REGULAR PUBLIC MEETING NOVEMBER 21, Jerry Batcha, Commissioner Arthur Murphy, Commissioner Thomas Nolan, Commissioner

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1 189 REGULAR PUBLIC MEETING NOVEMBER 21, 2005 MEMBERS PRESENT MEMBERS ABSENT OTHERS PRESENT CALL TO ORDER GENERAL ANNOUNCEMENTS EXECUTIVE SESSION ANNOUNCEMENT Allan Robertson, President Jerry Batcha, Commissioner Arthur Murphy, Commissioner Thomas Nolan, Commissioner Leonard Hudak, Vice President Thomas Elliott, Township Solicitor Jon Hammer, Township Manager Doug Bruce, Assistant Township Manager Howard Kutzler, Director of Planning & Economic Development Andrew Freda, Director of Finance Richard Kanaskie, Spotts, Stevens & McCoy Township Engineers President Robertson called the meeting to order at 7:04 p.m. and led those in attendance in reciting the Pledge of Allegiance to the Flag. Mr. Robertson announced that various programs continue to be held and residents should refer to the newsletter for details. Solicitor Elliott announced that the Board of Commissioners met in executive session pursuant to Section 708(a) of the Pennsylvania Sunshine Act beginning at 5:00 p.m. on Tuesday, November 15, 2005 to discuss matters involving the terms and conditions of employment, and the termination of a current Township employee. COURTESY OF THE FLOOR ANDY MAHAN Mr. Mahan commented that he believes the baseball field at Municipal Park is 3870 CYPRESS LN. being under-used because of the terms of the lease with FBTAA who lease the field every school night and all day Saturdays. Mr. Mahan stated that his son plays with an AAU tournament team and fields are very difficult to find for practices. Mr. Mahan asked if the details of the lease could be made so that his son s team could lease the fields for 3 hours on a Saturday and 1 week-night until dark. Mr. Mahan further stated that the team would be willing to pay the fees. Mr. Robertson suggested that Mr. Mahan complete the lease application and forward it to Township Manager Jon Hammer. BARRY ROTH Mr. Roth questioned who supplies the uniforms for the crossing guards and 4323 CHETWIN TERR. suggested that they be provided with bright yellow vests. The Township Manager noted that the crossing guards will be provided with illuminated stop signs in the near future. Mr. Roth also commented regarding the recent newspaper article regarding the fees the Township will be assessed for the upgrade to the City s sewage treatment plant and stated that if the Township has to pay these fees, the big developers coming into the Township should pay the fees and not the residents. MELISSA QUACKENBUSH Ms. Quakenbush asked that the Township website be updated because it 4030 LANTERN PL. does not contain any current information. APPROVAL OF MINUTES Upon motion (Batcha-Nolan), the Board of Commissioners voted 4-0 by voice vote (Mr. Hudak was absent) to approve the minutes of the November 3, 2005

2 190 Special Public Meeting and the November 7, 2005 Regular Public Meeting as presented. FIRST READING OF PROPOSED 2006 BUDGET Finance Director Andrew Freda read the estimated receipts and expenditures for the 2006 General Fund, Capital Reserve, Liquid Fuels and Sewer Fund budgets. Mr. Murphy noted that on pages G22 and L1, #5 William Penn Highway should be Hecktown Road. RESOLUTION R A RESOLUTION ACCEPTING THE OFFER OF DEDICATION OF ADDITIONAL RIGHT-OF-WAY ALONG FARMERSVILLE ROAD (S.R. 2011) AS SHOWN ON THE FINAL MAJOR SUBDIVISION PLAN FOR RICHARD D. AND MARY E. GRUBE Upon motion (Murphy-Batcha), the Board of Commissioners voted 4-0 by voice vote (Mr. Hudak was absent) to adopt Resolution R as presented, accepting the offer of dedication of additional right-of-way along Farmersville Road (S.R. 2011) as shown on the final major subdivision plan for Richard D. and Mary E. Grube. RESOLUTION R A RESOLUTION AUTHORIZING THE ACQUISITING, BY ACCEPTANCE OF AN OFFER OF DEDICATION AND DEED OF DEDICATION IN LIEU OF CONDEMNATION, FOR TWO PARCELS OF LAND OWNED BY K & E CORPORATION, FOR PUBLIC USES AND PURPOSES, INCLUDING STREET WIDENING, TRAFFIC SIGNALIZATION, STORMWATER MANAGEMENT AND RELATED IMPROVEMENTS TO EASTON AVENUE AND OAKLAND ROAD Upon motion (Nolan-Murphy), the Board of Commissioners voted 4-0 by voice vote (Mr. Hudak was absent) to adopt Resolution R as presented, authorizing the acquisition by acceptance of an offer of dedication in lieu of condemnation for 2 parcels of land owned by K & E Corporation for public uses and purposes including street widening, traffic signalization, stormwater management and related improvements to Easton Avenue and Oakland Road. MOTION A MOTION AUTHORIZING THE TOWNSHIP MANAGER TO EXERCIS E THE TOWNSHIP S LEGAL RIGHTS AGAINST THE LETTER OF CREDIT FOR LEHIGH VALLEY HOSPITAL CENTER, IF THE SAME IS NOT RENEWED PRIOR TO ITS EXPIRATION DATE OF DECEMBER 1, 2005 Upon motion (Batcha-Nolan), the Board of Commissioners voted 4-0 by voice vote (Mr. Hudak was absent) to authorize the Township Manager to exercise the Township s legal rights against the letter of credit for Lehigh Valley Hospital Center if the same is not renewed prior to its expiration date of December 1, MOTION A MOTION AUTHORIZING THE TOWNSHIP MANAGER TO ADVERTISE AN ORDINANCE AMENDING CHAPTER 18, SEWERS AND SEWAGE DISPOSAL, PART 3, RENTALS AND 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 1-94

3 191 Mr. Robertson explained that this motion will authorize the Township Manager to advertise an ordinance to provide for an increase in sewer rates. vote (Mr. Hudak was absent) to authorize the advertisement of an ordinance to revise the consumption-based billing rate structure of the sanitary sewer service. ZONING HEARING BOARD AGENDA MEETING OF NOVEMBER 30, 2005 Mr. Kutzler commented regarding Case #05-ZHB-39 and explained that this case is an appeal of a Cease and Desist Order issued by the Zoning Officer and staff is recommending that the Township Solicitor be authorized to represent the Township during the hearing. vote (Mr. Hudak was absent) to authorize the Township Solicitor to represent the Township during the hearing of Zoning Hearing Board Appeal # Mr. Nolan questioned Case #05-ZHB-38 relating to the reclassification of Farmersville Road from a connector street to a collector street. Mr. Kutzler responded that he believes this will be an open and shut case because the applicant is using a 1996 map instead of the 1997 map. APPROVAL OF TREASURER S REPORT PURCHASE ORDER APPROVAL Upon motion (Nolan-Murphy), the Board of Commissioners voted 4-0 by voice vote (Mr. Hudak was absent) to approve the Treasurer s Report as of October 31, 2005, subject to audit. Mr. Nolan commented regarding purchase order # for the Postmaster General related to the mailing of the gaming survey. Mr. Nolan noted that of the total cost for postage, $3, represents the cost of postage on the return envelope and questioned whether the Board of Commissioners wants to include return postage. Mr. Murphy asked if the Board should discuss whether they want to send out a survey at all. Mr. Batcha noted the importance of having public input because should there be an application for a gaming license in Bethlehem Township, the comments made during the public hearing and the comments contained in the survey is what the Gaming Commission will take into consideration before issuing the license. Mr. Batcha stated he feels the survey will be valuable to the Township. Mr. Murphy stated he agrees with holding a public hearing but feels the survey is a waste of time and added that there were no surveys when then Township was dealing with the update of the Comprehensive Plan and Zoning Ordinance. Mr. Murphy further stated that public hearings give everyone an opportunity to speak and the Township would be spending money on a survey that will not bring a benefit to the Township. Mr. Batcha stated that he believes the survey will add validity because public hearings tend to draw out of passion people. Mr. Robertson inquired whether there were other alternatives by which the survey could be mailed, such as including it in a newsletter, sewer bills or with the real estate tax bills. Mr. Kutzler responded that the saturation of the newsletter bleeds into other municipalities and Mr. Freda indicated that it could be included with the real estate bills at an additional cost of $.03 per flyer. Mr. Batcha noted the expediency for the Planning Commission to move forward with the survey now. Mr. Nolan stated that if the Township receives a 25% return of the survey, 75% of the return envelopes would be a waste. Mr. Nolan further stated that he is not questioning the survey but is questioning the $.37 return stamp. Mr. Robertson stated that he feels some of the questions are leading and does not believe

4 192 anyone would want a casino placed near a school or place of worship. Mr. Robertson stated that he does agree with Mr. Nolan that the $.37 return postage should be deleted. Mr. Murphy asked if the Board should see a resolution from the Planning Commission stating their recommendation regarding the survey. Mr. Batcha noted the expediency of doing the survey and stated the Township does not have the luxury of time. Mr. Murphy then questioned what percentage of return is expected. Mr. Kutzler responded that based on literature that he has read, it is expected to see 15% -25% of the surveys returned. Mr. Murphy suggested that the Township hold one or two public hearings instead and Mr. Batcha noted that if 25% of the surveys are returned, that could be several thousand. Mr. Nolan added that the survey gives a broad group the chance to give their opinion and he would hope that the survey is out prior to a public hearing. Mr. Robertson inquired whether the Board had questions on any of the other purchase orders presented for approval. Solicitor Elliott questioned whether there were any other purchase orders to be paid in conjunction with the gaming survey. The Township Manager responded that there was a purchase order for the printing costs in the amount of $1, and a purchase order for Raven Direct for preparation of the survey for mailing in the amount of $453.25, which typically do not require Board approval. Solicitor Elliott questioned whether the purchase order for premium gasoline was under a state contract. The Township Manager advised that premium gasoline is purchased through a state contract. Mr. Robertson commented regarding a potential capital project for an indoor practice facility that was requested by FBTAA and not supported by the Board of Commissioners. Mr. Robertson then noted purchase order no for BTAA in which they are requesting reimbursement for the rental of an indoor facility for basketball/softball. Mr. Robertson stated that if the Board was telling one group no to an indoor practice facility then it should be consistent by telling the other group no. Mr. Murphy noted that BTAA practices softball year round. Upon motion (Batcha-Murphy), the Board of Commissioners voted 3-1 by roll call vote (Mr. Hudak was absent and Mr. Robertson voted nay) to approve purchase orders 1-14 as shown on the November 21, 2005 Board of Commissioners agenda. Mr. Batcha then made a motion to approve purchase order 15 as presented. There being no second to the motion, the motion died. Upon motion (Nolan-Batcha), the Board of Commissioners voted 3-1 by roll call vote (Mr. Hudak was absent and Mr. Murphy voted nay) to approve purchase order 15 with the deletion of the $.37 return envelope postage. COMMUNITY CENTER BILLINGS Upon motion (Batcha-Murphy), the Board of Commissioners voted 4-0 by voice vote (Mr. Hudak was absent) to approve a community center payment to CC, Inc. as presented. APPROVAL OF BILL Upon motion (Batcha-Murphy), the Board of Commissioners voted 4-0 by voice AGENDA vote (Mr. Hudak was absent) to approve the bill agenda of November 16, 2005 as presented. ACCEPTANCE OF MONTHLY REPORTS Mr. Robertson asked that any questions regarding the monthly reports be directed to the Township Manager or the respective Department Head.

5 193 OTHER BUSINESS COMMUNITY CENTER ADJOURNMENT Mr. Nolan commented that the Board of Commissioners will need to address the issue of the Community Center and get input from those responsible so that an opening date can be fixed. vote (Mr. Hudak was absent) to adjourn the meeting at 8:05 p.m. Respectfully submitted, Judy Todaro Recording Secretary