Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, June 21, 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
Kevin Farnish, 215 Hilltop Road Coopersburg – Mr. Farnish asked the Board to consider joining with Coopersburg and Channel 69 News in a program that offers smoke detectors to residents. Mr. Farnish is the Fire Chief in Coopersburg. Chairman Gutzmirtl asked that he present the program’s documentation to the Township Manager for review.

CHAIRMAN’S REMARKS
None

RESOLUTION NO. 2010-25 – RECOGNITION OF ZAC M. BRASS FOR ATTAINING THE RANK OF EAGLE SCOUT
Motion made by Mr. Wagner and seconded by Mr. Horvath to adopt Resolution No. 2010-25 recognizing Zac M. Brass 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.

PRESENTATION BY TOM GETTINGS AND ERIN FREDERICK OF THE ENVIRONMENTAL ADVISORY COUNCIL – ANNUAL REPORT OF COUNCIL ACTIVITIES FOR THE CALENDAR YEAR 2009
Tom Gettings, Chairman of the Environmental Advisory Council (EAC) and Erin Frederick, Vice Chairwoman of the EAC, presented the Annual Report of the council’s activities for calendar year 2009.  The presentation highlighted the year’s accomplishments and outlined its goals for 2010.

Chairman Gutzmirtl thanked the EAC members for the report and emphasized the importance of the group in maintaining the Township’s unique character with its open space initiatives.

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. 

This public hearing is a continuation of previous public hearings held on April 26, 2010 and May 17, 2010.  Attorney Dinkelacker explained that the primary purpose of tonight’s hearing is to give the applicant’s attorney the opportunity to question Kent Littlefield, the Township’s Geo-technical Consultant.

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. 

Attorney Shaffer presented Applicant Exhibits A-5 and A-6.  The exhibits were admitted without objection.

Attorney Shaffer asked Mr. Littlefield a series of questions concerning Mr. Littlefield’s background and experience.  Mr. Littlefield responded to Attorney Shaffer’s questions. 

Mr. Littlefield responded to a number of questions posed by Attorney Shaffer concerning the following:

• The risk of subsidence at the site.
• Potential seismic activity at the site.
• Test borings at the site.
• Sinkhole mitigation techniques employed at the Swim In Zone site.
• Mr. Littlefield’s Powerpoint presentation at the May 17, 2010 hearing.

Messrs. Sander and Coston gave testimony in support of the applicant’s request for conditional use approval.

Attorney Shaffer provided concluding remarks which summarized the applicant’s position as to why the conditional use application should be approved.

The Board met in Executive Session to review the testimony presented during the hearing.

The Board returned from Executive Session.

Board Action on Conditional Use Application of Saucon Creek Road LP
Motion made by Mr. Gilda and seconded by Mr. DeMatos to deny the Conditional Use Application of Saucon Creek Road LP due to insufficient data produced by the applicant to determine compliance with Sections 1403 and 1402 of the Zoning Ordinance as set forth in Mr. Littlefield’s letter of January 29, 2010.

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

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
Toscana Final Subdivision Plan – Resolution No. 2010-31
Motion made by Mr. Wagner and seconded by Mr. DeMatos to adopt Resolution No. 2010-31 conditionally approving the Final Subdivision Plan of Premier Land Development for a 43 lot residential subdivision on 197+/- acres at 1600 Taylor Drive. 

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

Barker-Brown Lot Line Adjustment – Resolution No. 2010-32
Motion made by Mr. Wagner and seconded by Mr. Gilda to adopt Resolution No. 2010-32 conditionally approving the Preliminary / Final Lot Line Adjustment Plan of Barbra Barker to adjust the lot line between Lots 51 and 52 in the Weyhill Woods Subdivision.

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

MINUTES
Regular Meeting of May 17, 2010
Motion made by Mr. Horvath and seconded Mr. DeMatos to approve the Regular Meeting minutes of May 17, 2010.

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

COMMITTEE REPORTS
Chairman Gutzmirtl reported that the Park and Recreation Commission agreed to name the autumn community festival “Neighborfest” and is seeking volunteers to help staff the event. A new feature of the festival will be to honor the Township’s volunteers.

ORDINANCES
None

RESOLUTIONS
Resolution No. 2010-29 – Appointment of Special Fire Police
Motion made by Mr. Horvath and seconded by Mr. Wagner to adopt Resolution No. 2010-29 appointing various individuals to serve as Special Fire Police for Upper Saucon Township.

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

MOTIONS
Request For Payment – Quinn Construction Company, Inc. – Certification No. 3
Motion made by Wagner and seconded by Mr. Gilda to authorize payment in the amount of $27,747.00 to Quinn Construction Company, Inc., for concrete repair work completed on the Aeration Tank at the Sewage Treatment Plant.

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

Request For Payment – R. H. Odenheimer Company – Certification No. 1
Motion made by Mr. DeMatos and seconded by Mr. Horvath to authorize payment in the amount of $18, 293.96 to R.H. Odenheimer Company for drilling and testing a new public water supply well on the Gun Club property at 7600 Blue Church Road South, subject to R.H. Odenheimer Company submitting the required weekly payroll certifications to the Township.

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

Request For Payment – Musser Sewer & Septic, LLC – Certification No. 1
Motion made by Mr. Horvath and seconded by Mr. Wagner to authorize payment in the amount of $23,300.00 to Musser Sewer & Septic, LLC for repairing cracked and/or broken sanitary sewer pipes at various locations throughout the Township.  

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

Request For Payment – Eastern Environmental Contractors, Inc. – Certification No. 1
Motion made by Mr. DeMatos and seconded by Mr. Horvath to authorize payment in the amount of $5,850.00 to Eastern Environmental Contractors, Inc., for work on the grit handling system at the Sewage Treatment Plant.

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

Park & Recreation Commission – Resignation of Current Member and Appointment of New Member

Motion made by Mr. Horvath and seconded by Mr. Wagner to accept the resignation of William Lycett from the Park & Recreation Commission effective immediately.

Chairman Gutzmirtl thanked Mr. Lycett for his service to the Township.

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

Motion made by Mr. Wagner and seconded by Mr. Horvath to appoint George A. Calaba, Jr., to the Upper Saucon Township Park & Recreation Commission for a partial term expiring on December 31, 2012.

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

Appointments to Southern Lehigh Public Library Board of Directors

Motion made by Mr. Horvath and seconded by Mr. Wagner to appoint Robert Blumenstein to the Southern Lehigh Public Library Board of Directors for a three year term expiring on June 30, 2013.

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

Motion made by Mr. Wagner and seconded by Mr. Horvath to appoint Sidney Stevens to the Southern Lehigh Public Library Board of Directors for a three year term expiring on June 30, 2013.

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

Motion made by Mr. Wagner and seconded by Mr. Horvath to appoint Chris Ebel to the Southern Lehigh Public Library Board of Directors for a three year term expiring on June 30, 2013.

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

CORRESPONDENCE AND INFORMATION ITEMS
None

DIRECTION/DISCUSSION ITEMS
Presentation by Kent Baird of Wildlands Conservancy – Open Space Funding Analysis
Mr. Baird gave a brief presentation on the services the Wildlands Conservancy offers with respect to open space preservation. Chairman Gutzmirtl advised that appointments to the Open Space Study Committee will be made within the next few weeks.  Mr. Gutzmirtl asked that Mr. Baird make a similar presentation to the Open Space Study Committee when they hold their first meeting.

BILLS, PAYROLL, AND COMMISSIONS
Prepaid Invoice List #06072010, dated 06/18/2010, for $834,720.97
Warrant List #06072010, dated 06/18/2010, for $287,190.13

Motion made by Mr. Gilda and seconded by Mr. Horvath 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 personnel issues and police contract negotiations.

The Board returned from Executive Session.

ADDITIONAL BUSINESS
None

ADJOURNMENT
Motion made by Mr. Wagner and seconded by Mr. Gilda to adjourn the meeting.

The motion carried by a vote of 5 to 0.

______________________
Secretary