UPPER MOUNT BETHEL TOWNSHIP

BOARD OF SUPERVISORS MINUTES

MONDAY, NOVEMBER 14, 2016 @ 7:00 P.M.

AGENDA – PART I

1. CALL TO ORDER–Chairman Bermingham called the meeting to order at 7:00 p.m. Present, in addition to Chairman Bermingham were, Supervisor Geake, Supervisor Due, Supervisor Hallett, Solicitor Ronold Karasek, Township Engineer Jeffrey Ott and Township Manager Rick Fisher. Supervisor De Franco was absent. The Pledge of Allegiance was recited.

2. APPROVE AGENDA –MOTION by Supervisor Hallett, seconded by Supervisor Due to approve the agenda. Vote: 4-0.

AGENDA – PART II (Public Announcements) Chairman Bermingham announced the 2016 Committee/Board Expirations: (1) Zoning Hearing Board opening - 5 year term, (2) Open Space Advisory Board openings – 3 year term,(2) EAC openings - 3 year term and (1) Vacancy Board - 1 year term.

AGENDA – PART III (Public Hearing)

1. SALDO Amendments/ Lot Line Adjustment, Annexation or add-on-lot – Chairman Bermingham opened the Public Hearing at 7:05 p.m. and turned it over to the Solicitor & Scott Policelli. Mr. Policelli explained the ordinance amendment would allow for a modified process when there’s no development, little disturbance or simply an add on lot/non-conforming lot. This will make the process easier, cost effective for the applicant, consultants and the township. Solicitor Karasek reviewed Section 100 the definition and the proposed amended ordinance. Supervisor Hallett asked if this applies to new building lots created. Solicitor Karasek said “no” this is only if you’re not creating a new lot, a simple lot line adjustment, annexation or add-on-lot. Chairman Bermingham asked if there was any public comment. There was none. MOTION by Supervisor Geake, seconded by Supervisor Due to close the Public Hearing at 7:20 p.m. Adoption of the ordinance is later for Agenda #2. Vote: 4-0.

AGENDA – PART IV (Public Comment) – Charlie Kull asked about the status of the Multi-family Housing ordinance amendment and Park and Recreation Fees for Commercial/Industrial Subdivisions. Solicitor Karasek indicated the Multi-family housing would follow the same process as the SALDO Amendment. Solicitor Karasek said he needs to send this to LVPC and then proceed to advertise. Solicitor Karasek referred to the ordinance regarding Park and Recreation Fees and noted that right now it is only required by the township for Residential New EDU’s. Solicitor Karasek mentioned some townships do require a fee and that would be a policy change. It would be difficult to calculate the fee and could be challenged. Engineer Ott said the fee varies widely from township to township and are usually based upon the demand on the Parks and Recreation in the community and would be a policy decision. Manager Fisher said if you considered implementing a fee, you could use DEP sewage calculations. Judy Henckel said there are ways to figure out fees to charge Commercial and Industrial, and the Board should implement a fee because they do use our parks and trails to walk and jog. Public Comment by Ron Angle – Rick Weaver belongs to the Fire Department, but is not an expert in Fire Safety. Manager Fisher indicated the Board would be looking for financial capabilities and their ability to replace equipment therefore, he is capable of giving an assessment and Rick Weaver has the ability to look at the Fire Department while the Fire Company has no problem with him doing this assessment. Chairman Bermingham said we need to look at what the Fire Departments needs are and their support for safety.

AGENDA – PART V (Subdivision and Land Development Plans/Sewage Planning)

1.Vigliotti Minor SD – Nate Oiler, P.E. was present on behalf of the applicant and Mr. & Mrs. Vigliotti. Waiver requests: SALDO 302.4.3.3, 400.2.8. Solicitor Karasek indicated the Planning Commission had recommended the waivers. MOTION by Supervisor Geake, seconded by Supervisor Due to approve SALDO waiver 302.4.3.3. Supervisor Geake mentioned they went to the Zoning Hearing Board and they would not recommend the variance. Vote: 4-0. SALDO 400.2.8 – MOTION by Supervisor Geake, seconded by Supervisor Hallett to approve SALDO waiver 400.2.8. Supervisor Geake noted his concern with coming back and recreating on the existing lot and that the Planning Commission should have addressed that and asked about future subdividing. Mr. Oiler indicated it is not their intention to subdivide and would be very challenging. Public Comment by Ron Angle – asked why they are putting the house there? Mr. Oiler said they wanted it near the orchard Vote: 4-0.

2. Vigliotti Minor SD – Conditional Approval. Solicitor Karasek reviewed the conditions with the Board as follows: 1). Zoning Officer Review (done) 2). Compliance with all conditions set forth in Township Engineer’s letter dated October 18, 2016, 3). Grant of Easement for right-of-way along Orchard Road acceptable to Township Engineer and Township Solicitor, 4). SALDO waivers to be noted on the plan and granted by the Board of Supervisors 5). Monuments, pins and markers set in the field and certified in writing by Applicant’s Engineer. MOTION by Supervisor Geake, seconded by Supervisor Hallett to recommend Conditional Approval of the Vigliotti Minor Subdivision with the conditions specified by the Solicitor. Vote: 4-0.

3. Ackerman Minor SD (#2) – Scott Policelli, P.L.S. was present on behalf of the applicant and Jeff Ackerman was present. Waiver Requests: SALDO 302.4.3, 302.4.3.1, 302.4.3.2, 308.2.1. MOTION by Supervisor Geake, seconded by Supervisor Hallett to recommend SALDO waiver 302.4.3. Vote: 4-0. SALDO 302.4.3.1 MOTION by Supervisor Geake, seconded by Supervisor Hallett to recommend SALDO waiver 302.4.3.1. Vote: 4-0. SALDO Waiver 302.4.3.2. MOTION by Supervisor Geake, seconded by Supervisor Hallett to approve SALDO waiver 302.4.3.2. Vote: 4-0. SALDO 308.2.1 - MOTION by Supervisor Geake, seconded by Supervisor Due to approve SALDO waiver 308.2.1. Vote: 4-0.

4. Ackerman Minor SD (#2) – Conditional Approval - Solicitor Karasek reviewed the conditions with the Board as follows: 1).Alternate SEO review and/or approval (done) 2). Compliance with all conditions set forth in Township Engineer’s letter dated October 18, 2016, 3). Unification and Merger Deed, 4). SALDO waivers to be noted on the plan and granted by the Board of Supervisors. 5). Monuments, pins and markers set in the field and certified in writing by Applicants Engineer. MOTION by Supervisor Geake, seconded by Supervisor Hallett to approve the Ackerman Minor Subdivision with the conditions specified by the Solicitor. Vote: 4-0.

5. Sandnes – Final LD Plan – Request for fees to be put in escrow – Terry Faul, Esq. was present on behalf of the applicant. Mr. Faul gave some history on the plan that in 2008 they paid $5,800.00 in fees for the Subdivision plan and $5,800.00 for the Land Development plan. They received Preliminary Plan approval on January 11, 2010 pending NPDES approval. Then there were issues with DEP and the storm water design and DEP would not support the storm water management plan and had to file a new one. Mr. Faul said they are now filing for final approval of the Land Development plan. According to the township fee schedule $6,200.00 would be due and are asking to pay $4,000.00 to be deposited into an escrow account with the township. Engineer Ott said he has no objection to them paying less fees, it is simply a revised storm water plan which implements a spray irrigation concept. Solicitor Karasek agreed it’s simply revised for storm water and agreed to less fees. They have a condition in their letter that if the costs exceed the $4,000.00 the client will replenish the account. Solicitor Karasek mentioned in 2008 they paid over $12,000.00, they might have exhausted most of those fees, but could ask for an accounting.

MOTION by Supervisor Geake, seconded by Supervisor Hallett to allow the applicant to deposit $4,000.00 in an escrow fund with the township per the email from the Township Manager dated 10-28-16 and Attorney Fauls letter dated 11/14/16 with the condition if costs of the review exceed $4,000.00, the applicant replenish the account based upon a reasonable estimate of future review and recording costs. The plan is going before the Planning Commission this Wednesday, November 16, 2016. Public Comment by Ron Angle – they had way too many obstacles and they were road blocked and it shouldn’t have taken this long. The building proposed here is a “green building and state of the art and should not be held up any more, we need Economic Development in this township.” Vote: 4-0.

AGENDA – PART VI (Reports)

1. Financial Reports –Bill List Manager Fisher read the bill list. MOTION by Supervisor Due, seconded by Supervisor Hallett to approve the bill list in the amount of $334,183.49. Ron Angle asked if Workers Comp cases covers defense and settlements. Manager Fisher said he would check on that. Vote: 3-1 with Supervisor Geake voting “no”. There was discussion about recovering money from Bob Cartwright for medical cobra. Solicitor Karasek said he has that complaint ready to go and waiting for the Board to give him the go ahead. MOTION by Supervisor Geake, seconded by Supervisor Due to file a complaint to try and recoup the money owed to us for reimbursement of Cobra payments the township made on his behalf. Public Comment by Ron Angle – you should have clear sight of what is collectable, sometimes it costs more in legal fees when trying to collect. Vote: 3-1 with Supervisor Hallett voting “no”.

2. Monthly reports attached

a. Engineer Report – Mr. Ott has submitted a letter dated November 11, 2016 addressing the MS4 permit waiver from MS4 permitting requirements. Mr. Ott indicated the estimated level of effort required to prepare the waiver request package for submission to PADEP on or before December 31, 2016 is approximately $5,000.00 for the preparing of the supporting documents for the waiver request. His intent to file will be in 180 days. Mr. Ott also is working with Rick Fisher and the Road Department on mapping.

b. Solicitors Report (attached)

c. Managers Report (attached)

AGENDA – PART VII (Minutes)

1. Budget Meeting Monday, October 10, 2016 @ 6:30 p.m. - Supervisor Due mentioned a typo in the date in the minutes should be December 2016, not December 2017. MOTION by Supervisor Due, seconded by Supervisor Geake to approve the minutes with the correction. Vote: 4-0.

2. Public Meeting Monday, October 10, 2016 @ 7:00 p.m. - MOTION by Supervisor Due, seconded by Supervisor Geake to approve the minutes of October 10, 2016. Vote: 4-0.

3. Budget Meeting (#2) Monday, October 24, 2016 @ 6:00 p.m. - Tabled to 12/14/16.

4. Work Session Meeting – Monday, October 24, 2016 @ 7:00 p.m. Tabled to 12/14/16.

AGENDA – PART VIII (Action Agenda)

1. Refuse Reductions, Application Refunds & Exonerations - MOTION by Supervisor Geake, seconded by Supervisor Hallett to approve the Refuse Reductions, Application Refunds and Exonerations as submitted by the Tax Collector.

2. Adopt Ordinance #2016-03 - SALDO Amendments / Lot Line Adjust, Annexation or add-on-lot - The public hearing was held at the beginning of the meeting. MOTION by Supervisor Due, seconded by Supervisor Hallett to adopt Ordinance #2016-03 SALDO Amendments/Lot Line Adjustments. Vote: 4-0.

3. Line Item Transfers - Township Manager Fisher submitted the Line Item transfers to the Board for approval. Supervisor Geake mentioned Part-time Road crew being way over budget, they should have been laid off. Manager Fisher mentioned Seasonal and Part-time Labor is not broken out and not property line itemed if you look at the chart of accounts. Supervisor Geake mentioned the Full-time Road Crew did not pave, it was contracted out, and they could have mowed laws. Manager Fisher noted there was $99,000.00 budgeted for the Park and $67,000.00 was spent, we can afford to spend the money.

There was discussion about Part-time and Seasonal. Manager Fisher said he has work for them to do they are fixing and painting the garage, once their done with that he could lay them off. Public Comment by Ron Angle - he has a lot of experience with budgets. Manager Fisher noted that the budget for next year will be project oriented. MOTION by Supervisor Geake, seconded by Supervisor Hallett to approve the line item transfers as submitted by the Township Manager. Vote: 4-0.

1. Final Proposed Budget – 2017 - This was discussed at 6:00 p.m. and the budget is not ready yet. Public Comment by Ron Angle - he has a lot of experience with budgets. Manager Fisher noted that the budget for next year will be project oriented and will be flushing out the Capital Reserve Fund. Manager Fisher said the final proposed budget will be ready at the next meeting on 11/28/16.

2. Advertise to appoint Accountant for 2016 audit/ replace elected Township Auditors for 2017- MOTION by Supervisor Geake, seconded by Supervisor Due to advertise. Vote: 4-0.

3. Northampton County Farmland Preservation - Agreement of Sale Bocko. Funding is County - $345,526.55, County funds that match the Township - $118,640.65 &Township committed funds - $68,099.85. MOTION by Supervisor Geake, seconded by Supervisor Hallett to approve the Agreement of sale for the John Bocko, Sr. Farm with the township committing $68,099.85 with the condition that our Solicitor reviews and approves. Public Comment by Ron Angle - mentioned the Riegle Farm and sale of development rights and the trend of selling development rights and said that $6,000.00 per acre is alot.Vote:4-0.

4.Advertise bid to sell truck, broom and copier - Manager Fisher said he would like to sell these items either on muni-bid, PSATS website or auctioned. MOTION by Supervisor Geake, seconded by Supervisor Hallett to allow the Manager to advertise any way he wants to either PSATS, muni-bid or auction, then if any offers, bring back to the Board for approval. Table to 12//14/16.