Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Reorganization Meeting
Monday, January 4, 2010 – 6:00 P.M.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
Stephen C. Wagner, Vice Chairman
Joseph M. Horvath
Joaquim "Jack" DeMatos

Members Absent:
John E. Gilda, Jr.

Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr. Asst. Township Manager
Ronald Gawlik, P.E., Township Engineer
Thomas Dinkelacker, Township Solicitor

CALL TO ORDER
Miro Gutzmirtl, acting as Chairman ProTem, 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
Mr. Gutzmirtl asked all in attendance to stand and recite the “Pledge of Allegiance.”

REORGANIZATION OF THE BOARD OF SUPERVISORS
Elect Chairman
Motion made by Mr. Wagner and seconded by Mr. Horvath to elect Miro Gutzmirtl as Chairman of the Board of Supervisors.

The motion was approved by a vote of 3 to 0 with one abstention by Mr. Gutzmirtl.

Elect Vice Chairman
Motion made by Mr. Horvath and seconded by Mr. DeMatos to elect Stephen Wagner as Vice Chairman of the Board of Supervisors.

The motion was approved by a vote of 3 to 0 with one abstention by Mr. Wagner.

Appoint Township Secretary
Motion made by Mr. Horvath and seconded by Mr. Wagner to appoint Thomas F. Beil as Township Secretary.

The motion was approved by a vote of 4 to 0.

Appoint Township Treasurer
Motion made and seconded to appoint Robert E. Kassel, Jr., as Township Treasurer.

The motion was approved by a vote of 4 to 0.

Appoint Assistant Township Secretary
Motion made by Mr. Wagner and seconded by Mr. DeMatos to appoint Robert E. Kassel, Jr., as Assistant Township Secretary.

The motion was approved by a vote of 4 to 0.

Appoint Assistant Township Treasurer
Motion made by Mr. Wagner and seconded by Mr. Horvath to appoint Thomas F. Beil as Assistant Township Treasurer.

The motion was approved by a vote of 4 to 0.

PUBLIC COMMENT
None.

CHAIRMAN’S REMARKS
Newly-elected Chairman Gutzmirtl thanked the other members and the Township staff for all the support he has been given in the past year. The Chairman stated that he looked forward to working with everyone in the new year, a year he anticipates will be challenging yet filled with opportunities. In outlining some of the challenges, Chairman Gutzmirtl specifically addressed recreational needs, and the requirement to have active sites available immediately while still preserving passive recreational sites. He said all of the recreational demands need to be met under the guidelines of the open space program. Chairman Gutzmirtl said he also looks forward to the upcoming release of the official Township map, a map that depicts future streets, recreation areas, open space lands and trails. He noted the map will be used extensively in planning projects that will improve the quality of life in the Township.

RESOLUTION NO. 2010-11 – RECOGNITION OF ROBERT B. KUTULIS FOR ATTAINING THE RANK OF EAGLE SCOUT
Motion made by Mr. Wagner and seconded by Mr. Horvath to adopt Resolution No. 2010-11 recognizing Robert B. Kutulis for the tremendous honor he has brought to his family, Boy Scout Troop and community by attaining the rank of Eagle Scout.

Mr. Beil read Resolution No. 2010-11, and the Board congratulated Eagle Scout Kutulis for his accomplishment.

The motion was approved by a vote of 4 to 0.

REORGANIZATION BUSINESS
Establish Treasurer’s Bond
Motion made by Mr. Wagner and seconded by Mr. Horvath to establish the Treasurer’s Bond for the year 2010 at $2,000,000.00.

The motion was approved by a vote of 4 to 0.

Establish Assistant Treasurer’s Bond
Motion made by Mr. Horvath and seconded by Mr. DeMatos to establish the Assistant Treasurer’s Bond for the year 2010 at $2,000,000.00.

The motion was approved by a vote of 4 to 0.

Depositories for Township Funds – Resolution Nos. 2010-01, 2010-02, 2010-03, 2010-04,
2010-05, 2010-06
Motion made by Mr. Wagner and seconded by Mr. Horvath to adopt Resolution Nos. 2010-01, 2010-02, 2010-03, 2010-04, 2010-05 and 2010-06 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 2010.

The motion was approved by a vote of 4 to 0.

Appointment of Solicitor
Motion made by Mr. DeMatos and seconded by Mr. Wagner to appoint the law firm of Dimmich & Dinkelacker, P.C., 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 was approved by a vote of 4 to 0.

Appointment of General Service Engineer
Motion made by Mr. Wagner and seconded by Mr. Horvath 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 December 3, 2009.

The motion was approved by a vote of 4 to 0.

Appointment of Alternate Township Engineer
Motion made by Mr. Wagner and seconded by Mr. Horvath to appoint C. Robert Wynn Associates, Inc., as the Alternate Township Engineer to serve at the pleasure of the Board and to compensate the Alternate Township Engineer for services rendered according to the rate schedule set forth in Mr. Wynn’s letter dated November 17, 2009.

The motion was approved by a vote of 4 to 0.

Appointment of Water Engineer
Motion made by Mr. Wagner and seconded by Mr. DeMatos 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 schedule set forth in Mr. Pidcock’s letter dated December 3, 2009.

The motion was approved by a vote of 4 to 0.

Appointment of Sewer Engineer
Motion made by Mr. Horvath and seconded by Mr. DeMatos to reappoint the engineering firm of Schreiter Engineering Associates 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 effective January 1, 2007.

The motion was approved by a vote of 4 to 0.

Appointment of Geotechnical Consultant
Motion made by Mr. Wagner and seconded by Mr. Horvath to appoint The Benham Companies LLC (formerly known as 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 and related information set forth in Kent Littlefield’s letters dated September 4, 2008 and November 25, 2009.

The motion was approved by a vote of 4 to 0.

Appointment of Auditor – Resolution No. 2010-07
Motion made by Mr. Wagner seconded by Mr. Horvath to adopt Resolution No. 2010-07 appointing the accounting firm of Reinsel, Kuntz, Lesher, LLP to perform the 2009 annual financial audit.

The motion was approved by a vote of 4 to 0.

Appointments/Reappointments to Boards and Commissions

Vacancy Board
Motion made by Mr. Wagner made a motion to reappoint Richard M. Nelson to the Upper Saucon Township Vacancy Board for a one year term expiring on December 31, 2010. Mr. Horvath seconded the motion.

The motion was approved by a vote of 4 to 0.

Police Pension Committee
Motion made by Mr. DeMatos and seconded by Mr. Wagner to appoint Joseph Pochron, John E. Gilda, Jr., and Joseph M. Horvath to the Upper Saucon Township Police Pension Committee for the 2010 calendar year.

The motion was approved by a vote of 3 to 0 with one abstention by Mr. Horvath.

Non-Uniformed Pension Committee
Motion made by Mr. Wagner and seconded by Mr. DeMatos to appoint Lyne E. Miller, Thomas E. Young and Joseph M. Horvath to the Upper Saucon Township Non-Uniformed Pension Committee for the 2010 calendar year.

The motion was approved by a vote of 3 to 0 with one abstention by Mr. Horvath.

Uniform Construction Code Board of Appeals
Motion made by Mr. Horvath and seconded by Mr. DeMatos to reappoint Keith Binkley to the Uniform Construction Code Board of Appeals for a one year term expiring on December 31, 2010.

The motion was approved by a vote of 4 to 0.

Uniform Construction Code Board of Appeals
Motion made by Mr. Horvath and seconded by Mr. Wagner to reappoint Robert A. Bosak to the Uniform Construction Code Board of Appeals for a one year term expiring on December 31, 2010.

The motion was approved by a vote of 4 to 0.

Uniform Construction Code Board of Appeals
Motion made by Mr. Horvath and seconded by Mr. Wagner to reappoint David T. Howard to the Uniform Construction Code Board of Appeals for a one year term expiring on December 31, 2010.

The motion was approved by a vote of 4 to 0.

Environmental Advisory Council
Motion made by Mr. Horvath and seconded by Mr. Wagner to reappoint Thomas L. Gettings to the Upper Saucon Township Environmental Advisory Council for a three year term expiring on December 31, 2012.

The motion was approved by a vote of 4 to 0.

Environmental Advisory Council
Motion made and seconded to reappoint Peter O. Staffeld to the Upper Saucon Township Environmental Advisory Council for a three year term expiring on December 31, 2012.

The motion was approved by a vote of 4 to 0.

Designate Chairperson of Environmental Advisory Council
Motion made by Mr. Wagner and seconded by Mr. Horvath to designate Thomas L. Gettings as Chairperson of the Upper Saucon Township Environmental Advisory Council for the year 2010.

The motion was approved by a vote of 4 to 0.

Zoning Hearing Board
Motion made by Mr. Horvath and seconded by Mr. DeMatos to adopt Resolution No. 2010-14 reappointing James T. Rouland to the Upper Saucon Township Zoning Hearing Board for a 3 year term expiring on December 31, 2012.

The motion was approved by a vote of 4 to 0.

Zoning Hearing Board - Resignation of Alfred Cancellieri
Motion made by Mr. Wagner and seconded by Mr. Horvath to accept the resignation of Alfred Cancellieri from the Zoning Hearing Board (Alternate) effective immediately.

The motion was approved by a vote of 4 to 0.

Planning Commission
Motion made by Mr. Wagner and seconded by Mr. Horvath to appoint Alfred Cancellieri to the Upper Saucon Township Planning Commission for a four year term expiring on December 31, 2013.

The motion was approved by a vote of 4 to 0.

Municipal Authority/Sewage Treatment Authority
Motion made by Mr. Wagner and seconded by Mr. DeMatos to appoint Steven Annunziato to the Municipal Authority and Sewage Treatment Authority for a five year term expiring on December 31, 2014.

The motion was approved by a vote of 4 to 0.

Municipal Authority/Sewage Treatment Authority - Resignation of Current Member
Motion made by Mr. Horvath and seconded by Mr. DeMatos to accept the resignation of Aaron Attwood from the Municipal Authority and Sewage Treatment Authority effective immediately.

Chairman Gutzmirtl expressed his sincere thanks to Mr. Attwood for the time and effort he has given to the Township serving as a member of the Authority.

The motion was approved by a vote of 4 to 0.

Municipal Authority/Sewage Treatment Authority – Appointment of New Member
Motion made by Mr. Horvath and seconded by Mr. Wagner to appoint Joaquim “Jack” DeMatos to the Municipal Authority and Sewage Treatment Authority for a partial term expiring on December 31, 2010.

The motion was approved by a vote of 3 to 0 with one abstention by Mr. DeMatos.

Park & Recreation Commission
Motion made by Mr. Wagner and seconded by Mr. Horvath to reappoint David Pappentick to the Upper Saucon Township Park & Recreation Commission for a five year term expiring on December 31, 2014.

The motion was approved by a vote of 4 to 0.

Establish 2010 Regular Meeting Schedule
Motion made by Mr. Horvath and seconded by Mr. Wagner to approve the following regular meeting schedule for 2010:

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

Monday, January 4, 2010
Monday, January 18, 2010
Monday, February 1, 2010
Tuesday, February 16, 2010
Monday, March 1, 2010
Monday, March 15, 2010
Monday, April 5, 2010
Monday, April 26, 2010
Monday, May 3, 2010
Monday, May 17, 2010
Monday, June 7, 2010
Monday, June 21, 2010
Tuesday, July 6, 2010
Monday, July 19, 2010
Monday, August 2, 2010
Monday, August 16, 2010
Tuesday, September 7, 2010
Monday, September 20, 2010
Monday, October 4, 2010
Monday, October 18, 2010
Monday, November 1, 2010
Monday, November 15, 2010
Monday, December 6, 2010
Monday, December 20, 2010

*Note: Special meetings will be scheduled when needed

The motion was approved by a vote of 4 to 0.

Committee Assignments
The Chairman announced the following committee assignments for the year 2010:

Planning and Zoning Committee
Miro Gutzmirtl, Chair
Stephen Wagner

Public Works and Transportation Committee
John Gilda, Chair
Joseph Horvath

Administration and Finance Committee
Joseph Horvath, Chair
John Gilda

Emergency Services Committee
Stephen Wagner, Chair
Miro Gutzmirtl

Recreation and Culture Committee
Stephen Wagner, Chair
Miro Gutzmirtl

Open Space / Environmental Advisory Council Liaison Committee
Joseph Horvath, Chair
Jack DeMatos

Appointments Review Committee
Miro Gutzmirtl, Chair
Stephen Wagner

Appointment of Voting Delegate to State Association’s Annual Convention
Motion made by Mr. Horvath and seconded by Mr. DeMatos to appoint Stephen Wagner as the Township’s voting delegate to the State Association’s annual convention.

The motion was approved by a vote of 3 to 0 with one abstention by Mr. Wagner.

SUBDIVISIONS & LAND DEVELOPMENTS
None

MINUTES
Regular Meeting of December 7, 2009
Motion made by Mr. Horvath and seconded by Mr. DeMatos to approve the minutes of the regular meeting of December 7, 2009.

The motion was approved by a vote of 3 to 0 with Mr. Wagner abstaining.

Regular Meeting of December 21, 2009
Motion made by Mr. Horvath and seconded by Mr. Wagner to approve the minutes of the regular meeting of December 21, 2009.

The motion was approved by a vote of 4 to 0.

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
Police Pension Plan Contribution – Resolution No. 2010-08
Motion made by Mr. Horvath and seconded by Mr. DeMatos to adopt Resolution No. 2010-08 setting the police pension plan contribution at 6% of the plan participant’s compensation (W-2 wages) for the year 2010.

The motion was approved by a vote of 4 to 0.

Non-Uniformed Pension Plan Contribution – Resolution No. 2010-09
Motion made by Mr. Horvath and seconded by Mr. Wagner to adopt Resolution No. 2010-09 setting the non-uniformed pension plan contribution at 5% of the plan participant’s compensation (W-2 wages) for the year 2010.

The motion was approved by a vote of 4 to 0.

Resolution No. 2010-10 - Consultant Review Fees To Be Paid By Developers In Connection With The Review And Approval Of Subdivisions And Land Developments
Motion made by Mr. Wagner and seconded by Mr. Horvath to adopt Resolution No. 2010-10 approving consultant review fees to be paid by developers in connection with the review and approval of land development plans and the inspection, review and approval of public improvements and common amenities contemplated by land development projects pursuant to the Municipalities Planning Code and the Township Subdivision and Land Development Ordinance.

The motion was approved by a vote of 4 to 0.

MOTIONS
Employee Handbook
Motion made by Mr. Horvath and seconded by Mr. DeMatos to adopt the Employee Handbook dated December 17, 2009 and to make the Handbook effective as of January 1, 2010.

The motion was approved by a vote of 4 to 0.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid invoice List #01042009, dated 12/30/2009, for $106,037.85

Motion made by Mr. Horvath and seconded by DeMatos to authorize the payment of the Prepaid Invoice List.

The motion was approved by a vote of 4 to 0.

DIRECTION/DISCUSSION ITEMS
Zoning Board Appeal No. 2009-13 - Christopher and Bridget Graver of 4640 Rolling Ridge Drive
Mr. Beil reviewed the Graver zoning appeal. The Graver property is located in the Curly Horse subdivision and appeared on the Zoning Hearing Board’s agenda previously but was carried over by the Zoning Hearing Board. The Graver’s are requesting a variance to increase the impervious cover on their property from 21.91% to 23.00% in order to place a shed on their property. The concern, as initially addressed by Mr. Beil, was that allowing the appeal to be heard without input from the Township and the Board’s Solicitor may set a precedent within the Curly Horse subdivision. Mr. Beil asked the Board of Supervisors to encourage the Zoning Hearing Board to establish a standard or template that can be used for similar anticipated appeals from residents in the subdivision. The Board of Supervisors
questioned the impact on the stormwater management system if all lots in the subdivision were allowed 23% impervious cover.

The consensus of the Board was to authorize the Township Manager to determine the appropriate response by the Township to the Graver zoning appeal. The Township Manager will consult with the Township Engineer, Township Solicitor and Planning and Zoning Committee prior to deciding the appropriate response which could range from allowing the Zoning Hearing Board to decide the matter without input from the Township to sending the Solicitor to oppose the Graver zoning appeal.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
Mindy Moore, 4325 Boulder Drive – Ms. Moore questioned why the Board is even considering modifying the impervious cover restriction when the ordinance calls for 15% and further questioning why the homeowner was allowed to increase the impervious cover to 21.9%.

Mr. Beil said the ordinance in effect when the subdivision was built permitted a 20% building coverage which is different from impervious coverage, and that driveways and sidewalks are considered impervious coverage but are not considered building coverage. The new zoning ordinance which was adopted six months ago restricts impervious cover to no more than 15% of the lot. Mr. Beil stated that the Graver’s complied with the 20% building coverage requirement in the old zoning ordinance, but are not in compliance with the 15% impervious cover requirement in the new zoning ordinance and this is the reason the Graver’s requested a variance.

Mr. Horvath suggested sending the Solicitor to the Zoning Hearing Board would be an unnecessary expense. Chairman Gutzmirtl reminded Mr. Horvath that the Board authorized the Township Manager to determine the appropriate response by the Township to the Graver zoning appeal. After consulting with the Township Engineer, Township Solicitor and Planning and Zoning Committee, the Township Manager will decide whether or not the Township Solicitor will represent the Township at the Zoning Hearing Board meeting to oppose the Graver zoning appeal.

EXECUTIVE SESSION
None

ADJOURNMENT
Motion made by Mr. Horvath and seconded by Mr. Wagner to adjourn the meeting.

The motion carried by a vote of 4 to 0.

______________________
Secretary