Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Reorganization Meeting
Tuesday, January 2, 2007 - 6:00 p.m.
Township Municipal Building

Members Present:
Stephen C. Wagner, Chairman
Miro A. Gutzmirtl, Vice Chairman
James H. White, Sr.
Joyce V. White
Joseph M. Horvath

Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Jeffrey Dimmich, Township Solicitor
J. Scott Pidcock, P.E., Township Engineer

CALL TO ORDER
Temporary Chairman Wagner called the meeting to order at 6:00 p.m. in the Public Meeting Room of the Upper Saucon Township Municipal Building, 5500 Camp Meeting Road, Upper Saucon Township, Lehigh County, PA.

PLEDGE OF ALLEGIANCE
Temporary Chairman Wagner asked all in attendance to stand and recite the “Pledge of Allegiance.”

REORGANIZATION OF THE BOARD OF SUPERVISORS
It was consensus of the Board that Stephen C. Wagner act as the Chairman Pro Tem for the purpose of conducting the election of the Chairman of the Board of Supervisors.

A motion was made by Chairman Pro Tem Wagner and seconded by Mr. White to elect Miro A. Gutzmirtl as Chairman of the Board of Supervisors.

The vote was taken by roll call, and the results were as follows:

Chairman Pro Tem Wagner: Yes
Mr. Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Abstained

The motion carried by a vote of 4 to 0 with 1 abstention.

Mr. Gutzmirtl then assumed the duties of Chairman.
Chairman Gutzmirtl thanked Mr. Wagner for serving as Chairman for the past year.

A motion was made by Mr. Horvath and seconded by Mr. White to elect Mr. Wagner as Vice Chairman of the Board of Supervisors.

The vote was taken by roll call, and the results were as follows:

Chairman Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. Wagner: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

A motion was made by Mr. White and seconded by Mr. Horvath to appoint Thomas F. Beil as the Township Secretary.

The vote was taken by roll call, and the results were as follows:

Chairman Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. Wagner: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

A motion was made by Mrs. White and seconded by Mr. Wagner to appoint Thomas F. Beil as the Township Treasurer.

The vote was taken by roll call, and the results were as follows:

Chairman Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. Wagner: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

A motion was made by Mrs. White and seconded by Mr. White to appoint Robert E. Kassel, Jr., as the Assistant Township Secretary.

The vote was taken by roll call, and the results were as follows:

Chairman Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. Wagner: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

A motion was made by Mrs. White and seconded by Mr. Wagner to appoint Robert E. Kassel, Jr., as the Assistant Township Treasurer.

The vote was taken by roll call, and the results were as follows:

Chairman Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. Wagner: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

PUBLIC COMMENT
Public Comment is summarized as follows:

Charles Ruppert – 5201 Mountainside Lane – Mr. Ruppert asked for more information on the $5 million fund for open space acquisition approved with the 2007 Township Budget.

Mr. Beil reviewed the amount borrowed, the debt service per year, and the terms of the borrowing, as well as the basics of newly created Environmental Advisory Council (EAC).

Mr. Ruppert urged the Township to make use of every opportunity for state and federal grant monies toward open space preservation.

Mr. Beil also made Mr. Ruppert aware of how properties targeted for preservation would be selected.

Mr. Ruppert wanted to know where the revenue would come from to pay the debt service.

Mr. Beil replied it would come out of the Township’s general fund, which consists of monies collected through the real estate, earned income, real estate transfer and emergency municipal services taxes.

Mr. Ruppert inquired about any anticipated increase in any of the taxes mentioned to meet the debt service.

Mr. Beil said it would have to be looked at on a year by year basis, but there would be no tax increase for 2007.

Mr. Ruppert then asked if the Township was taking in consideration a future increase in revenue from developers as had been done in the past. He feared that if the Township counts on an increase in revenues to pay back the debt service and those increases never come, then the cost of funding the land acquisition would quickly escalate.

Mr. Beil said while the Township anticipates an increase in revenues through several different avenues, there are also other projects that the Township would like to tackle. Therefore, it will become a matter of priorities and tough decisions as to what revenue would be used to fund which projects and what revenues would be used to pay the Township’s debt service.

Chairman Gutzmirtl spoke to the process behind the decision to pursue borrowing funds to be used toward acquiring open space. He told Mr. Ruppert that many policy decisions would have to be made over the next year and they would be made responsibly.

Mr. Ruppert said every path should be explored for preservation of land before the funding is tapped into.

Chairman Gutzmirtl agreed.

Mr. Wagner mentioned an idea brought forward by Mr. Horvath to create a five (5) year working budget as a way to project future revenue and expenditures.

Gretel Ruppert – 5201 Mountainside Lane – Mrs. Ruppert provided the Board with an update on the Antique Barn Coalition (ABC) and their upcoming meeting.

Dan Douro – 2881 Pike Avenue – Mr. Duro spoke on an item listed under the Motions section of the agenda regarding an appeal of a decision made by the Zoning Hearing Board that granted approval of a billboard at 2796 Pike Avenue. He felt the billboard would be detrimental to the safety and welfare of his family and his neighbors because of the sight difficulties it would impose. In addition, he said, there were already too many billboards in that area that impede drivers’ sight distance. He implored Supervisors to continue to fight against the installation of the billboard on behalf of his family and neighbors.

Janet Thomas – Locust Valley Road – Mrs. Thomas thanked Supervisors for the time they spent making plans to preserve open space in the Township.

Matt Stock – Pike Avenue – Mr. Stock also spoke out against the proposed billboard at 2796 Pike Avenue.

This concluded the Public Comment portion of the meeting.

REORGANIZATION BUSINESS
Establish Treasurer’s Bond
A motion was made by Mr. Wagner and seconded by Mr. White to establish the Treasurer’s Bond for the year 2007 at $2,000,000.00.

The vote was taken by roll call, and the results were as follows:

Chairman Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. Wagner: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

Establish Assistant Treasurer’s Bond
A motion was made by Mrs. White and seconded by Mr. Wagner to establish the Assistant Treasurer’s Bond for the year 2007 at $2,000,000.00.

Mr. Wagner wanted to make sure there was no one else in the Township that needed to be bonded.

Mr. Beil said one (1) other person, the Utilities Billing Clerk, was bonded at $50,000.00.

The motion carried by a vote of 5 to 0.

Depositories for Township Funds – Resolution Nos. 2007-01, 2007-02, 2007-03, 2007-04, 2007-05, 2007-06
A motion was made by Mr. Wagner and seconded by Mrs. White to adopt Resolution Nos. 2007-01, 2007-02, 2007-03, 2007-04, 2007-05, and 2007-06 approving Quakertown National Bank, Wachovia Bank, Bank of America, PNC Bank, Sovereign Bank, and National Penn Bank as depositories for Township Funds for the year 2007.

The motion carried by a vote of 5 to 0.

Appointment of Solicitor
A motion was made by Mrs. White and seconded by Mr. Horvath to reappoint the law firm of Dimmich, Guldin, Dinkelacker, and Brienza, PC as Township Solicitor to serve at the pleasure of the Board and to compensate the Township Solicitor for services rendered in accordance with the fee schedule set forth in Attorney Dimmich’s letter of December 1, 2006.

The motion carried by a vote of 5 to 0.

Appointment of General Service Engineer
A motion was made by Mr. White and seconded by Mrs. White to reappoint J. Scott Pidcock as the Township General Service Engineer to serve at the pleasure of the Board and to compensate the Township General Service Engineer for services rendered in accordance with the rate schedule set forth in Mr. Pidcock's letter dated November 6, 2006.

Mr. Wagner wanted to make sure the certificate of insurance and any contracts were phrased to match the language of the motion.

Mr. Pidcock agreed.

The motion carried by a vote of 5 to 0.

Appointment of Water Engineer
A motion was made by Mrs. White and seconded by Mr. Wagner to reappoint J. Scott Pidcock as the Township Water Engineer to serve at the pleasure of the Board and to compensate the Township Water Engineer for services rendered in accordance with the rate scheduled set forth in Mr. Pidcock's letter dated November 6, 2006.

The motion carried by a vote of 5 to 0.

Appointment of Sewer Engineer
A motion was made by Mr. Horvath and seconded by Mr. White to reappoint the engineering firm of Schreiter Engineering Associates, Inc. as the Township Sewer Engineer to serve at the pleasure of the Board and to compensate the Township Sewer Engineer for services rendered in accordance with the fee schedule provided by Schreiter Engineering Associates, Inc. dated January 1, 2006.

Chairman Gutzmirtl asked if the date of January 1, 2006 was correct, to which Mr. Beil responded yes, the fee schedule being used was effective as of that date.

The motion carried by a vote of 5 to 0.

Appointment of Geotechnical Consultant
A motion was made by Mrs. White and seconded by Mr. Wagner to reappoint Science Applications International Corporation (SAIC) as the Township Geotechnical Consultant to serve at the pleasure of the Board and to compensate the Township Geotechnical Consultant for services rendered in accordance with the fee schedule set forth in Kent Littlefield's letter dated November 14, 2006.

The motion carried by a vote of 5 to 0.

Appointment of Wetlands Consultant
A motion was made by Mr. Horvath and seconded by Mr. Wagner to reappoint Andrea M. Teti as Township Wetlands Consultant to serve at the pleasure of the Board and to compensate the Township Wetlands Consultant for services rendered in accordance with the fee schedule set forth in Ms. Teti's letter dated March 3, 2006.

Mr. White noted that the letter submitted to the Township by Ms. Teti was in poor taste because it was not on letterhead.

Chairman Gutzmirtl agreed the letter lacked professionalism.

The motion carried by a vote of 5 to 0.

Appointments/Reappointments to Boards and Commissions
Zoning Hearing Board
A motion was made by Mr. White and seconded by Mr. Wagner to adopt Resolution No. 2007-07 reappointing James T. Rouland to the Upper Saucon Township Zoning Hearing Board for a three (3) year term expiring on December 31, 2009.

The motion carried by a vote of 5 to 0.

Vacancy Board
A motion was made by Mr. Wagner and seconded by Mr. White to reappoint Richard M. Nelson to the Upper Saucon Township Vacancy Board for a one (1) year term expiring on December 31, 2007.

The motion carried by a vote of 5 to 0.

Police Pension Committee
A motion was made by Mr. White and seconded by Mr. Wagner to appoint Joseph Pochron, Miro A. Gutzmirtl and Joseph M. Horvath to the Upper Saucon Township Police Pension Committee for the 2007 calendar year.

The motion carried by a vote of 5 to 0.

Non-Uniformed Pension Committee
A motion was made by Mrs. White and seconded by Mr. Wagner to appoint Sandra S. Busedu, Thomas E. Young and Joseph M. Horvath to the Upper Saucon Township Non- Uniformed Pension Committee for the 2007 calendar year.

The motion carried by a vote of 5 to 0.

Uniform Construction Code Board of Appeals
A motion was made by Mr. Wagner and seconded by Mr. White to reappoint George J. Bloeser to the Uniform Construction Code Board of Appeals for a one (1) year term expiring on December 31, 2007.

The motion carried by a vote of 5 to 0.

Uniform Construction Code Board of Appeals
A motion was made by Mr. Wagner and seconded by Mrs. White to reappoint Robert A. Bosak to the Uniform Construction Code Board of Appeals for a one (1) year term expiring on December 31, 2007.

The motion carried by a vote of 5 to 0.

Uniform Construction Code Board of Appeals
A motion was made by Mrs. White and seconded by Mr. Horvath to reappoint David T. Howard to the Uniform Construction Code Board of Appeals for a one (1) year term expiring on December 31, 2007.

The motion carried by a vote of 5 to 0.

Planning Commission
A motion was made by Mr. Horvath and seconded by Mr. Wagner to accept the resignation of Patrick M. Leonard from the position of alternate member of the Zoning Hearing Board effective immediately.

The motion carried by a vote of 5 to 0.

A motion was made by Mr. White and seconded by Mr. Wagner to appoint Patrick M. Leonard to the Upper Saucon Township Planning Commission for a four (4) year term expiring on December 31, 2010.

The motion carried by a vote of 5 to 0.

Park & Recreation Commission
A motion was made by Mr. White and seconded by Mr. Wagner to reappoint Heather Scattergood to the Upper Saucon Township Park & Recreation Commission for a five (5) year term expiring on December 31, 2011.

The motion carried by a vote of 5 to 0.

Establish 2007 Regular Meeting Schedule
A motion was made by Mr. Wagner and seconded by Mr. White to approve the following regular meeting schedule for 2007:

Board of Supervisors
(All meetings will start at 6:00 PM)

The motion carried by a vote of 5 to 0.

COMMITTEE ASSIGNMENTS
The Chairman announced the following committee assignments for the year 2007:

Planning and Zoning Committee
Stephen Wagner, Chair
Miro Gutzmirtl

Public Works and Transportation Committee
Joyce White, Chair
James White, Sr.

Administration and Finance Committee
Joseph Horvath, Chair
Miro Gutzmirtl

Emergency Services Committee
Joyce White, Chair
Stephen Wagner

Recreation and Culture Committee
James White, Sr., Chair
Joyce White

Open Space Study Committee
Joseph Horvath, Chair
Miro Gutzmirtl

Municipal Authority Liaison Committee
Stephen Wagner, Chair
Miro Gutzmirtl

Appointments Review Committee
Miro Gutzmirtl, Chair
Stephen Wagner

Appointment of Voting Delegate to State Association’s Annual Convention
A motion was made by Mr. Horvath and seconded by Mr. Wagner to appoint James H. White, Sr., as the Township's voting delegate to the State Association's annual convention.

The motion carried 4 to 0 with 1 abstention by Mr. White.

MINUTES
Regular Meeting of February 13, 2006
A motion was made by Mr. White and seconded by Mr. Horvath to approve the minutes of the February 13, 2006 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 5 to 0.

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
Police Pension Plan Contribution - Resolution No. 2007-09
A motion was made by Mrs. White and seconded by Mr. Horvath to adopt Resolution No. 2007-09 setting the police pension plan contribution at 2% of the plan participant's compensation for the year 2007.

The motion carried by a vote of 5 to 0.

Non-Uniformed Pension Plan Contribution - Resolution No. 2007-10
A motion was made by Mr. White and seconded by Mrs. White to adopt Resolution No. 2007-10 setting the non-uniformed pension plan contribution at 2% of the plan participant's compensation (W-2 wages) for the year 2007.

The vote was taken by roll call on the amended motion, and the results were as follows:

Chairman Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. Wagner: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

MOTIONS
Request for Payment - Barry J. Hoffman Company, Inc.
A motion was made by Mr. Horvath and seconded by Mrs. White to authorize payment in the amount of $1,140.00 to Barry J. Hoffman Company, Inc., for work completed on the electrical system for the Applebutter Hill Water Storage Tank.

The vote was taken by roll call on the amended motion, and the results were as follows:

Chairman Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. Wagner: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

Appeal from the Decision of the Zoning Hearing Board Granting Approval for a Billboard at 2796 Pike Avenue (Docket No. 2005-20)
A motion was made by Mr. Horvath and seconded by Mr. Wagner authorizing the Township Solicitor to appeal the decision of the Zoning Hearing Board relative to the application of Abraham Atiyeh and Linden Street Warehouse, Inc., at Docket No. 2005-20.

The Board engaged in a short discussion, initiated by Mr. White, regarding the cost of this particular legal matter and whether or not the appeal should go forward. The conversation included a summary of the matter and legal opinion from Attorney Dimmich, as well as comments against proceeding by Mr. and Mrs. White.  Mr. Gutzmirtl and Mr. Wagner spoke in favor of proceeding.

The vote was taken by roll call on the amended motion, and the results were as follows:

Chairman Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. Wagner: Yes
Mr. White: No
Mrs. White: No

The motion carried by a vote of 3 to 2.

CORRESPONDENCE AND INFORMATIONAL ITEMS
Correspondence from PADEP
The Board reviewed correspondence from PADEP approving the Sanitary Sewerage System Corrective Action Plan filed by the Borough of Coopersburg.

Mr. Beil said no action was required, but for the Board’s information, the Township’s Municipal Authority had authorized an appeal of the decision.

Mr. Wagner went on record in support of the appeal.

DIRECTION / DISCUSSION ITEMS

Zoning Hearing Board Agenda for January 15, 2007
Mr. Beil reviewed the Zoning Hearing Board Agenda for January 15, 2007.

It was the consensus of the Board not to intervene in any of the agenda items.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
George Bloeser – Vice President of the Sewage Treatment and Water Authorities – Mr. Bloeser spoke on the letter from the PADEP and the action taken by the Township’s Authority. He provided a quick review of the special Saturday meeting where the decision was made and how certain truths had not made it into newspaper articles covering the matter.

Mr. Wagner spoke in support of Mr. Bloeser’s comments, and Attorney Dimmich explained the legal aspects of the case.

Bob Tettemer – Glen Road – Mr. Tettemer expressed his support for the Board’s action against the proposed billboard at 2796 Pike Avenue. He said the money spent was worth the lives it would save and the other billboards it would prevent along that stretch of road in the future.

EXECUTIVE SESSION
None

ADJOURNMENT
A motion was made by Mr. White and Mr. Wagner to adjourn the meeting.

                                                                       
Secretary