Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, June 12, 2006 - 6:00 P.M.
Township Municipal Building

Members Present:
Stephen C. Wagner, Chairman
James H. White, Sr.
Joyce V. White
Joseph M. Horvath

Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Jeffrey Dimmich, Township Solicitor

CALL TO ORDER
Chairman Wagner 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 Wagner asked all in attendance to stand and recite the “Pledge of Allegiance.”

PUBLIC HEARINGS
None

PUBLIC COMMENT
Public Comment is summarized as follows:

Al Siess – 6460 Blue Church Road – Mr. Siess voiced concern over the Township falling victim to urban sprawl in the future. He said with developers coming to the Township with plans to build high density developments and threatening lawsuits to get their way, the possibility of urban sprawl in Upper Saucon Township was becoming more likely. Mr. Siess urged the Supervisors not to give in to large corporate developers.  Instead, he said, the Township should update its Zoning Ordinance and enforce its current provisions.

Mr. Siess also shared his disfavor for the recently adopted Ordinance 79-ZZ and 50-I saying they penalize smaller property owners. He believed the adoption of these ordinances could result in severe economic hardship for a multitude of residents.

Chairman Wagner responded the flag lot issue is very complex. He assured Mr. Siess that the planning consultant hired to review and revise the Township’s SALDO and Zoning Ordinance would re-examine the flag lot issue. In addition, Chairman Wagner said he shared Mr. Siess’s concern that the ordinances could drive smaller property owners to collectively sell to one developer who would, in turn, build one large development.

Attorney Dimmich reminded the Board that for those experiencing a hardship, waivers and exceptions are always a possibility.

Gretel Ruppert – 5201 Mountainside Lane – Mrs. Ruppert began by complimenting the Board’s latest newsletter saying she was glad to see the new Board expressing what they plan to achieve, instead of focusing on what past Supervisors have already done.

Secondly, Mrs. Ruppert suggested that instead of canceling the next meeting, the Board use the time to hold an open forum to discuss issues important to the residents.

Charles Ruppert – 5201 Mountainside Lane – Mr. Ruppert spoke as a follow-up to Mr. Siess’s comments, reiterating the huge boom in development, not only in the Township, but in surrounding areas as well. He offered the theory that if a municipality continually revises and updates their ordinances, development in that municipality can be controlled.

David Beecham 5738 Applebutter Hill Road - Mr. Beecham encouraged the Township not to give in to the threats of developers. He said it may be cheaper to do so in the short-term given the cost of legal fees, but it isn’t cheaper in the long-term when the cost is weighed against what is lost.

SUBDIVISIONS AND LAND DEVELOPMENTS
None

PRESENTATIONS
None

MINUTES
Regular Minutes of October 11, 2005
A motion was made by Mr. White and seconded by Mrs. White to approve the minutes of the October 11, 2005 regular meeting of the Upper Saucon Township Board of Supervisors.

The vote was as follows:

Chairman Wagner – Yes
Mrs. White – Yes
Mr. White – Yes
Mr. Horvath – Abstained
Mr. Gutzmirtl – Absent

The motion carried by a vote of 3 to 0, with Mr. Horvath abstaining.

Regular Meeting of October 25, 2005
This item was removed from the agenda.

COMMITTEE REPORTS
The Board reviewed the following Committee Reports:

• Public Works Committee Meeting of May 1, 2006
• Recreation & Culture Committee Meeting of May 15, 2006

Copies of the Committee Reports were made available to the public.

ORDINANCES
None

RESOLUTIONS
None

MOTIONS
Request for Payment – Michael F. Ronca & Sons, Inc.
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize payment in the amount of $425,930.73 to Michael F. Ronca & Sons, Inc., for work completed on the Applebutter Hill Water Storage Tank.

Chairman Wagner asked if the prevailing wage certifications were provided for this request, to which Mr. Beil responded yes.

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

Award Bid for Crack Sealing, Micro-Surfacing & Bituminous Seal Coating of Township Roads – Bid No. 2006-07
A motion was made by Mr. White and seconded by Mrs. White to award the micro-surfacing bid to Asphalt Paving Systems, Inc., in the amount of $47,727.30.

Mr. White was surprised that the next lowest bidder to Asphalt Paving Systems, Inc., was 40% higher.

Chairman Wagner was disappointed by the bid response commenting he would like to see a larger number of submissions.

Mr. Harman said part of the reason for the low bid response was due to the specialized nature of the work.

Chairman Wagner asked if the bid price in question was reasonable.

Mr. Harman confirmed that the bid price was reasonable.

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

A motion was made by Mrs. White and seconded by Mr. White to award the crack sealing and bituminous seal coat bid to Asphalt Maintenance Solutions in the amount of $101,520.45.

Chairman Wagner asked if the bid price in question was reasonable.

Mr. Harman said it was difficult to answer the question because only one bid response was received and his firm had not prepared seal coating bids in several years.

A short discussion ensued among Board members, which included comments from Mr. Harman, regarding the various specifications and the corresponding quotes contained on the bid tabulation sheets.

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

Request for Payment – Joao & Bradley Construction Co., Inc.
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize payment in the amount of $44,875.00 to Joao & Bradley Construction Co. Inc., for work completed on the Chestnut Hill Road Water and Sewer Line Extension Project.

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

Release of Funds – Valley View Subdivision
A motion was made by Mrs. White and seconded by Mr. White to authorize the release of construction security in the amount of $35,735.00 for the Valley View Subdivision in accordance with the Keystone Consulting Engineer’s recommendation made by letter dated May 17, 2006.

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

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

DIRECTION / DISCUSSION ITEMS
Zoning Hearing Board Agenda for June 19, 2006
Mr. Beil reviewed the Zoning Hearing Board Agenda for June 19, 2006.

After a lengthy discussion of each new appeal, the Board decided, by consensus, not to weigh in on any of the appeals leaving all decisions to the Zoning Hearing Board.

Hiring an Additional Equipment Operator for the Water/Sewer Department
Mr. Beil gave the Board background on this request, explaining when the 2006 budget was created, the Water and Sewer Department was in need of a Laborer. In recognition of that need, funds were set aside to fill that position. But as the Department’s workload increased, it became apparent that an Equipment Operator was needed instead of a Laborer.  Hiring an Equipment Operator instead of a Laborer, Mr. Beil explained, would have no impact on the 2006 budget even though the wages for an Equipment Operator are higher than that of a Laborer.  Mr. Beil said the 2006 budget included funds for an additional Laborer for 45 weeks of calendar year 2006.  Because we are almost half-way through the year, if an Equipment Operator is hired and begins employment as of July 10, wages would only be paid to this employee for 25 weeks of calendar year 2006.  The funds originally allocated for the Laborer position would be reallocated to cover the cost of the Equipment Operator position.  Additional funds would have to be set aside for 2007, since the yearly salary for an Equipment Operator is higher than that of a Laborer.

A motion was made by Mrs. White and seconded by Mr. White to authorize the hiring of an Equipment Operator for the Township’s Water and Sewer Department.

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

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #05232006 dated 06/09/2006………..$698,613.54
Warrant List #05232006 dated 06/09/2006………………..$178,670.23

A motion was made by Mrs. White and seconded by Mr. Horvath to authorize payment of the Prepaid Invoice List and Warrant List #05232006 dated 06/09/2006.

Mr. White asked that a copy of one invoice be provided to him by the Township staff at a later date.

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

ADDITIONAL BUSINESS
Invoice for Township Signal Upgrade Project
Chairman Wagner reviewed the request for payment from Signal Services, Inc., in the amount of $55,222.20 for work completed on the Township’s Signal Upgrade Project.
Mr. Harman reviewed the scope of the work completed.

A motion was made by Mrs. White and seconded by Mr. White to approve the request for payment from Signal Services, Inc., in the amount of $55,222.20 for work completed on the Township’s Signal Upgrade Project contingent upon the Township receiving the appropriate payroll certificates required under the Prevailing Wage Act.

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

COURTESY OF THE FLOOR
Charles Ruppert – 5201 Mountainside Lane – Mr. Ruppert asked the Board to look into utilizing the provisions of the Township’s tree removal ordinance that allows property owners to remove three (3) trees a year as a way to resolve the Zoning Hearing Board Appeal No. 2006-10. The appeal requested a variance from Article 15, Section 1529.A.7.j of the Zoning Ordinance to allow timber harvesting on portions of the applicants’ properties within the 50-foot “No Logging” Buffer Zone along abutting properties.

Al Siess – 6460 Blue Church Road – Mr. Siess suggested someone from the Township visit the site that was the subject of Zoning Hearing Board Appeal No. 2006-10 because the removal of some trees from the buffer zone may not detract from the properties’ overall aesthetics.

David Beecham – 5738 Applebutter Hill Road - Mr. Beecham commented that the problem with the logging situation is what would be left after the logging company was finished. The logging company would take only the most desirable of trees leaving the underbrush and unwanted trees causing the land to look destroyed and unattractive.

Mr. Beecham also said he would be wary of hiring an Equipment Operator and expecting that person to also do work that would be the job of a Laborer.

Mr. Beil responded that with a workforce as small as the Township’s Water and Sewer Department, workers are told upon their hire that they may be expected to perform duties outside of their original job titles.

EXECUTIVE SESSION
The Board met in Executive Session to discuss potential litigation concerning property condemnation and possible land acquisition.

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

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

                                                                       
Secretary