Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, August 11, 2008 - 6:00 p.m.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
Stephen C. Wagner, Vice Chairman
Joseph M. Horvath

Participated Via Speakerphone:
John E. Gilda, Jr.

Members Absent:
Joyce V. White
                                                                       
Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Jeffrey Dimmich, 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
None

CHAIRMAN’S REMARKS
Chairman Gutzmirtl summarized the recent meeting between representatives from Upper Saucon and Lower Saucon Townships and Hellertown Borough where they discussed the rails to trails initiative. Representatives from Coopersburg Borough were unable to attend, Chairman Gutzmirtl said, but they did deliver a message that expressed their interest in the project. As for residents that attended, the majority were in favor despite some concerns and questions from those whose properties were closest to the trails. The next step, Chairman Gutzmirtl told the fellow Board members would be for a lease agreement to be executed with SEPTA so that the project can move forward.

PUBLIC HEARINGS
None

MINUTES
Regular Meeting of July 14, 2008
A motion was made by Mr. Horvath and seconded by Mr. Wagner to approve the minutes of the July 14, 2008 regular meeting of the Upper Saucon Township Board of Supervisors.

The motion carried by a vote of 4 to 0 with Mrs. White absent.

SUBDIVISIONS AND LAND DEVELOPMENTS
None

PRESENTATIONS
Upper Saucon Township Fire Chief Chuck Castetter – New Aerialscope Fire Truck
The Board of Supervisors, as well as members of the public in attendance proceeded to the parking lot of the Municipal Building where Chuck Castetter, Fire Chief for the Upper Saucon Volunteer Fire Department welcomed all to tour the fire department’s new aerialscope fire truck.

COMMITTEE REPORTS
None

ORDINANCES
Ordinance No. 67-II – Establish New Speed limit on a Portion of Blue Church Road South between Locust Valley Road and the Township Line
A motion was made by Mr. Horvath and seconded by Mr. Wagner to adopt Ordinance No. 67-II establishing a 30 mile per hour speed limit on a portion of Blue Church Road South between Locust Valley Road and the municipal boundary with Springfield Township.

Allison Koch – 7404 Blue Church Road – Mrs. Koch told the Board that she was the resident that sent the letter requesting the lowering of the speed limit on this portion of Blue Church Road. She was interested in finding out how the new speed limit would be enforced and what could be done if violators are witnessed.

Chairman Gutzmirtl responded that special consideration would be given for a short time after the change was made and would be marked with blinking indicators. After measures had been taken to make drivers aware of the change, Chairman Gutzmirtl said the new speed limit would be enforced the same as any other.

Mr. Beil added that if Mrs. Koch or any other residents noticed speeding along the roadway, they were urged to contact the police department via the non-emergency number to report it. Once reported, the stretch of road would be added on the list of roads to patrol for speeders. In addition, Mr. Beil said, a speed board could also be placed along the roadway to slow drivers down.

Mrs. Koch offered to allow the speed board and/or a patrol car to use her property.

The motion carried by a vote of 4 to 0 with Mrs. White absent.

Ordinance No. 62-I – Amendments to Non-Uniform Employees’ Pension Plan
A motion was made by Mr. Horvath and seconded by Mr. Wagner to adopt Ordinance No. 62-I amending the Upper Saucon Township Non-Uniform Employees’ Pension Plan by removing the currently appointed Pension Plan Trustee, appointing PNC Institutional Investments as the new Trustee, and addressing appointments to the Pension Committee.

The motion carried by a vote of 4 to 0 with Mrs. White absent.

RESOLUTIONS
Resolution No. 2008-26 – Amendments to Police Pension Plan
A motion was made by Mr. Horvath and seconded by Mr. Wagner to adopt Resolution No. 2008-26 amending the Upper Saucon Township Police Pension Plan by removing the currently appointed Pension Plan Trustee, appointing PNC Institutional Investments as the new Trustee, and addressing appointments to the Pension Committee.

The motion carried by a vote of 4 to 0 with Mrs. White absent.

MOTIONS
Request for Payment – Aqua Net Environmental, Inc. – Certification No. 3
A motion was made by Mr. Wagner and seconded by Mr. Horvath to authorize payment in the amount of $67,087.05 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 4 to 0 with Mrs. White absent.

Release of Funds – Crimson King Estates Subdivision – Certification No. 1
A motion was made by Mr. Horvath and seconded by Mr. Wagner to authorize the release of construction security in the amount of $35,923.93 for the Crimson King Estates Subdivision in accordance with the Township Engineer’s recommendation made by a letter dated July 23, 2008.

The motion carried by a vote of 4 to 0 with Mrs. White absent.

Designate Trick or Treat
A motion was made by Mr. Horvath and seconded by Mr. Wagner to designate Friday, October 31, 2008 from 6:00 p.m. to 8:00 p.m. as Upper Saucon Township Trick or Treat.

The motion carried by a vote of 4 to 0 with Mrs. White absent.

Designate Rain Date for Trick or Treat
A motion was made by Mr. Wagner and seconded by Mr. Horvath to designate Saturday, November 1, 2008 from 6:00 p.m. to 8:00 p.m. as the rain date 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 rain date.

A short discussion took place regarding the reason for setting a rain date, the methods by which residents would be informed of both dates, the procedure for determining the use of the rain date, and how residents would be informed if the rain date were instituted.

The motion carried by a vote of 4 to 0 with Mrs. White absent.

Request for Payment – C&T Associates, Inc. – Certification No. 3
A motion was made by Mr. Wagner and seconded by Mr. Horvath to authorize payment in the amount of $89,933.40 to C&T Associates, Inc for work completed on Well No. 2 at the Colonial Crest water supply facility (Contract No. 1 – Mechanical).

Mr. Wagner requested an update on the project.

Mr. Harman replied the project was behind schedule because of a delay in the delivery of the concrete tank, but that the shutdown of the well station was scheduled for the upcoming week. The station, Mr. Harman continued would be brought back into operation within 10 to12 days, but would have to be shut down several more times for shorter durations in order to complete the project. During the shutdowns, he advised the Board additional water would be supplied to the Township by Bethlehem, so that residents’ water service would not be interrupted.

The motion carried by a vote of 4 to 0 with Mrs. White absent.

Release of Funds – Blue Ridge Chase (f/k/a Penn’s View South Subdivision) – Certification No. T-5
A motion was made by Mr. Horvath and seconded by Mr. Wagner to authorize the release of construction security in the amount of $77,215.05 for the Blue Ridge Chase Subdivision in accordance with the Township Engineer’s recommendation made by a letter dated August 11, 2008.

Chairman Gutzmirtl inquired about several trees that had toppled along the swale that runs along Cumora Road at the same time the swale was installed.

Mr. Beil said a state forester had been called in to examine the situation and had determined the swale construction had little effect on the toppling and dying of the trees.

Chairman Gutzmirtl asked that the forester’s comments and conclusions be relayed to residents surrounding the swale.

The motion carried by a vote of 4 to 0 with Mrs. White absent.

CORRESPONDENCE AND INFORMATIONAL ITEMS
None

DIRECTION / DISCUSSION ITEMS
Zoning Hearing Board Agenda – August 18, 2008
Mr. Beil reviewed the two appeals on the agenda. The first appeal involved a developer requesting to remove trees from not only inside, but also outside of the allowable distance from the proposed dwelling.

There was a brief discussion regarding the impervious surface proposed, the grading of the property, the proposed building coverage, required storm water retention/detention, and how the change will drastically affect the aesthetic nature of the neighborhood.

Attorney Dimmich commented he was bothered by the fact that the developer had already made a determination as to how he interpreted the ordinance.

The consensus of the Board was to send the Township Solicitor to support the Zoning Officer determination with regard to the applicant’s request.

The second appeal involved a proposed long, winding driveway back to a home, where the applicant needed a variance to disturb an area with steep slopes to a greater extent than allowed by ordinance.

Attorney Dimmich said the variance was inevitable if there was a hardship to the land, but he would not know whether or not that was the case without visiting the property. However, he said, the applicant would have to prove the hardship.

By consensus, the Board decided to refer the matter to a committee consisting of Mr. Horvath and Mr. Wagner. The committee will decide whether or not the Township Solicitor will  attend the Zoning Hearing Board Meeting to oppose the requested variance.

Cancellation of August 26, 2008 Regular Meeting of the Board of Supervisors
The Board decided by consensus to cancel the meeting.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #08112008 dated 08/08/2008……….$396,015.25
Warrant List #08112008 dated 08/08/2008……………….$376,147.51

A motion was made by Mr. Horvath and seconded by Mr. Wagner to authorize payment of the Prepaid Invoice List and Warrant List #08112008 dated 08/08/2008.

The motion carried by a vote of 4 to 0 with Mrs. White absent.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
None

ADJORNMENT
A motion was made by Mr. Horvath and seconded by Mr. Wagner to adjourn the meeting.

The motion carried by a vote of 4 to 0 with Mrs. White absent.

                                                                       
Secretary