Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, April 26, 2010 - 6:00 P.M.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
Stephen Wagner, Vice Chairman
Joseph M. Horvath
John E. Gilda, Jr.
Joaquim “Jack” DeMatos

Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Dennis Harman, P.E., Township Engineer
Thomas Dinkelacker, Township Solicitor

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  Matthew Guro, who was being honored for achieving the rank of Eagle Scout, to lead those in attendance in the “Pledge of Allegiance.”

PUBLIC COMMENT
James Dickey, 3475 Courtney Drive – Mr. Dickey addressed the Board on his concerns about releasing funds for the Sunrise Valley development. Chairman Gutzmirtl asked that Mr. Dickey hold his comments until later in the meeting when the agenda item is discussed.  Mr. Dickey also asked if the Township had plans to allow residents to pay water and sewer bills electronically over the Internet.  Mr. Beil said he would look into this matter.   

CHAIRMAN’S REMARKS
None

RESOLUTION NO. 2010-23 – RECOGNITION OF MATTHEW D. GURO FOR  ATTAINING THE RANK OF EAGLE SCOUT
Motion made by Mr. Wagner and seconded by Mr. DeMatos to adopt Resolution No. 2010-23 recognizing Matthew D. Guro for the tremendous honor he has brought to his family, Boy Scout Troop and community by attaining the rank of Eagle Scout.

The motion was approved by a vote of 5 to 0.

POLICE DEPARTMENT RE-ACCREDITATION
Robert E. Coyle, Jr., Chief of Police, presented Certificates of Appreciation to Officers Thomas Nicoletti and Michael Fritts in recognition of their efforts which led to re-accreditation of the Police Department.  Accreditation is a progressive and time-proven way of helping law enforcement agencies evaluate and improve their overall performance. The Upper Saucon Police Department is one of only 64 police agencies accredited in the State.  The Pennsylvania Chiefs of Police Association reviews the Police Department’s accreditation status every three years.            

SAUCON CREEK ROAD LP  – APPLICATION FOR CONDITIONAL USE APPROVAL
The application of Saucon Creek Road LP for the construction of a bank and day care center at the southeast corner of Center Valley Parkway and Saucon Creek Road.  The applicant requests conditional use approval pursuant to Articles 14 and 17 of the Township Zoning Ordinance of 1986 as amended.  The subject property is zoned ORTTC Office/Research/Technology Park and Town Center District and is located within the ESZ Environmentally Sensitive Overlay Zone. 

Attorney Dinkelacker handled the proceedings on behalf of the Township reading into the record exhibits T-1 through T-17.

Present on behalf of the applicant was Kurt Shaffer, Esquire, Denis Keenan, P.E., with French & Parrello Associates and Ed Sander with Pennoni Associates. Messrs. Keenan and Sander gave testimony in support of the applicant’s request for conditional use approval.

Attorney Shaffer asked that Applicant Exhibits A-1 through A-4 be admitted into the record.

Mr. Littlefield, the Township’s Geo-technical Consultant, gave a PowerPoint presentation which was admitted into the record as exhibit SAIC-1.  Mr. Littlefield explained the proposed building and detention basin sit in an area of Karst features and above the existing zinc mine and associated shafts and tunnels.  He did not believe the sub-surface investigation performed by the applicant was adequate to comply with the requirements of the zoning ordinance. 

It was decided the hearing will resume on May 17, 2010 at 6:00 p.m., to allow the cross-examination of Mr. Littlefield and comments from the public. 

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

SUBDIVISIONS & LAND DEVELOPMENTS
Tuscany Hill Subdivision - Lot Line Adjustment Plan – Resolution No. 2010-15
Motion made by Mr. DeMatos and seconded by Mr. Horvath to adopt Resolution No. 2010-15 conditionally approving the Preliminary / Final Lot Line Adjustment Plan of Monogram Land Holdings LTD to adjust lot lines involving Lots 1, 2 and 3 of the Tuscany Hill Subdivision.

The motion was approved by a vote of 5 to 0

PRESENTATION BY TRACY ROMAN OF PARK & RECREATION COMMISSION – NEIGHBOR FEST EVENT PLANNED FOR SEPTEMBER 25, 2010 AT TOWNSHIP COMMUNITY PARK
Tracy Roman reported on the planning for the Township’s annual community event. The consensus of the Park & Recreation Commission was to change the name from “Family Fun Day” to “Neighbor Fest” and to change the date from early summer to late September. Both ideas are being initiated in an effort to increase attendance. The Commission is also considering a dog walk as an added feature along with traditional events.

Chairman Gutzmirtl suggested adding arts and crafts displays and sporting events.

It was the consensus of the Board to move forward with the planning of “Neighbor Fest” and authorized the Township staff to allocate the necessary funds budgeted for this event.

MINUTES
Regular Meeting Minutes of April 5, 2010
Motion made by Mr. DeMatos and seconded by Mr. Wagner to approve the Regular Meeting of April 5, 2010.

The motion carried by a vote of 4 to 0 with Chairman Gutzmirtl abstaining.

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
Resolution No. 2010-24 – Expressing Support For The Saucon Creek Watershed Plan
Motion made by Mr. Wagner and seconded by Mr. Gilda to adopt Resolution No. 2010-24 supporting the Saucon Creek Watershed Conservation Plan and supporting the listing of the Saucon Creek Watershed on the Pennsylvania Rivers Registry.

The resolution was approved by a vote of 5 to 0.

Resolution No. 2010-19 – Sunrise  Valley Subdivision – Dedication of Stormwater Management Basins
Motion made by Mr. Horvath and seconded by Mr. Gilda to adopt Resolution No. 2010-19 accepting the dedication of detention basins 1 and 2 located on Lots 94 and 95 in the Sunrise Valley Subdivision and acknowledging that the detention basins will be hereinafter maintained by the Township.

The resolution was approved by a vote of 5 to 0.

Resolution No. 2010-18 – Sunrise Valley Subdivision – Dedication of Streets
Motion made by Mr. Gilda and seconded by Mr. DeMatos to adopt Resolution No. 2010-18 accepting Sunnyside Road, Springwood Court, Courtney Drive, Lexington Court and Stone Gate Drive as part of the public road system of the Township to be hereinafter maintained and supervised by the Township.

James Dickey, 3475 Courtney Drive asked why school buses were not allowed into the subdivision. Mr. Beil explained that the School District does not permit buses to operate on roads which have not been dedicated to the Township.  

The resolution was approved by a vote of 5 to 0.

MOTIONS
Authorization to Purchase New Police Vehicle
Motion made by Mr. Horvath and seconded by Mr. Wagner to authorize the purchase of a new police vehicle through the State’s COSTARS Cooperative Purchasing Program in an amount not to exceed $23,000.00.

Mr. Horvath introduced the evaluation process used by the Administration and Finance Committee to purchase this vehicle suggesting that the same process be used with all vehicle purchases.

The motion was approved by a vote of 5 to 0.

Award Bid for Lawn Mowing & Trimming Services at Township Park – Bid No. 2010-01
Motion made by Mr. Wagner and seconded by Mr. Horvath to award the bid for lawn mowing and trimming services at the Township Park to Searock’s Lawn Care in the amount of $16,908.00.

Mr. Beil confirmed that Searock’s has been performing this service for the Township for the past year.

The motion was approved by a vote of 5 to 0.

Request For Payment – Muschlitz Excavating, Inc. – Certification No. 2
Motion made by Mr. Wagner and seconded by Mr. DeMatos to authorize payment in the amount of $97,544.58 to Muschlitz Excavating, Inc., for sewer lateral repair work at various locations throughout the Township.

Mr. Horvath questioned why the tasks assigned to Muschlitz were not performed by Township crews. Mr. Beil explained that the tasks are part of the project to reduce infiltration into the sewerage system. The tasks are split between the Township crews and the contractor.

The motion was approved by a vote of 5 to 0.

Release of Funds – Sunrise Valley (U.S. Home) – Certification No. 6 (Final)
Motion made by Mr. Wagner and seconded by Mr. Gilda to authorize the release of construction security in the amount of $356,806.07 for Phase I of the Sunrise Valley Subdivision in accordance with the Township Engineer’s recommendation made by letter dated March 30, 2010.

The motion was approved by a vote of 5 to 0.

Release of Funds – Sunrise Valley (U.S. Home) – Certification No. 5 (Final)
Motion made by Mr. Wagner and seconded by Mr. Horvath to authorize the release of construction security in the amount of $143,056.21 for Phase II of the Sunrise Valley Subdivision in accordance with the Township Engineer’s recommendation made by letter dated March 30, 2010.

The motion was approved by a vote of 5 to 0.

Bill of Sale Conveying  Water System  in The Sunrise Valley Subdivision (U.S. Home) to the Township
Motion made by Mr. Wagner and seconded by Mr. DeMatos to accept the Bill of Sale for the water system installed within the Sunrise Valley Subdivision and to acknowledge that said water system will be hereinafter maintained by the Township.

The motion was approved by a vote of 5 to 0.

Agreement With PNC Bank and Capstone Res Dev - Locust Valley Estates Subdivision
Motion made by Mr. Wagner and seconded by Mr. Gilda to enter into an agreement with PNC Bank Landholdings LLC and Capstone Res Dev LLC resolving various issues related to the public improvements and construction security for the Locust Valley Estates Subdivision and to authorize the Township Manager to execute said agreement on behalf of the Township, subject to further modification of the agreement as deemed necessary by the Township Solicitor.

The motion was approved by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATION ITEMS
None

DIRECTION/DISCUSSION ITEMS
Recommendation By Park & Recreation Commission To Purchase Banners For Entrance To Park
Tracy Roman, representing the Township’s Park & Recreation Commission, presented a proposed banner for the entrance to the park. After some discussion, the Board recommended sending the proposal back to the Commission for review, suggesting that the banner spell out Upper Saucon Township and that a graphic be included for passive recreation activities.

PRESENTATION BY DENNIS HARMAN OF THE PIDCOCK COMPANY – WATER SYSTEM STATUS REPORT – APRIL, 2010
Mr. Harman reported that the well drilled at Blue Church Road South (Gun Club) property was producing at a capacity of over 1,000 gallons per minute making the well a significant asset to the Township. More testing is required and the Township needs to install ancillary equipment before the
true capacity of the well is known. Well testing of surrounding wells will be done during the week of May 17th.

Mr. Harman also reported that the bids for the Stabler Water System Improvement project were ready to be awarded pending acquisition of easements. The bidding package also included an extension from Main Street to Passer Road. The extension was proposed to allow for construction while PennDOT
worked on the Main Street bridge. Bridge construction, originally scheduled to begin in the summer, will not begin until October and Mr. Harman recommended awarding the contract now anticipating higher costs in the future once the new bridge work is completed.

Mr. Harman described the proposed extension of the water main in Jared Drive. The original project was designed to alleviate a water quality problem. Although the quality problem has been resolved, Mr. Harman recommended pursuing the project to eliminate a dead end in the system and increase service reliability particularly for the Lanark line.

The contractor is anxious to get started on the Stabler water system improvements, but the go ahead is delayed while easements are negotiated.  Solicitor Dinkelacker implied that most easements would be in place and could be approved by the Board’s meeting scheduled for May 17th. Mr. Beil noted that negotiations with Stabler might involve resolution of an unrelated matter. If the easements are not in place by the May 17th meeting, the Board will consider obtaining the necessary easements through condemnation.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid invoice List #04262010, dated 04/23/2010, for $118,844.56
Warrant List #04262010, dated 04/23/2010 for $353,922.60

Motion made by Mr. Horvath and seconded by Mr. Wagner to authorize the payment of the Prepaid Invoice List and the Warrant List.

The motion was adopted 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. Horvath with a second by Mr. DeMatos to adjourn the meeting.

The motion carried by a vote of 5 to 0.

______________________
Secretary