Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, August 17, 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
Dennis Harman, P.E., Township Engineer
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 Christopher Wagner, the Township’s latest resident to achieve the rank of Eagle Scout, to lead all in attendance to stand and recite the “Pledge of Allegiance.”

PUBLIC COMMENT
Joe Yulick, 5165 Curly Horse Drive – Mr. Yulick indicated that he submitted a petition in opposition to a proposed walking trail behind the homes on Curly Horse Drive. Mr. Beil acknowledged that the petition had been received by the Township. Mr. Yulick questioned when this matter would be on the agenda. Chairman Gutzmirtl indicated that there are no documents or plans currently before the Board on the proposed walking trail. Chairman Gutzmirtl suggested that Mr. Yulick attend future Park and Recreation Commission meetings when the proposed walking trail will be discussed. He also asked Mr. Beil to alert Mr. Yulick of future meetings that would involve the Curly Horse walking trail.

CHAIRMAN’S REMARKS
None

RESOLUTION NO. 2009-44 – RECOGNITION OF CHRISTOPHER J. WAGNER FOR ATTAINING THE RANK OF EAGLE SCOUT
Chairman Gutzmirtl introduced Christopher J. Wagner as the Township’s latest resident to attain the rank of Eagle Scout. He was presented with a certificate of recognition from the Township to acknowledge his accomplishment.

A motion was made by Mr. Wagner and seconded by Mr. Horvath to adopt Resolution No. 2009-44 recognizing Christopher J. Wagner 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 adopted by a vote of 5 to 0.

SUBDIVISIONS & LAND DEVELOPMENTS
None

MINUTES
Regular Meeting of June 1, 2009
Motion made by Mr. Horvath and seconded by Mr. Gilda to approve the minutes of the regular meeting of June 1, 2009.

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

Special Meeting of June 9, 2009
Motion made by Mr. Gilda and seconded by Mr. Horvath to approve the minutes of the special meeting of June 9, 2009.

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

Regular Meeting of June 15, 2009
Motion made by Mr. Wagner and seconded by Mr. Horvath to approve the minutes of the regular meeting of June 15, 2009.

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

Regular Meeting of July 20, 2009
Motion made by Mr. Wagner and seconded by Mr. Horvath to approve the minutes of the regular meeting of July 20, 2009.

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

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
Resolution No. 2009-45 – Appointment of Delegate and Alternate Delegates to the Lehigh County Tax Collection Committee
Motion made by Mr. Wagner and seconded by Mr. DeMatos to adopt Resolution No. 2009-45 appointing delegates to the Lehigh County Tax Collection Committee to represent Upper Saucon Township. The resolution appointed James Snell as the voting delegate, Robert Guerriere as the first alternate voting delegate and Paul Bauer as the second alternate voting delegate.

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

MOTIONS
Encroachment Agreement – Samuel and Kerry Weaver – 2270 Augusta Drive
Motion made by Mr. Horvath and seconded by Mr. Gilda to approve the Encroachment Agreement with Samuel and Kerry Weaver in order to allow the installation of a mailbox structure within a portion of the Township right-of-way of Augusta Drive and to authorize the Township Manager to execute said Agreement on behalf of the Township.

The motion was adopted by a vote 5 to 0.

Request For Waiver From Ordinance Regulating Ground Source Heat Pumps
Motion made by Mr. Wagner and seconded by Mr. Horvath to approve the request of Peter Dooley for waivers from the ground source heat pump requirements of Sections 3.3 and 4 of Ordinance No. 114 in order to allow the existing horizontal loop ground source heat pump system to remain as currently installed on the property at 2250 Washington Lane, conditioned upon the property owner’s compliance with the recommendations contained in the August 11, 2009 SAIC review letter.

Mr. Horvath questioned the procedures citing this as the second instance where an exception was required.

Mr. Beil noted that the original, approved plans called for the house to be heated with gas. He also stated that builders are not obtaining the required permits from the Township for geo-thermal systems. The Zoning Officer will notify builders that the Township requires a permit for geo-thermal heat pump systems.

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

Drought Contingency Plan
Motion made by Mr. Horvath and seconded by Mr. Gilda to adopt the Public Water Supply Drought Contingency Plan for Upper Saucon Township dated August, 2009 as proposed by the Township Engineer.

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

Release of Funds – Southern Lehigh Intermediate School – Certification No. T-1
Motion made by Mr. Horvath and seconded by Mr. DeMatos to authorize the release of construction security in the amount of $1,040,301.90 for the Southern Lehigh Intermediate School Project in
accordance with the Community Development Director’s recommendation made by the memo dated August 14, 2009.

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

CORRESPONDENCE AND INFORMATIONAL ITEMS
Resident Petition To Change Speed Limit On Liberty Road From 25 mph to 40 mph
Ms. Joy Pinto, 4092 Yorktown Road, submitted a petition to the Board to raise the speed limit on Liberty Road from 25 mph to 40 mph. Ms. Pinto spoke in favor of raising the speed limit from 25 mph to 40 mph.

Mr. Beil noted that the speed limit was initially addressed earlier in the year based on a letter dated April 16, 2009 from Township residents, Linda and Louis Corisdeo, who expressed their concern that there was no posted speed limit on Liberty Road. Without a posted limit, the speed limit by default becomes 55 mph. The Township Engineer did a study and determined that the proper speed limit on Liberty Road should be 25 mph. Based on the Township Engineer’s recommendation, the Board of Supervisors adopted an ordinance officially establishing a 25 mph speed limit on Liberty Road.

Dennis Harman, Township Engineer, explained how the study was conducted and the justifications for setting the speed limit at 25 mph. Mr. Harman concluded that the posted speed limit met the guidelines established by PennDOT and that the posted speed limit of 25 mph should remain.

Ms. Pinto presented several pictures of the intersections on Liberty Road with photographs of the driver sight distance. She commented that the condition of Liberty Road meets the newest standards for highway construction. There are no telephone poles, mailboxes or drainage ditches along the road. Other Township roads are less than the 32 foot width of Liberty Road and have a higher speed limit. She then compared the pictures of Liberty Road to other Township roads with speed limits of 35 and 40 mph.

Chairman Gutzmirtl complimented Ms. Pinto on the work she did and the extent of the information she presented. Chairman Gutzmirtl suggested that the issue be revisited after the 25 mph speed limit has been in effect for at least one year.

Mr. Harman emphasized that the speed limit cannot just be arbitrarily changed and that it would require an additional study which could take 60 to 90 days.

Mr. Horvath said he supported keeping the speed limit as currently posted at 25 mph. He did not anticipate that his opinion would change in a year unless the PennDOT guidelines changed.

It was the consensus of the Board that the existing 25 mph speed limit on Liberty Road should remain as currently posted.

Letter From Lehigh County Humane Society – Notification of Proposed Fee Increase For Animal Control Services Starting in 2010
Mr. Horvath took the lead to address the proposed fee increase for animal control services proposed by the Lehigh County Humane Society. The increase was requested from all municipalities because Lehigh County eliminated the County contribution to the organization. Mr. Horvath said the Administration and Finance Committee is looking into whether there are organizations other than the Humane Society that can provide the Township with animal control services.

DIRECTION / DISCUSSION ITEMS
Township Revenue/Expenditure Analysis – First 7 Months of 2009
Mr. Kassel gave the Board a presentation on revenues and expenses for the first 7 months 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.

Stabler Water System Improvements
Mr. Beil explained that the Township is considering constructing a new water main that would allow the Township to provide water service to Stabler Corporate Center from its sources instead of paying for water supply from the City of Bethlehem. Such an arrangement would save the Township the cost of purchasing water from the City because the Township would be providing water from the improved Colonial Crest facility at minimal additional cost. In addition, the proposed improvements would provide two connection points (one from the Upper Saucon Township system and one from the existing connection to the City of Bethlehem system) which would be an improvement over the single City connection. By constructing the new water main, the Township could supply water to the Stabler Center at reduced cost and the interconnection with the City waterline would serve as a back-up supply source.

Mr. Beil said a new waterline would be constructed under Route 309 to connect existing waterlines in the Stabler Center to existing Township waterlines on the west side of Route 309. In addition, alterations would be made where the present City of Bethlehem water service line connects to the Stabler Center. A metering device and pressure reducing valve would be installed to control the flow of water from the City’s line to the Stabler Center. The proposed cost to construct the waterline extension and make the alterations to the interconnection with the City of Bethlehem is estimated at $250,000. Considering the project and on-going interest/financing costs, Mr. Beil estimates a payback period of approximately six years.

Mr. Harman endorsed the specifics of the proposed water system improvements. He also mentioned that the existing water supply line from the City of Bethlehem is older and might be in danger of failing. The newer lines proposed by the Township would alleviate this concern.

Mr. Wagner questioned the reaction of the City if the Township no longer purchased water from the City of Bethlehem to serve the Stabler Center.

Attorney Dimmich reminded the Board that the situation is politically charged. The City of Bethlehem is regulated by the Public Utility Commission (PUC) and must provide water for its service areas. Upper Saucon Township is not regulated by the PUC. Under the Second Class Township Code, the Township is allowed to provide water service to any property located within its municipal boundaries. Attorney Dimmich noted that the City of Bethlehem may balk at the request to serve only as a backup water supplier to the Stabler Center. The loss in water revenues to the City may cause the City to take legal action against the Township in an attempt to prevent the Township from providing water to the Stabler Center. Attorney Dimmich noted that there is little legal precedence in this matter.

In light of the potential problems, Mr. Gilda suggested that funds be allocated to account for legal issues that may arise.

Chairman Gutzmirtl referred this matter to the Administration and Finance Committee for further review. The Committee is to report back to the Board with a recommendation on how to proceed.

Presentation By Dennis Harman of The Pidcock Company – Water Supply Status Report – August, 2009
Dennis Harman of The Pidcock Company presented a report entitled “Water System Status Report – August, 2009”. Key points discussed with the Board were:

• The Township has contracted with Tetra Tech to look at locations for another well.
• Mr. Harman met with officials at DeSales University to discuss the possibility of combining resources but advised the Board that DeSales is not interested at this time.
• The required inspection of the interior and exterior of the South Mountain Tank was completed and was passed with minor maintenance items.
• The Drought Contingency Plan required by DEP was approved.
• The extension of the Township’s water system to serve customers at Stabler Center is under review.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #08032009 dated 8/14/2009……..$550,991.27
Warrant List #08032009 dated 8/14/2009……………..$250,768.57

Motion was made by Mr. Horvath and seconded by Mr. Gilda to authorize payment of the Prepaid Invoice List and Warrant List #08032009 dated 8/14/2009.

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

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
The Board met in Executive Session to discuss a litigation matter involving the Locust Valley Golf Course property.

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

The motion carried by a vote of 5 to 0.

______________________
Secretary