PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

NOVEMBER 24, 2009

 

      A general business meeting of the Palmer Township Board of Supervisors was held on Tuesday, November 24, 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 Planning Director, Public Services Director, Police Chief and Township Solicitor.  The Township Manager was absent.  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. 

 

2.   APPROVAL OF DISBURSEMENT OF FUNDS NOVEMBER 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 November 24, 2009.

 

3.   APPROVAL OF MINUTES – NOVEMBER 16, 2009 AND NOVEMBER 19, 2009

 

      DISCUSSION

 

      On page three, second paragraph, of the November 16th minutes Bruno added the word “purchase” after the word “truck”.  On motion by Smith, seconded by Panella, and agreed by four, the Board approved the minutes of November 16, 2009, with the above change.  Mitchell abstained since he was absent on November 16, 2009.

 

      Colver asked to add to the first paragraph of the November 19th minutes that Tom DiMartini represented the news media and he changed the adjournment time to 8:20 p.m.  On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the minutes of November 19, 2009, with these two changes.

                 

4.   WOODRIDGE FALLS III - PUBLIC HEARING ON ZONING AMENDMENTS

 

                  INFORMATION       

 

                  The Board needs to approve/disapprove the zoning amendments.

           

      DISCUSSION

     

      Bruno said there are three items for tonight regarding Woodridge Falls:  a public hearing on the zoning amendments which involve a change to the traditional village section and rezoning of a portion of the property from MDR to HDR; the second item is a public hearing for conditional use conditioned on the zoning amendments being approved; and the third item is the applicants final plan approval.  Bruno said the applicant received preliminary plan approval back in October.  Bruno added the developer received comments from the Township Engineer on the final plan and they were before the Planning Commission and received recommendation for approval from the Planning Commission on each of these items.  Bruno said this is the first time the final plan is before this Board.  Bruno said we recently received a letter from the applicant’s attorney dated November 20, 2009 attempting to address issues regarding recreation fees and open space land and storm water management issues.  Bruno said at this point the township hasn’t received all the information to fully evaluate the proposal and with that being said, he would recommend the final plan aspect of the proposal be held up until the township receives all the information from the Township Engineer. 

 

      Jim Preston, Broughal and DeVito, Attorney for the Applicant, said there are a lot of complexities in this application.  It involves zoning text amendments that brings into play conditional uses, which require the applicant to comply with some additional requirements above and beyond the normal requirements.  Preston said there is the need for more information related to off site engineering issues.  Preston said he would like to propose we not proceed with the hearings tonight, that the hearings be held on December 29.  Preston said at the Boards December 7th and 21st meetings we would like action on the land development plan.  Preston said he believes the township needs to act on the land development plan before the zoning text amendments.  Preston said he would like to have the engineer report submitted and reviewed for the December 7th meeting so we know where to go from there.  Preston said that would allow us the December 21st meeting to take action on the land development plan only, and assuming it’s approved it would be followed-up by a written decision letter and could be finalized at the December 29th meeting. 

 

      Colver said this is a lot to do in one night but he personally believes the applicant is just about there.  Colver said he likes the idea of doing the land development first.  The Board agreed to place the final plan on the December 7th agenda.  Bruno asked if Mr. Preston had a letter for the township requesting a continuance.  Preston presented a letter to Attorney Bruno.  Bruno said the letter grants an extension of time until December 31, 2009.  Bruno confirmed the extension request is to hold a hearing not for final action.  Preston said that is correct.  Bruno said the public hearing on the zoning amendments will be continued to December 29th along with the conditional use application being continued until the 29th.  The discussion on the plan will be held on December 7th.  Bruno said he would recommend if the plan is approved on the 7th that it be conditioned on the zoning amendments and conditional use being approved at a later date.

 

      Lammi made a motion to approve the applicants request to continue the public hearings on the zoning amendments on December 29, 2009.  Smith seconded the motion.  Bruno said it is a date certain continuance until December 29, 2009.  Bruno said anyone that is here tonight for this item is now receiving notice that it will be continued on December 29, 2009. 

 

      Anthony Lauro, 1326 Wayne Street, asked if the December 7th meeting is a closed meeting.  Bruno said no, all meetings are open to the public.

 

      Abe Atiyeh asked if they couldn’t complete the public hearing now and then just hold the vote until December.  Lammi said he was trying to figure out the best way to make this happen - dealing with three very important discussions and deliberations.  Lammi said he would much rather it be broken into pieces.  Atiyeh said the Township Engineer is on vacation now for two weeks.  Ron Gawlik from the Pidcock Company said Brian Dillman is on vacation for one week and stated The Pidcock Company had a discussion with the applicant’s engineer and they received plans from the applicant’s engineer last Thursday.  Gawlik said we were told to put those plans aside and another design is forthcoming.  Gawlik said we have set a meeting for next Tuesday with the applicant’s team to go over the proposal.

 

      Bruno confirmed Mr. Preston is representing the applicant and that the attorney and applicant are on the same page.  Atiyeh said that is correct.  The motion was agreed by all.

 

5.   WOODRIDGE FALLS III – PUBLIC HEARING ON CONDITIONAL USE APPLICATION

 

                  INFORMATION       

 

                  The Board needs to approve/disapprove the conditional use.

 

      DISCUSSION

 

      Bruno requested the stenographical record be opened for the conditional use hearing information.  Bruno said the conditional use request was advertised by the township at the request of the applicant, Palmer LP and Woodmont Properties, Palmer LP.  Bruno said tonight prior to opening the stenographical record there was a discussion with the applicant, Mr. Atiyeh and his Attorney, Jim Preston to have a continuance on the conditional uses on December 29, 2009 rather than this evening.  Bruno noted the township was prepared to have the hearing tonight, however Attorney Preston presented information and asked that the item be continued until December 29, 2009.  Bruno entered the following item to the record:

 

      T-1      Letter dated November 24, 2009 from Attorney Preston granting an extension until December 31, 2009 for Palmer Township to render a decision previously applied for.  Bruno clarified it is not an extension to render a decision but an extension to hold the hearing by December 31, 2009.  The law requires 45 days after the hearing to render the decision letter.  Preston agreed the extension is for the purpose of holding the public hearing.  Bruno confirmed the hearing will be held at this same location on December 29, 2009.  Mitchell made a motion to approve Mr. Preston’s request to continue the public hearing on the conditional use application at the December 29, 2009 Board of Supervisors meeting.  The motion was seconded by Supervisor Lammi.

     

6.      WOODRIDGE FALLS III – FINAL PLAN APPROVAL

 

      INFORMATION       

 

      The Board needs to approve/disapprove the final plan.

 

      DISCUSSION

 

      Bruno said the third item on this project that was on tonight’s agenda is the final plan and the applicant is wishing to table that item until the December 7, 2009 Board of Supervisors meeting.  Smith made a motion, it was seconded by Lammi, and agreed by all, to table the final plan decision until the December 7, 2009 Board of Supervisors meeting.

 

7.      DISCUSSION REGARDING PROPOSED DEVELOPMENT PLAN FEE SCHEDULE

 

      INFORMATION       

 

      The Board needs to approve/disapprove implementing a development plan fee to begin in 2010.

 

      DISCUSSION

 

      Carman said this was briefly discussed at the budget hearing last week and the staff proposed a new line item in the 2010 budget to cover subdivision and land development fees that would come to the township.  Carman said we are the only township in the area that doesn’t charge a fee.  Carman said she is also proposing increases to developer escrow amounts.  Carman said we are finding we are in the red in developer accounts because we have them posting too low of an escrow at start-up.  Colver asked if it was legal to request these fees.   Bruno said as long as it is reasonably related to the time and effort of the township staff.  Lammi asked if the fees are the same at other township’s you researched.  Carman said other townships in the area are all over the place in the amounts they charge and on how they calculate their amounts.  Carman said some do it by acreage, lot size, etc.  Carman said she thought it was best to come up with something simple and is proposing a flat fee.  Carman said she gave a copy of her proposed amounts to the Township Engineer and is waiting for his input before we take final action.  Carman said she estimated $12,000 in the line item of the 2010 budget.

 

8.   BID AWARD FOR TRAILER MOUNTED SELF PRIMING PORTABLE BY-PASS PUMP

 

                  INFORMATION       

 

                  The Board needs to approve/disapprove the bid for a trailer mounted self priming portable by-pass pump.

 

                  DISCUSSION

 

      On motion by Lammi, seconded by Smith, and agreed by all, the Board accepted the bid for the trailer mounted self priming portable by-pass pump from the sole bidder, ENVIREP Inc., in the amount of $36,775.

 

9.   TOWNSHIP ENGINEER CAPITAL PROJECTS UPDATE

 

      INFORMATION       

     

      The Township Engineer will update the Board on the status of all capital projects.

 

      DISCUSSION

 

                  Ron Gawlik said the Greenwood Avenue utility relocation is nearly completed.  The sanitary work is done, and the storm sewer is 50% completed and it should be completed by mid-December.  Gawlik said then work will shut down until March when they will start back up with projected completion in July.  Adams said UGI may be doing some gas main work in the middle of December on Freemansburg Avenue.  Colver said Met Ed moved all the poles at their cost.

 

                  Gawlik said three or four days of paving are remaining in the Fox Run development and then in spring they will grade and seed the basin.  Colver asked if the roads will get done and turned over to the township in time for winter plowing.  Bruno said it should be done.  Smith said a resident asked him if the street lights are going to be shielded in any way.  Gawlik said he would have to look at the plan.  Adams said if it shines directly into a resident’s picture window we can add a shield.

 

11. PUBLIC COMMENT

 

David Behar, 18 Lower Way Road, said he is trying to understand the decision making process for zoning changes and if you reach out to the residents.  Lammi said the zoning change discussed tonight is a very small parcel.  Carman said the majority of the property was already zoned HDR, there is just one sliver that is MDR and we are making it consistent.  Colver said there are public hearings advertised and held and neighboring residents get notified.  Behar asked if you ever change large parcels of land from one zoning to another.  Lammi said yes we just did it for a parcel on a large side of a hill that didn’t make sense for large family homes and we rezoned it for town homes which we believe is a better fit. 

     

12. REPORTS

       

      Solicitor

·        Bruno had a request from TCAAB for the property at 3353 William Penn Highway requesting an extension until October 31, 2010 to enter into an improvements agreement and record their plan.  On motion by Smith, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the extension request.

·        Bruno had a resolution for accepting the Howard Lane right-of-way for Wolfs Run, Phase 7.  Bruno said the Deed of Dedication is ready for acceptance.  On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the resolution.

·        Bruno said he received the deed of dedication from the developer for Wolfs Run, Lot 5, Phase 7 for the dedication of open space.  No action needed tonight.

·        Bruno said the sidewalk and utility easement agreement with IDI was previously approved.  Bruno had an agreement accepting the easement.  On motion by Lammi, seconded by Smith, and agreed by all, the Board authorized the Chairman to sign the agreement. 

·        Bruno said he received notification of a tax assessment appeal by PR Palmer Park Mall.  Bruno asked the Board if they wanted him involved in the process.  On motion by Lammi, seconded by Panella, and agreed by all, the Board authorized the solicitor to enter his appearance and request intervention of the appeal.

·        Bruno said the developer of the Majestic property, Cabot II, has also filed a tax assessment appeal.  On motion by Lammi, seconded by Panella, and agreed by all, the Board authorized the solicitor to get involved in the appeal process. 

·        Bruno said he received a decision today from Judge McFadden on the condemnation issues raised by Gillen, Baranowski, and McCann denying their request to have the appraisal cost paid in advance of any hearing.  Bruno said we contested and the court agreed the township should not be paying any cost in advance.

·        Bruno said another decision related to Gillen, Baranowski, and McCann where they filed a request for preliminary injunction against Palmer Township, we opposed that request and the court entered a decision dismissing the preliminary injunction. 

·        Bruno had two real estate items for executive session.

     

      Planning Director

·        Carman asked if there were any issues or comments on the upcoming Zoning Hearing Board agenda.  There were none.

·        Carman said Jane Schmidt submitted a petition on behalf of residents of Mill Race.  They are requesting tax dollars be returned since they still don’t have any street lights.  Colver said it is in Met Ed’s hands to get the lights turned on.  We submitted our paperwork to get the lights turned on.  Lammi said back in 2005 we had a discussion about the street light process.  Lammi asked if there is something we can do from a procedural standpoint to get these lights on earlier.  Colver said he asked Bruno before if we can’t put something in the improvements agreement.  Lammi asked the Planning Director to look into improving this process and see if anything can be changed.

 

      Public Services Director

·        Adams wished everyone a Happy Thanksgiving. 

·        Adams said related to the Fox Run development we have had our share of obstacles but the Solicitor’s office has been very helpful in keeping things on course.

     

      Police Chief

·        Fretz said they are currently holding their aggressive driving enforcement on Route 248.

 

      Supervisors

·        Colver had one personnel item for executive session.

 

      On motion by Mitchell, seconded by Panella, and agreed by all, the meeting was adjourned at 8:05 p.m. with two real estate and one personnel item for executive session.

     

Respectfully submitted,

 

 

Robert G. Anckaitis

Township Manager