Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, April 9, 2007 - 6:00 p.m.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
James H. White, Sr.
Joyce V. White
Joseph M. Horvath

Members Absent:
Stephen C. Wagner

Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Sharyn E. Yeakel, Director of Community Development
Jeffrey Dimmich, Township Solicitor
Dennis Harman, Township Engineer
Robert Coyle, Chief of Police

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
Public Comment is summarized as follows: 

Gretel Ruppert – 5201 Mountainside Lane – Mrs. Ruppert gave the Board an update on the activities of the Antique Barn Coalition.

CHAIRMAN’S REMARKS
Chairman Gutzmirtl made the following remarks:

• Dun & Bradstreet made a $9,033.00 contribution to the Southern Lehigh Public Library in memory of Officer David M. Petzold.
• Quakertown National Bank made a $700.00 contribution to sponsor this year’s Family Fun Day event.
• The first Annual David M. Petzold Golf Tournament is scheduled for Friday, May 11, 2007 at the Wedgewood Golf Course.

PUBLIC HEARINGS
Saucon Valley Pacifico, LLC Inter-Municipal Liquor License Transfer
A public hearing was held to accept public comment and input on the request by Saucon Valley Pacifico, LLC, to approve the transfer of Liquor License No. R-5791 from an existing establishment in the City of Allentown to the proposed Pacifico Restaurant at 2960 Center Valley Parkway (Suite 706 of the Promenade Shops at Saucon Valley).

Attorney Dimmich handled the proceedings on behalf of the Township reading Exhibits T-1 through T-4 into the record.

Attorney Ted Zeller was present on behalf of the applicant.  Raphael Pollomino and Gus Vila, owners of Pacifico Restaurant, testified in support of the liquor license transfer.

Questions were raised by Chairman Gutzmirtl and Mr. White that were addressed by Attorney Zeller and Mr. Pollomino.

There was no public comment.

A motion was made by Mrs. White and seconded by Mr. White to adopt Resolution No. 2007-24 approving the request by Saucon Valley Pacifico, LLC, to transfer Liquor License No. R-5791 into Upper Saucon Township.

The vote was taken by roll call and the results were as follows:

Chairman Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

Sierra Management Company Application for Conditional Use Approval
A public hearing was held to accept public comment and input on the Conditional Use Application of Sierra Management Company to construct a four story hotel and conference center on 17+/- acres at the southwest corner of Center Valley Parkway and West Saucon Valley Road. The applicant requests conditional use approval pursuant to Sections 1402 and 1704.K (as revised by Ordinance No. 79-JJ) of the Township Zoning Ordinance.

Attorney Dimmich handled the proceedings on behalf of the Township reading Exhibits T-1 through T-10 into the record.

Attorney Joseph Fitzpatrick was present on behalf of the applicant, as well as Jeffrey Ott of Ott Consulting. Attorney Fitzpatrick submitted Exhibit A-1, the approved land development plan for the Saucon Creek Conference Center.

There were no questions or comments from Supervisors.

No members of the public wished to comment during the public hearing.

A motion was made by Mr. White and seconded by Mrs. White to adopt Resolution No. 2007-28 conditionally approving the Conditional Use Application of Sierra Management Company for the construction of a four story hotel and conference center on 17+/- acres at the southwest corner of Center Valley Parkway and West Saucon Valley Road.

The vote was taken by roll call, and the results were as follows:
Chairman Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

SUBDIVISIONS AND LAND DEVELOPMENTS
Crossroads Subdivision – Final Plan – Resolution No. 2007-21
A motion was made by Mrs. White and seconded by Mr. Horvath to adopt Resolution No. 2007-21 conditionally approving the Final Subdivision Plan of Callowhill Construction Corporation for the Crossroads Subdivision.

The vote was taken by roll call, and the results were as follows:

Chairman Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

MINUTES
Regular Meeting of July 10, 2006
A motion was made by Mrs. White and seconded by Mr. Horvath to approve the minutes of the July 10, 2006 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

Regular Meeting of August 14, 2006
A motion was made by Mr. White and seconded by Mr. Horvath to approve the minutes of the August 14, 2006 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
None

MOTIONS
Award Bid for Lawn Mowing and Trimming Services at Township Park – Bid No. 2007-04
A motion was made by Mrs. White and seconded by Mr. Horvath to award the lawn mowing and trimming services bid to Searock’s Lawn Care in the amount of $20,108.00.

Chairman Gutzmirtl pointed out the bid was less expensive than the prior year.

Mr. White asked if staff had checked the company’s references and the legality of its workers in terms of visa’s and green cards.

Chairman Gutzmirtl didn’t understand Mr. White’s concerns regarding the legality of the company’s workers asking how the Township was supposed to check such a thing.

Mr. Beil and Mr. Kassel said the company’s references were checked. As for the legality of the company’s workers, Mr. Beil said it was not the Township’s responsibility to check for visa’s and green cards.

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

Exoneration of Delinquent Taxes – 5002 Route 309 (Lot 495)
A motion was made by Mr. White and seconded by Mrs. White to exonerate the Lehigh County Tax Claim Bureau from collecting delinquent Township real estate taxes totaling $43.20 (tax year 2005) owed by Kenneth and Monica DeLeon for the mobile home formerly located on the property at 5002 Route 309, Lot 495 (PIN #641477632291 24).

Attorney Dimmich clarified it was not the taxes that were being exonerated; instead it was the collection of the taxes.

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

Award Bid for Crack Sealing, Micro-surfacing, and Seal Coating of Various Township Roads – Bid No. 2007-01
A motion was made by Mrs. White and seconded by Mr. Horvath to award the micro-surfacing bid to Asphalt Paving Systems, Inc., in the amount $30,176.25.

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

A seconded motion was made by Mr. Horvath and seconded by Mr. White to award the crack sealing and bituminous seal coat bid to Asphalt Maintenance Solutions, LLC, in the amount of $39,797.21.

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

Release of Funds – Weber & Dale Tracts Subdivision (a/k/a The Reserve) – Certificate No. 4
A motion was made by Mr. Horvath and seconded by Mrs. White to authorize the release of construction security in the amount of $78,558.37 for the Weber & Dale Tracts Subdivision in accordance with the Township Engineer’s recommendation made by letter dated March 26, 2007.

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

Release of Funds – Dun & Bradstreet Land Development – Certificate No. 2
A motion was made by Mr. White and seconded by Mrs. White to authorize the release of construction security in the amount of $49,683.00 for the Dun & Bradstreet land development in accordance with the Township Engineer’s recommendation made by letter dated March 28, 2007.

The motion carried by a vote of 4-0 with Mr. Wagner absent.

Colonial Crest Well No. 2 Upgrade Project – Electrical and SCADA System Engineering Services
A motion was made by Mrs. White and seconded by Mr. Horvath to accept the proposal from Optimum Controls Corporation for electrical and SCADA system engineering services associated with the Colonial Crest Well No. 2 upgrade project for a fee of $29,595.00.

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

Request to Add Property at 6750 Passer Road to the Lower Milford Township Agricultural Security Area
A motion was made by Mr. Horvath and seconded by Mr. White to approve the request of William S. Urmy and Ralph B. Urmy to have the property at 6750 Passer Road (Lehigh County PIN #642461241545) added to the Lower Milford Township Agricultural Security Area.

Chairman Gutzmirtl commended the Urmy’s for their choice saying it was a positive first step toward the preservation of open space and agriculture.

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

Lease of Township-Owned Property at 4865 West Hopewell Road
A motion was made by Mr. Horvath and seconded by Mrs. White to authorize the Chairman to execute a lease agreement with Dennis Trexler, which would allow for the growing, cultivation, and harvesting of crops on Township-owned property at 4865 West Hopewell Road.

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

Community Justice Panel Program
A motion was made by Mrs. White and seconded by Mr. White to authorize the Township’s participation in the Community Justice Panel Program administered by the IMPACT Project to effectively handle first time juvenile offenders who are charged with summary and misdemeanor offenses.

UST Police Chief Robert Coyle briefly explained the IMPACT Project for Supervisors and answered questions from Chairman Gutzmirtl and Mr. White.

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

DIRECTION / DISCUSSION ITEMS
Cancellation of April 24, 2007 Regular Meeting of the BOS
Mrs. White brought up the possibility of a motion to cancel the April 24, 2007 regular meeting of the BOS due to a potential lack of quorum.

Mr. White and Mrs. White were in favor of canceling the meeting, while Chairman Gutzmirtl and Mr. Horvath were in favor of leaving the meeting as scheduled.

Chairman Gutzmirtl and Mr. Horvath contended that if, as the meeting date approached, there were no items that couldn’t wait until the next month, the meeting could be cancelled a few days prior. However, if there was business to conduct, then the meeting would be held.

Mr. and Mrs. White felt if the meeting had to be held, it should be rescheduled for April 30.

A motion was made by Mrs. White and seconded by Mr. White to cancel the April 24, 2007 regular meeting of the BOS due to a potential lack of quorum and, if necessary, hold a meeting on April 30, 2007 instead.

The vote was taken by roll call, and the results were as follows:

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

The motion was defeated by a vote of 2 to 2 with Mr. Wagner absent.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #04092007 dated 04/05/2007……..$87,277.96
Warrant List #04092007 dated 04/05/2007……………..$470,993.40

A motion was made by Mr. Horvath and seconded by Mrs. White to authorize payment of the Prepaid Invoice List and Warrant List #04092007 dated 04/05/2007.

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
None

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

The motion carried by a vote of 4 to 0 with Mr. Wagner absent.

                                                                       
Secretary