Supervisor’s Regular Meeting Thurs., April 6, 2006, 7:30 PM Lynnport, PA A regular meeting was called to order in the Municipal Building by Chairman, Thomas Creighton III at 7:30 p.m. Present were Chairman Thomas Creighton III, Vice Chairman David Najarian, Charles Lenhart III, Member, Solicitor Edmund Healy, Administrator Kenneth Bleiler, Treasurer Robert P. Sadler, Secretary Tina Everett, Stephanie Franke, from the Northwestern Press and approximately 35 citizens. A pledge of allegiance was conducted. Thomas Creighton informed the public that at the end of the workshop meeting on Mon., April 3rd, 2006 that they held an executive session as they had previously discussed in the meeting. This executive session was to discuss Ken Bleiler’s replacement. This executive session lasted from 8:10p.m. until 9:10p.m. Public Comment: None A motion was made by David Najarian, seconded by Charles Lenhart III to accept the minutes of the regular meeting of March 2nd, 2006 and the workshop meeting of April 3rd, 2006 and to direct the Treasurer to pay the bills. Motion carried. A motion was made by David Najarian, seconded by Charles Lenhart III to advertise for road materials, other than oil to be opened at the May 1st, Workshop Meeting. Motion carried. A motion was made by David Najarian, seconded by Charles Lenhart III to ratify the joint bidding with Lowhill, Weisenberg & Heidelberg Townships for 80,000 gallons of oil for Lynn Township. Motion carried. The bids were as follows for: $ 1.37 gal. – Asphalt Maintenance Solutions, LLC, $ 1.40 gal.-Garden State Asphalt & $1.38 gal.-Eastern Industries. A motion was made by David Najarian, seconded by Charles Lenhart III to award the low bid of $1.37 gal. from Asphalt Maintenance Solutions, LLC. Motion carried. Discussion was then held on part-time help for Ontelaunee Park. The board received a letter dated, March 30, 2006 from Donald Christ, Park Manager in regards to his need for part-time help in Ontelaunee Park. After discussing this further, the Board decided to table the issue and advised Tina Everett, Secretary to add this item to the agenda for the joint special meeting on Tues., April 11th, 2006 @ 5:30 p.m. with the Sewer Authority, so they could get a better understanding of this issue with Donald Christ. Discussion was then held on the municipal insurance, which is for the township from Brown and Brown Insurance. The increase would be 3.6% from last year. The Board also discussed briefly about possibly increasing the umbrella coverage from one million to two million dollars. A motion was made by David Najarian, seconded by Charles Lenhart III to accept the municipal insurance quote as set forth, which was received from Brown and Brown Insurance. Motion carried. A motion was made by Charles Lenhart III, seconded by David Najarian to adopt Resolution 2006-8-A RESOLUTION APPROVED AND ADOPTED BY THE SUPERVISORS OF HEIDELBERG TOWNSHIP AND SUPERVISORS OF LYNN TOWNSHIP, LEHIGH COUNTY, PENNSYLVANIA ON THE DATE HEREINAFTER SET FORTH FOR THE PA EMERGENCY MANAGEMENT ACTION PLAN . Motion carried. 1 A motion was made by David Najarian, seconded by Charles Lenhart III to close out the open Persing Subdivision Escrow Account & the maintenance period would expire January 15th, 2007. Motion carried. SubdivisionsRay B. Moyer-Minor/Lot Line Change – Final Plan- Hummingbird Rd.Represented by Scot Dietrich from Beitler Land Surveying and Ray Moyer. All changes were made to plan and Mr. Moyer got zoning approval on the backyard setback as required by the Zoning Hearing Board. No Road Improvements were necessary or a recreation fee, since it’s an existing lot. A motion was made by David Najarian, seconded by Charles Lenhart III to grant final approval for Ray B. Moyer’s Minor subdivision/Lot Line Change subdivision Final Plan. Motion carried Harold & Linda Tyson-Minor-Final Plan1 Lot + annexation-NS Red RdRepresented by Scot Dietrich from Beitler Land Surveying and Harold Tyson. The $1,000 recreation fee and a road improvement fee of $1,870.40 were paid. A motion was made by David Najarian, seconded by Charles Lenhart III to grant final approval for Harold and Linda Tyson’s Minor Subdivision Final Plan. Motion carried. William Rutherford-Minor-Final Plan-2 Lots-Rte 309-Represented by Scot Dietrich from Beitler Land Surveying. The Recreation fee of $1,000 is required along with the Planning module before the Board could grant this final plan. The planning module was sent into DEP, but approval has not been received back from DEP. A motion was made by David Najarian, seconded by Charles Lenhart III to grant conditional final approval upon receipt of the recreation fee of $1,000 and the approved planning module from DEP for William Rutherford. Motion carried. Lucas Rex-Minor-Preliminary Plan-2 Lots-Behler Rd- Represented by Lucas Rex . There will be a recreation fee of $1,000 and a road improvements fee of $ 1,537.50 required, along with an approved planning module from DEP. A motion was made by David Najarian, seconded by Charles Lenhart III to grant preliminary approval for Lucas Rex’s subdivision plan. Motion carried. Ovations-Major-Preliminary Plan-481 Lots-Rte 309 & Rte 143/Log Cabin Rd.Represented by Gregg Adelman and Gary Armstrong from Baker Residential. They addressed the Board that they addressed the Planning Commission and the Engineer’s comments. They would like the Board to honor/grant the extension until July 6th, 2006 as asked; they will then withdraw their plan submitted March 2nd and resubmit a new revision for the planning commission by April 25th, which is 21 days prior to the Planning Commission meeting on May 16th, 2006. A motion was made by David Najarian to grant their extension request to July 6th, 2006, with the condition that the applicant shall withdraw their March 2nd revised preliminary plan, then after having further discussion with Solicitor, Edmund Healy, David Najarian withdrew his motion. A new motion was then made by David Najarian, seconded by Charles Lenhart III to grant their extension request to July 6 th, 2006, with the conditions that the applicant will withdraw their March 2nd revised preliminary plan, and to accommodate all the comments from the Planning Commission, Zoning Officer and Township Engineer that have been submitted so far. Motion carried. There was then discussion on the on/off street parking, as per our ordinance requirement, per Sec. 398A.9. David Najarian, read a portion of the approved April 3rd, 2006 workshop minutes, which read “ There was discussion on street parking between Dave Najarian and Thomas Creighton III, which ended in them agreeing that parking should be permitted on one side of the street ”. The Board agreed not to act any further on this issue, after reading the approved minutes to Gregg Adelman and Gary Armstrong. A motion was made by David Najarian, seconded by Charles Lenhart III to adopt Resolution 2006-9 - A RESOLUTION OF THE BOARD OF SUPERVISORS OF LYNN 2 TOWNSHIP, LEHIGH COUNTY, LEHIGH COUNTY, PENNSYLVANIA TO WITHDRAW RESOLUTION 2005-11. Motion Carried. Thomas Creighton III informed the public that they will be holding a special/ public joint meeting with the Sewer Authority on Tuesday, April 11th @ 5:30 p.m. This meeting is being held to discuss how to go forward with the Act 537 Sewage Facilities Plan. The Board discussed the status of Ken’s replacement. David Najarian is prepared to make a recommendation today for this position. He feels if the Board takes action at this meeting, they could then take advantage of Ken Bleiler, as to the transition and training of this position. David Najarian also felt if they decided on a replacement tonight, he/she could still get registered to attend the PSATS Convention as well. Thomas Creighton felt he had two people that were qualified for this position. Dave Najarian had some concerns to what that person was asking for, which was $80,000 yr., which he was not prepared to pay someone that kind of money, his thought was to find someone to be comparable to what Ken Bleiler is currently earning. Charles Lenhart III, is also not prepared to take on a Township Manager, nor pay someone 68 to 80 thousand dollars a year. David Najarian also was concerned that if they delayed the hiring of this position any longer, that they may lose good candidates and then need to advertise again, which in turn will cost the Township more. After they discussed this further the Board did not seem to come into an agreement on an applicant. Dave Najarian was ready to act today, but Thomas Creighton III felt they should act on this at the upcoming meeting . He felt hiring a new replacement for Ken was one of the hardest jobs of being a Supervisor, since it’s finding someone to basically run the Township. They then decided that they would discuss this further at the end of the meeting in an executive session. At that time hoping they could agree on a candidate, job description and salary requirement. Discussion was then held on the Letter of Credit received 3/20/06 for Heintzelman Estates. The Board discussed their options they had with Solicitor Edmund Healy. The Road Improvements were to be completed by Aug. 3, 2002 . At that time, there was an extension of time granted until September 8, 2005. As of today, the road improvements still are not completed. Mr. Heintzelman felt he was on track with everything, besides the 30ft. of curbing they are repairing. Larry Heintzelman informed the Board that last Winter he was delayed due to PennDOT and GPU having a conflict on moving a pole. He informed the Board that all the curbing was done, but had 30 feet to repair due to the cold weather. He was going to complete the final paving, once all the homes were built and plant trees in Spring as the lots were completed along with putting up the street lights. Edmund Healy, Solicitor suggested that the Board give him one month to complete final improvements. David Najarian felt they should table this matter until next month. After discussing this futher the following motion was made A motion was made by David Najarian, seconded by Charles Lenhart III to table action on declaring Mr. Heintzelman in default until May 1st , 2006 meeting and to direct Mr. Heintzelman to report back to them as to the status of road improvements, and further direct Mr. Heintzelman to complete outstanding work by May 1st. Motion carried. Kenneth Bleiler, felt that if Mr. Heintzelman would show progress by May meeting that they could work with him. Discussion was then held on the regional comprehensive plan. Roy Stewart, Engineer, Ken Bleiler and Solicitor Edmund Healy met many months ago to discuss this plan. Roy had put together a spreadsheet of the changes to be considered by the Planning Commission. 3 David Najarian felt that they needed to get cracking on this matter. After discussing this futher a motion was made. David Najarian, seconded by Charles Lenhart III made a motion to direct Roy Stewart, Engineer to proceed with the required tasks to be done for the Regional Comprehensive Plan and review his recommendations, before the Planning Commission. Motion carried. Solicitor Healy suggested to the Board that Mr. Stewart, Engineer have a deadline date as to when to have this completed. A motion was made by Charles Lenhart III, seconded by David Najarian to accept the application received from Kenneth and Anna Wiesner @ 7709 Brobst Hill Rd., New Tripoli into the Agricultural Security Area of Lynn Township, and to record this by a resolution in 180 days, which would be at the October 2006 regular meeting. Motion carried. The Board then discussed the details of Beautifying Lynn Day(s). After discussing this in detail, the Board agreed to hold this event on Fri., May 5th and Sat., May 6th. The residents will be allowed to take the trash they pick up on these dates as part of the Great PA Cleanup to the Township Transfer Station on the above dates between the hours of 9am and 4pm at no charge. If they would not be able to drop their garbage off, they could contact the Township to have us pick-up the trash at no charge. The board directed Tina to arrange to advertise the details on this event in the upcoming Spring/Summer newsletter. A motion was made by David Najarian, seconded by Charles Lenhart to adopt Ordinance 2006-2-AN ORDINANCE OF LYNN TOWNSHIP, LEHIGH COUNTY, PA ORDAINING AND AUTHORIZING THE PLACEMENT OF STOP SIGNS WITHIN THE RIGHTS OF WAY OF VARIOUS TOWNSHIP ROADS. Motion carried. Discussion was then held on extending meeting pay to all hourly employees that must report to these nightly meetings to give reports, such as the Road Master, Bruce Raber or Treasurer, Robert Sadler. A motion was made by David Najarian, seconded by Charles Lenhart III to extend the meeting pay in the amount of $25.00 per meeting to all hourly employees, whom need to report to a meeting on certain agenda items, but to be placed at the top of the agenda, and not to be required to stay for the entire meeting. Motion carried. Misc.: Charles Lenhart III informed the Board that he would be meeting with Mark Hood from the Local Roads Program (LTAP) to discuss reducing the speed on Springhouse Rd. He also will discuss the possibility of reduced speed limit signs on Slateville Rd. from Rte. 143 to Dresher Rd. and Steinsville Rd. Kenneth Bleiler wanted to remind the Board that Tina Everett’s birthday was on Sunday. After this discussion on the need for speed limit signs, the Board directed Edmund Healy, Solicitor to draft an ordinance on speed limit signs on Flint Hill Rd., from Schochary Rd. to Camp Meeting Rd. to 35 MPH. Also on Bausch Road from Schochary Rd. into Weisenberg Township at 30 MPH. Public Comment: Allen R. Cerullo- Came to the meeting to inform the public that he was running for PA State Representative 187th District , and was there to answer any questions the public may have. Larry Heintzelman- Discussed his concerns with Jonathan Weiss on Allemaengel and Gun Club Rd. He’s having photo shoots and blocking up the roads, which in turn is an unsafe situation for others. Sabrina Pendleton-Who is Larry Heintzelmans’ fiancée, has been taking pictures of this problem for sometime and would like to see something done about it. They had suggested that installing some “No Parking” signs on one side of road would help the problem. By installing the signs then the State Police could enforce the problem. 4 Solicitor, Edmund Healy questioned Mr. Heintzelman, if he would step up to the plate to help prove this with evidence. Mr. Heintzelman’s agreed that he would absolutely step up to the plate if proof was needed. The Board convened to an executive session at 9:25 p.m. along with Solicitor Edmund Healy and Kenneth Bleiler, Zoning Officer/Administrator. The Board reconvened at 10:26 p.m. A motion was made by David Najarian, seconded by Charles Lenhart III to appoint Kevin Deppe as Administrator/Zoning Enforcement Officer/Office Manager @ a salary of $46,500 per year, $250.00 per month for mileage & $50.00 per advertised nightly meetings. This is subject to the terms and conditions of the Lynn Township employment policy manual. Motion carried. Discussion on dates Kevin Deppe would need off were as follows; he would be leaving on Sat., April 8th on vacation and could report to work on Wed., April 12th when he returns. He also informed the Board that as of May 31st he would need about 9 days to completely shut down his existing home inspection business. After discussing this further, the Board decided to make his official anniversary/start date to be June 12th, 2006. A motion was made by David Najarian, seconded by Charles Lenhart III to hire Kevin Deppe as a full-time Zoning Officer/Administrator/Office Manager on June 12th, 2006, to the extent that he and the existing Zoning Officer/Administrator/Office Manager can spend time together between now and then. Mr. Deppe will be paid a daily fee in equivalent to what he would be earning when he starts his full-time employment, but without health insurance and the mileage fee. Motion carried. A motion was made by David Najarian, seconded by Thomas Creighton III to authorize Mr. Deppe to attend the PSATS Convention at the expense of the Township. Motion carried. A motion was made by David Najarian, seconded by Thomas Creighton III to adjourn the meeting. Motion carried. Meeting adjourned 10:40 p.m. Lynn Township Transaction Detail by Account March 2006 Type Date Num Name Paid Amount 100 General Fund Checking Check 03/02/2006 2568 Robert P. Sadler -305.15 Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check 03/02/2006 2569 PSECU -500.00 03/02/2006 2570 DEP -50.00 03/02/2006 2571 Divine Springs -73.93 03/02/2006 2572 Keystone Consulting Engineers 03/02/2006 2573 OfficeMax 03/02/2006 2574 PA State Association of Twp. Supervisors Check 03/02/2006 2575 Irwin P Hamm Check 03/02/2006 26 Kenneth A. Bleiler Check 03/02/2006 27 Thomas C. Creighton III Check 03/02/2006 29 Tina M. Everett -1,254.81 Check 03/02/2006 32 Robert P. Sadler -1,217.04 Check 03/02/2006 33 Sherry L. Selig Check 03/02/2006 34 Sandra Acker Check 03/02/2006 35 Charles E Lenhart III Check 03/02/2006 36 Richard Matthias Check 03/02/2006 37 Bruce W. Raber -1,073.21 Check 03/02/2006 38 Joseph H. Wisser -1,112.22 Check 03/02/2006 39 Richard Bittner -5,737.00 -17.98 -320.00 -14.18 -1,020.93 -215.59 -716.53 -172.85 -1,050.14 -675.65 -25.31 5 Check 03/02/2006 41 Richard Snyder Check 03/02/2006 42 Stanley W. Billig -124.48 -39.73 Check 03/02/2006 43 Robert Eschbach -667.89 Check 03/02/2006 40 John J. Leahy Check 03/02/2006 44 Carl A. Wolfe, Jr. -792.52 Check 03/02/2006 45 Thomas C. Creighton III -137.93 Check 03/02/2006 46 Charles E Lenhart III -137.93 Check 03/02/2006 47 David C. Najarian -137.93 Check 03/02/2006 28 Thomas C. Creighton III 0.00 Check 03/02/2006 30 Charles E Lenhart III 0.00 Check 03/02/2006 31 David C. Najarian Check 03/03/2006 EFT A D Computer Corporation Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check 03/06/2006 2576 Lehigh County Humane Society -385.00 03/06/2006 2577 F&S Supply Company, Inc. -323.94 03/06/2006 2578 Trustee Insurance Fund 03/06/2006 2579 Viking 03/07/2006 2580 Citgo Petroleum Corporation 03/07/2006 2581 Heidelberg Township 03/07/2006 2582 Suburban Propane -324.14 03/07/2006 2583 The Morning Call -175.24 03/07/2006 2584 USI Insurance Services Check 03/08/2006 2585 Postmaster Check Bill Pmt Check Bill Pmt Check 03/08/2006 2586 Linda L. Tyson -70.00 03/08/2006 2587 Northern Valley Auto Parts -25.14 03/08/2006 2588 MET-ED -356.67 Check 03/08/2006 2589 Postmaster -156.00 Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check 03/11/2006 2590 PA State Association of Twp. Supervisors -70.00 03/11/2006 2591 Evertt Plumbing and Heating -98.75 03/11/2006 2592 John M. Ashcraft, III -1,026.00 03/11/2006 2593 Keystone Mutual Insurance -3,648.00 03/11/2006 2594 Miller's Auto Body 03/11/2006 2595 PCI Insurance, Inc. 03/11/2006 2596 Pennsylvania One Call System, Inc. 03/11/2006 2597 Time News Check 03/14/2006 2598 Bruce W. Raber Check Bill Pmt Check Bill Pmt Check 03/14/2006 2599 Kenneth A. Bleiler 03/14/2006 2600 Clark Mantz 03/16/2006 2601 Viking -261.62 Check 03/16/2006 2602 PSECU -250.00 Check Bill Pmt Check 03/16/2006 2603 Kenneth A. Bleiler -250.00 03/16/2006 2604 Kelly Services -285.00 Check 03/17/2006 EFT A D Computer Corporation Check 03/17/2006 48 Kenneth A. Bleiler Check 03/17/2006 49 Thomas C. Creighton III Check 03/17/2006 50 Tina M. Everett 0.00 0.00 -96.90 0.00 -156.92 -56.62 -4,308.25 -17.00 0.00 -8.00 -9,399.35 -10.20 -295.68 -19.07 -139.99 -75.00 -53.40 -915.83 -87.30 -1,090.96 6 Check 03/17/2006 51 Robert P. Sadler -505.76 Check 03/17/2006 52 Sherry L. Selig -827.38 Check 03/17/2006 53 Irwin P Hamm -554.37 Check 03/17/2006 54 Robert C. Hamm -385.30 Check 03/17/2006 55 Dennis L. Snyder -267.07 Check 03/17/2006 56 Sandra Acker Check 03/17/2006 57 Charles E Lenhart III -992.71 Check 03/17/2006 58 Richard Matthias -673.66 Check 03/17/2006 59 Bruce W. Raber -1,090.35 Check 03/17/2006 60 Joseph H. Wisser -1,064.13 Check 03/17/2006 61 Linda L. Tyson Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check Bill Pmt Check 03/20/2006 2605 Cash 03/20/2006 2606 Nextel Communications -210.70 03/20/2006 2607 Kelly Services -228.00 03/20/2006 2608 Suburban Propane -918.32 03/20/2006 2609 Kermit K. Kistler, Inc. 03/20/2006 2610 Verizon -286.04 03/21/2006 2611 Horwith Fuel Oil -294.10 03/21/2006 2612 Time News 03/21/2006 2613 US Postal Service 03/22/2006 2614 Blue Ridge Communications -53.95 03/22/2006 2615 Cougle's Recycling Inc. -70.00 03/22/2006 2616 Gallagher Reporting and Video, LLC. 03/22/2006 2617 Heidelberg/Lynn EIT Bureau 03/22/2006 2618 Luther L. Werley -400.00 03/22/2006 2619 Waste Management -371.22 03/23/2006 2620 Reliable Sign and Striping, Inc. 03/28/2006 2621 Kelly Services 03/28/2006 2622 PA Dept. of Labor & Industry -66.00 Check Bill Pmt Check Bill Pmt Check 03/28/2006 2623 Charles E Lenhart III -24.97 03/28/2006 2624 Heidelberg Township -4,917.71 03/28/2006 2625 Kermit K. Kistler, Inc. Check 03/30/2006 2626 PSECU Check Bill Pmt Check 03/30/2006 2627 PA Dept of Comm & Econ Dev 03/31/2006 2628 National Waterworks Check 03/31/2006 62 Kenneth A. Bleiler Check 03/31/2006 63 Thomas C. Creighton III Check 03/31/2006 64 Tina M. Everett Check 03/31/2006 65 Robert P. Sadler -406.08 Check 03/31/2006 66 Sherry L. Selig -850.63 Check 03/31/2006 67 Sandra Acker Check 03/31/2006 68 Charles E Lenhart III Check 03/31/2006 69 Richard Matthias Check 03/31/2006 70 Bruce W. Raber -1,027.82 Check 03/31/2006 71 Joseph H. Wisser -1,041.56 -86.42 -2.72 -64.88 -17.01 -76.24 -442.05 -371.65 -1,134.46 -53.00 -306.38 -24.50 -250.00 -38.00 -1,230.80 -900.03 -87.30 -1,065.88 -86.42 -1,025.44 -808.05 7 Check 03/31/2006 72 Ronald Fillis Check 03/31/2006 73 John J. Leahy 0.00 Check 03/31/2006 74 Ray B. Moyer -70.62 Check 03/31/2006 75 Richard Snyder -79.45 Check 03/31/2006 76 Richard Diehm -575.91 Check 03/31/2006 77 Robert Eschbach -538.71 Check 03/31/2006 78 Carl A. Wolfe, Jr. -1,313.23 Check 03/31/2006 EFT A D Computer Corporation Total 100 General Fund Checking 102 Lynn Ontelaunee Park Bill Pmt Check 03/08/2006 Bill Pmt Check 03/28/2006 -70.62 -61.90 -70,336.40 447 MET-ED 448 Gardenique Landscaping, Inc. Total 102 Lynn Ontelaunee Park -8.97 -2,500.00 -2,508.97 105 Lynn Subdivision/Zoning Check 03/20/2006 171 John J. Scully III -19.50 Check 03/30/2006 172 Lynn Township -280.50 Total 105 Lynn Subdivision/Zoning 107 Lynn Twnship Electric Light Bill Pmt Check 03/20/2006 643 Total 107 Lynn Twnship Electric Light -300.00 MET-ED -709.25 -709.25 108 Lynn Twnshp Rd Bd St Fund Check 03/31/2006 Total 108 Lynn Twnshp Rd Bd St Fund TOTAL -10.00 -10.00 -73,864.62 Minutes4-6-06 8