Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, January 18, 2010 – 6:00 p.m.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
Stephen 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
Dennis Harman, P.E., Township Engineer
Jeffrey Dimmich, Township Solicitor
Thomas Dinkelacker, Township Solicitor


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

PUBLIC COMMENT
Terry Orban, 6101 Fretz Avenue, Coopersburg – Mr. Orban wished to discuss a situation in his subdivision where a resident selling his house was required by the purchaser’s lender to upgrade the septic system even though the system was functional. Mr. Orban indicated that he believed the requirement to upgrade the septic system would be levied against any person selling in Sunset Park. Mr. Orban then inquired about the status of a proposed sewer line scheduled for Limeport Pike. Mr. Beil informed Mr. Orban that the Township Sewer Engineer was working on the design of the project to extend the existing sewer line to Ackerman’s Lane and Sunset Park. Mr. Beil further explained that the Township will need to acquire easements from the affected property owners. Mr. Beil said his best guess was that the sewer line would be completed in the next five to ten years.

CHAIRMAN’S REMARKS
Chairman Gutzmirtl made an appeal for residents to apply for appointment to vacant positions on various Township Boards and Commissions.

OFFICIAL MAP AND OFFICIAL MAP ORDINANCE (ORDINANCE NO. 140)
The Official Map (consisting of three individual component maps) depicts present and proposed public lands and facilities. Proposed Ordinance No. 140 adopts the Official Map and provides for the administration, enforcement and amendment of the Official Map.

Public Hearing on Official Map and Official Map Ordinance (Ordinance No. 140)
Thomas Dinkelacker, Township Solicitor, introduced the public hearing and the official map ordinance, an ordinance permitted under Article 4 of the Municipalities Planning Code. Attorney Dinkelacker explained the official map is a declaration by the Board of Supervisors of the projected areas the Township will eventually need for public purposes. The map identifies specific parcels or portions of private property where open spaces are desired or where public improvements are envisioned. Chairman Gutzmirtl explained the history of the map, the coordination effort involved in developing the map, and emphasized the need for an official map. Solicitor Dimmich read the following exhibits into the record:

• Exhibit T-1, a copy of the ordinance
• Exhibit T-2, the proposed map
• Exhibit T-3, copy of the public notices
• Exhibit T-4, letters from Mr. Beil transmitting the map to various Boards and Commissions
• Exhibit T-5, letters from Mr. Beil transmitting the proposed ordinance to adjacent municipalities
• Exhibit T-6, review comments received from various Boards, Commissions and municipalities

George Thomas, 5777 Locust Valley Road, who spoke in favor of the map, questioned how the areas were designated. Mr. Beil explained the process used to develop the map and the input provided by the Environmental Advisory Council.

Adoption of Official Map and Official Map Ordinance (Ordinance No. 140)
Motion made by Mr. Wagner and seconded by Mr. Horvath to adopt the Official Map and accompanying Ordinance No. 140 establishing an Official Map for the purpose of depicting present and proposed public lands and facilities.

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

MINUTES
Reorganization Meeting Minutes of January 4, 2010
Motion made by Mr. Horvath and seconded by Mr. DeMatos to approve the minutes of the January 4, 2010 Reorganization Meeting.

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

COMMITTEE REPORTS
None

RESOLUTIONS
Resolution No. 2010-16 – Valley Green South Subdivision – Accepting Bay Hill Drive, Bay Hill Drive North, Brooke Road, Bay Hill Drive South, Concord Drive, Devon Court and Keystone Lane As Part Of Township Road Network
Motion made by Mr. Horvath and seconded by Mr. DeMatos to adopt Resolution No. 2010-16 accepting Bay Hill Drive, Bay Hill Drive North, Brooke Road, Bay Hill Drive South, Concord Drive, Devon Court and Keystone Lane as part of the public road system of the Township to be hereinafter maintained and supervised by the Township.

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

SUBDIVISIONS & LAND DEVELOPMENTS
Illick Minor Subdivision – Resolution No. 2010-12
Motion made by Mr. DeMatos and seconded by Mr. Horvath to adopt Resolution No. 2010-12 conditionally approving the Illick Preliminary/Final Minor Subdivision Plan for a two lot subdivision on 4+/- acres at 4540 Liberty Road.

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

MOTIONS
Request For Payment – Suburban Water Testing Labs, Inc. – Certification No. 4 (4th Quarter)
Motion made by Mr. Horvath and seconded by Mr. DeMatos to authorize payment in the amount of $14,501.25 to Suburban Water Testing Labs, Inc., for annual laboratory testing services for the wastewater treatment and water distribution systems.

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

Award Bid For Drilling and Testing A New Public Water Supply Well At The Southernmost Potential Well Site Location On The Gun Club Property At 7600 Blue Church Road South
Mr. Beil said the bids for drilling and testing new public water supply wells were opened on January 7, 2010. The low bidder was Odenheimer Company. Mr. Beil noted the envelope containing Odenheimer’s bid was not sealed as required by the bid instructions. Mr. Beil identified the following three options for the Board to consider:

• Waive requirement that bid must be submitted in sealed envelope and award bid to Odenheimer Company.
• Reject all bids and authorize Township Engineer to rebid project.
• Disqualify Odenheimer Company bid and award bid to T. M. Mayer, LLC.

The Township Solicitor suggested the Board meet in executive session to discuss the bid options as this matter may result in litigation.

The Board met in executive session to discuss the bid options and possible legal ramifications of awarding the bid to Odenheimer Company.

The Board returned from executive session.

Motion made by Mr. Wagner and seconded by Mr. Horvath to waive the requirement for a sealed bid and to award the bid to Odenheimer Company in the amount of $34,120.00, conditioned upon the applicant submitting the required performance/payment bonds and insurance coverage in a form acceptable to the Township Solicitor.

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

Solicitor Dimmich said Odenheimer’s failure to seal their bid did not place Odenheimer at an advantage over the other bidders and the competitive nature of the bidding process was not undermined by Odenheimer’s failure to strictly follow the bid instructions.

CORRESPONDENCE AND INFORMATION ITEMS
None

DIRECTION/DISCUSSION ITEMS
Adopt-A-Road Program
Mr. Beil presented a preliminary proposal for the Adopt-A-Road Program, a program recommended for adoption by the Environmental Advisory Council. The program brings citizen volunteers into a partnership with the Township to clean up litter along Township roads. The cost of the safety equipment needed by the participating volunteers has been purchased with a grant, and the Township would be responsible for the permanent signage identifying the participating organization which is responsible for picking up litter along a section of roadway. Mr. Beil indicated that the program is for Township roads only. He said the State already has a similar program for State roads. It was the consensus of the Board to approve the program subject to the Township Solicitor modifying the language in the release.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid invoice List #01042010, dated 01/15/2010, for $281,974.10
Warrant List #01042010, dated 01/15/2010 for $325,371.46

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

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

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
None

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

The motion carried by a vote of 4 to 0.

______________________
Secretary