Welcome to Upper Saucon Township

Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
February 28, 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 E. Harman, P.E., 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:

Robert Tettemer – 5918 Glen Road – Mr. Tettemer commended Township Solicitor Tom Dinkelacker, even though he was not present, for his conduct at a public hearing held the night before. He said Attorney Dinkelacker was professional, yet sensitive to the residents and their concerns and asked Attorney Dimmich to thank him for his efforts.

SUBDIVISIONS AND LAND DEVELOPMENTS
None

PRESENTATIONS
None

MINUTES
Regular Meeting of June 28, 2005
A motion was made by Mr. White and seconded by Mrs. White to approve the minutes of the June 25, 2005 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 3 in favor, 0 against, and 2 abstentions. Chairman Wagner, Mr. White, and Mrs. White voted in favor of the motion. Mr. Gutzmirtl and Mr. Horvath abstained since they were not members of the Board when the meeting took place.

Regular Meeting of July 26, 2005
A motion was made by Mrs. White and seconded by Mr. White to approve the minutes of the July 26, 2005 regular meeting of the Upper Saucon Township Board of Supervisors.

Regular Meeting of August 23, 2005
A motion was made by Mrs. White to approve the minutes of the August 23, 2005 regular meeting of the Upper Saucon Township Board of Supervisors.

Before seconding the motion, Mr. White asked Attorney Dimmich if Chairman Wagner would be able to vote in favor of the motion, since he was absent from the meeting it referenced.

Attorney Dimmich explained that Chairman Wagner’s vote would merely mean that he has reviewed the minutes and believes them to be in order.

COMMITTEE REPORTS
The Board reviewed the following Committee Reports:

Planning and Zoning Committee Meeting of January 9, 2006
Public Works Committee Meeting of February 23, 2006

After Mrs. White’s report summarizing the Public Works Committee Meeting, Chairman Wagner asked Mr. Beil how many applications he had received for the Equipment Operator position.

Mr. Beil estimated 30 applications were received.

Attorney Dimmich told the Board, just as a point of order, when a recommendation is made by a committee that is administrative in nature, like extending the hours of the Township’s Leaf and Waste Drop-Off Center, the changes go into effect unless a motion is made by the Board to the contrary.

A short discussion ensued regarding the procedures for trimming street trees in the Township right-of-way.

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

ORDINANCES
None

RESOLUTIONS
None

MOTIONS
Selection of a Planning Consultant
Chairman Wagner asked if anyone would like to make a motion regarding this issue.

Mrs. White made a motion to authorize RothPlan, LLC to update and revise the Township’s Zoning Ordinance. She went on to say that although she was in favor of the project, she would like to see the agreement reviewed more carefully before it was signed.

Mr. Horvath said he was also concerned about the provisions of the agreement and would only second the motion if further review of the agreement was possible.

At that point, Attorney Dimmich voiced his concerns regarding verbiage within the agreement.

Mr. Gutzmirtl said he found the explanation of fees to be confusing, as well as problems with termination clause.

Attorney Dimmich agreed. He suggested that he meet with Mr. Beil and Chairman Wagner to discuss the goals of the project. He would then draft a list of changes to be forwarded to RothPlan, LLC that reflected the desires of the Township.

The Board then engaged in a brief discussion regarding payment for services, progress tracking, and an acceptable termination clause.

At the conclusion of the discussion, Mrs. White withdrew her original motion, which did not receive a second.

Mr. White asked the agreement be reviewed by the Township Solicitor, the Chairman of the Board, and the Township Manager so that a final draft of the agreement could be brought back to the entire Board for approval.

Chairman Wagner requested the Administration and Finance Committee be involved instead of himself, to which the other Board members agreed.

Request for Payment – Joao and Bradley Construction Company
A motion was made by Mr. White and seconded by Mrs. White to authorize payment in the amount of $335,205.00 to Joao and Bradley Construction Company for work completed on the Chestnut Hill Road Water and Sewer Line Extension Project.

The motion was approved by unanimous vote.

Request for Payment – Michael F. Ronca and Sons, Inc.
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize payment in the amount of $67,284.00 to Michael F. Ronca and Sons, Inc., for work completed on the Applebutter Hill Water Storage Tank Project.

Mr. White asked Mr. Harman, Township Engineer, if he was satisfied with the company’s compliance to the Prevailing Wage Act, referring to comments made by Mr. Harman in an attached letter.

Mr. Harman responded prevailing wage is the responsibility of the company’s owner adding an explanation of the work that was being invoiced.

Chairman Wagner questioned whether or not union workers were used to perform the work.

Mr. Harman was unable to give the Chairman a definitive answer.

Attorney Dimmich outlined the provisions of the Prevailing Wage Act and its relation to union workers.

The motion carried by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
Letter from Robert and Grace Hoyer of 6215 Whitetail Drive
The Board reviewed a letter from Robert and Grace Hoyer of 6215 Whitetail Drive expressing opposition to the placement of a speed hump and watch children sign along the front of their property.

Mr. White asked the Township Solicitor if the residents had any means for legal action regarding the matter.

Attorney Dimmich said in his opinion, Mr. and Mrs. Hoyer had no legal recourse because the sign was placed in the Township’s right-of-way.

Letter from PSATS
The Board reviewed a letter from PSATS stating that Upper Saucon Township won second place in the Annual Citizen Communication Contest for its informational newsletter.

Mr. White congratulated Mr. Beil and Mr. Kassel for the award noting it was the second time the Township had won in the past four (4) years.

Chairman Wagner took the opportunity to urge the Township staff to begin working on another newsletter.

Mr. Gutzmirtl said the newsletter could serve as a means of communication for the Township in terms of spreading the word about new ideas and new directions.

Mr. Beil assured the Board a new newsletter would be forthcoming.

Letter from Phillip Spaeth of 5525 Chestnut Hill Road
The Board reviewed a letter from Phillip Spaeth of 5525 Chestnut Hill Road concerning the all-way stop sign at Chestnut Hill Road and Applebutter Hill Road.

Mr. Gutzmirtl wondered whether the residents who signed the petition lived at or near the intersection in question or not.

Mrs. White responded no. The majority, she said, were people who travel through the intersection on a regular basis.

Chairman Wagner replied a petition had been submitted in the past containing signatures from those living at or near the intersection that were in favor of the stop signs.

Letter from the Township Engineer
The Board reviewed a letter from the Township Engineer concerning the suitability of a speed hump on Whitetail Drive.

Mr. Gutzmirtl commented speed humps and other traffic calming measuring can be successfully incorporated into a community. But if not done properly, the number requested and approved can quickly get out of hand. He suggested before the Township begins authorizing installation, a study be conducted examining the pros and cons of speed humps and other similar measures.

Mrs. White mentioned the Township does not force speed humps on any part of the community. It was a resident of the development that requested the speed humps be installed on Whitetail Drive. Submitted along with the request was a petition signed by nearly every resident of that particular street.

Chairman Wagner felt something should be added to the ordinance to require the property owners adjacent to the proposed speed hump to acknowledge they approve of the location.

Mr. White agreed, saying everyone interested in petitioning for a speed hump should first take a drive over to Preston Lane at the entrance to the park where there is an example of what would be installed. After seeing the hump and the signs that go along with it and realizing it may be in their yard, some may change their minds about their request.

Mr. Harman offered the Board background on how the request for traffic calming measures came about and how the criteria were determined.

Ultimately, Attorney Dimmich said it is the Board’s responsibility to determine the appropriateness of these speed humps as they are requested.

Mr. Beil told the Board the Whitetail Drive request and the associated engineer’s report would soon be reviewed by the Public Works Committee.

Chairman Wagner reserved further discussion of the matter until such time that it come before the Board as official business.

Attorney Dimmich reminded the Board of the possibility that the matter may not gain approval from the committee, and therefore, may never come before the Board.

Letter from Robert Tettemer of 5918 Glen Road
The Board reviewed a letter from Robert Tettemer of 5918 Glen Road concerning unpaid review fees for the Tettemer Subdivision.