Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, June 9, 2008 - 6:00 p.m.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
Stephen C. Wagner, Vice Chairman
John E. Gilda, Jr.
Joseph M. Horvath
Joyce V. White
                                   
Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Sharyn Yeakel, Director of Community Development
Thomas Dinkelacker, Township Solicitor
Dennis 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 reminded residents that Family Fun Day will be held on Saturday, June 14, 2008 at 11:00 a.m., in the Township Park.

PRESENTATIONS
Proposed Women’s Fitness Camp at Upper Saucon Township Community Park
Certified Personal Trainer and Township resident, Suanne Rieker, appeared before the Board with a request to conduct a Women’s Fitness Camp at the Township Park. Noting she had already presented her proposal to the Park and Recreation Commission, Ms. Rieker began by summarizing her background and professional qualifications and the type of fitness program she would be conducting.

After Ms. Rieker’s presentation, Chairman Gutzmirtl told the Board he had attended the Park and Recreation Commission meeting where the proposal was heard. He suggested, as he did to Commission members, if the request was approved, Ms. Rieker be treated as a contractor allowing the Township to collect a fee for use of the Park.

Mr. Horvath inquired about any liability the program could create for the Township.

Ms. Rieker responded she carried liability insurance that she would provide to the Township, and in addition, she would also require all participants to sign a waiver releasing the Township and her of any responsibility in case of accident or injury.

Mr. Gilda asked about the policy for permitting use of the park, the procedure for granting approval, and how fees were established

Mr. Beil explained the usual process started with the Park and Recreation Commission. Sometimes the request moved on to the Board and sometimes it didn’t, depending on whether the use operated within the park rules and regulations. As for the park fees, Mr. Beil said they were already established depending upon the use.

A brief discussion took place regarding the days of the week and the time of day the program would operate, the location in the park the program would utilize, the cost of the program for residents versus non-residents, and the process that would be instituted to provide first priority to Township residents.

After all questions had been answered, a motion was made by Mrs. White and seconded by Mr. Wagner to approve the proposal of Suanne Rieker to conduct a women’s fitness camp at the Township Park and to engage the services of Ms. Rieker as an independent contractor to organize and lead said fitness camp, subject to Ms. Rieker entering into a professional services agreement with the Township in a form acceptable to the Township Solicitor.

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

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

The motion carried by a vote of 5 to 0.

PUBLIC HEARINGS
None

SUBDIVISIONS AND LAND DEVELOPMENTS
Blue Belle Farms Lot Consolidation Plan – Resolution No. 2008-21
A motion was made by Mr. Horvath and seconded by Mrs. White to adopt Resolution No. 2008-21 conditionally approving the Preliminary/Final Lot Line Adjustment Plan of Blue Belle, LLC for the consolidation of various properties located along Weyhill Drive and Station Avenue, which are owned by Blue Belle, LLC.

Chairman Gutzmirtl requested further explanation of the plan.

Ms. Yeakel provided the details of the lot line adjustment, including the location of the properties and how the Blue Belle Farms Lot Consolidation Plan related to the Blue Belle Farms Subdivision Plan.

Darrin Heckman of Lehigh Engineering was present on behalf of the applicant.  Mr. Heckman offered further details regarding the subdivision, such as which parcels were owned by whom and why the lot line adjustment was necessary.

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

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

The motion carried by a vote of 5 to 0.

PRESENTATIONS
Upper Saucon Township Environmental Advisory Council Annual Report
Thomas Gettings, Chairman of the Township’s Environmental Advisory Council, provided the Board with the group’s annual report of activities for the calendar year 2007. Mr. Gettings reviewed some of the highlights including the preparation of the draft Official Township Map, the proposed Earned Income Tax increase for the acquisition of open space, and the permanent preservation of over 48 acres in the Township. He also mentioned establishing a land rating system that aided council in making recommendations regarding the acquisition of additional park land in the Township.

Mr. Horvath told Mr. Gettings he was extremely excited by the synergy that existed between the members of council, adding the Township was lucky to have a group of such qualified and experienced people that were able to hit the ground running. Mr. Horvath also pointed out the members represent various vital organizations which allowed the council to begin already ahead of the game.

Mr. Gettings agreed with Mr. Horvath’s observations citing the circumstances surrounding the preservation of the Slekovac Property as a perfect example.

Mr. Wagner asked Mr. Gettings how the council will approach educating the public about the proposed Earned Income Tax increase.

Mr. Gettings said they would begin by completing a demographic study. Then the group would tap into print media to explain the benefits of the earned income tax increase, how the money will be used, and how it could prevent future increases in property taxes. He continued saying that while the entire council would be involved in all aspects of the campaign, one member in particular, Erin Frederick, would spearhead the effort working with Mr. Beil and the Township staff to disseminate the information.

Mr. Wagner was interested in council’s timetable for the campaign.

Mr. Gettings said the council and Ms. Frederick are still working on finalizing the timetable.

Mr. Horvath congratulated the council on their accomplishments saying they far exceeded his expectations.

Mr. Gilda asked if Mr. Gettings had ever heard of creating a fund held by a nonprofit group, where residents could contribute money to be used as needed for preservation of open space, historic locations, and farm land.

Mr. Gettings replied he had never heard of something like it, but assured Mr. Gilda that he would look into it.

James Ward, Vice Chairman of the Township’s Environmental Advisory Council, was also present at the meeting. He took a brief moment to commended Mr. Gettings on his leadership of the council.

Also present was Patrick Leonard, the Township Planning Commission’s liaison to the Environmental Advisory Council.

MINUTES
Regular Meeting of May 12, 2008
A motion was made by Mr. Horvath and seconded by Mr. Gilda to approve the minutes of the May 12, 2008 regular meeting of the Upper Saucon Township Board of Supervisors.

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

Chairman Gutzmirtl: Yes
Mr. Wagner: Yes
Mr. Gilda: Yes
Mr. Horvath: Yes
Mrs. White: Abstained

The motion carried by a vote of 4 to 0, with 1 abstention by Mrs. White, who did not attend the May 12, 2008 meeting.

COMMITTEE REPORTS
None

ORDINANCES
Ordinance No. 143 – Off-Line Flow Equalization Facilities (continued from previous Board meeting)
A motion was made by Mr. Horvath and seconded by Mr. Gilda to adopt proposed Ordinance No. 143 providing for the installation, use, and maintenance of off-line equalization facilities designed to receive, retain, and discharge sewage for residential and commercial users.

Mr. Wagner began the discussion saying while it was important to pass such an ordinance, he did not feel this particular ordinance was ready for approval. Furthermore, he said the Planning and Zoning Sub-Committee had met to discuss the ordinance and were recommending certain suggestions made by McGrath Homes be included in a revised version of the ordinance. He said a revised ordinance be drafted for consideration at the next Board of Supervisors meeting.

Mr. Beil told the Board the two points suggested by McGrath Homes that the Planning and Zoning Sub-Committee believed should be included in the revised ordinance were a provision allowing the installation of a concrete tank if desired and a change in the maintenance fee provisions that would provide a refund of unused funds if the facility were deconstructed before the 25 years used in the fee calculation.

Mr. Horvath withdrew his motion to adopt, and Mr. Gilda withdrew his second.

There was a short discussion about the suggestions made by McGrath Homes and what the recommendations from the Township’s Sewer Engineer were regarding those suggestions.

A motion was made by Mr. Wagner and seconded by Mrs. White to authorize the Township Solicitor to revise proposed Ordinance No. 143 to reflect the changes recommended by the Planning and Zoning Committee and to authorize advertisement of the revised Ordinance for possible adoption at the next regularly scheduled meeting of the Board of Supervisors.

The motion carried by a vote of 5 to 0.

RESOLUTIONS
None

MOTIONS
Sale of Aerialscope Fire Truck
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize the sale of the 1991 Mack CF Baker Aerialscope Fire Truck to Citizens Fire Company of Mahanoy City, PA for $101,000.00.

Mr. Horvath asked if this was the same truck that the Allentown Fire Department had been interested in, and Mr. Beil replied yes, but they wanted to acquire it at no cost.

Chuck Castetter, Upper Saucon Township Fire Chief, told the Board there was an appraisal performed on the truck and the bid submitted by Citizens Fire Company of Mahanoy City, PA, was well within the range given by the appraiser for the value of the truck.

Mr. Beil requested if the motion carried, the Board entertain a follow up motion that would authorize a donation to the Upper Saucon Township Volunteer Fire Department in the amount of $101,000 to be used toward the purchase of a new truck.

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

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

The motion carried by a vote of 5 to 0.

A motion was made by Mr. Horvath and seconded by Mr. Wagner authorizing a donation be made to the Upper Saucon Township Volunteer Fire Department in the amount of $101,000 to be used toward the purchase of a new truck.

The motion carried by a vote of 5 to 0.

Develop Additional Water Supply Source on Former Drewniany Property at 4241 Vera Cruz Road
A motion was made by Mr. Wagner and seconded by Mr. Horvath to authorize ARM Group, Inc., to study the property at 4241 Vera Cruz Road for the purpose of determining if the subject property is a suitable location for a municipal water supply well, pursuant to the proposal and fee schedule submitted by ARM Group, Inc., dated February 13, 2008.

The motion carried by a vote of 5 to 0.

Release of Funds – Penn’s View South Subdivision (Blue Ridge Chase) – Certification No. S-1
A motion was made by Mr. Horvath and seconded by Mr. Gilda to authorize the release of construction security in the amount of $147,938.54 for Penn’s View South (Blue Ridge Chase) Subdivision in accordance with the Township Sewer Engineer’s recommendation made by a letter dated May 23, 2008.

The motion carried by a vote of 5 to 0.

Request for Payment – Aqua Net Environmental, Inc. – Certification No. 2
A motion was made by Mr. Gilda and seconded by Mr. Wagner to authorize payment in the amount of $55,665.00 to Aqua Net Environmental, Inc., for work completed on the return activated sludge system at the Sewage Treatment Plant.

The motion carried by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

DIRECTION / DISCUSSION ITEMS
Zoning Hearing Board Agenda – June 16, 2008
Mr. Beil briefly reviewed the five appeals on the June 16, 2008 Zoning Hearing Board agenda, noting the Board had already directed the solicitor to oppose the Castle Dental zoning appeal.

The Board decided not to take a position on any of the other zoning appeals.

Installation of Fire Hydrants
Mr. Beil said this agenda item was for informational purposes only and no action by the Board was required. He merely wanted the Board to be aware of the work being performed and the fire hydrant tax that will be imposed on residents living within a certain distance of the newly installed hydrants.

A short conversation ensued between Messrs. Wagner, Beil and Harman over the timeline for the installation of the hydrants and notification of residents affected.

Possible Changes to Committee Assignments and Attendance of Board Liaisons at Municipal Authority Meetings
Chairman Gutzmirtl said due to the censuring of Mrs. White, the Board must consider changes to Committee assignments and who would attend the monthly Municipal Authority meetings as a Board Liaison.

The new Committee assignments are as follows:

Planning and Zoning Committee
Stephen Wagner, Chair
Miro Gutzmirtl

Public Works and Transportation Committee
John Gilda, Chair

Administration and Finance Committee
Joseph Horvath, Chair
John Gilda

Emergency Services Committee
Stephen Wagner, Chair

Recreation and Culture Committee
Miro Gutzmirtl, Chair
Stephen Wagner

Open Space/EAC Liaison Committee
Joseph Horvath, Chair
Miro Gutzmirtl

The consensus of the Board was that one member each month was sufficient as a Municipal Authority Liaison. The assignments for the months remaining in 2008 are as follows:

Municipal Authority Liaison Committee
June – Joseph Horvath
July – Joseph Horvath
August – John Gilda
September – Stephen Wagner
October – Miro Gutzmirtl
November - Miro Gutzmirtl
December - Joseph Horvath

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #05272008 dated 06/06/2008…………..$588,902.01
Warrant List #05272008 dated 06/06/2008…………………..$       511.61

A motion was made by Mr. Horvath and seconded by Mr. Gilda to authorize payment of the Prepaid Invoice List and Warrant List #05272008 dated 06/06/2008.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
Tom Voortman – 1655 East Oakhurst Drive and Steve Hirko – 1645 East Oakhurst Drive – Mr. Voortman and Mr. Hirko came before the Board to ask their assistance with a situation involving a proposed car wash along Route 378 in Lower Saucon Township.  Mr. Voortman and Mr. Hirko, as well as others on their street, were being asked to connect to sewer lines that were being installed to provide public sewer service to the proposed car wash. While neither resident objected to the connection, they were questioning the location of where they would connect. Both Mr. Voortman and Mr. Hirko felt there was an easier, less costly way for them to connect to the line and wanted to know if the option would be considered.

Mr. Beil said he would have Mr. Schreiter, the Township’s Sewer Engineer, examine the situation and get back to Mr. Voortman and Mr. Hirko.

Chairman Gutzmirtl requested the Board be informed of Mr. Schreiter’s findings as well.

EXECUTIVE SESSION
An executive session was held to discuss pending litigation involving the Township.

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

The motion carried by a vote of 5 to 0.

                                                                       
Secretary