UPPER MT. BETHEL TOWNSHIP BOARD OF SUPERVISORS

SPECIAL PUBLIC MEETING MINUTES

MONDAY, JUNE 27, 2016 @ 7:00 p.m.

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

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

3. Animal Control Officer Resolution #2016-11 – Scott Parsons was present from SBCOG and gave an overview of the Animal Control Program. Mr. Parsons noted there is state law for dogs, but none for cats; however, cats could be part of the state law in the future. Mr. Parsons mentioned this is a non-profit organization and people are interested in donating. The SBCOG received a $10,000.00 grant through the county and with participation by the surrounding areas, they will be will within the budget. Manager Fisher noted there would only be costs to residents in the event that a dog gets loose and is held in the kennel for a couple of days. Public Comment by Ron Angle asked about the budgeted salary of the Animal Control Officer. Mr. Parsons indicated of the budget $16,500.00 would be for the Animal Control Officer and for an assistant. Mr. Angle said he can’t see that covering Animal Control for dogs and cats in 8 different municipalities. Mr. Angle asked if the township could opt out, especially if it goes above those costs. Mr. Parsons said “yes” in fact, Roseto and East Bangor opted out. Public Comment by Jeff Manzi – asked if this is a “no kill shelter” Mr. Parsons said “yes” unless the animal is dangerous. Mr. Manzi mentioned the one in Monroe County being a no kill shelter. Chairperson Bermingham read Resolution $2016-11. MOTION by Supervisor Due, seconded by Supervisor De Franco to adopt Resolution #2016-11. There was discussion about adding a clause with the option of opting out. MOTION amended by Supervisor Due, seconded amended by Supervisor De Franco to adopt Resolution #2016-11 until the remainder of this year and then revisit at the Board’s first business meeting of the year. Mr. Parsons mentioned the year would run from 6-15-16-to 6-15-17 and you would adopt a Resolution on a yearly basis. Public Comment by Ron Angle – you should really include a clause to opt out, if the township is not satisfied. MOTION amended by Supervisor Due, seconded by Supervisor De Franco to adopt Resolution #2016-11 until the remainder of this year and then revisit at the Board’s first business meeting of the year 2017 and could opt out with 30 days’ notice. Mr. Angle asked about the township getting a report. Mr. Parsons indicated the COG will be giving a monthly report at their meeting. Public Comment by Sheldon Richards asked what the annual cost is. Manager Fisher indicated .50 per capita for a total amount of $3,350.00 annually. Vote: 4-0.

4. Joinder of Deeds – Larsen – Mr. & Mrs. Larsen were present. Solicitor Karasek indicated everything is in order. Supervisor De Franco noted his concern with the 53 acres going into that major Subdivision and future building. Solicitor Karasek reviewed and said he doesn’t see it being a major subdivision and sees no problem with approving this. Solicitor Karasek indicated he will prepare a Resolution approving this and Larsen’s attorney will have to prepare a merger of deeds. MOTION by Supervisor Due, second by Supervisor Hallett to approve the Larsen Joinder of Deeds/Lot Consolidation and have our Solicitor prepare a Resolution. Vote: 4-0.

5. SALDO Ordinance Amendments – 5th draft – Scott Policelli was present and indicated this is the 5th and final draft. Solicitor Karasek indicated it can go back to LVPC for review, thereafter we can go through the process of advertise for public hearing.

MOTION by Supervisor De Franco, seconded by Supervisor Due that we accept the 5th draft and send to Lehigh Valley Planning Commission for review. Vote: 4-0.

6. Fee Schedule Revisions – Resolution #2016-12 – Manager Fisher submitted to the Board the proposed fee schedule and fee comparison percentages and noted the Board of Supervisors hired the new Engineer, whose fees are higher than the previous Engineer with the difference is coming from the General Fund; however, the Board needs to adopt this revised fee schedule. Manager Fisher indicated just in grading plans of $882.00 the Engineer charges above what the applicant pays, while the tax payers are paying the difference. Manager Fisher asked the Board to adopt the revised Fee schedule. MOTION by Supervisor De Franco, seconded by Supervisor Due to adopt the fee schedule presented by the Township Manager. Public Comment by Ron Angle – argued the Board changed Engineers, could have kept Bob Collura, he charged less, now it’s costing the taxpayers more. Manager Fisher noted the Board asked him to compare other townships, which he did; Plainfield and Washington Township are consistent with the fees, Jeff Ott charges and who is their Engineer while Bushkill is less, as Bob Collura is their Engineer. Ron Angle mentioned that Bob Collura had a set fee for the meetings and you should ask our current Engineer to do the same, that bill is being passed on to the tax payers. It was noted we do release our Engineer at the meeting as soon as we are done with him. No further comments. Vote: 4-0. Chairman Bermingham read Resolution #2016-12 – Establishing a revised fee schedule for the township. MOTION by Supervisor Due, seconded by Supervisor Hallett to adopt Resolution #2016-12. Vote: 4-0.

7. Presentation Financial Consultant/Economic Development – John Bermingham Sr. gave his presentation on Economic Development. Mr. Bermingham Sr. gave a biography of himself and presented a slide show that incorporated his ideas for Economic Development in the township and the different phases, most of the planning would occur in phase 1. Public Comment by Charlie Kull – sewage is an ongoing problem and for 26 years they

have been trying to get that through, because a lot of businesses won’t come in Upper Mount Bethel because of that. Public Comment by Jeff Manzi – has been on NC LVPC Board for 34 years and BASDEREDA. Mr. Manzi said the biggest challenge is that this has always been a bedroom community, Lehigh Valley doesn’t want to help us, were lucky we got Lamtech in here. Public Comment by Fred Farleigh – years ago 2 manufacturing companies wanted to come in here and talk about putting a shopping center in, that never happened. Mr. Manzi suggested before spending money on Economic Development you should see what the people want. Public Comment by Sheldon Richardson – Mr. Bermingham Sr. has a positive approach and expertise, the township should be run like a business. Public Comment by Ron Angle – Mr. Bermingham Sr. has excellent qualifications, very impressive no one has ever brought in Economic Development except himself and Jeff Manzi. Mr. Angle talked about the environmental people not wanting anything. The commercial piece on 512 has 65 acres which was one of the best pieces in the township and was preserved by Farmland preservation. A shopping center could have gone in there and we need a shopping center or quality grocery store. Mr. Angle talked about Mr. Thomas’s idea that was turned down for multi-family housing along with shops. Mr. Angle noted the mindset of a lot of people in this community is they don’t want anything to come in, but the plan could be successful, he is in support of the idea. Public Comment by Judy Henckel - she would like to see us bring together both sides of the community and support this. Ron Angle would like to see if the township needs to re-designate zoning of land to do this. Supervisor De Franco said he would like to see us go forward with this idea and discuss salary or hourly rate with Mr. Bermingham Sr. MOTION by Supervisor De Franco, seconded by Supervisor Due to set up a meeting with Mr. Bermingham Sr, Supervisor De Franco and Due privately to discuss his compensation. Supervisor Due mentioned LVPC proposing 30 million dollars coming to the slate belt and we want to be right at the front door. Vote: 3-0-1 with Chairman Bermingham Jr. recusing himself.

8. Sandra Cerino – 782 Lake Minsi Drive. Sandy Cerino was present to discuss damage to her front porch from the January snow storm. Supervisor Hallett mentioned her property is 2 inches from the right-of-way and noted he did go there right after the storm. The Board asked Ms. Cerino if she obtained any other estimates other than the one she submitted for $975.00 from Lee Trimper. There was discussion whether or not she should get additional estimates.

MOTION by Supervisor Hallett, seconded by Supervisor Due to accept her estimate in the amount of $975.00 and pay for those damages to her front porch. Manager Fisher noted our insurance deductible is $1,000.00, this is just under that amount. Vote: 4-0.

9. Penn DOT road turn backs – Manager Fisher indicated he met with Sean Campanaro and Jeff Roback regarding turn back of 1.75 miles of road on State route 1017 ( 5 Points Richmond Rd ) and 1.330 miles of road on State route 1039 ( River Road). Supervisor Hallett indicated we are paid $4,000 for each mile plus liquid fuel money, so it’s a win win situation, we already plow those roads. Public Comment by Jimmy Potter – the only roads he would suggest taking back are River Road so the township can control the ingress/egress. Public Comment by Ron Angle – no one is taking back roads. Fred Farleigh agreed and once you take the road back, you take it back forever. Supervisor Hallett said the money we get from Penn Dot should allow us to maintain that road for 30 years. Ron Angle disagreed and stated years ago we received turn back money of approximately $621,000.00, and that money is gone. Public Comment by Judy Henckel – don’t think you should take back the roads. Manager Fisher noted there is a lot of talk about road turn backs with other municipalities. Manager Fisher mentioned in regards to the two small box culvert bridges on River Road we are waiting for inspection reports from Penn DOT to see if there are repair costs that need to be included in the total number. Public Comment by Dennis Jones – Rich Moyer did the work on those bridges. Public Comment by Jeff Manzi – would like to see the township take those bridges back. MOTION by Supervisor De Franco, seconded by Supervisor Hallett to ask Rick Fisher to send a letter to Penn DOT that the township is interested in those portions mentioned on River Road and 5 Points Richmond Rd and the Bridge Report. Vote: 4-0.

10. Township Manager updates – Manager Fisher indicated the Police Pension Audit is complete, while we are still waiting for the Financial Statement from our auditor for 2015 and our Solicitor needs to prepare an ordinance for the Police Pension, as the law changed in 2009. Manager Fisher indicated he is also working on the SWIFT audit and is in the process of getting prices for a new truck through Co-star to replace the truck he took out of service. He is working on changing the phone system, internet and franchiser through Service Electric for free internet. Manager Fisher talked about grants he is looking into for improved communication systems for the township and fire halls and mentioned the need for a generator for this building. Manager Fisher mentioned he is working on the financial and historical overview of the park. Manager Fisher mentioned squatters at Harold Gays’ property on Ridge Rd. The Zoning Officer has been out. Solicitor Karasek mentioned a citation can be filed against Mrs. Gay and her husband.

11. Public Comment – Carl Homnick was present of 1099 Lake Minsi Dr. complaining about his neighbor and explained that dead rats are being thrown on his property and chicken manure is being burned. Manager Fisher indicated the Zoning Officer is working on that. Public Comment by Fred Farleigh – Zoning Officer needs to enforce and also the Department of Health can be called and the State Police to enforce improper disposal of dead animals. The Board asked Manager Fisher to contact DEP and the Department of Health. Public Comment by Jim Potter – asked what roads are being paved. Manager Fisher indicated Audubon Drive,Carollee Lane, Crosshill Drive, East Shore Drive, Mill Creek Rd., Orchard Road, Riverton Road and Totts Gap Rd.

Public Comment by Dennis Jones – we should check with Senator Scavello about the Generator, that’s who was helping us get the grant last year. Denny said the Manager’s 90 days is up, they need to hire him. Manager Fisher said he gave the Board a memo to that effect. The Solicitor indicated that was not on the agenda for tonight, they should put that on Executive Session on the next meeting. Dennis Jones stated to Chairman Bermingham that he needs to control the meeting and mentioned the Natural Lands Trust woman and Nature Conservancy, Ellen Lott and other representatives being attacked by this Board. Public Comment by Ron Angle – asked the Board of they looked over the Natural Lands Trust proposal. Chairman Bermingham indicated it is under review.

12. Adjourn – MOTION by Supervisor Hallett, seconded by Supervisor De Franco to adjourn the Special Public Meeting at 9:27 p.m. Vote: 4-0.

Respectfully Submitted, Melissa Mastrogiovanni – Recording Secretary