Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Tuesday, September 26, 2006 - 6:00 p.m.
Township Municipal Building

Members Present:
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
Thomas Dinkelacker, Township Solicitor
Dennis Harman, Township Engineer

CALL TO ORDER
Vice 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
Vice Chairman Gutzmirtl asked all in attendance to stand and recite the “Pledge of Allegiance.”

PUBLIC HEARINGS
None

PUBLIC COMMENT
None

SUBDIVISIONS AND LAND DEVELOPMENTS
Minor Subdivision Plan of Estate of Frank J. Madle – Resolution No. 2006-40
This item was removed from the agenda. Discussion and action on this item was tentatively rescheduled for the October 9, 2006 regular meeting.

Moyer Boundary Line Adjustment Plan – Resolution No. 2006-41
Mr. Harman reviewed for the Board the details of the Moyer Boundary Line Adjustment Plan.

A motion was made by Mr. Horvath and seconded by Mr. White to adopt Resolution No. 2006-41 conditionally approving the Preliminary and Final Lot Line Adjustment Plans of Edmund A. Moyer, Jr., for the transfer of 0.035 acres from the property at 5516 Susan Road to the undeveloped property immediately to the east of 5516 Susan Road.

Chairman Gutzmirtl asked if there was any comment from members of the public with regard to this agenda item.

Bob Tettemer – Glen Road – Mr. Tettemer questioned whether there were restrictions placed on either of the deeds for the two properties involved in the Moyer lot line adjustment.  In addition, he found it strange that the applicants were not in attendance this evening and that only a single print was submitted to the Township Engineer. Mr. Tettemer said it was his understanding that copies were also supposed to be submitted to the Township staff for review no less than fourteen days (14) days before the plan was to come before the Board for approval.

Attorney Dinkelacker said that the Township Planning and Zoning Staff and the Township Engineer all indicated that the lot line adjustment was consistent with the Township Zoning Ordinance and SALDO.  He said if there was a private deed restriction, it was a private matter that did not pertain to the Township’s approval of the lot line adjustment.

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

Chairman Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 4 to 0 with Chairman Wagner absent.

Crimson King Estates – Preliminary Plan – Resolution No. 2006-42
Mr. Harman reviewed for the Board the details of the Crimson King Estates Subdivision. One issue Mr. Harman pointed out had to do with a storm sewer pipe that discharged onto lot No. 4 of the subdivision from a property adjacent to the development. It was a condition for approval that the applicant must obtain a signature from the adjacent property owner that allows for the abandonment of that storm sewer pipe.

Mr. White asked why a recreation fee of $2,300 per lot was not included in the resolution.

Attorney Dinkelacker explained the recreation fee does not appear until the Final Subdivision Plan is presented for approval.

The applicant, Mr. Derby, and his attorney were both present and assured the Board that the signature to allow abandonment of the storm sewer pipe would be available by the time the Final Subdivision Plan came up for a vote.

Chairman Gutzmirtl asked if the applicant would comply with all the conditions set forth in the resolution, to which the applicant’s attorney said yes.

A motion was made by Mr. White and seconded by Mrs. White to adopt Resolution No. 2006-42 conditionally approving the Preliminary Subdivision Plans of Fred Derby for a four (4) lot residential subdivision on 12.1 acres located along the south side of Kozy Korner Road approximately seven hundred (700) feet east of the intersection with Highfield Lane.

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

Chairman Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 4 to 0 with Chairman Wagner absent.

Woods at Flint Hill – Resolution No. 2006-43
Mr. Harman reviewed for the Board the details of the Woods at Flint Hill Subdivision.

A motion was made by Mrs. White and seconded by Mr. Horvath to adopt Resolution No. 2006-43 conditionally approving the Preliminary and Final Subdivision Plans of Robert G. and Anna K. Miller for a six (6) lot residential subdivision on 8.53 acres located at 2051 and 2081 Flint Hill Road.

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

Chairman Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 4 to 0 with Chairman Wagner absent.

Lutron Electronics Company – Waiver Request – Resolution No. 2006-49
Mr. Harman reviewed for the Board the details of the Lutron Electronics Company’s waiver request.

Maxwell Davison, Esquire, was present on behalf of Lutron Electronics Company. Attorney Davison explained his client was requesting the sidewalk and curbing requirements be waived mostly for environmental reasons.

A motion was made by Mr. White and seconded by Mrs. White to adopt Resolution No. 2006-49 approving the Lutron Electronics Company’s request for a waiver from SALDO Sections 242 and 321.5 such that the installation of curbing and sidewalk along Jacoby and Suter Roads will not be required as part of the proposed Lutron campus expansion project.

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

Chairman Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 4 to 0 with Chairman Wagner absent.

MINUTES
Regular Meeting of December 27, 2005
A motion was made by Mr. White and seconded by Mrs. White to approve the minutes of the December 27, 2005 regular meeting of the Upper Saucon Township Board of Supervisors.

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

Chairman Gutzmirtl: Yes
Mr. Horvath: Abstained
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 3 to 0 with 1 abstention and Chairman Wagner absent.

Reorganization Meeting of January 3, 2006
This item was removed from the agenda.

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
None

MOTIONS
Minimum Municipal Obligation for Pension Plans & Length of Service Awards Program
Mr. Kassel provided the Board and members of the public with background on the annual Minimum Municipal Obligation (MMO) process. Each year, the Township staff must submit the MMO to the Board of Supervisors. The MMO for 2007 for the Uniformed Pension Plan was $142,500 and $237,802 for the Non-Uniformed Pension Plan, which was calculated using a two (2) percent contribution from the employees. This was the same amount that was contributed by the employees in 2006. The combined MMO totaled $380,302 of which an estimated $219,000 would be funded by the State-based on the 2006 state contribution. The Township would be left to fund the shortfall of approximately $161,000.

Chairman Gutzmirtl asked if anyone in the audience wanted to comment before a motion was presented.

David DeLong – 7556 Quarry Road, New Tripoli – Mr. DeLong said he would like the employees, the Pension Committee, and the public to be provided with the amount contributed by the Township to the Non-Uniform Pension Plan each year.

Mr. Kassel invited Mr. DeLong to attend a meeting being held later that week where those figures would be available.

A motion was made by Mr. White and seconded by Mrs. White to approve the Township’s 2007 Minimum Municipal Obligation of $237,802.00 for the Non-Uniformed Pensions Plan; $142,500.00 for the Uniformed Pension Plan; and $53,752.00 for the Volunteer Firefighters Length of Service Awards Program (LOSAP) pursuant to the Accounting Supervisor’s memo dated September 22, 2006.

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

Chairman Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 4 to 0 with Chairman Wagner absent.

Request for Payment – Signal Service, Inc. – Certificate for Payment No. 3
A motion was made by Mrs. White and seconded by Mr. Horvath to authorize final payment in the amount of $6,362.50 to Signal Service, Inc., for work completed on the traffic signal improvements project.

Mr. White asked if all the signals were now functioning properly.

Both Mr. Beil and Mr. Harman responded yes.

Chairman Gutzmirtl requested that Mr. Harman provide the public with a brief explanation of the scope of the work performed.

Mr. Harman said the contract allowed for the old light bulbs in the traffic signals at three (3) intersections in the Township to be replaced with new LED bulbs. The new LED bulbs utilize a lot less energy and are much more reliable. In addition, the Township opted to install battery back-ups and generator connections as well. In the event of a power outage, those intersections where battery packs were installed, the traffic signals will remain in operation for two (2) hours. After that, the generator connection will allow the police department to keep the signals operating via generator.

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

Chairman Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 4 to 0 with Chairman Wagner absent.

CORRESPONDENCE AND INFORMATIONAL ITEMS
Letter from Pension Committee Member Sandy Busedu
The Board reviewed a letter from Pension Committee Member Sandy Busedu requesting that she be placed on an upcoming Board of Supervisors agenda to discuss the employees’ pension contribution.

Chairman Gutzmirtl indicated that a meeting had already been scheduled for that Thursday at 1:00 p.m. to address the matter.

DIRECTION / DISCUSSION ITEMS
Purchase of Ford 350 Pickup Truck for Road Department
Mr. Beil reviewed the request from the Township’s Road Department to include in the 2007 budget the funds to purchase a new Ford 350 Pickup Truck to replace the one that was to be put up for auction in October. Don Eck, Superintendent of Roads, obtained price quotes for the purchase of such a vehicle. If purchased before October 15, 2006, the vehicle price would be $5,000 less than if purchased after that date. The issue before the Board was to allow for the ordering of the vehicle before October 15, saving the Township $5,000.

Chairman Gutzmirtl said it was his understanding that the department wanted a vehicle for hauling smaller loads, since their current fleet consisted of larger dump trucks used for dirt, stone, mulch, etc.

Mr. Dan Guerrero, Assistant Superintendent of Roads, was present to address the Board’s questions. He said the truck would be used to haul things such as park benches, picnic tables, fencing, etc., that would otherwise be damaged if hauled in the dirt-covered dump truck beds.

Chairman Gutzmirtl inquired about the type of dump trucks currently owned by the department.

Mr. Guerrero said they were mostly Ford 450s and 550s.

Mr. White wondered what effect the purchase would have on the Township’s monetary outlook.

Mr. Beil said the money to purchase the vehicle could be taken from the Township’s unappropriated capital reserve.

A motion was made by Mrs. White and seconded by Mr. White to authorize the appropriate Township official to purchase a new Ford 350 Pickup Truck in the amount of $24,924.54 from the PA Capital City Contract.

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

Chairman Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 4 to 0 with Chairman Wagner absent.

Zoning Hearing Board Agenda for October 16, 2006
Attorney Dinkelacker reviewed for the Board the three (3) appeals on the October 16, 2006 Zoning Hearing Board Agenda. The first two (2) were appeals in connection with the Southern Lehigh School District Elementary School Project.  Some of the issues contained in the appeals involved the requirement of a buffer around the property and the provision requiring islands be placed throughout the parking lots. In addition, the School District was asking for an interpretation regarding the continuation of the buffer from the elementary school property through the middle school property.

Chairman Gutzmirtl said he would like the matter referred to the Planning and Zoning Sub-Committee for a decision.

Attorney Dinkelacker then reviewed the third appeal by Sierra Management asking for an interpretation and variance relief with regards to their proposed conference center. It was his understanding that the Zoning Hearing Board could handle the matter without input from the Board.

A motion was made by Mrs. White and seconded by Mr. Horvath to refer the first two (2) appeals to the Planning and Zoning Sub-Committee for a decision and to leave the third appeal in the hands of the Zoning Hearing Board members.

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

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

The motion carried by a vote of 3 to 1 with Chairman Wagner absent.

BILLS, PAYROLLS, AND COMMISSIONS
Prepaid Invoice List #09262006 dated 09/22/2006……..$  82,570.57
Warrant List #09262006 dated 09/22/2006……………..$327,410.71

A motion was made by Mrs. White and seconded by Mr. Horvath to authorize payment of the Prepaid Invoice List and Warrant List #09262006 dated 09/22/2006.

Mr. White had question on one (1) invoice, which was answered promptly by Mr. Beil.

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

Chairman Gutzmirtl: Yes
Mr. Horvath: Yes
Mr. White: Yes
Mrs. White: Yes

The motion carried by a vote of 4 to 0 with Chairman Wagner absent.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
Bob Fulford – 3675 N. Saucon Ave. – Mr. Fulford thanked the Township for their contribution to the LOSAP program for the 2007 calendar year and complimented the latest newsletter saying the articles were wonderful. He also requested help regarding a drainage problem on Lanark Road in front of the old fire station.

Mr. Beil said since Lanark Road was a State road, the Township would alert PennDOT of the problem.

Mr. Harman said the problem is the water does not drain quickly enough, not that there is a depression in the road that causes the water to pool.

Mr. White said he had contacted PennDOT four (4) or five (5) years prior to alert them of the problem, and nothing was done.

EXECUTIVE SESSION
An executive session was held to discuss a personnel matter concerning the possible re-hire of a former employee and litigation involving several proposed developments.

ADJOURNMENT
A motion was made by Mr. White and seconded by Mrs. White to adjourn the meeting.

The motion carried by a vote of 4-0 with Chairman Wagner absent.

                                                                       
Secretary