Regular Meeting September 12, 2018

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1 Regular Meeting September 12, 2018 The Regular Meeting of the Washington Township Board of Supervisors was held on September 12, 2018 at 7:00 pm in the Municipal Meeting Room. CALL TO ORDER: Chairman Smith called the meeting to order at 7:01 pm. Vice Chairman Hess was also in attendance. Supervisor Diehl was absent. Also present: Secretary/Treasurer Gail Putvinski, Solicitor David Ceraul and Township Engineer Jeffrey Ott. There were fourteen (14) people in the audience. PLEDGE OF ALLEGIANCE: Recited. APPROVAL OF BILLS: General Fund # $ 225, Garbage Fund # 1176 $ 34, Recreation Fund # $ 23, Liquid Fuels Fund # 1029 $ 253, Road Improvement Fund # 1014 $ 14, Chairman Smith moved to approve the General Fund bills in the amount of $225, and Vice Chairman Hess Public Comment: Vote 2 0 Chairman Smith moved to approve the Garbage Fund bills in the amount of $34,352.49, the Recreation Fund bills in the amount of $23,047.24, the Liquid Fuels Fund bills in the amount of $253, and the Road Improvement Fund bills in the amount of $14, and Vice Chairman Hess All bills are on file in the Administration Building and can be viewed during regular business hours. TAX DUPLICATE CHANGES: Interim Additions, Garbage Additions 1) There were ten (10) real estate interim additions for August 2018 in the amount of $1,308.60, one (1) real estate refund in the amount of $59.11 and two garbage additions at 24 Crystal Lane and 99 Shoup Street. Chairman Smith moved to approve ten (10) 2018 interim real estate additions in the amount of $1, for the month of August and two (2) garbage additions at 24 Crystal Lane and 99 Shoup Street and Vice Chairman Hess TREASURER S REPORT: Gail Putvinski 1) Account Balance Review Treasurer Gail Putvinski reviewed the account balances as of August 31, APPROVAL OF MINUTES: 1) Regular Meeting of August 8, 2018 Chairman Smith moved to approve the minutes of the regular meeting held on August 8, 2018 and Vice Chairman Hess Public Comment: Vote 2 0

2 CORRESPONDENCE: 1) Slate Belt Chamber of Commerce Newsletter, August ) Valley Industrial Properties, LLC, Response to August 8, 2018 Inspection Report Received violation report and Valley Industrial Properties responded in writing. 3) NCATO County Convention Scheduled for October 11, ) 2018 PACOG Annual Conference, October 5, ) PSATS NewsBulletin, July-August ) Lehigh Valley Chamber of Commerce Energy & Environment Committee Hosting Sustainability Summit on September 21, ) PennDOT, Moving Forward Summer ) Meyner Center Annual Forum, Municipal Recreational Programs and Facilities A copy of the Meyner Center Annual Forum invitation was shared with the Recreation Committee. However, the program is during a weekday and Recreation Committee members may not be available. 9) PA DEP, Notice of Violation for 800 Rutt Road Engineer Jeff Ott stated that this was a fuel oil spill. The owners reported the spill to DEP and will hire a consultant to address the issue. 10) Slate Belt COG Minutes 8/22/18 Meeting 11) PA One Call, POC Data Resolution PA One Call is requesting a Resolution identifying a point of contact. This will be moved to the next meeting. 12) CCL-LV, Stormwater Solutions for Emerging Weather Patterns 10/18/18 13) TPC Training Opportunities 14) AccuFund, Financial Management Software and Services The Board of Supervisors agreed the Bookkeeper and/or Secretary/Treasurer could participate in the webinar if interested. 15) PSATS Unemployment Compensation Group Trust 2018 Ballot PUBLIC COMMENT: 1) John Bermingham Sr. Executive Director of the SB COG Introduction to the Board of Supervisors John Bermingham Sr. addressed the Board of Supervisors and attendees. He provided an overview of his education and career background. In addition, Mr. Bermingham noted some key points of focus for the COG including the goal to utilize more business principals, update the by-laws, begin the budget process earlier, pursue grants, increase communications and hire another individual to fill the ACO position. 2) Barry Schweitzer, Bangor Borough Request Township to Ask DEP to Increase Standards for Clean Fill and Regulated Fill, and Bring PCB Standards into Uniformity with Those of the EPA Mr. Schweitzer shared that he is currently a member of the Bangor Borough Council, Chairman of the Bangor Authority and a member of the COG. Mr. Schweitzer stated his

3 purpose for addressing the Board of Supervisors is to request support in pursuing higher standards for clean fill and regulated fill. Mr. Schweitzer stated that NJ and NY have more stringent standards than PA. As a result, the Slate Belt, due to its proximity to NJ and NY, is receiving a high volume of contaminated soil from other states. This is having a negative environmental impact on the Slate Belt. Mr. Schweitzer asked the Board to submit a letter of support to the DEP asking for standards that align with NJ and NY. Chairman Smith made a motion to prepare a letter to DEP supporting an increase in standards for clean fill and regulated fill to the same levels as our nearby states and Vice Chairman Hess 3) Chip Turtzo, Request for Annexation of Parcel on Boundary Line with Roseto Mr. Turtzo requested annexation of a parcel at the corner of North Street in Roseto, which would allow for sewer hook-up in Roseto. The recommendation of annexation was proposed by the Roseto Sewer Authority Council when the issue was presented at their meeting on Monday night. Engineer Jeffrey Ott stated that he researched Act 537 and it is his opinion that the annexation is an option but not required. He stated that, if approved, Bangor Authority would perform treatment and Roseto Authority would be responsible for conveyance. An inter-municipal agreement would be required. The sewer would need to be extended from Roseto to Washington Township. The cost would be the responsibility of the owner and would require a private Engineer or the Engineer from the Sewer Authority. Mr. Turtzo also referenced a letter he received in He requested a copy of the attachment referenced in that letter. Vice Chairman Hess authorized Solicitor Ceraul to work with the owner and develop the required Inter-municipal Agreements to provide for sewer hook-up to Roseto, noting that the parcel is in Act 537, and Chairman Smith 4) Dick Lane, 143 OW Road, Status of Third Supervisor Dick Lane asked for an update regarding the third Supervisor. Solicitor Ceraul confirmed that Supervisor Diehl has not had an active role or been in attendance at any meetings since June 27. A status is not known. Mr. Lane asked if the charges against the supervisor had been reported to the ethics commission and Solicitor Ceraul confirmed they were. Solicitor Ceraul noted that the 2 nd Class Township Code provides some recourse regarding an inactive Supervisor; however, the remaining Board members cannot make a motion to remove a Supervisor. Solicitor Ceraul stated that 5% of electors can present a signed petition to the Court of Common Pleas for action. Solicitor Ceraul also stated that in the event a Supervisor were to step down, the Board can appoint an individual to complete the term; or until the opening appears on the next ballot. Lastly, Solicitor Ceraul stated that additional legal research may be needed if the Board pursues this matter. Dick Lane stated that a resident was unable to attend the meeting and asked Dick to inquire about concerns within the Township that had previously been raised by Rick Weaver. One specific property of concern pertained to an addition for a local business. Engineer Jeffrey Ott moved the discussion to Item 2 under Engineer s Report, pertaining to the Penn Jersey Gas Station building addition at 232 Blue Valley Drive. Acting Zoning Officer Tina Serfass contacted Mr. Ott and asked if a site plan review was performed on the proposed addition. Mr. Ott stated there had not been a site plan review. It was determined that the addition exceeds allowable maximum of 50% - it is 54%, and there are insufficient parking spaces planned. Mr. Ott stated he believed it should have been Land Development

4 or, at minimum, a required site plan. However, Robert Scott issued the permit during his role as Zoning Officer. Solicitor Ceraul stated that the permit was issued and now needs to be honored. Mr. Ott noted that Acting Zoning Officer Tina Serfass is being very diligent in reviewing and addressing open requests and issues. RECREATION: Justin Huratiak 1) Recreation Complex Phase 2 Grant Update There are no new updates regarding the pending grant submission with DCNR for ) Recreation Complex Phase 2 Plans Last meeting the Board of Supervisors approved the perc/probe proposal from Ott Consulting Inc. The perc and probe work is the first step in the Stormwater Plan presented by URDC. The revised Master Stormwater Plan was recommended by the County Conservation District. The proposal for percs and probes was actually directed to URDC as a component of their Stormwater Plan. Chairman Smith made a motion to approve the URDC Stormwater Plan at a cost of $24,700.00, of which $9, is the perc/probe work by Ott Consulting Inc. discussed last meeting, and Vice Chairman Hess 3) Bog Turtle Habitat Assessment The Bog Turtle Habitat Assessment has been completed. The report indicates a potential bog turtle habitat. The Township will either need to avoid the potential habitat area or conduct a second study prior to utilization of the land. 4) L&I Complaint Justin Huratiak stated that the Township applied for an extension for the two L&I violations; one for the pavilion and one for the scoreboard. He and Engineer Ott will be attending a hearing in Harrisburg with L&I to discuss the extension requests and seek a variance for the restroom requirement. Permit applications for the pavilion and scoreboard will be submitted to L&I next week. L&I indicated that additional work will be required to for the permits including the exposure and re-inspection of the electricity and footings. 5) Cease & Desist Order to Vacate No additional update. POLICE CHIEF REPORT: Chief Miller 1) Incident Report There were 173 documented calls for service in August. 2) Police Vehicle Mileage Total mileage for the police vehicles for the month of August was 4,435. ZONING REPORT: 1) Activity Report Tina Serfass of Keller Zoning & Inspection Services, the Acting Zoning Officer for Washington Township, was not in attendance but submitted an Activity Report for review by the Board of Supervisors. 2) Request for Creation of Agricultural Security Area for 1290 Five Points Richmond Road (E ) 3) Request for Creation of Agricultural Security Area for 84 Hester Road (E )

5 4) Request for Creation of Agricultural Security Area for 1476 Ackermanville Road (F ) Solicitor Ceraul stated this is the first step in preserving the farmland. Solicitor Ceraul shared that the standard process followed by the Township is to accept the request to create the agricultural security area and wait the 180 day period. The second step will take place after that period. Chairman Smith made a motion to accept the creation of an agricultural security area for 1290 Five Points Richmond Road (E ), 84 Hester Road (E ) and 1476 Ackermanville and approve after the 180 day period and Vice Chairman Hess ENGINEER S REPORT: Jeff Ott was absent from meeting but provided a written update. 1) Messinger Street Culvert Grate Replacement Grant application is nearing completion and submission is expected in September. A resolution is required for the LSA grant. Chairman Smith made a motion to approve a Resolution authorizing the application for $15, for the LSA grant and authorizing the Secretary/Treasurer to sign related documents and Vice Chairman Hess 2) Penn Jersey Gas Station Building Addition, 232 Blue Valley Drive Addressed under Public Comment 3) Inspection of On-Lot Septic Systems for District 7 Commercial Properties, Per Ordinance 274 Commercial properties require pumping and inspection on a regular basis. This has not been done in several years. In the past the letters were sent from the Zoning Department. Chairman Smith made a motion to authorize the SEO to send out letters to identified commercial establishments for the pumping of septic systems and the cleaning of grease traps and Vice Chairman Hess 4) Best Management Practices (BMP) Inspections, Owner Notification Letter Engineer Ott explained that as part of the MS4 work, inspections are required at certain properties. The list of properties and proposed letter was reviewed by the Board. Chairman Smith made a motion to authorize Ott Consulting Inc. to send the MS4 inspection letter to appropriate property owners for inspection of BMP s and Vice Chairman Hess seconded the motion. 5) MS4 Annual Report Engineer Ott provided a high level overview of the MS4 Annual Report. Chairman Smith made a motion to approve and sign the MS4 Annual Report and authorize submission by Engineer Jeffrey Ott and Vice Chairman Hess BOARD OF SUPERVISORS: Robert Smith 1) Well Improvements Completed to Address Higher Than Acceptable Nitrate Levels at Township Administration Office Work was performed on the well on September 7th. The Township will need to re-test for nitrate to gauge the impact of the improvements.

6 2) Options for Northampton County Gaming Authority Grant Funds Police Chief Miller reviewed the list of proposed public safety purchases he presented last meeting; body worn cameras, TRACS which improves the processing of citations, Taser X26P - newer models, an additional AED, and an updated child ID software program. In addition, Chief Miller stated a resident suggested a portable speed monitoring device and he asked the Board to consider that purchase. Gail Putvinski agreed that all items should be eligible expenses, but requested that the list be reviewed by Karen Collis to confirm eligibility prior to purchase. It was also noted that the well improvements will be covered by this grant. Chairman Smith made a motion to approve the purchase of the public safety items outlined by Chief Miller, including the portable speed monitoring device, utilizing the 2018 Gaming Grant funds and Vice Chairman Hess Public Comment: Discussion took place regarding the value of portable and permanent speed monitoring devices. Vote 2 0 3) Plan for Repairs in Township Administration Building Including Door Alignment, Correction of Stress Cracks The Board of Supervisors agreed to meet to prepare a list of repair items. 4) Options for Yard Waste Disposal Tom Stang from Waste Management previously provided a cost estimate for curbside pick-up of yard waste twice a year. Mr. Stang originally planned for the pick-up to take place on a Saturday. However, Mr. Stang is now considering the possibility of a weekday pick-up. The Board of Supervisors asked that this item be moved to the next meeting. 5) Township Newsletter Update The Draft Newsletter is complete and has been reviewed by the point of contact for each department. The Supervisors are asked to provide any additional comments by tomorrow. 6) 2019 Minimum Municipal Obligations Police Pension, Non-Uniform Pension Gail Putvinski shared that the pension minimum municipal obligations (MMO) have been calculated. The MMO is based on the number of individuals in the plan, the number of retirees and the state of the economy. The police pension plan MMO for 2019 is $125, The minimum municipal obligation for the non-uniform defined benefit plan for 2019 is $24, This plan covers the members of the road department and the office staff. The MMO for the non-uniform cash balance plan is $0.00 since there are no employees on that plan. Chairman Smith moved to approve the minimum municipal obligation for the police pension plan for 2019 at the amount of $125,942.00and Vice Chairman Hess Chairman Smith moved to approve the minimum municipal obligation for the PMRS non-uniform defined benefit plan for 2019 at the amount of $24,564 and the minimum municipal obligation for the PMRS non-uniform cash balance plan for 2019 at the amount of $0.00 and Vice Chairman Hess 7) 2019 Budget Planning and Approval to Advertise Budget Meeting Dates A draft timeline was provided to the Board of Supervisors with a list of potential Budget Meeting dates. This follows the same timeline used over the last several years. The proposal includes a high level overview at the October 10, 2018 Regular BOS meeting, a Special Budget Meeting at 9:00 am on October 17, 2018, a Budget review at the Special Budget Meeting already scheduled for 3:30 pm on October 24, 2018 and a Special Budget Meeting at 9:00 am on November 7, 2018.

7 Chairman Smith moved to authorize the advertisement of the 2019 Budget Meeting on October 17 th at 9:00 am, October 24 th at 3:30 pm and November 7 th at 9:00 am and Vice Chairman Hess 8) Approval to Transfer $32, From General Fund (Tax Account) to Sinking Fund, $14, From General Fund (Tax Account) to Sinking Fund 2013 General Note, and $18, From General Fund (Tax Account) to Sinking Fund 2015 Emer Road, Per Budget These transfers are performed multiple times a year to fund the sinking funds used for the payments of the building loan, vehicle loans, the loan for the 2013 Rutt Road project and the loan for the 2015 Emergency Road project. Chairman Smith moved to approve the transfer of $32, from General Fund (Tax Account) to the Sinking Fund per the budget and Vice Chairman Hess Chairman Smith moved to approve the transfer of $14, from the General Fund (Tax Account) to the Sinking Fund 2013 General Note, per the budget and Vice Chairman Hess Chairman Smith moved to approve the transfer of $18, from the General Fund (Tax Account) to the Sinking Fund 2015 Emer Road, per the budget and Vice Chairman Hess seconded the motion. 9) Set Date and Time for Trick or Treat, October 28 th is the Sunday Before Halloween Chairman Smith moved to schedule Trick or Treat for Washington Township on Sunday, October 28, 2018 from 2:00 5:00 pm and Vice Chairman Hess 10) Plans for November 6 th Election Discussion took place regarding the expected turn-out and the need for extra lighting on Election night. The Board agreed to rent a portable light fixture for this election. The police department will coordinate the opening of the building and place cones on Washington Blvd. Chairman Smith moved to rent a light for election on November 6, 2018 and Vice Chairman Hess 11) Real Estate Tax and Garbage Fee Late Notices Scheduled to be Sent by Berkheimer Associates by September 30, ) Renewal of Sinking Fund CD Chairman Smith moved to renew the Sinking Fund CD at the current rate and term and Vice Chairman Hess 13) Approval to Transfer $5, from General/Tax Fund to Police Post-Retirement Health Care Account, Per the Budget Chairman Smith moved to transfer $5, from General/Tax Fund to Police Post-Retirement Health Care Account, per the budget, and Vice Chairman Hess

8 14) Slate Belt COG Amended Articles of Agreement The Board of Supervisors received a copy of the Draft Articles of Agreement, as discussed by John Bermingham under Public Comment, and can review and provide updates. 15) Municipal Pension Audit for Years Underway by Department of the Auditor General The pension audit is underway. This audit is covering four years which is a longer than usual length of time. 16) Actions to Address 2018 Municipal Pension Distress Determination Score of 2 The Township received a pension distress determination score of 2. This relates to the funding level of the pension. The Board was provided with a copy of the documentation and proposed responses. The improvement plan was prepared by Principal who manages the police pension plan investments. Gail Putvinski contacted the Department of Auditor General to discuss the statement on the document that indicates a mandatory aggregation of trust funds. The representative agreed that the requirement was not feasible for the Township due to contract agreements. The Board agreed to review and move the decision to the next meeting. 17) Township Health Insurance Renewal The Township received a renewal notice from Capital Blue. As a reminder, the Township held an employee meeting in July to review options. Also discussed at the July meeting was the concept of moving the employee premium contribution to pre-tax. The Board of Supervisors agreed to move this topic to the October meeting. 18) LVPC, Slate Belt Multimunicipal Comprehensive Plan Meeting and LOS A few years ago the Township agreed to participate in the development of a multimunicipal comprehensive plan with other Slate Belt municipalities through the COG. A grant was obtained to begin the work. The LVPC provided documentation on the plans to move forward with the project. The next steps include a formal meeting with individuals from each municipality and a request to prepare a Resolution to support an LSA grant application for additional funding. The Board agreed to approve the Resolution. In addition, the Board agreed to identify a designated point of contact at the October meeting. Chairman Smith made a motion to adopt Resolution supporting the LSA grant for the multimunicipal comprehensive plan and Vice Chairman Hess 19) Office Liaison Chairman Smith stated that during the January re-organization meeting Supervisor Diehl was identified as the liaison to the office staff. Due to her on-going absence Chairman Smith proposed a change to the liaison. Chairman Smith made a motion to appoint Vice Chairman Hess as the liaison to the office staff and Vice Chairman Hess seconded the motion, with concurrence from Solicitor Ceraul that he could second the motion and be the appointed individual. ROADMASTERS REPORT: Robert Smith 1) Update Regarding Condition of Roads Paved in 2017 Engineer Jeffrey Ott reviewed the core sample results that were taken on Hester Road. Mr. Ott noted that he has been working with Tim Montag from LTAP on this issue. The analysis of the core samples determined that Intercounty Paving met the requirement for quantity/depth. The open question pertains to the quality of the material. The

9 recommendation by Mr. Ott is to ask Intercounty Paving to crack seal the road and apply oil and chip. Chairman Smith made a motion to have Engineer Ott contact Intercounty Paving and request an application of crack seal followed by oil and chip of Hester Road and Vice Chairman Hess seconded the motion. 2) Status of 2018 Road Project The project is complete. 3) Damage to American Bangor Road A tractor trailer turning into Capital Plaza damaged the road. An estimate has been obtained from Bracalente Construction Inc. and submitted to the owner of the truck with a copy of the police report. 4) OW Road PA American Water is upgrading the water line on the road. Concerns were raised regarding the lack of notification to residents, poor condition of the road and lack of signage. Engineer Ott stated he received a complaint from a resident that the road was unsafe. Chairman Smith made a motion to have Engineer Ott contact PA American Water Company, share the concerns and obtain a status on their schedule for completion, and Vice Chairman Hess SOLICITOR S REPORT: David Ceraul 1) No additional updates. ADJOURNMENT: Chairman Smith moved, and Vice Chairman Hess seconded to adjourn at 9:27 pm. Respectfully submitted, Gail Putvinski Secretary/Treasurer Washington Township Board of Supervisors

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