PALMER TOWNSHIP BOARD OF SUPERVISORS

GENERAL BUSINESS MEETING

AUGUST 17, 2009

A general business meeting of the Palmer Township Board of Supervisors was held on Monday, August 17, 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, Supervisor of Public Services, Police Lieutenant and the Township Solicitor. Chris Baxter 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 – AUGUST 17, 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 August 17, 2009.

3. APPROVAL OF MINUTES – JULY 28, 2009

DISCUSSION

On motion by Lammi, seconded by Smith, and agreed by all, the Board approved the minutes of July 28, 2009.

4. 25^TH STREET STORMWATER MANAGEMENT IMPROVEMENTS

INFORMATION

The Board needs to approve/disapprove the proposed improvements.

DISCUSSION

Township Engineer Brian Dillman distributed a sketch to the Board that was presented from the developer’s engineer. Dillman said the mainstay of the project has been the regional detention basin and how the water will be channeled to 25^th street. Dillman discussed the sketch with the Board. Dillman said he believes the developer understands there is some amount of work they will be required to complete and they are looking to the township to inform them on the amount of work they need to do. Colver said he knows there is a need to catch what is there and this is a good starting point. Colver said to ask the developer if they can make this work. Dillman said the developer is leery of getting into a review cycle with Penndot. Dillman said this is not road improvements so it would be handled differently through the Penndot process. Dillman is going to draft a letter to Mr. Atiyeh and he will have the townships review it before it is sent to the developer.

5. ESTATES AT PENN’S GRANT ESCROW DISCUSSION

INFORMATION

The Board needs to discuss escrow release amounts for the Estates at Penn’s Grant.

DISCUSSION

Colver said he and the township staff met with representatives today from the Estates at Penn’s Grant. They currently have $425,000 in escrow with some work to finish: street trees, curbing and road topping. Colver said they told us they solicited prices to finish the work and they came up with a cost of $225,000 to complete the remaining work. Colver said the Municipal Planning Code allows the township up to 10% a year in fees for work that remains to be completed. Colver said at a previous meeting we approved increasing their escrow from $425,000 to $625,000 as recommended by the Pidcock Company. Colver said they are saying they feel that the $425,000 is more than adequate since they can do the work for $225,000. Colver said they are asking for this Board to reconsider the last decision to increase their escrow.

Dillman said we provided an analysis of what is available to you and that’s where the suggested increase came in. Dillman said today there are many projects that need to tap into security and it is becoming more prevalent in the Lehigh Valley. Fox Run is an example in Palmer Township. Dillman said in this instance there are extenuating circumstances. Dillman said he feels there is a $120,000 difference between our number and their number of $225,000. Colver said their entity is a private road that is maintained by a homeowners association with 14 remaining lots. They have a $38,000 release they requested and they said it was denied because of the $195,000 additional escrow we asked for. Colver asked that the Township Engineer get the numbers together so we know exactly what we are looking at. Colver said in the meeting today there were a lot of numbers flying around. Colver said if there is $300,000 worth of work to compete and we have $425,000 left in escrow, obviously we should be okay. Colver asked that the numbers be brought back to this Board either next week or at the following meeting.

6. FOX RUN ESTATES DISCUSSION

INFORMATION

The Board needs to approve/disapprove payment to Allan Myers.

DISCUSSION

Bruno said this is a request for release of security and the developer is looking for a release of $147,802. Bruno said the Pidcock Company recommends a release of $117,736 and the Planning Director supports the Pidcock Company amount. Dillman said there are 7 items they are asking for full payment on some of the items still need to be completed like fencing, sidewalk and driveway aprons. Dillman said he feels you should not release the money for the sidewalk since it is not done. The $117,736 retains money for sidewalk work, driveway, and the detention basin and recreation facilities. Bruno said this money according to the addendum is going to be released to the contractor on behalf of the developer. Colver said they are requesting $147,802 – we will give them $117,736 and they will get the rest when they finish the incomplete work.

On motion by Lammi, seconded by Smith, and agreed by all, the Board authorized the Township Manager to process the payment to Allan Myers in the amount of $117,736. Colver suggested the Solicitor send a letter with the release with the background documents since the number is different than what they may be expecting.

7. CHARLES CHRIN COMMUNITY CENTER GARDEN DISCUSSION

INFORMATION

Members of the garden committee will be present to make a presentation. The Board needs to approve/disapprove the concept of what the committee is working on and approve an approximate dollar amount to be used for the project.

DISCUSSION

Anckaitis introduced landscape architect, Jamie Collins, a township resident that lives on Berks Street. Anckaitis said he found out about her credentials and talked to her when we found out we had a $50,000 garden project. Since then the project has grown another $180,000. Anckaitis said he asked Jamie if she’d be interested in helping and she said yes and has agreed to continue even though it’s a much larger project. Anckaitis said in your packet is a drawing that Jamie provided and Scott Kistler is also part of the committee and is here tonight. Anckaitis said tonight we are asking you to give us some guidance on the location of the gardens and the amount of money you want us to spend on the project. Anckaitis said his thought is that the tax payers should never have to pay a dime to maintain this garden. Anckaitis said if you agree with the location we are proposing - Scott suggested we put the walking path in this area before the garden is built so we won’t tear up the garden at a later date. Colver said five years ago it was discussed that it would be an 8 or 10 foot wide walking path with millings in it, not paved. Kistler estimated a paved path would cost approximately $11,500. Colver said he feels we could use a less than 12 foot wide path in this area. Panella said she can see this as a tranquil walking path with gardens. Lammi said if it isn’t paved it would be more conducive to a walking path not skateboarders and/or bikers. Mitchell said he feels it would make more sense to not have it paved.

Jamie Collins said Scott suggested the location and what she liked about it is that it is visible from Route 22 and it will help give some setting to the building. Collins also recommended doing an evergreen buffer around the detention basin that will also give the center some setting. Collins said you hear the big tractor trailers but the rest of the cars passing by are quite soothing. Collins said she pictures a quiet sitting area with possible water features, very easy to install level patios with a seat wall that lends you built in seating and will put your back to Route 22 and give you the community center property as your view. Collins said possibly some split rail fence with roses over it. Collins said we could spruce up the main entrance of the center and carry some of those elements throughout the property. Collins said it will be a dramatic difference when you enter the property which would be nice. Collins said she liked that it is adjacent to the detention basin where some education could take place. Collins said detention basins don’t have to be ugly. Lammi said he liked the ideas for the detention basin and it could be an example of how they could be done in other areas in the township. Colver said we have to remember that this spot is located 100% in Bethlehem Township, not Palmer. Those detention basins are to be managed basins by Bethlehem Township specifications. Colver said you will have to have some permitting through Bethlehem Township for landscape walls, electric and water. Lammi said we should talk to Bethlehem Township because this will be maintained by us even though it is located in Bethlehem Township. Colver said he would suggest it get discussed with Bethlehem Township Planning Director Howard Kutzler before you move forward. Smith asked if irrigation would be provided. Collins said it depends on how much water we can get out there. Collins said you can set up temporary irrigation systems or have someone that can do a lot of watering. Collins said we can design for a drought type situation but to get it started you need to get it a lot of water. Bruno suggested once a concept is finalized it could also be run by Mr. Chrin. Collins said another suggestion was next to the Campbell property. It is a nice area for the gardens and it has a nice picnic grove feel to it, but she believes that site could be an easy sell if we have people in the future that would like to donate money to do something at the center. Colver said getting water to the Campbell site is much easier.

Lammi said he agrees with everything Jamie presented and he likes the proposal. The Board agreed. Lammi said if we have to go to Bethlehem Township we will. Kistler asked how the Board wants to split the money so Jamie can start work on her design. Colver said if you have $230,000 he feels maybe 60% for the developing and 40% for the perpetual maintenance. The Board agreed to budget 50% for development and 50% for perpetual maintenance with a walking path only, not macadam. Colver asked the committee to give them an update in another six weeks after contacting Bethlehem Township and Supervisor Smith taking it to the recreation board.

8. ATHLETIC ASSOCIATION PRESENTATION

INFORMATION

The Palmer Athletic Association asked to be placed on the agenda to discuss background clearances for coaches.

DISCUSSION

Catherine Curcio was representing Attorney Margle’s office and said they are aiding in the development for background checks for individuals associated with Athletic Association (AA) to ensure the safety of the children. Curcio said the AA has a basic idea of what they would like to do but we will help with the drafting of policies and implementation for the most cost effective way to do this. Lori Fulmer from the AA said she would email the township a copy of the AA proposal. AA representative Jim McDonald said many parents have asked about this procedure and both he and Lori are familiar with these types of checks through their jobs. McDonald said the AA believes that checks should be done and as a voluntary organization we are not in a good place to manage the process of the background checks. It involves protective information and must be stored according to HIPAA laws. McDonald said even though the people we now have on the Board could manage it who knows what future board members would be able to do. McDonald said there cannot be any loop holes in this procedure. McDonald said with recent events in the community this is being looked at and asked for more often. McDonald said we put together a proposal that includes three types of clearances that are available in Pennsylvania: the criminal background check, an FBI clearance which encompasses different states and the child abuse clearance. We are proposing using two types, the FBI clearance and the child abuse clearance. McDonald said the cost for the FBI clearance is $60 and the child abuse clearance is $15. Option 1 suggests coaches themselves pay for the clearances and then they would own the clearance and supply a copy to the township. Option 2 is what we support and that is an allocation of fees to cover the cost of the clearances and then the township would own the clearances and maintain them accordingly. McDonald said there would be no need for reapplication as long as a coach has continual service coaching in the township. We consider continual service coaching season after season. If a coach misses a season they would have to reapply. McDonald said all commissioners would have to provide a list of coaches eight weeks prior to the season. The turn around for clearances is about four weeks. Once the individual receives a clearance they would receive a coaches t-shirt that would only be given to cleared coaches. Parent helpers would be responsible for the cost and fees associated with the background checks and would have to provide a copy to the township. McDonald said it was also suggested that a committee be formed to review clearances that may have a prior incident listed. McDonald said we all know there are people who may have an incident on their record from back when they were young that could show up. It was suggested a representative from the recreation board, the AA and a township police officer form a committee to consider any clearances that had prior offenses to determine if the individual is safe to work with our kids. McDonald said they will also be giving each applicant an opportunity for disclosure if they have something on their record from years back to come forward and tell us before the clearances are processed. McDonald said again they are proposing the township maintain the records in compliance with current HIPAA laws.

Smith said he asked the AA to get involved with this because we are getting bombarded with requests. Smith said leagues we play in are saying you can’t play unless you have background checks. Colver asked how many people we are talking about. Lori said approximately 200. Anckaitis said approximately $15,000. McDonald said in many cases it is a one time fee because they continue to coach year after year. Anckaitis asked why they didn’t consider attaching the fee to the families that enroll their kids in the programs. Anckaitis said he is big on having the users paying the fees, not the residents who don’t use the athletic association. Colver said he agrees with Bob Anckaitis. Fulmer said it is a small price to pay for the safety of the children. Smith said he does not think the AA could pay the big hit for the first year. Anckaitis said you raised the point that parents are pushing for this then they shouldn’t be fighting paying a fee to cover the clearances. Colver said can you have a $35 fee and then another fee for the background checks. Bruno said he thinks it should be included in one fee. Smith said if we collect the fees one of our biggest concerns is maintaining the paperwork. Would it be possible to have a locked area in the township to store the materials? Panella said a lot of times the companies will keep the records for you and will flag a clearance if anything needs to be noted. Panella said you don’t necessarily want to have these records where anyone can get at them. Colver said lets face it – it has to be done. Colver said he liked the idea with it all being paid by the users in their registration fees - residents who don’t have kids shouldn’t have to pay for it. The Board agreed. McDonald said they will not start the clearance process until all the policies and procedures are final and the money is available to pay for the fees.

9. MAPLE SHADE ESTATES INTERMUNICIPAL AGREEMENT

INFORMATION

The Board needs to approve/disapprove the intermunicipal agreement.

DISCUSSION

Bruno said this is being recommended for execution by Paul Hosking and the Palmer Township Municipal Sewer Authority. Bruno reviewed the highlights of the agreement with the Board.

On motion by Lammi, seconded by Smith, and agreed by all, the Board authorized the Chairman to sign the agreement.

10. PENNDOT SHARED USE AGREEMENT

INFORMATION

The Board needs to approve/disapprove the agreement.

DISCUSSION

Bruno said this is a resolution for something you previously approved. Bruno said you agreed to maintenance and construction of shared paths that cross over state roads. Penndot requires a resolution and it should be backdated to agree with the date you approved the agreement.

On motion by Mitchell, seconded by Smith, and agreed by all, the Board approved the Penndot shared use resolution.

11. MORAVIAN CHURCH PARKING REQUEST

INFORMATION

The Moravian Church’s Board of Trustees have requested no parking and handicap parking signs along a section of the northerly side of John Street adjoining the Church property. Their request was reviewed in the field between the Traffic Safety Committee and Pastor Kleintop and Assistant Pastor Melissa Johnson. As a result of the field meeting the proposed signage shown on Attachment A is recommended to the Board of Supervisors for their consideration. The Board needs to approve/disapprove the parking request.

DISCUSSION

Adams said the committee didn’t have a problem with their no parking sign request. Adams said the three handicapped spots according to ADA requirements need to be 13’ wide which would require either a 5’ curb and street bump out towards the church or a wider John Street. Adams recommended the church continue to use their existing on-site handicap parking spaces for those purposes while designating the three off-site street parallel parking spaces as “reserved for church parking”.

On motion by Smith, seconded by Mitchell, and agreed by all, the Board approved the recommendation made by the traffic committee for one “no parking” sign and three “reserved for church parking” signs on John Street.

12. VILLAGES AT MILL RACE, PHASE IV, ESCROW RELEASE #5

INFORMATION

The Board needs to approve/disapprove the escrow release.

DISCUSSION

On motion by Lammi, seconded by Smith, and agreed by all, the Board approved escrow release #5 for the Villages at Mill Race, Phase IV, in the amount of $100,642.09, conditioned upon the numbers being reviewed and approved by the Township Engineer.

13. AKSADE FENCE AGREEMENT

INFORMATION

The Aksades are requesting to install a 5’ high white vinyl privacy fence on their property within a 10’ wide drainage and fence maintenance easement located adjacent to the Fox Run detention basin. The agreement requires the proposed privacy fence to be offset 6 inches from the rear property line and proposed 4’ high vinyl coated chain link fence required to be installed by the developer around the Fox Run Detention Basin. A signed and notarized agreement will be brought to the meeting. The Board needs to approve/disapprove the fence agreement.

DISCUSSION

On motion by Panella, seconded by Smith, and agreed by all, the Board approved the Aksade fence agreement for their property at 134 Lower Way Road.

14. PUBLIC COMMENT

None

15. REPORTS

Solicitor

· Bruno had an extension agreement for Prologis requesting an extension until September 30, 2009 to complete improvements. Security is extended well beyond that date. Pidcock has done a detailed review of what needs to be completed. On motion by Panella, seconded by Mitchell, and agreed by all, the Board authorized the Chairman to sign the agreement.

· Bruno said the Joseph I project is moving forward and they have executed their land development improvements agreement and provided a letter of credit. Bruno said your original approval was conditioned upon security being satisfactory to the township solicitor’s office and it is now ready for execution. On motion by Lammi, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the land development improvements agreement.

· Bruno had a land development improvements agreement for the Crossroads of Nazareth LLC. Bruno said Dr. Salib has signed the agreement and provided security. On motion by Mitchell, seconded by Panella, and agreed by all, the Board authorized the Chairman to sign the agreement.

· Bruno said the Villages at Mill Race, Phase 3, received seven storm sewer easement agreements granting the township easements in the subdivision that require the Chairman’s signature. On motion by Lammi, seconded by Smith, and agreed by all, the Board voted to accept the easements and authorized the Chairman to sign the agreements.

Township Manager

· Anckaitis said effective today some changes were made within the sewer department. Anckaitis said we flip flopped Dave Goerlich and Dan Sigafoos’ positions. Dave will now be in charge of the crew. Also, we gave Scott Kistler the responsibility of overseeing all three departments, roads, parks and sewer. Dave will report to Scott and Scott will report to Paul. This will allow Scott to handle all the manpower and be able to move people around where needed.

· Anckaitis said we received the bond money and it is just a little over $3 million. If you saw the Pidcock letter, they are projecting $1.8 million for construction at Greenwood Avenue and then construction management fees of $145,000 to $160,000, so approximately $2 million. $900,000 goes for the land by the public works facility and there is $80,320 of outstanding Pidcock bills that are being held that now gets paid out of the new bond money. Anckaitis said he wanted to make everyone aware that if we go a little over on anything we will be over budget. Colver said for once the bids for Greenwood Avenue should come in less than the Pidcock estimates.

· Anckaitis thanked everyone that attended the Bushkill Drive dedication in memory of his father last week.

Public Services Director

· Adams said the Borough of Tatamy requested no truck signs in the township by the Commerce Center where they were using Mill Race Drive. They requested the signs through Penndot and Penndot said the signs needed to be put up on Palmer’s property.

Supervisors

· Colver reminded everyone that community weekend is this week and a movie in the park is scheduled for Wednesday night.

On motion by Mitchell, seconded by Panella, and agreed by all, the meeting was adjourned at 9:26 p.m.

Respectfully submitted,

Robert G. Anckaitis

Township Manager