PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

JULY 28, 2009

 

      A general business meeting of the Palmer Township Board of Supervisors was held on Tuesday, July 28, 2009 at 7:00 p.m. in the Community Room of the Palmer Library with all Supervisors in attendance:  Dave Colver, Bob Lammi, Ann-Marie Panella, Mike Mitchell and Bob Smith.  Also in attendance were the Township Manager, Public Services Director, Planning Director, Police Chief and Attorney DeEsch.  Solicitor Bruno was absent.  Tony DeMartini from the Morning Call and Colin McEvoy from the Express Times represented the news media.  Chairman Colver convened the meeting and led those present in the Pledge to the Flag. 

 

      Colver noted the Board held an executive session prior to tonight’s meeting on a legal matter and no action is required tonight.

 

2.   APPROVAL OF DISBURSEMENT OF FUNDS – JULY 28, 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 July 28, 2009.

 

3.   APPROVAL OF MINUTES – JULY 20, 2009

 

      DISCUSSION

 

      On motion by Lammi, seconded by Panella, and agreed by four, the Board approved the minutes of July 20, 2009.  Smith abstained since he was absent at the July 20th meeting. 

     

4.   CHARLOTTE AVENUE SKETCH PLAN

 

      INFORMATION

 

      This item is on the agenda at the request of the developer.  As this is a sketch plan only, no action by the Board is necessary at this time. 

 

      DISCUSSION

     

      Abe Atiyeh, David Bray from Jena Engineering and Attorney Lisa Pereira were present.  Cyndie Carman reviewed her letter to the Board regarding comments made by the Planning Commission at their July 14th meeting when they reviewed the sketch plan.

 

      Colver said initially the plan included 80 units and now it is down to 60 units.  Colver asked about parking.  Bray said additional parking could be added but we would have to take out the playground area.  Atiyeh said they would like to have the zoning officer make the decision on the parking.  Atiyeh said if we initially make the playground and you find we need more parking we could always convert the playground into a parking area.  Atiyeh said he plans on building 20 studio, 20 one bedroom and 20 two bedroom apartments. 

 

      Bray said there was concern about the density, the storm water and they have several zoning issues.  Pereira said this plan will require rezoning a portion of the property, a map change and a text amendment for portable housing.  Pereira said a zoning text amendment has been prepared and is with the township solicitor. Pereira said they would like to get a feel today if this is something the township would like and determine if we should move forward with the plan.  Lammi asked about the setback requirements and Bray reviewed the different setbacks noted on the plan.  Lammi said it’s been said before there are few kids in apartment complexes so why do we need a playground.  Atiyeh said you tell me what you want.  Lammi said he would prefer some protection for the existing residents.  Lammi said the document submitted to the Lehigh Valley Planning Commissions noted a six story building.  Bray said 2-1/2 stories are permitted as it is zoned now.  Atiyeh said we haven’t designed the building yet because we want to hear what you are looking for first.  Atiyeh said he committed to build no more than three floors.  Lammi expressed concern for the two industrial neighbors that will not be able to use the space around them any longer should it get rezoned.  Atiyeh said he feels the neighbors will be much happier having something like this go on the property instead of another light industrial use building.  Colver asked how their discussions have gone with Acopian.  Atiyeh said they have not met with them yet because they want to be able to show them a plan.  Smith asked if it could be considered spot zoning.  Colver said it is extending an existing zone so it wouldn’t be spot zoning. 

 

      Colver said there is no action that needs to be taken tonight.  It is purely for informational purposes so the applicant can take information back with them.  Lammi asked if the apartments would have balconies.  Atiyeh said no.  Atiyeh said the playground area would be maintained by the apartment complex but could be used by township residents.  Atiyeh said they would like to have favorable feedback from this board before we put the architectural design together.  Lammi said his concern is getting it away from the residents.  Colver said the idea of apartments he is okay with and them being affordable he is really okay with.  Colver said he believes they will be able to take care of the storm water issues and the height is ok too.  Colver said his concerns are also with the neighbors.  Mitchell asked if they could build an “L” shaped building.  Bray said it won’t address the property line issue.  Bray asked for direction on the playground versus parking.  Dillman suggested when they do the plan that they design it as if the parking would go in – the area could always start as a playground.

 

5.   APPOINT DELEGATE AND ALTERNATE TO THE TAX COLLECTION COMMITTEE

 

                  INFORMATION       

                  The Board needs to appoint a delegate and alternates to the Tax Collection Committee.

 

                  DISCUSSION

 

On motion by Lammi, seconded by Mitchell, and agreed by all, the Board appointed Jeff Young as the township delegate, Virginia Rickert as the first alternate and Brenda DeLong as the second alternate to the Tax Collection Committee. 

 

6.      FOX RUN AGREEMENT

      INFORMATION       

 

      The Board needs to approve/disapprove the agreement. 

 

      DISCUSSION

 

      Colver said this was before us last week and there were some revisions that needed to be reviewed by the solicitor’s office.  Attorney DeEsch said this is an addendum to the original subdivision agreement.  DeEsch said the developer will fund an account with the township for $810,000 that will replace the letter of credit so the township will have control of the funds to insure improvements are completed.  DeEsch said it will also provide funds to alleviate any mechanics lien claims.  DeEsch said under the agreement the developer isn’t allowed any funds until everything has been performed to the satisfaction of the township and the work is to be completed by September 30, 2009.  DeEsch said it is recommended the township enter into this agreement to secure that cash.  Colver said the contractor, Allan Myers, says they are owed money from Atlantic VanBuren.  Colver said the township engineer’s office will verify that the work has been completed by Allan Myers and if it is satisfactory, Allan Myers will be paid the $148,000 that they are owed. 

 

      Colver asked if there were any questions from the public. 

 

      Dave Behar, 18 Lower Way Road, asked if the two month time frame is realistic.  Lammi said it may not be but we wanted to keep them on a short leash.  Lammi said it could be a situation that we may need to give them a one month extension.  Behar asked if this is a restricted fund or general purpose fund.  DeEsch said it is a separate fund for just this project. 

 

      On motion by Mitchell, seconded by Smith, and agreed by all, the Board approved the Fox Run agreement.

 

7.      APPOINT SEWAGE ENFORCEMENT ALTERNATES

 

      INFORMATION       

 

      The Board needs to appoint Anthony Tallarida and Ted Bigatel, from the Pidcock Company, as alternate sewage enforcement officers.

 

      DISCUSSION

 

      On motion by Smith, seconded by Panella, and agreed by all, the Board approved Anthony Tallarida and Ted Bigatel, from the Pidcock Company, as alternate sewage enforcement officers.

 

8.   GREENWOOD AVENUE EXTENSION PROJECT DISCUSSION REGARDING TRAFFIC FLOW ON BERKS STREET

 

                  INFORMATION       

 

                  The Board needs to approve/disapprove the traffic flow pattern for Berks Street.

 

                  DISCUSSION

 

      Anckaitis said this was talked about a long time ago and it was discussed to make Berks Street a right out only.  Anckaitis said there was concern about someone making the right onto Freemansburg Avenue that then wants to make a quick left onto Greenwood that it could be a problem with traffic stacking.  Anckaitis said the other option is to make Berks Street a one way in for the first block only.  Mitchell said that is the best idea.  The Board agreed.

 

      On motion by Mitchell, seconded by Panella, and agreed by all, the Board approved making the first block of Berks Street, south of Freemansburg Avenue, one-way south at the completion of the Greenwood Avenue project.

 

9.   REVENUE SHARING RESOLUTION

 

      INFORMATION       

 

      It is recommended by PSATS that a Revenue Sharing Resolution be adopted and sent to congressional representatives.  The Board needs to approve/disapprove the resolution.

 

      DISCUSSION

 

      Lammi said local governments are at the end of the food chain and a lot of the state cuts could affect local governments. 

 

      On motion by Lammi, seconded by Smith, and agreed by all, the Board authorized the Chairman to sign the resolution urging congress to support the federal Local Fiscal Assistance Act of 2009, HR 3007, which would provide $90 billion to local governments through fiscal year 2011.

 

10. TOWNSHIP ENGINEER CAPITAL PROJECTS UPDATE

 

      INFORMATION       

     

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

 

      DISCUSSION

 

      Dillman said the advertisement soliciting bids for the Greenwood Avenue project was sent to the Express Times today and it will run this Thursday and next week.  Dillman said the bids are due three weeks from Thursday, August 20th.  Dillman said we feel we are within minutes of receiving the required Penndot permits. 

 

      Colver said a meeting will be held next week at the community center to confirm that the money in our budget will cover the remaining work scheduled at the center.

 

11. PUBLIC COMMENT

 

      None

 

12. REPORTS

       

      Solicitor

·        DeEsch had a resolution to grant and convey right-of-way for Villages at Mill Race, Phase 3 for Cobblestone Drive, Stone Creek Court, Willow Drive, Mill Brook Court and Mill Race Drive.  On motion by Lammi, seconded by Smith, and agreed by all, the Board authorized the Chairman to sign the resolution. 

·        DeEsch had a maintenance agreement for the Frank Bubba project, Lot 9.  DeEsch said the developer signed the agreement and it was approved by the solicitor’s office.  On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the agreement.

·        DeEsch had a storm sewer drainage easement agreement for the Maple Shade Subdivision.  DeEsch said it was signed by the Diocese of Allentown and was ready for execution.  On motion by Panella, seconded by Smith, and agreed by all, the Board authorized the Chairman to sign the agreement.

·        DeEsch said the solicitor’s office would be submitting filings for the Kovacs and the IDI cases in the next two weeks.

 

      Township Manager

·        Anckaitis said he believes everyone received the email noting our H20 grant wasn’t approved but they would keep the application for consideration in the next round.  Anckaitis said they sent some recommendations on ways to strengthen the application and he wanted to know if the Board was interested in having the township engineer make revisions to the application.  Lammi said he feels we have no chance at getting the grant.  The Board agreed to leave the application as is.

 

      Planning Director

·        Carman asked if there were any comments related to the Zoning Hearing Board agenda for next week.  There were none.

·        Carman said she attended a meeting at Lafayette College last week regarding a transportation study for commuters from PA through NJ and into NYC.  Carman distributed copies of handouts from the meeting to the Board and said they are looking for general comments from the township on public transportation.

 

      Police Chief

·        Chief Fretz said our COPS grant was denied.  Fretz said they are keeping our application and will reevaluate it again in 2010.

 

      Supervisors

·        Colver said the Wednesday night before community weekend we will be holding movies in the park at Fairview Park and will be showing the movie Underdog.  Colver said the guy who does the sound for us for community weekend offered to show the movie for us free of charge for one time only.

·        Colver said Cyndie got a letter from Brian related to the packets of information he puts together for developers as part of the municipal improvements agreements.  Dillman said the information includes where they stand with current day construction costs.  Colver said we need to get some additional information and bring it back to the Board to see how we want to deal with this.  Dillman said this process is backed up by the MPC. 

·        Colver said he and Bob Lammi attended a meeting two to three weeks ago with a company looking to place some cell towers in the township.  Lammi said they are a private company that puts up towers and allows different cellular companies to use their towers.  Colver said they indicated there is a need for towers on the southern side of the township toward Riverview Park and indicated another three or four areas in the township they are interested in.  Colver said it is a revenue sharing opportunity.  They would pay the township $25,000 to $35,000 for each location.  Colver said we gave them a few locations we felt the towers could work and they said they would think about it and get back to us.  Colver said there would be no cost to the township, we just provide the area.  Lammi said the need for more bandwidth is growing like crazy because of the people relying on smart phones and cell phones. 

 

      On motion by Mitchell, seconded by Panella, and agreed by all, the meeting was adjourned at 8:36 p.m.

     

Respectfully submitted,

 

 

Robert G. Anckaitis

Township Manager