Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Tuesday, March 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
Sharyn E. Yeakel, Asst. Director of Community Development
Jeffrey Dimmich, Township Solicitor
Thomas Dinkelacker, Township Solicitor
Dennis 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
Proposed Ordinance No. 50-I
A public hearing was held to accept public comment and input on proposed Ordinance 50-I amending the Upper Saucon Township Subdivision and Land Development Ordinance. Ordinance 50-I would amend Section 140 to provide standards for waivers and deferrals, Section 232.2 to revise lot frontage standards, Section 240 to clarify and add regulations for proposed and existing streets and to provide for traffic calming measures, and Section 247 to revise cul-de-sac standards. The ordinance would also create Section 700 used to modify procedures for preliminary and final plan review and to amend Section II of the Appendix to add and clarify definitions relating to streets, driveways, and lot area.

Attorney Dimmich and Attorney Dinkelacker handled the proceedings on behalf of the Township.

Members of the public that commented during this public hearing in favor or against proposed Ordinance 50-I included Attorney Maxwell Davison representing Lutron Electronics, Andrew Hines of Lutron Electronics, Attorney Joseph Fitzpatrick representing the Stabler Land Company, and who also spoke as a property and business owner in the Township, Ray Suhocki of the Lehigh Valley Economic Development Corporation, Attorney Douglas Maloney representing McGrath Homes, Inc., Attorney Dennis Benner spoke as a developer and resident of the Township, Greg Kessel, President of Sierra Management Company, Laurie Brown, Senior Vice President of Liberty Property Trust, Cindy Feinberg, Director of Community and Economic Development in Lehigh County, Johnny Hill of Flint Hill Road, Jeffrey Ott of Ott Consulting, Robert Bower, President of Stabler Land Company, Attorney Joseph Plunkett representing Lehigh Custom Homes, and who also spoke as a resident of the Township, Ronald Harmonic, Vice President of Operations at Wedgewood Golf Course, Rick Nelson, resident, Charles Ruppert, Upper Saucon Township Director of Community Development, and a resident of 5201 Mountainside Drive, Jay Musselman of Musselman Associates, and who also spoke as a resident of the Township, Dick Woodring, real estate agent and resident, Eric Publicover, resident, Joseph Nanovic, resident, Robert Tettemer of Glen Road, Paul Callahan of McGrath Homes, Inc., Anthony Caruso of Chestnut Hill Road, Dino Daddona, property owner, and Steve Strelecki, resident.

A stenographer was present to record the proceedings. A copy of the transcript from the hearing is attached hereto, made a part hereof, and marked as Attachment “A.”

Adoption of Proposed Ordinance 50-I
A motion was made by Mr. Gutzmirtl and seconded by Mr. Horvath to adopt proposed Ordinance 50-I amending the Upper Saucon Township Subdivision and Land Development Ordinance to amend Section 140 to provide standards for waivers and deferrals; to amend Section 232.2 to revise lot frontage standards; to amend Section 240 to clarify and add regulations for proposed and existing streets and to provide for traffic calming measures; to amend Section 247 to revise cul-de-sac standards; to create a new Section 700 used to modify procedures for preliminary and final plan review; and to amend Section II of the Appendix to add and clarify definitions relating to streets, driveways, and lot area.

Mr. White had multiple questions and voiced several objections regarding the ordinance.

Mr. Gutzmirtl and Mr. White both thanked those who commented during the public hearing, as well as the Township staff and solicitors for the time and effort they put toward drafting the ordinance.

Mr. Wagner had various questions which were answered by Attorney Dimmich, Attorney Dinkelacker, and Mr. Harman.

A roll call vote was ordered, and the vote was as follows:

Chairman Wagner         Yes
Mr. Gutzmirtl                Yes
Mr. Horvath                 Yes
Mr. White                    No
Mrs. White                   No

The motion carried by a vote of 3 to 2.

PUBLIC COMMENT
None

SUBDIVISIONS AND LAND DEVELOPMENTS
None

MINUTES
None

COMMITTEE REPORTS
The Board reviewed the following Committee Report:

• Planning and Zoning Committee Meeting of March 13, 2006

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

PRESENTATIONS
None

ORDINANCES
None

RESOLUTIONS
Resolution No. 2006-17 – Open Records Policy
A motion was made by Mrs. White and seconded by Mr. Gutzmirtl to adopt Resolution No. 2006-17 establishing the Township’s Open Records Policy.

Mr. Beil reviewed the policy for the Board noting that it is an update to the policy already in place. He said the update was being done because of its relation to the accreditation being sought by the Township’s Police Department.

Attorney Dimmich explained which police department documents are available to open records requests.

The motion carried by a vote of 5 to 0.

MOTIONS
Agreement with RothPlan, LLC – Preparation of the New Zoning Ordinance
A motion was made by Mr. Gutzmirtl and seconded by Mr. Horvath to approve the Agreement with RothPlan, LLC for the preparation of a new Zoning Ordinance and to authorize Chairman Wagner to execute said Agreement on behalf of the Township.

The motion carried by a vote of 5 to 0.

Release of Funds – Curly Horse Subdivision (Sanitary Sewer Improvements)
A motion was made by Mr. White and seconded by Mrs. White to authorize the release of construction security in the amount of $268,911.33 for the Curly Horse Subdivision in accordance with the Township Sewer Engineer’s recommendation made by a letter dated March 21, 2006.

The motion carried by a vote of 5 to 0.

A motion was made by Mrs. White and seconded by Mr. Horvath to authorize the release of construction security in the amount of $99,121.50 for the Curly Horse Subdivision in accordance with the Township Sewer Engineer’s recommendation made by a letter dated March 21, 2006.

Mr. Horvath questioned the acceptable limit for sagging in sanitary sewer lines.

Mr. Harman responded that the Township’s Sewer Authority Engineers have determined anything above a quarter inch to be a problem. He explained the Municipal Authority divides the sagging into different levels that are treated in different ways.

The motion carried by a vote of 5 to 0.

Release of Funds – Curly Horse Subdivision (Township Improvements)
A motion was made by Mrs. White and seconded by Mr. Gutzmirtl to authorize the release of construction security in the amount of $161,883.09 for the Curly Horse Subdivision in accordance with the Township Sewer Engineer’s recommendation made by a letter dated March 15, 2006.

The motion carried by a vote of 5 to 0.

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

Mr. Gutzmirtl commented on the resignation being the second from this Commission in recent months. He reiterated his suggestion to find out the reasons behind the resignations so that problems can be identified and corrected.

Mr. White and Mrs. White both said Mr. Pandl was frustrated with the park expansion project and how it was progressing.

The motion carried by a vote of 5 to 0.

Appointment to the Park and Recreation Commission
A motion was made by Mr. White and seconded by Mrs. White to appoint Joaquim (Jack) DeMatos to the Park and Recreation Commission to fill an unexpired term ending December 31, 2007.

Mr. Gutzmirtl asked Mr. White what criteria was used to choose Mr. DeMatos out of all the individuals that had applied.

Mr. White said Mr. DeMatos was chosen because of his interest, availability, and involvement in other capacities in the community.

Mrs. White added there was another candidate for the spot who lost out to Mr. DeMatos because his time to contribute was limited by an already hectic schedule.

The motion carried by a vote of 5 to 0.

Request for Payment – Joao & Bradley Construction Co., Inc.
A motion was made by Mr. White and seconded by Mrs. White to authorize payment in the amount of $12,420.00 to Joao & Bradley Construction Co. Inc., for work completed on the Chestnut Hill Water and Sewer Line Extension Project.

The motion carried by a vote of 5 to 0.

Bid Awards

Bid No. 2006-04 – Water Meters
A motion was made by Mr. White and seconded by Mrs. White to award Bid No. 2006-04 (Water Meters & Appurtenances) to Aqua Pro for a total bid price of $75,107.00.

Mr. Gutzmirtl asked Mr. Harman if the bid price was reasonable in his opinion.

Mr. Harman replied, in his experience, the bid price was reasonable.

Chairman Wagner was curious as to how the bid packets were organized and what specifications they included.

In response, Mr. Harman gave a brief description of what was contained in the bid packets.

Mr. Beil interjected to remind the Board that developers reimburse the Township for any meters over one inch in size when they are installed. Reimbursement for the meters is part of the tapping fee.

The motion carried by a vote of 5 to 0.

Bid No. 2006-05 – Lawn Mowing and Trimming Services at Township Park
A motion was made by Mrs. White and seconded by Mr. White to award Bid No. 2006-05 (Lawn Mowing and Trimming Services at the Township Park) to the Brickman Group, LTD for a total bid price of $20,122.00.

Mr. Beil said the lawn mowing and tree trimming was put out for bid in an attempt to save the Township money. If the work is outsourced, the Township does not have to pay salary and benefits to additional staff hired for seasonal work.

The motion carried by a vote of 5 to 0.

Request for Payment – James T. O’Hara, Inc.
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize payment in the amount of $223,299.40 to James T. O’Hara, Inc., for work completed on the Hopewell and Chestnut Hill Roads Waterline Extension Project, provided the necessary certifications have been submitted for compliance with the PA Prevailing Wage Act.

The motion carried by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
Letter from Dennis Benner
The Board reviewed a letter from Dennis Benner requesting approval from the Board of Supervisors to amend the Sewage Facilities Act 537 Plan to allow the extension of public sewer to the Girl Scout Camp at 1600 Taylor Drive.

Attorney Dimmich said that anyone can make a private request to the PA Department of Environmental Protection to revise a 537 Plan, as long as they have made a written request and have either received a written denial from the municipality to revise its plan or have not received a response within 60 days. If the consensus of the Board is that they do not intend to supply sewer to that property, it would be in their best interest to provide in the denial letter reasons to support the denial. He further suggested that he meet with the Authority Liaison Committee, the Township’s Sewer Engineer Karl Schreiter, and Mr. Harman to discuss the implications of extending sewer service to the property.  This would be advantageous to the Township in preparing a defense should Mr. Benner file a private request with PADEP.

A Board discussion then took place as to the best way to proceed with this matter.

The Board decided by consensus to refer the matter to the Authority Liaison Committee to review with the assistance of Attorney Dimmich, Mr. Schreiter, and Mr. Harman.

A second lengthy discussion followed from a question asked by Mr. Horvath regarding the long-time issue between the Township and the Borough of Coopersburg concerning the sewer prohibition. The Board considered the merits of meeting with representatives from the Borough and a facilitator to further discuss possible solutions to the sewer prohibition.  It was the consensus of the Board that a meeting with Borough representatives would be premature at this time since the Borough’s Corrective Action Plan has yet to be approved by DEP.

DIRECTION / DISCUSSION ITEMS
None

BILLS, PAYROLLS, AND COMMISSIONS

Prepaid Invoice List # 03282006 dated 03/24/2006……………$76,267.28
Warrant List # 03282006 dated 03/24/2006……………………$376,980.81

A motion was made by Mr. Gutzmirtl and seconded by Mr. Horvath to authorize payment of the Prepaid Invoice List and Warrant List # 03282006 dated 03/24/2006.

Mr. White inquired about one invoice, and Mr. Gutzmirtl inquired about three invoices, which were answered by Mr. Beil.

One of the invoices Mr. Gutzmirtl mentioned involved the Southern Lehigh School District’s Middle School project and its impact on the traffic in the area. Mr. Gutzmirtl suggested the District come before the Board with their plans so that the Board is fully aware of the situation.

Mr. Beil said he was not sure the School District was at a point where they had anything to present, but would inform them of Mr. Gutzmirtl’s request.

A lengthy discussion ensued regarding the project, its possible location, its impact on the community and traffic, and the individual concerns of the various Board members.

The motion carried by a vote of 5 to 0.

ADDITIONAL BUSINESS
Ban on Open Burning
Mr. Beil reviewed a letter from Charles Castetter, Upper Saucon Fire Chief, requesting the Township institute a ban on open burning due to dry weather conditions.

A motion was made by Mr. White and seconded by Mrs. White establishing a temporary Township-wide ban on any and all open burning effective immediately and continuing until such time as the Fire Chief determines that the high fire risk to woodlands, fields, and brush is no longer present.

The motion carried by a vote of 5 to 0.

Separation Agreement with Charles Ruppert
Mr. Beil presented the Board with a finalized separation agreement between the Township and Charles Ruppert, former Director of Community Development.

A motion was made by Mrs. White and seconded by Mr. Horvath to approve the separation agreement with Charles Ruppert and authorize the Chairman to execute said agreement.

The motion carried by a vote of 5 to 0.

In-Car Camera Bids for Police Department
Mr. Beil reviewed the bids collected for the in-car camera systems for the Police Department. He and the Police Chief recommended awarding the bid to the lowest qualified bidder, Kustom Signals, for $7,178 per unit installed or $6,875 per unit not installed. A second bidder was lower in price, but was disqualified for not meeting bid specification requirements. Mr. Beil also noted that the installation of the two units would be covered by a $15,000 grant bringing the department’s number of vehicles equipped with the technology up to five (5).

A motion was made by Mrs. White and seconded by Mr. Horvath to award the bid to Kustom Signals of Lenexa, Kansas for the installation of two in-car camera systems for Police Department vehicles in the amount of $7,178 per unit.

The motion carried by a vote of 5 to 0.

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.

                                                                       
Secretary