Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, July 20, 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
Sharyn E. Heater, Director of Community Development
Thomas Dinkelacker, 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
Jeff Trembler, 5997 Old Bethlehem Pike – Mr. Trembler expressed his concerns with the office complex proposed for 5928 Old Bethlehem Pike. He said that he owns the property across the street from the proposed complex and his primary concern was water runoff.  Mr. Gutzmirtl offered to allow Mr. Trembler to speak on this issue during the North Tree conditional use hearing. Mr. Trembler accepted the offer.

CHAIRMAN’S REMARKS
None

NORTH TREE LLC – APPLICATION FOR CONDITIONAL USE APPROVAL  - NORTH TREE OFFICE COMPLEX
A public hearing was held to accept public comment and input on the conditional use application of North Tree LLC for the construction of a two-story 24,960 square foot office building, an additional two-story 28,988 square foot office building and conversion of a 4,496 square foot existing two-story barn into office uses on the property located at 5928 Old Bethlehem Pike.  The applicant requests conditional use approval pursuant to Sections 1002.B.19, 1402, 1404 and 1702 of the Township Zoning Ordinance.  The subject property is located in the Commercial (C) zoning district and within the ESZ Environmentally Sensitive Zone Overlay.

Attorney Dinkelacker handled the proceedings on behalf of the Township reading into the record exhibits T-1 through T-11. 

Present on behalf of the applicant was Attorney Erich Schock, Tom Duffy of Gilmore and Associates, and Jim Gentile of North Tree, LLC.

Attorney Dinkelacker proceeded to determine the legal standing of Mr. Trembler. Attorrney Schock and Attorney Dinkelacker both agreed that Mr. Trembler could participate in questioning the witnesses. Mr. Trembler was not represented by an attorney.

Attorney Schock introduced a copy of the preliminary plan as applicant exhibit A-1.  The exhibit was admitted without objection.

Attorney Schock called Tom Duffy as his first witness. Attorney Schock established the witness’ credentials and proceeded to question him on the viability of the project. The general line of questioning was to assure the Board that the project met the requirements of the Township zoning ordinance and that all items identified in the conditional use approval were met. Mr. Trembler questioned Mr. Duffy on how water run-off would be handled on the proposed site. According to Mr. Trembler, there is a swale on his property that floods during heavy rain. He was concerned that any additional run-off from the office complex would endanger his property. Mr. Duffy assured him that all runoff would be directed away from his property to a holding area on the opposite side of the property. Mr. Duffy explained how stormwater would be dealt with on the site. Mr. Trembler indicated that he was satisfied with the explanation.

With Mr. Trembler’s acceptance of the plan, Attorney Schock proposed that he no longer be considered an interested party with legal standing. Both Mr. Trembler and Attorney Dinkelacker objected and it was agreed that Mr. Trembler would maintain his status as an interested party and receive copies of all decisions made by the Township on this matter.

Mr. Gilda requested a follow up on the handling of excess stormwater. Mr. Duffy explained how the site would be graded to divert water away from Mr. Trembler’s property. Mr. Gilda was satisfied with the explanation as presented by Mr. Duffy.

Attorney Schock called Jim Gentile, as a witness.  Attorney Schock established Mr. Gentile’s credentials and experience. Mr. Gentile has developed several similar projects in the Township and concentrates on developing medical facilities. Mr. Trembler questioned the setback and parking requirements. Mr. Gentile explained and showed on the preliminary plan that the requirements were met. Mr. Trembler was satisfied with the response. Attorney Dinkelacker addressed Mr. Trembler’s concern over increased traffic.

Attorney Dinkelacker turned the hearing over to Mr. Gutzmirtl.

Mr. Gutzmirtl asked for a motion from the Board.

Motion made by Mr. Horvath and seconded by Mr. Wagner to approve the conditional use application of North Tree LLC for the construction of a two story office building, an additional two story office building and conversion of an existing two story barn into office uses on the property at 5928 Old Bethlehem Pike, conditioned upon compliance with the recommendations contained in comments 1 and 8 of the June 10, 2009, SAIC review letter.

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

SUBDIVISIONS AND LAND DEVELOPMENTS
Mountain Glen at Saucon Valley – Lot Line Adjustment Plan – Resolution No. 2009-30
Motion made by Mr. Horvath and seconded by Mr. Gilda to adopt Resolution No. 2009-30 conditionally approving the Preliminary / Final Lot Line Adjustment Plan of South Mountain Property Enterprises, LLC for a lot line adjustment involving Lots 18 and 19 at a land development known as Mountain Glen at Saucon Valley.

The motion was adopted by a vote of 5 to 0.
 
North Tree Office Complex – Resolution No. 2009-40
Motion made by Mr. Gilda and seconded by Mr. DeMatos to adopt Resolution No. 2009-40 conditionally approving the Preliminary Land Development Plan and Conditional Use Application of North Tree, LLC for construction of an office complex at 5928 Old Bethlehem Pike.

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

MINUTES
Regular Meeting of April 20, 2009
Motion made and seconded to approve the minutes of the April 20, 2009 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion was adopted by a vote of 4 to 0 with Mr. DeMatos abstaining.

Regular Meeting of May 4, 2009
Motion made and seconded to approve the minutes of the May 4, 2009 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion was adopted by a vote of 4 to 0 with Mr. DeMatos abstaining.

Special Meeting of May 15, 2009
Motion made and seconded to approve the minutes of the May 15, 2009 special meeting of the Upper Saucon Township Board of Supervisors.

The motion was adopted by a vote of 4 to 0 with Mr. DeMatos abstaining.

COMMITTEE REPORTS
None

ORDINANCES
None.

RESOLUTIONS
Resolution No. 2009-42 – Locust Valley Estates Phase 1 – Dedication of Stormwater Detention Basin #2 on Lot 38
Motion made by Mr. Horvath and seconded by Mr. Wagner to adopt Resolution No. 2009-42 accepting the dedication of detention basin #2 on Lot 38 located in Phase 1 of the Locust Valley Estates subdivision and acknowledging that the detention basin will be hereinafter maintained by the Township.
 
The motion was adopted by a vote of 5 to 0.

Resolution No. 2009-43 – Guidelines For Collecting Delinquent Developer Accounts
Motion made by Mr. Horvath and seconded by Mr. DeMatos to adopt Resolution No. 2009-43 establishing guidelines for collecting delinquent developer accounts. At the request of Mr. Gutzmirtl, Attorney Dinkelacker summarized the resolution and explained that the resolution was a procedural guideline that sets areas of authority in collecting delinquent developer accounts and is designed to expedite the process.

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

MOTIONS
Request For Payment – Suburban Water Testing Labs, Inc. – Certification No. 2 (2nd Quarter)
Motion made by Mr. Horvath and seconded by Mr. Wagner to authorize payment in the amount of $6,246.25 to Suburban Water Testing Labs, Inc., for annual laboratory testing services for the wastewater treatment and water distribution systems.

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

Request For Payment – ISCO Industries – Certification No. 2
Motion made by Mr. Wagner and seconded by Mr. Horvath to authorize payment in the amount of $10,230.00 to ISCO Industries for furnishing high density polyethylene sewer pipe.

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

Designate Date And Time For Upper Saucon Township Trick Or Treat
Motion made by Mr. Wagner and seconded by Mr. DeMatos to designate Friday, October 30, 2009 from 6:00 pm to 8:00 pm as Upper Saucon Township Trick or Treat.

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

Designate Date and Time for Raindate for Upper Saucon Township Trick or Treat
Motion made by Mr. Wagner and seconded by Mr. DeMatos to designate Saturday, October 31, 2009 from 6:00 pm to 8:00 pm as the raindate for Upper Saucon Township Trick or Treat and to authorize the Township Manager to make the final determination as to whether Trick or Treat will be rescheduled to the raindate.

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

Resignation Of Current Planning Commission Member
 Motion made by Mr. Horvath and seconded by Mr. Wagner to accept the resignation of Joaquim (Jack) DeMatos from the Upper Saucon Township Planning Commission effective immediately.

The motion was adopted by a vote of 4 to 0 with Mr. DeMatos abstaining.

Appointment of Steven Annunziato to Planning Commission
Motion made by Mr. Wagner and seconded by Mr. Horvath to appoint Steven Annunziato to the Upper Saucon Township Planning Commission for a partial term expiring on December 31, 2009.

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

Mr. Gutzmirtl detailed Mr. Annunziato’s resume and accomplishments while welcoming him to his new position.

Request For Payment – DESSCO Design and Construction – Certification No. 1
Motion made by Mr. Horvath and seconded by Mr. Gilda to authorize payment in the amount of $4,368.00 to DESSCO Design and Construction for work on the Influent Pump Station Controller at the Wastewater Treatment Plant.

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

Agreement For Perpetual Access and Maintenance Easement – Weikel Property at 6618 North Main Street & Lots 91 and 87 in the Weber and Dale Tracts Subdivision
Motion made by Mr. Horvath and seconded by Mr. Gilda to authorize the Township Manager to execute an easement agreement by and between Reserve at Saucon Valley, LP, Leonard and Betty Jane Weikel and Upper Saucon Township for a perpetual access and maintenance easement over and across lots 91 and 87 in the Weber and Dale Tracts subdivision, conditioned upon the appropriate representatives of Reserve at Saucon Creek, LP executing said agreement.

The motion was adopted by a vote of 5 to 0.
Award Bid For Furnishing & Delivering Precast Reinforced Concrete Structures
Motion made by Mr. Horvath and seconded by Mr. Wagner to award the bid for furnishing and delivering precast reinforced concrete structures to Monarch Precast Concrete Corporation in the amount of $49,220.00.

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

Blue Ridge West Estates – Requested Waiver From Section 1.4 of Ordinance No. 93 – 180 Day Trench Settlement Requirements
The Board was asked to consider a request by Lennar for a waiver from the 180 day trench settlement requirements set forth in Section 1.4 of Ordinance No. 93 in order to allow Lennar to proceed with base course paving for roads in Blue Ridge West Estates Subdivision. Attorney Dinkelacker interjected that there were legal considerations that needed to be addressed and suggested that those matters be best addressed in executive session.

Mr. Robert Calabro, Vice President of Lennar, spoke in favor of Lennar’s requested waiver from the 180 day trench settlement requirements of Ordinance No. 93.

The Chairman announced that this matter will be taken up at the end of the meeting after the Board has a chance to meet in executive session to discuss the legal implications of Lennar’s request.

CORRESPONDENCE AND INFORMATIONAL ITEMS
 None

DIRECTION / DISCUSSION ITEMS
Demolition Of Control Building At 3251 Preston Lane (Former Sewage Treatment Plant Site)
Mr. Gutzmirtl introduced as a discussion item the demolition of an abandoned Control Building at 3251 Preston Lane which was once part of the former sewerage treatment plant site.

The Township has received numerous complaints from residents about the building. In response to the complaints, the Township asked for and received proposals to demolish the building. The low bidder on the project was Beatty Contractors and Wreckers, LTD.

Mr. Beil gave the Board a history of the building and the present status. In his remarks, he noted that the building was cleared of all hazardous materials when the sewerage treatment plant was demolished. Mr. Gutzmirtl proposed that the Board act to approve the demolition of the building. Mr. Wagner questioned the scope of the work and was assured that the entire building would be demolished in accord with standard procedures. Mr. Beil suggested that the chain metal fencing surrounding be removed. The fence removal was not in the original price, but would be handled by the Township crew. Mr. DeMatos asked about final grading which would be done by the Township crew.

Mr. Gutzmirtl suggested that once the demolition was completed, this area could be made available for active recreational use. There was some debate because this area is often wet and may be unsuitable. The matter will be referred to the Park and Recreation Commission.

Mr. Beil proposed a motion that the Board authorize Beatty Contractors to remove the control building at a cost of $5,750.00 and authorize the Township road crew to remove the chain link fence.

Motion made by Mr. Horvath and seconded by Mr. Wagner to authorize Beatty Contractors to remove the control building at a cost of $5,750.00 and authorize the Township road crew to remove the chain link fence.

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

Township Revenue / Expenditure Analysis – First 6 Months of 2009
Mr. Kassel gave the Board a presentation on revenues and expenses for the first half of 2009. According to Mr. Kassel, revenues are tracking better than expected while expenses are lower than budgeted. He attributed the lower expenses to actions by the Board to hold expenses in line during this period of economic turmoil. 

Given the better than expected results, Mr. Beil and Mr. Kassel recommended that the Board authorize the purchase of a front end loader for the road department.  Mr. Beil explained that $130,000.00 was budgeted for the purchase of this piece of equipment.

Mr. Horvath questioned State contributions considering that the State budget has not been adopted. Mr. Kassel responded that all the funds due the Township from the State have either been paid or are expected to be disbursed in a timely manner. In further discussion, the Board was generally reluctant to change its conservative approach to spending. It was the consensus of the Board not to purchase the front end loader in 2009 and continue to defer other significant purchases while the economy rebounds.

Additional Contribution To Southern Lehigh  Community Pool
The Board reviewed a request from Mark Anderson, Treasurer, Southern Lehigh Community Pool Association, for an additional contribution of $16,326.68 to pay for repairs done in the spring so that the pool could open for the 2009 season. Mr. Horvath commented that the Township budgeted and contributed $13,000.00 to the Pool Association. Mr. Gutzmirtl agreed with Mr. Horvath that no additional contributions were promised or authorized. Mr. Horvath expressed some disappointment that the Pool Association has said that they are unwilling to conduct fundraising activities and seemed to desire that the Township accept responsibility for funding. Mr. Gutzmirtl added that the Township has always expressed that it has no desire to be in the pool business. As evidence, Mr. Gutzmirtl offered that the Quakertown Pool, which the Pool Association touted as a successful operation, is running an annual deficit of $800,000. He added that Quakertown has an open enrollment program. In separate meetings with the Pool Association, Mr. Gutzmirtl explained that he asked if the Association members would increase the dues which they declined to do. Mr. Gutzmirtl asked the officers of the Association for a business plan that would show how the pool could be profitable with limited contributions from the Township. The Association has not provided a business plan. Given the budget considerations, and after a discussion among the Supervisors, the Board noted that the Pool Association will receive the budgeted $13,000.00 contribution for 2009, but declined consideration of any additional contribution to the Pool Association.

PRESENTATION BY LARRY SHAUB OF REINSEL KUNTZ LESHER, LLP – 2008 ANNUAL AUDIT OF TOWNSHIP ACCOUNTS
Larry Shaub of Reinsel Kuntz Lesher LLP, the Township’s appointed Auditor, reported on the 2008 annual audit of Township accounts. The auditor issued an unqualified opinion on the audit and financial statements. For clarification, an unqualified opinion means that the audit revealed no instances where the Township had any major violations of accounting rules. The audit showed a decrease in long term debt of $1.2 million and, although General Fund Revenues were less than anticipated by $359,000, expenditures were also reduced by $676,000. Mr. Shaub noted that the audit reports were filed in a timely manner with the Pennsylvania Department of Community and Economic Development.

Mr. Shaub reported that there were 23 audit adjustments primarily to make adjustments for the Township’s cash based system as opposed to the accrual system required by GASB. The audit did note that this is a reduction from the 59 adjustments made in the prior year. Mr. Kassel noted that changes to the accounting methods are planned and should further reduce the number of adjustments.

Mr. Shaub reported that variances noted in the year over year comparisons of current and long term liabilities were accounted for by the timing of payments. Other financial results were generally within the parameters expected.

Mr. Shaub reported two material weaknesses – the Township does not clearly segregate duties throughout the cash receipts cycle and the Township does not have the ability to prepare a set of fully compliant GAAP financial statements. Mr. Kassel noted that new procedures will address these issues. In an area classified as a significant deficiency, the auditor noted that utility billing was not reconciled to the general ledger balance.

The auditor also addressed seven control deficiencies that ranged from control of passwords to defined procedures for non-standard journal entries. These are considered relatively minor issues and are being addressed by Mr. Kassel. Mr. Kassel indicated that he will have a meeting with the auditors to go over specifics so that systemic changes can be made to correct the deficiencies noted in the review. Mr. Beil suggested that the final plan to resolve the deficiencies identified would be prepared and presented to the Administration & Finance Committee for approval.

The complete audit report is on file at the Township Administration Office.

PRESENTATION BY DENNIS HARMAN OF THE PIDCOCK COMPANY—CONSTRUCTION OBSERVATION PROCESS
Dennis Harman, Township Engineer, presented the Board with an update of the procedures used by The Pidcock Company to review and inspect land development projects within the Township.  He emphasized that these procedures have been in effect since Pidcock was appointed as the Township’s engineering firm. The procedures are being reviewed with the Board at this time because there are new Board members, and it was deemed appropriate to review the steps routinely taken by Pidcock to review and inspect land development projects.

Mr. Harman emphasized that Pidcock has a qualified representative constantly monitoring each phase of a land development project with the goal of providing the best product for the Township. The handout prepared by Mr. Harman was provided to each Board member. Mr. Harman elected not to review each step, but to allow the outline to serve as a guide on how Pidcock conducts its engineering advisory service.

Mr. Gutzmirtl expressed his confidence in Dennis Harman and The Pidcock Company and remarked that the professionalism shown is a marked improvement over the Township’s prior experience.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #07202009 dated 07/17/2009…………….$1,080.22
Warrant List #07202009 dated 07/17/2009………………….$510,310.13

Motion made by Mr. Horvath and seconded by Mr. DeMatos to authorize payment of the Prepaid Invoice List and Warrant List #07202009 dated 07/20/2009. The Board approved the payments by unanimous voice vote.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
The Board met in executive session to discuss a matter of potential litigation involving Lennar Corporation.

The Board returned from executive session and took up Lennar’s requested waiver from the 180 day trench settlement requirements of Ordinance No. 93.

Motion made by Mr. Horvath and seconded by Mr. Wagner to approve the request of Lennar for a waiver from the 180-day trench settlement requirements set forth in Section 1.4 of Ordinance No. 93 in order to allow Lennar to proceed with base course paving for the roads in Blue Ridge West Estates Subdivision.

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

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

The motion carried by a vote of 5 to 0.

                                                                       
Secretary