Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, March 2, 2009 - 6:00 p.m.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
John E. Gilda, Jr.
Joyce V. White

Participating Via Speakerphone:
Stephen Wagner, Vice Chairman
Joseph M. Horvath
                       
Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Thomas Dinkelacker, Township Solicitor
 Dennis E. 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

CHAIRMAN’S REMARKS
Chairman Gutzmirtl mentioned the opening of a small pizzeria on Lanark Road next to Madle’s Hardware Store called “La Borgata Pizzeria” owned by long time residents Vito and Sara Ciaravino.  He said it is nice to see the addition of new small businesses in the Township rather than just franchises. He wished the Ciaravino’s well in their new endeavor.

PRESENTATIONS
Legislative Update - State Representative Karen Beyer
State Representative Karen Beyer had to cancel her appearance before the Board.

Refinancing of Township Debt – Chris Gibbons of Concord Financial
Chris Gibbons of Concord Financial appeared before the Board to discuss the potential refinancing of the General Obligation Bonds, Series of 2003 and General Obligation Note, Series A of 2004. He explained the process was not anymore complicated than refinancing a mortgage and provided the Board with a handout showing the potential refinance rates, the estimated costs for refinancing, and the possible savings to the Township resulting from the refinancing.  Mr. Gibbons said the next step was to establish a savings threshold for the refinancing. When that savings threshold was reached through refinancing, he would return with a proposal for approval by the Board.

The consensus of the Board was to move forward with the refinancing of the General Obligation Bonds, Series of 2003 and General Obligation Note, Series A of 2004, provided that the consultant secure a savings of at least $103,000 to the Township through the refinancing.

The Board discussed refinancing the General Obligation Bonds, Series of 2001.  The proceeds from the 2001 Bonds were used to purchase the Haring property in 2002.  The Board discussed the possibility of leasing the Haring property to a farmer, in which case the 2001 Bonds would have to be refinanced as a taxable issue.  Mr. Gibbons said tax exempt bond issues usually have a much lower interest rate than taxable bond issues.

Mr. Wagner asked Mr. Gibbons to supply a comparison of the net profit from leasing the former Haring property to a farmer versus net savings from refinancing the 2001 Bonds.

It was the consensus of the Board to refer the refinancing of the 2001 Bonds to the Administration and Finance Committee.  The Committee will decide whether or not to move forward with the refinancing of the 2001 Bonds after comparing the net profits from leasing the former Haring property to the net savings from the refinancing.

Mr. Gibbons agreed to provide the Administration and Finance Committee with the information they need to make a decision on the refinancing of the 2001 Bonds.

PUBLIC HEARINGS - None

SUBDIVISIONS AND LAND DEVELOPMENTS
Fronheiser Subdivision – Resolution No. 2009-20
A motion was made by Mr. Horvath and seconded by Mr. Wagner to adopt Resolution No. 2009-20 conditionally approving the Preliminary and Final Land Development Plans of Pioneer Building and Acquisitions, LLC for a 3-lot residential subdivision on 2.5 ± acres located at 5561 Route 378.

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
Reorganization Meeting of January 5, 2009
A motion was made by Mr. Gilda and seconded by Mr. Horvath to approve the minutes of the January 5, 2009 reorganization meeting of the Upper Saucon Township Board of Supervisors.

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: Abstained

The motion carried by a vote of 4 to 0, with 1 abstention by Mrs. White who did not attend the meeting.

Regular Meeting of January 19, 2009
A motion was made by Mr. Gilda and seconded by Mrs. White to approve the minutes of the January 19, 2009 regular meeting of the Upper Saucon Township Board of Supervisors.

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.

COMMITTEE REPORTS
None

ORDINANCES
Ordinance No. 62-J – Amendment to the Non-Uniformed Employees’ Pension Plan
A motion was made by Mr. Horvath and seconded by Mr. Gilda to adopt Ordinance No. 62-J amending the Upper Saucon Township Non-Uniformed Employees’ Pension Plan in order to comply with the Pension Funding Equity Act of 2004, Pension Protection Act of 2006, and the final regulations issued under Section 415 of the Internal Revenue Code.

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.

RESOLUTIONS
Resolution No. 2009-13 – Amendment to Police Pension Plan
A motion was made by Mr. Horvath and seconded by Mr. Gilda to adopt Resolution No. 2009-13 amending the Upper Saucon Township Police Pension Plan in order to comply with the Pension Funding Equity Act of 2004, Pension Protection Act of 2006, and the final regulations issued under Section 415 of the Internal Revenue Code.

Mr. Gilda asked why the Non-Uniformed Employees’ Pension Plan was amended by ordinance, but the Police Pension Plan was amended by resolution.

Mr. Beil said the Police Pension Plan was established through resolution, while the Non-Uniform was established by ordinance. Therefore any changes must be made by whichever type corresponds with the original. Mr. Beil admitted he did not know why one was a resolution and the other an ordinance, but said he would look into whether or not one or the other should be changed.

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.

Resolution No. 2009-21 – Authorization of Grant Application – Passer Road Water Line Extension and Interconnection with New Water Supply
A motion was made by Mr. Wagner and seconded by Mr. Gilda to adopt Resolution No. 2009-21 authorizing the Township Staff to apply for a grant in the amount of $2,387,998.00 from the Commonwealth Financing Authority to be used for design, inspection, and construction of a waterline extension along Passer Road and Main Street and interconnection with a new water supply source on the former Haring Property at 7486 Passer Road.

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.

Resolution No. 2009-22 - Authorization of Grant Application – Stabler Water System Improvements
A motion was made by Mr. Horvath and seconded by Mr. Wagner to adopt Resolution No. 2009-22 authorizing the Township Staff to apply for a grant in the amount of $517,810.00 from the Commonwealth Financing Authority to be used for design, inspection, and construction of water system improvements at the Stabler Corporate Center.

Mrs. White asked if the water system improvements had any connection to the conference center that was planned for the Stabler Center.

Mr. Beil replied, yes, they were the water lines that the conference center was supposed to construct, but since the project is on hold, the Township is moving forward.

Mr. Wagner wanted to know if the improvements were the same as what was proposed by conference center project, to which Mr. Harman replied, yes.

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.

Resolution No. 2009-23 – Blue Ridge Estates Subdivision – Dedication of Storm Water Detention Basins
A motion was made by Mr. Gilda and seconded by Mr. Horvath to adopt Resolution No. 2009-23 accepting the dedication of four detention basins located in the Blue Ridge Estates Subdivision and acknowledging that the detention basins will hereafter 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.

Resolution No. 2009-24 – Blue Ridge Estates Subdivision – Accepting Stratford Drive, Westbury Drive, and Daisy Lane as Part of the Township Road Network
A motion was made by Mr. Wagner and seconded by Mr. Horvath to adopt Resolution No. 2009-24 accepting the deeds of dedication for the right-of-ways of Stratford Drive, Westbury Drive, and Daisy Lane situated within Phase IV of the Blue Ridge Estates Subdivision.

Chairman Gutzmirtl said he recently learned that this matter has been sitting around for many years and that the Township has been plowing these roads despite the fact that the roads were never dedicated to the Township.  He said it was an administrative oversight by the previous administration and now is something that the current administration must take care of many years later.

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.

MOTIONS
Award Bid for Community Park Entrance Lighting
The Board reviewed the bids received for the various options for lighting and signage at the entrances to the Township Park. The Board considered the following:

• Lights along the entrance to the Library, which branches off from the Entrance to the south side of the park
• Lights and/or a sign at the south entrance to the park
• Lights and/or a sign at the north entrance to the park.

There was a lengthy discussion that involved all members of the Board, Mr. Beil, and Mr. Harman regarding the cost for all of the options and the combinations of various options.

A motion was made by Chairman Gutzmirtl and seconded by Mr. Wagner to award the bid to Remco, Inc., in the amount of $44,625 for Alternative IV, Bid Nos. 2, 4, 5, and 6, as set forth in the Township Engineer’s letter dated February 18, 2009.
 
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.

Work Boot Allowance for Eligible Employees in the Public Works and Community Development Departments
A motion was made by Mrs. White and seconded by Mr. Horvath to establish the maximum work boot reimbursement allowance for eligible employees at $100.00 per year.

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.

Environmental Advisory Council – Resignation of Current Member and Appointment of New Member

Resignation of Patrick Leonard
A motion was made by Mr. Gilda and seconded by Mr. Horvath to accept the resignation of Patrick Leonard from the Environmental Advisory Council effective immediately.

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.

Appointment of Joaquim DeMatos
A motion was made by Mr. Horvath and seconded by Mr. Wagner to appoint Joaquim DeMatos to the Upper Saucon Township Environmental Advisory Council for a partial 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. Gilda: Yes
Mr. Horvath: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

Award Bid for Water Meters and Appurtenances
A motion was made by Mr. Horvath and seconded by Mrs. White to award the water meters and appurtenances bid to AquaPro Supply in the amount of $140,209.40.

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.

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

DIRECTION / DISCUSSION ITEMS
Zoning Hearing Board Agenda – March 9, 2009
Mr. Beil explained there was no need to review this agenda item because of the two appeals, one was withdrawn and the other was discussed at a prior meeting.

Effects of the Economic Downturn on the Township Finances – Revenue Comparison and Analysis
Mr. Kassel presented the Board with charts showing the actual revenue collected in January 2009 compared to the actual revenue collected in January 2008.  Mr. Kassel said revenues to date are in line with budget forecasts, however, it is too early to tell what impact the economic downturn will ultimately have on Township revenues. He said the Township will continue to monitor revenues and defer capital expenditures until such time staff feels confident that revenues will meet budgeted projections.

Mr. Gilda requested an expenditures budget comparison for future presentations.
           
BILLS, PAYROLLS, AND COMMISSIONS

• Prepaid Invoice List #02172009 dated 02/27/2009………$773,308.05
• Warrant List #02172009 dated 02/27/2009………………$338,979.26

A motion was made by Mr. Horvath and seconded by Mr. Gilda to authorize payment of the Prepaid Invoice List and Warrant List #02172009 dated 02/27/2009.

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.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
None

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

The motion carried by a vote of 5 to 0 at 7:46 p.m.

                                                                       
Secretary