Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
January 24, 2006 - 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
Dennis Harman, Township Engineer

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

PUBLIC HEARINGS
None

PUBLIC COMMENT
Public Comment is summarized as follows:

Richard Trinkle – 4286 Kozy Korner Road – Mr. Trinkle said PPL approached him about relocating a utility pole on his property.  Apparently, the utility pole, as it is currently situated, limits the line of sight for drivers looking west on Limeport Pike at the intersection with Kozy Korner Road.  Mr. Trinkle said he is cooperating with PPL and the Township to have the pole relocated to another area of his property so it does not obstruct sight distance.  He questioned why people from the Township were looking at his property last week.

Mr. Beil indicated the Township would continue to work with Mr. Trinkle and PPL to have the utility pole relocated to a more suitable location.

Mr. Beil further explained the presence of people on Mr. Trinkle’s property the week before saying they were checking on a complaint filed with the Township by PennDOT claiming a sight distance problem at the intersection of Limeport Pike and Kozy Korner Road. The problem may or may not include Mr. Trinkle’s fence.

Mr. Trinkle asked the Board if Limeport Pike, approaching Kozy Korner Road, is constructed in compliance with PennDOT standards.

Chairman Wagner referred the question to the Township Engineer. Mr. Harman agreed to look into it.

Mr. Trinkle expressed frustration saying he gave PPL permission to move the pole 14 months ago.  Mr. Beil said he spoke to PPL and they insist Mr. Trinkle has not signed the necessary paperwork that would give PPL permission to relocate the pole to a new spot on the Trinkle property.

Mr. Trinkle then asked the Township to work with him to prevent the relocation or removal of his fence in the event a sight distance problem was found to exist on his property.

Mr. Beil agreed to keep Mr. Trinkle informed as the situation progressed.

Tom Laudenslager – 1449 Flint Hill Road – Mr. Laudenslager spoke in support of the originally approved library funding for the 2006 budget year.

Mary Jane Risch – 3236 Lanark Road – Mrs. Risch voiced her support for maintaining the approved library funding for the 2006 budget year.

Attorney Dimmich suggested all remaining comments on the Budget be held until the item was brought up for discussion by the Board under the “Motions” section of the agenda.

Chairman Wagner asked for any public comment concerning any other issues.

Randy Block – Putt U Miniature Golf – Mr. Block asked the Township if there was a minimum earnings exclusion for the recently established emergency services tax, since many of his employees are seasonal part-time and high school or college students.
                     
Mr. Beil explained that any individual who earns less than $7,500.00 per year is entitled to a refund of the Emergency Municipal Services Tax. 

Mr. Block said the tax is an unfair burden to the young people who work for him and others like them.

Attorney Dimmich understood Mr. Block’s point, but said the tax was devised in such a way to provide consistency and convenience to those who collect it.

Bob Tettemer – Glen Road – Mr. Tettemer announced his candidacy for supervisor for the 2008 election year.

SUBDIVISIONS AND LAND DEVELOPMENTS
None

PRESENTATIONS
None

MINUTES
All minutes were removed from the agenda.

COMMITTEE REPORTS
The Board reviewed the following Committee Reports:

• Finance and Administration Committee Meeting of January 5, 2006

During the review of this Committee report, Mr. Horvath explained the Committee’s request for financial information from the Library and his opinion on the Library’s situation. Mr. Horvath felt that while use of the Library has increased since the new facility’s opening, an increase in contributions from the other entities supporting the Library—the School District, Coopersburg Borough, and Lower Milford Township—has not increased proportionally. He urged the Library to look into additional contributions in the future from these other entities.

Mr. Gutzmirtl agreed, adding they should also attempt to increase resident donation figures and utilize volunteer services more effectively to help reduce operational costs. He also suggested the Library’s Board of Directors use their member who occupies a seat on the School Board as a liaison to negotiate additional contributions from the School District.

Following these comments, Mr. Horvath read the Committee’s recommendation to maintain the funding originally agreed upon for the Library in the 2006 Budget.

Following the recommendation, a discussion ensued between Mrs. Mary Jane Risch and Mr. Gutzmirtl regarding different methods for approaching and talking with the other entities.

• Public Works Committee Meeting of January 13, 2006

Copies of the Committee Reports were made available to the public.

ORDINANCES
None

RESOLUTIONS
None

MOTIONS
Release of Funds – Village of Valley Green, Phase 1
A motion was made by Mr. Gutzmirtl and seconded by Mr. White to authorize the release of construction security in the amount of $25,435.40 for Phase 1 of the Village of Valley Green Subdivision in accordance with Keystone Consulting Engineer’s recommendation made by a letter dated January 9, 2006.

The motion carried 5 to 0.

Release of Funds – Village of Valley Green, Phase 2
A motion was made by Mr. White and seconded by Mr. Gutzmirtl to authorize the release of construction security in the amount of $24,495.80 for Phase 2 of the Village of Valley Green Subdivision in accordance with Keystone Consulting Engineer’s recommendation made by a letter dated January 9, 2006.

The motion carried 5 to 0.

Release of Funds – College Heights Subdivision
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize the release of construction security in the amount of $44,241.12 for the College Heights Subdivision in accordance with Keystone Consulting Engineer’s recommendation made by a letter dated January 13, 2006.

The motion carried 5 to 0.

Release of Funds – Curly Horse Subdivision
A motion was made by Mr. Gutzmirtl and seconded by Mrs. White to authorize the release of construction security in the amount of $87,007.90 for the Curly Horse Subdivision in accordance with the Township Sewer Engineer’s recommendation made by a letter dated January 17, 2006.

Mr. White questioned the use of “appears to be acceptable” by Schreiter Engineering Associates, Inc., when referring to the condition of a section of piping with one minor sag. Because of this statement, Mr. White said he was against releasing the funds.

The motion carried by a vote of 3 in favor and 2 against.  Mr. Gutzmirtl, Mr. Horvath, and Mrs. White voted in favor of the motion.  Chairman Wagner and Mr. White voted against the motion.

Authorization to Advertise the Amended Budget
A motion was made by Mr. Gutzmirtl and seconded Mr. Horvath to authorize the advertisement of the 2006 Amended Budget for possible adoption at the Board of Supervisors meeting on February 13, 2006 at 6:00 p.m.

Mr. Kassel detailed the amendments to the Budget in the areas of road projects, land acquisition, and pension contributions.

Attorney Dimmich noted there was no change to the Library funding.

Chairman Wagner opened the floor to the public for comments regarding the Budget.

Mary Jane Risch – 3236 Lanark Road – Thanked the Board for maintaining the current level of funding for the Library.  She said the Library is committed to using the money wisely.

Kathy Parsons – 5864 Blue Grass Trail – Thanked the Board for supporting the Library.

George Bloeser – 6500 Limeport Pike – Mr. Bloeser praised the Board for not reducing the amount of funding allocated to the Library, but questioned the removal of the Taylor Drive reconstruction project.  He asked if the reduction from a total reconstruction, which an engineering study said was required, to maintenance work totaling only $15,000 would render the road unusable.

Attorney Dimmich also questioned the decision, saying he was curious how the original engineering study could have suggested a full reconstruction, but a second look could suggest only $15,000 in maintenance.

Mr. Harman, Township Engineer, responded. He and Road Superintendent, Donald Eck, were asked by the Board to inspect the road to see if there were any measures that could be taken to delay the reconstruction until the following year. He and Mr. Eck sent a letter to the Board saying the delay was possible, but only if the $15,000 maintenance was completed, and with the understanding that holding off on the project would cause the cost to increase due to construction inflation and the further deterioration of the road’s structure.

Mr. Bloeser thanked Mr. Harman for the explanation saying he hoped to see the reconstruction project figured into the budget next year. He asked what land acquisitions the Board had in mind for the $640,000 freed up by the delay of the Taylor Road reconstruction.

Mr. Gutzmirtl replied that the matter was still in the study phase and no specific tracts had been identified.

Mr. Bloeser then asked about the rumor that two significant positions, the Wetlands Consultant and the Fire Chief, would be eliminated if the Budget was passed. He believed both were important and should remain part of the Township’s employee structure.

Chairman Wagner said those rumors were truly just rumors. He clearly stated, neither of those positions would be eliminated by the Township, and that no discussion of such ever took place.

Stan Saeger – 5910 Chestnut Hill Road – Mr. Saeger thanked the Finance and Administration Committee for their recommendation regarding the Library funding. He commented on the use of volunteers at the Library and how hard it can be to get volunteers. He asked if other entities funded by the Township employ volunteers and if they have been asked to look into using more instead of hiring paid employees to reduce cost. He added that some positions cannot be properly served by volunteers, and need paid professionals.

Lynnette Saeger – 5910 Chestnut Hill Road – Director of the Southern Lehigh Public Library – Mrs. Saeger echoed her husband’s thanks for maintaining the Library funding. She promised the Library would use the money wisely.

Nancy Adams- 4487 Glasgow Street – Mrs. Adams also thanked the Committee for their recommendation. She said without the funds, not only would the Library’s services suffer, but the amount of funds the facility would receive from the State would be reduced as well.

Chairman Wagner asked for any additional public comments concerning the Budget. Hearing none, he opened the floor for discussion by the Board concerning the motion and second, to approve advertisement of the 2006 Amended Budget.

Mr. White expressed his displeasure with the decision to delay road projects such as the Taylor Drive reconstruction, noting it was not the first time this particular project had been delayed. Such delays, he continued, have increased costs significantly. He did, however, applaud the Finance and Administration Committee for their efforts to preserve open space in the Township.

Mrs. White reiterated Mr. White’s comments.

Chairman Wagner re-stated the motion to authorize advertisement of the Amended 2006 Township Budget and called for the vote. The motion passed by a vote of 5 to 0.

Assignment, Assumption, and Consent Agreement – Tumblebrook Golf Course Lease
Attorney Dimmich recommended the Board not approve the agreement at that time. He explained that assignment meant transferring the rights under the contract from one original party to a third party, while still holding the original party responsible in case of default. He was concerned because this agreement assigned the contract to a third party leaving the original party under no obligation if the third party were to default. The third party in this case, Tumblebrook Golf Club, LLC, he feared could not hold fiscal responsibility. Attorney Dimmich recommended either the agreement be sent to Committee to determine the LLC’s qualifications, or the original entity named in the agreement remain as the fiscally responsible party if the LLC were to default.

Mark Reed, owner of Tumblebrook Golf Club, LLC, was present to answer questions from Attorney Dimmich and the Board.

Mr. White said he would like to see the matter resolved as quickly as possible in the interest of all parties involved. Therefore, as Recreation and Culture Committee Chairman, he said he would be available to meet at any time if the matter was referred to his Committee.

A motion was made by Mr. White and seconded by Mr. Horvath to refer this matter to the Recreation and Culture Committee.  The Committee will evaluate the situation and come back to the full Board with a recommendation on how to proceed.

Mr. Reed assured the Board of his availability, if needed, to participate in the process.

The vote was taken by roll call, and the motion carried 5 to 0.

Accept the Resignation of Pamela Casey
A motion was made by Mr. White and seconded by Mr. Gutzmirtl to accept with regret the resignation of Pamela Casey from the Zoning Hearing Board effective immediately.

The motion carried unanimously.

Appointments to Boards and Commissions
A motion was made by Mr. Gutzmirtl and seconded by Mr. Horvath to adopt Resolution No. 2006-14 appointing James T. Rouland to the Upper Saucon Township Zoning Hearing Board for an unexpired term ending December 31, 2006.

Mr. White noted that Mr. Rouland was recently appointed as a Township Auditor. Under the Second Class Township Code, he cannot serve in both capacities.

Mr. Beil said Mr. Rouland intended to resign from the Township Board of Auditors if appointed to the Zoning Hearing Board.

Attorney Dimmich told the Board, by law, Mr. Rouland cannot be appointed to the Zoning Hearing Board until his resignation from the Board of Auditors has been submitted and accepted by the Board of Supervisors. Only if there were an immediate urgency to fill the position on the Zoning Hearing Board, Attorney Dimmich said, would he advise the Board to go against the legally established procedure.

Chairman Wagner said he believed the procedure set forth by law should be followed and would vote accordingly.

Attorney Dimmich told the Chairman it would be better to withdraw the motion and the second than vote the motion down.

Motion was made by Mrs. White and seconded by Mr. White to table action on Resolution No. 2006-14.

The motion to table action on Resolution No. 2006-14 carried by a vote of 5 to 0.

A motion was made by Mr. Gutzmirtl and seconded by Mr. Horvath to appoint George Thomas to the Township Planning Commission for a four (4) year term expiring December 31, 2009.

Mrs. White and Mr. White both expressed displeasure in the fact that Eric Publicover was not chosen to serve on the Planning Commission.

The motion carried by a vote of 4 to1.  Chairman Wagner, Mr. Gutzmirtl, Mr. White, and Mr. Horvath voted in favor of the motion.   Mrs. White voted against the motion.

A motion was made by Mr. Gutzmirtl and seconded by Mr. Horvath to appoint John Gilda, Jr., to the Township Planning Commission for a four (4) year term expiring December 31, 2009.

A motion was made by Mr. White and seconded by Mrs. White to amend the original motion striking the name John Gilda, Jr., and inserting Eric Publicover as the person appointed to the Township Planning Commission for a four (4) year term expiring December 31, 2009.

Mrs. White spoke to Mr. Publicover’s experience and qualifications, adding she felt the appointment of Mr. Thomas and the nomination of Mr. Gilda were politically motivated.

Mr. Horvath voiced his opinion saying that Messrs. Gilda and Thomas were chosen because their viewpoints reflect the tenor of a large portion of the community, and they each have the qualifications and capabilities needed for the positions.

First, the amended motion was voted on by roll call.

The amended motion was defeated by a vote of 2 in favor and 3 against.  Mr. White and Mrs. White voted in favor of the motion.  Chairman Wagner, Mr. Gutzmirtl, and Mr. Horvath voted against the motion.
  
Next, the original motion to appoint John Gilda, Jr., to the Planning Commission was voted on by roll call. 

The original motion was approved by a vote of 4 in favor and 1 against. Chairman Wagner, Mr. Gutzmirtl, Mr. White, and Mr. Horvath voted in favor of the motion.  Mrs. White voted against the motion.

CORRESPONDENCE AND INFORMATIONAL ITEMS
Memo from Township Staff
Mr. Kassel reviewed a memo from the Township Staff regarding the 2006 Revised Minimum Municipal Obligation for pension plans. Changes to the Minimum Municipal Obligation, he explained, were made to account for the change in employee contributions. The Minimum Municipal Obligation for 2006 was provided as follows: $130,381 for the Police Pension Plan and $226,227 for the Non-Uniform Employee Pension Plan. No action was required by the Board.

Request from Bucks County Search and Rescue
Mr. Beil reviewed a request from the Bucks County Search and Rescue asking to use Township-owned property at 7486 Passer Road to train search dogs.

Attorney Dimmich advised the Board to have insurance and indemnity protection before approving the use of the property.

Mrs. White said she saw nothing wrong with allowing the organization the use of the land, as long as the Township was not held liable for anything.

Mr. Gutzmirtl said, although it would be a worthwhile program to support, there were many questions that must be answered.

Attorney Dimmich assured the Board the liability agreement would address any third party injuries by holding the organization responsible, not the Township.

Mr. Horvath also mentioned the Township’s intentions to open that property to recreational use. With that in mind, they would need to know very specifically what the organization will be doing on what days, at what times, and how much area they will be using.

Mr. White agreed with Mr. Gutzmirtl’s and Mr. Horvath’s comments adding the Township must take an in-depth look at this request before it’s approved.

The consensus of the Board was to send the request to the Recreation and Culture Committee for further investigation. The Committee was directed to make a recommendation to the full Board for final action.

DIRECTION / DISCUSSION ITEMS
None

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoices List #01242006 dated 01/20/2006……….$78,971.71
Warrant List #01242006 dated 01/20/2006………………...$552, 912.67

Mr. White questioned a payment to Regional Planning Technologies for $1,770, requesting a copy of the invoice from Mr. Kassel.

Mr. Gutzmirtl questioned two payments to AG Edwards for $706.67 and $1,220.05 and two $69.95 payments to Service Electric Cable. He also asked whether Sterner’s Printing was responsible for all the Township’s publishing.

Mr. Kassel said AG Edwards was the money taken out of employees’ pay for their pension contributions, and Service Electric Cable was for internet service. As for Sterner’s, he told Mr. Gutzmirtl, they are the company that handles the majority of the Township’s publishing needs.

A motion was made by Mr. White and seconded by Mr. Gutzmirtl to approve the Prepaid Invoices and Warrant List #01102006 date 01/06/2006.

The motion passed unanimously.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
George Bloeser - 6500 Limeport Pike – Mr. Bloeser asked the Township to consider changing and/or extending the days and hours of the Leaf and Yard Waste Drop-Off Center for the upcoming spring season.

Secondly, Mr. Bloeser asked Supervisors to change the day of their first meeting of the month because it conflicts with the Southern Lehigh School Board meetings. He also requested they change the time of their meetings to 7:00 p.m., instead of 6:00 p.m.

Finally, he asked that when approving the Prepaid Invoices and Warrant List, Board members state the monetary value of each.

Chairman Wagner directed Mr. Beil to begin printing the monetary values for the Prepaid Invoices and Warrant List on the agenda available to the public. He added copies of both documents were available upon request to members of the public.

Judy Bloeser - 6500 Limeport Pike – Mrs. Bloeser spoke in support of her husband’s comments on changing and/or extending the days and hours of the Leaf and Yard Waste Drop-Off Center.

EXECUTIVE SESSION
The Board met in executive session to discuss personnel matters.

ADJOURNMENT
A motion was made and seconded to adjourn the meeting.

Motion carried by a vote of 5 to 0.

______________________________
Secretary