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Board of Supervisors
Agenda
MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Tuesday, January 23, 2007 - 6:00 p.m.
Township Municipal Building
Members Present:
Miro A. Gutzmirtl, Chairman
Stephen C. Wagner, 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
Dennis Harman, P.E., Township Engineer
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 HEARINGS
None
PUBLIC COMMENT
Public Comment is summarized as follows:
Al Siess – 6460 Blue Church Road – Mr. Siess said he was pleased that the Township was filling the seats of the newly created Environmental Advisory Council. He also commended Lehigh County for establishing the Congress of Governments and volunteered to serve as a representative of Upper Saucon Township if residents, as well as officials, are permitted to participate.
Mr. Beil said the bylaws of the Lehigh County Congress of Governments allow each municipality three (3) representatives, all of which must be officials of the municipality in some capacity.
ADMINISTER OATH OF OFFICE TO NEWLY HIRED POLICE OFFICER
Chairman Gutzmirtl administered the Oath of Office to newly hired Upper Saucon Township Police Officer Justin Driscoll.
Chairman Gutzmirtl then proceeded with the appointments to Boards and Commissions originally listed under the MOTIONS section of the agenda.
Appointments to Boards and Commissions
Planning Commission
A motion was made by Mr. White and seconded by Mr. Horvath to appoint Samantha Ciotti Falcone to the Upper Saucon Township Planning Commission for a four (4) year term expiring on December 31, 2010.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes
The motion carried by a vote of 5 to 0.
Resignation from Municipal Authority and Sewage Treatment Authority
A motion was made by Mr. Horvath and seconded by Mr. White to accept the resignation of James M. DeNave from the Municipal Authority and Sewage Treatment Authority effective immediately.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes
The motion carried by a vote of 5 to 0.
Municipal Authority/Sewage Treatment Authority
A motion was made by Mr. Horvath and seconded by Mrs. White to appoint Alfred J. Cancellier to the Municipal Authority and Sewage Treatment Authority to fill an unexpired term ending December 31, 2008.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes
The motion carried by a vote of 5 to 0.
Environmental Advisory Council
A motion was made by Mr. Wagner and seconded by Mrs. White to appoint Thomas L. Gettings to the Upper Saucon Township Environmental Advisory Council for a three (3) year term expiring on December 31, 2009.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes
The motion carried by a vote of 5 to 0.
Environmental Advisory Council
A motion was made by Mr. White and seconded by Mrs. White to appoint Peter O. Staffeld to the Upper Saucon Township Environmental Advisory Council for a three (3) year term expiring on December 31, 2009.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes
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 James J. Ward to the Upper Saucon Township Environmental Advisory Council for a two (2) year term expiring on December 31, 2008.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes
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 Erin Frederick to the Upper Saucon Township Environmental Advisory Council for a two (2) year term expiring on December 31, 2008.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes
The motion carried by a vote of 5 to 0.
Environmental Advisory Council
A motion was made by Mr. Horvath and seconded by Mr. White to appoint Thomas Mandry to the Upper Saucon Township Environmental Advisory Council for a one (1) year term expiring on December 31, 2007.
Chairman Gutzmirtl pointed out that Mr. Mandry also serves as the Chairman of the Township’s Planning Commission.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes
The motion carried by a vote of 5 to 0.
Designate Chairperson of Environmental Advisory Council
A motion was made by Mr. Horvath and seconded by Mr. Wagner to designate Thomas L. Gettings as Chairperson of the Environmental Advisory Council for the year 2007.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes
The motion carried by a vote of 5 to 0.
Municipal Authority/Sewage Treatment Authority
A motion was made by Mr. Horvath and seconded by Mr. Wagner to appoint Mindy Moore to the Municipal Authority and Sewage Treatment Authority for a five (5) year term expiring on December 31, 2011.
Mr. White made an alternative motion to nominate Bruce Ames to serve on the Municipal Authority and Sewage Treatment Authority for a five (5) year term expiring on December 31, 2011.
Mrs. White seconded the motion.
The vote was taken by roll call for the alternative motion, and the results were as follows:
Chairman Gutzmirtl: No
Mr. Wagner: No
Mr. Horvath: No
Mr. White: Yes
Mrs. White: Yes
By a vote of 2 in favor and 3 against, the motion was defeated.
Mr. Wagner spoke to Ms. Moore’s qualifications and attributed his support of her appointment to her experience and knowledge.
Chairman Gutzmirtl echoed Mr. Wagner’s comments adding he had seen her dedication to other projects and felt she would be an asset to the Authorities.
Mrs. White was against Ms. Moore’s appointment. Mrs. White believed that Ms. Moore should be ineligible because her application was not filed in a timely manner, and that her appointment was based on a system of political favors.
Chairman Gutzmirtl assured Mrs. White that Ms. Moore had interviewed before him and Mr. Wagner, as did others, and she was chosen because she was best suited for the position, not because of a political favor.
Attorney Dimmich addressed the timeliness of Ms. Moore’s application. He said the Board can appoint someone whose application was submitted after the specified deadline without worry of legal repercussions.
Mrs. White said appointments should be made by the Board as a whole, not by a select few.
A short discussion ensued between Chairman Gutzmirtl, Mrs. White, Mr. Wagner, and Attorney Dimmich regarding the past and current Board of Supervisors committee systems.
The vote was taken by roll call for the original motion, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: No
The motion carried by a vote of 4 in favor and 1 against.
Zoning Hearing Board Alternate
A motion was made by Mr. White and seconded by Mr. Horvath to appoint Keith Scattergood as an alternate member of the Upper Saucon Township Zoning Hearing Board to fill an unexpired term ending December 31, 2007.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes
The motion carried by a vote of 5 to 0.
PRESENTATIONS
Five (5) Year Strategic Plan for DeSales University – Father Bernard O’Conner, President of DeSales University
Father O’Conner began by highlighting some of the changes that have taken place at DeSales University in recent years and briefly reviewed the history of the institution. Using a map of DeSales, he provided a timeline that detailed the campus’s expansion over many years allowing those present to visualize the layout of the campus. He continued with an overview of the current student population, including the number attending during the day and at night and the number of resident and non-resident students. Furthermore, Father O’Conner mentioned a number of projects in the works, as well as a few of the projects the University would like to pursue in the years to come.
Robert Snyder, Vice President of Finance and Administration for DeSales University, reviewed the major projects that have taken place at the University over the past seven years using a slideshow of images of the finished products. Mr. Snyder also spoke about future endeavors that the University would like to undertake in the future including, but not limited to, a new residence hall and improvements to the baseball and soccer fields.
SUBDIVISIONS AND LAND DEVELOPMENTS
Sewage Facilities Planning Module for the Crossroads Subdivision - Resolution No. 2007-17
A motion was made by Mr. Wagner and seconded by Mrs. White to adopt Resolution No. 2007-17 approving the Sewage Facilities Planning Module for the Crossroads Subdivision and authorizing its submission to the PA Department of Environmental Protection for final review and approval.
Mr. White had many questions. One issue he was particularly concerned about was a letter dated September 14, 2005 from the PA Historical Museum Commission that suggested a probability of archeological resources existing in the area of the proposed facility. Mr. White said his other questions would be taken up with the Township Manager at a later date.
Attorney Dimmich addressed the comments made by the PA Historical Museum Commission, concluding there was no reason to deny approval of the planning module.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Horvath: Yes
Mr. White: No
Mrs. White: Yes
The motion carried by a vote of 4 to 1.
MINUTES
Regular Meeting of February 28, 2006
A motion was made and seconded to approve the minutes of the February 28, 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
Resolution No. 2007-15 - Appointment of Auditor
A motion was made by Mr. White and seconded by Mr. Horvath to adopt Resolution No. 2007-15 appointing the accounting firm of France, Anderson, Basile and Company, PC to perform the 2006 annual financial audit.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes
The motion carried by a vote of 5 to 0.
Resolution No. 2007-18 - Reimbursement For Police Officer To Attend Academy
A motion was made by Mr. Wagner and seconded by Mr. Horvath to adopt Resolution No. 2007-18 confirming the Township’s agreement to follow all rules, regulations, and training standards established by the Municipal Police Officers' Education and Training Commission as it relates to Officer Driscoll's police academy training, and the Township's request to be reimbursed by the State for Officer Driscoll's training expenses.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes
The motion carried by a vote of 5 to 0.
MOTIONS
Release of Funds - Locust Manor Subdivision - Certification No. 2
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize the release of construction security in the amount of $226,326.01 for the Locust Manor Subdivision in accordance with the Township Engineer's recommendation made by letter dated January 4, 2007.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes
The motion carried by a vote of 5 to 0.
Sewer Connection Agreement - 111 East Fairmount St. (Tilley Property)
A motion was made by Mr. White and seconded by Mr. Horvath authorizing the Chairman to execute the Agreement between Upper Saucon Township, Upper Saucon Township Municipal Authority, Coopersburg Borough and Coopersburg Borough Municipal Authority approving the connection of the Tilley property to the Upper Saucon Township Municipal Authority's sanitary sewer system.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes
The motion carried by a vote of 5 to 0.
Verizon Right-of-Way Agreement
A motion was made by Mr. White and seconded by Mrs. White to approve the Right-of-Way Agreement with Verizon North, Inc., allowing Verizon to install and maintain three (3) utility poles and overhead wires along West Hopewell Road in the vicinity of 5221 and 5231 West Hopewell Road and to authorize the Township Manager to execute said Agreement on behalf of the Township.
Mr. Wagner recused himself at that time because his residential property would be directly affected by the approval or denial of the agreement. He reserved the right, however, to comment on the matter as a private citizen.
Attorney Dimmich reviewed the situation, which involved the Curly Horse Subdivision, explaining how and why Mr. Wagner was directly affected. Additionally, he summarized the legal obligations and provisions associated with the matter, as well as the potential liability it may impose on the Township.
Mr. Harman told the Board that the proposed pole locations would be approximately nineteen (19) feet from the road edge outside of what PennDOT called the road “clear zone,” or the distance from the side of the road where obstructions are considered dangerous to the traffic pattern.
Mrs. White asked if other utilities in that area were underground, while Chairman Gutzmirtl questioned why Verizon wasn’t installing their lines underground.
Both inquiries were addressed by Scott Enck, a representative from Verizon who attended the meeting.
Attorney Dimmich questioned if the lines that existed over Mr. and Mrs. Wagner’s property provided service and why they could not be used instead of installing new lines.
Mr. Enck said yes, the lines did provide service, but had reached their maximum capacity.
Al Siess – 6460 Blue Church Road – Mr. Siess said he had no sympathy for large corporations who disregard the safety and aesthetics of a community based on cost. He also expressed displeasure that the developer of the subdivision was permitted to build without installing the legally required underground lines to provide access to utilities. It was Mr. Siess’s opinion that the developer and the utility providers should be made to discuss access to services before construction begins.
George Bloeser – 6500 Limeport Pike – Mr. Bloeser wanted to know if Verizon offered to pay for additional right-of-way to install another line on the existing poles that cross Mr. and Mrs. Wagner’s property.
Mr. Enck said Verizon did offer to purchase additional right-of-way from the Wagner’s, but the offer was refused.
Mr. Wagner spoke at length as a private resident regarding the reasons why he had denied Verizon an easement for a new line across his property. He stated he would stand his ground and take the matter to court if the company were to file an injunction. Finally, he made suggestions for alternative ways for Verizon to provide service to the Curly Horse subdivision.
Bob Tettemer – Glen Road – Mr. Tettemer said he had been a member of the Lehigh County Builders Association for nearly twelve years and remembers when underground lines were first introduced in the 1980’s. He said he would like to see all roadside lines and utilities moved underground because they are dangerous and hazardous. Mr. Tettemer suggested if companies want these rights-of-way, the Township should require that they install multiple conduits to accommodate any future lines.
Thomas Mandry – 6605 Landis Mill Road – Mr. Mandry said the aesthetics of the Township should be a consideration not only when discussing private properties, but open space and roadways as well. He was in favor of underground lines, and said in current weather conditions, they could easily be installed. Mr. Mandry also commented if there was concern over utility service to subdivisions prior to construction, then the provisions of SALDO should be revised to address those concerns.
Mindy Moore - 4325 Boulder Drive – As an inspector for PennDOT, Ms. Moore said the department looks to eliminate hazards from the roadsides, not add to them, as would be done by installing the new poles along West Hopewell Road. If, after installed, there are a number of accidents where the poles are damaged or knocked down, the company will then want measures put in place to protect the poles. Ms. Moore said she was in favor of underground lines.
Mr. Enck said that Verizon would be willing to install underground lines, but only if the Wagner’s supplied the trench. If that was not acceptable, he said, Verizon would be willing to move the poles to the inside of the corner on West Hopewell Road instead of the outside. Either way, Mr. Enck told the Board, Verizon is required by law to provide phone service to those in their franchise area. If that cannot be achieved by right-of-ways across private property, the law gives the company the right to utilize the Township’s easements provided it is safe.
Chairman Gutzmirtl said he would not compromise the safety of the community, was sensitive to the aesthetic concerns of residents, and was not convinced that other alternatives had been fully explored by Verizon. He felt Verizon’s best decision was to install underground lines and suggested the motion be tabled.
A motion was made by Mr. White and seconded by Mrs. White to withdraw the original motion and to table the matter indefinitely to allow further negotiations between all the parties involved.
The motion carried by a vote of 4 to 0 with 1 recusal (Mr. Wagner).
Request for Payment – Asphalt Paving Systems, Inc. – Certification No. 1 (Final)
A motion was made by Mrs. White and seconded by Mr. Wagner to authorize final payment in the amount of $28,641.71 to Asphalt Paving Systems, Inc., for micro-surfacing of various Township roads.
The motion carried by a vote of 5 to 0.
CORRESPONDENCE AND INFORMATIONAL ITEMS
None
DIRECTION / DISCUSSION ITEMS
Request for Reimbursement from Mr. & Mrs. Maragulia
Attorney Dimmich reviewed a formal memorandum he wrote dated January 16, 2007 and issued to the Township containing his recommendations on the matter. He concluded there was, to a degree, potential legal responsibility for the Township, despite the fact that there were three other parties also at fault. In his opinion, the matter should be turned over to the Township’s insurance company for determination of liability and possible payout.
A short discussion followed involving questions and comments from Mr. White, Mr. Horvath, and Attorney Dimmich.
A motion was made by Mr. Wagner and seconded by Mr. Horvath to direct the Township Manager to submit the Maragulia’s claim to the Township’s insurance company.
Mr. White asked what the time frame would be for a decision by the insurance company.
Attorney Dimmich said the insurance carrier had already been made aware of the situation, and would address it once a complaint was filed by the Maragulia’s.
Both Mr. and Mrs. Margulia expressed frustration saying they believed it was a Township problem that should be handled by the Township.
Additional discussion took place where all Board members contributed regarding the best and most economical way to proceed.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Horvath: Yes
Mr. White: No
Mrs. White: No
The motion carried by a vote of 3 in favor and 2 against.
BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #01232007 dated 01/19/2007…….$188,406.96
Warrant List #01232007 dated 01/19/2007…………….$704,035.25
A motion was made by Mr. Horvath and seconded by Mr. Wagner to authorize payment of the Prepaid Invoice List and Warrant List #01232007 dated 01/19/2007.
Mr. White had a question about one invoice. A copy of the invoice will be supplied by Mr. Kassel at a later date.
The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes
The motion carried by a vote of 5 to 0.
ADDITIONAL BUSINESS
None
COURTESY OF THE FLOOR
Al Siess – 6460 Blue Church Road – Mr. Siess thought it was unfair of Verizon to expect the Wagner’s to incur the cost of digging a trench so Verizon could install their lines underground. Similarly, he thought it was wrong for innocent property owners or taxpayers to have to assume any costs associated with new development.
George Bloeser – 6500 Limeport Pike – Mr. Bloeser asked if there was a way a municipality could require utilities be placed underground.
Attorney Dimmich said it can only be required within developments because everywhere else is governed by the State’s Public Utility Commission (PUC).
Mr. Bloeser said he would like for the Supervisors to consider contacting the State Representatives about changing the PUC provisions.
Chairman Gutzmirtl assured Mr. Bloeser that it would be discussed with PA Senator Rob Wonderling and PA Representative Karen Beyer.
Mr. Bloeser’s second request was for the Township to place or replace reflective tape on telephone poles along Limeport Pike from Lanark Road to the Township line.
Mr. Beil said he would contact PennDOT to determine what they were willing to do. Whatever PennDOT was not willing to do, he said, the Township’s road crew would do.
Mr. Bloeser also questioned the philosophy of the Board with respect to the Township’s Authorities. While he was happy to see a large number of people volunteering to serve, he said there should be a balance between new, fresh faces and those that have been involved with the issues of the Township for years. Specifically, he said, in dealing with the Coopersburg sewer matter, he felt it was beneficial to have members on the Authorities experienced in the matter from as far back as possible. Mr. Bloeser feared the Board was working to replace all of the veteran members of the Authorities with new, inexperienced members.
Chairman Gutzmirtl responded it wouldn’t really take long to bring new members up to speed on issues such as the Coopersburg sewer matter, and that the Board’s philosophy was to take the Township in a new direction. A new direction, he said, required new thinking from new people. As for replacing all of the veteran members, Chairman Gutzmirtl said that was not their intent, but the Board would appoint the best candidates, whether they were new or old.
Mr. Wagner pointed out several long-time members did not seek reappointment at the end of their terms. If they had, some would have definitely been reappointed by the Board.
Bob Tettemer – Glen Road – Mr. Tettemer said in his experience, the sewer systems near the Maraguila’s home on Ballybunion Road were nightmares, and he blamed the Township’s former engineering firm for the problems. Mr. Tettemer wanted to know who the plumber was who installed the Maraguila system, since he was required to test it before it was put into use.
EXECUTIVE SESSION
None
ADJOURNMENT
Before adjournment, Mr. White told the Board he had been approached by residents of the Saucon Valley Chase (a/k/a Center Valley Manor) subdivision asking when the roads in that subdivision would be dedicated to the Township. He told the residents that the roads had not yet been completed to the Township’s satisfaction, and therefore could not be accepted. He explained that escrow money was set aside in case the contractor did not meet his obligation. The residents wanted to know if there was any way to force the contractor to complete the work, and if not, how long the Township would wait to utilize the escrow.
Attorney Dimmich said if the rest of the development was completed and the homes were sold, the Township could contact the developer now to tell him the Township would be using the escrowed money to finish the roads.
Mr. Beil said he already called the developer and Keystone Consulting Engineers, Inc., to discuss dedication of the roads in the Saucon Valley Chase subdivision.
A motion was made by Mr. White and seconded by Mr. Wagner to adjourn the meeting.
The motion carried by a vote of 5 to 0.
Secretary
Disclaimers and Legal Information
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