Board of Supervisors Agenda

MINUTES
Upper Saucon Township Board of Supervisors
Regular Meeting
Monday, October 5, 2009 – 6:00 P.M.
Township Municipal Building

Members Present:
Miro A. Gutzmirtl, Chairman
Joseph M. Horvath
John E. Gilda, Jr.
Joaquim “Jack” DeMatos

Participation by Speaker Phone:
Stephen Wagner, Vice Chairman

Staff Attending:
Thomas F. Beil, Township Manager
Robert E. Kassel, Jr., Asst. Township Manager
Dennis Harman, P.E., Township Engineer
Thomas Dinkelacker, 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 those in attendance to stand and recite the “Pledge of Allegiance.”

PUBLIC COMMENT
None

CHAIRMAN’S REMARKS
Mr. Gutzmirtl commented on the success of the annual Open House at the Fire Company held on Sunday, October 4th. All the visitors closely inspected the Township’s fire-fighting equipment and asked pertinent questions. Fire Chief, Chuck Castetter, commented to Chairman Gutzmirtl that the Township has met most of his manpower objectives.

ANDY HINES, DIRECTOR OF FACILITIES – LUTRON ELECTRONICS- MONETARY CONTRIBUTION TO TOWNSHIP SERVICE ORGANIZATIONS
Andy Hines, Director of Facilities for Lutron Electronics presented monetary contributions from Lutron Electronics to the Township. The discretionary contributions were designated for particular organizations with the Upper Saucon Ambulance Corps receiving $3,000, the Volunteer Fire Department receiving

$3,000, the Southern Lehigh Public Library receiving $1,000 and a corporate contribution of $500 to Family Fun Day. Mr. Gutzmirtl thanked Mr. Hines for the contribution, noting that Lutron has made
contributions to the Township for the past three years and lauded the concept of corporate giving exemplified by Lutron’s contributions. Each member of the Board thanked Mr. Hines for Lutron’s continued support of the Township and its programs.

STATE REPRESENTATIVE KAREN BEYER-LEGISLATIVE UPDATE
Representative Beyer was unable to attend tonight’s meeting because she was in session in Harrisburg. She will present her update at a future Board meeting.

SUBDIVISIONS & LAND DEVELOPMENTS
None

MINUTES
Regular Meeting of September 21, 2009
Motion made by Mr. Horvath and seconded by Mr. DeMatos to approve the minutes of the regular meeting of September 21, 2009. The motion was adopted by a vote of 4 to 0 with Mr. Wagner abstaining.

COMMITTEE REPORTS
None

ORDINANCES
None

RESOLUTIONS
None

MOTIONS
Easement Agreement With PPL Electric Utilities Corporation – Electric Transmission Line Through Tumblebrook Golf Course
Motion made by Mr. Gilda and seconded by Mr. Wagner to approve the Easement Agreement between the Township and PPL Electric Utilities Corporation which would allow PPL to relocate an overhead electric transmission line through Township-owned property at 3584 Jacoby Road (Tumblebrook Golf Course) and to authorize the Township Manager to execute said agreement on behalf of the Township. Mr. Beil confirmed that the relocation of the overhead wires will improve play on the golf course. The motion was adopted by a vote of 5 to 0.

Encroachment Agreement – Frank and Sheila Wang – 3406 Courtney Drive
Motion made by Mr. Horvath and seconded by Mr. DeMatos to approve the Encroachment Agreement with Frank and Sheila Wang in order to allow the installation of a fence that would encroach upon the Township’s drainage easement on the property at 3406 Courtney Drive and to authorize the Township

Manager to execute said Agreement on behalf of the Township. Mr. Wagner asked if the Township could force the property owner to remove the fence. Mr. Beil noted that the agreement has a provision that the
homeowner must remove the fence if directed to do so by the Township for any reason. The encroachment does not impact the underground pipe at this location. The motion was adopted by a vote of 5 to 0.

Encroachment Agreement – Werner and Mary Joy Reinartz – 5509 Daisy Lane
Motion made by Mr. Horvath and seconded by Mr. Wagner to approve the Encroachment Agreement with Werner and Mary Joy Reinartz in order to allow the installation of a partial stone wall and mailbox structure within a portion of the Township right-of-way of Daisy Lane and to authorize the Township Manager to execute said Agreement on behalf of the Township, provided the Reinartzs submit a sketch plan showing the location of the partial stone wall and mailbox structure which is acceptable to the Township Manager. Mr. Horvath questioned the safety aspect of having a stone wall in the Township right-of-way and was assured by Mr. Beil that the plan would be reviewed by the Township Road Crew. Mr. Beil also noted that the Township has provisions in the agreement to hold the Township harmless of any liability and retains the option to have the homeowner remove the partial stone wall and mailbox structure if it becomes a hazard. Mr. DeMatos asked if encroachment agreements get recorded at the Lehigh County Courthouse. Solicitor Dinkelacker responded that the Township has not recorded the agreements, primarily to avoid the cost of recording the agreements. The Solicitor will investigate the issue and make a recommendation to the Board as to whether or not encroachment agreements should be recorded. The motion was adopted by a vote of 5 to 0.

Encroachment Agreement – Kazimierz and Irena Hopek – 5502 Glen Road
Motion made by Mr. Horvath and seconded by Mr. DeMatos to approve the Encroachment Agreement with Kazimierz and Irena Hopek in order to allow the installation of two masonry pillars within a portion of the Township right-of-way of Glen Road and to authorize the Township Manager to execute said Agreement on behalf of the Township, provided the Hopeks submit a sketch plan showing the location of the masonry pillars which is acceptable to the Township Manager. The motion was adopted by a vote of 5 to 0.

Water System Improvements Along Route 309 & Center Valley Parkway
Motion made by Mr. Horvath and seconded by Mr. Wagner to authorize the Township Engineer to proceed with the design and bidding of the Route 309 & Center Valley Parkway water system improvements project. The motion was adopted by a vote of 5 to 0.

Exoneration of Delinquent Taxes
Motion made by Mr. Horvath and seconded by Mr. Gilda to exonerate the Lehigh County Tax Claim Bureau from collecting delinquent 2007 and 2008 Township Real Estate taxes on the property at 2506 Flint Hill Road (Property Identification No. 643424262722 1) pursuant to correspondence dated September 4, 2009 from the Lehigh County Office of Fiscal Affairs. The motion was adopted by a vote of 5 to 0.

Motion made by Mr. Wagner and seconded by Mr. Horvath to exonerate the Lehigh County Tax Claim Bureau from collecting delinquent 2007 and 2008 Township Real Estate taxes on the property at 5002 Route 309, Lot 470, (Property Identification No. 641477632291 3) pursuant to correspondence dated September 21, 2009 from the Lehigh County Office of Fiscal Affairs. The motion was adopted by a vote of 5 to 0.

Request For Payment – HRI, Inc. – Certification No. 1 (Final)
Motion made by Mr. Horvath and seconded by Mr. DeMatos to authorize payment in the amount of $25,648.20 to HRI, Inc., for seal coating work on various Township roads. The motion was adopted by a vote of 5 to 0.

Amendment To Valley Green South Improvements Agreement
Motion made by Mr. Horvath and seconded by Mr. Wagner to approve Amendment I to the Valley Green South Improvements Agreement, subject to minor modifications as deemed appropriate by the Township Solicitor. Mr. Wagner asked Solicitor Dinkelacker to summarize the agreement. Solicitor Dinkelacker reviewed the terms of the agreement noting that Stabler agreed to correct the drainage problems on the McKinney property and the McKinneys agreed to maintain the drainage improvements. The motion also clears up several outstanding issues including the dedication of the roads, waiving the maintenance period, and authorizing Ms. Heater, Director of Community Development, to clear the developer’s plan review fee account once all conditions have been met. The motion was adopted by a vote of 5 to 0.

CORRESPONDENCE AND INFORMATION ITEMS
None

DIRECTION / DISCUSSION ITEMS
Zoning Hearing Board Agenda – October 12, 2009
Mr. Beil reviewed the October 12, 2009 Zoning Hearing Board agenda with the Board. The Board concurred that the Zoning Officer should prepare a list of possible conditions of approval for the Zoning Hearing Board to consider in the appeal of Jason Baer for an in-law apartment on the property at 4420 Vera Cruz Road.

Schedule Special Board of Supervisors Meeting To Review Proposed 2010 Budget
The Board will hold a special meeting on November 23, 2009 at 6:00 pm to review the proposed 2010 Budget.

BILLS, PAYROLLS, AND COMMISSIONS
Motion made by Mr. Horvath and seconded by Mr. Gilda to approve the Prepaid Invoice List #10052009, dated 10/02/2009, for $381,105.96 and the Warrant List #10052009, dated 10/02/2009 for $534,552.66.
The motion was adopted by a vote of 5-0.

ADDITIONAL BUSINESS
None

COURTESY OF THE FLOOR
None

EXECUTIVE SESSION
The Board met in executive session to discuss litigation and personnel matters.

Upon return from executive session, the Board addressed two personnel matters. The first issue dealt with the hiring of a Communications/Special Projects Coordinator. Mr. Gutzmirtl noted the Board has never wavered in its commitment to fill the Communications/Special Projects Coordinator position. Mr. Horvath asked that the position be project management oriented so that responsibilities do not drift among various departments. Mr. Beil asked for the Board’s commitment as he pursues candidates for the position. Mr. Beil explained he has received approximately 150 resumes for the position and will begin interviews in the near future. He did not want to expend the effort if the position would not be approved in the 2010 budget. The second matter concerned pay increases for Township employees in the 2010 budget, Mr. Gilda explained that the Finance Committee, while giving no specific guidance to the Township Manager, is committed to a no growth budget in 2010.

ADJOURNMENT
A motion was made and seconded to adjourn the meeting at approximately 8:25 pm.

The motion carried by a vote of 5 to 0.

______________________
Secretary