Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, February 11, 2008 - 6:00 p.m.
Township Municipal Building

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

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 COMMENT
None

SUBDIVISIONS AND LAND DEVELOPMENTS
None

PUBLIC HEARINGS
Request by Judy Zabrecky for Access to Township Records
In accordance with the Township’s Open Records Policy and Section 3.5(a) of the Pennsylvania Open Records Law (Act 100 of 2002), the Board of Supervisors conducted a hearing to consider the request of Judy Zabrecky for access to certain records maintained by the Township. Ms. Zabrecky requested a copy of a complaint letter received by the Township alleging code violations on the Zabrecky property at 6948 Wards Lane. The Township Manager previously denied Ms. Zabrecky’s request for access to these records on grounds that the requested records are not “public records” as defined by the Open Records Law.

Attorney Dimmich handled the proceedings on behalf of the Township reading Exhibits T-1 through T-10 into the record.

Ms. Zabrecky represented herself in the matter asking that a letter she received from the Township Zoning Officer dated December 18, 2007 be accepted into the record. The letter was marked Exhibit T-11.  Ms. Zabrecky explained why she thought the complaint letter was a public record and should be released by the Township.

Mr. Beil presented the Township’s position and the reasons behind his previous denial of Ms. Zabrecky’s open records request.

Mrs. White was the only Board member that had questions, which were answered promptly by Attorney Dimmich.

There were no members of the public that commented during the hearing.

A motion was made by Mr. Horvath and seconded by Mr. Wagner to deny the request of Judy Zabrecky for access to certain records maintained by the Township.

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.

MINUTES
Regular Meeting of November 12, 2007
A motion was made by Mr. Horvath and seconded by Mrs. White to approve the minutes of the November 12, 2007 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 4 to 0 with 1 abstention by Mr. Gilda, who was not a member of the Board when the meeting took place.

Special Meeting of December 1, 2007
A motion was made by Mr. Horvath and seconded by Mrs. White to approve the minutes of the December 1, 2007 special meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 4 to 0 with 1 abstention by Mr. Gilda, who was not a member of the Board when the meeting took place.

COMMITTEE REPORTS
The Board reviewed the following Committee Report:

• Administration and Finance Committee Meeting of February 4, 2008

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

ORDINANCES
None

RESOLUTIONS
None

MOTIONS
Release of Funds – Blue Ridge West Estates – Phase 1 – Release No. 2
A motion was made by Mr. Horvath and seconded by Mr. Wagner to authorize the release of construction security in the amount of $79,143.06 for Phase 1 of the Blue Ridge West Estates Subdivision in accordance with Keystone Consulting Engineers’ recommendation made by a letter dated January 24, 2008.

Mr. Wagner initiated a conversation about an issue concerning drainage from a retention pond in Blue Ridge West Estates that was negatively affecting the neighboring properties. He felt the approved plans should be examined to be sure the retention pond was compliant. Any compliance issue should then be addressed, he said, by withholding funds to address the violations.

Mr. Beil explained that US Homes, who developed the property, was not in violation with regards to the construction of the retention pond. However, they were in violation for removing trees in the buffer zone surrounding the retention pond. Since being informed of the violation, US Homes agreed to work with the Township and the neighbors to resolve the matter, but the Township still had the option to bring an enforcement action against US Homes. In addition, Mr. Beil said money was withheld from the last release of funds request to ensure the tree violation would be addressed.

The motion carried by a vote of 5 to 0.

Reappointment of Zoning Hearing Board Alternate
A motion was made by Mrs. White and seconded by Mr. Horvath to reappoint Robert Alpert as an Alternate Member of the Upper Saucon Township Zoning Hearing Board for a three year term expiring on December 31, 2010.

Chairman Gutzmirtl asked how many times Mr. Alpert had the opportunity to participate in the Zoning Hearing Board meetings during his first three year term.

Mr. Beil responded Mr. Alpert participated in zoning meetings only a few times.

Attorney Dimmich said an alternate member was only used if there was no quorum and the parties involved agreed to have their appeal heard by two Zoning Hearing Board members instead of three.

The motion carried by a vote of 5 to 0.

Appointment to Park & Recreation Commission
A motion was made by Mr. Gilda and seconded by Mrs. White to appoint Lee Kandt to the Upper Saucon Township Park & Recreation Commission for a five year term expiring on December 31, 2012.

Chairman Gutzmirtl commented he and Mr. Horvath had the opportunity to interview Mr. Kandt, and they were very impressed with him.

The motion carried by a vote of 5 to 0.

Release of Funds – Weber & Dale Tracts Subdivision (a/k/a Whispering Pines) – 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 $97,493.88 for the Dale & Weber Tract Subdivision in accordance with the Township Engineer’s recommendation made by a letter dated January 9, 2008.

The motion carried by a vote of 5 to 0.

Release of Funds – Locust Valley Estates Subdivision (Phase II – Sections 2 & 3) – Certification No. 2
A motion was made by Mr. Horvath and seconded by Mr. Wagner to authorize the release of construction security in the amount of $197,384.43 for Phase II, Sections 2 & 3 of the Locust Valley Estates Subdivision in accordance with the Township Engineer’s recommendation made by a letter dated January 29, 2008.

The motion carried by a vote of 5 to 0.

Animal Control Agreement with Lehigh County Humane Society
A motion was made by Mr. Horvath and seconded by Mrs. White to approve an agreement with Lehigh County Humane Society for animal control services for the year 2008 and to authorize the Township Manager to execute said agreement on behalf of the Township.

Mr. Wagner asked Mr. Beil for more information on the agreement before the vote was taken.

Mr. Beil said the agreement would allow the Township to utilize the Humane Society’s facilities and services in the case of a stray or lost pet. He said on average, the Township only needed such services between 20 and 40 times annually, but for a fee of $3,000.00, it was a bargain. Otherwise, he told the Board, the Township would have to build and operate its own kennel facilities to house lost or stray animals.

The motion carried by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
Memorandum from Robert Kassel, Jr., Assistant Township Manager
Mr. Kassel briefly reviewed his memorandum to Supervisors regarding the 2008 Revised Minimum Municipal Obligation for Township Pension Plans and Firefighter Length of Service Awards Program.

No action was required by the Board.

Letter from Robert Bower, President of Stabler Land Company
Mr. Beil reviewed a letter from Robert Bower, President of Stabler Land Company, requesting reimbursement for costs incurred by Stabler Land Company during construction of water distribution lines in Corporate Parkway pursuant to a 1988 agreement with the Township.

Mr. Horvath asked when the tapping fees occurred and why the Township was being billed in a lump sum.

Mr. Beil replied the fees occurred at different times under different rates, and he had requested justification for the figures submitted.

Chairman Gutzmirtl wanted to know why the tapping fees were not returned to Stabler in intervals. He also asked if the request had been reviewed by the Township Solicitor.

Mr. Beil explained the fees were not reimbursed to Stabler in intervals because the Township did not receive invoices from Stabler. The request currently before the Board, Mr. Beil said, was reviewed by Attorney Dinkelacker, who believed the Township was obligated to pay under the agreement. The request was also reviewed by Mr. Harman, the Township Engineer.

Chairman Gutzmirtl asked how Mr. Harman determined the figures submitted by Stabler were justifiable and consistent.

Mr. Harman briefly summarized his method for evaluating Stabler’s figures.

Mr. Beil said two payments were made in 2001.

Mr. Wagner was not convinced the figures submitted were based on actual costs, but instead on a means estimate.

Chairman Gutzmirtl was curious why Stabler could not provide the Township with the actual cost, to which Mr. Beil replied it was because they did not have the actual cost.

Mr. Beil suggested the matter be referred to Committee for review. He said Stabler would be invited to discuss the figures with the Committee.

Mrs. White said there was no question the Township received tapping fees for lines it did not install.

Attorney Dimmich agreed, but said the question was not whether or not the Township owed Stabler, but how much was owed.

The consensus of the Board was to refer the request to the Planning and Zoning Committee for further review.

DIRECTION / DISCUSSION ITEMS
Request for Reimbursement from James H. White, Sr.
Chairman Gutzmirtl said the request from James H. White, Sr. for reimbursement for expenses incurred while attending training seminars as a member of the Board of Supervisors in the years 2001, 2002, 2003, and 2004 was reviewed by the Administration and Finance Committee. The Committee, Chairman Gutzmirtl said, recommended denial of the request.

By consensus, the Board decided to concur with the Committee’s recommendation and deny the request from James H. White, Sr., for reimbursement for expenses incurred while attending training seminars as a member of the Board of Supervisors in the years 2001, 2002, 2003, and 2004.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #021108 dated 02/08/2008……..$195,031.87
Warrant List #02112008 dated 02/08/2008…………..$869,823.53

A motion was made by Mr. Horvath and seconded by Mr. Gilda to authorize payment of the Prepaid Invoice List and Warrant List #02112008 dated 02/08/2008 with the exception of the reimbursement to Stabler Land Company in the amount of $474,650.00 (as referenced on page 20 of the Warrant List).

The motion carried by a vote of 5 to 0.

ADDITIONAL BUSINESS
Mr. Harman updated the Board on the paving situation unfolding in the Liberty Village Subdivision.

COURTESY OF THE FLOOR
Judy Zabrecky – 6948 Wards Lane - Ms. Zabrecky mentioned a letter she had sent to Mr. Beil, Chairman Gutzmirtl, and Attorney Dimmich, requesting a meeting for a resolution to a problem involving on-lot seepage pits in her subdivision. Instead of retention or detention ponds, on-lot seepage pits were installed that need much more maintenance and monitoring, which had not been done. When the pits were approved, provisions required runoff from building to be directed into the seepage pits. New residents to the subdivision, Ms. Zabrecky said, had not been informed of the provisions and restrictions. Furthermore, inspections that were supposed to be done by the Township every six months had not been and were not being performed, despite the fact that the inspections were paid for by the developer.

Another concern Ms. Zabrecky had was the deforestation of the area near her home. She sent a letter to the Township in an attempt to find out what could be done.

Mr. Beil said the Township had received her letters of concern and forwarded them to the Township’s Zoning Officer for investigation. He was currently reviewing the plan and records to find out what requirements relating to the seepage pits were approved. Once that process was complete, a meeting would be set up with all interested parties to discuss the findings.

Ms. Zabrecky offered Mr. Beil some of the original documents she had kept for her records.

Mr. Beil accepted the documents noting they would be helpful to the investigation.

EXECUTIVE SESSION
None

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

The motion carried by a vote of 5 to 0 at 7:59 p.m.

                                                                       
Secretary