REGULAR PUBLIC MEETING APRIL 6, 2009

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1 1 REGULAR PUBLIC MEETING APRIL 6, 2009 MEMBERS PRESENT OTHERS PRESENT CALL TO ORDER EXECUTIVE SESSION ANNOUNCEMENT Paul Weiss, President Arthur Murphy, Vice President Jerry Batcha, Commissioner Michael Hudak, Commissioner Thomas Nolan, Commissioner Leo DeVito, Township Solicitor Jon Hammer, Township Manager Doug Bruce, Assistant Township Manager Howard Kutzler, Director of Planning Brian Dillman, The Pidcock Company Township Engineer President Weiss called the meeting to order at 7:00 p.m. and led those in attendance in reciting the Pledge of Allegiance to the Flag. Solicitor DeVito announced that the Board of Commissioners met in executive session pursuant to Section 708(a) of the Pennsylvania Sunshine Act prior to this evening s meeting for an employee related issue. Solicitor DeVito also stated that the Board of Commissioners would enter into an executive session after this evening s meeting to discuss litigation involving the Township and a developer. COURTESY OF THE FLOOR DON WRIGHT Mr. Wright noted that the soccer season has begun and there is again a safety 2815 HOPE RIDGE DR. issue with cars parking along Hope Road. Mr. Wright requested that the no parking signs be put along Hope Road. Mr. Wright also asked that the Township contact Lowe s regarding the volume of their PA system and also noted hearing banging at 3:00 a.m. from either deliveries or garbage pickup. ROY ROTH Mr. Roth stated that he was present at a previous meeting where he commented 4323 CHETWIN TERR. regarding a stormwater issue at Chetwin Park. Mr. Roth stated that the project is now complete and he does not believe that the project addressed the stormwater that will come through the playground. Mr. Kutzler stated that the stormwater project in Chetwin Park is part of the First Commonwealth project and security has been posted for the improvements. Mr. Kutzler continued by stating that an off-site system was required for the First Commonwealth project and that system was reviewed by the Township s former engineer. First Commonwealth, however, was not required to solve existing stormwater problems. If the Board of Commissioners would want to solve the existing problems it would need to be a capital project. Mr. Kutzler added that he does not see an immediate threat as a result of First Commonwealth. Mr. Dillman stated that he was out at the project prior to Public Works doing their work. Mr. Roth responded that he finds the work inadequate because it increases the stormwater coming out of the site. Mr. Kutzler responded that within the context of the development, the First Commonwealth project does not make the condition worse. Mr. Roth asked why as the area is being developed, can t the Township try to forestall the inevitable and asked any Board member

2 2 to meet him at the site. Mr. Weiss indicated that he would be happy to come out and look at the site. Mr. Dillman noted that the work that was done created a storm sewer where there was none and believes Mr. Roth s concern is that the channel is undersized. Mr. Dillman added that he does not think this is the case, but will confirm this and get back to the Board regarding the capacity of the channel. BARRY ROTH Mr. Roth stated that the other day it rained.07 and the channel filled up quickly 4323 CHETWIN TERR. and ran fast. His concern is for the kids in the park and he is asking for protection of property. Mr. Roth inquired regarding the status of the Park & Ride and stated that if PennDOT is not going to cooperate with the Township, the Township should ask them to have the state police patrol the facility. Mr. Roth also inquired regarding the purchase order for the purchase of 6 scales and stated that 6 scales are not needed. It may take a little longer to get the job done with 4 scales but if this program makes money the Board could consider adding 2 more scales to next year s budget. Lastly, Mr. Roth questioned whether the Board would be enacting a no burning ordinance this evening. Mr. Hudak stated that it was a discussion item and Mr. Nolan added that this issue was discussed in February Because the pickup of yard waste was not in place at that time, the burning ordinance was tabled. Mr. Nolan further stated that with the recent amendment to the recycling ordinance, haulers will now pick up yard waste twice a year and while there will not be a vote this evening on banning burning, he would like to get the discussion back on the table. APPROVAL OF MINUTES RESOLUTION R Upon motion (Hudak-Murphy), the Board of Commissioners unanimously voted by voice vote to adopt the minutes of the March 16, 2009 regular public meeting as presented. A RESOLUTION ADOPTING AND SUBMITTING TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, FOR ITS APPROVAL AS A REVISION TO THE OFFICIAL SEWAGE FACILITIES PLAN OF BETHLEHEM TOWNSHIP, THE SEWAGE FACILITIES PLANNING MODULE FOR CALVARY BAPTIST CHURCH Upon motion (Nolan-Murphy), the Board of Commissioners unanimously voted by voice vote to adopt and submit Resolution R as presented, to DEP for its approval as a revision to the Official Sewage Facilities Plan of Bethlehem Township, the sewage facilities planning module for Calvary Baptist Church. RESOLUTION R A RESOLUTION GRANTING CONDITIONAL APPROVAL OF THE EPWORTH UNITED METHODIST CHURCH BUILDING EXPANSION SITE PLAN Following a brief overview of the plan and draft resolution by Mr. Kutzler, upon motion (Hudak-Nolan), the Board of Commissioners unanimously voted by voice vote to adopt Resolution R as presented, granting conditional approval of the Epworth United Methodist Church Building Expansion Site Plan.

3 3 MOTION A MOTION AUTHORIZING THE TOWNSHIP MANAGER TO ADVERTISE FOR BID THE BETHLEHEM TOWNSHIP FACILITY DOOR REPLACEMENT PROJECT Mr. Nolan questioned where this project appears in the budget. PPIS Director Steve Hunsberger stated that this is not intended to be a capital project but is considered normal maintenance. Some of the funding will come from the sewer budget and some from the general fund. Mr. Nolan stated that once the bids are received, the Board will have the opportunity to look at this expenditure again. Mr. Hunsberger advised that the bid is only for materials and installation of the doors will be done in-house. by voice vote to authorize the Township Manager to advertise for bid the Bethlehem Township facility door replacement project. PURCHASE ORDER APPROVAL Mr. Hudak commented regarding the purchase order for commercial vehicle scales, noting that $25, has been budgeted of which there was to have been a $15, contribution. Mr. Hudak stated that from all the information he has received, there is no need for 6 scales, actually 2 is all that is required. Mr. Hudak suggested that the number of scales be dropped to 4, see how it goes with 4 scales and perhaps add more scales to the budget next year. Upon motion (Hudak-Murphy), the Board of Commissioners unanimously voted by voice vote to approve a purchase order for the 4 scales. Mr. Nolan inquired regarding the purchase order for the cleaning and finishing of the gym floor at the Community Center and asked if any other quotes were obtained. Mr. Hammer responded that this is being considered a professional service and since Chambers & Sons was the firm that installed the floor, it is believed they would be the best firm to clean and finish he floor. Mr. Nolan stated he likes to see multiple quotes for projects but accepts the explanation for this purchase order. Upon motion (Nolan-Murphy), the Board of Commissioners unanimously voted by voice vote to approve purchase orders 2-12 as listed on the April 6, 2009 agenda. DISCUSSION ITEMS SUBWAY SIGNS Mr. Hammer stated that the Board of Commissioners was in receipt of a memo in which Subway is requesting additional signage in the park to advertise the Subway located in the Community Center. Mr. Batcha stated he is opposed to any additional signage and believes the existing signage is enough. Mr. Hudak stated that he agrees, adding that the Subway needs to stay open more in the evenings. Mr. Murphy questioned who approved the signage for Subway at Easton Ave/Farmersville Rd and Freemansburg Ave/Farmersville Road. Mr. Hammer responded that those signs were part of the original contract. Upon motion (Batcha-Hudak), the Board of Commissioners unanimously voted by voice vote to reject the request for additional Subway signage in Municipal Park. BURNING ORDINANCE Mr. Nolan stated that in February 2006 the issue of an ordinance banning burning was raised and the main issue at that time was that there was no facility for drop off of yard waste and no mechanism in place for yard waste pickup.

4 4 Since that time the recycling center was opened and the recycling ordinance updated to address the issue of yard waste pickup twice a year by individual haulers. Mr. Nolan added that it is now time to proceed with the no burning ordinance and suggested that the Board authorize the Township Manager to get an ordinance before the Board for advertisement. Mr. Hudak stated that there are still people in the Township that rely on burning and he has heard no complaints regarding open burning. Mr. Hudak added that in his opinion, to ban burning just for grant money is a poor reason and questioned how the Board would address fire pits, chimineas, etc. Mr. Hudak suggested that the Manager place this item on the agenda for the next Board meeting and to provide the Board with any memos that are available from DEP regarding burning. Mr. Hudak stated that he believes the current burning ordinance already restricts burning and Mr. Weiss agreed that this issue should be on the next agenda for discussion. Mr. Nolan commented that it is his intent to have the Manager draft an ordinance for action by the Board of Commissioners. RECREATION COMMITTEE Mr. Nolan stated that there were 2 residents interested in serving on the VACANCY Recreation Committee. Mr. Nolan further stated that he called one of the residents and the number was disconnected. He did speak to the other resident, Tom Marullo, who indicated that he was still interested in the position. OTHER BUSINESS Upon motion (Nolan-Hudak), the Board of Commissioners unanimously voted by voice vote to appoint Mr. Tom Marullo to fill the vacancy on the Parks and Recreation Committee. MOTION HOUSENICK PROPERTY ADJOURNMENT Upon motion (Batcha-Nolan), the Board of Commissioners unanimously voted by voice vote to support Chief Pancoast s recommendation regarding Sergeant Leonard Shepulski. Mr. Hudak stated that trails have been marked on the Housenick property and suggested that the Public Works Department come out to knock down the undergrowth before it becomes unmanageable. Mr. Nolan noted that the trustees of the estate have not been finalized and he hopes once their status is confirmed the Township can request funding. Mr. Nolan stated that the County owns the parcel next to the Housenick property and is also a recipient of the funding. Mr. Nolan added that the County Executive has asked to sit down with the Township for discussions. The Board of Commissioners did not object to having the Public Works Department cut the brush on the Housenick property. E-RECYCLING EVENT KARATE TOURNAMENT Mr. Nolan announced that the COG would have an electronic recycling event on Saturday, May 9 th at Easton High School and asked the Township Manager to advertise the event on the website and anywhere else possible. Mr. Hammer indicated that the event has already been posted on the Township s website and as we get closer to the date of the event it will also be posted on the Township s electronic sign. Mr. Hudak announced that there will be a karate tournament on April 18 th at the Community Center.

5 5 WILLOW RIDGE ATTORNEY PIPERATO Solicitor DeVito stated that at the last Board of Commissioners meeting Solicitor Broughal was asked to report back to the Board on the status of the Willow Ridge development. Solicitor DeVito reported that there were 2 letters of credit for this project; the $10, was recently seized and the second letter of credit has long since expired. Solicitor DeVito added that there will be a meeting with the engineer to discuss the retaining wall. Attorney Piperato asked that the Board of Commissioners pass a motion this evening to grant the request of Mr. Atiyeh as set forth in the correspondence of his counsel, John A. VanLuvanee, Esquire dated March 26, 2009, to continue the commencement of the Curative Amendment hearings until the May 4, 2009 Board of Commissioners meeting. by voice vote to grant the request of Mr. Atiyeh as set forth in the correspondence of his counsel, John A. VanLuvanee, Esquire dated March 26, 2009, to continue the commencement of the Curative Amendment hearings until the May 4, 2009 Board of Commissioners meeting. ADJOURNMENT by voice vote to adjourn the meeting at 8:00 p.m. Respectfully submitted, Judy Todaro Recording Secretary