MEMBERS IN ATTENDANCE: S. Disidore, H. Klein, D. Ascani, S. Gallaher, and M. DeBerardinis

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1 The March 6, 2017, meeting of the Lower Mount Bethel Township Board of Supervisors was held at 6984 S. Delaware Drive, Martins Creek, Pennsylvania (formerly known as Centerfield School). The meeting was called to order by Chairman Stu Gallaher at 7:00 p.m. There was three people in attendance. MEMBERS IN ATTENDANCE: S. Disidore, H. Klein, D. Ascani, S. Gallaher, and M. DeBerardinis PROFESSIONAL STAFF IN ATTENDANCE: J. Coyle, J. Zator, and L. Stauffer MINUTES: The minutes of February 20 th were presented for review and approval. S. Disidore requested the name of the General Code representative be corrected. S. Gallaher made a motion to adopt the minutes as amended. H. Klein seconded. Motion passed (5-0). CORRESPONDENCE: All Township correspondence is on file in the Township office for public inspection. COURTESY OF THE FLOOR: Al Capecci and Susan Pensack appeared to discuss the direction of Recreation Board since the Township has been unable to appoint a third member that would constitute a quorum. It was noted that the number of children in the Township appears to be declining; therefore, it is unlikely that a sports program will be reconstituted in the near future. Various other ideas for recreation were discussed, including a community day. L. Stauffer volunteered to meet with both Recreation Board members the following night to discuss it further. OLD BUSINESS: 1. Lock Closing Documents J. Zator reminded the Board that the Township received correspondence from Maria Bentzoni of Northampton County Farmland Preservation for closing for development rights on a property owned by Jonathan lock. The property is primarily located in Plainfield Township with 17 acres situated in Lower Mount Bethel Township. Closing has already taken place and it was after the fact that Ms. Bentzoni realized she did not procure the Township s signatures. J. Zator stated he has reviewed the documents and he feels the document is satisfactory to sign. S. Gallaher made a motion to authorize three supervisors to execute the closing documents. H. Klein seconded. Motion passed (5-0). 2. Hess ASA Public Hearing The Township received two applications proposing to amend the existing Agricultural Security Act by including two parcels owned by the Hess family and located on Lower Mud Run Road. One parcel consists of approximately 75 acres and the second parcel consists of approximately 81 acres. J. Zator stated the properties have been appropriately posted and the appropriate advertisements as set forth 1

2 in the statute have been complied with. The applications were forwarded to the appropriate agencies for comment as defined in the statute and all responses were receptive to the inclusion of the two parcels. No public comments were received. S. Disidore made a motion to adopt Resolution No , which amends the existing Agricultural Security Act of Lower Mount Bethel Township to include the proposed parcels. S. Gallaher seconded. Motion passed (5-0). 3. Gravel Hill Enterprises The Township is in receipt of an regarding a meeting held about GHE with numerous DEP representatives present. J. Zator stated he had an opportunity to review the and he views it as a neutral to positive feeling. Some board members felt the letter showed the DEP was looking out for the Township. H. Klein stated he is disappointed and he thought the Township was going to have a seat at the table if and when any meetings transpired. The Board is only learning of the meeting after it has occurred. J. Zator stated the Township has the right to request a public hearing after a permit application has been filed; however, the Township does not have the right to participate in every decision of the DEP. H. Klein stated he wants a copy of every application that is submitted. S. Gallaher expressed his concerns as to whether the Township has the necessary policies and procedures in place to monitor and enforce the settlement agreement. S. Disidore stated the committee needs to meet and finalize the plans. 4. Bridge 31 J. Coyle and D. Ascani both reported they have not received any response from Northampton County Council. J. Coyle will draft a letter for the Board s signature that will serve to correct misconceptions, submit the quote from Bi-State Construction, and a request to appear before County Council to renew the request to rehabilitate the bridge. 5. Speed Radar Devices - J. Coyle reported he has had conversation with Chris Surovy of PennDOT regarding applying for permits to erect the devices on PennDOT roads. The devices the Township purchased are not on the PennDOT bulletin; therefore, PennDOT will not issue a permit for their placement on their roads. J. Coyle stated he is also in contact with ElanCity, who sold the devices to the Township. ElanCity claims they are in the process of qualifying to be on the PennDOT bulletin. J. Coyle stated he is trying to ascertain whether the Township can return the units for a full refund. If not, the Township may be stuck with them. D. Ascani suggested placing one on Gravel Hill Road. J. Coyle will continue to work on the issue and report back to the Board. 6. Multi-Municipal Comprehensive Plan A letter of certification and a draft resolution were circulated to the ten Slate Belt COG municipalities pertaining to the multimunicipal comprehensive plan project. Some board members expressed concern with the resolution as drafted, in particular, the last paragraph. The major concern was the way the paragraph is written, it will obligate the Township financially. J. Zator stated he will redraft the final paragraph to more accurately convey the Board s intentions. 2

3 7. Cleaning Services S. Gallaher reported he has met with the cleaning employee. She acknowledged for the last two years that she has been derelict in her cleaning responsibilities because she has been responsible for caring for an elderly woman who has since moved out. The Board determined an advertisement will be placed seeking proposals for cleaning services. S. Gallaher will work with L. Stauffer to prepare a request for proposal. NEW BUSINESS: 1. Emergency Management Plan J. Larrison presented the Board with an update to the Township s Emergency Operations Plan. The plan must be adopted by resolution. S. Gallaher made a motion to adopt Resolution D. Ascani seconded. Motion passed (5-0). 2. Multi-Municipal Comprehensive Plan J. Zator revised the final paragraph of the resolution as follows: BE IT FURTHER RESOLVED that Lower Mount Bethel Township agrees to Commit to pay its per capita share of up to $5,300 towards the $62,500 match requirement for the creation of the Slate Belt Multi-Municipal Comprehensive Plan and further agrees to participate actively in the process of collaborating and working toward development and completion of the Multi-Municipal Comprehensive Plan process with Bangor Borough, East Bangor Borough, Pen Argyl Borough, Roseto Borough, Portland Borough, Wind Gap Borough, Plainfield Township, Washington Township, and Upper Mount Bethel Township, who together would have the responsibility of the balance of the $62,500 match requirement. S. Gallaher made a motion to adopt Resolution as revised. M. DeBerardinis seconded. Motion passed (5-0). 3. Upper Mount Bethel Township Softball Agreement The Board reviewed a memorandum outlining various concerns after a review of the proposed agreement by the solicitor. One of the issues that were discussed is the inability of the respective Townships to indemnify each other. J. Zator stated there are several Common Pleas court cases that support this principle. The Board discussed the fact that these issues have been discussed multiple years; however, Upper Mount Bethel s solicitor is not receptive in resolving them. A letter shall be drafted to the Upper Mount Bethel Township Board of Supervisors indicating the necessity of the issues being resolved; otherwise, Lower Mount Bethel Township will not allow use of the fields this year. 4. Portnoff Law Associates Correspondence was received from Portnoff indicating that Clayton Stine has filed a bankruptcy petition. They are offering to file objections to the proposed bankruptcy plan if it does not include provisions for the payment of Lower 3

4 Mount Bethel Township s sanitation claims. Currently, Portnoff has over $8,000 in unpaid claims from Mr. Stine. Portnoff is requesting a fee of $500 and court costs for this service; otherwise, they will file a proof of claim and close their files. L. Stauffer indicated Mr. Stine has $661 in unpaid claims with Amato, Keating & Lessa. She has requested Attorney Lessa to file a proof of claim on the Township s behalf for that amount. She also stated that she spoke with Attorney Alderfer from Zator Law, who is an expert in bankruptcy law. Attorney Alderfer recommended the Board accept Portnoff s proposal; otherwise, the Township may lose its place with respect to those claims. S. Disidore made a motion to accept Portnoff s proposal as outlined in their correspondence for $500 and court costs in reference to the bankruptcy petition filed by Clayton Stine. S. Gallaher seconded. Motion passed (5-0). 5. SALDO Fee Schedule L. Stauffer reported that some changes should be made to the existing fee schedule, which was last adopted in Specifically, the amount required for an applicant to submit for escrow is wholly insufficient and it should be increased. The Board requested a revised fee schedule to be drafted and submitted to the Board for review. REPORTS: J. Zator reported that the judgment obtained by the Township for Gacki has been transferred to property owned by Adam and Barbara Gacki that is situated in Carbon County. J. Zator also reported the draft of the letter pertaining to the wireless communication carriers was circulated for the Board to review. S. Disidore made a motion to authorize the Chairman to execute the letter on the Township s behalf. M. DeBerardinis seconded. Motion passed (5-0). S. Disidore discussed a proposal of the Township purchasing property located along Main Street owned by John Monoghan. She discussed the potential of utilizing Open Space funds to make the purchase. The matter will be forwarded to the Open Space Committee for their review and recommendation. H. Klein reported he is in the process of setting up a meeting with Tatamy, Lehigh Valley Planning Commission, PennDOT and Lower Mount Bethel Township regarding the increase in truck traffic. D. Ascani questioned why the discussion on Scott Beers was omitted from the previous minutes. F. Heitzman reported on the activities of the road department including sweeping of the intersections, gardening at Riverton fields, and getting the trucks inspected. 4

5 L. Stauffer submitted her written report. S. Gallaher made a motion to authorize up to $250 to purchase chocolate bunnies for the annual Easter egg hunt. S. Disidore seconded. Motion passed (5-0). INVOICES S. Disidore made a motion to authorize the payment of invoices in the amount of $21, as presented. D. Ascani seconded. Motion passed (5-0). PUBLIC PARTICIPATION: None ADJOURNMENT: S. Gallaher adjourned the meeting at 10:25 p.m. Respectfully Submitted, Lori A. Stauffer Secretary/Treasurer 5