Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, June 1, 2009 - 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
Jeffrey Dimmich, Township Solicitor
Dennis E. 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 read a letter sent to the Township from Bill Seasholtz thanking firefighters for their quick response to a fire at his home on Liberty Creek Parkway. The incident occurred on May 23rd. Their quick action saved a major portion of his home.

Chairman Gutzmirtl also announced that Family Fun Day festivities would be held on June 13th. The annual event is run by the Park and Recreation Commission and promises to be the best ever.

RESIGNATION OF JOYCE V. WHITE FROM BOARD OF SUPERVISORS
Chairman Gutzmirtl announced that Joyce V. White submitted her resignation from the Board effective April 28, 2009. Ms. White has moved out of the Township. Mr. Wagner made a motion to accept the resignation. Mr. Horvath seconded the motion. The motion was adopted by a vote of 4 to 0.

FILL VACANCY ON BOARD OF SUPERVISORS CREATED BY RESIGNATION OF JOYCE V. WHITE
Mr. Wagner made a motion to appoint Joaquim “Jack” DeMatos to the Upper Saucon Township Board of Supervisors to fill the vacancy created by the resignation of Joyce V. White. Mr. Horvath seconded the motion. The motion was adopted by a vote of 4 to 0.

Mr. DeMatos took the Oath of Office prior to assuming his duties as Township Supervisor.  Mr. DeMatos took the Oath of Office before a Notary and a copy of the Oath was filed with the Township Secretary.

MICHAEL PIOSA – APPLICATION FOR CONDITIONAL USE APPROVAL – LANARK ESTATES
Chairman Gutzmirtl announced that the application of Michael Piosa for the construction of 14 single family detached dwellings on 33.51 acres at 3318 Lanark Road and 4530 Vera Cruz Road had been withdrawn by the applicant earlier in the day. The proposal had received an unfavorable review from the Planning Commission.

SUBDIVISIONS AND LAND DEVELOPMENTS
The Lanark Estates Subdivision proposal was withdrawn by the applicant, Michael Piosa, on June 1, 2009.

MINUTES
None

ORDINANCES
Ordinance No. 67-JJ – Establishing New Speed Limit On Liberty Road
Mr. Horvath made a motion to adopt Ordinance No. 67-JJ establishing a 25 mph speed limit on Liberty Road.  The motion was seconded by Mr. DeMatos. There was no discussion and the motion was adopted by a vote of 5 to 0.

RESOLUTIONS
Resolution No. 2009-31 – Intent To Follow Most Recent Version of Municipal Records Manual
Resolution No. 2009-31 declares the Township’s intent to follow the schedules and procedures for disposition of records as set forth in the Municipal Records Manual approved on December 16, 2008 by the Local Government Records Committee.

Motion made by Mr. Wagner and seconded by Mr. DeMatos to adopt Resolution No. 2009-31. The motion was adopted by a vote of 5 to 0.

Resolution No. 2009-32 – Disposition of Township Police Records
Resolution 2009-32 authorizes the disposition of certain police records in accordance with the schedules and procedures established in the Municipal Records Manual. Mr. Beil recommended amending Resolution No. 2009-32 by changing the first recital clause to read as follows:  “Whereas, by virtue of Resolution No. 2009-31, adopted on June 1, 2009, the Township of Upper Saucon declared its intent to follow the schedules and procedures for the disposition of records as set forth in the Municipal Records Manual approved December 16, 2008; and”

It was the consensus of the Board to amend Resolution No. 2009-32 in accordance with the Township Manager’s recommendation.

Motion made by Mr. Horvath and seconded by Mr. Gilda to adopt Resolution No. 2009-32, as amended. There was no Board discussion and the motion was adopted by a vote of 5 to 0.

Resolution No. 2009-33 – Appointment of Special Fire Police
Resolution 2009-33 appoints various individuals listed in the resolution to serve as Special Fire Police for Upper Saucon Township.

Motion made by Mr. Wagner and seconded by Mr. Horvath to adopt Resolution No. 2009-33. There was no Board discussion and the motion was adopted by a vote of 5 to 0.

MOTIONS
Request For Waiver From Ordinance Regulating Ground Source Heat Pumps
Motion made by Mr. Gilda and seconded by Mr. DeMatos to approve the request of Keith Hoeing for a waiver from the well separation distance requirement set forth in Section 3.3 of Ordinance No. 114 in order to allow the installation of geo-thermal sub-surface loops that would be located approximately 30 feet from an existing drinking water well on the property at 5469 Saucon Ridge Road, conditioned upon the property owner’s compliance with the recommendations contained in the April 29, 2009 SAIC review letter.

Solicitor Dimmich explained that Ordinance No. 114 does not allow sub-surface loops to be located within 100 feet of a well. Mr. Hoeing explained that he was not aware of this requirement and installed the geo-thermal system without obtaining the necessary permits.

Solicitor Dimmich did note to the Board that the Ordinance did not contain a provision to allow for a waiver. He recommended that the Ordinance be altered sometime in the future to allow for a waiver.

Mr. Gutzmirtl reviewed the site and understood the difficulty of the situation. A significant number of mature trees would need to be removed to comply with the requirements. Mr. Gutzmirtl noted that the mature tree stands have a benefit to the Township. Mr. Horvath concurred in this assessment.

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

Award Bid For Storm Sewer Pipe
Motion made by Mr. Horvath and seconded by Mr. Wagner to award the bid for storm sewer pipe to Exeter Supply Company in the amount of $11,472.00.

There was no Board discussion. The motion was adopted by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

DIRECTION / DISCUSSION ITEMS
Zoning Hearing Board Agenda – June 8. 2009
Mr. Beil noted that there was an appeal from the homeowner, Kris Ann Check, to establish a pet grooming service as a home occupation at 5196 Tilghman Street. The Supervisors decided to let the Zoning Hearing Board handle the application without intervention by the Township.

Township Revenue/Expenditure Analysis – First 4 Months of 2009
Assistant Township Manager Robert Kassel summarized the information contained in the Township revenue/analysis for the first four months of 2009.  In general, he concluded that the revenue and expenditures were in line with the revenue and expenditures during the same period in 2008. Mr. Kassel explained that the June comparison would give a more accurate comparison to prior year financials.

Revised Committee Assignments
Chairman Gutzmirtl announced the following revised committee assignments for the remainder of the 2009 calendar year:

Planning and Zoning Committee – 2nd Monday of each month at 10:00 am
Stephen Wagner, Chair
Miro Gutzmirtl

Public Works and Transportation Committee – 2nd Monday of each month at 5:00 pm
John Gilda, Chair
Joseph Horvath
       
Administration and Finance Committee – 2nd Monday of each month at 6:00 pm
Joseph Horvath, Chair
John Gilda

Emergency Services Committee – 2nd Monday of each month at 9:00 am
Stephen Wagner, Chair
Miro Gutzmirtl

Recreation and Culture Committee – 3rd Wednesday of each month at 7:00 pm
(will meet jointly with Park & Recreation Commission)
Jack DeMatos, Chair
Miro Gutzmirtl

Open Space / EAC Liaison Committee – 3rd Tuesday of each month at 6:00 pm
 (will meet jointly with EAC)
Joseph Horvath, Chair
Jack DeMatos

Appointments Review Committee – meetings will be scheduled on as-needed basis
Miro Gutzmirtl, Chair
Stephen Wagner

Police Pension Committee – Meet As Needed
John E. Gilda, Jr.
Joseph M. Horvath
Joseph Pochran

Non-Uniformed Pension Committee – Meet As Needed
Joseph M. Horvath
Thomas E. Young
Lyne E. Miller

Representatives to the Lehigh County Council of Governments
Miro A. Gutzmirtl
Stephen Wagner
Thomas F. Beil

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #06012009 dated 05/29/2009………….$412,074.46
Warrant List #06012009 dated 05/29/2009………………….$433,330.53

A motion was made by Mr. Horvath and seconded by Mr. Gilda to authorize payment of the Prepaid Invoice List and Warrant List #06012009 dated 05/29/2009.

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

At the Supervisors meeting of May 4, 2009, the Board tabled a request by Joyce V. White to be reimbursed for hotel costs and mileage expenses incurred while attending the annual PSATS conference. Mr. Beil noted that Mrs. White did not include meal expenses in her reimbursement request even though the Township, in the past, reimbursed Supervisors for this type of expense. Mrs. White only requested reimbursement for her hotel room and mileage. Mrs. White provided a certificate as evidence that she attended the conference. Mr. Horvath agreed that it is imprudent for a Supervisor to attend a conference when he/she is anticipating to resign from the Board. 

Mr. Gilda made a motion to reimburse Joyce V. White for hotel and mileage expenses incurred while attending the PSATS conference.  Mr. Horvath seconded the motion and the Chairman asked for a roll call vote. The results were as follows:

Chairman Gutzmirtl: No
Mr. Wagner:               Yes
Mr. Horvath                Yes
Mr. Gilda                    Yes
Mr. DeMatos              Yes

The motion was adopted by a vote of 4 in favor and 1 against.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
Rod Chirumbolo of 3514 Courtney Drive addressed the Board concerning the condition of the public improvements at the Sunrise Valley subdivision. He cited the existing situation where roads remained unpaved and asked for a timeframe on when the project will be completed by the developer, Lennar Corporation. Mr. Beil said that Chris White, Project Manager for Lennar, informed him that paving would begin in mid-July and that punchlist items would begin on June 3rd.    A discussion ensued concerning the status of the public improvements at Sunrise Valley and the Township’s ability to pull the construction security. Solicitor Dimmich noted that the construction security for Sunrise Valley is in the form of a bond, not a letter of credit.  Solicitor Dimmich said it is more difficult to pull a bond than it is a letter of credit.

Motion was made by Mr. Horvath and seconded by Mr. Gilda to authorize the Township Solicitor to pull the construction security for the public improvements if Lennar Corporation fails to meet the following timeframes for commencing and completing public improvements at the Sunrise Valley subdivision: 

1. Commence paving work by July 31, 2009, and
2. Substantially complete all public improvements by August 31, 2009

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

EXECUTIVE SESSION
An executive session was held to discuss potential land acquisition.

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

The motion carried by a vote of 5 to 0.

                                                                       
Secretary