROPOSED LOT CONSOLIDATION AND BUILDING ADDITION

 

                  INFORMATION       

 

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

 

      DISCUSSION

     

      Planning Director Cyndie Carman said they are proposing a lot consolidation and a 14,600 + square foot addition to the Easton Suburban Water Authority building located at the southeast corner of South Nulton and Hartley Avenues.  Additional parking, a second driveway connection to Hartley Avenue and a storm water management system are also proposed.  Carman said the plan was recommended for approval by the Planning Commission who also recommended three waivers and one deferral.

 

      Bruno said there are some issues related to storm water that do not need to be resolved before the Board takes action tonight.  The storm water issues can be addressed at a later date to the satisfaction of the township solicitor.

 

      Ryan Christman, Keystone Consulting Engineers, reviewed the plan with the Board for the additional parking, the storm sewer, and the addition to the building.  Christman also reviewed the bike path easements.  Craig Swinsburg, Easton Suburban Water Authority, said the addition will consist of additional office space.

 

      Colver confirmed they are looking to add an additional entrance to the parking lot. Christman said correct.  Christman reviewed the new lighting that will be added to the new parking area.  Colver confirmed the hours of operation will continue to be 7:00 a.m. to 4:30 p.m., Monday through Friday, except for emergency services.  Christman said correct.  Colver asked about on site garbage.  Swinsburg said they have a dumpster on site.  Lammi said he understands the storm water is a difficult issue and asked if they could explain how it is being resolved.  Christman said rain gardens will be added along the new parking lot.  Christman said it is a depression with plantings that will drain and everything on the old side will remain the same.  Christman said the depressions are two feet deep.  Lammi asked if our geotechnical engineer agrees with this storm water concept.  Carman said it is her understanding that he agrees. 

 

      Colver said on the township departmental comment sheet the Recreation Board recommended fees be paid in lieu of land but they also noted the frontage along Hartley Avenue of this property should have a 12’ wide bike path to be connected to the school district property.  Christman reviewed the bike path on the plan.  Smith asked who will be constructing the bike path.  Dillman said the responsibility is on the developer.  Bruno said the applicant should get the value of the bike path work as a reduction to their recreation fees.  Dillman said there is no point for them to make the bike path connection now, but if St. Jane’s moves forward with a school it should all be connected at that time.  Bruno said we are just saying we reserve the right to request the bike path when we are ready to make the connection.  The Board agreed to give ESWA a credit for the work they will do to complete the bike path.  Bruno said the motion should state the recreation fees should be imposed for 100% subject to a reduction of an amount approved by the township engineer’s office for the cost to construct that area of the bike path.  Thomas Walters, Attorney for ESWA, asked if it would be based on today’s cost.  Bruno said yes.

 

      Colver said typically as developers build in the township we ask for help with traffic issues in the area.  Colver said the township engineer’s office has come up with an estimate of 14 additional p.m. trips associated with the addition.  Carman said ESWA’s engineer initially came up with 56 additional p.m. trips.  The township engineer came up with 14 additional trips as opposed to 56 additional trips. 

 

      Smith asked if our geotechnical engineer sent a letter acknowledging he was in agreement with the rain garden proposal.  Colver reviewed an email in his packet with Supervisor Smith stating his agreement.

 

      Lammi made a motion to approve the preliminary/final land development plan provided the developer satisfy those comments and conditions set forth in the township engineer letter dated January 9, 2009, satisfy the township departmental comments dated January 8, 2009 with emphasis on the comment that the site water quality/infiltration system designs and associated environmental concerns be addressed to the satisfaction of the township geotechnical and environmental consultants, dedicate an easement to the township of sufficient width to contain a 12-foot wide bike path along Hartley Avenue, resolve to the satisfaction of the township solicitor’s office storm sewer and environmental concerns, the applicant pay a recreation fee that will be based on today’s current value less a reduction for the work they will perform to construct the 12-foot bike path, the applicant make a voluntary traffic contribution at a rate of $1,000 per p.m. traffic trip or 14 additional p.m. trips x $1,000 for a total of $14,000 minus a credit based on work the authority has done for the township at the community center site -amount to be determined by the township manager and public services director, enter into a land development improvements agreement to the satisfaction of the township solicitor, provide financial security in a form acceptable to the township solicitor and township engineer.  The Board approved the following waivers:  Final Plan Checklist Item G.5(b) – provisions of perimeter date, 165-59.G – provisions of a drainage and utility easement, 158-14.M – infiltration volumes in carbonate areas, as recommended by the township geotechnical consultant.  The Board approved a deferral for 165-69.A – construction of a sidewalk/bike path along Hartley Avenue.  Smith seconded the motion, and it was agreed by all.

 

5.   NORTHAMPTON COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT

 

                  INFORMATION       

 

                  The Board needs to approve/disapprove the agreement.

 

      DISCUSSION

 

      Anckaitis said this is a requirement to enter into agreement with the county for a three year period that makes us eligible should we have a project that meets income requirements we would be eligible to apply for funding.  Anckaitis said if we ever apply for funds we would need to get them from the county instead of going to the state.  Lammi said it’s important that we do this - it helps the county receive funding.

 

      On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the Northampton County Community Development Block Grant Agreement.

 

6.      CMX BIKEPATH ENGINEERING CONTRACT

 

      INFORMATION       

 

      The Board needs to approve/disapprove the contract.

 

      DISCUSSION

 

      Adams said this is for the last mile of the Bushkill Creek bike path.  Adams said the company used to be Schoor DePalma but is now CMX.  Adams said we asked them to provide numbers with a not to exceed amount and they did. Adams said he reviewed the proposal and feels it is adequate.  Bruno said they reviewed the contract and wanted to make sure the caps are noted.   Adams said he budgeted $15,000 for the work and it came in at $27,000 to $34,500 due to additional E&S requirements.  Adams said the design costs are reimbursable by the grant.  Lammi said we already have confirmation we have the grant, so we do not want to say we won’t do it.  Colver asked if we would pay everything out of the grant and not take anything out of the general fund.  Anckaitis said if we have to take anything out of the general fund we could reimburse it with the grant money.

     

      On motion by Smith, seconded by Panella, and agreed by all, the Board approved the CMX Bike Path Engineering Contract and authorized the Chairman to sign the contract.

 

7.      PA MUNICIPAL PENSION TRUST FUND APPOINTMENTS

 

      INFORMATION       

 

      The Board needs to approve/disapprove the appointments.

 

      DISCUSSION

 

      On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the appointments of Jack Walter and William Groves as Trustees of the Fund as noted in the May 6, 2009 PSATS letter from Diane L. Calhoun.

 

8.   TOWNSHIP ENGINEER CAPITAL PROJECTS UPDATE

 

      INFORMATION       

     

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

 

      DISCUSSION

 

      Dillman said he passed out his updated project list and map to the Board for their review.  Dillman said the Greenwood Avenue plans were submitted to Penndot on May 8th, but we have no indication as to when they will be through the process.  Dillman said we are a couple days away from having the contract book completed and we will be sending it to the township staff, solicitor, and Lou Vittorio for review.  Dillman said we’d like to get the project out to bid as we keep an eye on the Penndot permitting process.

 

      Colver asked if there was anything from a Bethlehem Township or Penndot standpoint regarding the upcoming work at the community center.  Dillman said there is nothing for Bethlehem Township but Penndot will need a call with at least a weeks notice as to when the work will start.  Dillman said his office can stake out with a one day notice. 

 

9.   PUBLIC COMMENT

 

      Starr Faden, 2620 Anthony Court, said several residents are here tonight to express our urgency about our street being in a deplorable state.  The lot at the end of the street has a trailer, concrete, debris and garbage thrown on the lot.  Faden said in the past their developer has received extensions related to Phase IV of Victoria Square town homes and he has yet to complete the street or clean up the mess.  Faden said residents have called the township over the years about not having street lights, having potholes in the road and about the trash on the lot.  Faden said one resident says it existed since about 1999.  Faden said the Hobson and Anthony Court residents have to look at this all the time.  Anckaitis said you are right.  You have bad conditions and I’m not sure why it has lasted this long.  Anckaitis said the Planning Director spoke with Nick Pugliese today and he has a contractor that has been holding him up.  Anckaitis said Mr. Pugliese told us he will have the street paved by the end of June.  Faden asked if it isn’t done by the end of June what happens.  Anckaitis said he does not know what deadlines he has received in the past, but lets take his word that he will do it by June 30th.  Colver said regarding the trailer, garbage, concrete, etc., I would think he would want to get it cleaned up before he paves.  Faden said Board minutes from last year said he would have until the end of 2008 to do the road with no further extensions.  Faden said then he got another extension in January.

 

MaryAnn Thatcher, 2636 Anthony Court, said nothing has been moved in two years.  If he does anything else, it’s at the other end of the development.  He isn’t doing anything that would affect our end of the road.

 

George Hawk, 2614 Anthony Court, said he stopped in the municipal building July 30, 2008 to see the township manager but he wasn’t in.  Hawk said I received a telephone call from George Kinney and he said the developer had until December 31, 2008.  Bruno said his current deadline is May 31, 2009 and they have made a verbal request to extend until the end of August.  Bruno said he will have the request in his report regarding a further extension.  Lammi said we won’t go to August, but the end of June would be appropriate. 

 

Renee Deemer, 2666 Anthony Court, said there are large pieces of rusted machinery from the factory that used to be there still laying on that lot and furniture has been dumped there too.  Deemer said she is also concerned about the storm drain that was put in her backyard where the street drains.  Deemer said their yards were getting flooded so the developer dumped large rocks around the storm drain.  Deemer said it is very dangerous with all those large rocks around the drain.  Deemer asked why they couldn’t have moved the drain into the gutter instead of being on her property.

 

Bruno had a request for an extension agreement from Anthony Court requesting an extension until August 31, 2009.  On motion by Smith, seconded by Lammi, and agreed by all the Board approved the extension agreement until June 30, 2009 with clarification that there will be no further extensions past June 30th.  Colver said we will get back to Mr. Pugliese tomorrow with this information.    

 

      Faden said the residents feel the township should make Mr. Pugliese finish what he started before he can start something new in the township.

 

      Suzanne Baer, 201 Berks Street, said a couple more Pachysandra where planted but still a large percentage of the area is brown versus green.  Baer said she does not want to wait five to seven years to have what she had before this project began.  Adams said the contractor came back last week and planted additional Pachysandra and she wants more.  Baer said they put 17 plants in before and now put in another 30.  Smith said Pachysandra is a ground cover that grows and grows.  Baer said I want more green than brown.  Panella said it’s still early in the season so not everything is green yet.  Baer asked if there was any estimate as to when the terracing will be done.  Baer said my life is on hold until I know when the project will be done.  Adams said the Public Works Department will be doing the work when they have an opening in their schedule.  Colver asked if the Public Works Superintendent could get a weeks notice out to Ms. Baer before they start the work.  Colver asked Adams to try to firm up the Public Works schedule. 

 

7.   REPORTS

       

      Solicitor

·        Bruno had an extension request for the Villages of Mill Race, Phase IV, requesting an extension until August 31, 2009 to complete public improvements.  Bruno reviewed the outstanding work with the Board.  Mitchell asked about the number of past extensions.  Dillman said with the way developing is going we may need to look at having the Code Department inspect houses to keep a handle on what damage is done to the public improvements from the contractors.  Lammi said as far as setting the policy aside you and Cyndie will need to look at what kind of interim policy can be used.  Smith said when the solicitors office gets the request can it trigger someone going out to look at what needs to be completed.  Dillman said it’s possible but everything is on a phase-by-phase basis, not a street-by-street basis.  Lammi said we need to be more proactive than reactive to resident’s complaints.  Lammi said between the township engineer and the planning director you will need to advise us what your recommendation is.  Dillman said we are doing that now and we feel this is a reasonable request.  Panella said she would also like to know the number of requests that were previously approved for the same project.  Lammi said to also include what the developer has completed since their last extension request.  On motion by Smith, seconded by Lammi, and agreed by all, the Board authorized the Chairman to sign the extension request. 

·        Bruno said related to Palmer North Industrial, the Vanity Fair project that was originally started by Verus Partners, there was a letter of credit in the amount of $921,265.17 that they would like to replace with cash to be deposited into a township account.  Bruno said they have prepared an addendum to access the cash held in an account and would need approval for the Chairman to sign the addendum.  On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the addendum.

·        Bruno said related to Mr. Kharecha’s project on Nicholas Street that was running in conjunction with the Cahill property, he has not yet completed his public improvements and their deadline is June 5th on his letter of credit.  Bruno said if there is no meeting prior to that I would ask the Board to authorize a demand be made on the letter of credit subject to the ability to rescind the demand should we receive the necessary information from Mr. Kharecha.  On motion by Lammi, seconded by Smith, and agreed by all, the Board authorized the solicitor to process a demand on the letter of credit if necessary.

·        Bruno had a fence agreement for Michael Schoer that is ready for execution.  On motion by Panella, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the fence agreement for Michael Schoer at 3201 Jones Blvd.

·        Bruno had copies of a recent agreement from Lower Nazareth’s attorney related to Prologis Parkway.  Bruno said he believes we made a lot of progress and the matter appears to be resolvable with Lower Nazareth.  Bruno said we are working with the owner of the property in the area and all indications are the concepts are acceptable to that land owner.  Bruno said Lower Nazareth has incorporated our changes into this agreement.  Bruno said you can either approve this agreement subject to us receiving a signed agreement from the land owner in the defined service area, or the Board can wait until next Monday night’s meeting with hopes that all issues will be addressed by then.  Lammi said under item #1 in the agreement Lower Nazareth indicates “Palmer Township shall exercise its best efforts to maintain the adequacy of the Prologis Parkway/PA Route 248 intersection resultant from traffic flows from its jurisdiction.”  Lammi said maybe we should add minus the traffic flowing through Palmer Township.  Dillman said possibly changing “flows” to “traffic generated.”  Lammi asked Dillman when they do a traffic study if they take into account where traffic is coming from.  Dillman explained the traffic study process.  Lammi said so you don’t take into account traffic from different jurisdictions.  Lammi said he is okay with the way it is written after Dillman’s explanation.  Lammi added in a previous agreement it stated it would be at the expense of Lower Nazareth and he would like to have that put back in this agreement.  On motion by Lammi, seconded by Smith, and agreed by all, the Board authorized the Chairman to sign the agreement conditioned upon final execution of the agreement by the land owner of the property in the service area.

 

      Planning Director

·        Carman said as a follow up on the lights on the back of the Majestic Building that was previously discussed our zoning ordinance does not specify a maximum amount of light overflow.  Carman said model lighting regulations state spillover shall not exceed 0.1 foot candles measured on the receiving property.  Carman said Jim Raudenbush took five readings that ranged from 60 to 175 feet from the property lines of The Highland’s properties and the readings were 0.02 to 0.04 foot candles.  Carman said this was with the initial lights that were on the building.  Carman said once all the new lights are installed, that are said to generate less light, we will take another reading.

 

      Public Services Director

·        Adams said the pool opened this past weekend and they had 670 patrons over the three day weekend.

 

      Supervisors

·        Lammi asked Adams if Penndot said anything about the traffic study at William Penn and Greenwood Avenue.  Adams said he will call again tomorrow to follow up.

·        Colver said he received a letter from Bethel Memorial Baptist Church asking to attend their dedication service.  Colver said he will be attending this Sunday morning.

·        Colver said the playground equipment for the community center shipped and is being held at a trucking company until next week.  Colver said the work will start the end of this week.  Colver said the Business, Industrial, and Professional group donated the playground equipment totaling $24,000 for the northeast corner of the property.  Colver said Clifford Morris also donated $5,000 toward the cause and we will put benches at the playground area using his donation.  Colver said the only cost to the township will be moving a few trees.  Colver said he believes the dedication of the playground will be at a Business, Industrial, and Professional meeting June 24th at 6 p.m.

·        Colver said Porsche is supposed to get a certificate of occupancy permit for June 1st but IDI (the developer/owner) said some of the public improvements like the toping of the road and the remainder of curbing that isn’t near the Porsche facility are not completed.  Colver said the street trees and lights are up and on.  Colver said there may be a need for the solicitor to write a letter stating Palmer Township is requesting the roads and final curbing not be done at this time.  Colver said apparently IDI is on the hook for this work and it is creating a problem.  Bruno said he hasn’t heard from their attorney on any of this.  Colver said we can wait until they ask for it but he wanted everyone to know there is a concern.  Bruno said it is not uncommon for us to give a certificate of occupancy permit before all the work is done; the MPC allows us to do this.  The Board was okay with the solicitor writing a letter if needed.

·        Panella said she attended the Memorial Day service at the Shrine and as always it was a beautiful event. 

 

      On motion by Mitchell, seconded by Panella, and agreed by all, the meeting was adjourned at 8:55 p.m.

     

Respectfully submitted,

 

 

Robert G. Anckaitis

Township Manager