Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
March 13, 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

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:

Bob Tettemer – Glen Road – Mr. Tettemer spoke on two subjects. First, he requested the Township be held to the same 10-day terms they set for others regarding acknowledgements of and responses to letters.

Secondly, Mr. Tettemer questioned two ordinances, No. 50-I and No. 79-ZZ and their relation to each other. He was concerned that an ordinance other than the one advertised was being handed out to citizens coming to the Municipal Building to view it.

Mr. Beil explained that there are two different ordinances being advertised. The first, proposed Ordinance No. 79-ZZ, is a Zoning Ordinance amendment, while the second, proposed Ordinance No. 50-I, is a Subdivision and Land Development amendment. They are both coming up on future agendas, but not at the same time.
Mr. Tettemer claimed when he went in asking for a copy of the upcoming ordinance dealing with flag lots and lot lines, he received Ordinance No. 50-I, not Ordinance No. 79-ZZ.

Mr. Beil said that was the case because both ordinances deal with flag lots and lot lines. However, Ordinance No. 50-I will come up at the last Board meeting in March and Ordinance No. 79- ZZ will come up at the first Board meeting in April. He continued saying Ordinance No. 50-I, a seven or eight page ordinance, deals with frontage on a public street, which is a round-about way of getting to flag and keyhole lots. Ordinance No. 79-ZZ deals specifically with flag and keyhole lots.

Mr. Tettemer then voiced concerns over the affect that Ordinance No. 79-ZZ would have on landlocked parcels in the Township rendering them unbuildable.

Chairman Wagner commented that existing landlocked lots already owned would be grandfathered if the zoning ordinance amendment passed. Only newly created subdivisions would be subject to the provisions set forth in Ordinance No. 79-ZZ. In addition, he reminded Mr. Tettemer the Zoning Hearing Board has the power to grant exceptions, if necessary.

Attorney Dimmich expanded on the many options available to property owners through private action, SALDO waivers, and hardship easements in the case of a landlocked lot slated for development.

The Board then engaged in a short discussion in which several specific provisions and restrictions contained in Ordinance No. 79-ZZ were reviewed.

SUBDIVISIONS AND LAND DEVELOPMENTS
None

PRESENTATIONS
None

MINUTES
Regular Meeting of September 13, 2005
A motion was made by Mr. White and seconded by Mrs. White to approve the minutes of the September 13, 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 because they were not members of the Board when the meeting took place.

Regular Meeting of September 27, 2005
A motion was made by Mrs. White and seconded by Mr. White to approve the minutes of the September 27, 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 because they were not members of the Board when the meeting took place.

COMMITTEE REPORTS
The Board reviewed the following Committee Reports:

• Planning and Zoning Committee Meeting of February 13, 2006
• Public Works Committee Meeting of March 6, 2006

Following Mrs. White’s review of the Public Works Committee Meeting of March 6, 2006, Mr. Horvath asked if the paving work on the roads in Phase 2 of the Countryside Development was acceptable.

Mr. White responded yes, the issues experienced were justified because industry standards usually halt paving after October each year due to the effects of the weather during the winter months. The results were typical for paving done in mid-November.

Mr. Gutzmirtl and Mr. Horvath both expressed concern over the future condition of the roadway. They questioned what would happen if the asphalt did not smooth out as the contractor had assured them it would.

Attorney Dimmich said any issue of that kind would be handled at final inspection before the Township took control of the roads.

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

ORDINANCES
None

RESOLUTIONS
None

MOTIONS
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 $114,350.67 to Michael F. Ronca and Sons, Inc., for work completed on the Applebutter Hill Water Storage Tank Project.

Chairman Wagner referenced a portion of the attached Pidcock letter, which mentioned reviewing the obligations of the company’s owner under the PA Prevailing Wage Act. He said he would be interested in seeing the certifications with the appropriate notarizations before the payment was made.

Mr. Beil agreed to verify the certifications before the check was signed at the next Board meeting.

Chairman Wagner requested verification of certificates be done in advance for future payment authorizations.

As a precaution, Mrs. White and Mr. Horvath amended their motion and second adding that payment authorization to Michael F. Ronca and Sons, Inc., in the amount of $114,350.67 would be subject to full compliance with the PA Prevailing Wage Act.

The motion carried by a vote of 5 to 0.

Accept Resignation of Hilary Smith from the Parks and Recreation Commission
A motion was made by Mr. White and seconded by Mrs. White to accept with regret the resignation of Hilary Smith from the Parks and Recreation Commission effective immediately.

Mr. Gutzmirtl spoke highly of Mrs. Smith’s contributions to the Commission and asked if anyone knew why she resigned.

Mr. White said no reason was given for her resignation. He continued saying he agreed with Mr. Gutzmirtl that she was a tremendous asset to the Commission and the Township.

Mr. Gutzmirtl asked that Mr. White contact her and ask if she would be willing to share her reasons for resigning. Furthermore, he suggested the Township follow-up with all future resignations in the same way as to get a better understanding of why well-qualified people decide to no longer participate. He felt it may help the Township in interviewing candidates, as well as sustaining those currently appointed.

The motion carried by a vote of 5 to 0.

Appointment to Parks and Recreation Commission
A motion was made by Mr. White and seconded by Mr. Gutzmirtl to appoint Tyrone Hollie to the Parks and Recreation Commission to fill an unexpired term ending December 31, 2007.

Chairman Wagner and Mrs. White both commented on Mr. Hollie’s superb qualifications.

The motion carried by a vote of 5 to 0.

Release of Funds – Countryside, Phase 2 (formerly known as Greenbriar)
A motion was made by Mrs. White and seconded by Mr. White to authorize the release of construction security in the amount of $21,447.50 for Phase 2 of the Countryside Subdivision in accordance with Keystone Consulting Engineers recommendation made by letter dated January 24, 2006.

The motion carried by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

DIRECTION / DISCUSSION ITEMS
Zoning Hearing Board Agenda for March 20, 2006
The Board reviewed the Zoning Hearing Board Agenda for March 20, 2006. They decided by consensus that both appeals could easily be handled by the Zoning Hearing Board and did not need to be addressed by the Board of Supervisors.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoices List #03132006 dated 03/10/2006……….$  87,696.04
Warrant List #03132006 dated 03/10/2006………………...$606,489.04

Chairman Wagner, Mr. White, and Mr. Gutzmirtl inquired about specific invoices, which were answered by Mr. Beil and Mr. Kassel.

A motion was made and seconded to authorize payment of the Prepaid Invoice List and Warrant List # 03132006 dated March 10, 2006.

The motion carried by a vote of 5 to 0.

ADDITIONAL BUSINESS
Resident’s Complaints Regarding West Hopewell Road Water Project
Chairman Wagner shared with the Board complaints he received from a resident of the Township regarding the lack of flagmen at the site of the water project on West Hopewell Road causing frequent road closures.

Mr. Beil said each time he was on-site, there were flagmen, as well as signage. He asked Chairman Wagner to tell the resident to immediately contact him if he should observe the problem again, so that it could be addressed.

Mr. Horvath agreed, saying there were a few instances where he had to wait for large construction trucks to maneuver around the site, but for the most part, he found the traffic situation to be handled appropriately.

Mr. White also observed flagmen at the site both in the morning and in the evening.

Letter from Tettemer Plumbing and Heating
The Board reviewed a letter from Bob Tettemer concerning review fees he incurred when he subdivided his property on Glen Road.

Mr. White asked that the matter be reviewed by Attorney Dimmich in an attempt to come to a reasonable conclusion that would suit all parties involved.

Mr. Gutzmirtl said he would first like Mr. Beil’s opinion, since he was familiar with the history behind the matter.

Mr. Beil said he believed Mr. Tettemer was treated fairly by the Township and should reimburse the Township for the engineering costs and legal reviews performed during the subdivision.

Mr. Gutzmirtl felt that a consensus of the Board was necessary so that direction could be given to the Solicitor and Manager.

Attorney Dimmich offered his opinion, stating he found no legal claim of wrong-doing on the part of the Township.

Mr. Beil proceeded to clarify the situation for the Board and the public by rendering a visual representation of the Tettemer property and subdivision. He explained the process, requirements, restrictions, and waivers involved in the subdivision. He specifically addressed the merger of two lots and waiver that allowed Mr. Tettemer to leave the drive unpaved.

Mr. Tettemer then explained his position. He said he was unaware of the merger until he tried to sell the lot for development and that he should not have to pay for something he did not want.

Chairman Wagner said this issue should be discussed at a later time in executive session.

NIMS Training
Mr. Beil reminded the Board that all members must complete the National Incident Management System training by October 1. He provided the dates and times that the courses would be held and extended the opportunity to take the courses on-line to any interested Board member.

Cancellation or Rescheduling of the April 25, 2006 Board of Supervisors Meeting
Mr. Beil informed the Board that due to a conflict in scheduling the April 25, 2006 Board of Supervisors meeting would have to be rescheduled or cancelled.

RothPlan, LLC Contract
Mr. Horvath asked about the status of the RothPlan, LLC contract.

Attorney Dimmich said the RothPlan was in the process of being reviewed and revised.

COURTESY OF THE FLOOR
None

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

The motion carried by a vote of 5 to 0.

The meeting was adjourned at 7:46 p.m.

                                                                       
Secretary