REGULAR PUBLIC MEETING DECEMBER 5, 2011

Transcription

1 1 REGULAR PUBLIC MEETING DECEMBER 5, 2011 MEMBERS PRESENT OTHERS PRESENT CALL TO ORDER Arthur Murphy, President Paul Weiss, Vice President Jerry Batcha, Commissioner Michael Hudak, Commissioner Thomas Nolan, Commissioner James Broughal, Township Solicitor Howard Kutzler, Township Manager Andrew Freda, Finance Director President Murphy called the meeting to order at 7:00 pm. and led those in attendance in reciting the Pledge of Allegiance to the Flag. COURTESY OF THE FLOOR KEVIN KALMAN Mr. Kalman stated he was present to speak about the agreement the Board of RD ST. Commissioners approved at their last meeting to have an efficiency evaluation performed on the fire companies. Mr. Kalman further stated that he contacted the state and learned that there is state funding in place to have these types of studies done but the funding is limited. Mr. Kalman added that in June 2005 the state performed a feasibility study on all the volunteer fire companies within the state and one of the findings of the study was that volunteer fire companies provided $6 billion in savings to local governments. Mr. Kalman continued to provide additional information from that study. Mr. Kalman stated he supports the efficiency evaluation and would encourage the Township to define their expected services. Mr. Hudak commented that the Board of Commissioners is not trying to see if the fire companies are needed or are valuable; the Board knows they are needed and valuable. The Board is just trying to see if the inner workings of the fire companies can be improved and see what we have. BARRY ROTH Mr. Roth expressed a concern regarding the traffic light at Freemansburg 4323 CHETWIN TERR. Avenue and Route 33 south. Mr. Roth sated that there have been accidents there the last few weeks because the left turning arrow does not go red. APPROVAL OF MINUTES PUBLIC HEARING ORDINANCE Upon motion (Batcha-Nolan), the Board of Commissioners unanimously voted by voice vote to approve the minutes of the November 21, 2011 regular public meeting. AN ORDINANCE AMENDING ORDINANCE NO. 8-97, THE BETHLEHEM TOWNSHIP ZONING ORDINANCE, CHAPTER 27 OF THE TOWNSHIP OF BETHLEHEM CODE OF ORDINANCES (CHAPTER 275 OF THE CODIFIED CODE OF THE TOWNSHIP OF BETHLEHEM CODIFIED ORDINANCE ), BY: (1) ESTABLISHING AND DEFINING THE NEW USE OF SLEEP CENTER; (2) AUTHORIZING SUCH NEW USE AS PERMITTED BY RIGHT IN THE LIGHT INDUSTRIAL/OFFICE CAMPUS (PHASED) DISTRICT; (3) ESTABLISHING REQUIREMENTS FOR SUCH NEW USE; AND (4) ESTABLISHING PARKING REQUIREMENTS FOR SUCH NEW USE Solicitor Broughal stated that the Pennsylvania Municipalities Planning Code requires that anytime a municipality amends their Zoning Ordinance, a public

2 2 hearing must be held to allow for input from the Board of Commissioners and members of the public who are present for the hearing. Attorney Peter Lehr, representing Lehigh Valley Hospital, stated he appeared before the Board of Commissioners on October 3, 2011 seeking authorization to proceed with a zoning ordinance amendment relating to sleep centers. Attorney Lehr further stated that he prepared an ordinance amendment, modeled after the CHS ordinance amendment, and minor changes were made by Attorney Broughal. Attorney Lehr added that he met with the Planning Commission at their November 28, 2011 meeting and the comments in the engineer s letter were discussed. Attorney Lehr requested that the Board of Commissioners consider the original ordinance as it appears because he does not believe additional requirements are needed. Mr. Kutzler commented that the Planning Commission reviewed the ordinance amendment at their November 28, 2011 meeting and recommended the ordinance be adopted as drafted with additional requirements regarding the discharge of patients between 10 PM and 6 AM, loitering and parking lot screening from residential uses, as noted in the Township Engineer s review letter of November 22, Mr. Kutzler also noted that the Lehigh Valley Planning Commission received and reviewed the ordinance amendment. They had no comments and noted that it was a matter of local concern. Mr. Kutzler then advised the Board of Commissioners that if they were inclined to adopt the ordinance amendment with the additional requirements, the ordinance amendment would then require another advertisement. Attorney Broughal advised that this ordinance cannot be further amended without starting the process over. Attorney Broughal added that the Board could either adopt the ordinance amendment as is and if they feel the engineer s recommendations are valid, they can be adopted later or the Board can decide not to act on the ordinance amendment this evening and re-do the amendment with the engineer s recommendations. Mr. Murphy stated he agrees with the recommendations regarding the discharge of patients, loitering and screening of the parking lot but asked why not the other 2 recommendations regarding compliance with federal, state and local laws and prohibiting other medical diagnosis or treatment within the sleep center. Solicitor Broughal responded that everyone is always required to comply with federal, state and local laws even if it is not contained in the ordinance. With respect to prohibiting other medical diagnosis or treatment, Solicitor Broughal stated nothing would allow that to happen. Mr. Batcha noted that the property presently abuts farmland but in the near future there may be development on that farmland. Mr. Batcha suggested passing the ordinance as presented but encouraged the Board to use the engineer s comments as a future reference. Mr. Kutzler noted that the Zoning Ordinance already addresses parking adjacent to residential areas. Mr. Murphy asked for comments or questions from those in attendance. There being none, Mr. Murphy closed the public hearing. Upon motion (Hudak-Weiss), the Board of Commissioners unanimously voted by voice vote to adopt Ordinance as presented, amending the Zoning Ordinance and Chapter 27 of the Code of Ordinances by establishing and defining the new use of sleep center, authorizing the new use as a permitted by right use in the LI/OC District, establishing requirements for the new use and establishing parking requirements for the use.

3 3 RESOLUTION R A RESOLUTION AUTHORIZING A PROCUREMENT CARD PROGRAM FOR THE TOWNSHIP OF BETHLEHEM AND AUTHORIZING THE EXECUTION OF CERTAIN AGREEMENTS PERTAINING TO THE PROCUREMENT CARD PROGRAM AND APPOINTMENT OF PROGRAM ADMINISTRATORS Mr. Freda explained that this procurement card program will provide secure purchase cards in the name of an individual that can be used like a traditional credit card with an assigned credit line limit of as little as $ This card will be used for out of state police warrants, time sensitive registrations/renewals and emergency purchases. The card would be issued to sensible users and they would be required to sign an Acknowledgement of Receipt/Terms of Revocation of the MasterCard Purchase Card (P-Card) which would outline the consequences of misuse. Mr. Freda asked the Board of Commissioners to authorize the resolution and agreement. Mr. Kutzler noted that the Township does not have a credit card and in cases where police office must pick up a prisoner out-of-state, the police officer gets stuck funding township business on their personal credit cards to be reimbursed by the Township. Mr. Kutzler stated that Mr. Freda would manage the program and individuals would be required to turn in receipts. If the card is used for uses other than Township business the individual would have to pay back that amount to the Township. Mr. Kutzler also recommended that the Board approve this program. Mr. Hudak questioned whether the cards would be given out as needed and would employees be required to return the card after each use. Mr. Kutzler stated that the card would be issued to the user when leaving and upon their return they would be required to provide receipts for what was charged and give the card back. Mr. Batcha stated he was not comfortable approving this program until protocol is written, received and reviewed by the Board of Commissioners. Mr. Batcha added his concern is mis-use should looser management be in place sometime in the future. Mr. Kutzler stated that the card would be pre-loaded with a few hundred dollars and be used only in unexpected situations, but he would have no objection to waiting until the Board of Commissioners sees a written policy. Mr. Freda stated that he plans to make a list of all the requirements and will have it to the Board before their next meeting. Mr. Kutzler suggested that the Board adopt the resolution but that staff would not proceed with the program until purchasing parameters are written. Mr. Freda noted that there is a 4-6 week timeframe to get credit approval from the bank. Upon motion (Weiss-Nolan), the Board of Commissioners unanimously voted by roll call vote to adopt Resolution R as presented, authorizing a procurement card program for Bethlehem Township and authorizing the execution of certain agreements pertaining to the procurement card program and appointment of program administrators. A AUTHORIZING CAROL MOSER BE GRANTED A JOINT AND 50 PERCENT SURVIVOR MONTHLY PENSION FROM THE TEAMSTERS PENSION FUND IN THE AMOUNT OF $ PER MONTH, EFFECTIVE DECEMBER 1, 2011 Upon motion (Hudak-Weiss), the Board of Commissioners unanimously voted by voice vote to authorize Carol Moser be granted a joint and 50% survivor monthly pension from the Teamsters Pension Fund in the amount of $ per month, effective December 1, 2011.

4 4 A APPROVING A DEFERRED VESTED LIFETIME PENSION BENEFIT FOR PATRICIA LIBERTO FROM THE TEAMSTERS PENSION FUND IN THE AMOUNT OF $ PER MONTH, EFFECTIVE DECEMBER 1, 2016 Upon motion (Nolan-Weiss), the Board of Commissioners unanimously voted by voice vote to approve a deferred vested lifetime pension benefit for Patricia Liberto from the Teamsters Pension Fund in the amount of $ per month, effective December 1, A APPROVING AN ANIMAL SERVICE AGREEMENT FOR 2012 WITH THE CENTER FOR ANIMAL HEALTH AND WELFARE Mr. Kutzler stated that the Township received an agreement from The Center of Animal Health & Welfare who handles stray dogs and cats. Mr. Kutzler noted that there is an increase in costs for any cat or dog that is dropped off at the establishment from $ per animal to $ The fees for pit bulls is $ per pit bull up until 10 have been dropped off and then increases to $ per pit bull. Mr. Kutzler added that $25, has been budgeted for 2012 for this service and he feels this is a good service since the Township does not have their own resources to handle stray cats and dogs. Mr. Hudak noted the suggestions on the Service Agreement Information page whereby they suggest that municipalities first check for license, microchip or other identification and lost animal reports before bringing them to the shelter. They also suggest that the municipalities establish a temporary holding area with a few kennels or cages to keep the animals while an attempt is made to locate the owners. Mr. Hudak noted that the Township does have 2 kennels on Fifth Street. Mr. Hudak expressed his concern regarding the escalating costs and that anybody can drop of animals at the shelter at the Township s expense. Mr. Kutzler confirmed that there are 2 kennels at the Fifth Street garage but the Township would have to budget for resources and make sure the animals had food and water. Mr. Kutzler further stated that the Township can use the State Dog Warden to pick up stray dogs but they do not pick up stray cats. Mr. Hudak stated that he would like to explore other options. Mr. Kutzler stated the Board could enter into the agreement with The Center for Animal Health & Welfare but keep the dogs in the Township kennels while we attempt to find the owners. Mr. Batcha stated that the Township is not capable of taking care of the dogs and suggested approving this agreement but explore other options. Mr. Hudak asked Mr. Kutzler to reach out to The Center for Animal Health & Welfare regarding what cost controls might be available. Upon motion (Hudak-Nolan), the Board of Commissioners unanimously voted by voice vote to approve an animal service agreement for 2012 with The Center for Animal Health and Welfare and to explore other options. OTHER BUSINESS LINE PAINTING HOUSENICK ESTATE Mr. Batcha inquired whether Chester and Santee Roads are going to be lined. Mr. Kutzler advised they will be painted but he does not know when. Mr. Kutzler stated he would check into this and get back to the Board. Mr. Hudak inquired regarding the roof repairs on the Housenick estate. Mr. Kutzler responded that he will check with PPIS, but they are short-staffed with 3 members of their staff out on long-term sick leave. Mr. Hudak also stated, that if the Board is in support, he would like the Township Manager to sit with Public Works to work out a plan of action to get

5 5 the park open. Mr. Hudak stated that there are some small steps included in the Master Plan such as signage that needs to be done. Mr. Hudak also noted that he has been contacted by the Boy Scouts that they have 3 members going for Eagle Scout ranks and perhaps they can do community service project at the park. RIBBON CUTTING CEREMONY ADJOURNMENT Mr. Nolan reported that he represented the Township at the ribbon cutting ceremony at PetCo this past Saturday along with Congressman Dent. Upon motion (Nolan-Batcha), the Board of Commissioners unanimously voted by voice vote to adjourn the meeting at 7:50 p.m. Respectfully submitted, Judy Todaro Recording Secretary