REGULAR PUBLIC MEETING DECEMBER 18, 2000

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1 245 REGULAR PUBLIC MEETING DECEMBER 18, 2000 MEMBERS PRESENT OTHERS PRESENT CALL TO ORDER PRESENTATION - RETIREMENT AWARD Robert Birk, President Leonard Hudak, Vice President Allan Robertson, Commissioner Timothy Brady, Commissioner Jerry Batcha, Commissioner Thomas Elliott, Township Solicitor Paul Amic, Township Manager Jeff Bartlett, Assistant Township Manager Howard Kutzler, Planning Director Rich Celmar, Spotts, Stevens & McCoy President Birk called the meeting to order at 7:00 p.m. and led those in attendance in reciting the Pledge of Allegiance to the Flag. Corporal Dave Ackerman and Officer Richard Blake presented Sergeant Ron Clause with a retirement award on behalf of the Bethlehem Township Police Association. COURTESY OF THE FLOOR JOHN MILLER Mr. Miller stated he was present to address a problem and suggest a solution to a 3107 FARMERSVILLE RD. stormwater runoff problem on his property. Mr. Miller requested the assistance of the Board of Commissioners to assist financially in the construction of a grass waterway on his farm. Mr. Miller presented documentation to the Board of Commissioners which included a brief history of the problem, maps, photographs, cost estimates for the grass waterway and copies of Board of Commissioners meeting minutes from 1996 authorizing a contribution toward the construction of a grass waterway on the lands of Dale Koehler along Freemansburg Avenue. Mr. Brady inquired whether Mr. Miller's farm has been placed for farm preservation. Mr. Miller responded that he does not have enough acreage to be placed in farm preservation and further stated that he does want to retain his property as a farm. Mr. Miller reviewed the size and cost estimate of the grass waterway and stated that these costs do not include the south branch because those costs will be taken care of by the Calantoni development. Mr. Robertson stated that it was appropriate to point out that the Koehler contribution was to solve a particular problem and Pete Emrick was forced to do the same thing on his own. Mr. Brady requested that the Township Manager research the entire file on the Koehler contribution because the Board needs more information in order to compare the situations. Mr. Robertson also requested that the Township Manager look at the Emrick file. Mr. Miller advised the Board of Commissioners that this runoff is a continuing problem and that he is subject to a $50, per day fine by the DEP. ATTORNEY RON REYBITZ Attorney Reybitz stated that he represents Dr. Atul Amin who went before the Planning Commission to request an amendment to the Township's Zoning Ordinance and before the Board of Commissioners acts to deny this request, he would like to present his argument. Attorney Reybitz proceeded to explain what

2 246 he considers discrepancies between Sections 1103.A and 1103.B of the Zoning Ordinance. Mr. Robertson noted that there are uses within the Zoning Ordinance for development of this tract and also noted the issue of access through the current lane to residents behind this site. BARRY ROTH Mr. Roth expressed concern regarding stormwater runoff from LVIP VI and Highland Park into Municipal Park and stated something must be done before constructing a recreation center in the park. Mr. Roth inquired regarding the request for a new truck for the Parks and Recreation Department and suggested that Parks and Recreation use either the Public Works Blazer or the Police Department Blazer. MARTIN COMER Mr. Comer commented regarding the article in the Township Newsletter relating 3613 DEWALT ST. to "Santa's Mailbox", noting letters must be received by December 11 th and he received his newsletter on December 13 th. Mr. Comer suggested that since new windows will be installed at the former Municipal Building on 5 th Street, that the same be done to the former Public Works garage. Mr. Comer inquired regarding why the Director of Public Works needed a Tahoe and why a pickup truck was being purchased for Parks and Recreation. Lastly, Mr. Comer expressed concern regarding the flooding at Santee Road and Easton Avenue. HAL MELLOR Mr. Mellor expressed concern regarding the cost of the proposed Community 4489 NICHOLAS ST. Recreation Center and requested that this matter be placed on a referendum for all taxpayers to decide whether it should be built. The Township Manager stated a public meeting was scheduled for Tuesday, December 19, 2000 and explained that the Feasibility Study is the first step of the process and this study will indicate to the Board of Commissioners whether this project is feasible. The Township Manager explained that the next step in the process would be the advertisement of RFPs for architectural work and that the Township will not know the final numbers on costs until the center is designed and put out to bid. ADOLPH BUTKYS APPROVAL OF MINUTES Mr. Butkys inquired regarding Agenda Item "L", RFPs for construction in Municipal Park and Agenda Item "Q", the Coolidge Building. Mr. Butkys also inquired whether the Community Recreation Center meeting would be held on Tuesday evening in light of the forecast for snow. Upon motion (Hudak-Brady), the Board of Commissioners unanimously voted by roll call vote to approve the Budget Workshop Meeting minutes of November 30, 2000 as presented. Mr. Batcha requested additional language be added to the second last paragraph of the third page of the December 4, 2000 meeting minutes as follows: "Mr. Batcha, independent of the traffic issue, endorsed the cluster development." The Township Solicitor noted a correction and requested additional language to the second paragraph under the comments of Joseph Pagats on page 1 of the December 4, 2000 meeting minutes as follows:

3 247 "...Counsel for the City..." be changed to "...Counsel for the Water Authority..." the following language be added after "...that has been done is legal"; "however the Township could consider consulting with the PUC as it relates to water rate regulations." voted by roll call vote to approve the meeting minutes of December 4, 2000 as corrected. PUBLIC HEARING ORDINANCE 9-00 AN ORDINANCE ADOPTING A BUDGET AND APPROPRIATING FUNDS ESTIMATED TO BE REQUIRED FOR THE PURPOSE OF THE GOVERNMENT OF THE TOWNSHIP OF BETHLEHEM, AND FIXING THE REAL ESTATE TAX MILLAGE RATE FOR THE 2001 FISCAL YEAR President Birk opened the public hearing for public comment. There were no questions or comments from those in attendance. Mr. Hudak made a motion to adopt Ordinance 9-00, adopting a budget and appropriating funds estimated to be required for the purpose of the government of the Township of Bethlehem and fixing the real estate tax millage rate for the 2001 fiscal year and requested that the minutes reflect that he would support the purchase of 2 new police vehicles but not 4 new vehicles. Mr. Hudak was asked if he was proposing a change in the budget. Mr. Hudak stated that he was approving the budget as presented and wanted his comments regarding the purchase of police vehicles documented. Mr. Robertson seconded the motion to adopt the 2001 budget as presented and the motion carried unanimously by roll call vote. The Township Manager advised the Board of Commissioners that he would advertise a budget notice which would show the proposed budget totals and the final budget totals. RESOLUTION R RESOLUTION R A RESOLUTION GRANTING CONDITIONAL PRELIMINARY PLAN APPROVAL OF THE PRELIMINARY PLAN GSE OFFICE BUILDING (LVIP VI, LOTS 3 AND 4); AND A RESOLUTION GRANTING CONDITIONAL APPROVAL OF THE FINAL PLAN GSE OFFICE BUILDING (LVIP VI, LOTS 3 AND 4) Upon motion (Robertson-Brady), the Board of Commissioners unanimously voted by roll call vote to adopt Resolutions R and R as presented, granting conditional preliminary and final approval of the GSE Office Building (LVIP VI, lots 3 and 4). RESOLUTION R A RESOLUTION GRANTING CONDITIONAL APPROVAL OF THE FINAL SUBDIVISION PLANS HIGHLAND PARK - PHASE III, IV, AND V voted by roll call vote to adopt Resolution R as presented, granting conditional approval of the final subdivision plans of Highland Park, Phase III, IV and V. RESOLUTION R A RESOLUTION GRANTING CONDITIONAL APPROVAL OF THE NEW ORCHARD ESTATES PHASE 2 FINAL PLAN

4 248 The Township Solicitor requested additional language to Section III, Condition No. 3 as follows: "The applicant shall submit a deed of dedication for review and approval by the Township Solicitor." RESOLUTION R A RESOLUTION GRANTING CONDITIONAL APPROVAL OF THE NEW ORCHARD ESTATES PHASE 3 FINAL PLAN The Township Solicitor requested additional language to Section III, Condition No. 5 as follows: "The applicant shall submit a deed of dedication for review and approval by the Township Solicitor." The Township Manager inquired regarding Township streets being built to Palmer Township's standards. Mr. Celmar of Spotts, Stevens and McCoy responded that the two standards are comparable. Upon motion (Robertson-Hudak), the Board of Commissioners unanimously voted by roll call vote to adopt Resolution R as corrected, granting conditional approval of the New Orchard Estates Phase 2 final plan and Resolution R as corrected, granting conditional approval of the New Orchard Estates Phase 3 final plan. RESOLUTION R A RESOLUTION GRANTING CONDITIONAL PLAN APPROVAL OF THE PRELIMINARY PLAN BRUNO SCIPIONI (RESTAURANT ADDITIONAL LAND DEVELOPMENT AND BOUNDARY LINE ADJUSTMENT) Upon motion (Brady-Hudak), the Board of Commissioners unanimously voted by roll call vote to adopt R as presented, granting conditional plan approval of the preliminary plan Bruno Scipioni (restaurant additional land development and boundary line adjustment). RESOLUTION R A RESOLUTION GRANTING CONDITIONAL FINAL APPROVAL OF THE LANDS OF VIRGINIA B. SCHAFFER BOUNDARY LINE ADJUSTMENT (MINOR SUBDIVISION PLAN) Upon motion (Robertson-Brady), the Board of Commissioners unanimously voted by roll call vote to adopt Resolution R as presented, granting conditional final approval of the lands of Virginia B. Schaffer boundary line adjustment (minor subdivision plan). RESOLUTION R A RESOLUTION APPROVING A MINOR PLAN CHANGE FOR THE MINOR PLAN FOR THE GRADING AND UTILITY PLAN OF KHARECHA ENTERPRISES, L.P. BUILDING ADDITION (LVIP IV, LOT 14) Upon motion (Robertson-Hudak), the Board of Commissioners unanimously voted by roll call vote to adopt Resolution R as presented, approving a minor plan change for the minor plan for the grading and utility plan of Kharecha Enterprises, L.P. building addition (LVIP IV, lot 14). MOTION A MOTION THAT THE PETITION OF DR. ATUL K. AMIN TO AMEND THE BETHLEHEM TOWNSHIP ZONING MAP AND ZONING ORDINANCE BE DENIED The Planning Director presented a brief overview of the petition of Dr. Amin requesting a change in the zoning map to his 8.97 acre tract and amend the requirements of Zoning Ordinance Section 1103.B to include "Standard Restaurant" and "Hotel or Motel" as permitted uses. The Planning Director

5 249 noted the applicant appeared before the Zoning Hearing Board for a variance and the variance was denied. The applicant also appeared before the Planning Commission and the Planning Commission believes the tract can be developed in accordance with the Township's Zoning Ordinance. The Planning Director stated that it is the recommendation of the Planning Commission and the Planning Department that this petition be denied. Upon motion (Robertson-Batcha), the Board of Commissioners unanimously voted by roll call vote that the petition of Dr. Amin to amend the Bethlehem Township Zoning Map and Zoning Ordinance be denied. MOTION A MOTION AUTHORIZING THE TOWNSHIP MANAGER TO ADVERTISE A REQUEST FOR PROPOSAL (RFP) PREPARATION OF CONSTRUCTION DOCUMENTS - MUNICIPAL PARK DEVELOPMENT PROJECT PHASE 1 The Township Manager stated that the RFP has been forwarded to the Township Solicitor and a review of the documents are not complete. The Township Manager requested that the Board of Commissioners authorize advertisement of the RFP following a complete review by the Township Solicitor and the Township Manager. voted by roll call vote to authorize the Township Manager to advertise a RFP preparation of construction documents for the Municipal Park Development Project Phase I following complete review of the documents by the Township Solicitor and Township Manager. MOTION A MOTION AUTHORIZING THE TOWNSHIP MANAGER TO EXERCISE THE TOWNSHIP'S LEGAL RIGHTS AGAINST THE LETTER OF CREDIT FOR MODERN PUBLISHING AND LVIP V, PHASE II IF THE SAME ARE NOT RENEWED PRIOR TO THEIR EXPIRATION DATES OF DECEMBER 29, 2000 Upon motion (Hudak-Brady), the Board of Commissioners unanimously voted by roll call vote to authorize the Township Manager to exercise the Township's legal rights against the letter of credit for Modern Publishing and LVIP V, Phase II if the same are not renewed prior to their expiration date of December 29, ZONING HEARING BOARD The Board of Commissioners had no questions or comments regarding the AGENDA - MEETING OF Zoning Hearing Board Agenda of December 27, DECEMBER 27, 2000 DISCUSSION - RESCHEDULING OF FIRST MEETING OF BOARD OF COMMISSIONS IN JANUARY AND SEPTEMBER 2001 The Township Manager advised the Board of Commissioners that their meeting date of January 1, 2001 conflicts with the New Years Day Holiday and their meeting date of September 3, 2001 conflicts with the Labor Day Holiday. Discussion ensued regarding the requirements of the First Class Township Code relating to a reorganization meeting. The Township Solicitor advised that the First Class Township Code addresses the rescheduling of the biennial reorganizational meeting and because the first meeting of January 2001 is for election of President and Vice President of the Board, the Board of Commissioners is free to pick their first meeting date in January at any time. It was the consensus of the Board of Commissioners to move the two conflicting meeting dates to Tuesday, January 2 and Tuesday, September 4, 2001.

6 250 AFSCME GRIEVANCE HEARING RESOLUTION R The Township Manager advised the Board of Commissioners of an AFSCME grievance hearing and stated that because of time constraints the hearing has been tentatively scheduled for Tuesday, December 19, 2000 at 6:30 p.m. Mr. Amic inquired whether the Board of Commissioners would be available for this hearing. Mr. Brady noted that past practice has been that one representative of the Board would attend the hearing. Mr. Robertson indicated that he would be available to attend the hearing on December 19, A RESOLUTION RESCINDING RESOLUTION R IMPOSING A TEMPORARY BAN OF OUTDOOR AND OPEN FIRES IN BETHLEHEM TOWNSHIP Mr. Hudak stated that he reviewed Section III of Resolution R and the Board of Commissioners must pass a resolution to rescind Resolution R Mr. Robertson explained that at the November 20, 2000 Board of Commissioners meeting, Resolution R was amended to place a temporary ban on burning for 2 weeks. If the Board did not extend the ban, the ban ended. Mr. Hudak inquired of the Township Solicitor if it was necessary to rescind Resolution R The Township Solicitor responded that while it was not necessary to adopt R136-00, there would be no harm in doing so; however, in his opinion the ban on burning ended at the last meeting of the Board of Commissioners. No action was taken on Resolution R RESOLUTION R A RESOLUTION OFFICIALLY NAMING THE MUNICIPAL BUILDING AT 2740 FIFTH STREET "THE COOLIDGE BUILDING" Upon motion (Brady-Hudak), the Board of Commissioners unanimously voted by roll call vote to adopt Resolution R as presented, officially naming the Municipal Building at 2740 Fifth Street "The Coolidge Building". RESOLUTION R A RESOLUTION CONDITIONALLY APPOINTING A SERGEANT IN THE BETHLEHEM TOWNSHIP POLICE DEPARTMENT Mr. Bartlett advised the Board of Commissioners that the resolution has been revised to include an additional "Whereas" clause stating that Corporal Ackerman was the only qualified applicant to receive a passing score on the written and oral exam. voted by roll call vote to adopt resolution R146-00, conditionally appointing a Sergeant in the Bethlehem Township Police Department. PURCHASE ORDER APPROVAL Mr. Batcha inquired regarding P.O. #14782 and the reason for the difference in price of the videocassettes. Mr. Brady inquired regarding the status of the purchase order for the gas heater for the police garage. The Township Manager responded that a memorandum was prepared by the Police Chief regarding the heater for the police garage and this matter will be revisited at the next Board of Commissioners' meeting. Mr. Robertson commented regarding P.O. #14814 and suggested that the Township adopt a written policy regarding use of and who should use Township owned cell phones and computers. The Township Manager indicated that he does have a sample policy for computer usage and stated he would like to research the cell phone bills further and report back to the Board of Commissioners.

7 251 APPLICATION FOR PAYMENT Upon motion (Brady-Hudak), the Board of Commissioners unanimously voted by roll call vote to authorize Application for Payment No. 4 to the Sports Management Group in the amount of $11, APPROVAL OF BILL AGENDA OF voted by roll call vote to approve the bill agenda of December 13, DECEMBER 13, 2000 ACCEPTANCE OF MONTHLY REPORTS The Planning Director advised the Board of Commissioners that with regard to the issue of sidewalk in LVIP VI, it was the consensus of the Planning Commission that sidewalk would be addressed as each application comes in for LVIP VI. All monthly reports were accepted as presented. OLD BUSINESS RESIGNATION OF ZONING OFFICER CLEANUP ALONG CANAL REQUEST FOR EXECUTIVE SESSION EXECUTIVE SESSION ANNOUNCEMENT REAPPOINTMENTS TO BOARDS AND COMMISSIONS ADJOURNMENT The Township Manager advised the Board of Commissioners that the amendment to the Subdivision and Land Development Ordinance relating to sinkholes will be on the Board's agenda for the second meeting in January The Township Manager also advised that he has received a report from the Township Engineer relating to Santee Road. Mr. Robertson noted with the resignation of the Craig Hynes effective the end of year the Township will be without a Zoning Officer and stated that this matter must be addressed. Mr. Robertson reminded the Board of Commissioners that the last time the Zoning Officer resigned, the Township contracted the work to the Township Engineering firm and a temporary Zoning Officer must be appointed by the Board of Commissioners. Mr. Amic noted that he plans to speak to the Township Engineer regarding this matter and will have a recommendation for the Board of Commissioners at their next meeting. Mr. Robertson noted that he received a letter regarding cleanup along the canal. The Township Manager stated that he will provide a status report to the Board of Commissioners. Mr. Brady requested that the Board of Commissioners hold an executive session before the end of the year to resolve some personnel issues. It was the consensus of the Board of Commissioners to meet following this evening's regular public meeting. The Township Solicitor announced that at the conclusion of this evening's public meeting, the Board of Commissioners will meet in executive session pursuant to Section 708 (a) of the Pennsylvania Sunshine Act to discuss matters involving the terms and conditions of current Township employees. Mr. Batcha requested that an organized list be prepared for the Board's review for those members of various Boards and Commissions who have expressed interest in either being appointed or reappointed. adjourned into executive session at 8:45 p.m. Respectfully submitted, Judy Todaro Recording Secretary

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