REGULAR PUBLIC MEETING AUGUST 6, 2012

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REGULAR PUBLIC MEETING AUGUST 6, 2012 MEMBERS PRESENT OTHERS PRESENT CALL TO ORDER EXECUTIVE SESSION ANNOUNCEMENT OATH OF OFFICE COURTESY OF THE FLOOR APPROVAL OF MINUTES RESOLUTION R037-12 Paul Weiss, President Michael Hudak, Vice-President Phil Barnard, Commissioner Thomas Nolan, Commissioner D. Martin Zawarski, Commissioner James Broughal, Township Solicitor Howard Kutzler, Township Manager Andrew Freda, Finance Director President Weiss called the meeting to order at 7:20 p.m. and led those in attendance in reciting the Pledge of Allegiance to the Flag. Solicitor Broughal announced that the Board of Commissioners met in executive session this evening (August 6, 2012) beginning at 6:30 pm. to discuss litigation and personnel issues. This executive session was held pursuant to Section 708 (a) of the Pennsylvania Sunshine Act. President Weiss administered the Fire Police Oath to John Halleman of the Bethlehem Township Volunteer Fire Company. There were no questions or comments from those in attendance. Upon motion (Hudak-Barnard), the Board of Commissioners unanimously voted by voice vote to approve the minutes of the July 16, 2012 regular public meeting as presented. A RESOLUTION AUTHORIZING THE ATTENDANCE OF OFFICER SHAUN POWELL AT FORENSIC VIDEO ANALYSIS TRAINING SEPTEMBER 25-28, 2012 IN BURTONVILLE, MARYLAND Mr. Kutzler stated that this resolution is for routine training for forensic video analysis training. Mr. Kutzler noted Police Chief Pancoast s memo of July 31, 2012 and recommended approval of this resolution. Upon motion (Nolan-Barnard), the Board of Commissioners unanimously voted by voice vote to adopt Resolution R037-12 as presented, authorizing the attendance of Officer Powell at Forensic Video Analysis Training in Burtonville, Maryland. A AUTHORIZING THE TOWNSHIP MANAGER TO ENTER INTO AN AGREEMENT WITH ADP FOR PAYROLL SERVICES Mr. Freda explained that this proposal would migrate payroll which is currently processed in-house to an outside source. Mr. Freda added that the proposal is subject to negotiation. Mr. Nolan stated that the information provided to the Board is very beneficial and provides the Township with a significant cost savings. Mr. Nolan further stated that he believes this is a step in the right direction. Upon motion (Zawarski-Nolan), the Board of Commissioners unanimously voted by voice vote to authorize the Township Manager to enter into an agreement with ADP for payroll services.

94 A AUTHORIZING A TAX REFUND RELATED TO THE TAX APPEAL OF GENERAL SUPPLY COMPANY Mr. Freda stated that the hearing officer issued a ruling in favor of a taxpayer that paid taxes in protest on an assessment made by the Township s Business Privilege, Earned Income and Occupational Privilege Tax Auditor. If the Board approves this tax refund, Mr. Freda stated he would authorize Berkheimer to refund the taxes. Solicitor Broughal stated that BASD has the capability of appealing the hearing officer s ruling. Solicitor Broughal added that he wants to get input back from BASD and if they don t challenge the ruling, then the Township can authorize the money to be refunded. Solicitor Broughal recommended that the motion be conditioned upon BASD agreeing to the hearing officer s ruling. by voice vote to authorize a tax refund related to the tax appeal of General Supply Company conditioned upon BASD also agreeing to the hearing officer s ruling. Mr. Freda advised that he would reach out to all parties. A AUTHORIZING THE TOWNSHIP MANAGER TO ENTER INTO A CONTRACT WITH GNEIDING, DeSANCTIS, BLIZARD AND BUSHTA LLP CERTIFIED PUBLIC ACCOUNTANTS FOR AUDIT SERVICES Mr. Freda stated that the Township s prior agreement with its auditor was for the fiscal years 2009, 2010, 2011 and a new proposal has been obtained for the next three years at the same costs. Upon motion (Hudak-Nolan), the Board of Commissioners unanimously voted by voice vote to authorize the Township Manager to enter into a contract with Gneiding, DeSanctis, Blizard and Bushta LLP Certified Public Accountants for audit services for 2012, 2013 and 2014. A AUTHORIZING THE TOWNSHIP MANAGER TO ADVERTISE AN ORDINANCE AMENDING ORDINANCE NO. 6-86, GENERAL PARKING, CHAPTER 252, VEHICLES AND TRAFFIC, OF THE BETHLEHEM TOWNSHIP CODE OF ORDINANCES, AS AMENDED, BY AMENDING ARTICLE IV, GENERAL PARKING, BY PROVIDING ADDITIONAL NO-PARKING LOCATIONS ON PUBLIC STREETS Mr. Kutzler explained that this ordinance is a follow-up to a request from BTVFC to limit parking on Hamilton Street between 8 th Street and Cypress Street. The purpose of the ordinance is to create safety and moveability for BTVFC emergency vehicles. Upon motion (Barnard-Zawarski), the Board of Commissioners unanimously voted by voice vote to authorize the Township Manager to advertise an ordinance providing additional no-parking locations on public streets. PURCHASE ORDER APPROVAL Mr. Freda explained that this purchase order is for the renewal of support agreements for financial software. by voice vote to approve purchase order 20121790 in the amount of $12,717.04.

95 DISCUSSION ITEMS COMMUNITY CENTER ARCHITECTURAL AND ENGINEERING STUDY Mr. Kutzler stated that this project started in early March when the Township solicited proposals for an architectural and engineering study. In response to the requests for proposals, the Township received nine proposals and the Board of Commissioners were asked to review and forward their input on the proposals. Mr. Nolan stated that he forwarded his comments after reviewing the proposals and recommended three firms for the Board of Commissioners to interview. Mr. Hudak stated that he is familiar with some of the issues at the Community Center and believes the biggest issue is the indoor pool and humidity. Mr. Hudak suggested that the Board choose a firm that is familiar with indoor wet rooms and not many of the firms that submitted proposals have those credentials. Mr. Hudak noted his first choice would be Furst Architecture, followed by MKSD and Roth Marz Partnership. Mr. Hudak further stated that he would prefer no interviews, but rather have the Board of Commissioners take action this evening. Mr. Weiss stated it would be up to the Board whether they want interviews or not. Mr. Nolan responded that he wants to move forward and would have no problem with Furst Architecture but all five Board members must be comfortable with that choice. Mr. Hudak noted that the outdoor pool is heavily used right now and each day of delaying this project is a negative. Mr. Hudak stated he would have no problem making a motion to have the Township Manager contact Furst Architecture. Solicitor Broughal advised that he would prefer to see a contract before awarding the project. Upon motion (Hudak-Nolan), the Board of Commissioners unanimously voted by roll call vote to award the contract for the Community Center Architectural and Engineering Study to Furst Architecture conditioned upon the review and approval of a contract by the Township Solicitor. TRASH HAULING Mr. Zawarski stated that he sent a letter to the Board asking that this item be placed on this evening s agenda for discussion on possibly using a single trash hauler in the Township. Mr. Zawarski noted the benefits of a single hauler being 1) trash will be placed at the curb and picked up the same day throughout neighborhoods; 2) only one truck will pick up trash instead of different haulers throughout the Township; 3) there would be a savings on gas consumption; 4) the amount of gases emitted by garbage trucks will be reduced; 5) Township roads will be less abused therefore reducing the cost of road replacement; 6) there would be a big savings for the cost of trash collection for the residents; 7) all residents would now have a trash hauler instead of dumping their trash in private dumpsters and 8) the Township would get a percentage back on the recycling collected. Mr. Zawarski also suggested that the Township could require in the proposal that the trucks used to pick up our trash are environmentally friendly. Mr. Zawarski stated that these are just a few of the benefits and he is willing to listen to any negatives as to why the Township should not go to a single hauler. Mr. Weiss stated that this issue has come up several times in the past and the Board heard from the independent haulers and residents. Mr. Weiss added that Palmer Township does have a single hauler and is currently accepting proposals for a new single hauler contract to pick up recycling and trash. Mr. Weiss cautioned that by the Township going to a single hauler, it will be another task for staff to handle. Mr. Hudak also stated that this issue has been discussed numerous times and the public and independent haulers were against a single hauler. Mr. Hudak added that he does not believe a single hauler is the way to go because there are only 08-06-12

96 two haulers that are capable of providing the service; Raritan Valley and Waste Management. Mr. Hudak further stated that Mr. Zawarski s comment that there will be fewer trucks on the road with a single hauler does not pan out and requiring environmentally friendly trucks won t happen. Mr. Hudak also noted that the majority of his constituents are senior citizens and they can t afford to be locked into a contract. Mr. Hudak expressed concern regarding cutting out the small haulers in favor of large companies. Mr. Hudak stated he cannot support going to one hauler but suggested having a public hearing to get the residents input. Mr. Nolan stated that this subject is a very, very controversial subject and wants to know what the negatives of going to one hauler are because if the Township does this, they now become the garbage provider. Mr. Nolan stated it is important to hear both sides and believes the citizens are happy with the way things are. Mr. Nolan noted that some of Mr. Zawarski s comments are valid and perhaps those comments should be discussed with the independent haulers. Mr. Nolan suggested that the Board get valid information from those municipalities that have one hauler. Mr. Kutzler stated that many municipalities have single haulers, many do not. He agrees with Mr. Weiss that the Township is not ramped up at the staff level to take on being the garbage provider with doing the billing and addressing complaints, although he concurs with Mr. Zawarski that garbage pickup would be regulated. Right now the residents have choices and that keeps the business competitive. If the Board wants staff to investigate what others do, Mr. Kutzler stated staff would do so. Mr. Weiss stated that staff does not have the time or resources to investigate and he is willing to reach out to Palmer Township for the pros and cons of a single hauler and what exactly the Township is responsible for. Mr. Kutzler noted that right now revenue is tight in the Township and a single hauler would provide an opportunity to generate additional revenue. Mr. Hudak stated that none of his constituents have complained about their haulers and asked why the Township should open this hornet s nest again. Let the resident choose which hauler they want. Mr. Nolan stated that he wants the residents to know that this issue is not on the table, but that the Board is only learning. Mr. Barnard asked if the Township currently gets revenue from recycling. Mr. Barnard was advised that the Township receives revenue through a recycling grant. Mr. Nolan questioned what percentage of Township trash is being recycled and that the Township should pursue amending its recycling ordinance to require that cardboard be recycled. Mr. Zawarski thanked the board of their input and stated he hopes to receive additional information. OTHER BUSINESS FEMA FLOOD MAPS Mr. Kutzler advised the Board of Commissioners that FEMA recently completed their floodplain map updates and Sunset Drive has now been flagged as a flooding area. The next step for the Township is to take the maps, identify the properties in the floodplains, let those residents know of the map changes and that their property is in a floodplain. These residents may now be required by their mortgage lenders to have flood insurance. Mr. Kutzler added that information will be put on the Township website, letters will be sent to the property owners and this may create concern to those who were not previously in a floodplain.

97 ADJOURNMENT by voice vote to adjourn the meeting at 8:25 p.m. Respectfully submitted, Judy Todaro Recording Secretary 08-06-12