Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, March 16, 2009 - 6:00 p.m.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
Stephen C. Wagner, Vice Chairman
Joyce V. White

Participating Via Speakerphone:
John E. Gilda, Jr.
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 COMMENT
None

CHAIRMAN’S REMARKS
Chairman Gutzmirtl reminded those present that April 18 was the Township’s official clean up day organized by the Environmental Advisory Council. Anyone interested in helping clear debris from the natural areas, from Saucon Creek, from the future rail-to-trails should volunteer. Those participating would be meeting at the Township park at 8:30 a.m. Chairman Gutzmirtl also mentioned the electronics recycling program from 10 a.m. to 2 p.m. on the same day and the native plant sale June 7.

PUBLIC HEARINGS
None

SUBDIVISIONS AND LAND DEVELOPMENTS
None

MINUTES
Regular Meeting of February 2, 2009
A motion was made by Mrs. White and seconded by Mr. Wagner to approve the minutes of the February 2, 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. 144 – Refinancing Existing Township Debt
James Schlesinger from Concord Public Financial Advisors, Inc., came before the Board to present the results of a competitive internet bid for refinancing of three Township bonds. The refinancing would provide interest savings to the Township. Mr. Schlesinger said 56 bids were received from seven bidders. He provided the Board with a packet containing the bid information, as well as breakdowns of the savings that would occur for each bond refinanced. The total savings would be $120,578.44, or 2.29 percent, over the next two fiscal years. The savings would be distributed into the water, sewer, and general funds. Mr. Schlesinger then reviewed the breakdown of savings for each bond issue being refinanced and what portion would be allocated to which fund. At Mr. Wagner’s request, Mr. Schlesinger explained the difference between the absolute dollar figure and the present value of the savings and how they are calculated based on the payment dates for each bond issue.

There was a brief discussion regarding the effects of calling out a bond and its connection to the Township’s credit rating.

Attorney George Aman from High, Swartz, Roberts & Seidel told Supervisors that Bank of New York was the top bidder and summarized the important aspects of the ordinance governing the refinancing of the three bonds. He recommended amending the ordinance by creating a new sub-section (c) on page 3 which will read as follows: “The 2009 Series Bonds will be insured by a policy of bond insurance issued by Financial Security Assurance, Inc.”

It was the consensus of the Board to amend Ordinance No. 144 by creating a new sub-section (c) to page 3 which will read as follows:  “The 2009 Series Bonds will be insured by a policy of bond insurance issued by Financial Security Assurance, Inc.”

A motion was made by Mr. Wagner and seconded by Mrs. White to adopt Ordinance No. 144, as amended,  increasing the debt of the Township in the amount of $8,600,000.00 for the purpose of providing funds for and toward refunding of certain outstanding bonds and a Note of 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.

RESOLUTIONS
None

MOTIONS
Release of Funds – Assumption of BVM Church Land Development – Certification No. S-1
A motion was made by Mrs. White and seconded by Mr. Wagner to authorize the release of construction security in the amount of $76,848.75 for the Assumption of BVM Church Land Development in accordance with the Township Sewer Engineer’s recommendation made by a letter dated March 10, 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.

Request for Payment – Barry J. Hoffman Company, Inc. – Certification No. 3
A motion was made by Mr. Wagner and seconded by Mrs. White to authorize payment in the amount of $27,452.70 to Barry J. Hoffman Company, Inc. for work completed on the Influent Pump Station Controller at the Sewage Treatment Plant.

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.

Investment Policy Statement for Non-Uniformed Employees’ Pension Plan and Police Pension Plan
A motion was made by Mrs. White and seconded by Mr. Horvath to approve the Investment Policy Statement for the Non-Uniformed Employees’ Pension Plan and the Police Pension Plan dated March 16, 2009.

Attorney Dimmich pointed out that Item 2 of the Policy stated the Board of Supervisors would  assume ultimate responsibility for any oversight, therefore, he recommended regular review and involvement in the pension plans.

Mr. Horvath said the Supervisors would be in contact with PNC Bank on a regular basis and a quarterly review would be performed by the Administration and Finance Committee.

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.

Request for Payment – C&T Associates, Inc. – Certification No. 7 (Final)
A motion was made by Mrs. White and seconded by Mr. Wagner to authorize payment in the amount of $31,664.07 to C&T Associates, Inc. for work completed on Well No. 2 at the Colonial Crest water supply facility (Contract No. 1 – Mechanical).

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.

Inspection of South Mountain Water Storage Tank
A motion was made by Mr. Wagner and seconded by Mrs. White to accept the proposal from Coatings Inspection Services, Inc., for the inspection of the South Mountain Water Storage Tank for a total cost of $3,466.25.

Mr. Wagner asked if the tank could be taken out of service for an extended period of time if maintenance work was needed.

Mr. Harman responded, yes, with back-ups in place it would be okay to take it out of service for repairs. However, he said if the tank were taken out of service for repairs, it should be done in spring or fall when customer usage is low.

Chairman Gutzmirtl asked if the repairs would have to be approved by the Board.

Mr. Harman said the inspection would result in a report that would detail any repairs needed and repairs would only be performed with the Board’s approval. He cautioned that any repairs needed would most likely be large given the age and condition of the tank.

Mr. Beil added he could authorize any minor repairs if necessary.

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.

Exoneration of Delinquent Taxes

A motion was made by Mrs. White and seconded by Mr. Wagner to exonerate the Lehigh County Tax Claim Bureau from collecting delinquent 2005 and 2006 Township Real Estate Taxes on two parcels on Balsam Road (Property Identification No. 641515690008 1 and 641516709580 1) pursuant to correspondence dated July 29, 2008 from the Lehigh County Office of Fiscal Affairs.

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.

A motion was made by Mr. Wagner and seconded by Mrs. White to exonerate the Lehigh County Tax Claim Bureau from collecting delinquent 2007 Township Real Estate Taxes on the property at 4942 Route 309, Lot 260 (Property Identification No. 641477777876 14) pursuant to correspondence dated December 11, 2008 from the Lehigh County Office of Fiscal Affairs.

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.

Release of Funds – Blue Ridge Chase Subdivision (formerly Penn’s View South Subdivision) – Certification No. 7
A motion was made by Mrs. White and seconded by Mr. Wagner to authorize the release of construction security in the amount of $49,623.75 for the Blue Ridge Chase Subdivision in accordance with the Township Engineer’s recommendation made by a letter dated March 13, 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.

CORRESPONDENCE AND INFORMATIONAL ITEMS
Special Board of Supervisors Meeting Scheduled for June 9, 2009 at 6:00 p.m.
Mr. Beil told the Board a special meeting had been scheduled for June 9, 2009 at 6:00 p.m., where the Board of Supervisors would consider adoption of the Comprehensive Zoning Ordinance Amendment. He also reviewed the other important events and dates associated with the possible adoption including a public information meeting on April 9, 2009, and a Planning and Zoning Committee meeting where the Ordinance will be reviewed one final time before advertisement.

DIRECTION / DISCUSSION ITEMS
Purchase of New Dump Truck for the Water/Sewer Department
Mr. Beil said the Water/Sewer Department was asking the Board to consider purchasing a new dump truck because the current truck has a cracked frame that would require a custom repair that would be quite expensive.  Mr. Beil said there were basically two options: purchase a new chassis for $141,674 or purchase a new truck for $150,000.  It was his recommendation that the Board authorize the purchase of a new chassis even though it was not a budgeted item. Mr. Beil said the funds would be drawn from the water capital reserve fund and sewer capital reserve fund. He also informed the Board that the truck was important to snow and ice control operations in the Township.

Chairman Gutzmirtl wanted to know what effect losing the truck would have on snow and ice control operations.
 
Mr. Beil said snow and ice control operations would take longer because there would be one less truck to plow and cinder the roads. 

Chairman Gutzmirtl felt the Board could not make a decision with information at hand given the financial constraints and the economic conditions, and therefore wanted to see an analysis of the impact on snow maintenance in the Township if the truck was no longer in operation.

Attorney Dimmich suggested the Township consider sub-contracting part of the snow maintenance if the Board did not feel repair or replacement of the truck was an option right now.

Mr. Gilda said he would be interested in looking at the cost of sub-contracting versus purchasing a new chassis.

There was a brief discussion regarding the custom fabrication that would have to be done to repair the existing frame.

The consensus of the Board was to request an analysis from Don Eck, the Superintendent of Roads, showing the impact on snow and ice control in the Township if the dump truck was taken out of service.  The Board also wanted information on the cost of sub-contracting and leasing.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #03162009 dated 03/13/2009………….$102,279.79
Warrant List #03162009 dated 03/13/2009………………….$323,867.15

A motion was made by Mrs. White and seconded by Mr. Gilda to authorize payment of the Prepaid Invoice List and Warrant List #03162009 dated 03/13/2009.

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
An executive session was held to discuss possible land acquisition.

ADJOURNMENT
A motion was made and seconded to adjourn the meeting.

The motion carried by a vote of 5 to 0.

                                                                       
Secretary