Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, February 12, 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:

Gretel Ruppert – 5201 Mountainside Lane – Mrs. Ruppert read for the Board the newly adopted mission statement of the Antique Barn Coalition (ABC) and provided them with an update on the organization’s conservation project.

Chairman Gutzmirtl brought attention to the new speaker’s podium erected by two Township employees on their own personal time and dedicated in honor of fallen Police Officer David M. Petzold.

PRESENTATIONS
Township Financial Statements & Audit – Mark Anderson of France, Anderson, Basile, and Company, PC
Mr. Anderson reviewed the 2005 audit with the Board and said there were no problems to report.

For the Board’s information, Mr. Horvath reviewed some of the topics discussed at a prior meeting between the Administration and Finance Committee and Mr. Anderson.

Chairman Gutzmirtl asked if the timeliness of the audit’s completion had been touched upon, and he was told yes, future audits would be subject to a schedule for completion.

SUBDIVISIONS AND LAND DEVELOPMENTS
None

MINUTES
Regular Meeting of March 13, 2006
A motion was made by Horvath and seconded by Mr. White to approve the minutes of the March 13, 2006 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 5 to 0.

Regular Meeting of March 28, 2006
A motion was made by Mr. White and seconded by Mrs. White to approve the minutes of the March 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. 2007-19 - Accepting Scholar Circle, Maple Hill Lane and Mallard Lane As Part Of The Township Road Network
A motion was made by Mr. Wagner and seconded by Mrs. White to adopt Resolution No. 2007-19 accepting the deeds of dedication for the rights-of-way of Scholar Circle, Maple Hill Lane and Mallard Lane located in the Valley View Subdivision.

The motion carried by a vote of 5 to 0.

Resolution No. 2007-20 - Accepting W. Saucon Avenue, E. Hopewell Road, Adriana Court and E. Valley Road As Part Of The Township Road Network
A motion was made by Mr. White and seconded by Mr. Wagner to adopt Resolution No. 2007-20 accepting the deeds of dedication for the rights-of-way of W. Saucon Avenue, E. Hopewell Road, Adriana Court and E. Valley Road located in the Saucon Valley Chase (a/k/a Center Valley Manor) Subdivision.

Chairman Gutzmirtl added in the event of snow in the next few days before the dedication paperwork has been finalized, the Township would assume the task of clearing the roads.

The motion carried by a vote of 5 to 0.

MOTIONS
Release of Funds - Sunrise Valley Subdivision - Phase 1 - Release No. 3
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize the release of construction security in the amount of $445,486.50 for Phase 1 of the Sunrise Valley Subdivision in accordance with Keystone Consulting Engineers' recommendation made by letter dated January 23, 2007.

Chairman Gutzmirtl asked if anyone other than US Homes worked on any Phase of the subdivision, to which Mr. Beil responded no.

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.

Release of Funds - Sunrise Valley Subdivision - Phase 2 - Release No. 4
A motion was made by Mr. Horvath and seconded by Mr. White to authorize the release of construction security in the amount of $287,945.50 for Phase 2 of the Sunrise Valley Subdivision in accordance with Keystone Consulting Engineers recommendation made by letter dated January 23, 2007.

In response to an inquiry by Mrs. White, Mr. Beil said there was $584,000 in construction security for Phase 1 and $220,000 for Phase 2.

The motion carried by a vote of 5 to 0.

Release of Funds - Blue Ridge West Estates - Phase 1 - Release No. 1
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize the release of construction security in the amount of $1,104,056.21 for Phase 1 of the Blue Ridge West Estates Subdivision in accordance with Keystone Consulting Engineers' recommendation made by letter dated January 23, 2007.

Mr. Beil reviewed one violation in connection with the subdivision, while Attorney Dimmich said the associated damages should be covered by the developer’s insurance.

Mr. Beil also told the Board that the detention pond was inspected by the Township Engineer’s office and found to be constructed as rendered in the approved plan.

A lengthy discussion took place among Board members, with comments and insights from Mr. Beil, Mr. Harman and Attorney Dimmich, that examined the violation and the construction of the detention pond, the water flow problems and whether or not they were caused by the developer, the cost of the damages that resulted from the buffer violation, and the options for resolving the issue.

Mr. Beil suggested contacting US Homes to schedule a meeting with the Township staff in order to determine the developer’s willingness to repair the damaged buffer.

The Board agreed by consensus to proceed with Mr. Beil’s suggestion.

Attorney Dimmich advised the Board to amend the motion currently on the floor to reflect a withholding of $100,000 from the total requested amount for the damage done to the buffer.

An amended motion was made by Mr. Wagner and seconded by Mr. White to authorize the release of construction security in the amount of $1,004,056.21 for Phase 1 of the Blue Ridge West Estates Subdivision, withholding $100,000 for the damage done to the buffer.

The motion carried by a vote of 5 to 0.

Exoneration of Delinquent Taxes - 4942 Route 309, Lot 420
A motion was made by Mr. White and seconded by Mr. Wagner to exonerate the Lehigh County Tax Claim Bureau from collecting delinquent Township real estate taxes totaling $21.25 (tax year 2004) owed by Randy S. Troutman for the mobile home formerly located on the property at 4942 Route 309, Lot 420 (PIN #641477777876 28).

The motion carried by a vote of 5 to 0.

Exoneration of Delinquent Taxes - 4942 Route 309, Lot 250
A motion was made by Mr. Horvath and seconded by Mr. Wagner to exonerate the Lehigh County Tax Claim Bureau from collecting delinquent Township real estate taxes totaling $116.43 (tax years 2003-2005) owed by Ted and Joanna Histand for the mobile home formerly located on the property at 4942 Route 309, Lot 250 (PIN #641477777876 30).

The motion carried by a vote of 5 to 0.

Request For Payment - Michael F. Ronca & Sons, Inc. - Certificate No. 9 (Final)
A motion was made by Mr. White and seconded by Mr. Horvath to authorize final payment in the amount of $114,476.99 to Michael F. Ronca & Sons, Inc., for work completed on the Applebutter Hill Water Storage Tank.

The motion carried by a vote of 5 to 0.

Request For Payment - N. Abbonizio Contractors, Inc. - Application No. 3
A motion was made by Mr. Wagner and seconded by Mrs. White to authorize payment in the amount of $10,778.72 to N. Abbonizio Contractors, Inc., for work completed on the South Branch Sewer Interceptor Relocation project.

The motion carried by a vote of 5 to 0.

Release of Funds - Saucon Way Subdivision - Certification No. 1
A motion was made by Mrs. White and seconded by Mr. Wagner to authorize the release of construction security in the amount of $77,766.97 for the Saucon Way Subdivision in accordance with the Township Engineer's recommendation made by letter dated January 24, 2007.

The motion carried by a vote of 5 to 0.

Release of Funds - Weber & Dale Tracts Subdivision (a/k/a The Reserve) - Certification No. 3
A motion was made by Mrs. White and seconded by Mr. White to authorize the release of construction security in the amount of $156,137.26 for the Weber & Dale Tracts Subdivision in accordance with the Township Engineer's recommendation made by letter dated January 26, 2007.

Mr. Wagner inquired about the remaining escrow amount, the Liberty Road improvements, and the road construction schedule.

Each of his questions was addressed by Mr. Harman.

The motion carried by a vote of 5 to 0.

Release of Funds - The Summit at Saucon Valley Subdivision (a/k/a Faith Ridge) - Release No. 5
A motion was made by Mr. Wagner and seconded by Mr. Horvath to authorize the release of construction security in the amount of $24,227.80 for The Summit At Saucon Valley Subdivision in accordance with Keystone Consulting Engineers recommendation made by letter dated January 26, 2007.

The motion carried by a vote of 5 to 0.

Release of Funds - Dun & Bradstreet Office Building Project - Certification No. 1
A motion was made by Mr. White and seconded by Mr. Wagner to authorize the release of construction security in the amount of $400,987.00 for the Dun & Bradstreet Office Building Project in accordance with the Township Engineer's recommendation made by letter dated February 5, 2007.

The motion carried by a vote of 5 to 0.

Selection of Pension Plan Advisor
A motion was made by Mr. Horvath and seconded by Mr. White to authorize Morrison Fiduciary Advisors, Inc., to perform certain professional consulting services related to the Township's municipal pension plans in accordance with Proposal #2 of Frank R. Burnette's letter dated August 31, 2006.

The motion carried by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

DIRECTION / DISCUSSION ITEMS
None

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #02122007 dated 02/09/2007……..$175,263.82
Warrant List #02122007 dated 02/09/2007……………..$339,597.82

A motion was made by Mr. Horvath and seconded by Mr. White to authorize payment of the Prepaid Invoice List and Warrant List #02122007 dated 02/09/2007.

The motion carried by a vote of 5 to 0.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
An executive session was held to discuss a personnel matter.

ADJOURNMENT
A motion was made to adjourn the meeting.

The motion carried by a vote of 5 to 0.

                                                                       
Secretary