Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, July 10, 2006 - 6:00 P.M.
Township Municipal Building

Members Present:
Stephen C. Wagner, Chairman
Miro A. Gutzmirtl, Vice 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
Dennis Harman, P.E., Township Engineer

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
El Cactus Ltd. Co. – Intermunicipal Liquor License Transfer
A public hearing was held to accept public comment and input regarding a request from El Cactus Ltd. Co., to transfer Liquor License No. R-16327 from an existing establishment in the City of Allentown to the proposed Casa Toro Mexican Grill at 7001 Route 309 in Upper Saucon Township.

Attorney Dimmich handled the proceedings on behalf of the Township.

Attorney Theordore J. Zeller of Tallman, Hudders & Sorrentino in Allentown, as well as the applicants, Terry and Lucy Sheffer, were present for the hearing. They provided details of the proposed establishment (i.e. hours of operation, number of seats, type of food and beverages offered, etc.), and addressed several questions and concerns brought up by Board members.

Gretel Ruppert of 5201 Mountainside Lane had questions about take out services at the proposed restaurant.

Attorney Zeller said there would be take out food and alcohol.
Mrs. Ruppert also asked who would be responsible for certain activities at the shopping center where the restaurant would be located.  Attorney Dimmich said the owner of the shopping center would be responsible.

Resolution No. 2006-31 – Approval of El Cactus Ltd. Co., Intermunicipal Liquor License Transfer
A motion was made by Mr. White and seconded by Mrs. White to adopt Resolution No. 2006-31 approving the request from El Cactus Ltd Co., to transfer Liquor License No. R-16327 from an existing establishment in the City of Allentown to the proposed Casa Toro Mexican Grill at 7001 Route 309 in Upper Saucon Township.

The vote was taken by roll call, and the results were as follows:
           
Chairman Wagner: Yes
Mr. Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 5 to 0.

PUBLIC COMMENT
Public Comment is summarized as follows:

Anthony Caruso – 4971 Chestnut Hill Road – Mr. Caruso wanted to make the Board aware of a large piece of land in the Township that was available for purchase. He asked that if the Township was interested in possibly acquiring the land, someone contact him within 24 hours.

SUBDIVISIONS AND LAND DEVELOPMENTS
Dove Minor Subdivision – Resolution No. 2006-35
A motion was made by Mrs. White to adopt Resolution No. 2006-35 conditionally approving the Preliminary and Final Minor Subdivision Plans of Barbara Dove to create a new residential building lot behind the existing dwelling at 6334 Glen Road.

Chairman Wagner inquired about a deadline for approval with regard to the request

Mr. Beil said the Board has until July 31, 2006 to take action on the Plan.

Jay Musselman, professional land surveyor, was present on behalf of the applicant and confirmed Mr. Beil’s response.

With no second to Mrs. White’s motion, Chairman Wagner declared the motion dead, and asked the Township Solicitor to address what options the Board had at that point.

Attorney Dimmich explained if the Board failed to take action by the deadline of July 31, 2006, the Plan would be deemed approved without any conditions.  If action was taken, he said, the Board had two options. The first, to approve the Plan with conditions and allow the applicant to reject or accept the conditions within ten (10) days. The second, to outright deny approval of the Plan which could only be done if direct citation of specific provisions that support the denial could be provided.

Mr. White asked if the recreation fees imposed should be included in the Resolution.

A brief discussion was held concerning the amount of the fees imposed and whether or not the Resolution should be amended to include the recreation fees.

Prompted by a question posed by Mr. Gutzmirtl, Mr. Harman reviewed the waivers associated with the plan.

A brief discussion among Board members followed regarding the four (4) waivers.

A motion was made by Mrs. White and seconded by Mr. White to adopt Resolution No. 2006-35 conditionally approving the Preliminary and Final Minor Subdivision Plans of Barbara Dove, along with the associated four (4) waivers and conditions as drafted, but adding language to set forth the recreation fees imposed.

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

Chairman Wagner: Yes
Mr. Gutzmirtl: No
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 4 to 1.

PRESENTATIONS
None

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

Regular Meeting of November 22, 2005
This item was removed from the agenda.

Regular Meeting of December 3, 2005
This item was removed from the agenda.

COMMITTEE REPORTS
The Board reviewed the following Committee Report:

• Emergency Services Committee Meeting of July 3, 2006

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

ORDINANCES
None

RESOLUTIONS
Resolution No. 2006-32 – Appointment of Special Fire Police
A motion was made by Mr. White and seconded by Mrs. White to adopt Resolution No. 2006-32 confirming the appointment of various individuals to serve as Special Fire Police for Upper Saucon Township.

Those appointed were as follows: Robert Fulford, Steven Schlegel, John Rutkiewicz, Danny Groff, Roy Wentz, Charles Castetter (Reserve), Nicole Castetter (Reserve), Keith Binkley (Reserve), Mark Binkley (Reserve), David Bruch (Reserve), Timothy Byrne (Reserve), Gerry Cozzolino (Reserve), Danny George (Reserve), Brennen Harding (Reserve), Robert Jones (Reserve), David Morrell (Reserve), and Rick Simko (Reserve).

The motion carried by a vote of 5 to 0.

Resolution No. 2006-33 – Appointment of Brian J. Miller as Alternate Sewage Enforcement Officer
A motion was made by Mrs. White and seconded by Mr. Gutzmirtl to adopt Resolution No. 2006-33 appointing Brian J. Miller as Alternate Sewage Enforcement Officer for Upper Saucon Township.

Mr. White asked whether this position was needed in the past, to which Mr. Beil responded yes.

The motion carried by a vote of 5 to 0.

MOTIONS
Sale of Township-Owned Vehicle to Upper Saucon Volunteer Fire Department
A motion was made by Mrs. White and seconded by Mr. White to approve the sale of a 2002 Ford Explorer to the Upper Saucon Volunteer Fire Department for $1.00.

The motion carried by a vote of 5 to 0.

Sale of Township-Owned Truck-Mounted Snow Blower to Upper Saucon Volunteer Fire Department
A motion was made by Mr. White and seconded by Mr. Gutzmirtl to approve the sale of a truck-mounted snow blower to the Upper Saucon Volunteer Fire Department for $1.00.

The motion carried by a vote of 5 to 0.

Purchase of 1982 Chevrolet Step Van
A motion was made by Mr. Gutzmirtl and seconded by Mrs. White to authorize the purchase of a 1982 Chevrolet Step Van from the Upper Saucon Volunteer Fire Department for the asking price of $2.00.

Mr. White asked what the odometer reading was on the van.  Fire Chief Charles Castetter informed the Board that the odometer read 40,000 miles.

The motion carried by a vote of 5 to 0.

Contribution to the Fire Department for Purchase of a New Water Tanker Truck
A motion was made by Mr. White and seconded by Mr. Gutzmirtl to approve a monetary contribution in the amount of $150,000 to the Upper Saucon Volunteer Fire Department to be applied toward the purchase of a new water tanker truck.

Mr. Gutzmirtl asked what would be happening to the water tanker truck that the Fire Department currently owned.

Fire Chief Charles Castetter replied it would be sold to another municipality.

The motion carried by a vote of 5 to 0.

Proposed Schedule of Work for Zoning Ordinance Re-Write
A motion was made by Mr. White and seconded by Mr. Horvath to approve the revised schedule of work for the drafting and preparation of the Township’s new Zoning Ordinance.

Mr. Gutzmirtl commented that he would like to see enough flexibility in the schedule so that the final approval could be done either prior to or after the summer season, as to avoid excluding those members of the interested public who are vacationing. He stated if final approval was not done by the end of May, he would rather see it held over until September.

Mr. White said he would prefer approving the new Zoning Ordinance as rendered so enforcement could begin, with the intent of refining it, if needed, after the summer season ended. He felt doing it this way, no one would be left out of the process.

Mr. Beil noted the revision was already ahead of schedule.

A vote was taken and the motion carried by a vote of 5 to 0.

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 $262,675.00 to Michael F. Ronca & Sons, Inc., for work completed on the Applebutter Hill Water Storage Tank.

The motion carried by a vote of 5 to 0.

Request for Payment – Joao & Bradley Construction Co.
A motion was made by Mrs. White and seconded by Mr. Gutzmirtl to authorize payment in the amount of $3,550.00 to Joao & Bradley Construction Co., for work completed on the Chestnut Hill Road Water and Sewer Line Extension Project.

Mr. White referred to the letter from the Township’s Water and Sewer Engineer, Karl Schreiter, referencing several sags that were detected that would fall under the Municipal Authority’s flushing policy for acceptance. The letter also cited two manhole inserts that the contractor could not install because of the manhole configuration. Mr. White felt that the contractor did a poor job and as a result, payment should not be approved.

Mr. Beil responded to Mr. White’s concerns explaining that even if the current request for payment were approved, the Township would still hold approximately $6,500 in security. At the Authority’s discretion, $6,000 of that would go toward the cost of the flushing program, while the remainder would be a credit for the uninstalled manhole inserts.

Charles Ruppert – 5201 Mountainside Lane – Mr. Ruppert inquired about the schedule for restoration and resurfacing of Chestnut Hill Road associated with the project under discussion.

Mr. Beil explained the process for repairing the road, and said that work would mostly likely begin within the next month.

There being no further discussion, Chairman Wagner called for the vote.

The motion carried by a vote of 4 to 1, with Mr. White voting against the motion. 

Award Road Materials Bid
Material bids for oil, stone and asphalt were opened on June 27, 2006.  Mr. Beil reviewed the bid results and noted the low bid for each item as set forth below:

1000 Tons 1B Stone
Naceville Materials - $11.15 / Ton (FOB pickup at plant)
Stockertown Materials – 13.98 / Ton (Delivered to job site)

2000 Tons 2A Stone
Eastern Industries - $9.97 / Ton (Delivered to job site)
Eastern Industries - $5.75 / Ton (FOB pickup at plant)
           
500 Tons 2B Washed Stone / #57
Eastern Industries - $12.32 / Ton (Delivered to job site)
Eastern Industries - $8.10 / Ton (FOB pickup at plant)
                                                                     
2000 Tons 3A Stone / #3
Stockertown Materials - $11.33 / Ton (Delivered to job site)
Naceville Materials - $8.15 / Ton (FOB pickup at plant)

1000 Tons 2RC Stone
Eastern Industries - $9.47 / Ton (Delivered to job site)
Eastern Industries - $5.25 / Ton (FOB pickup at plant)
                                                                                                                
500 Tons Gabion
Eastern Industries - $14.97 / Ton (Delivered to job site)
Eastern Industries - $10.75 / Ton (FOB pickup at plant)
                                                                                                                                
500 Tons #4 Stone
Eastern Industries - $11.72 / Ton (Delivered to job site)
Eastern Industries - $7.50 /  Ton (FOB pickup at plant)
                                                                                         
1000 Tons Anti-Skid
Eastern Industries - $12.72 / Ton (Delivered to job site)
Eastern Industries - $8.50 / Ton (FOB pickup at plant)
                       
1500 Tons Superpave 19.0 mm Wearing Course
Coopersburg Asphalt - $47.33 / Ton (Delivered to job site)
Coopersburg Asphalt - $43.20 / Ton (FOB pickup at plant)

1500 Tons Superpave 9.5 mm Wearing Course
Coopersburg Asphalt - $49.83 / Ton (Delivered to job site)
Coopersburg Asphalt - $45.70 / Ton (FOB pickup at plant)                 

1000 Tons Superpave 25.0 mm Base Course
Coopersburg Asphalt - $42.73 / Ton (Delivered to job site)
Coopersburg Asphalt - $38.60 / Ton (FOB pickup at plant)

1000 Tons Superpave 25.0 mm Binder Course
Coopersburg Asphalt - $42.73 / Ton (Delivered to job site)
Coopersburg Asphalt - $38.60 / Ton (FOB pickup at plant)     
           
1000 Tons ASHTO AA #10 Screenings
Naceville Materials – $10.92 / Ton (Delivered to job site)
Naceville Materials - $6.40  / Ton (FOB pickup at plant)

500 Tons Cold Patch
Coopersburg Asphalt - $87.25 / Ton (Delivered to job site)
Coopersburg Asphalt - $85.00 / Ton (FOB pickup at plant)

Mr. Beil said the Township’s estimated hauling costs were considered when evaluating the bids for FOB pickup at plant.

Chairman Wagner asked if Eastern Industries, a company listed with no bid response, provided asphalt.

Mr. Beil said Eastern Industries declined to bid on asphalt because the Township’s bid documents did not contain an escalator clause to account for fluctuations in the price of oil.

A motion was made by Mr. White and seconded by Mrs. White to award the Road Material Bid to the lowest responsible bidder for each separate item, as noted by the Township Manager.

Before asking for the vote, Chairman Wagner requested Mr. Beil and other members of the Township staff do everything possible to ensure multiple bidders, as to provide adequate competition in price, for future proposals of this nature.

The motion carried by a vote of 5 to 0.

Release of Funds – Curly Horse Subdivision
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize the release of construction security in the amount of $222,240.49 for the Curly Horse Subdivision in accordance with the Township Engineer’s recommendation made by a letter dated July 10, 2006.

The motion carried by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATIONAL ITEMS
Invitation from the Lehigh County Association of Township Officials
The Board reviewed correspondence from the Lehigh County Association of Township Officials inviting local officials to attend their Summer Convention on Friday, August 4, 2006 at the Schnecksville Fire Company.

Letter from the PA Department of Community & Economic Development
The Board reviewed a letter from the PA Department of Community & Economic Development regarding training requirements for local officials under the new National Incident Management System (NIMS).

DIRECTION / DISCUSSION ITEMS
Zoning Hearing Board Agenda – August 7, 2006
The Board reviewed the Zoning Hearing Board Agenda for August 7, 2006, in which four (4) appeals were scheduled to be heard.

After a brief discussion regarding each appeal, it was the consensus of the Board not to intervene in any of the appeals currently before the Zoning Hearing Board.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #06272006 dated 07/07/2006…………..$300,704.69
Warrant List #06272006 dated 07/07/2006…………………..$1,024,085.39

A motion was made by Mrs. White and seconded by Mr. Horvath to authorize payment of the Prepaid Invoice List and Warrant List #06272006 dated 07/07/2006.

Mr. White questioned four (4) invoices and requested copies of three (3), which Mr. Beil and Mr. Kassel said they would provide to him at a later date.

Mr. Beil explained to the Board the circumstances involving the large reimbursement for flowers listed for payment.

Mr. Gutzmirtl inquired about a payment for the review of Ordinance 79-XX.

Mr. Beil said the charges were incurred because of a challenge to the Ordinance by local developer, Dennis Benner.  Mr. Benner withdrew the challenge, but not until the last minute. Therefore, the Township had to pay for the preparation work that was completed in anticipation of a hearing.

Mr. Gutzmirtl asked if the Township had any recourse to recoup some of the money.

Attorney Dimmich responded in the negative.

A brief discussion was then held on what recourse the Township would have if someone repeatedly filed and withdrew legal challenges that cost the Township a large amount of money.

Following that conversation, Chairman Wagner asked for a vote.

The motion carried by a vote of 5 to 0.

ADDITIONAL BUSINESS
Request for Payment – James T. O’Hara, Inc.
A motion was made by Mrs. White and seconded by Mr. Gutzmirtl to authorize final payment in the amount of $47,068.85 to James T. O’Hara, Inc., for work completed on the Hopewell and Chestnut Hill Roads Water Line Extension, subject to the Township’s receipt of the record plan for the job.

The motion carried by a vote of 5 to 0.

Bid Award – Electrical Construction for Applebutter Hill Water Storage Tank
Mr. Beil reviewed the project and bid responses with the Board, explaining the original bids for the project did not include the electrical construction.

Mr. Harman provided further clarification of the work associated with the bids.

The Board had many questions regarding the entire Applebutter Hill Water Tank Project, including the status of tank operation and water pressure.

A motion was made and seconded to award the bid for electrical construction associated with the Applebutter Hill Water Storage Tank Project to Barry Hoffman Electric in the amount of $29,970.00 pursuant to the recommendation made by LB & W Engineering by letter dated July 7, 2006.  

The motion carried by a vote of 5 to 0.

Comments by Mr. Gutzmirtl
Mr. Gutzmirtl thanked Mr. Beil for keeping him up to date on the matters at hand while he was away. He also thanked his fellow Board members for the use of a Nextel phone provided by the Township that allowed him to participate in an Executive Session. He said he was very proud to be part of a Township that used the technologies available to better serve its residents.

COURTESY OF THE FLOOR
Bob Tettemer – Glen Road – Mr. Tettemer voiced his concerns over a public meeting held at the end of June that he felt was not properly advertised and did not provide for public comment. Mr. Tettemer also addressed the topic of that meeting saying he would oppose any ordinance or comprehensive plan that involved the Township brokering with individual property owners to purchases their land or the rights to it at a value lower than what it is worth. He says the practice would be unfair because the Township could buy land or the rights to it and then sell it to a developer for a profit.

EXECUTIVE SESSION
The Board met in Executive Session to discuss potential litigation.

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

The motion carried by a vote of 5 to 0.

                                                                       
Secretary