REGULAR PUBLIC MEETING DECEMBER 21, 2009

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1 1 REGULAR PUBLIC MEETING DECEMBER 21, 2009 MEMBERS PRESENT OTHERS PRESENT CALL TO ORDER Paul Weiss, President Arthur Murphy, Vice President Jerry Batcha, Commissioner Michael Hudak, Commissioner Thomas Nolan, Commissioner Jon Hammer, Township Manager James Broughal, Township Solicitor Brian Dillman, Pidcock Company (Township Engineer) Andrew Freda, Director of Finance Steve Hunsberger, Director of Physical Plant and Information Systems Doug Bruce, Assistant Township Manager Mr. Weiss called the meeting to order at 7:01 p.m. COURTESY OF THE FLOOR SCOTT BOSCO GLN CONSTRUCTION MANAGEMENT Scott Bosco of GLN Construction Management Inc. of Bloomfield, Connecticut, said his firm s parent company, Griffin Land & Nurseries Inc., was in its due diligence period while considering buying the Fritsch Drive property previously being developed by Opus Development. Mr. Bosco said Griffin Land & Nurseries, which is publicly traded on NASDAQ, is involved primarily in farming, for both nursery stock and vegetables, and in real estate development. Mr. Bosco said the company has no problem with completing infrastructure improvements for the site previously agreed to by the township and Opus Development. Mr. Bosco said his company plans to send a letter to the township outlining its plans for the site and to present those plans at the board s second meeting in January EMIL KANTRA, ATTORNEY Attorney Emil Kantra said he was speaking on behalf of Dr. Atul Amin and was presenting a revised sketch plan for Dr. Amin s proposed development at the northwest corner of Bethman Road and William Penn Highway. At its December 7 public meeting, the board voted 3-2 in a straw poll not in favor of seeing this plan again. Mr. Kantra said the following changes had been made to the plan presented to the board December 7: (1) the number of access points to William Penn Highway was reduced to one; (2) additional landscaping had been included; (3) two-way traffic on the internal traffic circle had been added in direct response to comments from the township s engineer; (4) parking had been reduced by 99 spaces to add more green space to the site; (5) the proposed bank had been replaced with a non-specific pad site. Mr. Kantra said he was presenting the revised sketch plan to the board and looking for feedback on the proposed changes. Mr. Batcha said the plan didn t look much different from the one presented to the board two weeks previously. Mr. Batcha said there were the same number of overall uses, even with the change in the bank pad site. Mr. Batcha said the revised plan did not address one of the board s major objections to the original plan that there were too many uses.

2 2 Mr. Kantra asked if the board s straw poll vote from December 7 would be changed in response to the revised sketch plan. Mr. Weiss said the board would not take another straw poll tonight. The board took no further action on the matter. APPROVAL OF MINUTES Mr. Batcha suggested four minor changes and Mr. Murphy suggested one minor change to the proposed minutes of the December 7, 2009, regular public meeting. Upon motion (Murphy-Nolan), the Board of Commissioners voted unanimously by voice vote to approve the minutes of the December 7, 2009, regular public meeting as amended by Mr. Batcha and Mr. Murphy. PUBLIC HEARINGS ORDINANCE AN ORDINANCE ADOPTING A BUDGET AND APPROPRIATING FUNDS ESTIMATED TO BE REQUIRED FOR THE PURPOSED OF THE GOVERNMENT OF THE TOWNSHIP OF BETHLEHEM, AND FIXING THE REAL ESTATE MILLAGE RATE FOR THE 2010 FISCAL YEAR. Mr. Weiss opened the public hearing on Ordinance at 7:17 p.m. There were no public comments and the hearing was closed at 7:18 p.m. Upon motion (Nolan-Hudak), the Board of Commissioners voted unanimously by voice vote to adopt Ordinance as presented. Mr. Batcha asked if the administration had contacted all the internal and external agencies whose budgets had been changed at the last budget session. Mr. Hammer said all agencies had been contacted and informed of the changes to their budgets. ORDINANCE AN ORDINANCE AMENDING CHAPTER 18, SEWERS AND SEWAGE DISPOSAL, PART 3, RENTALS AND CHARGES, SUBSECTION 302, SEWER RENTALS OR CHARGES, OF THE TOWNSHIP OF BETHLEHEM CODE OF ORDINANCES, FOR THE PURPOSE OF REVISING THE CONSUMPTION-BASED BILLING RATE STRUCTURE OF THE SANITARY SEWER SERVICE IN THE TOWNSHIP OF BETHLEHEM, AS PREVIOUSLY AMENDED PER ORDINANCE Mr. Weiss opened the public hearing on Ordinance at 7:19 p.m. There were no public comments and the hearing was closed at 7:19 p.m. Upon motion (Hudak-Murphy), the Board of Commissioners voted unanimously by voice vote to adopt Ordinance as presented. ORDINANCE AN ORDINANCE FURTHER AMENDING CHAPTER 15, MOTOR VEHICLES, PART 3, SUBSECTION 302, VEHICLE WEIGHT LIMITS ESTABLISHED ON CERTAIN STREETS AND BRIDGES, OF THE TOWNSHIP OF BETHLEHEM CODE OF ORDINANCES. SUBDIVISIONS AND LAND DEVELOPMENT Mr. Weiss opened the public hearing on Ordinance at 7:20 p.m. There were no public comments and the hearing was closed at 7:20 p.m. Upon motion (Murphy-Nolan), the Board of Commissioners voted unanimously by voice vote to adopt Ordinance as presented.

3 3 RESOLUTION R A RESOLUTION APPROVING A MINOR PLAN CHANGE FOR THE MINOR SUBDIVISION FOR MARK AND PAULA BONSTEIN. Mr. Murphy recused himself from discussion and voting on the resolution. Mr. Kutzler said the board, by Resolution R053-09, had approved a minor subdivision plan by which the Bonsteins would divide an existing lot into two lots to allow for the construction of a new single-family detached house. Because of some procedural difficulties, Resolution R now needed four waivers, Mr. Kutzler said. The township s staff considered these to be minor waivers and recommended their approval, he said. Mr. Kutzler said this resolution also has to be approved by the Planning Commission. The subdivided property is scheduled for closing in January; because of these time constraints, the matter was expeditiously placed before the board at tonight s meeting, Mr. Kutzler said. Mr. Weiss asked if the township s engineer had any questions or concerns about the resolution. Mr. Dillman said no. Upon motion (Hudak-Nolan), the Board of Commissioners voted unanimously by voice vote to approve Resolution R as presented. RESOLUTION R A RESOLUTION GRANTING CONDITIONAL USE APPROVAL TO THE OFF-STREET PARKING LAYOUT OF ST. LUKE S HOSPITAL RIVERSIDE COMPLEX PHASE I PLAN. Mr. Broughal said the resolution included two conditions for approval, one being St. Luke s entering into the Master Development Agreement for the full build of the Freemansburg Avenue corridor. Upon motion (Batcha-Nolan), the Board of Commissioners voted unanimously by voice vote to adopt Resolution R as presented. RESOLUTION R A RESOLUTION GRANTING CONDITIONAL APPROVAL OF THE ST. LUKE S HOSPITAL RIVERSIDE MEDICAL COMPLEX, PHASE 1, REVISED PRELIMINARY/FINAL PLAN. Mr. Kutzler provided a brief overview of the resolution and the planned medical complex, and said the township s staff recommended approval of the resolution. Mr. Broughal noted a mistake in the proposed resolution: In Section IV, Paragraph 1, the referenced resolution should be R025-07, not R Mr. Weiss asked if St. Luke s had any concerns regarding recommendations made by the township s Public Safety Committee and referenced in the resolution. Attorney Blake Marles, speaking on behalf of St. Luke s, said no. Attorney Emil Kantra, representing adjacent property owner Dr. Atul Amin, presented the board with a letter he had written to Mr. Broughal and concerning how the revised St. Luke s plan affects Dr. Amin s proposed development on adjacent land. Mr. Kantra said Dr. Amin in 2002 had proposed a development with direct access via Cimino Lane to Freemansburg Avenue. Mr. Kantra said this access plan met with resistance from the board, which voted down Dr. Amin s proposal, which is now subject of an appeal in Northampton County Court.

4 4 Mr. Kantra said his client in 2004 understood the board s resistance was based on the township contemplating a complete redesign of the Freemansburg Avenue corridor. In effect, Mr. Kantra said, his client s development was held up while everyone else caught up with us. Mr. Kantra said his client revised his plans, eliminating direct access to Freemansburg Avenue, with the understanding that the township would require the adjacent developers to provide alternate access by building Emrick Boulevard West and connecting it with Dr. Amin s property. Mr. Kantra said now St. Luke s has no plans to complete Emrick Boulevard West and the township has no plans to require such completion in the first phase of St. Luke s development. Mr. Kantra said his client is now faced with either waiting for St. Luke s to fully build Emrick Boulevard West at some undetermined time in the future, or moving forward with the original plan of directly accessing Freemansburg Avenue a plan the township originally opposed. Mr. Kantra said that his client had gutted and redesigned his project for the second time in seven years because the township has changed its mind. That s not fair, Mr. Kantra said. He said he was here tonight to object to the resolution being considered and ask the board to honor its prior commitment to his client. Mr. Broughal said there is a third option, outlined in Exhibit A of the proposed resolution, in which St. Luke s would convey an easement to the township for use as access to Freemansburg Avenue. Mr. Broughal said the resolution requires St. Luke s to build Emrick Boulevard West, but not to connect it to Dr. Amin s proposed development. Mr. Weiss said a lot of the facts stated by Mr. Kantra are correct. However, Mr. Weiss said it was his recollection that the township was not opposed to Dr. Amin s project having direct access to Freemansburg Avenue, but rather the township preferred the use of Emrick Boulevard West. Mr. Weiss said he takes issue with some of the things Mr. Kantra said. Mr. Weiss said Dr. Amin still has the option of building out to Emrick Boulevard West to get access to Freemansburg Avenue. Mr. Batcha said his recollection was that any direct access from Freemansburg Avenue to Dr. Amin s project would have to be right in, right out, meaning vehicles would be able to enter or exit the property only by turning right. Mr. Batcha asked if Dr. Amin s development team and St. Luke s had discussed this issue. Mr. Batcha said he agreed substantially with most of what Mr. Kantra said and that the township hadn t wanted too many access points on Freemansburg Avenue. Mr. Marles, speaking on behalf of St. Luke s, said two years ago there were extensive discussions among all developers of properties along the Freemansburg Avenue corridor. However, he said, no resolution was reached and there have been no conversations since. Mr. Marles said the question of coordinated access to Freemansburg Avenue is addressed in this resolution through the use of Emrick Boulevard West. Mr. Broughal said that, if Dr. Amin would like to seek direct access to Freemansburg Avenue, the township would not oppose. However, Mr. Broughal said, the Pennsylvania Department of Transportation would have final say on the design of such access because Freemansburg Avenue is a state road. Mr. Broughal said PennDOT would probably support a right in, right out design.

5 5 Mr. Batcha asked if direct access from Dr. Amin s property to Freemansburg Avenue would disrupt PennDOT s overall plans for the corridor. Mr. Dillman said PennDOT was probably aware of the situation and would handle it accordingly. Mr. Kantra said Dr. Amin could consider requesting temporary direct access to Freemansburg Avenue, but then he would have to redesign his project again when Emrick Boulevard West is fully built out. Mr. Kantra said his understanding was the redesign of the Freemansburg Avenue corridor was not to be done in such piecemeal fashion. Mr. Kantra said he was requesting the board to require St. Luke s to put in the full Emrick Boulevard West as envisioned in the previous plan. Do what you did last time, Mr. Kantra said. Mr. Broughal said that the resolution provides access to Freemansburg Avenue for Dr. Amin, but it does not require St. Luke s to build that access. Mr. Batcha said basically we have a big fish versus a little fish. Mr. Batcha said he agreed substantially with Mr. Kantra that the township has supported access through Emrick Boulevard West. On the other hand, Mr. Batcha said, St. Luke s has agreed to spend $25 million improving the corridor. Mr. Marles said St. Luke s has timing problems with this issue. Mr. Marles said St. Luke s has changed its plans, that there are no plans in Phase 1 for a large hospital on the complex, and that this means there s no need for a major intersection involving Emrick Boulevard West. Mr. Marles said St. Luke s also does not have a firm plan of Dr. Amin s project to consider, because the project hasn t been approved by the board. Upon motion (Nolan-Hudak), the Board of Commissioners voted 4-1 by roll call vote to approve Resolution R as amended. Mr. Batcha cast the lone no vote. Mr. Marles thanked the township s staff for its diligence on the St. Luke s project. RESOLUTION R A RESOLUTION GRANTING THE REQUEST OF FREEMANSBURG AVENUE DEVELOPMENT LP, APPLICANT FOR BIRCHWOOD COMMONS REVISED FINAL LAND DEVELOPMENT PLAN, TO EXTEND THE TIME FOR RECORDING OF THE APPROVED FINAL PLAN. Mr. Kutzler said the resolution dealt with the Ashley Development apartment project at the site of the former Barbosa mobile home park on Freemansburg Avenue. The developers are requesting an extension to March 17, 2010, for recording of the final approved plan. Upon motion (Murphy-Nolan), the Board of Commissioners voted 4-1 by voice vote to approve Resolution R Mr. Batcha cast the lone no vote. MOTION A MOTION AUTHORIZING THE TOWNSHIP MANAGER TO ENTER INTO AN AGREEMENT BETWEEN BETHLEHEM TOWNSHIP AND HOUGH ASSOCIATES TO COLLECT 2009 RESIDENTIAL AND COMMERCIAL RECYCLING DATA AND TO PREPARE THE PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION ACT 904 RECYCLING GRANT APPLICATION. Mr. Hammer said that since the board tabled this motion at an earlier meeting, the last paragraph of the agreement had been changed to clarify what happens if

6 6 the grant award is not received or is decreased by audit (Hough Associates will reimburse or adjust the incentive bonus). Upon motion (Nolan-Hudak), the Board of Commissioners voted unanimously by voice vote to authorize the township manager to enter into an agreement with Hough Associates to collect 2009 residential and commercial recycling data and to prepare the DEP Act 904 recycling grant application. Mr. Freda left the meeting at this time (8:03 p.m.). MOTION A MOTION AUTHORIZING THE TOWNSHIP MANAGER TO ADVERTISE FOR BID THE MUNICIPAL PARK SOCCER FIELDS IRRIGATION SYSTEM PROJECT. Mr. Hudak said the original proposal approved by the board was to build basic athletic fields at the municipal park. Mr. Hudak said that, based on bids, the township ended up paying $600,000 for three fields. He said now the board was being asked to put out for bid a fully automated irrigation system for three basic fields, at an estimated cost of $68,000, and this amounts to putting in a Cadillac situation for showcase quality fields. Mr. Hudak said he did not support this proposal. He asked if the grass currently growing on the fields would have to be torn up again and reseeded for a new irrigation system. Mr. Hunsberger said yes, the fields would have to be torn up and reseeded. Mr. Hudak asked if the new fields could be used as a carnival site. Mr. Hunsberger that would be a decision for the board, but if it was his decision, he would not use the fields for carnivals if a fully automated irrigation system was installed. Mr. Hunsberger explained the difference between this system and the use of a water cannon, which has an estimated cost of $35,000. Mr. Hudak said grass has grown on these fields for years without an irrigation system. He said such a system would be used only a few times a year. Mr. Weiss asked if there was an irrigation system installed at the athletic fields in the north 40 Meyer Lane section of the municipal park. Mr. Hunsberger said no. Mr. Weiss said he would support seeking bids for the project but that he did not support funding the automated irrigation system. Mr. Hudak agreed, but said it has been the board s history to award projects if it seeks bids. Mr. Hudak said he did not understand how the board could cut an ambulance out of the 2010 budget but could now consider spending money on irrigating fields. Mr. Hudak moved not to advertise for bid. Mr. Batcha asked if the project was a budgeted item. Mr. Hudak said no. Mr. Batcha said the township had already made a significant investment by building the fields and drilling a well on site. Mr. Dillman said the Pidcock Company had recommended a well and irrigation system to get the fields started, with the understanding that the fields would be a cut below showcase quality. Mr. Weiss said the township didn t need showcase quality fields and that the fields will be used in rainy and muddy conditions.

7 7 ZONING HEARING BOARD AGENDA PURCHASE ORDER APPROVAL Mr. Murphy asked if, in drought conditions, a water cannon system could also be used at the north 40 fields. Mr. Hunsberger said no, because there is no equipment to hook up to the cannon. Mr. Batcha said he would support a water cannon system, but not until the township has identified funding for it. Upon motion (Hudak-Murphy), the Board of Commissioners voted unanimously by voice vote to authorize the township manager to put together a bid package for a water cannon system only for the municipal athletic fields. Mr. Nolan asked what the timeline would be for implementation of such a system. Mr. Hunsberger said installation could possibly begin by April or May. Mr. Hudak asked, if funding was available, if a well could be drilled at the north 40 fields. Mr. Hunsberger said yes. Mr. Weiss said the Zoning Hearing Board s meeting of December 23 had been cancelled. Mr. Nolan asked about Purchase Order , reimbursing Officer Edward Fox for mileage and meals while attending the Allentown Police Academy. Mr. Nolan asked if this was the first time the township had paid for such costs. Mr. Hammer said yes, as previously the state had covered these costs. Mr. Nolan asked if there were any more budgetary surprises expected from the state. Mr. Hammer said not that I m aware of. Upon motion (Hudak-Murphy), the Board of Commissioners voted unanimously by voice vote to approve all purchase orders as presented. BILL AGENDA APPROVAL Mr. Nolan asked if the administration was investigating options for saving money on electricity as PPL s rates would be increasing. Mr. Hammer said the staff is closely following the situation. Mr. Hammer said the township has received inquiries from eight electricity providers and the administration will be presenting the board with a detailed analysis in January. Upon motion (Nolan-Hudak), the Board of Commissioners voted unanimously by voice vote to approve the bill agenda as presented. TREASURER S REPORT MONTHLY REPORTS Upon motion (Nolan-Batcha), the Board of Commissioners voted unanimously to approve the treasurer s report of November 30, as presented. There was no discussion of the monthly departmental reports. DISCUSSION ITEMS 2010 MEETING DATES By consensus, the Board of Commissioners agreed to move the meeting of July 5, 2010, to July 6, 2010, and the meeting of September 6, 2010, to September 7, HOUSENICK ESTATE, ASBESTOS INSPECTIONS

8 8 Mr. Weiss said ACM Associates of Emmaus had made a proposal to conduct an inspection of the Housenick estate home for asbestos and other hazardous materials. Mr. Hudak said ACM was a good firm and that such an inspection was a good idea, the sooner the better. Mr. Weiss said he agreed. Mr. Nolan said that, working with Mr. Hammer, he had toured the building with an asbestos professional and they were pretty sure there s asbestos in the basement. He said he supported an inspection as a no-brainer. Upon motion (Hudak-Nolan), the Board of Commissioners voted unanimously by voice vote to authorize the township manager to explore a contract with ACM for an inspection of the Housenick estate home. Mr. Batcha asked if the proposal to have Northampton Community College students work in the home is now on hold. Mr. Hammer said yes. ADJOURNMENT Upon motion (Nolan-Batcha), the Board of Commissioners voted unanimously by voice vote to adjourn the meeting at 8:30 p.m.