MEMBERS IN ATTENDANCE: S. Burns, S. Newman, D. Ascani, S. Disidore, and M. DeBerardinis

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1 The February 5 th, 2018, meeting of the Lower Mount Bethel Township Board of Supervisors was held at the Centerfield Building at 6984 S. Delaware Drive, Martins Creek, Pennsylvania (formerly known as Centerfield School). The meeting was called to order by Chairperson Susan Disidore at 7:01 p.m. There were approximately twelve people in attendance. MEMBERS IN ATTENDANCE: S. Burns, S. Newman, D. Ascani, S. Disidore, and M. DeBerardinis PROFESSIONAL STAFF IN ATTENDANCE: J. Coyle, J. Zator and L. Stauffer EXECUTIVE SESSION: S. Disidore announced an executive session was held on January 31 st, 2018, via a teleconference in the morning for the purpose of real estate acquisition. Subsequently, on January 31 st, 2018, in the evening, another executive session was held in reference to personnel. MINUTES: The minutes of the January 15 th meeting were submitted for review and approval. S. Newman noted on page 3, the motion pertaining to the retention of Mr. Woglum is printed as being made and seconded by her. S. Newman made a motion to approve the minutes as corrected. D. Ascani seconded. Motion passed (5-0). The minutes of the January 29 th special meeting were submitted for review and approval. M. DeBerardinis made a motion to approve the minutes as submitted. S. Newman seconded. Motion passed (5-0). COURTESY OF THE FLOOR: Richard Grucela of Fairview Avenue appeared to ask for information regarding the toters that the Township is purchasing since many residents are discussing it and they are most likely spreading incorrect information. S. Disidore explained the toters are being purchased by the Township for residential use; however, it is not mandatory for a property owner to get the toter(s). There is no change to how the garbage is being picked up. She also stated the 2018 sanitation assessment will be reduced to $200 per residential unit. She further stated information explaining the new toters will be in the sanitation assessment. PRESENTATIONS: 1. Keycodes Dave Shields appeared to discuss his company s proposal that was submitted to the Township for zoning and UCC services. He stated Keycodes currently provides services in Plainfield Township and Roseto Borough. He stated he would provide John LeZoche for codes and Mark Worth for zoning. Mr. Worth used to work for Keystone Engineers and he is currently being mentored by Mr. LeZoche. 1

2 Mr. Shields indicated his company is diligent in the respect to responding to violation issues with the overall principle being bringing the individual into compliance. He stated Keycodes is extremely conscientious about timelines and the requirements laid out under the Municipalities Planning Code. SUBDIVISIONS: 1. Schoepple Lot Line Adjustment The applicant is proposing to make a lot line adjustment that will increase the size of their property by.2624 acres. The additional property will be transferred from Good Shepherd Evangelical Lutheran Church. The Planning Commission has recommended conditional approval of the application. A draft resolution of conditional final approval has been prepared by the solicitor. J. Zator reviewed the particulars of the draft resolution. He also reported the Acceptance of Conditions has been signed by the applicants. M. DeBerardinis made a motion to adopt Resolution , a resolution governing the conditional final approval of the Schoepple Lot Line Adjustment. S. Newman seconded. Motion passed (5-0). 2. Hess Minor Subdivision The applicant is proposing to subdivide a tract totaling acres, which is partially located in the Conservation District and the Agricultural District. The applicants are requesting to subdivide a lot from the parent tract, which will consist of acres with the remaining parent tract being utilized for agricultural purposes. The Planning Commission reviewed the plan and recommended conditional final approval. J. Zator reviewed the draft resolution. J. Coyle stated the language in paragraph 12 on page 9 of the resolution should read primary and secondary on-site sewage disposal system. J. Zator stated that the Acceptance of Conditions was signed based upon the original draft resolution; however, all three representatives of the applicant are in attendance at the meeting. He queried them if the change to the resolution was acceptable to all of them. All three representatives affirmed the change to include the additional language was acceptable. S. Newman made a motion to adopt Resolution with the language changes noted to paragraph 12 by the Township Engineer. D. Ascani seconded. Motion passed (5-0). TOWNSHIP BUSINESS: 1. Fairview Avenue Right-of-Way A request was submitted to the Township by Samuel Villari pertaining to an area on the Hutchison Height subdivision map known as the Plaza. The right-of-way in this area is 50-feet. Ott Consulting appeared to represent the Villaris and request the Board consider vacating this portion of the road. The Board briefly discussed the request. The Board noted that before any action is taken; the applicant will need to agree to assume the costs associated with the road vacation request. Carl Palmeri requested if the Township would split the fees. J. Zator replied that the applicant needs to bear the expense of the request. 2

3 M. DeBerardinis made a motion to authorize the Township solicitor and the Township Engineer to collaborate and accomplish the necessary tasks to vacate the requested portion of Fairview Avenue contingent upon the Villaris establishing an escrow account with the Township in the minimum amount of $2,000. D. Ascani seconded. Motion passed. (5-0). 2. Centerfield Kitchen S. Burns reported that she has reviewed the contract between the Township and Buckl Architects as well as the plans they have provided to the Township. She stated her review of the plans have revealed that the changes between the two plans are minimal. Furthermore, under the signed contract, Buckl Architects has failed to deliver on the contractual obligations despite the fact that they have been paid in full. The architect also failed to recognize the kitchen falls under the commercial uniform construction code. She attempted to correspond with the architect working on the project, Robert Furst. Mr. Furst insisted that the Township has utilized 100% of its fees under the contract; therefore, any meetings with the Township would be billed. J. Coyle recommended the Board meet with not only Mr. Furst, but Clyde Odom, who is a principal of the company. S. Burns stated she will set up the meeting. 3. Upper Mount Bethel Twp. Softball S. Newman reported that she was contacted by John Bermingham, chairman of the UMBT Board of Supervisors regarding the use of the Centerfield gym for softball practice. David Baggitt appeared and requested the Board s consideration to allow use of the gym for pre-season practice. J. Zator recommended that his office should review the existing inter-municipal agreement to determine if this use falls under that agreement. If not, his office can prepare a one-page addendum. The Board s general consensus is to authorize the use and to waive all associated fees. Joe Pilyar questioned if this issue should be a matter for the Recreation Board. He requested if the Board would give him some time at the February 19 th meeting. S. Newman made a motion to authorize the solicitor to review the existing softball contract and to further authorize, if needed, an addendum. D. Ascani seconded. Motion passed (5-0). S. Newman made a motion to allow UMBT softball to utilize the Centerfield gym on Tuesday and Thursday evenings from 6 p.m. to 9 p.m. contingent on filling out the required application and scheduling with the office. M. DeBerardinis seconded. Motion passed (5-0). REPORTS: S. Burns reported that the first meeting of the Emergency Services Advisory Board was held. She reported the meeting was attended by two members, two firemen, herself, D. Ascani and a guest. She stated the meeting covered topics such as finances, fundraising and equipment. 3

4 S. Newman stated there is room for improving the relationship with the fire company and she commends S. Burns for her work. She further stated the purpose of the Board needs to be established and clarified. D. Ascani stated the fire company s finances don t need to be reviewed every month as they have an annual audit done. He also stated that the fire company would like the Board to implement a fire tax in order to generate revenue for fire company needs. L. Stauffer stated the fire company s funds in the budget were decreased several years ago; however, this wasn t done with malicious intent as it seems to be perceived by the fire company. The Township s overall financial position is fairly stagnant in reference to revenues. Expenditures continually rise. There comes a point where every department, including the fire company, has to give a little in order to avoid a continuous tax increase. J. Zator stated that all municipalities are required to provide fire services for the community. S. Burns stated the fire company needs to be proactive with approaching the Board of Supervisors. Joe Pilyar stated in his opinion the fire company is non-profit and they should be working on raising their own funds. Rich Grucela stated most volunteer fire companies survive on grants, contributions, and fundraising. He mentioned there is a County Association of Fire Chiefs that could provide assistance. S. Disidore stated she would like to see more fundraising efforts on the fire company s part. S. Newman stated the group can be set up as a five-member Board with goals and an agenda with the expectation that a representative from the fire company to attend. This matter will continue to be discussed at future meetings. S. Newman reported that she received feedback from Plainfield Township and they are satisfied with the service they receive from KeyCodes; however, they stated that Mr. LeZoche tends to be more city-minded. S. Newman also reported that she attended the Slate Belt COG meeting. Scott Parsons has resigned as the executive director. The COG is still waiting to hear on the multi-municipal grant application. The COG also discussed the ongoing animal shelter issues. S. Newman stated she also attended the Lehigh Valley General Assembly. D. Ascani stated if the gym is going to be used more frequently, then the Board should investigate replacing the key locks with programmable locks. F. Heitzman reported: 1. That the speed radar device located on Front St. was hit by a car during the last snow 4

5 event. 2. The 2016 International had to be sent out for repair. 3. Issues with the 1998 Mack in reference to the rear suspension. 4. The road crew has been out salting and cindering during the recent weather events. 5. He has been working on heating system issues at Centerfield Building. D. Ascani questioned if anyone spoke with J. Coyle regarding a blanket engineering study for the stop signs in Martins Creek. J. Coyle stated he may be able to accomplish that in order to substantiate existing stop signs. J. Coyle submitted a written report to the Board. He also reported on an received from LVPC on the hazard mitigation plan. L. Stauffer submitted her written report, including a request for the Board to authorize funding for the purchase of the chocolate bunnies for the Easter Egg Hunt and to make a decision on the donation to the Pocono Wildlife Rehabilitation Center. S. Disidore made a motion to authorize up to $275 for the purchase of chocolate bunnies for the Easter Egg Hunt. M. DeBerardinis seconded. Motion passed (5-0). M. DeBerardinis made a motion to authorize a donation in the amount of $300 for the Pocono Wildlife Rehabilitation Center. S. Newman seconded. Motion passed (5-0). The Township solicitor submitted his written report for Board review. J. Zator also reported that he received a group of proposals for survey work on the Tekening Trails property. Based upon their review of the proposals, he is recommending the Board award the work to Keystone Consulting Engineers. J. Mauser reported the agreement of sale was signed by Talen Energy on December 31 st. This allows for ninety days until closing; therefore, timing is critical. S. Disidore made a motion to accept the proposal of Keystone Consulting Engineers to perform a boundary survey of the Talen property to include LIDAR. S. Newman seconded. Motion passed (5-0). J. Zator also reported on the following: 1. His office has responded appropriately to the auditor and provided a 2016 response. 2. Mr. Sabella has made another payment. 3. There has been court review of the bill of rights that was promoted by the CELDF in reference to sludge issues. The advice provided by his firm was correct. 4. He provided a memo to the Board on the spotted lanternfly. The Board asked J. Zator to draft a letter to the Department of Agriculture. 5. He extended an offer to provide the new supervisors (and any existing supervisors) who are interested in a briefing. 5

6 D. Ascani reported he received a tax bill from Keystone Collects that places him incorrectly in the Bangor Area School District. He tried calling Keystone and he experienced difficulty in trying to resolve the issue. He thinks the Township should contact Keystone and straighten it out on behalf of the Township residents who are experiencing the same thing. He volunteered to communicate with Keystone. INVOICES: Invoices in the amount of $66, were presented for review and approval. M. DeBerardinis made a motion to approve the invoices in the amount of $66, S. Newman seconded. Motion passed (5-0). PUBLIC PARTICIPATION: None ADJOURNMENT: S. Disidore adjourned the meeting at 9:50 p.m. Respectfully Submitted, Lori A. Stauffer Secretary/Treasurer 6

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