Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, May 17, 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
Ronald Gawlik, 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 all in attendance to stand and recite the “Pledge of Allegiance.”

PUBLIC COMMENT
None

CHAIRMAN’S REMARKS
Chairman Gutzmirtl acknowledged the volunteers who turned out for the annual Clean-up Day on April 17. The Township collected seven tons of electronic waste.

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 explained that the Township’s Geo-Technical Consultant, Kent Littlefield, was to be present at tonight’s meeting to be cross-examined by counsel for the applicant.  Due to a scheduling mix-up, Mr. Littlefield was not able to attend the meeting.  In the interest of continuing the hearing, Attorney Shaffer was going to call several of the applicant’s witnesses who were originally intended to be rebuttal witnesses to what Mr. Littlefield would have said.

Present on behalf of the applicant were Kurt Shaffer, Esquire, Denis Keenan, P.E. of French and Parrello Associates, Ed Sander of Pennoni Associates, and Arthur Coston of Jarmel Kizel Architects & Engineers.  Messrs. Sander and Coston gave testimony in support of the applicant’s request for conditional use approval.

Attorney Shaffer asked that Applicant Exhibits A-7 through A-10 be admitted into the record.  The exhibits were admitted without objection.

It was decided the hearing will resume on June 21, 2010 at 6:15 p.m., to allow the cross-examination of Mr. Littlefield and comments from the public. 

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.”

SUBDIVISIONS & LAND DEVELOPMENTS
None

MINUTES
Regular Meeting of April 26, 2010
Motion made by Mr. Gilda and seconded Mr. Horvath to approve the Regular Meeting minutes of April 26, 2010.

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

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
Resolution No. 2010-28 – Authorizing Township Solicitor To Acquire Temporary Construction Easement On Property At 7330 Mary Drive
Motion made by Mr. Wagner and seconded by Mr. DeMatos to adopt Resolution No. 2010-28 authorizing the Township Solicitor to take all legal steps necessary to acquire a temporary construction easement for sight distance grading on the property at 7330 Mary Drive.

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

MOTIONS
Establish Open Space Fund
Motion made by Mr. Horvath and seconded by Mr. Gilda to establish an Open Space Fund which will be funded by contributions from residents and other interested parties to be used exclusively for the preservation of open space in the Township. Mr. Gilda asked the Solicitor to determine whether or not contributions to the Open Space Fund are tax deductible.

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

Request For Payment – Remco, Inc. – Certification No. 2
Motion made by Mr. Horvath and seconded by Mr. Wagner to authorize payment in the amount of $5,637.85 to Remco, Inc., for work completed on the entrance lighting project at the Community Park, subject to Remco, Inc., submitting the required weekly payroll certifications to the Township.

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

Request For Payment – QC Laboratories, Inc. – Certification No. 1 (1st Quarter)
Motion made by Mr. Gilda and seconded by Mr. DeMatos to authorize payment in the amount of $5,442.25 to QC Laboratories, Inc., for annual laboratory testing services for the wastewater treatment and water distribution systems.

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

Corner Lot Equities Office Building, Lot 3 – Requested Time Extension to Complete Improvements
Motion made by Mr. Wagner and seconded by Mr. Horvath to approve the request of Corner Lot Equities to extend to July 1, 2013, the period to commence and complete the development as identified on the Corner Lot Equities Office Building Land Development Plan pursuant to Section 508(4)(ii) of the MPC.  

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

Stabler Traffic Improvements Agreement
Motion made by Mr. Gilda and seconded by Mr. Horvath to approve the Traffic Improvements and Settlement Agreement with Stabler Land Company 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.

Stabler Center Water System Improvements

Resolution No. 2010-27 – Authorizing Township Solicitor To Acquire Easements Through Condemnation Proceedings in Order to Construct and Maintain Waterline Improvements
Motion made by Mr. Horvath and seconded by Mr. Gilda  to adopt Resolution No. 2010-27 authorizing the Township Solicitor to take all legal steps necessary to acquire easements through condemnation proceedings  in order to construct, operate and maintain certain waterline improvements on property owned by Stabler Land Company at 3977 Route 309.

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

Settlement Agreement with Stabler Land Company
Motion made by Mr. Horvath and seconded by Mr. DeMatos to approve the Settlement Agreement with Stabler Land  Company amicably resolving the condemnation proceedings initiated by the Township in order to obtain an easement for the construction, operation and maintenance of a waterline through property owned by Stabler Land Company, 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.

Easement Agreement with Stabler Land Company
Motion made by Mr. Horvath and seconded by Mr. Wagner to approve an easement agreement with Stabler Land Company in order to construct and maintain a waterline through the property at 3977 Route 309 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.

Easement Agreement with Saucon Creek Office Park LP  
Motion made by Mr. Wagner and seconded by Mr. Gilda to approve an easement agreement with Saucon Creek Office Park LP in order to construct and maintain a waterline through the property at 3800 Sierra Circle 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.

Easement Agreement with Schoolhouse Equities
Motion made by Mr. Gilda and seconded by Mr. DeMatos to approve an easement agreement with Schoolhouse Equities in order to construct and maintain a waterline through the property at 4001 Schoolhouse Lane 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.

Easement Agreement with Saucon Creek Golf LP
Motion made by Mr. Wager and seconded by Mr. Horvath to approve an easement agreement with Saucon Creek Golf LP in order to construct and maintain a waterline through the property at 3200 Center Valley Parkway 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.

Award Bid For Water System Improvements at Stabler Corporate Center, Jared Drive and Main Street

Mr. Beil explained the various options available to the Board:

Option #1 – Water System Improvements at Stabler Corporate Center
Award the bid for water system improvements at Stabler Corporate Center to Imperial Excavating in the amount of $160,401.00.

Option #2 – Water System Improvements at Stabler Corporate Center and Jared Drive
Award the bid for water system improvements at Stabler Corporate Center and along Jared Drive to Imperial Excavating in the amount of $217,676.00.

Option #3 – Water System Improvements at Stabler Corporate Center and Main Street
Award the bid for water system improvements at Stabler Corporate Center and along Main Street to Marks Contracting LTD in the amount of $301,760.00.

Option #4 – Water System Improvements at Stabler Corporate Center, Jared Drive and Main Street
Award the bid for water system improvements at Stabler Corporate Center, Jared Drive and Main Street to Imperial Excavating in the amount of $359,971.00.

Motion made by Mr. Wagner and seconded by Mr. DeMatos to award the bid for water system improvements at Stabler Corporate Center, Jared Drive and Main Street (Option #4) to Imperial Excavating in the amount of $359,971.00.

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

CORRESPONDENCE AND INFORMATION ITEMS
None

DIRECTION/DISCUSSION ITEMS
Designation of “Neighborfest” as Official Name for Community Event at Park
Chairman Gutzmirtl questioned the name of the Township community event scheduled for September 25 noting that in an informal poll, few residents were able to correlate the new name with the community event. Several suggestions were made. The suggestions and the Board’s concerns were sent back to the Park and Recreation Commission for consideration.

BILLS, PAYROLL, AND COMMISSIONS
Prepaid Invoice List #05032010, dated 05/14/2010, for $213,141.97
Warrant List #05032010, dated 05/14/2010, for $732,942.43

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

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

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
The Board met in Executive Session to discuss a matter of potential litigation involving Blue Belle LLC and to receive an update from the Township Manager concerning police contract negotiations.

ADDITIONAL BUSINESS
Blue Belle Farms – Request For Time Extension

Motion made by Mr. Gilda and seconded by Mr. Horvath to deny the request of Blue Belle LLC for an extension of the Stipulation and Agreement entered into between Blue Belle LLC and the Township on October 20, 2004.

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

ADJOURNMENT
A motion was made by Mr. Wagner with a second by Mr. Gilda to adjourn the meeting.

The motion carried by a vote of 5 to 0.

______________________
Secretary