Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Reorganization Meeting
Monday, January 7, 2008 - 6:00 p.m.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
Stephen C. Wagner, Vice Chairman
Joyce V. White
Joseph M. Horvath
John E. Gilda, Jr.

Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Jeffrey Dimmich, Township Solicitor

CALL TO ORDER
Temporary Chairman Gutzmirtl 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 Gutzmirtl asked all in attendance to stand and recite the “Pledge of Allegiance.”

INTRODUCTION OF JOHN E. GILDA, JR. – NEWLY-ELECTED MEMBER OF THE BOARD OF SUPERVISORS
Temporary Chairman Gutzmirtl introduced and welcomed newly-elected Supervisor John E. Gilda, Jr.

Mr. Gilda said he was looking forward to serving and working with the other members of the Upper Saucon Township Board of Supervisors.

REORGANIZATION OF THE BOARD OF SUPERVISORS
It was the consensus of the Board that Miro A. Gutzmirtl act as the Chairman Pro Tem for the purpose of conducting the election of the Chairman of the Board of Supervisors.

Elect Chairman
A motion was made by Mr. Horvath and seconded by Mr. Wagner 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 Gutzmirtl: Abstained
Mr. Gilda: Yes
Mr. Horvath: Yes
Mr. Wagner: Yes
Mrs. White: No

The motion carried by a vote of 3 to 1 with 1 abstention.

Mr. Gutzmirtl then assumed the duties of Chairman.

Elect Vice Chairman
A motion was made by Mr. Horvath and seconded by Mr. Gilda 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. Gilda: Yes
Mr. Horvath: Yes
Mr. Wagner: Abstained
Mrs. White: Yes

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

Appoint Township Secretary
A motion was made by Mr. Horvath and seconded by Mr. Wagner 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. Wagner: Yes
Mr. Gilda: Yes
Mr. Horvath: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

Appoint Township Treasurer
A motion was made by Mr. Horvath 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. Wagner: Yes
Mr. Gilda: Yes
Mr. Horvath: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

Appoint Assistant Township Secretary
A motion was made by Mr. Horvath and seconded by Mr. Wagner 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. Wagner: Yes
Mr. Gilda: Yes
Mr. Horvath: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

Appoint Assistant Township Treasurer
A motion was made by Mr. Horvath 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. Wagner: Yes
Mr. Gilda: Yes
Mr. Horvath: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

PUBLIC COMMENT
Public Comment is summarized as follows:

George and Judy Bloeser - 6500 Limeport Pike – Mr. Bloeser wanted the Board to know about the America on Wheels exhibit opening in Allentown. He and his wife were involved in the project and brought newsletters for the Board to review. Mrs. Bloeser explained how the exhibit would be used for educational purposes.  She noted she was also interested in recruiting volunteers to work at the exhibit.

Chairman Gutzmirtl suggested an event highlighting the exhibit be organized at the Township park and that the idea be made an agenda item for the Park and Recreation Commission.

CHAIRMAN’S REMARKS
Chairman Gutzmirtl recognized Lutron as a friendly corporate neighbor for donating $7,500 to be used by various volunteer organizations in the Township.

REORGANIZATION BUSINESS
Establish Treasurer’s Bond
A motion was made by Mr. Wagner and seconded by Mr. Horvath to establish the Treasurer’s Bond for the year 2008 at $2,000,000.00.

The motion carried by a vote of 5 to 0.

Establish Assistant Treasurer’s Bond
A motion was made by Mr. Wagner and seconded by Mr. Horvath to establish the Assistant Treasurer’s Bond for the year 2008 at $2,000,000.00.

The motion carried by a vote of 5 to 0.

Depositories for Township Funds – Resolution Nos. 2008-01, 2008-02, 2008-03, 2008-04, 2008-05, 2008-06
A motion was made by Mr. Horvath and seconded by Mrs. White to adopt Resolution Nos. 2008-01, 2008-02, 2008-03, 2008-04, 2008-05, and 2008-06 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 2008.

The motion carried by a vote of 5 to 0.

Appointment of Solicitor
A motion was made by Mr. Horvath and seconded by Mr. Wagner to appoint the law firm of Dimmich & Dinkelacker, 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 dated December 1, 2006.

The motion carried by a vote of 5 to 0.

Appointment of General Service Engineer
A motion was 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 November 14, 2007.

The motion carried by a vote of 5 to 0.

Appointment of Water Engineer
A motion was made by Mr. Horvath 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 14, 2007.

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. Wagner 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 dated January 1, 2006.

The motion carried by a vote of 5 to 0.

Appointment of Geotechnical Consultant
A motion was made by Mr. Horvath and seconded by Mr. Gilda 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.

Mr. Wagner asked if the rates had increased, to which Mr. Beil responded no.

The motion carried by a vote of 5 to 0.

Appointment of Auditor
A motion was made by Mr. Horvath and seconded by Mr. Wagner to adopt Resolution No. 2008-10 appointing the accounting firm of Reinsel Kuntz Lesher, LLP to perform the 2007 annual financial audit.

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

Appointments/Reappointments to Boards and Commissions

Zoning Hearing Board
A motion was made by Mr. Horvath and seconded by Mr. Wagner to adopt Resolution No. 2008-07 reappointing Michael DePaolis to the Upper Saucon Township Zoning Hearing Board for a three year term expiring on December 31, 2010.

The motion carried by a vote of 5 to 0.

Vacancy Board
A motion was made by Mr. Wagner and seconded by Mr. Horvath to reappoint Richard M. Nelson to the Upper Saucon Township Vacancy Board for a one year term expiring on December 31, 2008.

The motion carried by a vote of 5 to 0.

Police Pension Committee
A motion was made by Mr. Wagner and seconded by Mrs. White to appoint Joseph Pochron, John E. Gilda, Jr., and Joseph M. Horvath to the Upper Saucon Township Police Pension Committee for the 2008 calendar year.

The motion carried by a vote of 5 to 0.

Non-Uniformed Pension Committee
A motion was made by Mr. Wagner and seconded by Mrs. White to appoint Lyne E. Miller, Thomas E. Young, and Joseph M. Horvath to the Upper Saucon Township Non- Uniformed Pension Committee for the 2008 calendar year.

The motion carried by a vote of 5 to 0.

Uniform Construction Code Board of Appeals
A motion was made by Mr. Horvath and seconded by Mrs. White to appoint Keith Binkley to the Uniform Construction Code Board of Appeals for a one year term expiring on December 31, 2008.

The motion carried by a vote of 5 to 0.

Uniform Construction Code Board of Appeals
A motion was made by Mr. Horvath and seconded by Mrs. White to reappoint Robert A. Bosak to the Uniform Construction Code Board of Appeals for a one year term expiring on December 31, 2008.

The motion carried by a vote of 5 to 0.

Uniform Construction Code Board of Appeals
A motion was made by Mr. Horvath and seconded by Mrs. White to reappoint David T. Howard to the Uniform Construction Code Board of Appeals for a one year term expiring on December 31, 2008.

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 John E. Gilda, Jr., from the Planning Commission effective immediately.

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

A motion was made by Mr. Horvath and seconded by Mr. Wagner to appoint Joaquim DeMatos to the Upper Saucon Township Planning Commission for a partial term expiring on December 31, 2009.

The motion carried by a vote of 5 to 0.

Park & Recreation Commission
A motion was made by Mr. Horvath and seconded by Mr. Wagner to reappoint Tyrone Hollie to the Upper Saucon Township Park & Recreation Commission for a five year term expiring on December 31, 2012.

The motion carried by a vote of 5 to 0.

Park & Recreation Commission
A motion was made by Mr. Horvath and seconded by Mr. Wagner to reappoint William Lycett to the Upper Saucon Township Park & Recreation Commission for a five year term expiring on December 31, 2012.

The motion carried by a vote of 5 to 0.

Environmental Advisory Council
A motion was made by Mr. Horvath and seconded by Mr. Wagner to appoint Patrick Leonard to the Upper Saucon Township Environmental Advisory Council for a three year term expiring on December 31, 2010.

The motion carried by a vote of 5 to 0.

Designate a Chairperson of the Environmental Advisory Council
A motion was 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 2008.

Both Chairman Gutzmirtl and Mr. Horvath praised the work of the Environmental Advisory Council in its first year under the direction and leadership of Mr. Gettings.

The motion carried by a vote of 5 to 0.

Establish 2008 Regular Meeting Schedule
A motion was made by Mr. Horvath and seconded by Mrs. White to approve the following regular meeting schedule for 2008:

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 2008:

Planning and Zoning Committee
Stephen Wagner, Chair
Miro Gutzmirtl

Public Works and Transportation Committee
Joyce White, Chair
John Gilda

Administration and Finance Committee
Joseph Horvath, Chair
John Gilda

Emergency Services Committee
Stephen Wagner, Chair
Joyce White

Recreation and Culture Committee
Miro Gutzmirtl, Chair
Stephen Wagner

Open Space/Environmental Advisory Council Liaison Committee
Joseph Horvath, Chair
Miro Gutzmirtl

Municipal Authority Liaison Committee
Committee assignments will rotate on a monthly basis
January - Miro Gutzmirtl and Stephen Wagner
February – Miro Gutzmirtl and Joyce White
March – Joyce White and John Gilda
April – John Gilda and Joseph Horvath
May – Joseph Horvath and Stephen Wagner
June – Stephen Wagner and Joyce White
July – Joyce White and Joseph Horvath
August – Joseph Horvath and John Gilda
September – John Gilda and Stephen Wagner
October – Miro Gutzmirtl and Joyce White
November – Joyce White and Miro Gutzmirtl
December – Joseph Horvath and John Gilda

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 Miro A. Gutzmirtl as the Township's voting delegate to the State Association's annual convention.

The motion carried 4 to 0 with 1 abstention by Chairman Gutzmirtl.

SUBDIVISIONS AND LAND DEVELOPMENTS
None

MINUTES
Regular Meeting of August 13, 2007
A motion was made by Mr. Wagner and seconded by Mr. Horvath to approve the minutes of the August 13, 2007 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 5 to 0.

Regular Meeting of August 28, 2007
A motion was made by Mr. Wagner and seconded by Mrs. White to approve the minutes of the August 28, 2007 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. 2008-08
A motion was made by Mr. Horvath and seconded by Mrs. White to adopt Resolution No. 2008-08 setting the police pension plan contribution at 3% of the plan participant's compensation (W-2 wages) for the year 2008.

The motion carried by a vote of 5 to 0.

Non-Uniformed Pension Plan Contribution - Resolution No. 2008-09
A motion was made by Mr. Horvath and seconded by Mr. Wagner to adopt Resolution No. 2008-09 setting the non-uniformed pension plan contribution at 3% of the plan participant's compensation (W-2 wages) for the year 2008.

The motion carried by a vote of 5 to 0.

MOTIONS
Release of Funds – Orleans Homebuilders (Liberty Village) – Certification No. 2
A motion was made by Mr. Horvath and seconded by Mrs. White to authorize the release of construction security in the amount of $739,237.95 for the Liberty Village Subdivision in accordance with the Township Engineer’s recommendation made by a letter dated December 19, 2007.

The motion carried by a vote of 5 to 0.

Release of Funds – Orleans Homebuilders (Liberty Village) – Certification No. S-2
A motion was made by Mr. Wagner and seconded by Mr. Horvath to authorize the release of $324,216.69 for the Liberty Village Subdivision in accordance with the Township Sewer Engineer’s recommendation made by a letter dated December 18, 2007.

The motion carried by a vote of 5 to 0.

FIVE MINUTE RECESS
At this point, the Board took a five minute recess.

PUBLIC HEARINGS
Request for an Exemption from the Well Isolation Distance Requirements of 25 PA Code 73.13
A public hearing was held to accept public comment and input on a request by David and Cheryl Seip for an exemption from the 100 foot minimum distance requirement between an existing private well and a proposed sewage disposal system pursuant to 25 PA Code 73.13 and for a waiver from the requirement of 25 PA Code 72.33 (c)(1) that an appropriate groundwater study accompany the written request for that exemption. Mr. & Mrs. Seip propose to install a replacement on-site sewage disposal system on the property located at 2070 Flint Hill Road. Components of the on-site sewage disposal system will be located not less than 35 feet from an existing well on the property. The request for an exemption is made pursuant to 25 PA Code 73.3 (b). The hearing will be conducted pursuant to the Local Agency Act and Resolution No. 2005-38.

Attorney Dimmich handled the proceedings on behalf of the Township reading Exhibits A through H into the record.

David and Cheryl Seip were present and provided testimony in support of their request for an exemption from the well isolation distance requirements of 25 PA Code 73.13.

Edward J. Powell, Township Sewage Enforcement Officer, said the Seip’s currently have a failing on-lot septic system and that they would need an exemption from the well isolation distance requirements in order to repair their on-lot septic system.

Mr. Wagner and Mr. Horvath both had questions for the Seip’s.

The Seip’s responded to Mr. Wagner’s and Mr. Horvath’s questions.

Attorney Dimmich asked if any member of the public wished to speak on this matter.  There was no response.

Attorney Dimmich concluded the hearing.

Exemption from Well Isolation Distance Requirement
A motion was made by Mr. Wagner and seconded by Mrs. White to approve the request of David and Cheryl Seip for an exemption from the 100 foot minimum distance requirement set forth in 25 PA Code 73.13 in order to allow the installation of a replacement on-site sewage disposal system to be located not less than 35 feet from an existing well on the property at 2070 Flint Hill Road.

The motion carried by a vote of 5 to 0.

A second motion was made by Mr. Wagner and seconded by Mrs. White accepting the groundwater study done by Mr. Powell as a sufficient groundwater study under the State code.

The motion carried by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #01142008 dated 01/04/2008……..$  99,746.84
Warrant List #01142008 dated 01/04/2008……………  $367,208.05

A motion was made by Mrs. White and seconded by Mr. Horvath to authorize payment of the Prepaid Invoice List and Warrant List #01142008 dated 01/04/2008.

The motion carried by a vote of 5 to 0.

DIRECTION / DISCUSSION ITEMS
None

ADDITIONAL BUSINESS
Zoning Hearing Board Agenda – January 21, 2008
Mr. Beil reviewed the appeals listed on the January 21, 2008 Zoning Hearing Board Agenda.

A motion was made by Mr. Horvath and seconded by Mr. Wagner to authorize the Planning and Zoning Committee to review the docket for the January 21, 2008 Zoning Hearing Board meeting and to authorize the Committee to direct the Township Solicitor to oppose any of the appeals on the docket if deemed appropriate by the Committee.

The motion carried by a vote of 5 to 0.

A motion was made and seconded to authorize the Planning and Zoning Committee to review the Zabrecky zoning decision and to direct the Township Solicitor to appeal said decision if deemed appropriate by the Committee.

COURTESY OF THE FLOOR
Bob Tettemer – Glen Road – Mr. Tettemer praised the Board for their decision in the Seip matter. He also warned that the Seip’s are only one of many people in the Township that had a steel tank on a small lot and that many similar cases would be coming before the Board in the future.

EXECUTIVE SESSION
None

ADJOURNMENT
A motion was made by Mr. Horvath and seconded by Mrs. White to adjourn the meeting.

                                                                       
Secretary