REGULAR PUBLIC MEETING AUGUST 15, Malissa Davis, Commissioner Kim Jenkins, Commissioner Thomas Nolan, Commissioner

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1 1 REGULAR PUBLIC MEETING AUGUST 15, 2016 MEMBERS PRESENT MEMBERS ABSENT OTHERS PRESENT CALL TO ORDER Michael Hudak, Vice President Malissa Davis, Commissioner Kim Jenkins, Commissioner Thomas Nolan, Commissioner Pat Breslin, President Melissa Shafer, Township Manager James Broughal, Township Solicitor Brian Dillman, Pidcock Associates (Township Engineer) Nathan Jones, Planning Director Doug Bruce, Assistant Township Manager Mr. Hudak called the meeting to order at 7 p.m. COURTESY OF THE FLOOR (NON-AGENDA ITEMS) BEN HEDRICK 3653 IRONSTONE ROAD Mr. Hedrick asked Solicitor James Broughal for a timeline for his review of the contracts and warranties related to construction of the community center. Mr. Broughal said: Do you want a quick decision or do you want the right decision? Mr. Broughal said he was still gathering and reviewing documents and he could not give a due date for the effort. Mr. Hedrick asked whether there were any new developments since the board voted at the August 1 meeting to reject a change order request from the contractor of the police carport project. President Hudak said there were no developments to report as the township has not heard back from the contractor. Mr. Hedrick said: Bambi has eaten my beans, referring to an increased number of deer sightings in his neighborhood. Mr. Hudak said he sympathized, as he too had deer roaming through his backyard. WAYNE KRESGE 4349 CHETWIN TERRACE Mr. Kresge referenced a recent Morning Call article citing William Penn Highway as one of the most congested roads in the Lehigh Valley. Mr. Kresge said the feeder roads to William Penn Highway cannot handle the increased traffic and said Bethman Road in particular was a disaster. Mr. Kresge said the township should consider a moratorium on building and development because of traffic and other issues. Mr. Hudak said he is not entirely convinced building and development are the cause of traffic problems in the township. He said pass-through traffic to and from the City of Bethlehem is the real problem. Mr. Kresge said, regardless of the root causes of the situation, we aren t taking care of our infrastructure. MARTIN COMER 3613 DEWALT STREET Mr. Comer referenced a recent Morning Call article about the community center s renovation project. Who are we going to sue? Mr. Comer said. I don t know what you re going to do with it, but we re going to be stuck with it.

2 2 Mr. Comer also said the township should do a better job enforcing its policy against employees smoking in township vehicles. APPROVAL OF MINUTES Upon motion (Davis-Jenkins) the Board of Commissioners voted 4-0 by voice vote to approve the minutes of the regular public meeting of August 1, 2016, as presented. SUBDIVISIONS AND LAND DEVELOPMENT R GRANTING CONDITIONAL USE AND PRELIMINARY/FINAL PLAN APPROVAL TO MCDONALD S USA LLC TO REBUILD A RESTAURANT IN THE COMMERCIAL ENHANCEMENT OVERLAY DISTRICT AT 3925 NAZARETH PIKE. S OF THE BOARD OF COMMISSIONERS Planning Director Nathan Jones said the resolution included two new waivers added to an existing resolution, originally approved by the board April 18, Mr. Jones said the two new waivers (1) allow sidewalk width of 4.5 feet instead of 5 feet because of landscaping requirements and (2) permit a 120-foot throat length on the driveway to meet PennDOT requirements. Mr. Jones said both waivers are essentially housekeeping items. Upon motion (Jenkins-Davis), the Board of Commissioners voted 4-0 by voice vote to approve Resolution R granting conditional use and preliminary/final plan approval to McDonald s USA LLC to rebuild a restaurant in the Commercial Enhancement Overlay District at 3925 Nazareth Pike. R AUTHORIZING AN APPLICATION TO THE NORTHAMPTON COUNTY GAMING REVENUE AND ECONOMIC REDEVELOPMENT AUTHORITY FOR THE 2016 LOCAL SHARE MUNICIPAL GAMING GRANT ROUND 2. Mr. Hudak said the township would be asking for a grant to cover the purchase of one police patrol vehicle. He said the grant application was a second bite of the apple for county gaming funds. vote to approve Resolution R authorizing an application to the Northampton County Gaming Revenue and Economic Redevelopment Authority for the 2016 Local Share Municipal Gaming Grant Round 2. R AWARDING THE CONTRACT FOR THE NANCY RUN CMU CONSTRUCTION PROJECT. Township Manger Melissa Shafer said the township was awarding this contract as a pass-through for a $100,000 Monroe County gaming grant going to Nancy Run Fire Company. Ms. Shafer said the project involves part of the building veneer on the overall firehouse renovation. Ms. Shafer said the recommended bid came in at approximately $114,000 and the fire company has agreed to pay the difference above the grant amount. Upon motion (Jenkins-Nolan), the Board of Commissioners voted 4-0 by voice vote to approve Resolution R awarding the contract for the Nancy Run CMU construction project to Serfass Construction.

3 3 R AWARDING THE CONTRACT FOR THE DUAL FUEL FLEET DISPENSING SYSTEM AND FUEL MANAGEMENT SOFTWARE. S OF THE BOARD OF COMMISSIONERS Ms. Shafer said the township had budgeted money this year to update its gas pumps at the Orth Street facility and one of the sewage pump stations. Ms. Shafer said the recommended bid for the general fund part of the project had come in at $43,000, under the $50,000 budgeted for the project. Barry Roth of 4323 Chetwin Terrace asked if the project included certain required additives to the fuel supply. Ms. Shafer said she didn t know and would have to research an answer. Upon motion (Jenkins-Nolan), the Board of Commissioners voted 4-0 by voice vote to approve Resolution R awarding the contract for the dual fuel fleet dispensing system and fuel management software to Pine Run Construction. A AUTHORIZING THE TOWNSHIP MANAGER TO REQUEST CONTRIBUTIONS FROM BRODHEAD ROAD BUSINESSES FOR THE BRODHEAD ROAD REHABILITATION PROJECT. Commissioner Nolan said he would move to table this motion, because we don t have our act together regarding the legalities of requesting contributions for a municipal project. Upon motion (Nolan-Davis), the Board of Commissioners voted 4-0 by voice vote to table the motion. A EXECUTING A LETTER OF MAP AMENDMENT (LOMA) FOR BETHLEHEM SELF STORAGE, CONDITIONED UPON THE EXECUTION OF A HOLD-HARMLESS AGREEMENT TO THE SATISFACTION OF THE TOWNSHIP SOLICITOR. Mr. Jones said the owners of Bethlehem Self Storage, 2739 Santee Road, are seeking relief from a small part of their facility being included in a new federal flood plain delineation. Mr. Jones said the property owners were asking the township to endorse a letter of map amendment (LOMA) being sent to the Federal Emergency Management Agency (FEMA). Mr. Jones said the township s endorsement does not guarantee a change by FEMA in the delineation. Mr. Jones said this is the first LOMA request received by township since FEMA s most recent updating of flood plain maps. He said the township will likely receive more such requests and staff will be developing a protocol to review them. This protocol would likely include an escrowed fee for the review and a standardized hold-harmless agreement, Mr. Jones said. Commissioner Davis asked if it was necessary for the township to be involved in the process. Mr. Jones and Brian Dillman, representative of township engineer Pidcock Company, said the township s endorsement was a requirement for the LOMA process to move forward. Ms. Davis asked if the township was incurring costs for the review. Mr. Jones said the staff would address any costs by requiring an escrow for any requests of this nature.

4 4 vote to approve a motion executing a letter of map amendment for Bethlehem Self Storage, conditioned upon the execution of a hold-harmless agreement to the satisfaction of the township solicitor. A AUTHORIZING THE TOWNSHIP MANAGER TO ADVERTISE AN ORDINANCE REAPPORTIONING THE TOWNSHIP OF BETHLEHEM, NORTHAMPTON COUNTY, PENNSYLVANIA, INTO FOUR WARDS PURSUANT TO ARTICLE 9, SECTION 11, OF THE PENNSYLVANIA CONSTITUTION AND THE MUNICIPAL REAPPORTIONMENT ACT FOR THE PURPOSE OF DESCRIBING THE DISTRICTS OF THE MEMBERS OF THE BOARD OF COMMISSIONERS NOT ELECTED AT LARGE. Mr. Hudak said this motion represented the township finally getting around to redrawing ward boundaries based on the 2010 census. Mr. Hudak said the changes would take effect January 1, 2017, and so would not affect voting boundaries or polling places for the 2016 presidential election. Ms. Shafer said the finalization of the new ward map would allow the township to release its long-awaited community map update by the end of November Upon motion (Nolan-Davis), the Board of Commissioners voted 4-0 by voice vote to approve a motion authorizing the township manager to advertise an ordinance reapportioning the Township of Bethlehem, Northampton County, Pennsylvania, into four wards pursuant to Article 9, Section 11, of the Pennsylvania Constitution and the Municipal Reapportionment Act for the purpose of describing the districts of the members of the Board of Commissioners not elected at large. A AUTHORIZING THE TOWNSHIP ENGINEER TO PROCEED WITH THE PERMITTING AND DESIGN PHASE OF THE BRODHEAD ROAD REHABILITATION PROJECT, AS OUTLINED IN THE TOWNSHIP ENGINEER S CORRESPONDENCE OF AUGUST 12, Commissioner Jenkins said she would move to table this motion until state grant applications for funding had been decided upon and until there was more clarity on how the project would be funded. Upon motion (Jenkins-Nolan), the Board of Commissioners voted 4-0 by voice vote to table the motion. PURCHASE ORDER, BILL AND CHECK REGISTER APPROVAL Ben Hedrick, 3653 Ironstone Road, asked for information on payments made to J.D. Eckman for bridge work. Ms. Shafer said the township s payment of these bills was reimbursed by St. Luke s Hospital and state grants for work done on Freemansburg Avenue bridges. Mr. Hedrick asked for more information on payments made to Eagle Contracting for the Route 191 Spillway project and whether that project included the basin work on Gloucester Drive. Ms. Shafer said the Gloucester work was indeed part of the project, which is being completely funded by state grants.

5 5 Upon motion (Jenkins-Davis), the Board of Commissioners voted 4-0 by voice vote to approve the bill agenda as presented. Upon motion (Davis-Jenkins), the Board of Commissioners voted 4-0 by voice vote to approve four purchase orders as presented. TREASURER S REPORT Upon motion (Nolan-Davis), the Board of Commissioners voted 4-0 by voice vote to approve the treasurer s report, subject to audit. ZONING HEARING BOARD MEETING ACCEPTANCE OF MONTHLY REPORTS There was no discussion regarding the agenda for the August 31 meeting of Zoning Hearing Board. vote to accept the monthly reports, as presented. DISCUSSION ITEM Mr. Broughal said there has been a recent proliferation of mini-poles being placed in public rights-of-way in the Philadelphia area. Mr. Broughal said these devices are essentially boosters for cellular service and are needed because large cell towers can longer handle the flow of information going to and from cell phones and other mobile devices. Mr. Broughal said the mini-poles have not yet been seen in the Lehigh Valley, but he thought it prudent and pro-active to propose regulations on them ahead of time. The proposed ordinance would regulate such devices only on township property, Mr. Broughal said; private property would not be affected. vote to authorize the township manager to advertise an ordinance providing for the creation of a new Article IV under Chapter 225, Street Openings and Public Interest Improvements Construction, to be known as Right-of-Way Management, of the Code of Ordinances of the Township of Bethlehem; more particularly providing for the addition of provisions dealing with right-of-way management regulations; adding definitions requiring registration for use of the public rights-of-way; establishing exempt and non-exempt entities; establishing certain regulations for use of public rights-of-way; providing for standards of services for entities using public rights-of-way; establishing certain right-of-way management and rental fees; establishing surety provisions for use of public rights-of-way; providing for the enforcement of said regulations; saving certain provisions from repeal; and providing for an effective date. DISCUSSION ITEM Mr. Jones said the township staff was proposing an ordinance to better manage foreclosed and abandoned properties, particularly those under bank ownership. Mr. Jones said these properties often have maintenance problems with high weeds, standing water, storm damage, and untended leaves. Other local municipalities, including Forks Township and Hanover Township (Northampton County), have moved toward addressing this issue, Mr. Jones said. He said the proposed ordinance would create a registry of foreclosed and abandoned properties with telephone contact information, classify the properties as a public nuisance, allow township staff to access the sites for needed maintenance, create a fee system for such maintenance, and generally create accountability for the ownership of such properties. Ms. Davis asked if the ordinance would allow township staff to address overgrown lawns on such properties. Mr. Jones said yes and added the proposed

6 6 contact list would allow the township to phone someone responsible for the property rather than having to send letters to out-of-state banks. Ms. Davis asked if the proposed ordinance would cover commercial, as well as residential, properties. Mr. Jones said yes, as long as the commercial properties were in foreclosure or abandoned. vote to authorize the township manager to advertise an ordinance addressing abandoned and foreclosed property. ADJOURNMENT vote to adjourn the meeting at 7:52 p.m. Submitted, Doug Bruce Assistant Manager